Common use of Product Liabilities and Warranties Clause in Contracts

Product Liabilities and Warranties. (a) Except as set forth in Schedule 4.24(a) and except for normal warranty claims and return allowances incurred in the Ordinary Course of Business and consistent with prior experience, no Amtrol Company has, since January 1, 2013, incurred any Liabilities in excess of $250,000 in the aggregate as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions, or otherwise) with respect to any product designed, manufactured, sold, leased, licensed or delivered, or any service provided by such Amtrol Company, whether such Liability was incurred by reason of any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, or other), or any other Law. Since January 1, 2013, no Governmental Body has alleged that any product designed, manufactured, sold, leased, licensed or delivered by any Amtrol Company is defective or unsafe or fails to meet any product warranty or any other standards promulgated by such Governmental Body. No product designed, manufactured, sold, leased, licensed or delivered by any Amtrol Company has been recalled and, to the Knowledge of the Company, there is no defect or other state of affairs with respect to any such product which would be reasonably expected to result in any such recall. The products designed, manufactured, sold, leased, licensed or delivered by the Amtrol Companies do not have any defects or other deficiencies (whether of design, materials, workmanship, labeling, instructions, or otherwise) that would reasonably be expected to result in a number of warranty claims to the Amtrol Companies that is inconsistent with the Amtrol Companies’ prior warranty claim experience with respect to such products, under any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, or other) or any other Law. (b) Except as set forth in Schedule 4.24(b), since January 1, 2016, no Amtrol Company has given to any Person any product or service guaranty or warranty, right of return or other indemnity relating to the products manufactured, sold, leased, licensed or delivered, or services performed, by such Amtrol Company, that in any such case is materially more favorable to such Person than that provided in the standard terms and conditions of such Amtrol Company.

Product Liabilities and Warranties. (a) All sales by the Business to unaffiliated third parties are made by Seller. No Acquired Company or Associated Company sells any products or services of the Business to an unaffiliated third party. Except as set forth in Schedule 4.24(a) and except for normal warranty claims and return allowances incurred in the Ordinary Course of Business and consistent with prior experience3.27(a), no Amtrol Company has, since January 1, 2013, Seller has not incurred any Liabilities in excess of $250,000 in the aggregate Loss as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions, instructions or otherwise) with respect to any product designed, manufactured, sold, leased, licensed or delivered, delivered or any service provided by such Amtrol Companythe Business, whether such Liability was Loss is incurred by reason of any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, contract or other), or any other LawLegal Requirement or otherwise. Since January 1, 2013, no No Governmental Body or other Person has alleged that any product designed, manufactured, sold, leased, licensed or delivered or services provided by the Business (or any Amtrol Company product containing any such product or service) is defective or unsafe or fails to meet any product warranty or any other standards promulgated by such a Governmental Body. No product designed, manufactured, sold, leased, licensed or delivered by the Business (or any Amtrol Company has been recalled and, to the Knowledge of the Company, there is no defect or other state of affairs with respect to product containing any such product which would be reasonably expected or service) has been recalled, and neither Seller nor any Acquired Company has received any notice of recall (written or oral) of any such product from any customer, supplier, Governmental Body or other Person. No event has occurred or circumstance exists that (with or without notice or lapse of time) is likely to result in any such liability or recall. The products designed, manufactured, sold, leased, licensed or delivered by the Amtrol Companies do not have any defects or other deficiencies (whether of design, materials, workmanship, labeling, instructions, or otherwise) that would reasonably be expected to result in a number of warranty claims to the Amtrol Companies that is inconsistent with the Amtrol Companies’ prior warranty claim experience with respect to such products, under any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, or other) or any other Law. (b) Except as set forth in Schedule 4.24(b3.27(b), since January 1, 2016, no Amtrol Company Seller has not given to any Person any product or service guaranty or warranty, right of return or other indemnity relating to the products designed, manufactured, sold, leased, licensed or delivered, delivered or services performedperformed by the Business. Seller has legally excluded liability for all special, by such Amtrol Companyincidental, that in punitive and consequential damages to any customer, dealer or distributor of the Business or any customer of any such case is materially more favorable to such Person than that provided in the standard terms and conditions of such Amtrol Companydealer or distributor.

Product Liabilities and Warranties. (a) Except as set forth in Schedule 4.24(a) and except for normal warranty claims and return allowances incurred in the Ordinary Course of Business and consistent with prior experience3.22(a), no Amtrol Acquired Company has, since January 1, 2013, has incurred any Liabilities in excess of $250,000 in the aggregate Loss as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions, or otherwise) with respect to any product designed, manufactured, sold, leased, licensed licensed, or delivered, or any service provided by such Amtrol any Acquired Company, whether such Liability was Loss is incurred by reason of any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, or other), or any other LawLegal Requirement, or otherwise. Since January 1, 2013, no No Governmental Body has alleged that any product designed, manufactured, sold, leased, licensed licensed, or delivered by any Amtrol Acquired Company is defective or unsafe or fails to meet any product warranty or any other standards promulgated by any such Governmental Body. No product designed, manufactured, sold, leased, licensed licensed, or delivered by any Amtrol Acquired Company has been recalled andrecalled, to the Knowledge and no Acquired Company has received any notice of the Company, there is no defect recall (written or other state oral) of affairs with respect to any such product which would be reasonably expected to from any Governmental Body. No event has occurred or circumstance exists that (with or without notice or lapse of time) could result in any such liability or recall. The products designed, manufactured, sold, leased, licensed or delivered by the Amtrol Companies do not have any defects or other deficiencies (whether of design, materials, workmanship, labeling, instructions, or otherwise) that would reasonably be expected to result in a number of warranty claims to the Amtrol Companies that is inconsistent with the Amtrol Companies’ prior warranty claim experience with respect to such products, under any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, or other) or any other Law. (b) Except as set forth in Schedule 4.24(b3.22(b), since January 1, 2016, no Amtrol Acquired Company has given to any Person any product or service guaranty or warranty, right of return return, or other indemnity relating to the products manufactured, sold, leased, licensed licensed, or delivered, or services performed, by such Amtrol any Acquired Company. Each Acquired Company has legally excluded liability for all special, that in incidental, punitive, and consequential damages to any customer, dealer, or distributor of any Acquired Company or customer of any such case is materially more favorable to such Person than that provided in the standard terms and conditions of such Amtrol Companydealer or distributor.

Product Liabilities and Warranties. (a) Except as set forth in Schedule 4.24(a) and except for normal warranty claims and return allowances incurred in the Ordinary Course of Business and consistent with prior experience3.27(a), no Amtrol Acquired Company has, since January 1, 2013, has incurred any Liabilities in excess of $250,000 in the aggregate Loss as a result of any defect or other deficiency (whether of design, materials, workmanship, labeling, instructions, or otherwise) with respect to any product designed, manufactured, sold, leased, licensed licensed, or delivered, or any service provided by such Amtrol any Acquired Company, whether such Liability was Loss is incurred by reason of any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, or other), or any other LawLegal Requirement, or otherwise. Since January 1, 2013, no No Governmental Body has alleged that any product designed, manufactured, sold, leased, licensed licensed, or delivered by any Amtrol Acquired Company is defective or unsafe or fails to meet any product warranty or any other standards promulgated by any such Governmental Body. No product designed, manufactured, sold, leased, licensed licensed, or delivered by any Amtrol Acquired Company has been recalled andrecalled, to the Knowledge and no Acquired Company has received any notice of the Company, there is no defect recall (written or other state oral) of affairs with respect to any such product which would be reasonably expected to from any Governmental Body. No event has occurred or circumstance exists that (with or without notice or lapse of time) could result in any such liability or recall. The products designed, manufactured, sold, leased, licensed or delivered by the Amtrol Companies do not have any defects or other deficiencies (whether of design, materials, workmanship, labeling, instructions, or otherwise) that would reasonably be expected to result in a number of warranty claims to the Amtrol Companies that is inconsistent with the Amtrol Companies’ prior warranty claim experience with respect to such products, under any express or implied warranty (including any warranty of merchantability or fitness), any Contract, any doctrine of common law (tort, contract, or other) or any other Law. (b) Except as set forth in Schedule 4.24(b3.27(b), since January 1, 2016, no Amtrol Acquired Company has given to any Person any product or service guaranty or warranty, right of return return, or other indemnity relating to the products manufactured, sold, leased, licensed licensed, or delivered, or services performed, by such Amtrol any Acquired Company. Each Acquired Company has legally excluded liability for all special, that in incidental, punitive, and consequential damages to any customer, dealer, or distributor of any Acquired Company or customer of any such case is materially more favorable to such Person than that provided in the standard terms and conditions of such Amtrol Companydealer or distributor.