Common use of Product recall/ product liability Clause in Contracts

Product recall/ product liability. 1. Where an authority or government agency with the power to order a recall of the delivered goods has notified Us or the Contractor in writing that, or We or the Contractor may have reason to assume that, the delivered goods: a) pose a potential safety risk or could create or cause dangerous situations, including the risk of serious injury or death; b) have a fault, defect or are otherwise of impaired quality; E-494-1807 c) do not comply with statutory or other applicable requirements and standards; and d) to the extent deemed advisable or necessary on these grounds, the delivered goods concerned must be recalled and/or re- paired; We and the Customer will immediately apprise one another of the situation and of the underlying facts and circumstances. 2. Except in cases where a recall is unavoidable because it has been ordered by the competent authority or government agency, We are entitled to decide whether a recall of the delivered goods concerned ("Recall") is appropriate. 3. If a Recall is necessary pursuant to statutory provisions, or where We decide that a Recall is appropriate, the Contractor will promptly develop a plan or plans for implementing corrective measures ("Plans for Corrective Measures"), which will include, among other things, all measures that are necessary and required pursuant to the statutory provisions or other requirements and standards appli- cable in the specific case. The Contractor will present the Plans for Corrective Measures to Us for Our review and approval prior to their implementation. 4. We and the Customer will work together and jointly ensure that the Plans for Corrective Measures are reasonable and acceptable to both parties before their implementation. 5. We may at any time Ourselves undertake any corrective measures and, if applicable, send information to the competent authorities and government agencies involved. In such cases, the Contractor shall cooperate with Us accordingly and offer its full support. 6. Where it is established that the Recall was caused by a fault, defect or other quality impairment or failure to comply with (in particular) quality standards or statutory or other applicable requirements and provisions for which the Contractor must accept responsibility, the Contractor will, at its own expense, and depending on Our election, either carry out all of the repairs and adjustments necessary as part of the Recall, or reasonably compensate Us for all costs incurred as a result of or in connection with Us carrying out the repairs and ad- justments Ourselves. The foregoing does not apply if the Contractor can clear itself of responsibility. 7. In any case, the Contractor shall reasonably compensate Us for all costs We incur in connection with the Recall. These costs particular- ly include all costs for or due to examinations of the delivered goods concerned, repairing or, where repair is not possible, replacing de- livered products, packaging and shipping of recalled delivered prod- ucts, identifying and notifying affected customers and, to the extent necessary, notifying the public and the media. 8. In connection with its liability for damage under clauses XII and XIV, the Contractor shall also reimburse any expenses in accordance with § 683 and § 670 BGB or § 830, § 840 and § 426 BGB arising out of or in connection with any Recall implemented by Us. The foregoing in no way affects any other statutory claims. 9. Each party will consult the other before notifications relating to po- tential safety concerns associated with the relevant products are re- leased to the public, the media or authorities and government agencies. However, there shall be no obligation to consult if prior consultation would prevent timely notification of such safety con- cerns under the relevant statutory provisions. 10. Where the Contractor is liable for loss or damage caused by its goods/services, it shall, on first demand, indemnify Us against damages claims brought by third parties, provided the cause of the loss or damage is within its sphere of organization and control and the Contractor itself is liable as against third parties. 11. In this context, the Contractor shall also reimburse any expenses pursuant to § 683, § 670 BGB arising out of or in connection with any Recall conducted by Us, unless such claim already exists under E-494-1807 § 830, § 840 BGB in conjunction with § 426, § 254 BGB. If, as a re- xxxx of an error caused by the Contractor, third parties sue Us on product liability grounds or We are required under the applicable laws governing the relationship between Us and Our customers to recall products or label them with warnings, the Contractor shall in- demnify Us against all third party claims and bear all of the resulting costs.

Product recall/ product liability. 1. Where an authority or government agency with the power to order a recall of the delivered goods has notified Us or the Contractor in writing that, or We or the Contractor may have reason to assume that, the delivered goods: a) pose a potential safety risk or could create or cause dangerous situations, including the risk of serious injury or death; b) have a fault, defect or are otherwise of impaired quality; E-494-1807; c) do not comply with statutory or other applicable requirements and standards; and d) to the extent deemed advisable or necessary on these grounds, the delivered goods concerned must be recalled and/or re- pairedrepaired; We and the Customer Contractor will immediately apprise one another of the situation and of the underlying facts and circumstances. 2. Except in cases where a recall is unavoidable because it has been ordered by the competent authority or government agency, We are entitled to decide whether a recall of the delivered goods concerned ("Recall") is appropriate. 3. If a Recall is necessary pursuant to statutory provisions, or where We decide that a Recall is appropriate, the Contractor will promptly develop a plan or plans for implementing corrective measures ("Plans for Corrective Measures"), which will include, among other things, all measures that are necessary and required pursuant to the statutory provisions or other requirements and standards appli- cable applicable in the specific case. The Contractor will present the Plans for Corrective Measures to Us for Our review and approval prior to their implementation. 4. We and the Customer Contractor will work together and jointly ensure that the Plans for Corrective Measures are reasonable and acceptable to both parties before their implementation. 5. We may at any time Ourselves undertake any corrective measures and, if applicable, send information to the competent authorities and government agencies involved. In such cases, the Contractor shall cooperate with Us accordingly and offer its full support. 6. Where it is established that the Recall was caused by a fault, defect or other quality impairment or failure to comply with (in particular) quality standards or statutory or other applicable requirements and provisions for which the Contractor must accept responsibility, the Contractor will, at its own expense, and depending on Our election, either carry out all of the repairs and adjustments necessary as part of the Recall, or reasonably compensate Us for all costs incurred as a result of or in connection with Us carrying out the repairs and ad- justments adjustments Ourselves. The foregoing does not apply if the Contractor can clear itself of responsibility. 7. In any case, the Contractor shall reasonably compensate Us for all costs We incur in connection with the Recall. These costs particular- ly particularly include all costs for or due to examinations of the delivered goods concerned, repairing or, where repair is not possible, replacing de- livered delivered products, packaging and shipping of recalled delivered prod- uctsproducts, identifying and notifying affected customers and, to the extent necessary, notifying the public and the media. 8. In connection with its liability for damage under clauses XII and XIV, the Contractor shall also reimburse any expenses in accordance with § 683 and § 670 BGB or § 830, § 840 and § 426 BGB arising out of or in connection with any Recall implemented by Us. The foregoing in no way affects any other statutory claims. 9. Each party will consult the other before notifications relating to po- tential potential safety concerns associated with the relevant products are re- leased released to the public, the media or authorities and government agencies. However, there shall be no obligation to consult if prior consultation would prevent timely notification of such safety con- cerns concerns under the relevant statutory provisions. 10. Where the Contractor is liable for loss or damage caused by its goods/services, it shall, on first demand, indemnify Us against damages claims brought by third parties, provided the cause of the loss or damage is within its sphere of organization and control and the Contractor itself is liable as against third parties. 11. In this context, the Contractor shall also reimburse any expenses pursuant to § 683, § 670 BGB arising out of or in connection with any Recall conducted by Us, unless such claim already exists under E-494-1807 § 830, § 840 BGB in conjunction with § 426, § 254 BGB. If, as a re- xxxx result of an error caused by the Contractor, third parties sue Us on product liability grounds or We are required under the applicable laws governing the relationship between Us and Our customers to recall products or label them with warnings, the Contractor shall in- demnify indemnify Us against all third party claims and bear all of the resulting costs.

Product recall/ product liability. 1. Where an authority or government agency with the power to order a recall of the delivered goods has notified Us or the Contractor in writing that, or We or the Contractor may have reason to assume that, the delivered goods: a) pose a potential safety risk or could create or cause dangerous situations, including the risk of serious injury or death; b) have a fault, defect or are otherwise of impaired quality; E-494-1807; c) do not comply with statutory or other applicable requirements and standards; and d) to the extent deemed advisable or necessary on these grounds, the delivered goods concerned must be recalled and/or re- pairedrepaired; We and the Customer Contractor will immediately apprise one another of the situation and of the underlying facts and circumstances. 2. Except in cases where a recall is unavoidable because it has been ordered by the competent authority or government agency, We are entitled to decide whether a recall of the delivered goods concerned ("Recall") is appropriate. 3. If a Recall is necessary pursuant to statutory provisions, or where We decide that a Recall is appropriate, the Contractor will promptly develop a plan or plans for implementing corrective measures ("Plans for Corrective Measures"), which will include, among other things, all measures that are necessary and required pursuant to the statutory provisions or other requirements and standards appli- cable applicable in the specific case. The Contractor will present the Plans for Corrective Measures to Us for Our review and approval prior to their implementation. 4. We and the Customer Contractor will work together and jointly ensure that the Plans for Corrective Measures are reasonable and acceptable to both parties before their implementation. 5. We may at any time Ourselves undertake any corrective measures and, if applicable, send information to the competent authorities and government agencies involved. In such cases, the Contractor shall cooperate with Us accordingly and offer its full support. 6. Where it is established that the Recall was caused by a fault, defect or other quality impairment or failure to comply with (in particular) quality standards or statutory or other applicable requirements and provisions for which the Contractor must accept responsibility, the Contractor will, at its own expense, and depending on Our election, either carry out all of the repairs and adjustments necessary as part of the Recall, or reasonably compensate Us for all costs incurred as a result of or in connection with Us carrying out the repairs and ad- justments adjustments Ourselves. The foregoing does not apply if the Contractor can clear itself of responsibility. 7. In any case, the Contractor shall reasonably compensate Us for all costs We incur in connection with the Recall. These costs particular- ly particularly include all costs for or due to examinations of the delivered goods concerned, repairing or, where repair is not possible, replacing de- livered delivered products, packaging and shipping of recalled delivered prod- uctsproducts, identifying and notifying affected customers and, to the extent necessary, notifying the public and the media. 8. In connection with its liability for damage under clauses XII and XIV, the Contractor shall also reimburse any expenses in accordance with § 683 and § 670 BGB or § 830, § 840 and § 426 BGB arising out of or in connection with any Recall implemented by Us. The foregoing in no way affects any other statutory claims. 9. Each party will consult the other before notifications relating to po- tential potential safety concerns associated with the relevant products are re- leased released to the public, the media or authorities and government agencies. However, there shall be no obligation to consult if prior consultation would prevent timely notification of such safety con- cerns concerns under the relevant statutory provisions. 10. Where the Contractor is liable for loss or damage caused by its goods/services, it shall, on first demand, indemnify Us against damages claims brought by third parties, provided the cause of the loss or damage is within its sphere of organization and control and the Contractor itself is liable as against third parties. 11. In this context, the Contractor shall also reimburse any expenses pursuant to § 683, § 670 BGB arising out of or in connection with any Recall conducted by Us, unless such claim already exists under E-494-1807 § 830, § 840 BGB in conjunction with § 426, § 254 BGB. If, as a re- xxxx result of an error caused by the Contractor, third parties sue xxx Us on product liability grounds or We are required under the applicable laws governing the relationship between Us and Our customers to recall products or label them with warnings, the Contractor shall in- demnify indemnify Us against all third party claims and bear all of the resulting costs.

Product recall/ product liability. 1. Where an authority or government agency with the power to order a recall of the delivered goods has notified Us or the Contractor in writing that, or We or the Contractor may have reason to assume that, the delivered goods: a) pose a potential safety risk or could create or cause dangerous situations, including the risk of serious injury or death; b) have a fault, defect or are otherwise of impaired quality; E-494MRT-002-1807 c) do not comply with statutory or other applicable requirements and standards; and d) to the extent deemed advisable or necessary on these grounds, the delivered goods concerned must be recalled and/or re- paired; We and the Customer will immediately apprise one another of the situation and of the underlying facts and circumstances. 2. Except in cases where a recall is unavoidable because it has been ordered by the competent authority or government agency, We are entitled to decide whether a recall of the delivered goods concerned ("Recall") is appropriate. 3. If a Recall is necessary pursuant to statutory provisions, or where We decide that a Recall is appropriate, the Contractor will promptly develop a plan or plans for implementing corrective measures ("Plans for Corrective Measures"), which will include, among other things, all measures that are necessary and required pursuant to the statutory provisions or other requirements and standards appli- cable in the specific case. The Contractor will present the Plans for Corrective Measures to Us for Our review and approval prior to their implementation. 4. We and the Customer will work together and jointly ensure that the Plans for Corrective Measures are reasonable and acceptable to both parties before their implementation. 5. We may at any time Ourselves undertake any corrective measures and, if applicable, send information to the competent authorities and government agencies involved. In such cases, the Contractor shall cooperate with Us accordingly and offer its full support. 6. Where it is established that the Recall was caused by a fault, defect or other quality impairment or failure to comply with (in particular) quality standards or statutory or other applicable requirements and provisions for which the Contractor must accept responsibility, the Contractor will, at its own expense, and depending on Our election, either carry out all of the repairs and adjustments necessary as part of the Recall, or reasonably compensate Us for all costs incurred as a result of or in connection with Us carrying out the repairs and ad- justments Ourselves. The foregoing does not apply if the Contractor can clear itself of responsibility. 7. In any case, the Contractor shall reasonably compensate Us for all costs We incur in connection with the Recall. These costs particular- ly include all costs for or due to examinations of the delivered goods concerned, repairing or, where repair is not possible, replacing de- livered products, packaging and shipping of recalled delivered prod- ucts, identifying and notifying affected customers and, to the extent necessary, notifying the public and the media. 8. In connection with its liability for damage under clauses XII and XIV, the Contractor shall also reimburse any expenses in accordance with § 683 and § 670 BGB or § 830, § 840 and § 426 BGB arising out of or in connection with any Recall implemented by Us. The foregoing in no way affects any other statutory claims. 9. Each party will consult the other before notifications relating to po- tential safety concerns associated with the relevant products are re- leased to the public, the media or authorities and government agencies. However, there shall be no obligation to consult if prior consultation would prevent timely notification of such safety con- cerns under the relevant statutory provisions. 10. Where the Contractor is liable for loss or damage caused by its goods/services, it shall, on first demand, indemnify Us against damages claims brought by third parties, provided the cause of the loss or damage is within its sphere of organization and control and the Contractor itself is liable as against third parties. 11. In this context, the Contractor shall also reimburse any expenses pursuant to § 683, § 670 BGB arising out of or in connection with any Recall conducted by Us, unless such claim already exists under E-494MRT-002-1807 § 830, § 840 BGB in conjunction with § 426, § 254 BGB. If, as a re- xxxx of an error caused by the Contractor, third parties sue Us on product liability grounds or We are required under the applicable laws governing the relationship between Us and Our customers to recall products or label them with warnings, the Contractor shall in- demnify Us against all third party claims and bear all of the resulting costs.