Product Recalls

In the event that any of the goods provided by Supplier pursuant to this Agreement are found by the Supplier, Shipton's Big R, any governmental agency, or any court of competent subject matter jurisdiction adjudicating a dispute arising out of this Agreement or arising out of any other contract between Supplier and a third party for the same or substantially similar goods, to contain a defect, serious quality or performance deficiency, or to otherwise not be in compliance with any standards or requirementso as to require or make advisable that such goods be reworked or recalled, Supplier, will promptly communicate all relevant facts to the appropriate customers and undertake all necessary corrective actions, including those required to meet all obligations imposed by laws, regulations or orders, and shall file all necessary papers, corrective action programs, and other related documents, provided that nothing contained in this section shall preclude Shipton's Big R from taking any such action as may be required of it under such law or regulation or as Shipton's Big R, in its sole discretion, deems reasonably necessary for the health, safety, and welfare of Shipton's Big R’s customers & staff.

Shipton's Big R will not accept any goods that have been reworked or recalled, the Supplier will reimburse Shipton's Big R for any previously delivered goods that have been recalled. The Supplier will further indemnify and hold harmless Shipton's Big R from any and all third-party claims arising out of the Supplier’s provision of recalled goods as provided in this Agreement.