Warranty Policies. If any of Manufacturer's Products are proven to Manufacturer's satisfaction to have been defective at time of sale to Distributor, Manufacturer will make an appropriate adjustment in the original sales price of such product or, at Manufacturer's election, replace the defective product. Manufacturer shall provide to Distributor information with respect to Manufacturer's limited warranty extended to the original consumer of Manufacturer's Products. MANUFACTURER MAKES NO WARRANTY TO DISTRIBUTOR, OR ITS CUSTOMERS, WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Warranty Policies. If any of Supplier's Products are proven to have been defective at time of sale to Distributor, including stevia extracts that do not meet Food Chemicals Codex (‘FCC”) or Joint FAO/WHO Expert Committee on Food Additives (“JECFA”) standards for product purity and quality, or products that do not meet the written specifications provided in advance prior to their order from Supplier by Distributor. Distributor, at their sole election, may return the defective product to Supplier without payment.
Warranty Policies. The parties agree that the Dealer will be entitled to rely upon the manufacturer’s express warranty covering the Equipment. The Dealer indemnifies and holds N2R harmless from any loss or claim arising out of the negligence or willful acts of the Dealer or its agents, employees or representatives in the installation, use, sale or servicing of any of the Equipment.
Warranty Policies. If any of Manufacturer’s Products are proven to Manufacturer’s satisfaction to have been defective at time of sale to Distributor, Manufacturer will make an appropriate adjustment in the original sales price of such product or, at Manufacturer’s election, replace the defective product. Manufacturer shall provide to Distributor information with respect to Manufacturer’s limited warranty extended to the original consumer of Manufacturer’s Products.
Warranty Policies. Purchaser has obtained those buyer’s representations and warranties insurance policies bound and in effect on and as of the date hereof, substantially in the form attached hereto as Exhibit E (the “Warranty Policies”).
Warranty Policies. The Warranty Policies shall remain in full force and effect and the insurers thereunder shall not have made any material amendments or modifications thereto. Purchaser shall use commercially reasonable efforts to cause the Warranty Policies to provide that, in the event of any payment by the insurer in connection with the Warranty Policies, the insurer shall waive any subrogation rights it might have against the Stockholders and their respective Affiliates (except, and only to the extent, with respect to Fraud), and such anti-subrogation provisions contained in the Warranty Policies shall not be amended in any manner adverse to any of the foregoing without the prior written consent of the Stockholders’ Representative (such consent not to be unreasonably conditioned, withheld or delayed).
Warranty Policies. During the term of the Warranty Policies, neither Purchaser nor any of its Affiliates or representatives shall cancel, modify or waive the anti-subrogation provisions contained in the Warranty Policies (or any rights thereunder) if such cancellation, modification or waiver would reasonably be expected to materially and adversely affect the Stockholder Representative or the Stockholders (which by way of example shall include, allowing any amendment, termination, cancellation or revocation that requires the insurer thereunder to subrogate or otherwise make or bring any action or proceeding against the Stockholder Representative or the Stockholders based upon, arising out of or related to this Agreement or the negotiation, execution or performance of this Agreement (other than in the event of Fraud) or that could otherwise increase the liability of any Stockholder). Promptly following the Closing and pursuant to the conditional binder issued in connection with the Warranty Policy, the Company shall, or shall cause, an electronic copy of the virtual data room data materials as maintained by or on behalf the Company to be delivered to the insurer or claims representative as required pursuant to the terms of the conditional binder issued in accordance with the Warranty Policy.
Warranty Policies a. Supplier shall grant to Purchaser a limited warranty in accordance with its customary product warranty policies in effect as of the day a Product is shipped to Purchaser (the "Limited Warranty").
Warranty Policies. Section 3.24 of the Company Disclosure Letter sets forth all of the warranty policies of the Company and its Subsidiaries presently in effect, and/or which have been in effect during the past five (5) years, for any Products manufactured and sold by the Company and its Subsidiaries (the "Warranty Policies"). Except as set forth in Section 3.24 of the Company Disclosure Letter, since January 1, 2007: (i) neither the Company nor any of its Subsidiaries makes any warranties of any kind or nature whatsoever, whether express or implied, with respect to any Product that is presently, or previously has been, manufactured or sold by the Company and its Subsidiaries, except for the special policies and/or circumstances set forth on Section 3.24 of the Company Disclosure Letter; (ii) as of April 23, 2010, the Company and its Subsidiaries have not received any written notice of any claim based on any Product warranty for an amount in excess of $1,000.00; and (iii) the Company does not know of any claim, actual or threatened, based on any Product warranty for an amount in excess of $1,000.00. Section 3.24 of the Company Disclosure Letter also sets forth the reserve amounts presently maintained by the Company in respect of any such Product warranty claims.
Warranty Policies. The written warranties which have been established by the Seller from time to time, whether or not currently in effect, are attached to Schedule 3.27 hereto.
