Product Liabilities and Warranties. (a) To the Sellers’ Knowledge, there are no material design or manufacturing defects in any of the products of the Business that were manufactured and sold prior to the Closing for which there could be a recall or widespread customer claims. No Governmental Entity has alleged in writing to any Acquired Company that any product designed, manufactured, sold, leased, licensed, or delivered by any Acquired Company is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental Entity. Except as set forth on Schedule 2.26(a), no product designed, manufactured, sold, leased, licensed, or delivered by any Acquired Company has been recalled, and no Acquired Company has received any notice of recall (written or oral) of any such product from any Governmental Entity. (b) The Sellers have made available to Buyer the standard terms and conditions of sale of the Acquired Companies. Except as set forth on Schedule 2.26(b) or as set forth in any Material Contract, no Acquired 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 any Acquired Company different from the standard terms and conditions made available to Buyer.
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Product Liabilities and Warranties. (a) To the Sellers’ Knowledge, there are no material design or manufacturing defects in any of the products of the Business that were manufactured and sold prior to the Closing for which there could be a recall or widespread customer claims. No Governmental Entity has alleged in writing to any Acquired Company that any Each product designed, manufactured, sold, leased, licensed, provided or delivered by any Acquired Company is defective or unsafe or fails to meet any product warranty or any standards promulgated a Cobalt Company, and each service provided by any such Governmental Entity. Except as set forth on Schedule 2.26(a)a Cobalt Company, no product has been designed, manufactured, sold, leased, licensedprovided or delivered, as applicable, in conformity in all material respects with the specifications for such product or service, as applicable, and applicable contractual commitments, Laws and warranties. There are no material defects in any such product or service, and in the past six years (i) there have been no product recalls, post-sale notices or warnings or similar matters, or delivered by obligations thereof, with respect to any Acquired such product or service, and to the knowledge of the Company there is no reasonable basis for any of the foregoing, and (ii) no Cobalt Company has been recalledrequired to file, and no Acquired Company or has received filed, any notice of recall (written notification or oral) of other report with or provide information to any Governmental Authority or product safety standards group concerning actual or potential defects or other hazards with respect to any such product from or service, and, to the knowledge of the Company, there is no reasonable basis for any Governmental Entity.
of the foregoing. (b) The Sellers have made available Schedule 3.16(b) sets forth a true, correct and complete list of (i) all boats sold by the Company for which the aggregate of all paid warranty claims in the past three years exceeded $10,000, as well as the aggregate of all such claims per boat, and (ii) all boats repurchased by the Company in the past three years due to Buyer warranty issues or other claims or disputes as well as the standard terms customer, issue, cost incurred to date, and conditions of sale of the Acquired Companiesstatus. Except as set forth on Schedule 2.26(b) 3.16(b), there are and within the past three years were no other warranty claims or as set forth disputes against or involving a Cobalt Company or any other material claims or disputes against or involving a Cobalt Company, in any Material Contractcase, no Acquired Company has given with respect to any Person any product or service guaranty or warrantydesigned, right of return, or other indemnity relating to the products manufactured, sold, leasedleased or delivered by a Cobalt Company (excluding warranty claims by retail customers with respect to a particular boat so long as the aggregate of all paid warranty claims with respect to such boat are less than (in the aggregate) $10,000 (such excluded claims, licensed, or delivered, or services performed, by any Acquired Company different from the standard terms and conditions made available to Buyer“Excluded Warranty Claims”)).
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Samples: Unit Purchase Agreement
Product Liabilities and Warranties. (a) To Except as set forth on Schedule 3.16(a), each product designed, manufactured, sold, leased, provided or delivered by the Sellers’ KnowledgeCompany, and each service provided by the Company, has been designed, manufactured, sold, leased, provided or delivered, as applicable, in conformity in all material respects with the specifications for such product or service, as applicable, and applicable contractual commitments, Laws and warranties. Except as set forth on Schedule 3.16(a), there are no material design or manufacturing defects in any such product or service. In the past six years (i) there have been no product recalls, post-sale notices or warnings or similar matters, or obligations thereof, with respect to any such product or service (and, to the knowledge of the products Company, there is no reasonable basis for any of the Business that were manufactured foregoing) and sold prior (ii) the Company has not been required to file, and has not filed, any notification or other report with or provide information to any Governmental Authority or product safety standards group concerning actual or potential defects or other hazards with respect to any such product or service (and, to the Closing knowledge of the Company, there is no reasonable basis for any of the foregoing).
(b) Schedule 3.16(b) sets forth a true, correct and complete list of (i) all boats sold by the Company for which the aggregate of all paid warranty claims in the past three years exceeded $15,000, as well as the aggregate of all such claims per boat, and (ii) all boats repurchased by the Company in the past three years due to warranty issues or other claims or disputes as well as the customer, issue, cost incurred to date, and status. Except as set forth on Schedule 3.16(b), there could be are and within the past three years were no other warranty claims or disputes against or involving the Company or any other material claims or disputes against or involving the Company, in any case, with respect to any product or service designed, manufactured, sold, leased or delivered by the Company (excluding warranty claims by retail customers with respect to a recall or widespread customer particular boat so long as the aggregate of all paid warranty claims with respect to such boat are less than (in the aggregate) $15,000 (such excluded claims. No , "Excluded Warranty Claims")).
(c) Within the past five years, no Governmental Entity Authority has alleged in writing to any Acquired Company that any product designed, manufactured, sold, leased, licensed, or delivered leased by any Acquired the Company is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental EntityAuthority that has not been adequately remedied.
(d) Schedule 3.16(d) sets forth the standard forms of warranties used by the Company. Except as set forth on in Schedule 2.26(a3.16(d) or required by applicable Law (including warranties implied by Law if, and only to the extent that, applicable Law prohibits the waiver thereof), no product designed, manufactured, sold, leased, licensed, or delivered by any Acquired the Company has been recalled, and no Acquired Company has received any notice of recall (written or oral) of any such product from any Governmental Entity.
(b) The Sellers have made available to Buyer the standard terms and conditions of sale of the Acquired Companies. Except as set forth on Schedule 2.26(b) or as set forth in any Material Contract, no Acquired Company has not given to any Person any product or service guaranty or warranty, right of return, or other indemnity or remedy relating to the products designed, manufactured, sold, leased, licensed, provided or delivered, delivered by the Company or the services provided by the Company. The Company does not have any Liability with respect to products or services performed, of the Company except as set forth in such standard forms of warranties or required by any Acquired Company different from the standard terms and conditions made available to Buyerapplicable Law (including warranties implied by Law).
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Product Liabilities and Warranties. (a) To Each product designed, manufactured, sold, leased, provided or delivered by a Cobalt Company, and each service provided by a Cobalt Company, has been designed, manufactured, sold, leased, provided or delivered, as applicable, in conformity in all material respects with the Sellers’ Knowledgespecifications for such product or service, as applicable, and applicable contractual commitments, Laws and warranties. There are no material defects in any such product or service, and in the past six years (i) there have been no product recalls, post-sale notices or warnings or similar matters, or obligations thereof, with respect to any such product or service, and to the knowledge of the Company there is no reasonable basis for any of the foregoing, and (ii) no Cobalt Company has been required to file, or has filed, any notification or other report with or provide information to any Governmental Authority or product safety standards group concerning actual or potential defects or other hazards with respect to any such product or service, and, to the knowledge of the Company, there is no reasonable basis for any of the foregoing.
(b) Schedule 3.16(b) sets forth a true, correct and complete list of (i) all boats sold by the Company for which the aggregate of all paid warranty claims in the past three years exceeded $10,000, as well as the aggregate of all such claims per boat, and (ii) all boats repurchased by the Company in the past three years due to warranty issues or other claims or disputes as well as the customer, issue, cost incurred to date, and status. Except as set forth on Schedule 3.16(b), there are and within the past three years were no other warranty claims or disputes against or involving a Cobalt Company or any other material design claims or manufacturing defects disputes against or involving a Cobalt Company, in any case, with respect to any product or service designed, manufactured, sold, leased or delivered by a Cobalt Company (excluding warranty claims by retail customers with respect to a particular boat so long as the aggregate of all paid warranty claims with respect to such boat are less than (in the products of aggregate) $10,000 (such excluded claims, “Excluded Warranty Claims”)).
(c) Within the Business that were manufactured and sold prior to the Closing for which there could be a recall or widespread customer claims. No past five years, no Governmental Entity Authority has alleged in writing to any Acquired Company that any product designed, manufactured, sold, leased, licensed, or delivered leased by any Acquired Cobalt Company is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental Entity. Except as set forth on Schedule 2.26(a), no product designed, manufactured, sold, leased, licensed, or delivered by any Acquired Company Authority that has not been recalled, and no Acquired Company has received any notice of recall (written or oral) of any such product from any Governmental Entityadequately remedied.
(bd) The Sellers have made available to Buyer Schedule 3.16(d) sets forth the standard terms and conditions forms of sale of warranties used by the Acquired Cobalt Companies. Except as set forth on in Schedule 2.26(b3.16(d) or as set forth in any Material Contractrequired by applicable Law (including warranties implied by Law if, and only to the extent that, applicable Law prohibits the waiver thereof), no Acquired Cobalt Company has given to any Person any product or service guaranty or warranty, right of return, or other indemnity or remedy relating to the products designed, manufactured, sold, leased, licensed, provided or delivered, delivered by any Cobalt Company or the services provided by any Cobalt Company. No Cobalt Company has any Liability with respect to products or services performedof the Cobalt Companies except as set forth in such standard forms of warranties or required by applicable Law (including warranties implied by Law if, by any Acquired Company different from and only to the standard terms and conditions made available to Buyerextent that, applicable Law prohibits the waiver thereof).
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