Customer Requirements ▪ Seller shall comply with the applicable terms and conditions of any agreements between Buyer and Xxxxx’s Customer (the “Customer Purchase Orders”) pursuant to which Buyer agreed to sell to Buyer’s Customer products or assemblies which incorporate the goods provided by Seller hereunder. This provision specifically includes costs and obligations imposed by warranty programs instituted by the original equipment manufacturer that ultimately purchases Buyer’s products that incorporate the goods sold by Seller if applicable to Buyer under the terms of the Customer Purchase Order. ▪ If Buyer is not acting as a Tier One supplier, the defined term “Customer Purchase Order” shall also include the terms and conditions of the original equipment manufacturer that ultimately purchases Buyer’s product that incorporates the goods or services sold by Seller. ▪ Seller will be responsible to ascertain how the disclosed terms affect Seller’s performance under the Purchase Order. ▪ By written notice to Seller, Buyer may elect to disclose and have the provisions of the Customer’s Purchase Orders prevail over any term of the Purchase Order at any time.
