Common use of Failure Analysis Clause in Contracts

Failure Analysis. Upon written request from Buyer, Seller will perform failure analysis of Products returned to Seller with a Seller-issued Return Material Authorization number. If such analysis shows the existence of material defects in breach of applicable Seller warranties, Seller will not be entitled to payment for the cost of Seller’s failure analysis concerning such defects for the specific Products which were subject to them. In the event that Buyer repeatedly requests that Seller perform failure analysis for Products which prove to have no material defect in breach of applicable Seller warranties, Seller reserves the right to condition further failure analysis activities upon satisfactory arrangements for payment to Seller for the reasonable costs involved.

Failure Analysis. Upon written request from Buyer, Seller will perform failure analysis of Products returned to Seller with a Seller-issued Return Material Authorization number. If such analysis shows the existence of material defects in breach of applicable Seller warranties, Seller will not be entitled to payment for the cost of Seller’s failure analysis concerning such defects for the specific Products which were subject to them. In the event that Buyer repeatedly requests that Seller perform failure analysis for Products which prove to have no material defect in breach of applicable Seller warranties, Seller reserves the right to condition further failure analysis activities upon satisfactory arrangements for payment to Seller for the reasonable costs involved.. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AND CONFIDENTIAL TERMS HAVE BEEN OMITTED