Damages and product liability Clause Samples

The "Damages and product liability" clause defines the responsibilities and potential financial consequences for parties if a product causes harm or fails to perform as expected. Typically, this clause outlines the types of damages that may be claimed, such as compensatory or consequential damages, and may specify limitations or exclusions of liability for certain losses. It often clarifies which party is responsible for injuries or property damage resulting from product defects. The core function of this clause is to allocate risk between the parties, ensuring clarity on liability and helping to prevent disputes over compensation in the event of product-related issues.
Damages and product liability. 21.1. The Parties shall be liable to pay damages in accordance with the gen- eral rules of Danish law. 21.2. The Contractor shall bear full Product Liability in accordance with gen- eral rules of Danish law. 21.3. Fødevarestyrelsen has the right to choose whether claims for damages shall be forwarded against the Contractor or the subcontractor, if any. 21.4. To ensure fulfilment of product liability, the Contractor undertakes to take out the necessary insurance and/or otherwise provide the neces- sary documentation to Fødevarestyrelsen.
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Damages and product liability. All claims for damages are excluded in cases of slight negligence. This does not apply to person- al injury and in consumer business for damage to parts taken on for further processing. The pres- ence of slight or gross negligence is to be proven by the injured party, unless it concerns a con- sumer business contract. If it is not a consumer business contract, the absolute statute of limita- tion of damage claims is 3 years from the trans- fer of risk. The regulations on damages in these T&Cs or any other terms agreed only apply if the claim for damages is made separately or instead of a warranty claim. Recourse claims as specified in § 12 of Austrian product liability law are excluded, unless the party justified for recourse proves that the fault and as a consequence the damage resulting from the original association of this fault can be attributed to stem from our area of control and are a result of gross negligence or intent. Moreover, if the goods are supplied to resellers, the liability for damages deduced from product liability law, and any product liability claims deduced from other regulations, are excluded. In turn, resellers are obliged to state in contracts with their customers this exclusion of liability for damages as mentioned above (except in the case of end consumers). If this contractual obligation is not fulfilled, the receiver is liable for all damages that occur jointly and separately. The supplier is obliged to take out sufficient third party insurance and is to present the policy on demand. The goods supplied offer only the level of reliability that can be expected based on the content of standards, permits, descriptions in technical datasheets, user manuals, instructions from the supplier's works on handling and range of applications or application conditions as well as maintenance and other information provided at the time the contract is signed.
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Damages and product liability. 15.1 Each Party is liable in damages to the other Party in accordance with the general rules of Danish law for any loss suffered by such other Party for any breach of this Contract. 15.2 The Customer is entitled to choose whether claims for damages will be made against the Supplier or the sub-supplier, if any. 15.3 The Supplier undertakes full product liability in accordance with the general rules of Danish law. 15.4 To ensure observance of product liability, the Supplier undertakes to take out the necessary and adequate insurance and provide the Customer with the necessary documentation thereof.
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Damages and product liability. The Parties shall be liable to pay damages in accordance with the general rules of Danish law. The Contractor shall bear full Product Liability in accordance with general rules of Danish law. DEMA has the right to choose whether claims for damages shall be forwarded against the Contractor or the subcontractor, if any. To ensure fulfilment of product liability, the Contractor undertakes to take out the necessary insurance and/or otherwise provide the necessary documentation to DEMA.
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Damages and product liability. Each Party is liable in damages to the other Party in accordance with the general rules of Danish law for any loss suffered by such other Party for any breach of this Contract. For events giving rise to the payment of liquidated damages, damages may only be claimed to the extent, that the Customer documents a loss in excess of the liquidated damages. The Customer is free to decide whether to make a claim for damages against the Supplier or any sub-suppliers. The Supplier assumes full product liability in accordance with the general rules of Danish law and undertakes to take out customary and adequate product liability insurance and to provide the Customer with the necessary documentation thereof. Moreover, the Supplier is required to uphold and maintains product liability insurance for a period of 5 (five) years after the Acceptance Test.
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Damages and product liability. The Parties shall be liable to pay damages in accordance with the general rules of Danish law. The Contractor shall bear full Product Liability in accordance with general rules of Danish law. KADK has the right to choose whether claims for damages shall be forwarded against the Contractor or the subcontractor, if any. To ensure fulfilment of product liability, the Contractor undertakes to take out the necessary insurance and/or otherwise provide the necessary documentation to KADK.
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Related to Damages and product liability

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • Products Liability (a) Except as set forth on Schedule 3.25, (i) there is no Action before any Governmental Entity pending, or to the Knowledge of the Seller, threatened against the Company involving any products manufactured, produced, distributed or sold by or on behalf of the Company and/or in connection with the Business (including any parts or components) (collectively, “Products”), or class of claims or lawsuits involving the same or similar Product which is pending or, to the Seller’s Knowledge, threatened, resulting from an alleged defect in design, manufacture, materials or workmanship of any Product, or any alleged failure to warn, or from any breach of implied warranties or representations (collectively, “Product Liability Lawsuits”); (ii) there has not been, within the past 12 months, any Occurrence (as hereinafter defined); and (iii) there has not been, within the past 12 months, any Product rework or retrofit (collectively, “Retrofits”) conducted by or on behalf of the Company. (b) For purposes of this Section 3.25, the term “Occurrence” shall mean any accident, happening or event which takes place at any time which is caused or allegedly caused by any alleged hazard or alleged defect in manufacture, design, materials or workmanship including, without limitation, any alleged failure to warn or any breach of express or implied warranties or representations with respect to, or any such accident, happening or event otherwise involving any Product that can reasonably be expected to result in a claim or loss. (c) Except as set forth on Schedule 3.25, to the Seller’s Knowledge, each Product manufactured, sold, leased, or delivered by the Company and the Business has been in conformity with all applicable material contractual commitments and all express and implied warranties, and the Company and the Business have no Liability (and there is no basis for any present or future proceeding against any of them giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith. No Product manufactured, sold, leased, or delivered by the Company and the Business is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. Schedule 3.25 includes copies of the standard terms and conditions of sale or lease for the Company and the Business (containing applicable guaranty, warranty, and indemnity provisions). Except as set forth on Schedule 3.25, the Seller and the Business have no obligation to any person to maintain, modify, improve or upgrade any of the Products. (d) Except as set forth on Schedule 3.25, to the Seller’s Knowledge, the Company and the Business have no material Liability (and there is no basis for any present or future proceeding against any the Company and the Business giving rise to any material Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any Product manufactured, sold, leased, or delivered by the Company and the Business.

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.