Mahle warrants to the Buyer that, at the time of delivery, the goods will be free from defects in material and workmanship and will conform to the specifications as stipulated in this contract. The Buyer shall inform Mahle immediately in writing of any defects in the delivered Product(s) as soon as such are determined in accordance with the circumstances of the ordinary course of business. For Product(s) installed as new, used, or sold as service or replacement parts, or unless otherwise agreed to on the face of the Quotation, or in another written agreement, the Warranty Period begins on the date that the Product(s) are delivered to the Buyer (or a related company or third party designated by the Buyer) and expires on the date that is the later of the following: (a) The date on which the period of the Warranty provided by the Buyer (or one of its related companies) for the Product(s) ends, (b) The date on which the period remaining under the applicable New Product Warranty covering the Product(s) ends or, (c) The date on which any longer or broader Government Requirement covering the Product(s) ends.
Non-conformance of the Product(s) with this warranty shall be determined by a robust root cause analysis of all (or if impractical, a statistically significant random sample) of the Product(s). Mahle has the right to fully participate in the root cause analysis and to conduct its own testing. Liability, if any, will be allocated based upon the degree of fault as found by the root cause analysis.
Unless specifically called out in the Statement of Work (SOW), prints, or specifications, Mahle is not responsible for nor liable to the Buyer for damages(for breach of warranty or otherwise) arising out of, or related to, the selection of the Product(s) for the Buyer, the integration of the Product(s) into any assembly manufactured by the Buyer, placement of the Product(s) within the Buyer’s assembly or vehicle, and/or additional shielding or protection of the Product(s) as a result of the environment in which the Product(s) operates.
No warranty claims shall arise in the event that the defect can be traced to the violation of operating instructions, maintenance and installation provisions, unsuitable or improper use, incorrect or negligent treatment, and natural wear and tear, as well as any interference with the delivered Product(s) by the Buyer or third parties.
Conformance of the Product(s) to the Buyer’s written specifications, or which could not be discovered based upon the testing agreed to between Mahle and the Buyer, is an absolute defense to warranty liability.
In the event that the Product(s) are non-conforming, Mahle’s sole liability to the Buyer and/or Buyer’s Customer(s) and the Buyer’s and/or Buyer’s Customer(s)’ sole remedy under this warranty (whether or not the non-conforming Product(s) have been installed in vehicles and must be the subject of a recall or service action) is limited to the repair or replacement of the non conforming Product(s); provided, however, that written notice that the Product(s) is non-conforming is given by the Buyer to Mahle within ninety (90) days after the delivery of the Product(s) (or if the Buyer’s inspection of the goods could not have revealed the non-conformity, within thirty(30) days after discovery)