Common use of Product Warranty and Product Liability Clause in Contracts

Product Warranty and Product Liability. Schedule 4.20 contains a true, correct and complete copy of Company's standard warranty or warranties 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 4.20 sets forth the estimated aggregate annual cost to 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 4.20 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 Company's knowledge are threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last 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. $25,000) (whether or not covered by insurance). None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to Company's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed and manufactured so as to meet and comply with all applicable governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used in this Section 4.20, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by the Business, or by any predecessor of the Business under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company in or through the Business.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ladish Co Inc)

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Product Warranty and Product Liability. Schedule 4.20 3.20 contains a true, correct and complete copy of Company's ’s standard warranty or warranties 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 4.20 3.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers of the Business for each of the two five (25) preceding fiscal years and the current fiscal year to the date of the Recent Division Balance Sheet. Schedule 4.20 3.20 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 Company's ’s or any Shareholder’s knowledge are threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last two five (25) 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. $25,000) (whether or not covered by insurance). There are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company and, to Company's ’s or any Shareholder’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed and manufactured so as to meet and comply with all applicable governmental standards and specifications currently in effect, and . Such products have received all governmental approvals necessary to allow their sale and use. As used in this Section 4.203.20, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by the BusinessCompany, or by any predecessor of the Business Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company. Company in or through has not incurred any material warranty expense during the Businesscourse of the last three (3) years.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ladish Co Inc)

Product Warranty and Product Liability. Schedule 4.20 3.20 contains a true, correct and complete copy of Company's ’s standard warranty or warranties 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 4.20 3.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers of the Business for each of the two three (23) preceding fiscal years and the current fiscal year to the date of the Recent Division Balance Sheet. Schedule 4.20 3.20 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 Company's ’s or any Shareholder’s knowledge are threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last two three (23) 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. $25,000) (whether or not covered by insurance). To the knowledge of any Shareholder, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company and, to Company's ’s or any Shareholder’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed and manufactured so as to meet and comply with all applicable governmental standards and specifications currently in effect. To the knowledge of any Shareholder, and have received all such products do not require any governmental approvals necessary to allow their sale and use. As used in this Section 4.203.20, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by the BusinessCompany, or by any predecessor of the Business Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company in or through the BusinessCompany.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bandag Inc)

Product Warranty and Product Liability. Schedule 4.20 3.20 contains a true, correct and complete copy of Company's ’s standard warranty or warranties 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 4.20 3.20 sets forth the estimated aggregate annual cost to 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 4.20 3.20 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 Company's ’s or any Seller’s knowledge are threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last 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. $25,000) (whether or not covered by insurance). There are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company and, to Company's ’s or any Seller’s knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed and manufactured so as to meet and comply with all applicable governmental standards and specifications currently in effect, and . Such products have received all governmental approvals necessary to allow their sale and use. As used in this Section 4.203.20, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by the BusinessCompany, or by any predecessor of the Business Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company in or through the BusinessCompany.

Appears in 1 contract

Samples: Share Purchase Agreement (Innovative Software Technologies Inc)

Product Warranty and Product Liability. The Company has no express standard warranty with respect to the sale of its Products (as defined below). Schedule 4.20 contains a true, correct and complete copy of Company's standard those warranty or warranties for sales of Products (as defined below) incorporated in the standard terms and conditions imposed by General Electric and Xxxxx & Whitney and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of ProductsProducts except those specified in the Uniform Commercial Code as enacted in the relevant jurisdictions and under such jurisdictions' Common Law. Schedule 4.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers of the Business for each of the two three (23) preceding fiscal years and the current fiscal year to the date of the Recent Division Business Balance Sheet. Schedule 4.20 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 Company's or any Shareholder's knowledge are threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last two three (23) years, in which a party thereto either requests injunctive relief or alleges damages damages. To the best of Company's knowledge there are no defects in excess manufacture of Twenty-Five Thousand United States Dollars and No/100 (U.S. $25,000) (whether Products which would adversely affect performance or not covered by insurance)create an unusual risk of injury to persons or property. None of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign requiring the Company to incur costs with respect thereto and, to Company's or any Shareholder's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed and manufactured so as to meet and comply with all applicable governmental customer standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and useat time of manufacture. As used in this Section 4.20, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company prior to the Business, or by any predecessor of the Business under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company in or through the BusinessClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ladish Co Inc)

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Product Warranty and Product Liability. Schedule 4.20 3.21 contains a true, correct and complete copy of the Company's standard warranty or warranties 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 4.20 3.21 sets forth the estimated aggregate annual cost to the Company of performing warranty obligations for customers of the Business for each of the two five (25) preceding fiscal years and the current fiscal year to the date of the Recent Division Balance Sheet. Schedule 4.20 3.21 contains a description of all product liability claims and similar Litigation claims, actions litigation and other proceedings relating to Products manufactured or sold, or services rendered, which are presently pending or which or, to Company's knowledge are the Best Knowledge of the Shareholders, threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last two five (25) years, in which a party thereto either requests injunctive relief or alleges damages in excess of Twenty-Five Ten Thousand United States Dollars and No/100 (U.S. $25,00010,000) (whether or not covered by insurance). None Except as disclosed on Schedule 3.21, since January 1, 1990, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to Company's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed designed, manufactured and manufactured labelled so as to meet and comply with all applicable mandatory governmental standards and specifications currently in effect, effect at the time of their manufacture and sale and have received all governmental approvals necessary to allow their sale and use. Except as disclosed on Schedule 3.21, all products currently manufactured, distributed or sold by the Company under any brand name or mark (the "Current Products") comply with all applicable standards of ASTM xxx the Consumer Products Safety Commission currently in effect. As used in this Section 4.203.21, the term "Products" means any and all Current Products and all products currently or at any time previously manufactured, distributed or sold by the BusinessCompany, or by any predecessor of the Business Company under any brand name or xxxx mark under which products are or have been manufactured, distributed or sold by Company in or through solx xx the BusinessCompany.

Appears in 1 contract

Samples: Stock Purchase Agreement (Swing N Slide Corp)

Product Warranty and Product Liability. Schedule 4.20 contains a true, correct and complete copy of Company's standard warranty or warranties 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 4.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers of the Business for each of the two five (25) preceding fiscal years and the current fiscal year to the date of the Recent Division Balance Sheet. Schedule 4.20 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 Company's knowledge Knowledge are threatened, or which have been asserted or commenced against the Company in connection with its operation of the Business within the last two five (25) 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. $25,000) (whether or not covered by insurance)) which exceed $5,000. None There are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as disclosed in Schedule 4.20, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign and, to Company's knowledgeKnowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed designed, manufactured and manufactured labeled so as to meet and comply with all applicable governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used in this Section 4.20, the The term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by the BusinessCompany, or by any predecessor of the Business Company under any brand name or xxxx under which products are or have been manufactured, distributed or sold by Company in or through the BusinessCompany.

Appears in 1 contract

Samples: Asset Purchase Agreement (Wec Co)

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