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. 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. Irrespective of the existence of legal protection rights all documentation, technical drawings and other works generated by XXXXXX, including all techniques applied by XXXXXX for manufacture and design of the goods, preliminary to or upon processing of an order, shall always remain sole intellectual property of NEUMAN. The customer may not use for own manufacturing purposes, even not upon further technical development, and may not disclose or make available in any manner whatsoever to third parties, any such know how which he gained access to by receipt from NEUMAN of constructions, deliveries, information on the manufacturing processes or likewise information. In the event of any violation by the customer of the obligations imposed hereby NEUMAN may enforce against the customer the rights provided to a patent owner by the Austrian Patent Act in case of an infringement of patent rights. The customer shall always fully indemnify, and hold harmless, NEUMAN from and against all third party claims in respect of infringements of patents or other intellectual property rights caused by component goods, group of component goods or other goods or services which were not developed by XXXXXX.
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.
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.
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.
Product liability. (1) If the Seller is responsible for product damage, it shall indemnify us against claims by third parties to the extent that the cause lies within its sphere of control and organization and it is liable itself in relation to third parties.
Product liability. (1) Our liability for defective products vis-à-vis third parties (in- cluding employees, staff, etc. of the purchaser) shall be gov- erned by the statutory provisions. The Buyer may derive claims against us from this, in particular within the framework of a joint and several debtor compensation, at most to the extent that we ourselves are liable in the external relationship and we have culpably (co-)caused the defect.
Product liability. Allfällige Regressforderungen, die Käufer oder Dritte aus dem Titel „Produkthaftung“ i.S.d PHG gegen uns richten, sind ausgeschlossen, es sei denn, der Regressberechtigte weist nach, dass der Fehler in unserer Sphäre verursacht und zumindest grob fahrlässig verschuldet worden ist.
Product liability. 9.1 In the event that claims are made against us on the basis of product liability, the supplier shall be obliged to indemnify us against such claims of third parties if and to the extent that the damage was caused by a defect in the delivery item delivered by the supplier. In the case of fault-based liability, this only applies if the supplier is at fault. 9.2 In the cases of clause 9.1, the supplier shall assume all costs and expenses, including the costs of any legal action. 9.3 Otherwise the statutory provisions shall apply. 9.4 Prior to a recall action which is wholly or partly the consequence of a defect in the subject matter of the contract delivered by the supplier, we shall inform the supplier, give him the opportunity to cooperate and exchange information with him on efficient implementation, unless the supplier cannot be informed or involved due to particular urgency. If a recall action is the consequence of a defect in the subject matter of the contract delivered by the supplier, the supplier shall bear the costs of the recall action. 9.5 To cover the risks arising in connection with the delivery of the contractual items, the supplier undertakes to take out a business and product liability insurance policy, which also includes recall measures, with a worldwide scope of cover and a contribution margin of at least EURO 5,000,000 per damaging event and to maintain this insurance cover for the duration of the supply relationship plus five years after expiry. On request, the supplier will provide us with a corresponding insurance certificate. 10. execution of work Persons of the supplier who, in fulfilment of the contract, carry out work on the premises of us or of the third party named by us must observe the provisions of the respective company regulations of us or of the named third party. Liability for accidents occurring to these persons on the factory premises is excluded, unless such accidents were caused by intentional or grossly negligent breach of duty by our legal representatives or vicarious agents. 11.
Product liability. 1. In the event that claims are brought against MD on the grounds of infringing sa- fety regulations or pursuant to German or foreign production liability provisions due to defects or deviations in MD products resulting from faulty goods delivered by the Supplier, MD shall be entitled to demand compensation from the Supplier for such damages insofar as these were caused by goods supplied by the latter; or as an alternative, MD can demand release from claims by a third party for payment upon first demand. Where MD is required to call back goods from third parties for reasons induced by a non-conformity in the product supplied by the Supplier, the Supplier agrees to bear any costs that may be incurred in connec- tion with the call back campaign as specified in the previous sentence. Where civil responsibility for own fault as well as the fault of vicarious agent applies, the Supplier also agrees to indemnify proportionally MD against any costs incurred by running a replacement or call-back campaign in line with the percentage of contributory negligence attributable to the Seller even if no such order was expli- citly issued by operation of law or by public authorities. 2. The provisions of part VIII shall apply where the items of capital expenditure may not be used by MD in accordance with the contract because of a culpable failure on the part of the Supplier to make proposals or provide advice before or after formation of contract or culpable provision of faulty advice or making of erroneous proposals before or after formation of contract or as a result of commission of a culpable breach of other ancillary obligations related to the contract – including but not limited to operating and maintenance instructions for the delivered item. This shall be without prejudice to the right to assert additional statutory rights. 3. In the case of series parts, the Supplier undertakes to maintain a reasonable extended lump-sum product liability insurance included fitting and removal costs and call-back insurance with an adequate sum insured for bodily injury / property damage and has to confirm it once a year unsolicited in writing; this shall be without prejudice to additional claims for damages MD may have, if any. 4. The Supplier shall carry out quality controls of an appropriate kind and scope based on state-of-the-art technical standards and on request shall furnish MD with evidence of the same. The Supplier shall conclude a quality assurance ag- reement to this eff...