Product Liability and Recall. 9.1. In the event a product liability claim is asserted against us, the supplier is obliged to hold us harmless from such claims if and to the extent the damage was caused by a defect in the Product supplied by the supplier. In cases of liability based on fault, this only applies, however, if the supplier is at fault. Insofar as the cause of the damage falls within the area of responsibility of the supplier, the supplier must prove that he is not at fault.
Product Liability and Recall. 1. The supplier shall take out business and product liability insurance with sufficient cover, including cover for measures to remedy defects in the parts, accessories or equipment of motor, rail or water-borne vehicles where such products were clearly intended for use or installation in motor, rail or water-borne vehicles at the time of delivery by the supplier or a third party engaged by the supplier. If the Purchaser is entitled to further compensation claims, these shall not be affected.
Product Liability and Recall. 1. The Supplier promises to take out public and product liability insurance with an adequate sum insured: the policy must also cover measures to remedy defects in parts, accessories or fixtures in motor or rail vehicles or watercraft if these products, when delivered by the Supplier or third parties acting on its orders, were manifestly intended for use or installation in motor or rail vehicles or watercraft. Any further claims for damages to which the Buyer is entitled shall not be thereby affected.
Product Liability and Recall. (a) The materials, products and services distributed or marketed by the Company and each of its Subsidiaries have made all material disclosures to users or customers required by applicable Law, and none of such disclosures made or contained in any such materials have been inaccurate, misleading or deceptive in any material respect, except, in each case, as would not reasonably be expected to result in material Liability to the Company.
Product Liability and Recall. Except as set forth on Schedule 4.26, since January 1, 2013, no Acquired Company has (i) initiated a product recall, (ii) received any product warranty claims in excess of $50,000 in the aggregate in a calendar year, (iii) other than in the ordinary course of business, received any claims of injury to persons or damage to property in respect of products sold or (iv) incurred any material liability by reason of any express or implied warranty or under any applicable Laws with respect to any product or service sold, rendered, or distributed by or on behalf of an Acquired Company. To the Knowledge of the Company, no product manufactured or distributed by it contains any defect or was manufactured or distributed in material violation of any Applicable Law.
Product Liability and Recall. 10.1 In the event a product liability claim is asserted against us, the supplier is obliged to hold us harmless from such claims if and to the extent the damage was caused by a defect in the Product supplied by the supplier. In cases of liability based on fault, this only applies, however, if the supplier is at fault. Insofar as the cause of the damage falls within the area of responsibility of the supplier, the supplier must prove that it is not at fault. 10.2 In the cases of paragraph 10.1 above, the supplier assumes all costs and expenses, including the costs of any legal action, except the costs are in total not necessary and adequate. 10.3 To all the non-foreseen situations, it shall be applicable the legal provisions in force regarding safety of machines and equipment. 10.4 Prior to any recall action which is partially or wholly due to a defect in a Product supplied by the supplier, we shall notify the supplier, give the supplier the opportunity to collaborate and discuss with the supplier the efficient conduct of the recall action, unless no notification of or collaboration by the supplier is possible on account of the particular urgency. The costs of the recall action shall be borne by the supplier insofar as a recall action is due to a defect in a Product supplied by the supplier, except itis not accountable for the defect. A contributory negligence on our part shall be taken into account regarding the costs which are borne by the supplier, according to § 254 BGB. 11
Product Liability and Recall. In the event a product liability claim is asserted against us, the supplier is obliged to hold us harmless from such claims if and to the extent the damage was caused by a defect in the Product supplied by the supplier. In cases of liability based on fault, this only applies, however, if the supplier is at fault. Insofar as the cause of the damage falls within the area of responsibility of the supplier, the supplier must prove that it is not at fault. The supplier assumes all costs and expenses, including the costs of any legal action. In all other respects, the provisions of statute shall apply.
Product Liability and Recall. (a) All products currently manufactured and/or sold by the Company since January 1, 2007 complied in all material respects with any applicable Italian laws, rules and regulations and their technical specifications.
Product Liability and Recall. 11.1 In the event a product liability claim is asserted against Bosch, Supplier shall indemnify and hold harmless Bosch in the manner set out in Clause 10.2, to the extent that the product liability claim and/or resulting damage was caused by a defect in the Contract Products. Insofar as the cause of the damage falls within Supplier’s area of responsibility, the burden of proof will be on Supplier to prove that it is not at fault.
Product Liability and Recall. 15.1 Should a third party bring a claim against the Customer for compensation for personal injury, death or damage to moveable or real property alleged to have been caused by and/or related to the use and/or possession of the Deliverables or the Customer in any other way becomes aware of a Safety Defect or other dangerous defects in the Deliverables, the Customer must (i) to the extent possible prevent and limit the danger and damage; and (ii) immediately inform the Supplier so that necessary measures can be implemented.
