No Product Liabilities; Product Warranties Sample Clauses

No Product Liabilities; Product Warranties. (a) The Company has not, since January 1, 1995, incurred, nor does Seller or the Company know of or have any reason to believe there is any reasonable basis for alleging, any liability, damage, loss, cost or expense as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions or otherwise) ("Product Liability") with respect to any product sold or service rendered by the Company, whether such Product Liability is incurred by reason of any express or implied warranty (including, without limitation, any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other), any statutory provision or otherwise and irrespective of whether such Product Liability is covered by insurance. (b) Seller has furnished Purchaser with all forms of warranties or guarantees of products and services that are in effect or proposed to be used by the Company. There are no pending or, to the best knowledge of Seller and the Company, threatened claims against the Company under any warranty or guaranty. Schedule 6.22 lists all payments or settlements made in respect of any such warranty or guaranty since January 1, 1996, indicating the name of each customer, the amount of each payment and a brief description of the facts relating thereto.

No Product Liabilities; Product Warranties. The Company has not incurred, nor does the Company or the Principal know of or have any reason to believe there is any reasonable basis for alleging, any liability, damage, loss, cost or expense as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions or otherwise) ("PRODUCT LIABILITY") with respect to any product sold or service rendered by the Company, whether such Product Liability is incurred by reason of any express or implied warranty (including, without limitation, any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other), any statutory provision or otherwise and irrespective of whether such Product Liability is covered by insurance, subject only to the reserve for product warranty claims set forth in the Interim Balance Sheet as adjusted for the passage of time through the date hereof in accordance with the past custom and practice of the Company. No product sold, leased, or delivered by the Company is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease of such product.

No Product Liabilities; Product Warranties. (a). Except as has been or may be incurred in the ordinary course of business (consistent with past practice), Seller has not incurred, nor does Seller know of or have any reason to believe there is any basis for alleging, any liability, damage, loss, cost or expense as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions or otherwise) ("Product Liability") with respect to any product sold or service rendered by Seller, whether such Product Liability is incurred by reason of any express or implied warranty (including, without limitation, any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other), any statutory provision or otherwise and irrespective of whether such Product Liability is covered by insurance.

No Product Liabilities; Product Warranties. 24 Section 6.17. Suppliers and Customers ..................................... 25 Section 6.18. Availability of Documents ................................... 25 Section 6.19. Disclosure .................................................. 25 VII. REPRESENTATIONS AND WARRANTIES OF VOXWARE AND PURCHASER Section 7.1. Organization ................................................. 26 Section 7.2. Due Authorization; No-Conflict ............................... 26 Section 7.3. Brokers ...................................................... 27

No Product Liabilities; Product Warranties. (a) The Company has not incurred, and to the Knowledge of the Company there is no reason to believe there is any basis for alleging, any liability, damage, loss, cost or expense as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions or otherwise), other than warranty obligations incurred in the ordinary course of business ("PRODUCT LIABILITY"), with respect to any product sold or service rendered by the Company, whether such Product Liability is incurred by reason of any express or implied warranty (including, without limitation, any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other), any statutory provision or otherwise and irrespective of whether such Product Liability is covered by insurance, other than chargebacks incurred in the ordinary course of business and consistent with past practice and none of which have, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on the Company. (b) The Company has furnished Purchaser with the standard forms of purchase orders for its products and services that are in effect or proposed to be used by the Company, which forms contain all warranties and guarantees given by the Company to its customers with respect to their products and services, except for those warranties imposed by law. There are no pending or, to the Knowledge of the Company, threatened claims under any warranty or guaranty against the Company. No credits have been given in respect of any such warranty or guaranty (including without limitation any returns or allowances).

No Product Liabilities; Product Warranties. (a) EPI has not incurred, nor does EPI or any EPI Holder know of or have any reason to believe there is any reasonable basis for alleging, any liability, damage, loss, cost or expense as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions or otherwise) ("PRODUCT LIABILITY") with respect to any product sold or service rendered by EPI, whether such Product Liability is incurred by reason of any express or implied warranty (including, without limitation, any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other), any statutory provision or otherwise and irrespective of whether such Product Liability is covered by insurance, other than chargebacks and returns or allowances incurred in the ordinary course of business and consistent with past practice and none of which have, or would reasonably be expected to have a Material Adverse Effect. (b) EPI has furnished Equity with the standard forms of purchase orders and purchase contracts for its products and services that are in effect between EPI and its principal customers, which forms contain all warranties and guarantees given by EPI to customers with respect to products and services, except for those warranties imposed by law. There are no pending or, to the knowledge of EPI or any EPI Holder, threatened claims under any warranty or guaranty against EPI. The EPI Disclosure Schedule lists all payments or settlements made in respect of any such warranty or guaranty (including without limitation any returns or allowances) in excess of $10,000 since January 1, 1994, indicating in each case the name of each customer, the amount of each payment and a brief description of the facts relating thereto.

No Product Liabilities; Product Warranties. There is no pending or, to Sellers’ Knowledge, Threatened Proceeding alleging any material Liability of the Company as a result of any defect or other deficiency with respect to any product sold or distributed by the Company. Except as set forth on Schedule 4.24, no product manufactured or sold by the Company has been the subject of any material recall or similar action instituted by any Governmental Authority or undertaken by the Company on a voluntary basis.

No Product Liabilities; Product Warranties. (a) To Seller's best knowledge, except as set forth on Schedule 6.13 ------------- hereto, Seller has not incurred, nor does Seller know of or have any reason to believe there is any basis for alleging, any liability, damage, loss, cost or expense as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions or otherwise) ("Product Liability") with respect to any product sold or service rendered by Seller, whether such Product Liability is incurred by reason of any express or implied warranty (including, without limitation, any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other), any statutory provision or otherwise and irrespective of whether such Product Liability is covered by insurance. (b) Seller has furnished Purchaser with all forms of warranties or guarantees of Seller's products and services that are in effect or were used by Seller in the conduct of the Business. There are no pending or, to the knowledge of Seller, threatened claims under any warranty or guaranty against Seller.

No Product Liabilities; Product Warranties. 28 Section 6.23

No Product Liabilities; Product Warranties. (a) The Company and its subsidiaries have not, since January 1, 1995, incurred, nor does the Company know of or have any reason to believe there is any basis for alleging, any single "Product Liability Claim" which would cost the Company in excess of $10,000 (over and above any insurance payments made or to be made on behalf of the Company or its subsidiaries with respect to such Product Liability Claim) to satisfy or discharge. For the purposes of this Section 6.22(a), the term "Product Liability Claim" shall refer to any liability, damage, loss, cost or expense arising as a result of any defect or other deficiency, whether of design, materials, installation, workmanship, labeling, instructions or otherwise, with respect to any product sold or service rendered by the Company or any of its subsidiaries, whether such Product Liability Claim is incurred by reason of any express or, implied warranty (including, without limitation, any warranty of merchantability or fitness), any doctrine of common law (tort, contract or other) any statutory provision or otherwise. (b) Sellers have furnished Purchasers with all forms of warranties or guarantees of products and services that are in effect or proposed to be used by the Company and its subsidiaries. There are no pending or, to the Knowledge of the Company, threatened claims against the Company or any of its subsidiaries under any warranty or guaranty. The Disclosure Schedule lists all payments or settlements in excess of $10,000 which are not covered by insurance made in respect of any such warranty or guaranty since January 1, 1996, indicating the name of each customer, the amount of each payment and a brief description of the facts relating thereto.