Common use of Product Warranty and Product Liability Clause in Contracts

Product Warranty and Product Liability. Schedule 4.20 contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 4.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers for each of the five (5) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 4.20 contains a description of all product liability claims and similar Litigation relating to Products manufactured or sold, or services rendered, which are presently pending or which to Company's Knowledge are threatened, or which have been asserted or commenced against Company within the last five (5) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance) which exceed $5,000. There are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as disclosed in Schedule 4.20, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to Company's Knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed, manufactured and labeled so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. The term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company.

Product Warranty and Product Liability. Schedule 4.20 contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 4.20 sets forth the estimated aggregate annual cost to Company of performing product return or warranty obligations for customers of the Juice Division for each of the five (5) three preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 4.20 contains a description of all product liability claims and similar Litigation relating to Products manufactured or sold, or services rendered, which are presently pending or which to Company's Knowledge knowledge are threatened, or which have been asserted or commenced against Company within the last five (5) three years, in which a party thereto either requests injunctive relief or alleges damages in excess of $20,000 (whether or not covered by insurance) which exceed $5,000). There are no defects in design, construction or manufacture of Products which would adversely affect performance quality or create an unusual risk of injury to persons or property. Except as disclosed in set forth on Schedule 4.20, none of the Products has been the subject of any replacement, field fix, retrofit, modification replacement or recall campaign and, to Company's Knowledgeknowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. Schedule 4.20 identifies each Form 483 issued by the U.S. Food and Drug Administration to Company with respect to Products or the business or operations of the Juice Division during the last three fiscal years and the current fiscal year and a description of the circumstances leading to the issuance of each. The Products have been designed, designed and manufactured and labeled so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. The As used in this Section 4.20, the term "Products" means any and all products currently currently, or at any time previously within the past four years, produced, manufactured, distributed or sold by Companythe Juice Division, or by any predecessor of Company the Juice Division, under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company.

Product Warranty and Product Liability. Schedule 4.20 contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 4.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers of the Business for each of the five two (52) preceding fiscal years and the current fiscal year to the date of the Recent Division Balance Sheet. Schedule 4.20 contains a description of all product liability claims and similar Litigation relating to Products manufactured or sold, or services rendered, which are presently pending or which to Company's Knowledge knowledge are threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last five two (52) years, in which a party thereto either requests injunctive relief or alleges damages in excess of Twenty-Five Thousand United States Dollars and No/100 (U.S. $25,000) (whether or not covered by insurance) which exceed $5,000). There are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as disclosed in Schedule 4.20, none None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to Company's Knowledgeknowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed, designed and manufactured and labeled so as to meet and comply with all applicable governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. The As used in this Section 4.20, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Companythe Business, or by any predecessor of Company the Business under any brand name or xxxx under which products are or have been manufactured, distributed or sold by CompanyCompany in or through the Business.

Product Warranty and Product Liability. Schedule 4.20 3.20 contains a true, correct and complete copy of Company's ’s standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 4.20 3.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers for each of the five (5) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 4.20 3.20 contains a description of all product liability claims and similar Litigation relating to Products products manufactured or sold, or services rendered, which are presently pending or which to Company's Knowledge ’s or any Shareholder’s knowledge are threatened, or which have been asserted or commenced against Company within the last five (5) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance) which exceed $5,000). There are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as disclosed in Schedule 4.20, none None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company and, to Company's Knowledge’s or any Shareholder’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed, designed and manufactured and labeled so as to meet and comply with all governmental standards and specifications currently in effect, and . Such products have received all governmental approvals necessary to allow their sale and use. The As used in this Section 3.20, the term "“Products" ” means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company. Company has not incurred any material warranty expense during the course of the last three (3) years.

Product Warranty and Product Liability. Schedule 4.20 3.20 contains a true, correct and complete copy of Company's ’s standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, and except for any other warranties which may be implied by the law of a particular state, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 4.20 3.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers for each of the five three (53) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 4.20 3.20 contains a description of all product liability claims and similar Litigation relating to Products products manufactured or sold, or services rendered, which are presently pending or which to Company's Knowledge ’s or any Shareholder’s knowledge are threatened, or which have been asserted or commenced against Company within the last five three (53) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance) which exceed $5,000). There To the knowledge of any Shareholder, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as disclosed in Schedule 4.20, none None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company and, to Company's Knowledge’s or any Shareholder’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed, designed and manufactured and labeled so as to meet and comply with all governmental standards and specifications currently in effect. To the knowledge of any Shareholder, and have received all such products do not require any governmental approvals necessary to allow their sale and use. The As used in this Section 3.20, the term "“Products" ” means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company.

Product Warranty and Product Liability. The Company has no express standard warranty with respect to the sale of its Products (as defined below). Schedule 4.20 contains a true, correct and complete copy of Company's standard those warranty or warranties for sales of Products incorporated in the standard terms and conditions imposed by General Electric and Xxxxx & Whitney and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of ProductsProducts except those specified in the Uniform Commercial Code as enacted in the relevant jurisdictions and under such jurisdictions' Common Law. Schedule 4.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers for each of the five three (53) preceding fiscal years and the current fiscal year to the date of the Recent Business Balance Sheet. Schedule 4.20 contains a description of all product liability claims and similar Litigation relating to Products manufactured or sold, or services rendered, which are presently pending or which to Company's Knowledge or any Shareholder's knowledge are threatened, or which have been asserted or commenced against Company within the last five three (53) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance) which exceed $5,000damages. There To the best of Company's knowledge there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as disclosed in Schedule 4.20, none None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign requiring the Company to incur costs with respect thereto and, to Company's Knowledgeor any Shareholder's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed, manufactured and labeled so as to meet and comply with all governmental customer standards and specifications currently at time of manufacture. As used in effectthis Section 4.20, and have received all governmental approvals necessary to allow their sale and use. The the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Companyprior to the Closing Date.

Product Warranty and Product Liability. Schedule 4.20 3.20 contains a true, correct and complete copy of Company's ’s standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 4.20 3.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers for each of the five two (52) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 4.20 3.20 contains a description of all product liability claims and similar Litigation relating to Products products manufactured or sold, or services rendered, which are presently pending or which to Company's Knowledge ’s or any Seller’s knowledge are threatened, or which have been asserted or commenced against Company within the last five two (52) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance) which exceed $5,000). There are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as disclosed in Schedule 4.20, none None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company and, to Company's Knowledge’s or any Seller’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed, designed and manufactured and labeled so as to meet and comply with all governmental standards and specifications currently in effect, and . Such products have received all governmental approvals necessary to allow their sale and use. The As used in this Section 3.20, the term "“Products" ” means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company.