Common use of PRODUCT LIABILITY AND INSURANCE Clause in Contracts

PRODUCT LIABILITY AND INSURANCE. 15.1 Subject to fulfilment by the Distributor of all the conditions contained in this Clause 13, and the limitations of section 15, the Supplier shall indemnify the Distributor against any liability incurred by the Distributor in respect of damage to property, death or personal injury arising from any fault or defect in the materials or workmanship of the Products and any reasonable costs, claims, demands and expenses arising out of or in connection with that liability (the “Relevant Claim”), except to the extent that the liability arises as a result of the omission or negligence of the Distributor. 15.2 The Distributor shall, immediately it becomes aware of a matter which may result in a Relevant Claim: (a) give written notice to the Supplier of the details of the matter; (b) afford access to the Supplier and permit copies to be taken of any materials, records or documents as the Supplier may require to take action under Clause 12.2(c); (c) allow the Supplier the exclusive conduct of any proceedings and take whatever action as the Supplier shall direct to defend or resist the matter, including the use of professional advisers nominated by the Supplier; and (d) not admit liability or settle the matter without the written consent of the Supplier. 15.3 The Supplier shall for the duration of this Agreement maintain with a reputable insurance company, professional indemnity insurance, product liability insurance and public liability insurance to cover such heads of liability as may arise under or in connection with this Agreement, which as a minimum shall be not less than $5 million for any one occurrence and not less than $5 million in the aggregate in any one year and shall provide a copy of the insurance policy to the Distributor on written request. 15.4 The Distributor undertakes to maintain appropriate up-to-date and accurate records of the location of Products in the event that recall or remedial action be required. The Distributor shall, at the Supplier’s cost, give such assistance as the Supplier shall require for the purpose of recalling or re-working as a matter of urgency any Products.

PRODUCT LIABILITY AND INSURANCE. 15.1 10.1 Subject to fulfilment by the Distributor of fulfilling all the conditions contained in this Clause 13, and the limitations of section 15clause 10, the Supplier shall indemnify the Distributor Distributor, defend and hold harmless against any liability incurred by the Distributor in respect of damage to property, death or personal injury arising from any fault or defect in the materials or workmanship design of the Products and any reasonable costs, claims, demands and expenses expenses, including reasonable attorneys' fees, arising out of or in connection with that liability (the “Relevant Claim”), except to the extent that the liability arises as a result of the omission or negligence wilful misconduct of the Distributor. The Supplier shall add the distributor to their current insurance certificate. 15.2 10.2 The Distributor shall, immediately it becomes aware within five days of a matter which may result in a Relevant Claim: (a) give the Supplier written notice to the Supplier of the details of the matter; (b) afford give the Supplier access to the Supplier and permit allow copies to be taken of any materials, records or documents as the Supplier may require to take action under Clause 12.2(cclause 10.2(c); (c) allow the Supplier the exclusive conduct of any proceedings and take whatever any action as that the Supplier shall direct requires to defend or resist the matter, including the use of using professional advisers nominated by the Supplier; and (d) not admit liability or settle the matter without the Supplier's written consent of the Supplierconsent. 15.3 The 10.3 During the Term, the Supplier shall for the duration of this Agreement maintain product liability insurance with a reputable insurance company, professional indemnity insurance, product liability insurance and public liability insurance to cover such heads insurer of liability as may arise under or in connection with this Agreement, which as a minimum shall be not no less than $5 AU$10 million for any one occurrence for any and not less than $5 million in all liability (however arising) for a claim that the aggregate in any one year and Products are faulty or defective. The Supplier shall provide a copy of the insurance policy to the Distributor on written request. 15.4 10.4 The Distributor undertakes to maintain appropriate appropriate, up-to-date and accurate records to enable the immediate recall of the location any Products or batches of Products in from the event that recall retail or remedial action be requiredwholesale markets. These records shall include records of deliveries to customers (including batch numbers, delivery date, name and address of customer, telephone number, fax number and e-mail address). 10.5 The Distributor shall, at the Supplier’s 's cost, give such any assistance as that the Supplier shall reasonably require for the purpose of recalling or re-working to recall, as a matter of urgency any Productsurgency, Products from the retail or wholesale market.

PRODUCT LIABILITY AND INSURANCE. 15.1 11.1. Subject to fulfilment by the Distributor of all the conditions contained in this Clause 13, and the limitations of section 15clause 11, the Supplier shall indemnify the Distributor against any liability incurred by the Distributor in respect of damage to property, death or personal injury arising from any fault or defect in the materials or workmanship of the Products and any reasonable costs, claims, demands and expenses arising out of or in connection with that liability (the “Relevant Claim”), except to the extent that the liability arises as a result of the action or omission or negligence of the Distributor. 15.2 11.2. The Distributor shall, immediately it becomes aware of a matter which may result in a Relevant Claim: (a) 11.2.1. give written notice to the Supplier of the details of the matter; (b) 11.2.2. afford access to the Supplier and permit copies to be taken of any materials, records or documents as the Supplier may require to take action under Clause 12.2(c)clause 11.2.3; (c) 11.2.3. allow the Supplier the exclusive conduct of any proceedings and take whatever action as the Supplier shall direct to defend or resist the matter, including the use of professional advisers nominated by the Supplier; and (d) 11.2.4. not admit liability or settle the matter without the written consent of the Supplier. 15.3 11.3. Where the matter concerns a failure by a customer to use a Product correctly or in accordance with instructions then the Distributor shall be responsible for handling such matter and dealing with the customer. 11.4. The Supplier shall maintain product liability insurance for the duration of this Agreement maintain agreement of not less than £5 million per annum with a reputable insurance company, professional indemnity insurance, product liability insurance and public liability insurance to cover such heads of liability as may arise under or in connection with this Agreement, which as a minimum shall be not less than $5 million for any one occurrence and not less than $5 million in the aggregate in any one year insurer and shall provide a copy of the insurance policy to the Distributor on written requestrequest by the latter. 15.4 11.5. The Distributor undertakes to maintain appropriate up-to-date and accurate records to enable the immediate recall of any batches of the location Products or any of Products in them from the event that recall retail or remedial action be requiredwholesale markets. These records shall include records of deliveries to customers (including details of batch numbers, delivery date, name and address of customer, and telephone number and fax or telex number if available). 11.6. The Distributor shall, at the Supplier’s 's cost, give such assistance as the Supplier shall require for the purpose of recalling or re-working as a matter of urgency any Productsquantities of the Products or any of them from the retail or wholesale market.