1. Buyer shall not be liable for any default hereunder where arrival of shipped goods at destination is delayed or prevented by causes not subject to Buyer’s control such as, but not limited to, strikes, fires, accidents or acts of God.
2. Seller warrants that the goods to be delivered hereunder will be delivered free and clear of any and all liens, including but not limited to, any lien in favor of the United States for a farm marketing excess penalty.
3. Seller warrants the goods herein specified, if fabricated or processed rather than grown, to be free from defects in labor, materials and fabrication.
4. Buyer expressly reserves a right of inspection of the goods to be delivered under this contract.
5. The Seller agrees to indemnify the purchaser against any claims for infringement against patent rights of royalties in respect to goods set forth hereon. Seller will defend at is expense, any and all suits or actions at law which may be brought against the Purchaser for said claims for infringements or royalties.
6. If the goods covered hereby are grain, the following additional provisions shall apply: (a) This contract is subject to reciprocal margins and the party giving margins may require that such amount be held in escrow; (b) Seller warrants that all grain to be delivered hereunder will have been grown in the continental United States unless a non-U.S. Grown clause has been made a part of the terms of this contract and a statement thereof shown on the face of this contract; (c) Seller guarantees that no carload or other shipping unit of the commodity covered by this contract shall be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, or is an article or commodity which may not, under the provisions of Section 404 or 505 or the Act, be introduced into interstate commerce’ and (d) this contract, unless otherwise noted above, shall be governed by the Trading Rules of the National Soybean Processors Association apply on soybean oil meal; the Rules of the National Cottonseed Products Association apply on cottonseed meal; the Rules of the American Dehydrators Association apply on alfalfa meal; the Grain Trade Rules of the Grain and Feed Dealers National Association apply on grain; and the Feed Trade Rules of the Grain and Feed Dealers National Association apply on mill feed and other commodities not specifically stated above. The Trade Rules of the respective commodity shall apply to the performance of this contract, and determine the obligations and rights of the parties. The Buyer hereby acknowledges familiarity with the test of the Trade Rules of the respective commodity and Buyer and Seller agree to be bound by the terms and conditions of said rules.
7. None of the terms and conditions contained in this contract of purchase may be added to, modified, superceded or otherwise altered except with the written consent of an authorized representative of the Buyer.
8. The Seller certifies that this product(s) is in compliance with FDA Regulation 21 CFR 589.2000 and FDA Rule 21 CFR 589.2001 and is free of all Restricted Use (Non-Exempt) Protein Products.
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