Hello,
I've been a couple times in the same situation. In the end it all came down to common sense and finding an agreement that works for both sides - which might be sharing the costs.
Let's look at the facts:
Take those facts and talk to your customer. Let them know, that you understand their predicament and that you want to find a solution that works for both parties. So after you set the stage, you show your proposal for a fix. Make clear the necessary modifications and costs associated. Then at the end, point out that looking at the facts, your partnership with the customer, etc. you propose to share the costs 50/50.
To me this would be a fair agreement, as both parties share the issue and I'm sure that both parties feel more or less "guilty". The "guilty" feeling part is also usually the part, that helps accepting those cost sharing proposals. Also keep in mind, that your customer is under pressure from his OEM, so that should ease the negotiations as well - at least a little.
In summary: Stop looking for a loop hole in your contracts for now, talk to your customer, try to find an agreement to share the cost.
I've been a couple times in the same situation. In the end it all came down to common sense and finding an agreement that works for both sides - which might be sharing the costs.
Let's look at the facts:
- You produced knowingly a part out of spec and didn't change anything about it.
- Your customer knowingly accepted that part for the whole time
- The OEM just found out about it, but knowingly or not (we don't know that) accepted this part for the whole time as well
- The contractual agreements between you and your customer are a bit "fuzzy" on this topic
- The OEM is not amused, because he was (and probably still is) being sent non conforming parts
- Your customer is not amused (and maybe a bit embarrassed) because he was caught off-guard during an audit and now has to react
- You were caught off-guard, thinking that it will just work as usual
Take those facts and talk to your customer. Let them know, that you understand their predicament and that you want to find a solution that works for both parties. So after you set the stage, you show your proposal for a fix. Make clear the necessary modifications and costs associated. Then at the end, point out that looking at the facts, your partnership with the customer, etc. you propose to share the costs 50/50.
To me this would be a fair agreement, as both parties share the issue and I'm sure that both parties feel more or less "guilty". The "guilty" feeling part is also usually the part, that helps accepting those cost sharing proposals. Also keep in mind, that your customer is under pressure from his OEM, so that should ease the negotiations as well - at least a little.
In summary: Stop looking for a loop hole in your contracts for now, talk to your customer, try to find an agreement to share the cost.