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    1 Warranty, Product Liability

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    Maksim Plebejac
    The document discusses warranty and product liability terms between a distributor and manufacturer (TOPICS Medical). It states that: 1) The distributor is responsible for handling warranty claims from customers and notifying the manufacturer of issues. 2) The distributor must inform the manufacturer of any product faults or risks and not modify products without approval. 3) The distributor must maintain adequate product liability insurance and assist the manufacturer with any recalls.

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    © All Rights Reserved
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    1 Warranty, Product Liability

    Uploaded by

    Maksim Plebejac
    27 views1 page
    The document discusses warranty and product liability terms between a distributor and manufacturer (TOPICS Medical). It states that: 1) The distributor is responsible for handling warranty claims from customers and notifying the manufacturer of issues. 2) The distributor must inform the manufacturer of any product faults or risks and not modify products without approval. 3) The distributor must maintain adequate product liability insurance and assist the manufacturer with any recalls.

    Original Description:

    Law Warranty

    Original Title

    Law Warranty 426

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    © © All Rights Reserved

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    The document discusses warranty and product liability terms between a distributor and manufacturer (TOPICS Medical). It states that: 1) The distributor is responsible for handling warranty claims from customers and notifying the manufacturer of issues. 2) The distributor must inform the manufacturer of any product faults or risks and not modify products without approval. 3) The distributor must maintain adequate product liability insurance and assist the manufacturer with any recalls.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views1 page

    1 Warranty, Product Liability

    Uploaded by

    Maksim Plebejac
    The document discusses warranty and product liability terms between a distributor and manufacturer (TOPICS Medical). It states that: 1) The distributor is responsible for handling warranty claims from customers and notifying the manufacturer of issues. 2) The distributor must inform the manufacturer of any product faults or risks and not modify products without approval. 3) The distributor must maintain adequate product liability insurance and assist the manufacturer with any recalls.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    §1 Warranty, product liability

    10.1 The Distributor is obliged to fulfil justified warranty claims by customers. The Distributor
    will inform TOPICS Medical in good time about any warranty claim that results or could
    result in a legal dispute due to specific evidence. In addition, the provisions in § 8 Number 4
    apply.
    10.2 The Distributor will inform TOPICS Medical without delay about any product faults and
    risks of which he becomes aware when using the Contractual Products.
    This agreement does not affect TOPICS Medical's product liability as stated in Number 4 below.
    10.3 The Distributor will not modify Contractual Products without the prior agreement of
    TOPICS Medical. This also applies with regard to their features, packaging and warnings. If
    the Distributor infringes these obligations, he is liable to TOPICS Medical internally for
    product liability claims by third parties if and to the extent to which the damage was caused
    by the behaviour of the Distributor.
    10.4 The Distributor shall maintain adequate product liability insurance with a reasonable
    coverage and provide TOPICS Medical with a confirmation immediately upon its request. In
    particular, such insurance shall cover pecuniary loss and recall costs (extended product
    liability). In the event that any recall measures, field corrections or corrective and preventive
    action (“CAPA”) is carried out by TOPICS Medical, the Distributor shall be obliged to use
    best efforts to assist TOPICS Medical at the Distributor’s own expense.
    10.5.a) In the event of injury or loss of life, or damage to something other than the Product being
    caused due to a Product being defective, TOPICS Medical’s liability shall not exceed the
    maximum amount of EUR three (3) Mio during the term of this Contract. For all other
    damages, TOPICS Medical’s liability shall not exceed 100% of the purchase price of the
    shipment, which included the defective or delayed Products, irrespective of whether the
    claim is based on contract or on the statutory provisions. In the event of intent, TOPICS
    Medical’s liability shall not be limited.

    §2 Contractual term and termination


    11.1.a) The agreement starts on June 30th, 2015 and has been concluded for the EU: for the term of
    five years. Both contractual parties may terminate the agreement whilst complying with a
    notice period of (three) 3 months to the end of a calendar month. The agreement may not be
    terminated to end after less than (one) 1 year of validity.
    11.2 The right to extraordinary cancellation for a justifiable cause remains unaffected. The
    following are considered to be some of the justifiable causes for a termination by TOPICS
    Medical.

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