DELIVERY AND QUALITY Sample Clauses

DELIVERY AND QUALITY. (i) The Goods will conform to the Specs, which are incorporated into this Agreement by reference, and will meet the minimum standards prescribed by the Contract Confirmation and all applicable federal, state, local and foreign food safety and labeling laws and regulations; (ii) the Goods have been free at all times of any contamination or adulteration; (iii) the Goods, when delivered to Buyer, will not pose any food safety or quarantine risk to Buyer or Buyer’s customers and the Goods have not been shipped from any area quarantined by the United States Department of Agriculture – Animal and Plant Health Inspection Service (“USDA-APHIS”), and to the extent required, are Generally Recognized as Safe, under sections 201(s) and 409 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301, et seq.) (“FFDCA”);

DELIVERY AND QUALITY. Seller warrants to Buyer that: (i) the Goods will conform to the Specifications, which are incorporated into this Agreement by reference, are able to pass without objection in trade, and will meet the minimum standards prescribed by the PO and/or Contract Confirmation and all applicable federal, state, local and foreign food safety and labeling laws and regulations of any applicable jurisdiction or applicable court order or settlement agreement, as well as any applicable generally accepted industry standards (“Applicable Law”); (ii) the Goods are and have been free at all times of any contamination or adulteration, and have not been subject to any spills or leaks; (iii) the Goods will not pose any food safety or quarantine risk to Buyer or Buyer’s customers and the Goods have not been shipped from any area quarantined by the USDA Animal and Plant Health Inspection Service (“APHIS”), and to the extent required, are Generally Recognized as Safe, under sections 201(s) and 409 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301, et seq.) (“FFDCA”); (iv) in the case of imported Goods, no Goods are imported from or through countries in which African Swine Fever has been detected as of the date of the shipment, as specified by USDA- APHIS; (v) the Goods sold are merchantable and fit for sale to U.S. and foreign customers and for their intended use, and all Goods were sold in the condition required by the Specifications and the PO and/or Contract Confirmation; (vi) Seller implements and will provide, upon request, a Food Safety Plan applicable to the Goods; (vii) the Goods have been at all times manufactured, processed, packed, and held using current Good Manufacturing Practices; (viii) Seller has and will continue to engage in adequate biosecurity protocols to control identified hazards, and will provide express written notice to Buyer of all hazards associated with each Good that is not controlled by Seller; (ix) Seller has been and remains registered with the FDA as a food facility, to the extent required by law; (x) Buyer reserves the right to require pre-shipment testing and quality approval samples;