Common use of Structural defect Clause in Contracts

Structural defect. If the Buyer has purchased from the Seller multiple Subjects of Purchase of the same specification and if at least 10% of them (but at least two pieces) in each calendar year have the same defect, all supplied Subjects of Purchase of the given specification shall be considered defective. The rights from such defective performance shall not expire sooner than by the expiry of the 10-year period starting by the date of take-over of the Subject of Purchase by the Buyer.