Defective Item definition

Defective Item means a Product that has a manufacturing defect or design defect under the product liability laws of the State of Delaware.
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Examples of Defective Item in a sentence

  • Where the Defective Item is not the Vessel but some other Equipment to be installed on the Vessel, the Government may still request the Technical Acceptance and Delivery Acceptance to be conducted for the entire Vessel covering the Defective Item.

  • Not fully functional Defective Item needs immediate repair or replacement.

  • Each of the Members will upon request supply the information necessary to give effect to such elections.

  • In the event that a Defective Item is in a Module of a Tesla battery pack that is In a Tesla Application, and as a result of a Defect, Tesla in its sole discretion replaces a Module, Panasonic will, during the Warranty Period, replace the total number of Items contained in such Module with new (and not refurbished) Items.

  • If Seller does not replace or repair the Defective Item with an Item that meets the Final Acceptance Criteria within * * * days of such notice, Buyer may, at Buyer's option; (a) return the Item for * * * or (b) have the Item replaced with a new Item from Seller or repaired by Seller within * * * business days of Buyer's written election of option (b).

  • If Seller does not replace or repair the Defective Item with an Item that meets the Final Acceptance Criteria within * * * days of such notice, Buyer may, at Buyer's option; (a) return the Item for * * *, (b) have the Item replaced with a new Item from Seller or repaired by Seller within * * * business days of Buyer's written election of -------- ***Confidential treatment has been requested for portions of this exhibit.

  • The SP Entity may reject a Deliverable by notice to Contractor for defect or non-conformance with the requirements of the Agreement (a “Defective Item”) at any time, if a Service, or within the applicable Warranty Period (as defined in Appendix B), if a Good, even though the Defective Item may have previously been inspected and accepted (a “Rejection”).

  • Panasonic’s sole, exclusive and full liability under its limited warranties set forth in Section 10(a) will be to replace any Defective Item, or any Item that is installed in Module, as described in section 10(e) above.

  • For the avoidance of doubt, AB will be responsible and liable for such costs of recall on account of a Defective Item or such a defect in materials and workmanship regardless of whether the date of recall was during or after any applicable Product warranty period.

  • If a Defect exists that is covered by this Limited Warranty, Seller’s obligation shall be limited, at Seller’s option, to either (a) repairing or replacing the Defective Item to the extent necessary to eliminate or otherwise remedy the Defect, or (b) paying Buyer, or, if the Defect relates to a Common Element, the Association, the reasonable cost of repairing or replacing the Defective Item to the extent necessary to eliminate or otherwise remedy the Defect.

Related to Defective Item

  • Defective Work means (a) Work that is unsatisfactory, deficient or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager.

  • Defective Product has the meaning set forth in Section 5.2.

  • Defective Goods means Goods of an inferior quality or which are otherwise inconsistent with this Contract.

  • Nonconformance as used in this clause means a condition of any hardware, software, material, or service/workmanship in which one or more characteristics do not conform to requirements.

  • Defective means, when modifying the work, refers to work that is unsatisfactory, faulty or deficient in that it:

  • Nonconformity or “Nonconformities” means any failure or failures of the Software to conform to the requirements of this Contract, including any applicable Documentation.

  • Nonconforming lot means a lot that met dimensional requirements of the applicable master program at the time of its establishment but now contains less than the required width, depth or area due to subsequent changes to the master program.

  • Latent Defect means a defect, inherently lying within the material or arising out of design deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.

  • Minor defect means a defect which is not a Major Defect.

  • Nonconforming Goods means only the following: (i) product shipped is different than identified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents.

  • Title Defect as used herein shall mean any encumbrance, encroachment, irregularity, defect in or objection to Seller’s title to the Leases and Xxxxx (excluding Permitted Encumbrances) which would result in Seller not having Defensible Title.

  • Nonconforming sign means a sign or sign structure, other than a nonstandard sign or a sign that is erected and maintained in a business area along a scenic byway prior to the designation as a scenic byway, that satisfies 1 of the following:

  • Environmental Defect means, with respect to any given Asset, a material violation of Environmental Laws in effect as of the Effective Time in the jurisdiction in which such Asset is located.

  • Nonconforming use means a use of land that:

  • Material Defect As defined in Section 2.02(c) hereof.

  • Nonconforming structure means a structure the size, dimension

  • Construction defect means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:

  • Defect Notice shall have the meaning specified in Section 3.2 of this Agreement.

  • Mentally defective means that a person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct. S.C. Code Ann. §

  • Title Defect Amount means, with respect to a Title Defect Property, the amount by which such Title Defect Property is impaired as a result of the existence of one or more Title Defects, which amount shall be determined as follows:

  • Latent Defects means such defects caused by faulty designs, material or work man ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.

  • Active Ingredient means the clinically active material(s) that provide pharmacological activity in a pharmaceutical product (excluding formulation components such as coatings, stabilizers, excipients or solvents, adjuvants or controlled release technologies).

  • Punchlist means a list of items of Work to be completed or corrected by Contractor after Substantial Completion. Punchlists indicate items to be finished, remaining Work to be performed, or Work that does not meet quality or quantity requirements as required in the Contract Documents.

  • Punchlist Items means any items necessary at the time of the issuance of a temporary certificate of occupancy to complete fully the renovation of the Project Facilities in accordance with the Plans and Specifications for the Project Facilities, or required for the issuance of a final certificate of occupancy or its equivalent.

  • Defective Loan is any Mortgage Loan as to which there is an unremedied Material Defect.

  • Cost of materials means the cost of components, parts or materials which are intended for the production, manufacturing or assembling of the goods bid for and which are not produced, manufactured or assembled in the factory where the production, manufacture or assembly of such goods occurs, including freight, landing costs, port charges, import duties and other import costs of such components, parts or materials and all costs in connection with the handling and transport thereof prior to delivery at that factory;