Product Liability Waiver Template for Australia

The Product Liability Waiver serves as a critical risk management tool for businesses operating in Australia that supply products to consumers or businesses. This document becomes essential when organizations need to clearly communicate and manage risks associated with their products while operating within the constraints of Australian consumer law. It must be carefully drafted to comply with the Competition and Consumer Act 2010 (including the Australian Consumer Law), relevant state Fair Trading Acts, and Civil Liability legislation. The waiver typically includes provisions for risk acknowledgment, liability limitations, safety instructions, and usage guidelines, while explicitly recognizing non-excludable consumer guarantees. It's particularly important for products that carry inherent risks or require specific usage instructions to prevent injury or damage.

1. Parties: Identifies all parties involved in the waiver agreement, including the business/manufacturer/supplier and the customer/user

2. Background: Establishes the context of the waiver, including the nature of the products being supplied and the general purpose of the agreement

3. Definitions: Defines key terms used throughout the document, including 'Product', 'Liability', 'Claims', and other relevant terms

4. Acknowledgment of Risk: Details the risks associated with using the product that the customer acknowledges and accepts

5. Scope of Waiver: Clearly outlines what types of liability are being waived, subject to non-excludable guarantees under the ACL

6. Non-Excludable Guarantees: Explicitly states which consumer guarantees under the ACL cannot be excluded and remain in effect

7. Limitation of Liability: Specifies the extent to which liability is limited where it cannot be completely excluded

8. Indemnification: Details any indemnification provided by the customer to the business for third-party claims

9. Term and Survival: Specifies how long the waiver remains in effect and which provisions survive termination

10. Governing Law: Specifies that Australian law governs the agreement and nominates the jurisdiction for disputes

11. Execution: Signature blocks and execution details for all parties