LIABILITY - PRODUCT LIABILITY. With respect to products or processes resulting from a Party's participation in an SAA, each Party that markets, distributes, or otherwise provides such product, or a product designed or produced by such a process, directly to the public will be solely responsible for the safety of the product or process.
LIABILITY - PRODUCT LIABILITY. If MATEC is confronted with a claim on account of product liability, the supplier is obliged to exempt MATEC from such claims upon first request, so long as and to the extent that the damage is caused by a defect in the contracted goods delivered by the supplier. In the cases of a liability regardless of culpability of MATEC this would be still applicable only then, if the supplier is also at fault. So long as the source of damage lies within the range of responsibility of the supplier, the latter bears the burden of proof to that extent. The supplier takes over in these cases all costs and expenses including the costs of a possible prosecution or product recall. Other legal claims remain unaffected. To ensure the exemption obligation, accepted as per 6, first paragraph, the supplier is obliged to mark the goods delivered by him in such a manner, that they can be permanently identified as his goods. The supplier is obliged to maintain quality assurance corresponding to the latest position of technical and legal requirements and to prove it on demand to MATEC. The supplier is further obliged to insure himself for a suitable amount against all risks from product liability including the precautionary risk of product recall and to show this insurance to MATEC on demand. Additional claims for damage compensation from the side of MATEC against the supplier remain unaffected.
LIABILITY - PRODUCT LIABILITY. With respect to products or processes resulting from a Party's participation in a Space Act Agreement, each Party that markets, distributes, or otherwise provides such product, or a product designed or produced by such a process, directly to the public will be solely responsible for the safety of the product or process.
