This Product Liability Waiver is essential for businesses operating in Malaysia that manufacture, distribute, or sell products to consumers or other businesses. The document serves to manage and limit potential liability arising from product use, while ensuring compliance with Malaysian legislation, including the Consumer Protection Act 1999, Contracts Act 1950, and Sale of Goods Act 1957. It should be used when introducing new products to the market, updating existing product lines, or establishing new business relationships where product liability needs to be addressed. The waiver includes comprehensive risk acknowledgments, clear liability limitations, and specific terms regarding product use and maintenance, all structured to be enforceable under Malaysian law.
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1. Parties: Identification of the manufacturer/seller and the customer/user
2. Background: Context of the transaction and purpose of the waiver
3. Definitions: Clear definitions of key terms used in the waiver
4. Scope of Waiver: Detailed description of what liability is being waived
5. Acknowledgment of Risks: Express acknowledgment of potential risks associated with the product
6. Assumption of Risk: Customer's explicit assumption of risks associated with product use
7. Indemnification: Customer's agreement to indemnify the company against claims
8. Governing Law: Specification of Malaysian law as governing law
9. Severability: Provision ensuring remainder of waiver remains valid if any part is found unenforceable
10. Entire Agreement: Confirmation that the waiver represents the complete agreement between parties
1. Safety Instructions: Detailed safety guidelines when product requires specific safety protocols
2. Training Acknowledgment: Confirmation of received training when product requires demonstration
3. Medical Disclaimer: Additional disclaimers for products with potential health impacts
4. Age Restrictions: Specific provisions for age-restricted products
5. Third Party Rights: Provisions regarding rights of third parties when relevant
6. Insurance Requirements: Insurance obligations when applicable to specific product types
1. Schedule A - Product Details: Detailed list and descriptions of products covered by the waiver
2. Schedule B - Known Risks: Comprehensive list of known risks and potential hazards
3. Schedule C - Usage Guidelines: Detailed instructions for proper product use and maintenance
4. Appendix 1 - Warning Labels: Copies of all warning labels and safety notices
5. Appendix 2 - Warranty Terms: Any applicable warranty terms and conditions that remain valid
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Consumer Goods
Electronics
Sporting Equipment
Medical Devices
Automotive
Food and Beverage
Cosmetics
Fitness Equipment
Children's Products
Industrial Equipment
Relevant Teams
Legal
Compliance
Product Development
Quality Assurance
Risk Management
Operations
Sales
Customer Service
Manufacturing
Safety and Health
Relevant Roles
Legal Counsel
Product Manager
Risk Manager
Compliance Officer
Operations Director
Quality Assurance Manager
Sales Director
Business Development Manager
Customer Service Manager
Manufacturing Manager
Safety Officer
Contract Administrator
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