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Seller, ABC CANNING COMPANY, guarantees that no articles of food sold by seller to buyer. THE XYZ COMPANY, during the period in which this guarantee is effective will be adulterated or misbranded within the meaning of he Federal Food, Drug and Cosmetic Act of June 25, 1938, as amended, the Federal Fair Packaging and Labeling Act, or within the meaning of any state food and drug law, the adulteration and misbranding provisions of which are identical with or substantially the same as those found in the federal Act, and that such goods will not be produced or ship- in violation of Section 404 or 301 (d) of said federal Act, provided, however, that the seller does not guarantee against such goods becoming adulterated or misbranded within the meaning of said Act or Acts after shipment, by reason of causes beyond seller's control; and provided also that where goods are shipped under buyer's labels, seller's responsibility for misbranding shall be limited to that resulting from the failure of the product to conform to the label furnished by the buyer. Buyer under takes to hold seller harmless from any liability under said Act or Acts for any other type of misbranding arising out of the use of buyer's labels, or for any liability under said Act or Acts for misbranding where buyer insists upon the use of any label after seller has questioned in writing the use of such label.
This guarantee shall become effective when it has been signed by both parties, and shall continue to be effective until it is revoked by either party by giving of ten days' written notice to the other party.
ABC CANNING COMPANY, Seller Town, State, Zip By:
ACCEPTED
THE XYZ COMPANY, Buyer Street, City, State, Zip
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COPYRIGHT©2005 VICTORIA PACKING CORP. ALL RIGHTS RESERVED
( CTR-110505-PFG)
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