Common use of Epidemic Failure Clause in Contracts

Epidemic Failure. The term “Epidemic Failure” means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Products shipped during any rolling six (6) month period.

Epidemic Failure. The term “Epidemic Failure” means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess the occurrence of one or more recurring material failures in a Product, as supplied by Supplier during its Warranty Period (as defined below in Section 7.1), due to a recurring single root cause in Supplier Workmanship (also as defined in Section 7.1) discovered either in testing or in the field at a failure rate over any rolling 90 day period exceeding five percent (15%) of the total number of Products shipped such Product delivered during any rolling six (6) month such period.