Define: Electronic Product
Electronic Product refers to a manufactured or assembled device containing an electronic circuit that generates or emits a physical field of radiation, such as radio frequency, electromagnetic, or acoustic energy. In a contract, the term typically identifies goods subject to safety standards, compliance obligations, testing requirements, or regulatory certifications before manufacture, sale, or distribution.
Legal accuracy standard set & glossary spot-checked by Imad Mohammed Nazar , Skadden-trained M&A lawyer, Legal Engineer at GenieAI
What Electronic Product Means in a Contract
An Electronic Product, within a contract, is a defined category of goods that contain circuitry capable of generating, controlling, or emitting a physical field of radiation. This includes items ranging from consumer electronics and medical devices to industrial machinery and telecommunications equipment. The definition exists primarily to trigger specific obligations tied to safety, testing, and regulatory compliance rather than to describe the commercial function of the item itself.
Parties use this term to draw a boundary around which goods are subject to heightened scrutiny under the agreement. A supplier contract, for instance, might apply different warranty terms, indemnities, or certification requirements to Electronic Products than it does to non-electronic components or raw materials. The classification therefore has practical consequences for risk allocation between the parties.
Because the term is technical in nature, contracts often cross-reference external standards or regulatory frameworks to give the definition operative meaning. Without this grounding, the phrase risks being either too broad, capturing items never intended to be covered, or too narrow, excluding devices that should fall within scope.
How Electronic Product Is Defined or Measured
Most definitions hinge on two elements: the presence of an electronic circuit and the emission or generation of a physical field of radiation. This second element distinguishes Electronic Products from ordinary electrical goods that merely conduct current without emitting detectable fields. Radiofrequency emissions, electromagnetic fields, ultrasonic waves, and similar phenomena commonly satisfy this threshold.
Measurement and classification typically rely on technical standards referenced within or alongside the contract, such as those governing radiation exposure limits, electromagnetic compatibility, or product safety testing. The agreement may require the supplier to provide test reports, certificates of conformity, or declarations confirming that the device falls within permitted emission thresholds under the law governing the contract.
- Whether the device is manufactured, assembled, or merely incorporates purchased components
- The specific type of radiation or field emitted
- Applicable testing protocols and certification bodies
- Thresholds or limits the product must not exceed
Where Electronic Product Appears in Agreements
The term surfaces most frequently in manufacturing and supply agreements, procurement contracts, and product development arrangements. It also appears in licensing agreements, particularly where a manufacturer licenses technology embedded in a device, and in distribution agreements governing cross-border sale of regulated goods.
Industries with heavy reliance on regulated devices, including Relevant Circumstances
Relevant Sectors