Frequency/market practice: 20-50% is common for business warranties, especially on auction sales. Fundamental warranties are limited at 100%. Any leakage from locked box to the seller's benefit has to be reimbursed on a dollar-for-dollar basis post-closing if identified before the typical limitation period of 3 to 12 months.
Frequency/market practice: Both seen regularly although buyers strongly resist the whole agreement which otherwise might risk capping claims for purchase price adjustments or non-competes/confidentiality covenants.
Frequency/market practice: Fundamental warranties are sometimes accepted (e.g., title, capitalization, authority). Often, tax and specific areas of concern are also accepted, sometimes with specific higher caps. Separate caps for fundamental, tax and business warranties can be negotiated.
Frequency/market practice: Deductible is usually resisted and instead a tipping basket is more common.
Frequency/market practice: Fairly common: 0.1-0.3% for individual claims and 1-3% for tipping basket.
Frequency/market practice: This is tied to one, and in rarer cases two, full year audits. Tax is commonly tied to the statutory limitation period (generally four years for Singapore income tax, and five years for Singapore goods and services tax, subject to exceptions). Title/capacity warranties usually have a longer period or are based on statutory limitations period (six years for Singapore). Locked box liability (i.e. claims for ‘leakage’) is typically limited to between three and 12 months.
Frequency/market practice: Fraud is usually carved out. Tax is commonly a longer claim period (three to four years for Singapore entities/assets) than general warranties.
Frequency/market practice: Used almost as standard in private equity exits and sectors with high industry-specific risks, and becoming more common across the board. Coverage options for warranty insurance products are increasing and in some instances, can be adapted to cover specific identified risks.