Common use of Quality and Description Clause in Contracts

Quality and Description. 4.1.- The Supplier guarantees that the Goods supplied, when delivered, shall be: (i) of the quantity and description specified in the Contract, in the Order, in any notification or other document issued or delivered by the Supplier; (ii) of satisfactory quality; (iii) appropriate to meet the regular and specific purposes of the Buyer and that have been notified to the Supplier or any other purposes of the Buyer which the Supplier should reasonably know; and (iv) the design, materials and production shall be free from defects. 4.2.- The Supplier guarantees that the Services provided will be: (i) performed by qualified and experienced staff in an efficient, safe, skilled manner and in accordance with the applicable industrial code of practice; and (ii) of the highest quality that can reasonably be expected from a skilled and experienced operator that provides similar services under similar circumstances. 4.3.- The Supplier guarantees their experience and confirms the accuracy of all statements and representations made regarding the Goods and/or Services prior to the signing of the contract. Furthermore, the Supplier also acknowledges those made by the Buyer. 4.4.- The Supplier guarantees that the Goods and Services provided: (i) shall comply with all applicable legal and regulatory requirements, including, but not limited to, those related to production processes, packaging, transportation and delivery of the Goods and the provision of the Services, and in accordance with health & safety and environmental regulations; (ii) shall not infringe the intellectual property rights of any third party; and (iii) they shall comply with any other specification or requirement set out in the Contract. 4.5.- The Supplier shall mark any hazardous material supplied using the international hazard symbol(s) and the wording of the name in both English and Spanish. The transport and other documents shall contain the same, along with emergency information in English. The name of the Supplier shall be indicated and assurances shall be provided that it complies with all international agreements, general legal rules applicable in the country concerned, and local rules and standards, as well as the regulations and codes of practice of the country of delivery with respect to the packaging, labelling and transport of dangerous goods. 4.6.- The Supplier shall allow the Buyer or any authorized representatives to inspect and test the Goods at any time during the production, processing, and storage stages, and to carry out tests on the Services. The Supplier shall take any reasonable step required by the Buyer or their authorized representative, if deemed necessary, to ensure compliance with the Contract. To avoid any misunderstanding, the Buyer's right of inspection and the requirement of steps to take does not imply that the Buyer accepts or approves the work performed nor does it reduce or exempt the Supplier from their obligations regarding full compliance with the Contract. 4.7.- If written instructions are issued by the Buyer to alter the Goods or Services, the Supplier will make the best effort to change the Goods or Services under the terms set forth by the Supplier. Any reasonable expense incurred or savings made by the Supplier due to the changes to the Contract will be paid or collected by the Buyer. The rates and prices specified in the Order will be the basis for calculating costs or savings. 4.8.- The rights and/or actions to which the Buyer is entitled under Clause 4 and/or Clause 5 are not limited in time and, therefore, may be exercised at any time by the Buyer; consequently, the liability of the Supplier regarding the supply or provision of Goods and Services under the terms of this Contract will survive the termination of the Contract and follow the provisions of the applicable laws regarding prescription and/or expiration dates.