This Product Liability Waiver is essential for businesses operating in New Zealand that supply products or services carrying inherent risks. It serves as a critical risk management tool while acknowledging the unique aspects of New Zealand law, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Accident Compensation scheme. The document is particularly relevant when introducing new products to the market, engaging with business or consumer customers, or operating in high-risk industries. It includes detailed sections on risk acknowledgment, user obligations, and liability limitations, while explicitly preserving consumers' statutory rights that cannot be contracted out of under New Zealand law. The waiver should be regularly reviewed and updated to reflect changes in product offerings, risk profiles, and legal requirements.
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1. Parties: Identifies the parties to the agreement - the product supplier/manufacturer and the user/purchaser
2. Background: Explains the context of the waiver, including the nature of the product and general purpose of the agreement
3. Definitions: Defines key terms used throughout the document including 'Product', 'Liability', 'Claims', etc.
4. Acknowledgment of Risks: User's acknowledgment of inherent risks associated with product use
5. Scope of Waiver: Clearly defines what liability is being waived, subject to New Zealand law limitations
6. Excluded Liability: Specifies what cannot be waived under NZ law (e.g., Consumer Guarantees Act rights)
7. User Obligations: Specifies required safety measures and proper use guidelines
8. Term and Survival: Duration of the waiver and which provisions survive termination
9. Governing Law: Confirms New Zealand law governs the agreement
10. Execution: Signature blocks and execution details
1. Insurance Requirements: Include when the product requires specific insurance coverage
2. Age Restrictions: Include for products with age limitations or requiring adult supervision
3. Training Requirements: Include when product requires specific training or certification
4. Emergency Procedures: Include for products with significant safety risks requiring emergency protocols
5. Intellectual Property: Include when the product involves protected IP or trade secrets
6. Data Collection: Include when the product collects user data or requires privacy considerations
1. Schedule 1 - Product Details: Detailed description of the product(s) covered by the waiver
2. Schedule 2 - Safety Instructions: Comprehensive safety guidelines and proper use instructions
3. Schedule 3 - Risk Disclosure: Detailed list of specific risks associated with product use
4. Appendix A - Incident Report Form: Template for reporting any incidents or accidents
5. Appendix B - Maintenance Requirements: Required maintenance procedures and schedules
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Sports and Recreation
Medical Devices
Consumer Electronics
Industrial Equipment
Automotive
Fitness and Wellness
Adventure Tourism
Chemical Products
Construction Equipment
Agricultural Equipment
Children's Products
Relevant Teams
Legal
Risk Management
Product Development
Operations
Quality Assurance
Sales
Customer Service
Health & Safety
Compliance
Manufacturing
Research & Development
Relevant Roles
Legal Counsel
Risk Manager
Product Manager
Operations Director
Safety Officer
Compliance Manager
Quality Assurance Manager
Sales Director
Customer Service Manager
Manufacturing Manager
Product Development Manager
Health and Safety Coordinator
Contract Administrator
Business Development Manager
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