Common use of Buyer Losses Clause in Contracts

Buyer Losses. Seller is liable for all direct, incidental and consequential damages, losses, costs, and expenses (including attorneys’ fees) incurred by Buyer resulting from Seller’s failure to deliver conforming and non-defective Products or to comply with the shipping, delivery or other requirements of Buyer, even if Seller has cured the failure (collectively, “Buyer Losses”). Buyer Losses include, but are not limited to, the following: (i) any amounts charged by Buyer’s customer(s); (ii) all costs of containment, sorting, repair, replacement, cure, cover, or any other costs incurred by Buyer, in such manner and in such amount as reasonably determined by Buyer; and/or (iii) all costs of any recall campaign, corrective service action, or other voluntary or involuntary action in which Buyer or any customer participates in connection with the inclusion of Products in goods sold by Buyer.

Appears in 6 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Buyer Losses. Seller is liable for all direct, incidental and consequential damages, losses, costs, and expenses (including attorneys’ fees) incurred by Buyer resulting from SellerXxxxxx’s failure to deliver conforming and non-defective Products or to comply with the shipping, delivery or other requirements of Buyer, even if Seller has cured the failure (collectively, “Buyer Losses”). Buyer Losses include, but are not limited to, the following: (i) any amounts charged by Buyer’s customer(s); (ii) all costs of containment, sorting, repair, replacement, cure, cover, or any other costs incurred by Buyer, in such manner and in such amount as reasonably determined by Buyer; and/or (iii) all costs of any recall campaign, corrective service action, or other voluntary or involuntary action in which Buyer or any customer participates in connection with the inclusion of Products in goods sold by Buyer.

Appears in 1 contract

Samples: General Terms and Conditions

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Buyer Losses. Seller is liable for all direct, incidental and consequential damages, losses, costs, perjuicios and expenses (including attorneys’ fees) incurred by Buyer resulting from Seller’s failure to deliver conforming and non-non- defective Products or to comply with the shipping, delivery or other requirements of BuyerSeller’s obligation(s), even if Seller has cured the failure (collectively, “Buyer Losses”). Buyer Losses include, but are not limited to, the following: (i) any amounts charged by Buyer’s customer(s); (ii) all costs of containment, sorting, repair, replacement, cure, cover, or any other costs incurred by Buyer, in such manner and in such amount as reasonably determined by Buyer; and/or (iii) all costs of any recall campaign, corrective service action, or other voluntary or involuntary action in which Buyer or any customer participates in connection with the inclusion of Products in goods sold by Buyer.

Appears in 1 contract

Samples: General Terms and Conditions

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