CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY Clause Samples
CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. 26.1 Claim against Trader: If a Customer makes a claim against the Trader in relation to which the Trader seeks (at the time of the claim or later) to be indemnified by the Distributor under section 46A of the Consumer Guarantees Act 1993 (a “Claim”), the Trader must:
(a) give written notice of the Claim to the Distributor as soon as practicable after the Trader has become aware of the Claim and any facts or circumstances indicating that the underlying failure may be related to an event, circumstance, or condition associated with the Network, specifying the nature of the Claim in reasonable detail; and
(b) make available to the Distributor all information that the Trader holds in relation to the Claim that is reasonably required by the Distributor.
CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. 26.1 Claim against Trader: If a Customer makes a claim against the Trader in relation to which the Trader seeks (at the time of the claim or later) to be indemnified by the Distributor under section 46A of the Consumer Guarantees Act 1993 (a “Claim”), the Trader must:
(a) give written notice of the Claim to the Distributor as soon as practicable after the Trader has become aware of the Claim and any facts or circumstances indicating that the underlying failure may be related to an event, circumstance, or condition associated with the Network, specifying the nature of the Claim in reasonable detail; and
(b) make available to the Distributor all information that the Trader holds in relation to the Claim that is reasonably required by the Distributor.
26.2 Claim against Trader in relation to breach of service standards by the Distributor: The Distributor and the Trader acknowledge that a breach of the Service Standards in Schedule 1 of this Agreement by the Distributor may result in a Customer making a claim against the Trader for an alleged breach of the acceptable quality guarantee in section 7A of the Consumer Guarantees Act 1993 (a "Claim"). If the Trader reasonably believes that a Claim may arise, the Trader agrees not to make any determination, admission, settlement or compromise in respect of the Claim without first consulting with the Distributor in respect of the Claim and complying with the processes set out in this Schedule.
26.3 If the Trader becomes aware of or suspects a breach of the Service Standards by the Distributor which may give rise to a Claim, the Trader must give the Distributor written notice of the reasons why it suspects that there has been a breach and all information accessible by the Trader in relation to the matter that is reasonably requested by the Distributor.
26.4 If the Distributor is notified of a potential Claim under clause 26.2, the Trader is deemed to have authorised the Distributor to:
(a) communicate directly with the relevant Customer and the Dispute Resolution Scheme in relation to the Claim; and
(b) assume the management and defence of the Claim, provided that the Distributor must advise the Trader as soon as reasonably practicable, and in any event within 15 working days, after being notified of the Claim if it intends to assume the management and defence of the Claim.
26.5 If the Distributor elects to assume the management and defence of the Claim under clause 26.4(b):
(a) the Distributor may determine the condu...
CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. 27.1 Claim against Retailer: If a Consumer makes a claim against the Retailer in relation to which the Retailer wishes to be indemnified by the Distributor under the Distributor's indemnity in clause 26.8 (a "Claim"), the Retailer must:
(a) give written notice of the Claim to the Distributor as soon as reasonably practicable after the Retailer determines that it wishes to be indemnified by the Distributor, specifying the nature of the Claim in reasonable detail;
(b) make available to the Distributor all information that the Retailer holds in relation to the Claim that is reasonably required by the Distributor; and
(c) subject to clause 27.4(b), not make any determination, admission, settlement or compromise in respect of the Claim without first consulting the Distributor in respect of the Claim.
27.2 Distributor may take actions in respect of a Claim: If the Distributor is notified of a potential Claim, the Distributor may:
(a) communicate directly with the relevant Consumer in relation to the Claim; and
(b) assume management and defence of the Claim.
CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. (a) If a Customer makes a claim against the Retailer in relation to which the Retailer seeks (at the time of the claim or later) to be indemnified by the Distributor under section 46A of the Consumer Guarantees Act 1993 (a "Claim"), the Retailer must:
(i) give written notice of the Claim to the Distributor as soon as reasonably practicable after the Retailer has become aware of the Claim and any facts or circumstances indicating the underlying failure may be related to an event, circumstance, or condition associated with the network, specifying the nature of the Claim in reasonable detail; and
(ii) make available to the Distributor all information that the Retailer holds in relation to the Claim that is reasonably required by the Distributor.
(b) If the Distributor is required to indemnify the Retailer under section 46A of the Consumer ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, the Distributor must promptly pay the Retailer the amounts due under that Act.
(c) Any dispute between the Distributor and the Retailer relating to the existence or allocation of liability under section 46A of the Consumer ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ must be dealt with by each party in accordance with the Dispute Resolution Scheme or, if the dispute is not accepted by the scheme, the parties must deal with the dispute in accordance with clause 17.
(d) Without limiting the foregoing provisions of this clause 18.10, the provisions of paragraphs (b) to (f) of clause 18.16 shall apply to each Claim as if the Retailer was the Indemnified Party, the Distributor was the Indemnifying Party, and the Claim was a Third Party Claim.