Products and Product Warranty Sample Clauses

Products and Product Warranty. (a) All Products of the SFS Business manufactured, processed, assembled, distributed, shipped or sold and any services rendered in the conduct of the SFS Business have been in conformity with all applicable contractual commitments and all express or implied warranties. No liability exists, and no liability is anticipated to arise for damages in connection with such sales or deliveries. Section 4.21(a) of the Disclosure Schedule sets forth an accurate, correct and complete statement of all written warranties and warranty policies of the SFS Business and its Products. All warranties are in conformity with the labeling and other requirements of applicable laws. The Product warranty and return experience of the SFS Business for the three (3) years ended as of the date hereof is set forth in Section 4.21 of the Disclosure Schedule. (b) The Products set forth on Exhibit A annexed hereto constitute all products of the SFS Business whether now existing, under development or discontinued at any time within thirty-six months prior to the date hereof.
Sample 1
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Products and Product Warranty. To the knowledge of the Seller and the Company and subject to the reserve for product warranty and liability claims reflected in the Most Recent Fiscal Month End balance sheet and claims covered by insurance, each product manufactured, sold, leased or delivered by the Company or any of its Subsidiaries has been in substantial conformity with all applicable express and implied product warranties. Section 4(t) of the Disclosure Schedule includes (i) copies of the terms and conditions of outstanding warranties for products sold by the Company or any of its Subsidiaries after August 10, 1994 and (ii) a list that is true and correct in all material respects of written claims for breach of warranty or product liability made against the Company or any of its subsidiaries after August 10, 1994. Except as set forth on Section 4(t) of the Disclosure Schedule, neither the Seller nor the Company know of or have received notice of any valid basis for the recall, withdrawal or suspension of any product packaged, distributed or sold by the Company or any of its Subsidiaries or that would otherwise cause the Company or any of its Subsidiaries to recall, withdraw or suspend any such product from the market, where such recall, withdrawal or suspension would have a Material Adverse Effect.
Sample 1
Products and Product Warranty. Each product manufactured, marketed, sold, distributed or delivered by Seller in connection with the Xxx Post Footwear Business at any time (the "Products") has been in conformity (or such non-conformity has been subsequently cured) with all applicable contractual commitments and all express and implied warranties made by Seller (the "Company Warranties"). Seller has no Liability for any special, consequential or punitive damages to any Person with respect to any Products.
Sample 1
Products and Product Warranty. (a) All Products of the Business manufactured, processed, assembled, distributed, shipped or sold and any services rendered in the conduct of the Business have been in conformity with all applicable contractual commitments and all express or implied warranties. No liability exists, and no liability is anticipated to arise for damages in connection with such sales or deliveries. All warranties are in conformity with the labeling and other requirements of applicable laws. The Product warranty and return experience of the Business for the three (3) years ended as of the date hereof is set forth in Section 4.16(a) of the Disclosure Schedule. (b) Section 4.16(b) of the Disclosure Schedule sets forth an accurate, correct and complete list and summary description of all existing claims, duties, responsibilities, liabilities or obligations arising from or alleged to arise from any injury to person or property as a result of the ownership, possession or use of any Product of the Business manufactured or sold prior to the date hereof and the Closing Date ("Product Liability Claims") for amounts in excess of $3,000, or which could reasonably be expected to be material to the Business. All such Product Liability Claims, together with all existing Product Liability Claims for amounts of less than $3,000, are or will be fully covered by product liability insurance or otherwise provided for and the Seller shall properly satisfy and discharge all such Product Liability Claims. There have been no recalls, and none are threatened or pending, and no report has been filed or is required to have been filed with respect to any Products of the Business under any applicable law, rule or regulation. To the knowledge of the Seller, no circumstances exist affecting the safety of the Products of the Business which would result in any reporting obligations to any Governmental Authority or any other person or entity or could result in a claim against Buyer after the Closing.
Sample 1

Related to Products and Product Warranty

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Limited Product Warranty Repair or Replacement within 12 years

  • Product Recalls (a) If either Party reasonably decides or is required by any government authority or court of competent jurisdiction, to initiate a product recall, withdrawal or field correction with respect to, or if there is any governmental seizure of, the Product, the Party initiating or required to initiate such action will notify the other Party promptly of the details regarding such action, including providing copies of all relevant documentation concerning such action. The Parties will assist each other in investigating any such situation and all regulatory contacts that are made and all activities concerning seizure, recall, withdrawal or field correction will be jointly coordinated by HSL and LMI. (b) If any such recall, withdrawal, field correction or seizure occurs due solely to (i) failure of any Product produced by HSL hereunder to conform to Specifications (including, without limitation, being adulterated or misbranded) or any warranty or other requirement set forth in this Agreement, (ii) the failure of HSL to comply in all material respects with any applicable law, rule, regulation, guideline, standard, court order or decree or (iii) the negligent or intentional wrongful act or omission of HSL in connection with the production of Product hereunder, then HSL shall bear the **** of any such seizure, recall, withdrawal or field correction and shall reimburse LMI for its ****, including any purchase price payments made to HSL and related taxes to the extent related to such recalled Product. To the extent any such recall, withdrawal, field correction or seizure occurs for any reason other than that set forth in the immediately preceding sentence, then LMI shall bear the **** of any such seizure, recall, withdrawal or field correction. If both HSL and LMI contribute to the cause of a seizure, recall, withdrawal or field correction, the cost and expense thereof will be shared in proportion to each Party’s contribution to the problem. For the purposes of this Agreement, the expenses of any recall, withdrawal, field correction or seizure shall include, without limitation, the out-of-pocket expenses of notification and destruction or return of the recalled Product and all other out-of-pocket costs incurred in connection with such recall but shall not include a Party’s lost profits. HSL’s reimbursement for the costs of LMI Materials related to such recall, withdrawal or field correction is limited by Section 5.6(c).

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • PRICE LISTS AND PRODUCT INFORMATION Contractors should provide an electronic version of the proposed price list in an Excel format or pdf on a jump drive. Also provide a dealer list, if applicable in an Excel format with "read and write" capabilities on the same jump drive. No costs or expenses associated with providing this information in the required format shall be charged to the State of Arkansas. At the time of contract renewal contractor will furnish OSP with an updated dealer list and published price list.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

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