Serial Defects. If the same defect or deficiency shall occur in the same part or component of twenty per cent (20%) or more of the Units (a “Serial Defect”), the Seller shall promptly investigate the root cause of such Serial Defect, determine whether such Serial Defect is reasonably likely to occur in any additional Units, and provide the Buyer with a detailed written report addressing these issues. The warranties set forth in this Article 16 shall continue to be in full force and effect for the part or component containing the Serial Defect for an additional eighteen (18) months beyond the expiration of the applicable Warranty Period. Any dispute between the Parties as to whether there is a Serial Defect shall be determined in accordance with Article 32.
Serial Defects. If any Serial Defect arises at any time prior to Project Mechanical Completion, Owner shall provide notice to Contractor of such Serial Defect or, if Contractor becomes aware of any such Serial Defect, Contractor shall provide written notice of the same to Owner. Contractor shall determine what changes, repairs or replacements to any affected items of Equipment are necessary to correct such Serial Defect and to avoid further failures of the Equipment at the Project which may not have yet experienced such failures, and Contractor shall make such necessary changes, repairs or replacements to all the Equipment installed at the Project (whether or not such Equipment is installed, has been tested or has experienced such failures) all at its own cost and expense. Contractor shall repeat such process on an iterative basis until such Serial Defect and the underlying cause thereof is corrected.
Serial Defects. If the same defect or deficiency shall occur in either 30% or more of the generators in the Units or 30% or more of the gear boxes in the Units (a “Serial Defect”), the Seller shall promptly investigate the root cause of such Serial Defect, determine whether such Serial Defect is reasonably likely to occur in any additional Units, and provide the Buyer with a detailed written report addressing these issues. The warranties set forth in this Article 16 shall continue to be in full force and effect for the part or component containing the Serial Defect for an additional eighteen (18) months beyond the expiration of the applicable Warranty Period. Any dispute between the Parties as to whether there is a Serial Defect shall be determined in accordance with Article 32.
Serial Defects. Without limiting Section 15.6, if any Serial Defect arises at any time prior to Substantial Completion, Owner shall provide notice to Contractor of such Serial Defect or, if Contractor becomes aware of any such Serial Defect, Contractor shall provide written notice of the same to Owner. Contractor shall determine what changes, repairs or replacements to any affected items of Facility Equipment are necessary to correct such Serial Defect and to avoid further failures of the Facility Equipment at the Facility which may not have yet experienced such failures, and Contractor shall make such necessary changes, repairs or replacements to all the Facility Equipment installed at the Facility (whether or not such Facility Equipment is installed, has been tested or has experienced such failures) all at its own cost and expense. Contractor shall repeat such process on an iterative basis until such Serial Defect and the underlying cause thereof is corrected. SUBSTANTIAL COMPLETION
Serial Defects. 10.1 SELLER warrants that the Products shall be free from epidemic faults. Epidemic faults are for the purpose of this Agreement defined as defects which are the same or have the same cause or effect and occur over a period of twelve (12) months with a class failure quantity of at least three (3) in twenty (20) sequentially delivered units, within a period of one (1) year from the delivery date of the last sequentially delivered unit to an END USER. In case of such epidemic faults, SELLER shall repair or replace such, units and it further warrants that units not yet delivered to end-user customers will be upgraded, and for units in the field upgraded components or parts will be made available from SELLER at no charge and DISTRIBUTOR will be responsible for the building in and building out of the said components or parts at SELLER’s expense; provided DISTRIBUTOR shall request such assistance from SELLER as it may reasonably request.
10.2 Excluded from SELLER’s warranty and liability for defects are all deficiencies which cannot be proved to have their origin in bad material, faulty design or poor workmanship, i.e. those resulting from normal wear and tear, improper handling or maintenance, failure to observe the operating instructions. Also excluded are defects in components provided by DISTRIBUTOR or its affiliates.
Serial Defects. 2.6.1 If a Defect in a Major Component resulting from a similar failure mode or which otherwise could reasonably be expected to result from the same root cause is discovered prior to the expiration of the Defect Warranty Period for the last Wind Turbine in an aggregate number of such Major Components at the Project equal to or greater than the Serial Defect Threshold Number, Buyer shall provide Written Notice of the same in accordance with Section of this Agreement. For purposes of determining whether the Serial Defect Threshold Number has been reached, only failures occurring in a Wind Turbine during the Defect Warranty Period for such Wind Turbine shall be counted. If Buyer provides such written notice, Supplier may demonstrate to Buyer’s reasonable satisfaction that such Defect is not due to a design or manufacturing fault. If Supplier demonstrates to Buyer’s reasonable satisfaction that such Defect is not due to a design or manufacturing fault and such Defect occurs during the applicable Defect Warranty Period, Supplier shall be liable solely for correcting such Defect in the manner set forth in Section and shall do so with respect to all Wind Turbines at the Project Site determined to contain such Defect in a Major Component.
2.6.2 If Supplier fails to demonstrate to Buyer’s reasonable satisfaction that the Defect identified pursuant to Section is not due to a design or manufacturing fault, then it will take the following remedial action. If such Defect is the result of a manufacturing fault, Supplier shall correct such Defect in the applicable Major Component in the manner provided in Section with respect to all Wind Turbines at the Project Site for which the applicable Defect Warranty Period has not expired that are determined to contain the same defectively manufactured Major Component regardless of whether or not such Major Component has exhibited the Defect in question. If such Defect is the result of a design fault, Supplier shall cause the Major Component in question to be repaired, re-designed or retrofitted for all of the Wind Turbines at the Project Site for which the applicable Defect Warranty Period has not expired that are determined to contain the same defectively designed Major Component, regardless of whether or not such Major Component has exhibited the Defect in question. During the re-design and retrofit process required under this Section , Supplier shall address the cause, and not just the effect, of any Defect in a Major Componen...
Serial Defects. 6.1. A serial defect is at hand if due to the type of defect/fault and the cause of an occurred defect/fault it is determined that this defect/fault might occur in all of the parts/components Congatec delivers or in a certain range of parts/components Congatec delivers. This shall be especially assumed if the notices of defect/fault reach a limiting value of [***]% but at least [***] defect/fault cases according to the following definition. For the consideration, the defect/fault cases jointly accepted by B&R and Congatec shall be relevant. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
6.2. The calculation of the percentage value shall follow from the ratio of the defective/faulty parts/components of a delivery to the number of entirely delivered, similar parts/components of this delivery. The defects/faults considered for the notices of defect/fault presuppose the same level of inspection.
6.3. In the case of a serial defect, Congatec shall either, at B&R’s choice, provide replacement parts/components free of defects/faults for all delivered parts/components possibly exhibiting the serial defect, whether or not the defect/fault has already occurred, and within the scope of the limitation on liability pursuant to item 12 of this Agreement, shall assume all costs for replacing the respective parts/components and the resulting costs for shipment and assembly or carry out the replacement and/or rectification of defects free of charge and reimburse B&R for all further expenses occurring in this regard due to the replacement and/or rectification.
Serial Defects.
13.1. Should similar defects occur during the warranty period specified in Clause 12.6 or within a period of five (5) years after its expiry in more than 2 % of the products (“serial defects”), then all products delivered by the Contractor to the Client or directly to customers of the Client within the period specified shall be regarded as also demonstrating this defect.
13.2. The parties shall inform each other immediately of the occurrence of serial defects. The Contractor shall then immediately take all suitable measures to rectify the defects. In this case, the Contractor shall bear all costs associated with the performance of error rectification, in particular:
a) The costs for rectification or replacement delivery of the defect products, including compensation for manufacturing and processing costs incurred without avail.
b) The costs for the removal of defect products and installation of rectified or newly delivered products,
c) The costs for searches, e.g. inspections, tests, reports etc. carried out to determine the error,
d) The costs for the inspections, tests etc. that are performed after error rectification, e.g. at the request of the Client’s customers in connection with the acceptance of defect rectification,
e) Travel and accommodation costs spent by the Client, including food and lodging costs to be reimbursed resulting from business or employment obligations.
f) The costs and risk of returning defect products,
g) The costs of any product recalls that may become necessary at the Client’s discretion.
Serial Defects. If fifteen percent (15%) or more of the same or substantially similar type of component comprising the Work contains a Defect (that Defect, a “Serial Defect”) then Seller shall perform, at its sole cost and expense, an industry-standard root cause analysis of that component failure to determine whether the failure constitutes a Serial Defect of either manufacture or design. If the Serial Defect is a manufacturing defect, then Seller shall require the manufacturer of the component or components to repair, replace or otherwise correct all such components, irrespective of whether or not the Defect has manifested itself. If the Serial Defect is a design defect, then Seller shall cause the manufacturer redesign, retrofit, repair, and replace the components, irrespective of whether or not the Defect has manifested itself, to eliminate the Serial Defect as quickly as possible. Any item repaired or replaced under this Section 13.7 shall be warranted for the time period set forth in Section 13.2. 40
Serial Defects. If at Substantial Completion the System’s System Energy Rating is equal to or greater than 100 MWh and during the Warranty Period, Buyer notifies Tesla of a suspected Serial Defect (defined below), Tesla will as soon as reasonably practicable perform or cause to be performed a root cause analysis with respect to such suspected Serial Defect. If the root cause analysis establishes that the failure was the result of a Defect (defined below) from the same root cause, and that Defect is reasonably likely to involve 15% or more of the total number of inverter power stages, battery modules, or thermal management systems installed at the Site, that Defect shall be deemed to be a “Serial Defect”. Components that are the subject of a Serial Defect shall be repaired, redesigned, or replaced in accordance with the Manufacturer’s Limited Warranty as claims are made under the Manufacturer’s Limited Warranty with respect to such components on a case by case basis. “Defect” for purposes of this Section 9(e) has the meaning set forth in the Manufacturer’s Limited Warranty.
