Common use of Failure to Correct Clause in Contracts

Failure to Correct. In the event that Seller fails to undertake and prosecute reasonable actions to correct defects after written notice from Purchaser, in accordance with Section 13.3 above, then Purchaser, after providing five (5) Business Days’ Notice to Seller, may correct the defect so that the defective component complies with the requirements of this Agreement, and Seller shall be liable for all Losses incurred by Purchaser in connection with the repair or replacement and shall forthwith pay to Purchaser an amount equal to those Losses upon receipt of invoices with supporting documentation certified by Purchaser. 41

Failure to Correct. In the event that Seller fails to undertake and prosecute reasonable actions to correct defects after written notice from Purchaser, in accordance with Section 13.3 above, then Purchaser, after providing five (5) Business Days’ Notice to Seller, may correct the defect so that the defective component complies with the requirements of this Agreement, and Seller shall be liable for all Losses incurred by Purchaser in connection with the repair or replacement and shall forthwith pay to Purchaser an amount equal to those Losses upon receipt of invoices with supporting documentation certified by Purchaser. 4139