Common use of Product Liability and Recall Clause in Contracts

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. 9.2. In the cases of paragraph 9.1 above, the supplier assumes all costs and expenses, including the costs of any legal action. 9.3. In all other respects the provisions of statute shall apply. 9.4. 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.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase

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Product Liability and Recall. 9.16.1. 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. 9.26.2. In the cases of paragraph 9.1 6.1 above, the supplier assumes all costs and expenses, including the costs of any legal action. 9.36.3. In all other respects the provisions of statute shall apply. 9.46.4. 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.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Product Liability and Recall. 9.1. 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 it is not at fault. 9.2. 9.2 In the cases of paragraph 9.1 above, the supplier assumes all costs and expenses, including the costs of any legal action. 9.3. 9.3 In all other respects the provisions of statute shall apply. 9.4. 9.4 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.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Product Liability and Recall. 9.1. 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 sup- plier 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 it is not at fault. 9.2. 9.2 In the cases of paragraph 9.1 above, the supplier assumes all costs and expenses, including the costs of any legal action. 9.3. 9.3 In all other respects the provisions of statute shall apply. 9.4. 9.4 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 collabo- ration 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.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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Product Liability and Recall. 9.1. 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 he it is not at fault. 9.2. 10.2 In the cases of paragraph 9.1 10.1 above, the supplier assumes all costs and expenses, including the costs of any legal action. 9.3. 10.3 In all other respects the provisions of statute shall apply. 9.4. 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.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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