Seller’s Product Warranties. Seller warrants to Buyer that during the warranty period specified in Section 4.3, the Products will be free from defects in workmanship, materials, and design, and will conform to the specifications, drawings, samples, and performance requirements specifically incorporated in the Purchase Order, customer drawings/data or otherwise specified by Buyer. The products shall be merchantable and safe and fit for the Buyer’s intended purposes. The Products will conform to all applicable laws, orders, regulations, and standards. Buyer’s inspection of approval of any design, drawing, material, condition, process, or specifications will not relieve Seller of these warranties. The warranties set forth in this Section 4.1 are cumulative and in addition to any other warranty provided by law.
Seller’s Product Warranties. Any claims under warranties of the types described in Section 3.1.2 or otherwise relative to Products sold prior to the Closing.
Seller’s Product Warranties. For products sold by Sellers prior to the Closing Date in connection with the EMD Business, Buyer will perform, at Sellers’ expense, reasonable repair or replacement services for Sellers, consistent with customer needs, for the purpose of enabling Sellers to fulfill their warranty obligations with respect thereto. Buyer’s cost of any such replacement will be reimbursed by Sellers, and Buyer will perform such repair services at reasonable rates to be agreed upon by the Parties from time to time. Notwithstanding the foregoing, Sellers shall have no obligation to pay or reimburse Buyer for repair or replacement services for any product sold by Buyer to Sellers before the Closing Date to the extent that Buyer would be obligated, but for Section 3.1(d) or Section 3.2, to provide such repair or replacement services pursuant to a written warranty made by Buyer with respect to such product (or component thereof), it being acknowledged that Buyer’s obligation under any such warranty will be determined in accordance with the terms and conditions of such warranty. Buyer will have no obligation to perform warranty services under this Section 6.10 after the third anniversary of the Closing Date. Notwithstanding anything to the contrary in Article VIII, Buyer’s aggregate liability to Sellers for any Losses that result from, or that exist or arise due to, any such services performed by Buyer shall be limited to the amounts actually received by Buyer for the specific services resulting in, creating the existence of or giving rise to such Losses. For the purposes of determining which products are sold by Sellers prior to the Closing, from and after the Closing, Buyer shall indelibly xxxx all products sold by Buyer with a date of shipment.
Seller’s Product Warranties. The party hereto that is seller hereby represents and warrants that, as of the date of delivery, the Goods shall: (a) not be adulterated or misbranded in violation of the California Cannabis Laws; (b) be merchantable and fit for their intended purpose; (c) shall be free of any lien, pledge or other encumbrance to transfer to the party hereto that is buyer; and (d) be batch tested on an R&D basis with the COA for such test provided to the buyer prior to delivery. Buyer acknowledges that this testing will not satisfy state-mandated quality assurance review or testing requirements, which must be performed on the final, manufactured product, packaging and labeling prior to entering the commercial cannabis market in compliance with the California Cannabis Laws.
