Common use of Warranties and Discounts Clause in Contracts

Warranties and Discounts. Except as described in Schedule 3.1.14 attached hereto, 3.1.14.1. the Vendor has not given any guarantee or warranty in respect of any of the products sold or the services provided as part of the Purchased Assets, except warranties made in the form of the standard written warranty, a copy of which has been provided to the Purchaser, and except for warranties implied by law; 3.1.14.2. except as set forth on Schedule 3.1.14.2, during each of the three fiscal years of the Vendor ended immediately preceding the date , no claims have been made against the Vendor for breach of warranty or contract requirement or negligence or for a price adjustment or other concession in respect of any defect in or failure to perform or deliver any products, services or work in connection with the Purchased Assets which had, in any such year, an aggregate cost exceeding $1,000; 3.1.14.3. there are no repair contracts or maintenance obligations in favor of the customers or users of the Purchased Assets except obligations incurred in accordance with standard terms, a copy of which has been provided to the Purchaser; 3.1.14.4. the Vendor is not now subject to any agreement or commitment, and the Vendor has not, within three years prior to the date of this Agreement, entered into any agreement with or made any commitment to any customer of the Business in relation to the Purchased Assets which would require the repurchase of any products sold to such customers or adjustment of any price or the granting of any refund, discount or other concession to such customer; and 3.1.14.5. the Vendor is not required to provide any letters of credit, bonds or other financial security arrangements in connection with any transactions with any suppliers or customers of the Business relating to the Purchased Assets.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Workstream Inc), Asset Purchase Agreement (Peopleview Inc)

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Warranties and Discounts. Except as described in Schedule 3.1.14 attached hereto, 3.1.14.1. the Vendor has not given any guarantee or warranty in respect of any of the products sold or the services provided as part of the Purchased Assets, except warranties made in the form of the standard written warranty, a copy of which has been provided to the Purchaser, and except for warranties implied by law; 3.1.14.2. except as set forth on Schedule 3.1.14.2, during each of the three fiscal years of the Vendor ended immediately preceding the date , no claims have been made against the Vendor for breach of warranty or contract requirement or negligence or for a price adjustment or other concession in respect of any defect in or failure to perform or deliver any products, services or work in connection with the Purchased Assets which had, in any such year, an aggregate cost exceeding in excess of $1,000; 3.1.14.3. there are no repair contracts or maintenance obligations in favor of the customers or users of the Purchased Assets except obligations incurred in accordance with standard terms, a copy of which has been provided to the Purchaser; 3.1.14.4. the Vendor is not now subject to any agreement or commitment, and the Vendor has not, within three years prior to the date of this Agreement, entered into any agreement with or made any commitment to any customer of the Business in relation to the Purchased Assets which would require the repurchase of any products sold to such customers or adjustment of any price or the granting of any refund, discount or other concession to such customer; and 3.1.14.5. the Vendor is not required to provide any letters of credit, bonds or other financial security arrangements in connection with any transactions with any suppliers or customers of the Business relating to the Purchased Assets.

Appears in 1 contract

Samples: Asset Purchase Agreement (Workstream Inc)

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Warranties and Discounts. Except as described in Schedule 3.1.14 attached hereto, 3.1.14.1. the Vendor has not given any guarantee or warranty in respect of any of the products sold or the services provided as part of the Purchased Assets, except warranties made in the form of the standard written warranty, a copy of which has been provided to the Purchaser, and except for warranties implied by law; 3.1.14.2. except as set forth on Schedule 3.1.14.23.1.14, during each of the three fiscal years of the Vendor ended immediately preceding the date date, no claims have been made against the Vendor for breach of warranty or contract requirement or negligence or for a price adjustment or other concession in respect of any defect in or failure to perform or deliver any products, services or work in connection with the Purchased Assets which had, in any such year, an aggregate cost exceeding $1,000; 3.1.14.3. there are no repair contracts or maintenance obligations in favor of the customers or users of the Purchased Assets except obligations incurred in accordance with standard terms, a copy of which has been provided to the Purchaser; 3.1.14.4. the Vendor is not now subject to any agreement or commitment, and the Vendor has not, within three years prior to the date of this Agreement, entered into any agreement with or made any commitment to any customer of the Business in relation to the Purchased Assets which would require the repurchase of any products sold to such customers or adjustment of any price or the granting of any refund, discount or other concession to such customer; and 3.1.14.5. the Vendor is not required to provide any letters of credit, bonds or other financial security arrangements in connection with any transactions with any suppliers or customers of the Business relating to the Purchased Assets.

Appears in 1 contract

Samples: Asset Purchase Agreement (Workstream Inc)

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