1.1 General
AAM warrants and guarantees to Buyer, its successors, assigns, and customers that the goods and services covered by the AAM Contract will (a) conform to the Contract requirements and the current release/revision level (based on the date Buyer’s release is issued to AAM) of Buyer’s applicable specifications and drawings, (b) conform to all samples, descriptions, brochures, and manuals furnished by AAM or Buyer, (c) comply with all applicable industry standards and all government laws, regulations, and requirements of the countries in which the goods are manufactured or shipped from, and where the goods are to be ultimately used or sold, including, but not limited to, the standards issued under the National Traffic and Motor Vehicle Safety Act, as amended, (d) be merchantable, (e) be free from all defects in design, materials, and workmanship, (f) be fit and sufficient for the particular purposes intended; AAM acknowledging that it knows about Buyer’s intended use and the intended use of Buyer’s customers, and waives any claims or defenses that it was unaware of such intended uses, and (g) comply with all other implied warranties provided to Buyer under law or in equity. All warranties of AAM, express or implied, and all remedies of Buyer, in this Section and elsewhere, shall survive any delivery, inspection, tests, acceptance, processing and/or expiration or termination of the AAM Contract.
1.2 Warranty Period
In the case of goods supplied for use as (or incorporation into) parts, components, or systems for automotive vehicles or other finished products, the period for each of the Section 1.1 warranties will commence upon delivery of the goods to Buyer and, except as provided in the Section 1.3 or as otherwise expressly agreed in writing by an authorized employee of Buyer, end forty-eight (48) months following the date the vehicle or other finished product on which such parts, components, or systems are installed, is first sold and delivered or otherwise utilized for consumer or commercial purposes; provided, however, that Buyer offers and provides a longer warranty to its customers with respect to any such parts, components, or systems, then such longer warranty period will apply to the goods. In the case of goods supplied for other uses, the period for each of the foregoing warranties will be provided by applicable law, unless otherwise expressly agreed in writing by an authorized employee of Buyer.
1.3 Recalls
Notwithstanding the expiration of the warranty period set forth in the Section 1.2, if Buyer and/or the manufacturer of the vehicles (or other finished product) on which the goods or any parts, components, or systems incorporating the goods, are installed, makes an offer to owners of such vehicles to provide remedial action to address a defect that relates to motor vehicle safety or the failure of the vehicle to comply with any applicable law, safety standard, or guideline (a “Recall”), AAM will nonetheless be liable for all losses associated with the conduct of such recall to the extent that such losses result from, or relate to, goods that fail to conform to the warranties and other requirements set forth in the AAM Contract.