Product Defects. 2.1 If any of the Goods delivered by the Seller to the Buyer is defective, the Seller shall remedy said defect by repair or replacement. If said remedial action fails, then, subject to the provisions on damages in Article VII hereinbelow, the Buyer shall be entitled to any of the remedies provided for by law.
Product Defects. There is no defect in the design, source codes, production or manufacture of the software and/or other products currently manufactured or sold by the Company not correctable and normally encountered in the ordinary course of the Company's business which would or could reasonably be expected to adversely affect the safety, performance or quality of such products. There is no defect in the design, source codes, production or manufacture of the software and/or other products sold by the Company prior to the Closing Date not correctable and normally encountered in the ordinary course of the Company's business which would or could reasonably be expected to adversely affect the safety, performance or quality of such products. Except as set forth on Schedule 4.21, there are no warranties concerning the products sold by the Company either currently or prior to the Closing Date.
Product Defects. (a) Delivery of any Product by Genetronics to Ethicon shall constitute a certification by Genetronics that the Product conforms to the Specifications. Ethicon shall have 90 days after receipt of a shipment of Products to determine if the Product conforms to the Specifications and to accept or reject any of such Products which fail to conform to the Specifications. Any claims for failure to so conform ("Claims") shall be made by Ethicon in writing to Genetronics, indicating the nonconforming characteristics of the Product.
Product Defects. The Company has not received any notice or communication from any customer or HC alleging a defect or claim in respect of any products supplied or sold by the Company to a customer and, to the knowledge of the Company, there are no circumstances that would give rise to any reports, recalls, public disclosure, announcements or customer communications that are required to be made by the Company in respect of any products supplied or sold by the Company.
Product Defects. With respect to Licensed Products sold, leased --------------- or manufactured after the Effective Date, * * * will have * * * for determining that the designs of the Licensed Products and components * * * are manufactured in accordance with customary commercial standards.
Product Defects. (a) As between Licensor and Licensee, Licensee assumes all liability for defects or any type of product liability claim regarding the Licensed Products. In the event that a Customer of any Licensed Product manufactured or sold during the License Period, or any other third party, claims such Licensed Product to be defective or in breach of any warranty or otherwise raises a product liability claim with respect to the Licensed Product, Licensee shall assume all the obligations, liabilities, costs and expenses relating in any manner to such Licensed Product, including, without limitation, any claimed defect or breach of warranty or other product liability claim.
Product Defects. (a) Since January 1, 2019, all Products manufactured and sold by the Company or any of the Company’s Subsidiaries have been provided in conformity with the Company’s and the Company’s Subsidiaries’ applicable contractual commitments, warranties and specifications, except as would not have a Company Material Adverse Effect.
Product Defects. If a product is defective and a valid claim is made within the Warranty Period, at its option, USDD will either (1) repair the defective product at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product. Any replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for 90 days from the date of repair, whichever is later. When a product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Customer shall be responsible for and bear all risks and costs of shipping any products to USDD for repair. USDD shall be responsible for and bear all risks and costs of returning any product to Customer after repair or replacement. Replacement products will be returned to Customer configured as it was when the product was originally purchased, subject to applicable updates.
Product Defects. With respect to Licensed Products conceived, developed, manufactured or sold after the Effective Date, CryoCor will have full responsibility for determining that the designs of the Licensed Products and components made by or for CryoCor are manufactured in accordance with customary commercial standards.
Product Defects. (a) With respect to Seller or the Business, there are no (i) products which have been recalled, withdrawn or suspended (whether voluntarily or otherwise) since January 1, 1998, and (ii) proceedings which have been brought or which are pending against Seller or the Assets any time since January 1, 1998, (whether such proceedings have since been completed or remain pending) seeking the recall, withdrawal, suspension or seizure of any of its products or seeking to enjoin Seller or the Business from engaging in activities pertaining to its products.
