Defects in Products or Designs; Product Safety Sample Clauses

Defects in Products or Designs; Product Safety. (a) The Company does not distribute and has never sold, produced or manufactured any products for commercial use. No product designed by the Company has ever been transferred to a third party for any purpose other than to test such product. (b) No reserves are required on the Financial Statements under GAAP with respect to product liability claims made, or expected to be made against, the Company. (c) The Company has not been required to file, nor has it filed, a notification or other report with the United States Consumer Product Safety Commission or any other Governmental Authority concerning actual or potential hazards with respect to any product developed or manufactured by the Company.
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Defects in Products or Designs; Product Safety. (a) There has been no pattern of defects in the design, construction, manufacturing or installation of any Product by the Company or its employees or agents in connection with the Business that would adversely affect the performance or quality of such Product. Each Product has been designed, manufactured, packaged and labeled in compliance with all regulatory, engineering, industrial and other codes applicable thereto and the Company has received no written notice of any alleged noncompliance with any such code. Each Product advertised or represented as being rated or approved by a rating organization, such as Underwriters’ Laboratories or other similar organizations, complies with all conditions of such rating or approval. The amounts reflected as product liability reserves in the Financial Statements are sufficient to satisfy any claims, whether known or unknown, fixed or contingent, which have been or may be made against the Company with respect to product liability claims. (b) The Company has not been required to file, nor has it filed, a notification or other report with the United States Consumer Product Safety Commission or any other governmental agency concerning actual or potential hazards with respect to any Product.
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Defects in Products or Designs; Product Safety. To the Sellers’ Knowledge, there have been no pattern of defects in the design, construction or manufacturing of any product commercialized by Wxxxx Canada or Wxxxx US, or its employees or agents in connection with the US Business and Canadian Business that would reasonably be expected to adversely affect the specified performance or quality of such product. Each commercialized product has been designed, manufactured, packaged and labeled in material compliance with all regulatory, engineering, industrial and other codes applicable thereto and neither Wxxxx Canada nor any Seller has received written notice of any alleged noncompliance with any such code. Each product advertised or represented as being rated or approved by a rating organization, such as Underwriter’s Laboratories Inc. (“U.L.”) or other organization, complies with the conditions of such rating or approval. Wxxxx Canada and Wxxxx US have all U.L. permits, licenses or other rights which gxxxx Xxxxx Canada and Wxxxx US the right to manufacture, package and label products as being rated or approved by U.L. (the “U.L. Licenses”). The U.L. Licenses are valid and in effect and neither Sellers nor Wxxxx Canada has received any notice that U.L. intends to cancel, terminate or not renew any of the U.L. Licenses. Wxxxx US and Wxxxx Canada are in material compliance with the U.L. Licenses. Section 7.26 of the Disclosure Schedule sets forth all E-files associated with the U..L. Licenses.
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Defects in Products or Designs; Product Safety. There has been no pattern of defects in the design, construction or manufacturing of any Product that would adversely affect the performance or quality of such Product. Each Product has been designed, manufactured, packaged and labeled in compliance with all regulatory, engineering, industrial and other codes applicable thereto and Seller has not received any written notice of any alleged noncompliance with any such code. No reserves are required on the Financial Statements with respect to product liability claims of Seller. Each Product has been manufactured in conformance with the design specifications and in material compliance with Good Manufacturing Practices and industry standard quality management procedures.
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Defects in Products or Designs; Product Safety. (a) Except as set forth in Section 3.28(a) of the Seller Disclosure Schedule, the Division has not received actual notice of any alleged noncompliance with any regulatory, engineering, industrial or other codes applicable to the design, construction, manufacturing or installation of any material product made, manufactured, constructed, distributed, sold, leased or installed by the Division or its employees or agents. (b) Except as set forth in Section 3.28(b) of the Seller Disclosure Schedule, Seller has not within the preceding three years filed a notification or report with the United States Consumer Product Safety Commission concerning actual or potential hazards with respect to any product manufactured or sold by the Division.
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Defects in Products or Designs; Product Safety. (a) To the knowledge of the Company, there have been no pattern of defects in the design, construction or manufacturing of any Product commercialized by the Company or its employees or agents in connection with the Business that would adversely affect the specified performance or quality of such Product. Each commercialized Product has been designed, manufactured, packaged and labeled in compliance with all regulatory, engineering, industrial and other codes applicable thereto and the Company has received no written notice of any alleged noncompliance with any such code. Each Product advertised or represented as being rated or approved by a rating organization, such as Underwriters’ Laboratories or other similar organizations, complies with all conditions of such rating or approval. (b) Other than standard information and reports provided with respect to medical device products to the FDA and any local authorities, and standard international reporting to notified bodies, and vigilance reporting, the Company has not been required to file, nor has it filed, a notification or other report with the United States Consumer Product Safety Commission or any other Governmental Authority concerning actual or potential hazards with respect to any Product.
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Defects in Products or Designs; Product Safety. (a) Except as set forth on SCHEDULE 3.26, to Company, MSH and Seller's Knowledge, since October 17, 1999 there has been no pattern of defects in any product line in the design, construction, manufacturing or installation of any product ("Product") made, manufactured, constructed, distributed, sold, leased, distributed or installed by the Business, its employees or agents, that would adversely affect the performance or quality of such Product or services or designs provided by the Company to any third parties. All of the Products have been designed, manufactured and installed in compliance with the regulatory, engineering, industrial and other codes generally recognized as being applicable thereto and Company or MSH has not received written notice of alleged noncompliance with any such code. (b) Except as set forth on SCHEDULE 3.26, since October 17, 1999, Company has not been required to file and has not filed a notification or other report with, or provide information to, the United States Consumer Product Safety Commission concerning actual or potential hazards with respect to any product manufactured or sold by the Business.
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Defects in Products or Designs; Product Safety. (a) Except as set forth on EXHIBIT G and SCHEDULE 6.29, there has been no pattern of defects in any product line in the design, construction, manufacturing or installation of any material product ("Product") made, manufactured, constructed, distributed, sold, leased or installed by the Company that would adversely affect the performance or quality of such Product. Each Product has been designed, manufactured, packaged and labelled in compliance with all regulatory, engineering, industrial and other codes applicable thereto and the Company has not received notice of any alleged noncompliance with any such code. The Company does not advertise any Product as being commercially rated. (b) The Company has not been required to file, and has not filed, a notification or other report with the United States Consumer Product Safety Commission concerning actual or potential hazards with respect to any Product manufactured or sold by the Company.
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Related to Defects in Products or Designs; Product Safety

  • SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other, data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the State or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4.12.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he / she has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he / she has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 4.12.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.7 of these General Conditions unless the Contractor has specifically informed the Architect and the State in writing of such deviation at the time of sub- mission and the Architect and the State has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect on previous submittals. 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Architect as provided in Subparagraph 2.2.7 of these General Conditions. All such portions of the Work shall be in accordance with approved submittals.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Supply of Materials The following materials will be supplied by the department Name of Materials Rate. Place of delivery 1.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

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