Common use of Product Warranty and Product Liability Clause in Contracts

Product Warranty and Product Liability. Schedule 3.20 contains a true, correct and complete copy of the standard warranty or warranties of the Acquired Companies 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 3.20 sets forth the estimated aggregate annual cost to the Acquired Companies of performing warranty obligations for customers for each of the two preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 3.20 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 the best knowledge of any Acquired Company or Shareholder are threatened, or which have been asserted or commenced against any Acquired Company within the last five years, in which a party thereto either requests injunctive relief or alleges damages in excess of $5,000 (whether or not covered by insurance). There are no defects in design, construction or manufacture of the Products which would adversely affect performance, create an unusual risk of injury to persons or property or require notification to end-users, recall or remedial action under applicable Laws. None of the Products has been the subject of (i) any Medication and Device Experience Report ("MDR"); or (ii) any remedial action replacement, field fix, retrofit, modification or recall campaign by any Acquired Company and, to the best knowledge of any Acquired Company or Shareholder, no facts or conditions exist which could reasonably be expected to result in such a MDR or recall campaign. The Products have been designed and manufactured so as to meet and comply with all governmental standards, specifications and Laws currently in effect. Such products have received all approvals from Governmental Entities or certificates necessary to allow their sale and use, including applicable stock certificates. 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 any Acquired Company, or by any predecessor of any Acquired Company under any brand name or mark xxxer which products are or have been manufactured, distributed or sold by any Acquired Company.

Product Warranty and Product Liability. Schedule 3.20 3.21 contains a true, correct and complete copy of the Company's standard warranty or warranties of the Acquired Companies for sales of Products (as defined below) and, except as stated therein, there are no other warranties, commitments or obligations issued by the Company since January 1, 1990 with respect to the return, repair or replacement of Products. Schedule 3.20 3.21 sets forth the estimated aggregate annual cost to the Acquired Companies Company of performing warranty obligations for customers for each of the two five (5) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 3.20 3.21 contains a description of all product liability claims and similar Litigation claims, actions litigation and other proceedings relating to products Products manufactured or sold, or services rendered, which are presently pending or which or, to the best knowledge Best Knowledge of any Acquired Company or Shareholder are the Shareholders, threatened, or which have been asserted or commenced against any Acquired the Company within the last five (5) years, in which a party thereto either requests injunctive relief or alleges damages in excess of Ten Thousand Dollars ($5,000 10,000) (whether or not covered by insurance). There are no defects in designExcept as disclosed on Schedule 3.21, construction or manufacture of the Products which would adversely affect performancesince January 1, create an unusual risk of injury to persons or property or require notification to end-users1990, recall or remedial action under applicable Laws. None none of the Products has been the subject of (i) any Medication and Device Experience Report ("MDR"); or (ii) any remedial action replacement, field fix, retrofit, modification or recall campaign by any Acquired Company and, to the best knowledge of any Acquired Company or Shareholder, no facts or conditions exist which could reasonably be expected to result in such a MDR or recall campaign. The Products have been designed designed, manufactured and manufactured labelled so as to meet and comply with all mandatory governmental standards, standards and specifications in effect at the time of their manufacture and Laws currently in effect. Such products sale and have received all governmental approvals from Governmental Entities or certificates necessary to allow their sale and use. Except as disclosed on Schedule 3.21, including all products currently manufactured, distributed or sold by the Company under any brand name or mark (the "Current Products") comply with all applicable stock certificatesstandards of ASTM xxx the Consumer Products Safety Commission currently in effect. As used in this Section 3.203.21, the term "Products" means any and all Current Products and all products currently or at any time previously manufactured, distributed or sold by any Acquired the Company, or by any predecessor of any Acquired the Company under any brand name or mark xxxer under which products are or have been manufactured, distributed or sold by any Acquired solx xx the Company.

Product Warranty and Product Liability. Schedule 3.20 contains a true, correct and complete copy of the Company’s standard warranty or warranties of the Acquired Companies 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 3.20 sets forth the estimated aggregate annual cost to the Acquired Companies Company of performing warranty obligations for customers for each of the two three (3) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 3.20 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 the best Company’s or any Shareholder’s knowledge of any Acquired Company or Shareholder are threatened, or which have been asserted or commenced against any Acquired Company within the last five three (3) years, in which a party thereto either requests injunctive relief or alleges damages in excess of $5,000 (whether or not covered by insurance). There To the knowledge of any Shareholder, there are no defects in design, construction or manufacture of the Products which would adversely affect performance, performance or create an unusual risk of injury to persons or property or require notification to end-users, recall or remedial action under applicable Lawsproperty. None of the Products has been the subject of (i) any Medication and Device Experience Report ("MDR"); or (ii) any remedial action replacement, field fix, retrofit, modification or recall campaign by any Acquired Company and, to the best knowledge of Company’s or any Acquired Company or Shareholder’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a MDR or recall campaign. The Products have been designed and manufactured so as to meet and comply with all governmental standards, standards and specifications and Laws currently in effect. Such To the knowledge of any Shareholder, such products have received all do not require any governmental approvals from Governmental Entities or certificates necessary to allow their sale and use, including applicable stock certificates. 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 any Acquired Company, or by any predecessor of any Acquired Company under any brand name or mark xxxer xxxx under which products are or have been manufactured, distributed or sold by any Acquired Company.

Product Warranty and Product Liability. Schedule 3.20 4.20 contains a true, correct and complete copy of the Company's standard warranty or warranties of the Acquired Companies 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 3.20 4.20 sets forth the estimated aggregate annual cost to the Acquired Companies Company of performing warranty obligations for customers of the Business for each of the two (2) preceding fiscal years and the current fiscal year to the date of the Recent Division Balance Sheet. Schedule 3.20 4.20 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 the best Company's knowledge of any Acquired Company or Shareholder are threatened, or which have been asserted or commenced against any Acquired the Company in connection with its operation of the Business within the last five two (2) 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. $5,000 25,000) (whether or not covered by insurance). There are no defects in design, construction or manufacture of the Products which would adversely affect performance, create an unusual risk of injury to persons or property or require notification to end-users, recall or remedial action under applicable Laws. None of the Products has been the subject of (i) any Medication and Device Experience Report ("MDR"); or (ii) any remedial action replacement, field fix, retrofit, modification or recall campaign by any Acquired Company and, to the best knowledge of any Acquired Company or ShareholderCompany's knowledge, no facts or conditions exist which could reasonably be expected to result in such a MDR or recall campaign. The Products have been designed and manufactured so as to meet and comply with all applicable governmental standards, standards and specifications and Laws currently in effect. Such products , and have received all governmental approvals from Governmental Entities or certificates necessary to allow their sale and use, including applicable stock certificates. As used in this Section 3.204.20, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by any Acquired Companythe Business, or by any predecessor of any Acquired Company the Business under any brand name or mark xxxer xxxx under which products are or have been manufactured, distributed or sold by any Acquired CompanyCompany in or through the Business.

Product Warranty and Product Liability. Schedule 3.20 contains a true, correct and complete copy of the Company’s standard warranty or warranties of the Acquired Companies 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 3.20 sets forth the estimated aggregate annual cost to the Acquired Companies Company of performing warranty obligations for customers for each of the two five (5) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 3.20 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 the best Company’s or any Shareholder’s knowledge of any Acquired Company or Shareholder are threatened, or which have been asserted or commenced against any Acquired Company within the last five (5) years, in which a party thereto either requests injunctive relief or alleges damages in excess of $5,000 (whether or not covered by insurance). There are no defects in design, construction or manufacture of the Products which would adversely affect performance, performance or create an unusual risk of injury to persons or property or require notification to end-users, recall or remedial action under applicable Lawsproperty. None of the Products has been the subject of (i) any Medication and Device Experience Report ("MDR"); or (ii) any remedial action replacement, field fix, retrofit, modification or recall campaign by any Acquired Company and, to the best knowledge of Company’s or any Acquired Company or Shareholder’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a MDR or recall campaign. The Products have been designed and manufactured so as to meet and comply with all governmental standards, standards and specifications and Laws currently in effect. Such products have received all governmental approvals from Governmental Entities or certificates necessary to allow their sale and use, including applicable stock certificates. 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 any Acquired Company, or by any predecessor of any Acquired Company under any brand name or mark xxxer xxxx under which products are or have been manufactured, distributed or sold by Company. Company has not incurred any Acquired Companymaterial warranty expense during the course of the last three (3) years.

Product Warranty and Product Liability. Schedule 3.20 contains a true, correct and complete copy of the Company’s standard warranty or warranties of the Acquired Companies 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 3.20 sets forth the estimated aggregate annual cost to the Acquired Companies Company of performing warranty obligations for customers for each of the two (2) preceding fiscal years and the current fiscal year to the date of the Recent Balance Sheet. Schedule 3.20 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 the best Company’s or any Seller’s knowledge of any Acquired Company or Shareholder are threatened, or which have been asserted or commenced against any Acquired Company within the last five two (2) years, in which a party thereto either requests injunctive relief or alleges damages in excess of $5,000 (whether or not covered by insurance). There are no defects in design, construction or manufacture of the Products which would adversely affect performance, performance or create an unusual risk of injury to persons or property or require notification to end-users, recall or remedial action under applicable Lawsproperty. None of the Products has been the subject of (i) any Medication and Device Experience Report ("MDR"); or (ii) any remedial action replacement, field fix, retrofit, modification or recall campaign by any Acquired Company and, to the best knowledge of Company’s or any Acquired Company or ShareholderSeller’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a MDR or recall campaign. The Products have been designed and manufactured so as to meet and comply with all governmental standards, standards and specifications and Laws currently in effect. Such products have received all governmental approvals from Governmental Entities or certificates necessary to allow their sale and use, including applicable stock certificates. 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 any Acquired Company, or by any predecessor of any Acquired Company under any brand name or mark xxxer xxxx under which products are or have been manufactured, distributed or sold by any Acquired Company.