Common use of Product Warranty and Liability Clause in Contracts

Product Warranty and Liability. a. Except as set forth in the Seller's Disclosure Schedule, each product manufactured, sold, or delivered by the Company were, when sold, fit for the ordinary purpose for which they were intended to be used or conformed in all material respects to product specifications or any promises made in connection with its sale and has been in conformity with all applicable contractual commitments and in compliance with all legal requirements, and the Company has no liability (and, to the Seller's knowledge, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any liability) for replacement thereof or other damages in connection therewith, subject only to product returns made by customers in the ordinary course of the Company's Business consistent with past practices, and reserves for product warranty claims set forth on the face of the Financial Statements as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice. Other than product returns made in the ordinary course of the Company's Business consistent with past practices and consumer complaints received in the ordinary course of the Company's Business and historical experience and except as set forth in the Seller's Disclosure Schedule, no written products warranty or similar written claims have been made against the Company since January 1, 2000. No product manufactured, sold, leased, or delivered by Company is subject to any guaranty, warranty, or other indemnity beyond those required or implied by applicable law, if any, the applicable standard terms and conditions of sale and the Company's policy with respect to returns. A description of the Company's standard product warranties or standard terms and conditions of sale are attached as part of Seller's Discloser Schedule. Seller's Disclosure Schedule identifies all material disputes with customers regarding products produced or sold by the Company since December 31, 2002. b. Except as set forth in the Seller's Disclosure Schedule, since January 1, 2001, the Company has not been the subject of any product liability claims or toxic tort claims (and, to the Company's knowledge, there is no basis for any product liability claims or toxic tort claims) arising out of any injury to individuals or property as a result of the design, manufacture, sale, distribution, ownership, possession, labeling, advertisement, or use of any product, except for individual claims for damages involving less than $10,000. The Company manufactures, or has manufactured for it, all Products in compliance with all laws and maintains, directly or through contract manufacturers, procedures and controls which assure that all new product development is in compliance with all laws in all material respects and not injurious to health and safety of persons and the environment. The products do not, and, to Seller's knowledge, have never, contained any Hazardous Materials.

Product Warranty and Liability. a. Except as set forth in the Seller's Disclosure Schedule, each product manufactured, sold, or delivered by the Company were, when sold, fit for the ordinary purpose for which they were intended to be used or conformed in all material respects to product specifications or any promises made in connection with its sale and has been in conformity with all applicable contractual commitments and in compliance with all legal requirements, and the Company has no liability (and, to the Seller's knowledge, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any liability) for replacement thereof or other damages in connection therewith, subject only to product returns made by customers in the ordinary course of the Company's Business consistent with past practices, and reserves for product warranty claims set forth on the face of the Financial Statements as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice. Other than product returns made in the ordinary course of the Company's Business consistent with past practices and consumer complaints received in the ordinary course of the Company's Business and historical experience and except as set forth in the Seller's Disclosure Schedule, no written products warranty or similar written claims have been made against the Company since January 1, 2000. No product manufactured, sold, leased, or delivered by Company is subject to any guaranty, warranty, or other indemnity beyond those required or implied by applicable law, if any, the applicable standard terms and conditions of sale and the Company's policy with respect to returns. A description of the Company's standard product warranties or standard terms and conditions of sale are attached as part of Seller's Discloser Disclosure Schedule. Seller's Disclosure Schedule identifies all material disputes with customers regarding products produced or sold by the Company since December 31, 2002. b. Except as set forth in the Seller's Disclosure Schedule, since January 1, 2001, the Company has not been the subject of any product liability claims or toxic tort claims (and, to the Company's knowledge, there is no basis for any product liability claims or toxic tort claims) arising out of any injury to individuals or property as a result of the design, manufacture, sale, distribution, ownership, possession, labeling, advertisement, or use of any product, except for individual claims for damages involving less than $10,000. The Company manufactures, or has manufactured for it, all Products in compliance with all laws and maintains, directly or through contract manufacturers, procedures and controls which assure that all new product development is in compliance with all laws in all material respects and not injurious to health and safety of persons and the environment. The products do not, and, to Seller's knowledge, have never, contained any Hazardous Materials.

Product Warranty and Liability. a. (a) Except as set forth in the Seller's ’s Disclosure Schedule, each product all products manufactured, sold, sold or delivered by the Company were, when sold, fit for the ordinary purpose for which they were intended to be used or and conformed in all material respects to product specifications or any promises made in connection with its their sale and the Company has been in conformity with all applicable contractual commitments and in compliance in all material respects with all legal requirements, and the Company has no liability (and, to the Seller's knowledge, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any liability) for replacement thereof or other damages in connection therewith, subject only to product returns made by customers in the ordinary course of the Company's Business consistent with past practices, and reserves for product warranty claims set forth on the face of the Company’s Interim Financial Statements as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice. Other than product returns made in the ordinary course of the Company's Business consistent with past practices and historical experience, consumer complaints received in the ordinary course of the Company's Business and consistent with historical experience experience, and except as set forth in the Seller's ’s Disclosure Schedule, no written products warranty or similar written claims have been made against the Company since January 1, 20002003. No Except as set forth in the Seller’s Disclosure Schedule, no product manufactured, sold, leased, leased or delivered by the Company is subject to any guaranty, warranty, warranty or other indemnity beyond those required or implied by applicable law, if any, the applicable standard terms and conditions of sale and the Company's ’s policy with respect to returns. A description of the Company's ’s standard product warranties or standard terms and conditions of sale are attached as part of Seller's Discloser ’s Disclosure Schedule. Seller's ’s Disclosure Schedule identifies all material disputes with customers regarding products produced or sold by the Company since December 31January 1, 20022003. b. (b) Except as set forth in the Seller's ’s Disclosure Schedule, since January 1, 20012003, the Company has not been the subject of any product liability claims or toxic tort claims (and, to the Company's knowledge, there is no basis for any product liability claims or toxic tort claims) arising out of any injury to individuals or property as a result of the design, manufacture, sale, distribution, ownership, possession, labeling, advertisement, advertisement or use of any product, except for individual claims for damages involving less than $10,000. The Company manufactures, or has manufactured for it, all Products products of the Business in compliance in all material respects with all laws applicable Laws and maintains, directly or through contract manufacturers, procedures and controls which that assure that all new product development manufacturing is in compliance with all laws Laws in all material respects and not injurious to health and safety of persons and the environment. The Company’s products do not, and, to Seller's ’s knowledge, have never, contained any Hazardous MaterialsSubstances.