Common use of SPECIFICATION OF THE PRODUCTS Clause in Contracts

SPECIFICATION OF THE PRODUCTS. 4.1 The Supplier warrants that all Products sold by the Supplier to the Customer pursuant to this Agreement will conform in all material respects to the Specification at the date of delivery and will, subject to Clauses 4.2 and 4.3, continue to do so for a period of 12 months (unless otherwise notified by the Supplier) from that date (Warranty). All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in this Agreement are excluded from this Agreement to the fullest extent permitted by law. 4.2 During the period of the Warranty, if any non- conformance of any Products with the Specification is caused wholly or partly by any action or inaction of the Customer, including any of the Customer's manufacturing processes, the Supplier shall have no liability whatsoever, and the Customer shall be responsible for replacing or repairing such Products at its own expense. 4.3 Notwithstanding the provisions of Clause 4.1, if the Customer (a) combines the Products (or any part of them) with its own or any third party product; or