Common use of Recall Campaigns Clause in Contracts

Recall Campaigns. Seller shall indemnify and hold Buyer harmless against all loss, liability, damage cost or expense incurred by Buyer or its customers if Buyer recalls from Buyer's customers or others any Products furnished hereunder or an end product employing any such Products as apart or component thereof or repairs, replaces or refunds the purchase price of such Products or end product. This indemnity shall apply only if the recall, repair, replacement or refund (a) is required pursuant to applicable statutes, laws or regulations; (b) is required pursuant to Buyer's contractual obligations to its customers, end users or end customers; or (c) in Buyer's reasonable commercial judgment is necessary to preserve Buyer's commercial reputation as a supplier of reliable, high quality products. If Seller's Products are not the sole cause of such action by Xxxxx, then Buyer shall apportion its costs, damages and expenses as it shall determine is reasonable and equitable. Buyer shall use reasonable efforts to inform Xxxxxx promptly after Xxxxx learns of facts which may require a recall, or repair, replacement or refund pursuant to this section. Buyer shall have the right, without the consent of Seller, to report to any administrative or regulatory body any information which Buyer obtains indicating that the Products furnished by Seller either fail to conform to any standard required by law, or constitute or create of themselves or within the end product of which they are a part or component a situation requiring recall or notice as defined by the applicable law. Seller shall prepare, maintain and file with the appropriate agency those records and reports relating to the manufacture, sale, use and characteristics of the Products furnished to Buyer under this order which may be required by any federal, state or local law or regulation concerning the manufacture, sale or use of the Products or the end products of which the Products may be a part or component. Seller shall provide Buyer with copies of such records at Xxxxx's request and shall give Buyer access to Seller's records that allow Xxxxx to confirm Seller's compliance with this section. Seller shall comply with all Product Safety and Compliance Requirements contained in the SQSR manual, and on the Seller accessible website established by Buyer for supplier related requirements and related matters.

Appears in 2 contracts

Samples: www.kciinc.net, centralconveyor.com

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Recall Campaigns. Seller shall indemnify and hold Buyer harmless against all losslosses, liabilityliabilities, damage cost or expense damages, costs and expenses incurred by Buyer or its customers if Buyer recalls from Buyer's ’s customers or others any Products furnished hereunder or an end product employing any such Products as apart a part or component thereof or repairs, replaces or refunds the purchase price of such Products or end product. This indemnity shall apply only if the recall, repair, replacement or refund (a) is required pursuant to applicable statutes, laws or regulations; (b) is required pursuant to Buyer's ’s contractual obligations to its customers, end users or end customers; or (c) in Buyer's ’s reasonable commercial judgment judgment, is necessary to preserve Buyer's ’s commercial reputation as a supplier of reliable, high quality products. If Seller's ’s Products are not the sole cause of such action by Xxxxx, then Buyer shall apportion its costs, damages and expenses as it shall determine determine, acting reasonably, is reasonable and equitable. Buyer shall use reasonable efforts to inform Xxxxxx promptly after Xxxxx learns of facts which may require a recall, or repair, replacement or refund pursuant to this section. Buyer shall have the right, without the consent of Seller, to report to any administrative or regulatory body any information which Buyer obtains indicating that the Products furnished by Seller either fail to conform to any standard required by law, or constitute or create of themselves themselves, or within the end product of which they are a part or component component, a situation requiring recall or notice as defined by the applicable law. Seller shall prepare, maintain and file with the appropriate agency those records and reports relating to the manufacture, sale, use and characteristics of the Products furnished to Buyer under this order which may be required by any federal, state or local law or regulation concerning the manufacture, sale or use of the Products or the end products of which the Products may be a part or component. Seller shall provide Buyer with copies of such records at Xxxxx's ’s request and shall give Buyer access to Seller's ’s records that allow Xxxxx Buyer to confirm Seller's ’s compliance with the terms of this section. Seller shall comply with all Product Safety and Compliance Requirements contained in the SQSR manual, and on the Seller accessible website established by Buyer for supplier related requirements and related matters.

Appears in 1 contract

Samples: www.cummins.com

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Recall Campaigns. Seller shall indemnify and hold Buyer harmless against all losslosses, liabilityliabilities, damage cost or expense damages, costs and expenses incurred by Buyer or its customers if Buyer recalls from Buyer's ’s customers or others any Products furnished hereunder or an end product employing any such Products as apart a part or component thereof or repairs, replaces or refunds the purchase price of such Products or end product. This indemnity shall apply only if the recall, repair, replacement or refund (a) is required pursuant to applicable statutes, laws or regulations; (b) is required pursuant to Buyer's ’s contractual obligations to its customers, end users or end customers; or (c) in Buyer's ’s reasonable commercial judgment judgment, is necessary to preserve Buyer's ’s commercial reputation as a supplier of reliable, high quality products. If Seller's ’s Products are not the sole cause of such action by Xxxxx, then Buyer shall apportion its costs, damages and expenses as it shall determine is reasonable and equitable. Buyer shall use reasonable efforts to inform Xxxxxx promptly after Xxxxx learns of facts which may require a recall, or repair, replacement or refund pursuant to this section. Buyer shall have the right, without the consent of Seller, to report to any administrative or regulatory body any information which Buyer obtains indicating that the Products furnished by Seller either fail to conform to any standard required by law, or constitute or create of themselves themselves, or within the end product of which they are a part or component component, a situation requiring recall or notice as defined by the applicable law. Seller shall prepare, maintain and file with the appropriate agency those records and reports relating to the manufacture, sale, use and characteristics of the Products furnished to Buyer under this order which may be required by any federal, state or local law or regulation concerning the manufacture, sale or use of the Products or the end products of which the Products may be a part or component. Seller shall provide Buyer with copies of such records at Xxxxx's ’s request and shall give Buyer access to Seller's ’s records that allow Xxxxx Buyer to confirm Seller's ’s compliance with the terms of this section. Seller shall comply with all Product Safety and Compliance Requirements contained in the SQSR manual, and on the Seller accessible website established by Buyer for supplier related requirements and related matters.

Appears in 1 contract

Samples: www.cummins.com

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