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 shall reimburse Buyer for all reasonable losses, costs and damages caused by such nonconforming goods. Such costs and damages may include, without limitation, costs, expenses and losses of Buyer and/or its customers arising from (i) inspection, sorting, repair or replacement of any nonconforming goods or any system or component that incorporates such nonconforming goods, (ii) production interruptions or slowdowns, (iii) offlining of vehicles or component systems, and (iv) field service campaigns and other corrective service actions, 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.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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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 shall will reimburse Buyer for all reasonable losses, costs and damages caused by incurred in connection with such nonconforming goodsGoods. Such costs and damages may include, without limitation, include costs, expenses and losses of Buyer and/or its customers Customers arising from from: (ia) inspection, sorting, repair or replacement of any nonconforming goods non-conforming Goods or any system or component that incorporates such nonconforming goodsnon-conforming Goods, (iib) production interruptions or slowdowns, (iiic) offlining removal of vehicles or component systemssystems from the manufacturing or assembly process, and (ivd) field service campaigns and other corrective service actions, including, without limitation, 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.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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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 shall will reimburse Buyer for all reasonable losses, costs and damages caused by incurred in connection with such nonconforming goodsGoods. Such costs and damages may include, without limitation, include costs, expenses and losses of Buyer and/or its customers Customers arising from from: (ia) inspection, sorting, repair or replacement of any nonconforming goods non- conforming Goods or any system or component that incorporates such nonconforming goodsnon-conforming Goods, (iib) production interruptions or slowdowns, (iiic) offlining removal of vehicles or component systemssystems from the manufacturing or assembly process, and (ivd) field service campaigns and other corrective service actions, including, without limitation, 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.

Appears in 1 contract

Samples: General Terms and Conditions

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