Common use of Customer Complaints, Inquiries/Technical Support Clause in Contracts

Customer Complaints, Inquiries/Technical Support. Distributor will be responsible as the first point of contact for technical support with the Customer. Distributor will further provide technical support on the usage of Products by the Customers based upon information supplied by Manufacturer, at no cost to Manufacturer or to the Customers. Customer feedback, the occurrence of incidents and/or serious public health threats will be reported, in writing, by Distributor to Manufacturer with three (3) business days. Without prejudice to the preceding sentence, if Distributor is obligated by Territory laws to report such occurrence to regulatory authorities in the Territory, Distributor shall report the occurrence first or simultaneously to Manufacturer. Distributor will also provide a direct line of communication with Manufacturer for matters of vigilance and post-market surveillance (early warning) in accordance with the local regulatory requirements of the Territory. Distributor shall provide Manufacturer with any desirable assistance in relation to the suspension or withdrawal of a Product, which may be decided by Manufacturer in its sole discretion or required by any competent authorities in the Territory. In this respect, in accordance with Manufacturer’s instructions, Distributor shall, without limitation, (i) recall any batch of products, (ii) reimburse its Customers for the price of the Products recalled; (iii) hold, destroy or send back to Manufacturer the Products recalled; and (iv) provide Manufacturer with a certificate of destruction or the Products recalled where applicable. Manufacturer shall reimburse Distributor for Distributor’s reasonable, out-of-pockets costs arising from a Product recall.

Appears in 13 contracts

Samples: Distribution Agreement (Kips Bay Medical, Inc.), Distribution Agreement (Kips Bay Medical, Inc.), Distribution Agreement (Kips Bay Medical, Inc.)

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Customer Complaints, Inquiries/Technical Support. Distributor will be responsible as the first point of contact for technical support with the Customer. Distributor will further provide technical support on the usage of Products by the Customers based upon information supplied by Manufacturer, at no cost to Manufacturer or to the Customers. , Customer feedback, the occurrence of incidents and/or serious public health threats will be reported, in writing, by Distributor to Manufacturer with three (3) business days. Without prejudice to the preceding sentence, if Distributor is obligated by Territory laws to report such occurrence to regulatory authorities in the Territory, . Distributor shall report the occurrence first or simultaneously to Manufacturer. Distributor will also provide a direct line of communication with Manufacturer for matters of vigilance and post-market surveillance (early warning) in accordance with the local regulatory requirements of the Territory. Distributor shall provide Manufacturer with any desirable assistance in relation to the suspension or withdrawal of a Product, which may be decided by Manufacturer in its sole discretion or required by any competent authorities in the Territory. In this respect, in accordance with Manufacturer’s instructions, Distributor shall, without limitation, (i) recall any batch of products, (ii) reimburse its Customers for the price of the Products recalled; (iii) hold, destroy or send back to Manufacturer the Products recalled; , and (iv) provide Manufacturer with a certificate of destruction or the Products recalled where applicable. Manufacturer shall reimburse Distributor for Distributor’s reasonable, out-of-pockets costs arising from a Product recall.

Appears in 1 contract

Samples: Distribution Agreement (Kips Bay Medical, Inc.)

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