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. (a) Except as set forth on Schedule 4.11(a), since January 1, 2019, there have been no active, settled, terminated, pending or, to Seller’s Knowledge, threatened product liability, recall, warranty or other similar claims by any Third Party (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 the Products, and Seller has not received written notice of and does not have Knowledge of any: (i) claim or allegation of personal injury, death or property or economic damages, (ii) claim for punitive or exemplary damages, (iii) claim for contribution or indemnification, or (iv) claim for injunctive relief related to the sale or use of the Products.
(b) Except as set forth on Schedule 4.11(b), Seller has not made any warranties with respect to the Products other than those warranties expressly made by the original manufacturer of such Product, contained in the literature or trade dress accompanying the Products or imposed by applicable Law.
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. Except as set forth in Section 3.12 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. Neither Seller nor any other Person has agreed to become or otherwise be responsible for consequential damages or, except as disclosed in Schedule 3.26, made any express warranties to third parties with respect to any products created, manufactured, sold, distributed or licensed, or any services rendered, by Seller 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 Seller is included in Schedule 3.26. Seller has not modified or expanded its warranty obligation to any customer beyond that set forth in such standard warranties. Except as disclosed in Schedule 3.26, 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 Seller.
Product Liability; Warranty. (a) Schedule 3.26(a)(i) sets forth true, correct and complete copies of any standard published product warranties and standard terms and conditions for sales of any products or services of the Company that are in effect or otherwise enforceable as of the date hereof (containing applicable guarantee, warranty and indemnity provisions (if any)) (the “Standard Warranties”). Except as set forth on Schedule 3.26(a)(ii), such warranty obligations have not been modified or expanded for any customer beyond that set forth in such standard warranties. Except as set forth on Schedule 3.26(a)(iii), the Company has not made any express warranties to third parties with respect to any products manufactured, sold, distributed or licensed, or any services rendered, by the Company in the last five (5) years, other than any such warranties set forth in the Standard Warranties.
(b) During the last three (3) years, the Company has not been party to any material disputes or controversies involving any customer, retailer, distributor, manufacturer, supplier or any other Person that is or was regarding, related to, arising from, or in connection with the quality, merchantability or safety of, any actual or alleged defect in or involving, any breach of warranty in respect of, or any Liability directly or indirectly caused by any products or services manufactured, distributed, sold or provided by the Company.
(c) There are no material design, manufacturing or other defects, latent or otherwise, with respect to any products or services manufactured, distributed, sold or provided by the Company, and the Company does not have, nor in the past three (3) years has had, any material Liability arising out of any injury to any Person or property as a result of the ownership, possession or use of a product or service manufactured, distributed, sold or provided by the Company.
(d) In the last five (5) years there has not been any product recall by the Company.
Product Liability; Warranty. There is no existing, and has been no, material product liability, warranty, recall or post-sale warning or similar action conducted by, or against, Seller or any of the Acquired Entities since December 31, 2019 with respect to any product designed, manufactured, serviced, produced, modified, distributed or sold by or on behalf of the Business. Each such product manufactured, sold or delivered by any Acquired Entity or with respect to any services rendered by any Acquired Entity has been in conformity in all material respects with contractual commitments and express warranties.
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. No product liability, recall or warranty (whether based in contract or tort and whether relating to personal injury, including death, property damage or economic loss) are pending or have been settled, terminated or received by the Company in the three (3) years prior to the Closing Date and, to the Company’s Knowledge, no such claims have been overtly threatened against the Company, in each case relating to, or arising from, the sale or use of the CellRight Products or any products manufactured using the CellRight Processing Technology. There is no judgment, order or decree outstanding against the Company relating to product liability claims with respect to the CellRight Products or any products manufactured or processed using the CellRight Processing Technology. Except as set forth in Schedule 3.17 of the Disclosure Schedules, the Company has not made any warranties with respect to the CellRight Products or any products manufactured or processed using the CellRight Processing Technology.
