Common use of Safety Standard Changes Clause in Contracts

Safety Standard Changes. Supplier will provide HP oral notice, to be followed by written notice, or email notice within [***] of Supplier having knowledge of the need for any upgrade, substitution or other change required to make Product meet applicable safety standards or requirements of Applicable Law. HP, in its discretion, may require that all affected Product be reworked or returned to Supplier for upgrade to current revisions or be upgraded by Supplier or HP in the field. If Product met applicable safety standards and requirements of Applicable Law at time of manufacture, HP and Supplier will share the costs of any subsequent upgrade, substitution or other required correction as may be equitable under the circumstances; provided that if mutual agreement on sharing such costs is not reached within [***] of Supplier’s initial notice hereunder, the parties will divide costs equally between them. If Product met applicable safety standards and requirements of Applicable Law at the time of Delivery, HP will bear all costs of any subsequent upgrade, substitution or other required correction.

Appears in 2 contracts

Sources: Product Purchase Agreement (Overland Storage Inc), Product Purchase Agreement (Overland Storage Inc)