6.Risk of loss and title
the risk of loss shall pass to the buyer upon (insert time of passage). title to goods shall remain with the seller until buyer said passage of time.
7.compliance with laws and customs
it is the sole responsibility of the (seller or buyer-select one)to assure complete compliance with all international,federal,state,or local laws,regulation,codes,rulings,which are applicable by any regulatory or certifying governmental agencies that in any manner affect the goods set forth in this contract and shall comply with all laws. all permits,licenses,approvals and inspection fees and inspection fees and sales or use taxes mandated under this contract shall be secured by (seller or buyer-select one).see also,paragraph 4 of this agreement.
Practical application:inclusion of incoterms has been recognized under the CISG.see also appendix A-6.
8.waiver
Any of the provisions hereof may be waived by the party entitled to the benefit thereof; however,neither party shall be deemed,by any act or omission,to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party,and then only to the extent specifically set forth in such writing.A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event.
Practical applicatin: this provision would eliminate implied waivers.as such,a buyer's counsel may want to eliminate the writing requirement.
9.warranties
both parties represent and warrant to the other that:(i) it has all requisite power and authority to execute and deliver this contract ant to perform is obligations hereunder;(ii) the execution,delivery,and performance of this contract shall not conflict with its charter or bylaws,or any agreement,order,or judgment to which it is bound;and (iii) it has