The Product Liability Release Form serves as a critical risk management tool for businesses operating in Australia's consumer market. It is designed to be used when providing products that may carry inherent risks or require specific user acknowledgments. The document balances business protection with consumer rights, ensuring compliance with the Competition and Consumer Act 2010 and the Australian Consumer Law (ACL). It is particularly important for products that may pose safety risks, require specific usage instructions, or have limitations that users need to acknowledge. The form includes clear statements about retained consumer rights, specific product details, risk acknowledgments, and proper usage guidelines, while maintaining enforceability under Australian law.
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1. Parties: Identifies all parties to the agreement, including the business/manufacturer/supplier and the customer/user
2. Background: Explains the context of the release, including the nature of the product and the purpose of the agreement
3. Definitions: Defines key terms used throughout the document, including 'Product', 'Liability', 'Release', etc.
4. Acknowledgment of Risk: Statement acknowledging that the user understands the inherent risks associated with using the product
5. Scope of Release: Clearly defines what liabilities are being released, subject to ACL mandatory provisions
6. Consumer Law Compliance: Explicit statement that the release does not affect mandatory consumer guarantees under the ACL
7. User Obligations: Specifies the user's responsibilities regarding proper product use and safety guidelines
8. Indemnification: Details the extent to which the user agrees to indemnify the business for certain claims
9. Term and Termination: Specifies the duration of the release and any termination conditions
10. Governing Law: Confirms the agreement is governed by Australian law and specifies the relevant state/territory
1. Safety Instructions: Detailed safety guidelines for high-risk products or activities
2. Medical Disclaimer: Required for products with potential health implications or medical-adjacent products
3. Insurance Requirements: Specifies any insurance requirements for high-value or high-risk products
4. Third Party Rights: Addresses liability related to third party claims when relevant
5. Intellectual Property: Required when the product involves patented technology or proprietary designs
6. Data Collection: Needed when the product involves collecting or processing user data
7. Warranty Terms: Optional additional warranty terms beyond mandatory consumer guarantees
1. Schedule A - Product Details: Detailed description of the product(s) covered by the release
2. Schedule B - Risk Disclosure: Comprehensive list of potential risks and hazards associated with the product
3. Schedule C - Usage Instructions: Detailed instructions for proper product use and maintenance
4. Appendix 1 - Safety Certification: Copies of relevant safety certifications or compliance documentation
5. Appendix 2 - Incident Report Form: Template for reporting any incidents or accidents involving the product
Relevant legal definitions
Agreement
ACL
Authorized Use
Claims
Commencement Date
Company
Consumer Guarantees
Damage
Effective Date
Excluded Loss
Force Majeure Event
Governing Law
Indemnified Parties
Liability
Loss
Manufacturer
Misuse
Normal Use
Notice
Parties
Product
Product Documentation
Product Specifications
Release
Representatives
Risk
Safety Instructions
Services
Supplier
Term
Territory
Third Party
User
Warranty
ACL
Authorized Use
Claims
Commencement Date
Company
Consumer Guarantees
Damage
Effective Date
Excluded Loss
Force Majeure Event
Governing Law
Indemnified Parties
Liability
Loss
Manufacturer
Misuse
Normal Use
Notice
Parties
Product
Product Documentation
Product Specifications
Release
Representatives
Risk
Safety Instructions
Services
Supplier
Term
Territory
Third Party
User
Warranty
Clauses
Product Description
Risk Acknowledgment
Release of Liability
Indemnification
Consumer Rights
Safety Instructions
Proper Use
Assumption of Risk
Warranty Limitations
Product Safety
Emergency Procedures
Notice Requirements
Compliance with Laws
Force Majeure
Governing Law
Severability
Entire Agreement
Medical Disclaimer
Insurance
Product Specifications
Modification
Term and Termination
Assignment
Dispute Resolution
Third Party Rights
Reporting Requirements
Risk Acknowledgment
Release of Liability
Indemnification
Consumer Rights
Safety Instructions
Proper Use
Assumption of Risk
Warranty Limitations
Product Safety
Emergency Procedures
Notice Requirements
Compliance with Laws
Force Majeure
Governing Law
Severability
Entire Agreement
Medical Disclaimer
Insurance
Product Specifications
Modification
Term and Termination
Assignment
Dispute Resolution
Third Party Rights
Reporting Requirements
Relevant Industries
Manufacturing
Retail
Consumer Goods
Sports and Recreation
Medical Devices
Electronics
Automotive
Fitness Equipment
Children's Products
Industrial Equipment
Food and Beverage
Construction Materials
Pharmaceutical
Beauty and Personal Care
Relevant Teams
Legal
Risk Management
Compliance
Product Development
Quality Assurance
Customer Service
Operations
Sales
Manufacturing
Safety and Compliance
Document Control
Corporate Affairs
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Product Safety Manager
Quality Assurance Manager
Operations Director
Customer Service Manager
Sales Manager
Product Manager
Manufacturing Manager
Supply Chain Manager
Business Development Manager
Retail Operations Manager
Safety Compliance Coordinator
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