Product Liability and Product Warranty. Schedule 4.26 hereto contains a true and complete description of (i) all warranties granted or made with respect to products sold, or services rendered, by the Company and (ii) the Company's product liability and product warranty experience for the last three years. The Company has not suffered any product liability or product warranty claims which have had or may have a Material Adverse Effect.
Product Liability and Product Warranty. SCHEDULE 4.26 hereto contains a true and complete description of (i) all written warranties granted or made with respect to products sold, or services rendered, by the Company and (ii) the Company's product liability and product warranty experience for the last three years. The Company has not suffered any product liability or product warranty claims which have had a Material Adverse Effect.
Product Liability and Product Warranty. There are no and have -------------------------------------- never been any warranties granted or made with respect to products sold, or services rendered, by the Company or any Subsidiary.
Product Liability and Product Warranty. Schedule 6.26 contains a true and complete description of (i) all warranties granted or made with respect to products sold, or services rendered, by the Company Representor; and (ii) the Company Representor’s product liability and product warranty experience since its organization. Except as set forth in Schedule 6.26, the Company Representor has not suffered any product liability or product warranty claims. To the Knowledge of the Company Representor, the Company Representor has not distributed, supplied or sold products which are or are likely to become or are alleged to be faulty, defective or which do not comply with any representations or warranties expressly or impliedly made by the Company Representor. The Company Representor has or has had, during the last three (3) years before the Closing Date, any liability, whether based on strict liability, negligence, breach of warranty (express or implied), breach of contract or otherwise, in respect of any product, component or other item manufactured, sold, designed or produced prior to the Closing, or services rendered prior to the Closing, and to the Company Representor’s Knowledge, there is no basis for any present or future Actions against the Company Representor giving rise to any such liability, including any liability arising out of any injury to individuals or property as a result of the ownership, possession or use of any products manufactured, sold or delivered by the Company Representor, nor is there any basis for present or future recall of any such products.
Product Liability and Product Warranty. (a) There has not been, nor, to the knowledge of the Company, is there under consideration, any claim alleging that any product machined, fabricated, distributed, marketed or sold by the Company or any of the Retained Subsidiaries does not comply with customer specifications other than, in each case, for any such claim as has not resulted in, and would not reasonably be expected to result in material liability to the Company or any of the Retained Subsidiaries. Neither the Company nor any of the Retained Subsidiaries has offered any express warranty outside of the ordinary course of business in respect of any such products other than as set forth in the Material Contracts. The Company and the Retained Subsidiaries have maintained all third-party accreditations and certifications necessary to satisfy the specifications of all customers.
(b) During the last three (3) years, none of the Company or any of the Retained Subsidiaries has received written notice as to any claim or allegation of, and none of Company or any of the Retained Subsidiaries has been a party or subject to any Proceeding or order relating to, bodily or personal injury, death or property or economic damages, any claim for punitive, exemplary or consequential damages, or any claim for injunctive relief in connection with any product manufactured, sold or distributed by, or in connection with any service provided by, or based on any error or omission or negligent act in the performance of services by, the Company, the Retained Subsidiaries or any of their respective employees.
(c) Each product machined, fabricated, distributed, marketed or sold by the Company or any of the Retained Subsidiaries (i) is and has been in compliance in all material respects with all applicable Legal Requirements, including the Federal Food, Drug and Cosmetic Act, the Medical Device Amendments, Current Good Manufacturing Practices, the Quality System Regulations, and similar Legal Requirements in any foreign jurisdiction where the products are distributed or sold and (ii) conforms in all material respects to any promises or affirmations of fact made on the container or label for such product or by customer product specifications.
(d) Except as set forth on Section 4.24(d) of the Company Disclosure Letter, neither the Company nor any of the Retained Subsidiaries has, either voluntarily or involuntarily, initiated, conducted or issued any material recall, field notifications, field corrections, market withdrawal or r...
Product Liability and Product Warranty. Schedule 4.28 contains a true and complete description of (a) all warranties granted or made with respect to products sold, or services rendered, by Seller, (b) Seller’s product liability and product warranty experience for the last three years, and (c) all past, current and pending product recalls with respect to products sold by Seller. Seller has not suffered any product liability or product warranty claims or product recalls which have had or may reasonably be expected to have a Material Adverse Effect. Except as set forth on Schedule 4.28, Seller has received no written or, to Seller’s knowledge, other notice of a claim against Seller, whether or not fully covered by insurance, for product liability or liability on account of any express or implied warranty.
Product Liability and Product Warranty. (i) No product liability claims are pending against Next Metrology.
(ii) Next Metrology has not received any order from any governmental authority to recall any of the products manufactured and delivered. No event has occurred or circumstance exists that (with or without notice or lapse of time) could result in any such liability or recall. Annex 17(ii) sets forth all product liability claims of Next Metrology settled during the past two (2) years.
(iii) Attached as Annex 17(iii) is a copy of the form of each product warranty issued by Next Metrology that is still in effect. Each product manufactured, repaired, sold, leased, or delivered by Next Metrology has been in conformity with all applicable contractual commitments and all express and implied warranties, and Next Metrology has no liability (and, to the best of Seller’s knowledge, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against it giving rise to any liability) for replacement or repair thereof or other damages in connection therewith. No product manufactured, repaired, sold, leased, or delivered by Next Metrology is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease.
Product Liability and Product Warranty. Schedule 7.27 contains a true and complete description of (i) all warranties granted or made with respect to products sold, or services rendered, by the Company; and (ii) the Company’s product liability and product warranty experience for the last three (3) years. Except as set forth in Schedule 7.27, the Company has not suffered any product liability or product warranty claims. To the Knowledge of the Company, the Company has not distributed, supplied or sold products which are or alleged to be faulty, defective or which do not comply with any representations or warranties expressly or impliedly made by the Company. The Company has or has had, during the last three years before the Closing Date, no liability, whether based on strict liability, negligence, breach of warranty (express or implied), breach of contract or otherwise, in respect of any product, component or other item manufactured, sold, designed or produced prior to the Closing, or services rendered prior to the Closing.
Product Liability and Product Warranty. (a) Except as set forth in Section 2.20(a) of the Disclosure Schedule, no member of the Dresser-Rand Group has received written notice of any material pending claim against such member of the Dresser-Rand Group or any predecessor thereof, or involving the Business concerning personal injury or property damage (other than damage to the Products) arising from an alleged defect in design, manufacture, materials or workmanship, an alleged failure to exercise reasonable care in repair, service or maintenance, an alleged failure to warn, an alleged failure to provide adequate warnings or an alleged noncompliance with applicable Laws, in each case in respect of any Products (as defined below) shipped prior to the Closing Date. As used in this Agreement, "Products" means any and all products shipped by any member of the Dresser-Rand Group or any predecessor thereof.
Product Liability and Product Warranty. Except as set forth in Schedule 3.26 of the Disclosure Schedules, none of the Company or its Subsidiaries has incurred any material liability, Loss or expense 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 any of the Company or its Subsidiaries, whether such liability, Loss or expense was 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), or otherwise. No Governmental Authority has alleged in writing or orally that any product designed, manufactured, sold, leased, licensed or delivered by any of the Company or its Subsidiaries is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental Authority. No product designed, manufactured, sold, leased, licensed or delivered by any of the Company or its Subsidiaries has been recalled, and none of the Company or any of its Subsidiaries has been recalled, and none of the Company or any of its Subsidiaries has received any notice of recall (written or oral) of any such product from any Governmental Authority.
