Common use of Product Liabilities and Warranties Clause in Contracts

Product Liabilities and Warranties. (i) Except as set forth in Section 4(y)(i) of the Disclosure Letter, within the past three (3) years, neither the Company nor any of its Subsidiaries has received written notice of any unresolved claim of personal injury, death, or property or economic damages, or for injunctive relief, in each case 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 the Company or any of its Subsidiaries, other than claims made under or pursuant to contractual product or service warranties. No Governmental Entity has alleged in writing within the past three (3) years that any product designed, manufactured, sold, leased, licensed or delivered by the Company or any of its Subsidiaries is defective or unsafe or fails to meet any product warranty or standards promulgated by any such Governmental Entity. No product designed, manufactured, sold, leased, licensed or delivered by the Company or any of its Subsidiaries has been recalled, and neither the Company nor any of its Subsidiaries has received any written notice of recall of any such product from any Governmental Entity. (ii) Section 4(y)(ii) of the Disclosure Letter sets forth the form warranty terms applicable to the products manufactured, sole, leased, licensed or delivered by the Company and its Subsidiaries (it being understood and acknowledged that the Company and its Subsidiaries have deviated from such form warranty terms with respect to certain products, services and customers).

Product Liabilities and Warranties. (ia) Except as set forth in Section 4(y)(i) disclosed by Seller, Outside the Ordinary Course of the Disclosure LetterBusiness, within the past three (3) years, neither the Company nor has not incurred any of its Subsidiaries has received written notice of any unresolved claim of personal injury, death, or property or economic damages, or for injunctive relief, in each case 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 licensed, or delivered, or any service provided, provided by the Company, whether such Loss is incurred by reason of any express or implied warranty (including any warranty of merchantability or fitness), any doctrine of common law (tort, contract, or other), any other Legal Requirement, or otherwise. Notwithstanding the foregoing, the Company or any regularly provides a deduction in pricing to take into consideration defective products and regularly addresses defective product issues in the Ordinary Course of its Subsidiaries, other than claims made under or pursuant to contractual product or service warrantiesBusiness. No Governmental Entity Body has alleged in writing within the past three (3) years that any product designed, manufactured, sold, leased, licensed licensed, or delivered by the Company or any of its Subsidiaries is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental EntityBody. No product designed, manufactured, sold, leased, licensed licensed, or delivered by the Company or any of its Subsidiaries has been recalled, and neither the Company nor any of its Subsidiaries has not received any written notice of recall (written or oral) of any such product from any Governmental EntityBody. No event has occurred or circumstance exists that (with or without notice or lapse of time) could result in any such liability or recall. (iib) Section 4(y)(ii) Except as disclosed by Seller or as otherwise reflected in the Contracts, the Company has not given to any Person any product or service guaranty or warranty, right of the Disclosure Letter sets forth the form warranty terms applicable return, or other indemnity relating to the products manufactured, solesold, leased, licensed licensed, or delivered delivered, or services performed, by the Company and its Subsidiaries (it being understood and acknowledged that the Company and its Subsidiaries have deviated from such form warranty terms with respect to certain products, services and customers)Company.

Product Liabilities and Warranties. (ia) Except as set forth in Section 4(y)(i) of Part 3.27(a), since the Disclosure Letter, within the past three (3) years, neither the Balance Sheet Date no Acquired Company nor has incurred any of its Subsidiaries has received written notice of any unresolved claim of personal injury, death, or property or economic damages, or for injunctive relief, in each case 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 licensed, or delivered, or any service providedprovided by any Acquired Company, whether such Loss is incurred by the Company reason of any express or implied warranty (including any warranty of its Subsidiariesmerchantability or fitness), any doctrine of common law (tort, contract, or other), any other than claims made under Legal Requirement, or pursuant to contractual product or service warrantiesotherwise. No Since December 31, 2007, no Governmental Entity Body has alleged in writing within the past three (3) years that any product designed, manufactured, sold, leased, licensed licensed, or delivered by the any Acquired Company or any of its Subsidiaries is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental EntityBody. No Since December 31, 2007, no product designed, manufactured, sold, leased, licensed licensed, or delivered by the any Acquired Company or any of its Subsidiaries has been recalled, and neither the no Acquired Company nor any of its Subsidiaries has received any written notice of recall (written or oral) of any such product from any Governmental EntityBody. To the Knowledge of Sellers, no event has occurred or circumstance exists that (with or without notice or lapse of time) could result in any such liability or recall. (iib) Section 4(y)(ii) Except as set forth in Part 3.27(b), no Acquired Company has given to any Person any product or service guaranty or warranty, right of the Disclosure Letter sets forth the form warranty terms applicable return, or other indemnity relating to the products manufactured, solesold, leased, licensed licensed, or delivered delivered, or services performed, by the Company and its Subsidiaries (it being understood and acknowledged that the Company and its Subsidiaries have deviated from such form warranty terms with respect to certain products, services and customers)any Acquired Company.

Product Liabilities and Warranties. (ia) Except as set forth in Section 4(y)(iPart 3.26(a) of the Disclosure Letter, within the past three (3) years, neither the Company nor has not incurred any of its Subsidiaries has received written notice of any unresolved claim of personal injury, death, or property or economic damages, or for injunctive relief, in each case 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 licensed, or delivered, or any service providedprovided by Company, whether such Loss is incurred by the Company reason of any express or implied warranty (including any warranty of its Subsidiariesmerchantability or fitness), any doctrine of common law (tort, contract, or other), any other than claims made under Legal Requirement, or pursuant to contractual product or service warrantiesotherwise. No Governmental Entity Body has alleged in writing within the past three (3) years that any product designed, manufactured, sold, leased, licensed licensed, or delivered by the Company or any of its Subsidiaries is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental EntityBody. No product designed, manufactured, sold, leased, licensed licensed, or delivered by the Company or any of its Subsidiaries has been recalled, and neither the Company nor any of its Subsidiaries has not received any written notice of recall (written or oral) of any such product from any Governmental EntityBody. No event has occurred or circumstance exists that (with or without notice or lapse of time) could result in any such liability or recall. (iib) Section 4(y)(iiExcept as set forth in Part 3.26(b) of the Disclosure Letter sets forth the form warranty terms applicable Letter, Company has not given to any Person any product or service guaranty or warranty, right of return, or other indemnity relating to the products manufactured, solesold, leased, licensed licensed, or delivered delivered, or services performed, by the Company. Company has legally excluded liability for all special, incidental, punitive, and its Subsidiaries (it being understood and acknowledged that the consequential damages to any customer, dealer, or distributor of Company and its Subsidiaries have deviated from or customer of any such form warranty terms with respect to certain products, services and customers)dealer or distributor.