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 Agreement, Seller will reimburse Buyer for all losses, costs and damages caused by such non-conforming 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, and (d) 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 AgreementContract, Seller will shall reimburse Buyer for all reasonable losses, costs and damages caused by such non-conforming Goodsnonconforming goods. Such costs and damages may include include, without limitation, costs, expenses and losses of Buyer and/or its 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, (c) removal of vehicles or component systems from the manufacturing or assembly process, and (d) payments made to Buyer’s customers under any applicable warranty programs or policies.,