"The undersigned, (hereinafter called the “Seller”), does hereby guarantee to _________________(hereinafter called the “Buyer”), that all food products sold by the Seller to the Buyer do and shall at the time of shipment by the Seller:
A. in all respects comply with the Federal Food, Drug and Cosmetic Act, and all acts amending or supplementing the same, and with the pure food and drug laws of each and all of the states of the United States into which any such products may be shipped by the Seller, and
B. that such food products shall not be at the time of shipment adulterated or misbranded within the meaning of said acts or said laws or by articles prohibited from introduction into interstate commerce under the provisions of Section 404 or 505 of the said Federal Food, Drug and Cosmetic Act, and are not and do not contain a misbranded hazardous substance or a banned hazardous substance.
This guarantee shall become void unless prompt notice in writing is given to the Seller by the Buyer of any claim that any product sold by the Seller to the Buyer is adulterated or misbranded or in any other respect fails to comply with this guaranty, stating particulars; and that no action on this guaranty shall be commenced after two (2) years from the time of shipment by the Seller to the Buyer of the product involved.
This agreement shall cover only products shipped by the Seller within five (5) years from the date here and shall terminate absolutely at the end of said five (5) years, and shall not be renewed or extended except by a new writing signed by an authorized officer of the Seller.
Dated this ___ day of_______ 20__."
(signature at the bottom along with typed name and company name at the top)
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