Product liability. All and any regress claims raised against the Seller by the Buyer or third parties based on product liability in the meaning of the Austrian Law on Product Liability (PHG) are expressly excluded, unless the claimant can prove, that a defect was caused in the sphere of responsibility of the Seller and was caused at least by gross negli- gence of the Seller.
Product liability. 1) If a product liability claim is asserted against the contractual partner of the ordered item which were processed or treated, combined or mixed with other items, on the basis of product liability, so haften wir im Innenverhältnis nur dann und insoweit, als der Auftragsgegenstand den Produktfehler verursacht hat. Der Be- weis dafür obliegt dem Vertragspartner.
2) Der Vertragspartner ist verpflichtet, uns von Ansprüchen aus der Produkthaftung freizu- halten, soweit wir den die Haftung auslö- senden Fehler nicht zu vertreten haben.
Product liability a. If the Supplier is responsible for damage caused by a product, the Supplier is obliged to indemnify us against claims for damages brought by third parties on first demand. Where the Supplier is liable, the Supplier is also obliged to refund any expenses under secs. 683, 670 Civil Code (BGB) and under secs. 830, 840, 426 BGB arising from or in connection with any recall action that we undertake. As far as possible and reasonable, we shall notify the Supplier of the subject matter and extent of any recall actions to be undertaken and give the Supplier an opportunity to make a statement.
b. The Supplier undertakes to maintain product-liability insurance with a lump-sum cover amount of €5.0 million per personal injury/property-damage claim. This does not affect any claims to damages that we may have that exceed this amount. The Supplier is obliged to provide us on request with a copy of the product-liability insurance policy and verification of payment of the premiums.
Product liability. 1. The customer shall not change the products, in particular it shall not change or remove existing warnings about dangers due to improper use of the products. In the event of a breach of this obligation, the customer releases Model internally from third party product liability claims, unless the customer is not responsible for the change in the products.
2. If Model is prompted to recall or to issue a warning about a product due to a defect in the product, the customer shall do its best to assist in the measures that Model considers necessary and expedient and shall support Model in the matter, in particular in determining the customer data re- quired. The customer is obligated to bear the costs of the product recall or warning, unless it is not responsible for the product defect according to the principles of product liability law. Further claims of Model remain unaffected.
3. The customer shall immediately inform Model in writing of any risks that become known to it when using the products and possible product defects.
Product liability. 10.1 If the Supplier is responsible for a product damage, then it agrees, upon first demand made, to indemnify SCHOTT with respect to any third party compensatory damage claims, to the extent that the cause of the damage was within its sphere of organisation and control and it itself is liable to third parties.
10.2 In the scope of its liability within the meaning of item 10.1, the Supplier will also be obligated to reimburse any expenses which arise from or are connected with a recall campaign carried out by SCHOTT in accordance with §§ 683, 670 BGB or in accordance with §§ 830, 840, 426 BGB. SCHOTT shall inform the Supplier about the content and scope of any such implemented recall campaign – to the extent feasible and reasonable – and will provide it with the opportunity to present its opinion.
10.3 SCHOTT reserves any statutory claims or rights, which it may have as a customer.
Product liability a) In the event that a claim is made against us on the basis of product liability, the Supplier undertakes to indemnify us against such claims by third parties, if and to the extent that a fault is caused by the contractual object delivered by the Supplier. This will only apply in cases of fault-based liability where the Supplier is at fault.
b) In the instances at Article 10.1, the Supplier will cover all costs and expenses, including any costs of taking legal action.
c) In all other respects, statutory provisions shall apply.
d) Prior to a recall campaign, which results, in whole or in part, from a defect in the contractual object delivered by the Supplier, we will inform the Supplier, providing it with the opportunity to collaborate and discuss with us how to implement the campaign effectively, unless notification of, or collaboration by, the Supplier is impossible on account of particular urgency. Insofar as a recall campaign results from a defect of the contractual object delivered by the Supplier, the Supplier will bear the costs of the recall campaign.
e) The Supplier undertakes to take out business and product liability insurance to cover all risks arising in connection with the supply of the contractual objects, which also includes recall measures with global coverage and a coverage amount of at least 5,000,000.00 euros per event of damage and shall maintain this insurance cover for the duration of the supply relationship and for five years following its expiry. Upon request, the Supplier will issue a corresponding certificate of insurance to us.
Product liability. The liability of NEUMAN for damages to property resulting from a faulty product, which the customer suffers as an entrepreneur, shall be excluded. Customer claims against NEUMAN for damages due to faulty products shall be limited to malicious intent and gross negligence. The customer, else being liable for damages, shall impose this exoneration clause in favour of NEUMAN also upon any of his customers. The limitation of product liability of NEUMAN shall same apply on goods and packaging.
Product liability. 10.1 If the Supplier is responsible for product damage, it hereby indemnifies Eimermacher against claims asserted by third parties to that extent that the grounds for the damage are within its sphere of influence and organisation and it can be held liable in relation to third parties.
10.2 Within the scope of its duty of indemnification, the Supplier must reimburse expenses arising from or in relation to claims asserted by third parties, including product recalls carried out by Xxxxxxxxxxx, in accordance with Sections 683 and 670 BGB. Eimermacher will notify the Supplier of the nature and extent of product recall measures and, where possible and reasonable, permit the Supplier to make a statement. Other statutory claims remain unaffected by these provisions.
10.3 The Supplier must take out and maintain product liability insurance with a minimum of EUR 5 million coverage for personal injuries and property damage. At Eimermacher’s request, the Supplier must provide evidence of the corresponding policy.
Product liability. (1) Our liability for defective products vis-à-vis third parties (including employees, staff etc. of the Buyer) shall be governed by the statutory provisions. The Buyer may derive claims against us from this, in par- ticular within the framework of a joint and several debtor compensa- tion, at most to the extent that we ourselves are liable in the external relationship and we have culpably (co-)caused the defect.
(2) If the Buyer is obliged to carry out a risk prevention measure (e.g., product recall) due to a defective product delivered to him by us, we shall participate in the costs demonstrably incurred by the Buyer for this purpose in accordance with the statutory provisions, but only to the extent that:
a) we ourselves are obliged to avert danger and have culpably (co-)caused the defect of the product;
b) the purchaser has informed us in advance of the type and scope of the risk prevention measure, including the participation at- tributable to us - insofar as this is possible and reasonable - and has given us the opportunity to comment; and
c) the risk prevention measure carried out was legally and neces- sary, considering all circumstances of the individual case.
(3) If claims are asserted against us by third parties due to a defective product delivered by us to the Buyer, the Buyer shall indemnify us against such claims to the extent that the Buyer is solely or predom- inantly responsible internally for the defect giving rise to the liability, in particular due to defective inspection and/or further processing of the goods, taking into account any agreements on quality assurance existing between the parties or instructions and directions given by us.
Product liability. (1) If the seller is responsible for product damage, he shall ex- empt us from third-party claims insofar as the cause lies within his domain and organization and he is himself liable against third parties.
(2) Within his indemnity obligation the seller shall refund ex- penditure in accordance with sections 683, 670 of the German Civil Code arising from or in connection with any hazard prevention action that may be undertaken by a third party, in- cluding us (e.g. product recall). We shall inform the seller in advance on the content and scope of recall measures, as far as this is possible and reasonable, and give him an oppor- tunity to make a statement. Further legal claims shall remain unaffected.
(3) The seller shall conclude and maintain a product liability insur- ance policy with a lump sum of coverage of at least ten million Euros per damage to person/property. On our request and for individual cases, the insurance shall also be extended to recall costs.