Safety; Recalls Clause Samples
The Safety Recalls clause establishes the responsibilities and procedures related to the recall of products that are found to be unsafe or defective. Typically, this clause requires the manufacturer or supplier to promptly notify the buyer of any recall affecting the products supplied, and to take appropriate corrective actions such as repair, replacement, or refund. It may also outline the parties' obligations for costs and cooperation during the recall process. The core function of this clause is to ensure consumer safety and clarify the steps to be taken if a product recall becomes necessary, thereby minimizing risk and liability for both parties.
Safety; Recalls. The Licensee warrants and undertakes to the Licensor and its Affiliates that:
9.1.1. each Licensed Product will be safe and free from defect; and
9.1.2. the Licensee shall comply, and shall ensure that its Manufacturers comply, with all applicable laws and regulations, industry regulations, codes of practice and local industry practice including without limitation in relation to the design, manufacture, storage, delivery, sale, packaging, labelling, use and safety of the Licensed Products and the design and use of all display, sales, promotional and press material relating to the Licensed Products; and
9.1.3. the Licensee shall (a) promptly notify Licensor of any claim, lawsuit, report or allegation of adverse effects related to any Licensed Product, including, without limitation, any claim, lawsuit, report or allegation of adverse effects which could give rise to a reporting obligation under federal and/or state laws, (b) provide Licensor with copies of any reports or other responses to information requests that Licensee files with the Environmental Protection Agency (“EPA”), the Consumer Product Safety Commission (“CPSC”) or any other governmental agency related to any Licensed Product, in each case within five (5) business days after sending any such reports or submittals to the EPA, CPSC or other governmental agency, and (c) give Licensor prompt notice of all product liability claims involving any Licensed Product.
9.1.4. Licensee shall have the right, subject to prior consultation with Licensor, to take any action it reasonably determines to be appropriate with respect to a Licensed Product, including without limitation, recalling, retrieving or withdrawing a Licensed Product; provided, however, that unless Licensee has been advised by independent outside counsel reasonably acceptable to Licensor that such action is required by applicable law, Licensor shall have the right to approve in advance any proposed Licensed Product recall, retrieval or withdrawal, public announcement or other response prior to Licensee taking any such action if Licensor believes in good faith that such action would have a material adverse effect on the Trademarks or Licensor’s business. If Licensee is deciding whether to withdraw, retrieve or recall a Licensed Product, then Licensee shall (A) promptly provide Licensor with details of the events that gave or are giving rise to the consideration of a possible withdrawal, retrieval or recall, (B) keep Licensor promptly advised o...
Safety; Recalls. Customer Agrees that to the best of their knowledge, this item is safe, free from defects or recalls and in good working order. If a customer becomes aware of a recall or safety issue, they agree to contact Wild Oats immediately. Wild Oats has the right to dispose of any items deemed or found to be unsafe.
Safety; Recalls. In the event Triumph notifies Dealer of any Product recalls, Dealer shall carry out the recall in accordance with the terms of the recall notice regardless of whether any recalled Product was purchased from Dealer. All recall work shall be performed at no charge to customers unless otherwise indicated by Triumph, and shall be considered as warranty service work performed by Dealer for compensation and all other purposes. Rev. 9/8/94
Safety; Recalls. In the event Excelsior-▇▇▇▇▇▇▇▇▇ notifies Dealer of any Product recall, Dealer shall carry out the recall in accordance with the terms of the recall notice regardless of whether any recalled Product was purchased from Dealer. All recall work shall be performed at no charge to customers unless otherwise indicated by Excelsior-▇▇▇▇▇▇▇▇▇, and shall be considered as warranty service work performed by Dealer for compensation and all other purposes.