Product Liability; Warranty. Except as set forth in Section 3.13 of the Disclosure Schedule, each Product that has been sold, licensed or distributed by any of the Company or Seller Subsidiary to any Person conformed and complied in all material respects with the terms and requirements of any applicable warranty, applicable Product data sheet or specification, applicable customer specification or other Contract, subject to product returns not exceeding the STB Business’ historical warranty reserves, and with all applicable Laws; and was free of any design defects or other defects or deficiencies at the time of sale.
Product Liability; Warranty. There are no pending or, to Seller’s Knowledge, threatened product liability, recall, warranty or other similar claims by any Third Party against Seller (whether based in contract or tort and whether relating to personal injury, including death, property damage or economic loss) arising from the sale or use of Product.
Product Liability; Warranty. Except as set forth on Schedule 3.39, to the Knowledge of PSI there has not been in the past five (5) years any material action, suit or recall relating to any product formulated, developed, manufactured, licensed, packaged, delivered or sold or services provided by PSI or Phoenix. True and correct copies of the standard terms and conditions of sale, including, without limitation, any discounts or other concessions provided to customers, presently utilized by PSI or Phoenix (containing applicable guaranty, warranty, and indemnity provisions) have been made available to IVAX or its representatives.
Product Liability; Warranty. No Seller Party nor any other Person has agreed to become or otherwise be responsible for consequential damages or, except as disclosed in Schedule 3.25, made any express warranties to third parties with respect to any products created, manufactured, sold, distributed or licensed, or any services rendered, by any Seller Party since December 31, 2015. There are no design, manufacturing or other defects, latent or otherwise, with respect to any such products. A copy of each standard warranty of each Seller Party is included in Schedule 3.25. No Seller Party has modified or expanded its warranty obligation to any customer beyond that set forth in such standard warranties. Except as disclosed in Schedule 3.25, there are no and since December 31, 2015 there have not been any material disputes or controversies involving any customer, distributor, supplier or any other Person regarding the quality, merchantability or safety of or defect in, or involving a claim of breach of warranty which has not been fully resolved with respect to, or involving a claim for product liability damages (including damages resulting from pollution) directly or indirectly cause by, any product purchased, manufactured or sold by any Seller Party.
Product Liability; Warranty. Except as set forth in Section 3.9 of the Disclosure Schedule, each Product that has been sold, licensed or distributed by any of the Company or a Subsidiary to any Person conformed and complied in all material respects with the terms and requirements of any applicable warranty, applicable Product data sheet or specification, applicable customer specification or other Contract and with all applicable Laws; and was free of any material design defects or other defects or deficiencies at the time of sale. No Product manufactured or sold by any of the Company or any Subsidiary has been the subject of any recall or other similar action; and no event has occurred, and no condition or circumstance exists, that might (with or without notice or lapse of time) directly or indirectly give rise to or serve as a Basis for any such recall or other similar action relating to any such Product.
Product Liability; Warranty. There are no existing or, to the Knowledge of Seller, threatened material product or service Liability, warranty or other similar claims against Seller for products or services of the Business. The inventories included in the Purchased Assets that are finished goods have been produced in conformity in all material respects with all applicable contractual commitments and specifications and all express warranties listed on Schedule 7.16 of Seller’s Disclosure Letter. Schedule 7.16 of Seller’s Disclosure Letter includes copies of the form of all express or written warranties furnished by the Business to purchasers of products of the Business. Since October 31, 2005, no product manufactured or sold by the Business has been the subject of any recall or other similar action.
Product Liability; Warranty. Neither the Company nor any other Person has agreed to become or otherwise be responsible for consequential damages or, except as may be set forth in a Material Contract or as disclosed in Schedule 3.26 of the Disclosure Schedules, made any express warranties to third parties with respect to any equipment or other products created, manufactured, sold, distributed, leased or licensed, or any services rendered, by the Company which are still outstanding other than the Company’s standard warranty, a copy of which is included in Schedule 3.26 of the Disclosure Schedules. To the knowledge of Seller, there are no design, manufacturing or other latent defects with respect to any such products. Except as set forth on Schedule 3.26, the Company has not modified or expanded its warranty obligation to any customer beyond that set forth in the Company’s standard warranty. Except as disclosed in Schedule 3.26 of the Disclosure Schedules, there are no and during the last five (5) years there have not been any material disputes or controversies involving any customer, distributor, supplier or any other Person regarding the quality, merchantability or safety of or defect in, or involving a claim of breach of warranty which has not been fully resolved with respect to any service performed or equipment, vehicles or other products purchased, sold or leased by the Company.
Product Liability; Warranty. Except as set forth on Schedule 3.25, Seller does not have any material liability as of the date hereof, either individually or in the aggregate, arising out of any Damages that are finally adjudicated, including all applicable periods of appeal, arising out of any injury to any Person or property (real or personal) as a result of the ownership, possession or use of any product marketed, sold, leased or delivered by Seller. Seller is not subject to any guaranty, warranty or other indemnity relating to any products marketed, sold, leased or delivered. ***Confidential Treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Product Liability; Warranty. Except as disclosed in SECTION 3.1(Z) of the Company Disclosure Schedule:
Product Liability; Warranty. The products designed, manufactured or distributed and the services rendered by the Company or any Subsidiary prior to the Execution do not suffer from any defects not covered by sufficient insurance. The Company holds a product liability insurance.
