Hi, I'm new here.
I'm putting together an agreement, between manufacturer of pretzel product in Europe and myself in the US.
Is it normal to ask an overseas manufacture for a merchantability and fitness warranty, but manufacturer does not agree to include that kind of warranty, they say
"There are no other warranties, expressed or implied, including any warranty of merchantability, or fitness for a particular purpose."
Infact the manufacturer only guarantees the product to the EXW shipping point where the delivery takes place and I take title, although they do state in the contract that the product is made to high European standards and quality controls but because they no longer have any control over it after EXW point, especially since it goes by sea for 5 weeks. The quality by the way is very good.
So is it normal/common practice for them to decline a merchantability and fitness warranty, I guess I'm trying to look at if from their perspective as well, but still I have no ideas what the accepted standard in this type of contract is.
Thank you so much!
I'm putting together an agreement, between manufacturer of pretzel product in Europe and myself in the US.
Is it normal to ask an overseas manufacture for a merchantability and fitness warranty, but manufacturer does not agree to include that kind of warranty, they say
"There are no other warranties, expressed or implied, including any warranty of merchantability, or fitness for a particular purpose."
Infact the manufacturer only guarantees the product to the EXW shipping point where the delivery takes place and I take title, although they do state in the contract that the product is made to high European standards and quality controls but because they no longer have any control over it after EXW point, especially since it goes by sea for 5 weeks. The quality by the way is very good.
So is it normal/common practice for them to decline a merchantability and fitness warranty, I guess I'm trying to look at if from their perspective as well, but still I have no ideas what the accepted standard in this type of contract is.
Thank you so much!