Product recall clause
Produced in partnership with Emma Spence of DWF LLP and David Kidman of DWF LLP

The following Commercial precedent produced in partnership with Emma Spence of DWF LLP and David Kidman of DWF LLP provides comprehensive and up to date legal information covering:

  • Product recall clause

Product recall clause

    1. 1

      Product recall clause—pro-supplier

      1. 1.1

        The Customer shall immediately notify the Supplier if it becomes aware of any complaint or claim which indicates that a product supplied by the Supplier may be defective, faulty or unsafe in any way. On receipt of any complaint or claim, the Customer must send to the Supplier:

        1. 1.1.1

          a copy of the claim or complaint, and any correspondence exchanged with the complainant or third party;

        1. 1.1.2

          details of the product supplied, the batch and serial number of the product, the date on which the product was supplied by the Supplier to the Customer, and the date on which the Customer supplied it to the complainant (or other third party).

      1. 1.2

        The Customer is required to keep and maintain appropriate records to enable all products supplied by the Supplier to be traced. These records shall include serial and batch numbers, delivery dates and details of the party who purchased the products from the Customer. The records which are kept must be sufficiently thorough to allow a recall of the products or corrective action to be effectively and efficiently implemented by the Supplier.

      1. 1.3

        The Supplier has the right to initiate a product recall and/or any other corrective action which it deems necessary and appropriate, without requiring agreement from the Customer. Any decision relating to the implementation of a recall or corrective action

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