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.

Examples of Defective Item in a sentence

  • In accordance with the terms set forth in this Manufacturing Agreement, AAC shall replace, whether through reprocessing or otherwise, at its sole expense, all items that do not comply or are found not to comply with the Specifications (“Defective Item”), or shall credit ▇▇▇▇▇▇ for amounts already paid for the Defective Item.

  • 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.

  • 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.

  • 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 * * *, (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.

  • 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 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.

  • In the event Wiliot elects to repair the Defective Item, Customer shall follow ▇▇▇▇▇▇'s instructions and cooperate with Wiliot and its designated contractors in such efforts (which may include the returning of the Defective Item to Wiliot or its designated contractor in accordance with the paragraph below).

  • The cost of goods obtained or used by Applied to make the repair, replacement or correction of the Defective Item, and of any necessary engineering or similar services relating to such goods.

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: