REACH. The participation in the Joint Registration Dossier may deviate per requesting Non-Lead Member according to its tonnage band or possible opt-outs for certain endpoints.
REACH. 16.1. Seller warrants and represents to Buyer that: (i) it will at all times comply with its obligations under the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation No 1907/2006 (as amended) or any equivalent regime operating in any relevant jurisdiction (“REACH”) at its own cost to the extent permitted by law; (ii) it has a valid REACH registration/pre-registration for all relevant substances within the Goods for Buyer’s use.
16.2. Seller will provide Buyer with a REACH compliant safety data sheet and extended safety data sheet (where relevant) for the Goods.
16.3. Seller will provide, at Seller’s cost, all information and/or assistance reasonably required by Buyer for the purposes of obtaining and/or maintaining its own REACH registration/pre-registration and/or complying or evidencing compliance with REACH.
16.4. Where Seller is for any reason not required to comply with REACH and/or if Seller is unable to REACH register/pre-register the Goods, and/or any relevant substance within the Goods, including where it is unable to maintain such registration/pre-registration, it will immediately inform Buyer. Seller shall also inform Buyer if the Goods and/or any part and/or constituent of the Goods has or is likely to be subject to the authorisation or restriction requirements under REACH.
REACH. Buyer is a manufacturer of products and a downstream user in means of the EC-regulation No. 1907/2006 (“REACH”) [(as amended)] and Supplier warrants to comply with any and all obligations REACH imposes on Supplier, or which are – with regard to REACH – necessary to sell, process or trade the goods sold by Buyer within the EC, including without limitation: (a) necessary pre- registration, registration or authorization of chemical substances or preparations, (b) implementation of internal organizational measures to document REACH compliance, (c) coverage of any use(s) of chemicals or preparations in the goods (as well as in any packaging materials) specified by Buyer or any of Buyer’s customers towards the supplier within (a) and (b), (d) information without delay whether a substance or preparation which has been pre-registered will not be finally registered or authorized within the respective transition period and (e) no sale of any good containing prohibited Substances of Very High Concern (SVHC) ((a) to (e) together “REACH Warranties”). Supplier acknowledges that any breach of a REACH Warranty is in terms of the applicable laws assumed to result in a “defect” of the respective substance, preparation or other good and Supplier will hold Buyer harmless against, and will defend and indemnify Buyer against and will support at suppliers expense any respective proceedings regarding any and all claims, liabilities, expenses and damages caused by the Supplier as a result of breaching the aforesaid Warranties.
REACH. If it becomes apparent that before the submission of the Joint Registration Dossier the actual costs are higher than the payment set out under paragraph 4 above, the Lead Registrant has the right to adjust the payments by requiring additional payment from the Non-Lead Member.
REACH. The Lead Registrant is a member of and duly represents and acts in the name and on behalf of the other members of the FARM and on behalf of the CSCFER ('Lead Members').
REACH. The Lead Registrant is a member of and duly represents and acts in the name and on behalf of the other members of the DBE REACH Consortium ('Lead Members').
REACH. If the Non-Lead Member requests the submission of the Joint Registration Dossier on behalf of its Affiliate(s), only the Non-Lead Member shall be subject to the obligation to compensate the Joint Registration Dossier. Such single Joint Registration Compensation will be calculated on base of the highest tonnage band of Non-Lead Member and Affiliate(s). Accordingly, the Affiliate(s) of the compensating Non-Lead member, or the Affiliate(s) of the non-EU established companies represented by an Only Representatives being a Non-Lead Member, shall also have the right to refer to the Joint Registration Dossier under the same conditions without additional payment. In that case, the Non-Lead Member that has paid the compensation is responsible for compliance of its Affiliate(s) or their Only Representative with the rights and obligations pursuant to this Agreement, including the confidentiality obligations under Title I, Article II of this Agreement.
REACH. The Seller is legally required to declare any Candidate List Substances of very high concern (SVHC) in spares and whole products where present above 0.1% w/w. Data to be declared through the Certificate of Conformity provided with each delivery. Enforcement through national Competent Authority for UK is HSE. Unlimited on fines and up to 2 years’ imprisonment. The Seller should ensure that its IT systems can provide the information required, now and in the future. For further information please refer to:
REACH. 12.1 The Buyer warrants, represents and undertakes to the Seller that it will promptly provide to the Seller such information as may reasonably be required from time to time in order to obtain and maintain REACH Compliance in respect of the Goods and that it shall comply with its obligations under REACH.
12.2 Without prejudice to any of its other rights or remedies, the Seller will have the right to terminate the Contract without any liability to the Buyer immediately upon written notice, if the Seller receives written notice from any competent authority, or in its reasonable opinion decides, that any of the Goods are not or will not become REACH Compliant.
REACH. The Lead Registrant is a member of and duly represents and acts in the name and on behalf of the other members of the consortium ('Lead Members') and shall undertake to assemble and submit the Joint Registration Dossier on behalf of the SIEF by the applicable registration deadline (see article VI 1 of this Agreement).
