9. Liability / product liability
1. Unless the liability has been regulated otherwise in these terms and conditions, the Supplier shall be liable for compensa¬tion of damages incurred by us directly or indirectly as a result of a culpable tort or violation of his obligations by the Supplier.
2. Insofar as the Supplier is liable for the damage of a product, he shall be obligated to indemnify us from damage claims of third parties at our first request insofar as the cause for such claims lies in his area of responsibility and he is liable in external relations. The Supplier’s obligation to indemnify includes in addition to payment of damages to third parties also the legal costs, recall costs, inspection costs, assembly and disassembly costs as well as our administration expenses and other expenses for the processing of claims.
3. In this context the Supplier shall also be obligated to compensate any expenses pursuant to Sec. 683, 670 BGB and Sec. 830, 840, 426 BGB that result from or in connection with a recall campaign or preventive customer service measures. We will inform the Supplier about the contents and the scope of the recall campaign or preventive customer service measures we have carried out or taken and offer him the opportunity to make representations – as far as this is possible and can be reasonably expected from us.
4. The Supplier agrees to carry product liability insurance with a sum insured amounting to a lump sum of 5 million per event of personal injury/property damages and a recall costs insurance with a sum insured amounting to 5 million per event of damage, unless agreed otherwise. Any further claims for damages we are entitled to shall remain unaffected.