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Production and Product Liability

Germany

Tailored strategies for optimum risk protection

We offer wide-ranging advice on legal matters relating to production and product liability, extending from product and manufacturer's liability through cooperation agreements (including contract manufacturing agreements) to product alerts and recalls.

We create a tailored strategy for each client covering all relevant production matters. We advise on partnering with other companies to develop and manufacture new products, while safeguarding against increasing product liability risks in international trade. In the event of major product liability claims, our clients benefit from ongoing support. We also seek to achieve the best possible legal position at the outset through intelligent claim management systems. Our clients can rely on our experts’ many years of in-court experience, whether representing an injuring party, injured party or certification company.

Our Production service portfolio

  • Research and development agreements
  • Industrial plant agreements
  • Contract manufacturing agreements
  • Tool leasing/lending agreements
  • Toll manufacturing agreements, outsourcing agreements
  • CE certification and other safety-relevant product requirements

Our Product Liability service portfolio

  • Obligations to provide instructions and warnings, recalls
  • Countering claims for compensation
  • Enforcing claims by companies that have suffered damage due to defective products
  • Enforcing claims against liability underwriters
  • Helping liability insurers and their policyholders to defend and settle third-party compensation claims
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War­ranties in Sup­ply Con­tracts
06/08/2015
CMS Com­mer­cial Guide: Dis­tri­bu­tion and Agency Agree­ments
While many as­pects of the dis­tri­bu­tion re­la­tion­ship will be sim­il­ar when dis­trib­ut­ing with­in the EU, there are im­port­ant and po­ten­tially costly dif­fer­ences to bear in mind. There are vari­ous meth­ods for a man­u­fac­turer or whole­saler to get their products to mar­ket. Two of the most com­mon meth­ods are agency and dis­tri­bu­tion agree­ments. Busi­ness people of­ten use the terms ‘agent’ and ‘dis­trib­ut­or’ in­ter­change­ably. However, there are im­port­ant leg­al and prac­tic­al dis­tinc­tions between the two.   This guide at­tempts to in­form you about the gen­er­al con­text of the laws af­fect­ing dis­tri­bu­tion and agency agree­ments as well as to provide de­tail in re­la­tion to com­monly en­countered prob­lems.

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06 April 2020
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