Common use of Product Servicing Clause in Contracts

Product Servicing. (a) Seller shall maintain an efficient and high-quality repair and replacement service for all damaged, defective or otherwise malfunctioning Products and a reasonably adequate inventory of spare Products for timely repair and replacement of such Products. Seller shall promptly and properly make all necessary repairs and replacements of the Products as and when required, in accordance with the highest technical standards. (b) Seller repairs and replacements shall be at its own expense for those covered by its warranties, but Seller may, if approved in advance by RIVERSIDE, charge a commercially reasonable amount to RIVERSIDE or the RIVERSIDE customer requesting the service, as the case may be, for those not covered by Seller’s warranties. For avoidance of doubt, any repair or replacement needed to address a recall (including a safety recall carried out under Section 15(b) of the U.S. Consumer Product Safety Act, as amended by the Consumer Product Safety Improvement Act of 2008, and as further amended from time to time (“CPSA”)) shall be at Seller’s sole expense. (c) RIVERSIDE may instruct RIVERSIDE customers to work through RIVERSIDE’s or Seller’s customer service department to handle returns and to resolve claims of deliveries with missing, damaged, defective or otherwise non-conforming Products. Seller will (i) accept returns sent to Seller by RIVERSIDE or RIVERSIDE customers, in accordance with RIVERSIDE’s then current returns policy, and (ii) at Seller’s expense, promptly provide and ship suitable replacements for all claims of defective Products (in accordance with RIVERSIDE’s Defective Product Policy), or missing or damaged Products submitted by RIVERSIDE to Seller. In addition, RIVERSIDE may elect at any time to complete any repairs and/or replacements itself or to forward malfunctioning Products to Seller for repair and/or replacement by Seller. If RIVERSIDE elects at any time to complete any repairs and/or replacements itself, then Seller shall provide all necessary spare Products to RIVERSIDE as and when requested by RIVERSIDE to allow it to complete the repairs and/or replacements in a proper and timely manner, together with any service information necessary or reasonably requested by RIVERSIDE for that purpose. Seller shall supply the spare Products to RIVERSIDE free of charge for repairs and/or replacements by RIVERSIDE that are covered by Seller’s warranties but shall supply the spare Products to RIVERSIDE at Seller’s net cost for those not covered by Seller’s warranties. Seller also shall reimburse RIVERSIDE’s reasonable costs (including labor costs) incurred to provide repairs and/or replacements that are covered by Seller’s warranties. (d) Except as may be otherwise agreed in writing by Seller and RIVERSIDE, this Section 13 shall survive until at least the later of (i) the duration of Seller’s warranties with respect to the Products and (ii) the expiration of the three (3) year period commencing upon the last sale of Products to or for RIVERSIDE under this Order. Seller’s warranties with respect to each Product shall commence on the date of manufacture of the applicable Product and remain in effect hereafter for at least two (2) years after the sale of such Product to the applicable RIVERSIDE customer. (e) To the extent RIVERSIDE designates service centers outside RIVERSIDE to perform any of the services that RIVERSIDE is authorized to perform under this Section 13, the provisions of this Section 13 shall extend and apply to those service centers as well.