Common use of Warranties and Returns Clause in Contracts

Warranties and Returns. Without prejudice to any warranty express or implied, by law, Supplier expressly warrants and represents to Buyer that all Goods (including without limitation any labels, cartons, packaging and literature and any replacement or repaired Goods) to be supplied to Buyer shall be: a) of good quality, design, materials, construction and workmanship (at least to industry standards), and that all Goods are free from defects and conform strictly to any specifications or approved samples and all other requirements of the Agreement; b) are suitable for the intended purpose and do not violate any third party rights. This applies particularly to intellectual property rights such as trademarks, patents and design rights. c) comply with the requirements of all applicable laws, statutory rules, orders, regulations, UK, European and International standards, safety standards and testing and all other requirements, regulations or legislation (whether national or international) which apply to such Goods in particular and where applicable the Supplier will be responsible for ensuring that the Goods comply with the requirements of REACH, the EU regulation on the control of chemicals); d) have all necessary and accurate markings (including UKCA, CE and/or UKNI (as applicable)) labelling, safety and data sheets, licences, permits and consents; e) (where appropriate) accompanied by relevant advice sheets and/or clear instructions (to LKQE or any end-customer of LKQE) relating to any conditions of storage, assembly use or operation required for the Goods (including any environmental, operating or facilities requirements that need to be met); and f) unless otherwise agreed between the parties (in writing or by virtue of the Special Conditions), be free from any duties and/or tariffs (Customs Costs), and the Supplier shall indemnify the Buyer for any such Customs Costs in the event they are payable.