Common use of REMEDIES AND DAMAGES Clause in Contracts

REMEDIES AND DAMAGES. If any Goods are reasonably determined (including by use of statistical analysis or other sampling methodology) to fail to conform to the warranties set forth in this Contract, Seller will reimburse Buyer for all losses, costs and damages incurred in connection with such nonconforming Goods. Such costs and damages may include costs, expenses and losses of Buyer and/or its Customers arising from: (a) inspection, sorting, repair or replacement of any non-conforming Goods or any system or component that incorporates such non-conforming Goods, (b) production interruptions or slowdowns, (c) removal of vehicles or component systems from the manufacturing or assembly process, (d) field service campaigns and other corrective service actions, including the amounts paid to distributors and/or dealers for materials and replacement parts (including reasonable markup to recover administrative costs or other capital expenses) and the labor costs to perform such work, and (e) payments made to Buyer’s Customers under any applicable warranty programs or policies.

REMEDIES AND DAMAGES. If any Goods goods are reasonably determined (including by use of statistical analysis or other sampling methodology) to fail to conform to the warranties set forth in this Contract, Seller will shall reimburse Buyer for all reasonable losses, costs and damages incurred in connection with caused by such nonconforming Goodsgoods. Such costs and damages may include include, without limitation, costs, expenses and losses of Buyer and/or its Customers customers arising from: from (ai) inspection, sorting, repair or replacement of any non-conforming Goods nonconforming goods or any system or component that incorporates such non-conforming Goodsnonconforming goods, (bii) production interruptions or slowdowns, (ciii) removal offlining of vehicles or component systems from the manufacturing or assembly processsystems, and (div) field service campaigns and other corrective service actions, including including, without limitation, the amounts paid to distributors and/or dealers for materials and replacement parts (including reasonable markup to recover administrative costs or other capital expenses) and the labor costs to perform such work, and (e) payments made to Buyer’s Customers under any applicable warranty programs or policies.

REMEDIES AND DAMAGES. If any Goods goods are reasonably determined (including by use of statistical analysis or other sampling methodology) to fail to conform to the warranties set forth in this Contract, Seller will shall reimburse Buyer for all reasonable losses, costs and damages incurred in connection with caused by such nonconforming Goodsgoods. Such costs and damages may include include, without limitation, costs, expenses and losses of Buyer and/or its Customers customers arising from: from (ai) inspection, sorting, repair or replacement of any non-conforming Goods nonconforming goods or any system or component product that incorporates such non-conforming Goodsnonconforming goods, (bii) production interruptions or slowdowns, (c) removal of vehicles or component systems from the manufacturing or assembly process, (diii) field service campaigns and other corrective service actions, including including, without limitation, the amounts paid to distributors and/or dealers and or end use customers for materials and replacement parts (including reasonable markup to recover administrative costs or other capital expenses) and the labor costs to perform such work, and (e) payments made to Buyer’s Customers under any applicable warranty programs or policies.