Epidemic Condition. An Epidemic Condition exists when failure reports or statistical testing show that five percent (5%) or more of the same product shipped during any one month contain an identical, repetitive defect in Seller’s supplied material and/or workmanship. If during that warranty period the products show evidence of an Epidemic Condition, Buyer shall he the right, pending correction of the Epidemic Condition, to: (a) Claim either repair and/or replace of the affected Products; or (b) Claim a credit or payment (indemnification) to Seller in an amount equal to the cost to Buyer for qualified, replacement products acceptable to Buyer; or (c) Claim from Seller to be liable for (i) all labor, equipment and processing costs reasonably incurred by Buyer or third parties in the implementation of the corrective action program, including test procedures, test equipment, the testing of products, the cost of repairing and/or replacing the affected products; and (ii) reasonable freight, transportation, customs, duties, insurance, storage, handling and other incidental shipping costs incurred by Buyer in connection with the repair and/or replacement of the affected products. For the oidance of doubt, the costs borne by either party within an agreed corrective action program shall not be considered incidental under this Contract.[收起]