2. Product liability
Scope of the cover
Overriding any provision to the contrary, the insurer guarantees, pursuant to the limits and conditions stipulated in the policy, any civil liability that might correspond to the insured in accordance with current regulations as a result of bodily injuries, material damage or damage caused involuntarily to third parties by products delivered by the insured.
A deductible of euros 60 per loss with material damage shall be applied.
Scope of the cover in terms of time
For the purpose of this cover, the insurer guarantees any liability that the insured may encounter providing:
- The products that cause the damage were delivered after the policy came into effect and during the valid term thereof.
- The damage occurs during the valid term of the policy and the insurer is informed of the claim during the valid term thereof or up to twelve months after the termination or cancellation of the policy.
THE FOLLOWING IS NOT COVERED:
Claims arising from:
a. Damages or defects sustained by the products marketed by the insured and any expenses arising from the inspection, repair, replacement, withdrawal or loss of use of the products.
b. Damage, defects or inadequacy of the products that may be attributed to the manufacturer.
c. Expenses arising from the return, withdrawal from the market or refund of faulty products.
d. When the product does not fulfill the purpose for which it was made nor does it display the advertised qualities and, consequently, the functioning and the results thereof are ineffective or inadequate.
e. Damages sustained by goods and products of third parties that were made using an indivisible blend or mix of products supplied to the insured or which the insured was involved in making.
f. Any costs arising from the repackaging, transfer and new packing of products due to a fault in the packaging, packing, cap or lid made and / or supplied by the insured.
g. Damages that products could cause when they do not have the relevant legally required permit or if they have a permit for a certain use or application but are used for other purposes not provided for in the relevant authorisation.
h. Damages due to product defects that the insured is aware of prior to delivery.
i. Damages that occur after the expiry date of the product or ten years after the delivery thereof, even if the insurance policy is still in force.
j. Any causes of liability exemption provided for in the current legislation in this area.
k. Damages arising from the voluntary non-observance of legal provisions and official regulations or a lowering of the safety conditions, control or trials initially established for the manufacture of the product.
4. Risks excluded from all guarantees