Common use of Design Responsibility Clause in Contracts

Design Responsibility. Buyer shall be solely responsible for the design of the Products and for their safety and efficacy for the indications and intended uses. Buyer shall bear any financial or other responsibility for Product deficiencies discovered by Buyer or Seller, provided that Seller shall conduct an initial investigational analysis in its sole discretion regarding any such deficiency at its sole expense. It is Buyer's sole responsibility to review, validate, and approve the Product design, any Engineering Units Seller provides, and to ensure that any resulting product is tested, manufactured, packaged, labeled (including adequate warnings), sold and/or used in a safe, careful, and effective manner. Buyer is responsible for obtaining and maintaining FDA, UL, CE, CSA, FCC or any other necessary approvals.

Appears in 2 contracts

Sources: Production Services Agreement (HeartWare LTD), Production Services Agreement (HeartWare LTD)