Common use of SELLER'S FAILURE TO CORRECT NONCOMPLIANCE Clause in Contracts

SELLER'S FAILURE TO CORRECT NONCOMPLIANCE. If during the Warranty Period Buyer requests Seller to correct any Product that does not comply with the warranty set forth in paragraph 7.1 and Seller thereafter fails to correct the noncompliance or otherwise comply with the requirements of paragraph 7.2, or indicates its inability or unwillingness to comply, then Buyer may perform (or cause performance of) the correction or otherwise achieve compliance by the most expeditious means available to it (by contract or otherwise) and charge to or otherwise recover (for example, by offset against the compensation otherwise payable to Seller under this Agreement) from Seller all reasonable costs thereof that are associated with the direct repair of the Product. Buyer's rights to perform corrections, achieve compliance and recover the costs thereof from Seller shall not be interpreted or construed as obligating Buyer to make any correction or otherwise achieve compliance. Further, Seller's obligations (including warranty) shall not be limited or reduced in any way because of any corrections performed or caused to be performed by Buyer or Buyer's rights to perform the same. However, Seller will have no obligation for damage to a Product where such damage is caused by the efforts of Buyer or Buyer's representative in correcting the noncompliance.

SELLER'S FAILURE TO CORRECT NONCOMPLIANCE. If during the Warranty Period Buyer requests Seller to correct any Product that does not comply with the warranty set forth in paragraph 7.1 and Seller thereafter fails to correct the noncompliance or otherwise comply with the requirements of paragraph 7.2, or indicates its inability or unwillingness to comply, then Buyer may perform (or cause performance of) the correction or otherwise achieve compliance by the most expeditious means available to it (by contract or otherwise) and charge to or otherwise recover (for example, by offset against the compensation otherwise payable to Seller under this Agreement) from Seller all reasonable costs thereof that are associated with the direct repair of the Product. Buyer's rights right to perform corrections, achieve compliance and recover the costs thereof from Seller shall not be interpreted or construed as obligating Buyer to make any correction or otherwise achieve compliance. Further, Seller's obligations (including warranty) shall not be limited or reduced in any way because of any corrections performed or caused to be performed by Buyer or Buyer's rights to perform the same. However, Seller will have no obligation for damage to a Product where such damage is caused by the efforts of Buyer or Buyer's representative in correcting the noncompliance.