Common use of Warranty Matters Clause in Contracts

Warranty Matters. Each product sold, leased, licensed or delivered by any ONI Group Member has been in material conformity with all applicable product specifications and contractual commitments and all express warranties and no ONI Group Member has any Liability, individually or in the aggregate (and to the Knowledge of ONI, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith. Schedule 3.10 includes copies of the standard terms and conditions of sale of each ONI Group Member (containing applicable warranty and indemnity provisions). No product sold, leased, licensed or delivered by any ONI Group Member is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale and such other indemnities and warranties disclosed on Schedule 3.10. Except as set forth on Schedule 3.10, there are no existing or, to the Knowledge of ONI, threatened product liability, warranty, failure to adequately warn or other similar claims against any ONI Group Member relating to or involving the products sold, leased, licensed or delivered by any ONI Group Member. There are no statements, citations, correspondence or decisions by any Governmental Entity stating that any product sold, leased, licensed or delivered by any ONI Group Member is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental Entity. There have been no notices of recall served on any ONI Group Member by any Governmental Entity with respect to any product sold, leased, licensed or delivered by any ONI Group Member. Except as set forth on Schedule 3.10, to the Knowledge of ONI, there is no (i) fact relating to any product sold, leased, licensed or delivered by any ONI Group Member that would impose upon any ONI Group Member a duty to recall any such product or a duty to warn customers of a defect in any such product or (ii) latent or overt design, manufacturing or other defect in any such product. No notice of claim has been served against any ONI Group Member for material renegotiation or price redetermination of any business transaction relating to the business of any ONI Group Member, and, to the Knowledge of ONI, there are no facts upon which any such claim could reasonably be based.

Warranty Matters. Each product sold, leased, licensed or delivered by any ONI Novoste Group Member has been in material conformity with all applicable product specifications and contractual commitments and all express warranties and no ONI warranties. No Novoste Group Member has any Liability, individually or in the aggregate (and to the Knowledge of ONINovoste, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith. Schedule 3.10 4.10 includes copies of the standard terms and conditions of sale of each ONI Novoste Group Member (containing applicable warranty and indemnity provisions). No product sold, leased, licensed or delivered by any ONI Novoste Group Member is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale and such other indemnities and warranties disclosed on Schedule 3.104.10. Except as set forth on Schedule 3.104.10, there are no existing or, to the Knowledge of ONINovoste, threatened product liability, warranty, failure to adequately warn or other similar claims against any ONI Novoste Group Member relating to or involving the products sold, leased, licensed or delivered by any ONI Novoste Group Member. There are no statements, citations, correspondence or decisions by any Governmental Entity stating that any product sold, leased, licensed or delivered by any ONI Novoste Group Member is defective or unsafe or fails to meet any product warranty or any standards promulgated by any such Governmental Entity. There have been no notices of recall served on any ONI Novoste Group Member by any Governmental Entity with respect to any product sold, leased, licensed or delivered by any ONI Novoste Group Member. Except as set forth on Schedule 3.104.10, to the Knowledge of ONINovoste, there is no (i) fact relating to any product sold, leased, licensed or delivered by any ONI Novoste Group Member that would impose upon any ONI Novoste Group Member a duty to recall any such product or a duty to warn customers of a defect in any such product or (ii) latent or overt design, manufacturing or other defect in any such product. No notice of claim has been served against any ONI Novoste Group Member for material renegotiation or price redetermination of any business transaction relating to the business of any ONI Novoste Group Member, and, to the Knowledge of ONINovoste, there are no facts upon which any such claim could reasonably be based.