Product and Service Warranties. To the Knowledge of the Company and the Warranting Stockholders, each product sold, leased or delivered, and each service performed, by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no Liability (and there is no Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against any of them giving rise to any Liability) for the replacement or repair of any product, the substandard performance of any service, or other damages in connection with the product sold or services provided by the Company, subject only to the reserve for product and service warranty claims set forth on the face of the Balance Sheet (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice of the Company. No product sold, leased or delivered, or service performed, by the Company is subject to any guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale, lease or performance. Schedule 3.27 includes copies of the standard terms and conditions of sale, lease or performance for the Company (containing applicable guaranty, warranty and indemnity provisions).
Appears in 1 contract
Product and Service Warranties. To the Knowledge of the Company and the Warranting Stockholders, each product sold, leased or delivered, and each service performed, by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no Liability (and there is no Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against any of them giving rise to any Liability) for the replacement or repair of any product, the substandard performance of any service, or other damages in connection with the product sold or services provided by the Company, subject only to the reserve for product and service warranty claims set forth on the face of the Balance Sheet (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice of the Company. No product sold, leased or delivered, or service performed, by the Company is subject to any guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale, lease or performance. Schedule 3.27 includes copies of the standard terms and conditions of sale, lease or performance for the Company (containing applicable guaranty, warranty and indemnity provisions).
Appears in 1 contract
Samples: Merger Agreement (Aim Group Inc)
Product and Service Warranties. To the best Knowledge of the Company and the Warranting Sole Stockholders, each product sold, leased or delivered, and each service performed, by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no Liability (and there is no Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against any of them giving rise to any Liability) for the replacement or repair of any product, the substandard performance of any service, or other damages in connection with the product sold or services provided by the Company, subject only to the reserve for product and service warranty claims set forth on the face of the Balance Sheet (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice of the Company. No product sold, leased or delivered, or service performed, by the Company is subject to any guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale, lease or performance. Schedule SCHEDULE 3.27 includes copies of the standard terms and conditions of sale, lease or performance for the Company (containing applicable guaranty, warranty and indemnity provisions).
Appears in 1 contract
Product and Service Warranties. To the best Knowledge of the Company and the Warranting StockholdersSole Stockholder, each product sold, leased or delivered, and each service performed, by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no Liability (and there is no Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against any of them giving rise to any Liability) for the replacement or repair of any product, the substandard performance of any service, or other damages in connection with the product sold or services provided by the Company, subject only to the reserve for product and service warranty claims set forth on the face of the Balance Sheet (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice of the Company. No product sold, leased or delivered, or service performed, by the Company is subject to any guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale, lease or performance. Schedule SCHEDULE 3.27 includes copies of the standard terms and conditions of sale, lease or performance for the Company (containing applicable guaranty, warranty and indemnity provisions).
Appears in 1 contract
Samples: Merger Agreement (Aim Group Inc)
Product and Service Warranties. To the Knowledge of the Company and the Warranting StockholdersExcept as set forth on SCHEDULE 3.29, *** each product sold, leased or delivered, and each service performed, by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no *** Liability (and there is no Basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against any of them giving rise to any *** Liability) for the replacement or repair of any product, the substandard performance of any service, or other damages in connection with the product products sold or services provided by the Company, subject only to the reserve for product and service warranty claims set forth on the face of the Balance Sheet (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date Effective Time in accordance with the past custom and practice of the Company. No product sold, leased or delivered, or service performed, performed by the Company is subject to any guaranty, warranty or other indemnity beyond the applicable standard terms and conditions of sale, lease or performance. Schedule 3.27 SCHEDULE 3.29 includes copies of the standard terms and conditions of sale, lease or performance for each of the Company (containing applicable guaranty, warranty and indemnity provisions).
Appears in 1 contract
Samples: Merger Agreement (Daou Systems Inc)