EU-REP TOS - Smander.com

Welcome to Smander.com’s EU-Rep service! By using our EU-Rep services, you agree to comply with and be bound by these Terms of Service („Terms“). These Terms outline the rights and responsibilities of businesses engaging Smander.com as their European Union Representative (EU-Rep) in accordance with the General Product Safety Regulation (GPSR) and other applicable laws. This service is exclusively available to businesses, both large and small, located in EU member states, the United States, the United Kingdom, Canada, Norway, Iceland, Switzerland, and Liechtenstein.
Please read these Terms carefully before proceeding with our services.

Terms of the Standard Contract for Appointment of Smander.com / MAYER MAKES e.U.
as Authorized EU Representative regarding the EU General Product Safety Regulation (GPSR (2023/988 EU)) hereinafter referred to as „The Agreement“:

1. Appointment of EU Representative

The Manufacturer appoints Smander.com/MAYER MAKES e.U. as its exclusive authorized EU representative for the purpose of GPSR (2023/988 EU) compliance, with respect to the approved products. The EU-REP accepts this appointment subject to the terms and conditions outlined in this Agreement.

2. Scope of Duties

The EU-REP shall perform the duties specified in Article 10 of the EU General Product Safety Regulation (GPSR (2023/988 EU)). These duties include:

Ensuring Documentation Availability: Keeping the Declaration of Conformity and Technical Documentation for the products readily available to EU market surveillance authorities for the required period under the GPSR (2023/988 EU).
Market Surveillance Communication: Cooperating with EU market surveillance authorities, including responding to requests and providing necessary documentation and information.
Incident Reporting: Informing the Manufacturer about incidents, risks, or non-compliance raised by EU authorities or stakeholders and assisting in taking corrective actions.
Facilitating Corrective Actions: Coordinating with the Manufacturer to ensure corrective actions are taken if a product is found non-compliant or poses safety risks.
Traceability Information: Verifying that appropriate traceability and labeling information is included with the products.

Limitation: The EU-REP shall not assume any duties or liabilities beyond those explicitly required under the GPSR (2023/988 EU) Art. 10.

3. Manufacturer Obligations

The Manufacturer agrees to:

Provide the EU-REP with all necessary technical documentation, including declarations, certifications, and product safety data, as required under the GPSR (2023/988 EU).
Notify the EU-REP of any changes to products, processes, or documentation that may affect compliance with the GPSR (2023/988 EU).
Indemnify and hold harmless the EU-REP from any liabilities or claims arising from the Manufacturer’s failure to comply with its obligations under the GPSR (2023/988 EU).
Pay all agreed fees for EU-REP services as outlined in the Contract for Appointment of Smander.com / MAYER MAKES e.U.as Authorized EU Representative regarding the EU General Product Safety Regulation (GPSR (2023/988 EU)) Appendix A.
Provide proof of identity, including a government-issued ID and company registration extract (or equivalent documentation), to confirm that they are authorized to enter into this Agreement on behalf of the Manufacturer.

4. Fees and Payment Terms

Payment for EU-REP services shall be made upfront on an annual basis. The agreed annual fee must be paid in full prior to the commencement of services for each year.
If this Agreement is terminated before the end of the annual period, no fees will be reimbursed, as the EU-REP’s duties include maintaining the documentation and records until the end of the agreed period.
The EU-REP will retain records of this Agreement and any product documentation provided by the Manufacturer until its obligations of record keeping, as required under the GPSR (2023/988 EU), are fully discharged.

5. Product Submission and Approval

Each product must be submitted individually for representation via a dedicated section on the EU-REP’s website or via email.
Representation is limited to products that have been approved in writing by the EU-REP through the issuance of a REP-ID.
If the submitted product data fails to meet the requirements, a REP-ID will only be issued after the Manufacturer has provided the required information.
Intellectual Property Compliance Obligations

1. Manufacturer and Supplier Responsibilities

The Manufacturer acknowledges and agrees that it bears sole responsibility for ensuring that its products comply with all applicable intellectual property laws, including but not limited to:

Trademark rights
Copyright laws
Patent laws
Open-source licensing obligations

The EU-REP shall not independently verify compliance with such laws and relies entirely on the Manufacturer to confirm the legality of the products.

2. Provision of Evidence Upon Request

In cases where doubts arise regarding the legality of a product, the Manufacturer shall, upon request from the EU-REP, provide sufficient evidence to confirm compliance. Such evidence may include, but is not limited to:

Written Confirmation: Documentation demonstrating that all necessary rights, permissions, or licenses to use intellectual property have been secured.
Statutory Declaration: Where written confirmation cannot be provided, a statutory declaration attesting to the Manufacturer’s right to use the intellectual property in question.

The approval of the product for representation under the EU-REP’s obligations is contingent upon receipt of the requested evidence.

3. Compliance with Open-Source Licensing Requirements

If a product incorporates components governed by open-source licenses, the Manufacturer shall demonstrate compliance with all relevant licensing terms. This includes, but is not limited to:

Proper attribution to the creators of the open-source software;
Providing access to the source code, where applicable; and
Adhering to any specific usage or distribution restrictions outlined in the license.

Failure to provide such evidence will render the product ineligible for representation.

4. Protection of Third-Party Rights

The Manufacturer shall ensure that its products do not infringe upon the intellectual property rights of third parties. In the event that the EU-REP identifies a lack of adequate evidence or unresolved concerns about potential infringement, the EU-REP reserves the right to:

Refuse to represent the product; or
Suspend or terminate representation for the product until compliance is demonstrated.

5. Ongoing Monitoring and Enforcement

The Manufacturer acknowledges that compliance with intellectual property laws is a continuing obligation. If new evidence or complaints arise that suggest a product may Infringe upon third-party rights, the EU-REP reserves the right to investigate and, if necessary:

Require further evidence of compliance;
Remove or suspend the product from representation; or
Notify the appropriate authorities or intellectual property rights holders.

6. Use of EU-REP Information

The Manufacturer is only permitted to name the EU-REP on approved products after the issuance of the corresponding REP-ID.
In the event of termination of this Agreement, the Manufacturer must remove any references to the EU-REP from all products in storage and circulation at resellers or distributors.
The Manufacturer must also remove references to the EU-REP from all websites, including online marketplaces or listings on governing authorities‘ websites, within 30 days of contract termination.
Failure to comply with the obligations to remove such references within the specified timeframe will result in an incident report being submitted to the governing authorities, and the Manufacturer will indemnify the EU-REP for any damages incurred as a result of such non-compliance.

7. Duration and Termination

This Agreement shall commence on the date specified above and remain in effect until terminated by either party with 30 days written notice.
The EU-REP may terminate the Agreement immediately if the Manufacturer fails to comply with its obligations under this Agreement or the GPSR (2023/988 EU).

8. Supersession of Agreement

This Agreement may be superseded by a new agreement signed by both parties in circumstances such as:

The addition of new product types to the package structure.
Regulatory changes necessitating modifications to the terms of this Agreement.

In such cases, both parties agree to negotiate and sign a new EU-REP agreement reflecting the updated terms. Should an agreement not be reached, either party may terminate this Agreement in accordance with the 30-day notice requirement outlined in Section 7.

9. Limitation of Liability

The EU-REP’s liability under this Agreement is strictly limited to its performance of the duties outlined in Article 2. Under no circumstances shall the EU-REP be held liable for:

Non-compliance issues arising from the Manufacturer’s actions or omissions.
Any product defects, safety concerns, or damages related to the Manufacturer’s products.
The Manufacturer is solely responsible for fulfilling any waste management or product registration obligations under applicable regulations. These duties, including compliance with extended producer responsibility (EPR) and any other waste-related requirements, are not covered by the EU-Rep service and must be handled independently by the Manufacturer.

10. Confidentiality

The EU-REP agrees to maintain the confidentiality of all technical and commercial information received from the Manufacturer, except where disclosure is required by law or necessary to fulfill obligations under the GPSR (2023/988 EU).

11. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Austria . Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Wr.Neustadt, Austria.