Liability/Warranty
Suppliers will
warrant that all goods supplied conform to the requirements, specifications,
drawings, samples or other descriptions furnished or adopted by Sensata and
that they are of good material and workmanship and free from all defect in
manufacture or design, and are of merchantable quality and fit for their
intended purpose. Such warranties shall run to the benefits of Sensata, its
employees and purchasers from Sensata. Sensata’s approval of designs
furnished shall not relieve suppliers of their obligation under this warranty.
All supplier warranties shall be effective for a period of four (4) years from
the date of acceptance of goods by Sensata, or for such longer period as
specified by Sensata. All costs associated with goods failing warranty provided
above shall be the responsibility of the supplier, including expenses and
penalties incurred by Sensata at its manufacturing facilities and/or those that
occur after the goods have been delivered to Sensata’s customers.
In the event that a
defect in the suppiers product results in Sensata reimbursing its customers or
directly incurring costs for a field action, product recall or other corrective
action, the supplier shall be liable for reimbursement for all such expenses
incurred by Sensata and/or Sensata's customers with the understanding that the
portion to be borne by the supplier shall be proportional to the degree of
their responsibility for the situation. In the event of a dispute as to: (a)
whether in fact a defect exists in any product supplied; (b) whether such
defect was proximate cause of such field action, product recall or other
corrective action; or (c) the degree of the suppliers responsibility for the
situation; such dispute and any claims, questions of differences between
parties shall be submitted to arbitration in the City of Boston, administered
by the American Arbitration Association in accordance with the provisions of
its Commercial Arbitration rules.