Common use of Subsequent Purchasers Clause in Contracts

Subsequent Purchasers. Unless specifically agreed to in writing by ▇▇▇▇, Goods that are sold specifically for Buyer’s use shall not be repackaged, resold, or redistributed. In the event Buyer subsequently sells the Goods to a third-party purchaser, or incorporates the Goods into products sold to a third party, only those representations and warranties contained herein and pertaining to the Goods shall apply to such sales to a third party and the Goods following such sales; provided, however, in all cases the limitations, waivers, and disclaimers set forth in these Terms shall also apply. Buyer’s agreement with any such third-party purchaser shall include terms and conditions, regarding Confidential Information and use of the Goods or otherwise, which afford at least as much protection to tesa and include the limitations, waivers, and disclaimers in favor of tesa as set forth in these Terms, and tesa shall have no liability for any representations or warranties made by Buyer in addition to, or inconsistent with, the representations, warranties, limitations, waivers, and disclaimers contained herein. tesa’s liability in regard to any Goods shall, notwithstanding any agreement to the contrary between ▇▇▇▇▇ and a third-party purchaser of the Goods, remain at all times solely as set forth in these Terms. Buyer shall indemnify, hold harmless, and defend tesa from and against any Third-Party Claim related to representations or warranties regarding the Goods made by Buyer or any other third party which are in addition to or inconsistent with the limited representations and warranties made herein by tesa or any failure by Buyer to provide tesa such protections, limitations, waivers, and disclaimers as are set forth herein.