Product liability, contracts

Delivery decisions are more than decisions about conformance to specification. They are about conformance to contract and those responsible for the production processes may not be able to determine whether contractual conditions have been met. Much more may hang on the resolution of a problem than mere conformance to specification. The decision in some circumstances may be taken by the CEO. There may have been a safety problem or a product liability problem so your system needs to recognize these fine distinctions. Those making the delivery decisions need possession of all the information required to protect the company as well as meet customer needs. 

The life of the product- access to the records will probably not be needed for some considerable time, possibly long after the contract has closed. On defense contracts the contractor has to keep records for up to 20 years and for product liability purposes, in the worst case situation (taking account of appeals), you could be asked to produce records up to 17 years after you made the product. 

Product liability law, generally and as it pertains to pharmaceutical companies, is broadly based on legal principles involving contract law, the law of torts and the relevant statutory provisions of the country or jurisdiction where the action is brought (Jones, 1993). However, there are three fundamental legal principles under which a seller of a product can be liable for damages incurred from the use of that product strict liability, warranty and negligence. 

Product liability law is broadly based upon legal principles involving contract law, the Law of Torts, and the relevant statutory provisions of the country or jurisdiction where the action is brought (Jones,... 

Lawson, R. G. Advertising Law in the United Kingdom, Macdonald Evans, Plymouth (1978) Lawson, R. G. Exclusion Clauses after the Unfair Contract Terms Act, Oyez, London (1983) Irving, R. Outline of the Law of Product Liability and Consumer Protection, B. Rose Publishers Ltd, Chichester (1980)... 

It is recognized that the value of industrial products is determined more than before by their performance, which cannot always be expressed in terms of their composition. Well known examples of this include products such as motor fuels, lubricants, plastics, fibres, paints, lacquers, adhesives, agricultural chemicals, pharmaceutical products, and photographical chemicals, that is to say almost all chemical end products. These are to distinguished from intermediate chemical products, often called chemicals, the quality of the latter can usually be specified in terms of their composition. The manufacturing industries that convert the chemical end products into consumer products are often faced with strict quality requirements and sometimes even with product liabilities. They are therefore likely to put stringent requirements on the performance of the raw materials, that are the end products of the chemical industry. In such situations both suppliers and purchasers often prefer to make long term contracts that specify, both sales volumes and product performance. For the chemical industry this means that products of very specific properties have to be made and that these properties have to be constant in time. This requires very careful production control, and consequently a very accurate control of the performance of chemical reactors. 

Environmental—spill or release Injuries to contract workers Injuries due to intentional or negligent conduct Product liability matters... 

Quality Management system priorities to consider are management responsibility, quality system principles, auditing, contract review, design control, corrective action, document control, quality records, training, product safety and liability, and statistical techniques, because these are critical aspects of the Quality Management system where Xmple Inc. already has some systems in place. 

Johnson [17] identifies several topics related to liability, and she offers an important distinction as well. Among the topics related to liability and computer use in general are legal liability, the duty of honesty, the nature of contracts, misrepresentation, express and implied warranties, and negligence [17]. The relevant distinction concerns the nature of software as either a product or a service. Many of these topics hold little interest for the ethicist investigating computer ethics. For instance, legal liability is less important to philosophy than to jurisprudence. 

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires the EPA to "clean up" chemical disposal sites. The cleanup funds are raised through a combination of tort suits against companies that have had some connection with either the disposal site or the chemicals (joint-and-several strict liability) and taxes on petroleum production, hazardous-waste facilities, and chemical products. When judgments go against landowners, trucking firms, container corporations, or other firms less directly connected with the site, the defendants ask their insurance companies to pay these judgments. Courts, then, must decide whether liability insurance contracts cover such claims. 

Acquiring products has a number of implications beyond those of taking a licence. When a company acquires a product it also acquires any and all liabilities already associated with that product. These liabilities may include past damages inflicted on patients, environmental impacts and contingent issues associated with third-party contracts. Conversely, the value represented in the acquisition of a product lies in obtaining the full value from its revenue streams and having full control of any development issues. 

In-line with general product specification. Always satisfy suitability for specific application. The data provided in this material safety data sheet is meant to represent typical data/analysis for this product and is correct to the best of our knowledge. The data was obtained from current and reliable sources, but is supplied without warranty, expressed or implied, regarding its correctness or accuracy. It is the user s responsibility to determine safe conditions for the use of this product, and to assume liability for loss, injury, damage or expense arising from improper use of this product. The information provided does not constitute a contract to supply to any specification, or for any given application, and buyers should seek to verify their requirements and product use. 

In case of use date extension an additional label should be affixed to the investigational medicinal product. This additional label should include the new use date and repeat the batch number. It may be superposed on the old use date, but, for quality control reasons, not on the original batch number. This operation may be performed on site by the clinical trial monitor(s) or the clinical trial site pharmacist, in accordance with specific and standard operating procedures and under contract if applicable. The operation should be checked by a second person. Documented evidence of this additional liability should be available in the trial documentation and in the batch records. 

Strict liability is a principle of both tort law and contract law (i.e. purely under the civil law), which provides that a seller of a product is liable without fault for damage caused by that product if it is sold... 

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