Defects or Deficiencies definition

Defects or Deficiencies or "Defective" means any one or a combination of the following items or other items of a substantially similar nature:

Defects or Deficiencies. OR "DEFECTS" shall mean any one or a combination of the following items: (a) when used with respect to the performance of Services (including performance by Seller's subcontractors), such Services that are not provided in a workmanlike manner and in accordance with the standards and/or specifications set forth herein; (b) when used with respect to structures, materials, and Equipment (whether provided by Seller or Seller's subcontractors), such items that are not new and of good quality and free from improper workmanship and defects in accordance with the standards and/or specifications set forth herein or established hereunder and standards of good procurement, manufacturing and construction; (c) in general, (i) Work (including Work by Seller's subcontractors) that does not conform to the specifications and/or requirements of this Agreement, or (ii) any engineering, start-up activities, materials, Equipment, tools, supplies, or training, as applicable, that (1) does not conform to the standards and/or specifications set forth herein or established hereunder, (2) has inferior workmanship, or (3) would materially and adversely affect the ability of Equipment and/or Services to meet the applicable performance criteria specified herein on a consistent and reliable basis.

Defects or Deficiencies means any Services (or any part thereof) that fail to conform to the Applicable Standards in any manner (including any services, performance, materials, design, execution, engineering and/ or workmanship in respect of such Services); and any grammatical forms of such terms shall be construed accordingly.

Examples of Defects or Deficiencies in a sentence

• If, as part of the Warranty Work, Seller is obligated to repair, replace, or rework any Equipment and Materials, item, or other portion of the Work hereunder, Seller shall undertake a technical analysis of the problem and correct the "root cause" as appropriate based on the nature of the Defects or Deficiencies or other breach unless Seller can demonstrate to Buyer's satisfaction, in its sole discretion, that there is not a reasonable risk of reoccurrence of such problem.

• By approving an Artifact and/or giving Acceptance for a Deliverable, HCA represents only that it has reviewed the Artifact or Deliverable against the stated Artifact and/or Deliverable Acceptance criteria as stated in the Associated DED and has detected no Defects or Deficiencies of sufficient gravity to defeat or substantially threaten the attainment of those objectives and to warrant the withholding of Acceptance for work completed.

• Buyer may inform Seller promptly if it believes there are any Defects or Deficiencies in the Work not in conformance with this Agreement, including the Project Documents, and/or if it believes there are Defects and Deficiencies it discovers during any inspection of the Work; provided, however, that Xxxxx's failure to so notify will not constitute a breach of this Agreement.

• Seller shall bear all costs and expenses associated with correcting any Defects or Deficiencies, including necessary disassembly, transportation, reassembly, and retesting, as well as re-performing, reworking, repair, replacement, commissioning, and testing such part of the Work as shall be necessary to cause the applicable portion of the Work to conform to the applicable requirements of the Work.

• Prior to Substantial Completion, Seller shall promptly correct or cause to be corrected, at no additional cost to Buyer, any Defects or Deficiencies in any part of the Work, regardless of the stage of its completion or the time, place or means of discovery of such Defects or Deficiencies.

More Definitions of Defects or Deficiencies

Defects or Deficiencies means any design, engineering, Equipment and Materials, system, component, workmanship, materials or other Work that: (i) does not conform to the Scope of Work; (ii) does not conform to Applicable Laws or Applicable Permits, in each case in effect as of Substantial Completion; (iii) is of improper or inferior workmanship or material; or (iv) does not conform to Prudent Industry Practices.

Defects or Deficiencies means any designs, engineering, materials, equipment, supplies, or installations which (i) do not conform to the Plant Scope, Good Engineering Practices, or Plant Plans and Specifications, or are of inferior workmanship as determined by applicable Codes and Standards or (ii) would materially and adversely affect the ability of Northwind to achieve the Final Completion Deadline.

Defects or Deficiencies or "Defective" means when used with respect to any Products, such items that are not (i) new (unless otherwise as specifically set forth in this Agreement) and of good quality and free from improper or inferior workmanship and defects or (ii) otherwise in conformance with the Specifications.

Defects or Deficiencies means any designs, engineering, drawings, Materials and Equipment, components, tools, supplies, installation, construction, or workmanship of the Work, (i) that does not conform in every material respect to the Scope of Work or the final Drawings and Specifications, (ii) that is not of uniform good quality, free from any material defects or deficiencies in design, manufacture, or workmanship, or that contains improper or inferior workmanship, or (iii) that either would demonstrably or materially adversely affect the expected use of the facility or the continuous safe and reliable facility or the continuous safe and reliable operation of the facility during the facility's life. The term "Defects or Deficiencies" shall not be construed to include damages facility or the continuous safe and reliable operation of the facility during the facility's life. The term "Defects or Deficiencies" shall not be construed to include damages caused by the District's acts or omissions, abuse, misuse, negligence in operations maintenance and repair, or failure to follow the Contractor's operation and maintenance recommendations and directions, nor shall the term include the effects of ordinary or expected wear and tear.

Defects or Deficiencies means, unless otherwise specifically stated and without limitation, any designs, engineering, Materials, Major Equipment, tools, supplies or installations which fail to conform to the Technical Specifications, the Construction Drawings or the warranties given hereunder or are of improper or inferior workmanship.

Defects or Deficiencies means any designs, engineering, drawings, Materials and Equipment, components, tools, supplies, installation, construction, or workmanship of the Work, (i) that does not conform in every material respect to the Scope of Work or the final Drawings and Specifications, (ii) that is not of uniform good quality, free from any material defects or deficiencies in design, manufacture, or workmanship, or that contains improper or inferior workmanship, or (iii) that either would demonstrably or materially adversely affect the expected use of the facility or the

Defects or Deficiencies shall have the meaning given to it in Section 8.1.