Conformance of Product. It is an express condition of this contract that all goods and/or work ordered which are made as a part hereof, as is fully set out herein, be made in full accordance to plans, drawings, specifications or samples furnished or approved by the Buyer thereto. And, if not so ordered by the Buyer, will be made merchantable, fit, and sufficient for the purpose ordered. Furthermore, products must meet acceptable industry standards for quality and workmanship. In any case, it is a further condition that the goods or work ordered will be free from defect in material and workmanship. The vendor shall notify the buyer, in writing, of any product that does not meet the agreed requirements. Furthermore, the vendor shall obtain approval/disposition from the Buyer of nonconforming material before release. All warranties and conditions shall run to the Buyer, its successors, assigns and customers, and are deemed to be exclusive. Unless otherwise specified, all goods and/or work furnished hereunder may be subject to final inspection at the Buyer’s facilities, and subsequent acceptance or rejection by the Buyer thereof. The Buyer, the Buyer’s customers, Government agencies, and/or regulatory authorities, retain the right of access to the Vendor’s facilities, including subvendors, to inspect materials, documents, and quality assurance systems. The Buyer may withhold any rejected goods at the Vendor’s risk, pending Vendor’s instructions. If the Vendor fails to furnish the Buyer with disposition of such goods within a reasonable amount of time, the Buyer may return the goods to the Vendor at the Vendor’s expense.
Conformance of Product. Subject to JDS’s obligations with respect to supplies of the Labeling Specifications under Section 2.6 hereof, each certification by SOLVAY pursuant to Section 2.7(b) shall be deemed a representation and warranty hereunder, any breach of which representation and warranty being subject to the provisions of Section 5.1, Section 2.7(c) and Section 2.7(d) and the limitations contained in Section 3.3.
