Common use of Product Warranty and Product Liability Clause in Contracts

Product Warranty and Product Liability. Schedule 2.18 contains a true, correct and complete copy of the standard warranty or warranties of the Subsidiary for sales of Products and, except as expressly identified therein, there are no warranties, deviations from standard warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 2.18 sets forth the provision for warranty expense reflected on the Subsidiary's financial statements for the years ending December 31, 1997 and December 31, 1998 and for the six months ending June 30, 1999. Schedule 2.18 also contains a description of all pending product warranty and product liability claims. There are no defects in design, construction or manufacture of Products that would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 2.18, since June 17, 1997 none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to the Subsidiary's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. All Products have been designed, manufactured and labeled so as to meet and comply in all material respects with all governmental standards and specifications and all applicable laws currently in effect, and have received all governmental approvals necessary to allow their sale and use. "PRODUCTS" means any and all products currently or at any time previously designed, manufactured, distributed or sold by the Subsidiary or any predecessor under any brand name or xxxx under which products are or have been manufactured, distributed or sold by the Subsidiary.

Product Warranty and Product Liability. Schedule 2.18 contains a true, correct and complete copy Representative copies of the standard warranty or warranties of the Subsidiary for sales of Products and, except as expressly identified therein, there are no warranties, deviations from standard warranties, commitments or obligations with respect to the return, repair or replacement of ProductsProducts sold by the Business have been made available to the Acquiror by posting such to GE’s electronic data room located at the Internet website xxxxx://xxx.xxxxxxxxxxxx.xxx. Section 3.20 of the Disclosure Schedule 2.18 sets forth the provision estimated aggregate annual cost to the Business of performing warranty obligations for warranty expense reflected on customers for each of the Subsidiary's financial statements for five preceding fiscal years and the years ending December 31, 1997 and December 31, 1998 and for current fiscal year. Section 3.20 of the six months ending June 30, 1999. Disclosure Schedule 2.18 also contains a description of all pending product warranty and product liability claimsclaims and similar Actions relating to Products manufactured or sold, or services rendered, which are presently pending or which, to the Knowledge of GE, are threatened or which have been asserted or commenced against any of the Sellers or the Business Subsidiaries in connection with the operation of the Business within the last two years, in which a party thereto either requests injunctive relief or alleges damages in excess of $25,000 (whether or not covered by insurance). There are no defects in design, construction or manufacture design of Products that which would adversely affect performance in any material respect or create an unusual risk of injury to persons or property. Except as set forth on Schedule 2.18Within the last two years, since June 17, 1997 none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to the Subsidiary's knowledgeKnowledge of GE, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. All The Products have been designed, designed and manufactured and labeled so as to meet and comply in all material respects with all applicable U.S. governmental standards and specifications and all applicable laws currently in effect, and have received all applicable U.S. governmental approvals necessary to allow their sale and use. "PRODUCTS" means any and all products currently or at any time previously designed, manufactured, distributed or sold by the Subsidiary or any predecessor under any brand name or xxxx under which products are or have been manufactured, distributed or sold by the Subsidiary.

Product Warranty and Product Liability. Schedule 2.18 contains a C-COR has delivered to ARRIS true, correct and complete copy of the C-COR’s standard warranty or warranties of the Subsidiary for sales of Products andproducts and/or services, and except as expressly identified set forth therein, there are no warranties, deviations from standard warranties, warranties or commitments or obligations with respect to the return, repair repair, replacement or replacement re-performance of Products. Schedule 2.18 sets forth the provision products and/or services under which C-COR could reasonably be expected to have any material liability which has not been adequately reserved for warranty expense reflected on the Subsidiary's financial statements for the years ending December 31, 1997 and December 31, 1998 and for the six months ending June 30, 1999. Schedule 2.18 also contains a description of all pending product warranty and product liability claims. There are no defects in design, construction or manufacture of Products that would adversely affect performance or create an unusual risk of injury to persons or propertyC-COR. Except as set forth on Schedule 2.18, since June 17, 1997 none in Section 4.22 of the Products has C-COR Disclosure Schedule, C-COR’s products and services have not been the subject of any broad-based (i.e., excluding customary warranty claims with respect to individual defective products) replacement, field fix, retrofit, modification or recall campaign andcosting in excess of $10,000,000 in the aggregate after July 1, to the Subsidiary's knowledge2004, and no facts or conditions exist which could that are reasonably be expected to result in such a recall campaign. All Products of C-COR’s products have been designed, manufactured and labeled and all of C-COR’s services have been performed so as to meet and comply in all material respects with all industry and governmental standards and specifications and all applicable laws and orders currently in effecteffect in all material respects, and have received all governmental approvals necessary to allow their sale and use. "PRODUCTS" means any All products and all services that C-COR produces or performs under contracts in which C-COR commits to deliver products currently or at any time previously perform services that are designed, manufactured, distributed labeled and/or performed so as to meet and comply with any industry and/or governmental standards and specifications or sold by the Subsidiary laws or any predecessor under any brand name or xxxx under which products are or orders currently in effect have been designed, manufactured, distributed or sold by the Subsidiarylabeled and/or performed in a manner that complies with such contractual requirements in all material respects.

Product Warranty and Product Liability. Section 5.21 of the Disclosure Schedule 2.18 contains a true, correct and complete copy of each member of the Company Group’s standard warranty or warranties of the Subsidiary for sales of Products andproducts and services, and except as expressly identified set forth therein, there are no warranties, deviations from standard warranties, warranties or commitments or obligations with respect to the return, repair repair, replacement or replacement re-performance of Productsproducts and services under which the Company Group has any material liability. Section 5.21 of the Disclosure Schedule 2.18 sets forth the provision aggregate annual cost to the Company Group of performing warranty obligations for warranty expense reflected on each of the Subsidiary's financial statements for previous three years and the years ending December current year through October 31, 1997 and December 31, 1998 and for 2011. Section 5.21 of the six months ending June 30, 1999. Disclosure Schedule 2.18 also contains a description of all pending warranty claims where the amount in question exceeds, or is reasonably likely to exceed, $10,000 (or its foreign currency equivalent as of the date hereof). Since October 31, 2011, the Company Group has not made voluntary concessions or payments not charged to warranty expense as an accommodation to customers that have claimed that a product warranty and product liability claims. There are no defects in design, construction or manufacture of Products that would adversely affect performance or create an unusual risk of injury to persons or propertyservice is defective. Except as set forth on Schedule 2.18in the Ordinary Course of Business, since June 17, 1997 none of the Products products or services has been the subject of any replacement, field fix, retrofit, modification or recall campaign campaign, and, to the Subsidiary's knowledgeCompany’s Knowledge, no facts or conditions exist which that could reasonably be expected to result in such a recall campaign. All Products products and services have been designed, manufactured manufactured, labeled and labeled performed so as to meet and comply in all material respects with all applicable governmental standards and standards, all applicable product specifications and all applicable laws Laws currently in effect, except in each of the foregoing instances where the failure would not have a Material Adverse Effect, and have received all governmental approvals and customary industry certifications necessary to allow their sale and use. "PRODUCTS" means To the Company’s Knowledge, products and services that the Company Group produces or performs under contracts in which any and all member of the Company Group commits to deliver products currently or at any time previously perform services that are designed, manufactured, distributed or sold by the Subsidiary labeled and/or performed so as to meet and comply with any governmental standards and specifications, Laws currently in effect, or any predecessor under any brand name product specifications supplied by customers or xxxx under which products are or contractual counterparties have been designed, manufactured, distributed or sold by the Subsidiarylabeled and/or performed in a manner that complies with such requirements.

Product Warranty and Product Liability. Schedule 2.18 SCHEDULE 3.19(A) contains a true, correct and complete copy of Seller's and the UK Subsidiary's standard warranty or warranties of the Subsidiary for sales of Products and, except as expressly identified thereinstated therein or as provided by applicable law, there are no warranties, deviations from standard warranties, commitments or obligations with respect to the return, repair or replacement of ProductsProducts which vary materially from such standard. Schedule 2.18 sets forth the provision for warranty expense reflected on the Subsidiary's financial statements for the years ending December 31, 1997 and December 31, 1998 and for the six months ending June 30, 1999. Schedule 2.18 also SCHEDULE 3.19(B) contains a description of all pending product warranty and product liability claimsclaims and similar Litigation relating to Products that are presently pending or that to Seller's Knowledge are threatened in writing, or which have been asserted or commenced against Seller or the UK Subsidiary within the last five (5) years (whether or not covered by insurance). There are To Seller's Knowledge, there is no defects systematic defect of a recurring nature in design, construction or manufacture of the Products that would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 2.18, since June 17, 1997 none of the Products No Product has been the subject of any generalized or global replacement, field fix, retrofit, modification or recall campaign (excluding for the purpose customary bug fixes and product updates), and, to the SubsidiarySeller's knowledgeKnowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. All The Products have been designed, designed and manufactured and labeled so as to meet and comply in all material respects with all applicable governmental standards and specifications and all applicable laws currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used in this Agreement, the term "PRODUCTS" means any and all products currently or at any time previously designed, manufactured, distributed or sold by Seller or the Subsidiary UK Subsidiary, or by any predecessor of Seller or the UK Subsidiary under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Seller or the UK Subsidiary.

Product Warranty and Product Liability. Schedule 2.18 3.20 contains true, correct and complete copies of each of Company's and the Subsidiaries' standard product warranty or warranties (as hereinafter defined) in effect as of the date of this Agreement. Schedule 3.20 sets forth a true, correct and complete copy list of customer complaints for each of the standard warranty or warranties of the Subsidiary for sales of Products and, except as expressly identified therein, there are no warranties, deviations from standard warranties, commitments or obligations with respect to the return, repair or replacement of Productsfour (4) preceding fiscal years. Schedule 2.18 sets forth the provision for warranty expense reflected on the Subsidiary's financial statements for the years ending December 31, 1997 and December 31, 1998 and for the six months ending June 30, 1999. Schedule 2.18 also 3.20 contains a description of all pending product warranty and product liability claimsclaims and similar Litigation relating to products manufactured or sold, or services rendered, which are presently pending or which, to VENA's knowledge, are threatened (whether or not covered by insurance). There are no defects in design, construction or manufacture of Products that manufactured since January 1, 2000 which would materially adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 2.18, since June 17, 1997 none None of the Products manufactured since January 1, 2000 has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company or any of the Subsidiaries and, to the SubsidiaryVENA's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. All The Products have been designed, designed and manufactured and labeled so as to meet and comply in all material respects with all publicly available governmental standards and specifications and all applicable laws currently in effecteffect when they were designed or manufactured. The Products manufactured since January 1, and 2000 have received all governmental approvals necessary to allow their sale and use. "PRODUCTS" means any and all products currently or at any time previously designed, None of the Products manufactured, distributed installed, fabricated, sold, supplied, produced, distributed, released, marketed or sold disposed of within Mexico, in each case prior to the Closing Date, by the Subsidiary Company or any predecessor under of the Subsidiaries contains or has contained or includes or has included asbestos in any brand name manner or xxxx under which products are respect; provided, however, that VENA makes no representation or warranty with respect to (i) any claims alleging exposure to Products that contain or include, or have been manufacturedcontained or included, distributed asbestos that are brought in any jurisdiction other than Mexico and (ii) the subsequent manufacture, installation, fabrication, sale, supply, production, distribution, release, marketing, disposal or sold other use of the Products, or any exposure in connection therewith, outside of Mexico by any third parties. As used in this Section 3.20, the Subsidiary.term "

Product Warranty and Product Liability. Schedule 2.18 3.21 contains a true, correct and complete copy of the Company's standard warranty or warranties of the Subsidiary for sales of Products (as defined below) and, except as expressly identified stated therein, there are no warranties, deviations from standard other warranties, commitments or obligations issued by the Company since January 1, 1990 with respect to the return, repair or replacement of Products. Schedule 2.18 3.21 sets forth the provision estimated aggregate annual cost to the Company of performing warranty obligations for warranty expense reflected on customers for each of the Subsidiary's financial statements for five (5) preceding fiscal years and the years ending December 31, 1997 and December 31, 1998 and for current fiscal year to the six months ending June 30, 1999date of the Recent Balance Sheet. Schedule 2.18 also 3.21 contains a description of all pending product warranty and product liability claims and similar claims. There , actions litigation and other proceedings relating to Products manufactured or sold, or services rendered, which are no defects presently pending or, to the Best Knowledge of the Shareholders, threatened, or which have been asserted or commenced against the Company within the last five (5) years, in design, construction which a party thereto either requests injunctive relief or manufacture alleges damages in excess of Products that would adversely affect performance Ten Thousand Dollars ($10,000) (whether or create an unusual risk of injury to persons or propertynot covered by insurance). Except as set forth disclosed on Schedule 2.183.21, since June 17January 1, 1997 1990, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to the Subsidiary's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. All The Products have been designed, manufactured and labeled labelled so as to meet and comply in all material respects with all mandatory governmental standards and specifications in effect at the time of their manufacture and all applicable laws currently in effect, sale and have received all governmental approvals necessary to allow their sale and use. "PRODUCTS" means any and Except as disclosed on Schedule 3.21, all products currently or at any time previously designed, manufactured, distributed or sold by the Subsidiary or any predecessor Company under any brand name or xxxx mark (the "Current Products") comply with all applicable standards of ASTM xxx the Consumer Products Safety Commission currently in effect. As used in this Section 3.21, the term "Products" means any and all Current Products and all products at any time previously manufactured, distributed or sold by the Company, or by any predecessor of the Company under any brand name or mark under which products are or have been manufactured, distributed or sold by solx xx the SubsidiaryCompany.