We appreciate your decision to select Liberty Management Group Ltd. ("LMG") to register your medical device establishment with the United States Food and Drug Administration ("FDA") as required by 21 CFR Part 807. This Agreement describes the scope of our relationship with your company. By signing below and submitting the requested registration information to LMG, Your Company agrees to be bound by the terms and conditions listed in this document
1. Services Provided. Our services will be limited to providing the FDA with information necessary to properly and timely register Your establishment with the FDA to comply with the Act. The Services will include assisting Your Company to obtain owner/operator Number and registration number. On the registration form required by the FDA, "Liberty Management Group Ltd " will be identified as the "U.S. Agent" and "Official Correspondent" for Your Company. You understand and agree that the information Your Company provides to LMG for the purpose of completing and submitting the FDAs registration process under the Act will not be privileged or confidential information, and will be used for the purpose of completing a public filing with, among other entities, the United States Government. As "U.S. Agent", LMG may receive notices from the FDA on your behalf relating to the filing, and will transmit such notices to you.
2. Client Information. You agree and warrant that all information that Your Company provides to LMG, including but not limited to any information necessary to register Your Company under the Act (collectively, "Client Information") is correct and truthful to the best of your knowledge. You understand and acknowledge that LMG will rely upon the Client Information Your Company provides to us. You further agree and warrant that you will promptly inform the Firm of any changes in the Client Information on the registration form that is required to be updated to the FDA within thirty (30) days of the change.
3. Termination Notices. Either party may terminate the Relationship at any time for any reason by providing five (5) days prior written notice to the other party. In the event LMG terminates this Agreement, LMG shall not be liable to Your Company for any reimbursement or damages on account of the loss of perspective or actual sales or profits of Your Company, or for Your Companys expenditures, inventory, investments, leases or commitments connected with the business or goodwill of Your Company. In no event shall the LMGs liability exceed the amount of the Fees paid by Your Company to the Firm in any given calendar year.
4. Limitations. LMG shall not be liable for any delay in performing its obligations under this Agreement, if such delay is caused by circumstances beyond LMGs reasonable control.
5. Governing Law, Venue. This Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Illinois, U.S.A. without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the Illinois courts in Will County, Illinois, U.S.A.
