Sale of Products Sample Clauses

Sale of Products. Each product that has been sold by Seller in connection with the Acquired Business to any Person conformed and complied in all material respects with the terms and requirements of any applicable warranty or other Contract. No product manufactured or sold by Seller in connection with the Acquired Business has been the subject of any recall or other similar action; and no event has occurred, and no condition or circumstance exists, that, to Seller’s knowledge, might (with or without notice or lapse of time) give rise to or serve as a basis for any such recall or other similar action relating to any such product.
Sale of Products. Since January 1, 2002, each product that has been sold, licensed or distributed by the Seller Group to any Person: to the knowledge of the Seller Group, conformed and complied in all respects with the terms and requirements of any applicable warranty or other Contract and with all applicable Legal Requirements. To the knowledge of the Seller Group, the Seller Group will not incur or otherwise become subject to any material Liability arising directly or indirectly from any product manufactured or sold by the Seller Group on or at any time prior to the Closing Date. No product manufactured or sold by the Seller Group has been the subject of any recall or other similar action; and, to the knowledge of the Seller Group, no event has occurred, and no condition or circumstance exists, that might (with or without notice or lapse of time) directly or indirectly give rise to or serve as a basis for any such recall or other similar action relating to any such product.
Sale of Products. (1) The Joint Venture shall formulate and, with the approval of the Board, adopt both domestic and international sales plans for the Products. The Joint Venture shall market, distribute and sell its Products according to a pricing policy approved by the Board. The Joint Venture may appoint distributors and sale agents in different regions inside or outside the PRC, subject to the general terms and conditions of such appointment.
Sale of Products. Subject to these Terms and Conditions, Neuronetics hereby agrees to sell to Customer, and Customer hereby agrees to purchase from Neuronetics, all Products set forth on the Sales Order. Except for the initial Sales Order (which is included as part of this Agreement), Customer may purchase additional Products under this Agreement by submitting a sales order in the form attached as Appendix B (or by such other written, telephonic, or other ordering method approved by Neuronetics in its sole discretion) to Neuronetics. Customer orders for Products are not binding until accepted by Neuronetics in writing. Upon Neuronetics acceptance of such order, Neuronetics will generate and send Customer an order confirmation prior to or contemporaneously with delivery of the Products ordered thereunder (each an “Order Confirmation”). CUSTOMER EXPRESSLY AGREES THAT NEURONETICS’ THEN-CURRENT TERMS AND CONDITIONS OF SALE ARE EXPRESSLY INCORPORATED BY REFERENCE INTO THE ORDER CONFIRMATION. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT TERMS AND CONDITIONS OF NEURONETICS, THE SUBSEQUENT TERMS AND CONDITIONS SHALL GOVERN WITH RESPECT TO THE PRODUCTS COVERED BY THE APPLICABLE ORDER CONFIRMATION. Neuronetics maintains its current terms and conditions on http://neurostar.com/tc and a hard copy is available to Customer upon written request therefor. Products provided under this Agreement are new unless otherwise indicated on the Sales Order. Products may, however, contain components that have previously been used and, where previously used components are used, the Neuronetics Products shall meet or exceed Neuronetics’ specifications for newly manufactured products.
Sale of Products. Each Product that has been sold by or on behalf of Seller to any Person and warranted by Seller conformed and complied in all material respects with the terms and requirements of any applicable warranty of Seller. Each Product that has been sold and warranted by Seller to any Person conformed and complied in all material respects with the terms and requirements of all applicable Law. Seller will not incur or otherwise become subject to any liability arising directly or indirectly from any Product manufactured or sold by or on behalf of Seller on or at any time prior to the Closing Date, other than bugs, fixes and warranty claims in the Ordinary Course of Business. To Seller’s Knowledge, no Product manufactured or sold by or on behalf of Seller has at the time of such sale been the subject of any recall or other similar action.
Sale of Products. Broker-Dealer agrees that (a) offers and ---------------- sales of the Products will be made only through the use of a then current prospectus which is a part of a registration statement which is then effective under the 1933 Act (each a "Prospectus"), (b) a Prospectus relating to the Product in question will be delivered prior to, or concurrently with any sales presentation or other offer of such Product, (c) no oral or written statements will be made by or on behalf of Broker-Dealer to a prospective purchaser of a Product other than statements identical to, or based solely on information set forth in the Prospectus (d) in connection with offers and sales of the Products, Broker-Dealer will at all times comply with the Regulations and offer and sell the Products only in those jurisdictions, and in the manner in which the Products may be lawfully sold.
Sale of Products. No Optronics Product has been the subject of any recall or other similar action and, to Parent’s Knowledge, no event has occurred, and no condition or circumstance exists, that would reasonably be expected to (with or without notice or lapse of time) directly or indirectly give rise to or serve as a basis for any such recall or other similar action relating to any such product.