Common use of Customer Claims Clause in Contracts

Customer Claims. Seller’s warranties under this Section 7 are intended to protect Buyer from any and all warranty claims brought against Buyer by Buyer’s customers relating in any manner to the Goods. Buyer will have the right to fully defend any claims from its customers that any Goods supplied by Seller are defective, in breach of warranty, or otherwise did not meet applicable legal or contractual requirements, and all statements by Buyer to its customers regarding the Goods are without prejudice to any rights Buyer may have against Seller with respect to the Goods. Seller waives the right to argue that any position taken by Buyer with its customers in response to its customers’ claims in any way limits Buyer’s right to assert a claim against Seller for breach of warranty, contribution, indemnification or any other claim that may arise from or be related to the subject matter of any of the foregoing. If Seller wishes to participate in any negotiations with Buyer's customers regarding any Goods supplied by Seller under this Agreement or any related claim or litigation regarding such Goods, Seller will, promptly after being made aware of any alleged failure of such Goods to conform to the warranties set forth in this Agreement, provide Buyer with written notice of Seller’s request to participate. Seller acknowledges that Seller’s participation in any negotiations with Buyer’s customers is solely at Buyer’s discretion and nothing in this Agreement grants Seller the right to participate in such negotiations.

Customer Claims. Seller’s warranties under this Section 7 are intended to protect Buyer from any and all warranty claims brought against Buyer by BuyerXxxxx’s customers relating in any manner to the Goods. Buyer will have the right to fully defend any claims from its customers that any Goods supplied by Seller are defective, in breach of warranty, or otherwise did not meet applicable legal or contractual requirements, and all statements by Buyer to its customers regarding the Goods are without prejudice to any rights Buyer may have against Seller with respect to the Goods. Seller waives the right to argue that any position taken by Buyer with its customers in response to its customers’ claims in any way limits Buyer’s right to assert a claim against Seller for breach of warranty, contribution, indemnification or any other claim that may arise from or be related to the subject matter of any of the foregoing. If Seller wishes to participate in any negotiations with BuyerXxxxx's customers regarding any Goods supplied by Seller under this Agreement Contract or any related claim or litigation regarding such Goods, Seller will, promptly after being made aware of any alleged failure of such Goods to conform to the warranties set forth in this AgreementContract, provide Buyer with written notice of Seller’s request to participate. Seller acknowledges that SellerXxxxxx’s participation in any negotiations with BuyerXxxxx’s customers is solely at BuyerXxxxx’s discretion and nothing in this Agreement Contract grants Seller the right to participate in such negotiations.

Customer Claims. Seller’s warranties under this Section 7 are intended to protect Buyer from any and all warranty claims brought against Buyer by BuyerXxxxx’s customers Customers relating in any manner to the Goods. Buyer will have the right to fully defend any claims from its customers Customers that any Goods supplied by Seller are defective, in breach of warranty, or otherwise did not meet applicable legal or contractual requirements, and all statements by Buyer to its customers Customers regarding the Goods are without prejudice to any rights Buyer may have against Seller with respect to the Goods. Seller waives the right to argue that any position taken by Buyer with its customers Customers in response to its customersCustomers’ claims in any way limits Buyer’s right to assert a claim against Seller for breach of warranty, contribution, indemnification or otherwise. At Buyer’s request, Seller will (a) provide Buyer with all information and documentation regarding Seller or the Goods to assist Buyer in any other negotiations with its Customers and (b) participate in any negotiations with Xxxxx and Xxxxx’s Customer, in each case, regarding any Goods supplied by Seller under this Contract or any related claim that may arise from or be related to the subject matter of any of the foregoinglitigation regarding such Goods. If Xxxxx has not requested Seller to participate and Seller wishes to participate in any negotiations with Buyer's customers Xxxxx’s Customers regarding any Goods supplied by Seller under this Agreement Contract or any related claim or litigation regarding such Goods, Seller will, promptly after being made aware of any alleged failure of such Goods to conform to the warranties set forth in this AgreementContract, provide Buyer with written notice of Seller’s request to participate. Seller acknowledges that SellerXxxxxx’s participation in any negotiations with BuyerXxxxx’s customers Customers is solely at BuyerXxxxx’s discretion and nothing in this Agreement Contract grants Seller the right to participate in such negotiations.

Customer Claims. Seller’s warranties under this Section 7 are intended to protect Buyer from any and all warranty claims brought against Buyer by BuyerXxxxx’s customers relating in any manner to the Goods. Buyer will have the right to fully defend any claims from its customers that any Goods supplied by Seller are defective, in breach of warranty, or otherwise did not meet applicable legal or contractual requirements, and all statements by Buyer to its customers regarding the Goods are without prejudice to any rights Buyer may have against Seller with respect to the Goods. Seller waives the right to argue that any position taken by Buyer with its customers in response to its customers’ claims in any way limits Buyer’s right to assert a claim against Seller for breach of warranty, contribution, indemnification or any other claim that may arise from or be related to the subject matter of any of the foregoing. If Seller wishes to participate in any negotiations with BuyerXxxxx's customers regarding any Goods supplied by Seller under this Agreement or any related claim or litigation regarding such Goods, Seller will, promptly after being made aware of any alleged failure of such Goods to conform to the warranties set forth in this Agreement, provide Buyer with written notice of Seller’s request to participate. Seller acknowledges that SellerXxxxxx’s participation in any negotiations with BuyerXxxxx’s customers is solely at BuyerXxxxx’s discretion and nothing in this Agreement grants Seller the right to participate in such negotiations.

Customer Claims. Seller’s warranties under this Section 7 are intended to protect Buyer from any and all warranty claims brought against Buyer by BuyerXxxxx’s customers relating in any manner to the Goods. Buyer will have the right to fully defend any claims from its customers that any Goods supplied by Seller are defective, in breach of warranty, or otherwise did not meet applicable legal or contractual requirements, and all statements by Buyer to its customers regarding the Goods are without prejudice to any rights Buyer may have against Seller with respect to the Goods. Seller waives the right to argue that any position taken by Buyer with its customers in response to its customers’ claims in any way limits Buyer’s right to assert a claim against Seller for breach of warranty, contribution, indemnification or any other claim that may arise from or be related to the subject matter of any of the foregoing. If Seller wishes to participate in any negotiations with Buyer's customers regarding any Goods supplied by Seller under this Agreement or any related claim or litigation regarding such Goods, Seller will, promptly after being made aware of any alleged failure of such Goods to conform to the warranties set forth in this Agreement, provide Buyer with written notice of Seller’s request to participate. Seller acknowledges that SellerXxxxxx’s participation in any negotiations with Buyer’s customers is solely at Buyer’s discretion and nothing in this Agreement grants Seller the right to participate in such negotiations.