Epidemic Defect definition
Epidemic Defect means the same defect affecting at least five (5%) per cent of the Goods or a same defect affecting at least three (3 %) per cent of circuit boards, components or electronic sub-assemblies delivered by the Supplier to the Purchaser under the Contract, measured over a continuous period of twelve (12) consecutive months starting from delivery of the first Goods until three (3) years after the date of the delivery of the last Goodsin the frame of thesame project. If an Epidemic Defect affects the same part or the same Goods in one or more Orders, the Supplier shall repair, replace or redesign all of the identical parts or the same Goods, which is the subject of said Order(s). The Supplier shall also bear the costs of the logistics, dismounting and mounting of thepartsor the Goods. In theeventof arepair of an Epidemic Defect, thewarrantyperiod covering the relevant part or Goods shall be extended for a period of twenty-four (24) months from the date of commissioning of the repaired part or Goods. Throughout the duration of the warranty period for Epidemic Defect, the Supplier shall provide an analysis and action plan to correct any Epidemic Defect as notified by the Purchaser within a maximum period of five (5) business days from said notification. This action plan shall be implementedwithin a reasonable period, to bemutually agreedupon by the Parties having regard to the nature of the Epidemic Defect.
Epidemic Defect means the samedefect affecting at least five (5%) percent of the Goods or a samedefect affecting at least three (3 %) percent ofcircuit boards, components orelectronic sub-assembliesdelivered by the Supplier to the Purchaserunderthe Contract, measured over a continuousperiod of twelve (12) consecutivemonthsstarting fromdelivery of the first Goodsuntil three (3) years after the date of the delivery of the last Goods in the frame of the same project. If an Epidemic Defect affects the same part or the same Goods in one or more Orders, the Supplier shall repair, replace or redesign all of the identical parts or the same Goods, which is the subject of said Order(s). The Supplier shall also bear the costs of the logistics, dismounting and mounting of the parts or the Goods. In the event of a repair of an Epidemic Defect, the warranty period covering the relevant part or Goods shall be extended for a period of twenty-four (24) months from the date of commissioning of the repaired part or Goods. Throughout the duration of the warranty period for Epidemic Defect, the Supplier shall provide ananalysisandactionplantocorrectany Epidemic Defectasnotifiedbythe Purchaserwithinamaximum period of five (5) working days from said notification. This action plan shall be implemented within a reasonable period, to be mutually agreed upon by the Parties having regard to the nature of the Epidemic Defect.
Epidemic Defect means the same defect affecting at least five (5%) per cent of the Goods or a same defect affecting at least three (3 %) per cent of circuit boards, components or electronic sub-assemblies delivered by the Supplier to the Purchaser under the Contract, measured over a continuous period of twelve (12) consecutive months starting from delivery of the first Goods until three (3) years after the date of the delivery of the last Goods in the frame of the same project. If an Epidemic Defect affects the same part or the same Goods in one or more Orders, the Supplier shall repair, replace or redesign all of the identical parts or the same Goods, which is the subject of said Order(s). The Supplier shall also bear the costs of the logistics, dismounting and mounting of the parts or the Goods. In the event of a repair of an Epidemic Defect, the warranty period covering the relevant part or Goods shall be extended for a period of twenty-four
Examples of Epidemic Defect in a sentence
For avoidance of doubt, the section of this SOW entitled “Epidemic Defects”, and not this section, will apply in the instance of an Epidemic Defect.
For purposes of this Section 19.6, Epidemic Defect shall mean a defect materially impacting end users occurring within the same Philips-branded Personal TV System Box configuration enabling the TiVo Service with a recurrence rate of [*].
If the parties determine that the cause of such Epidemic Defect or Safety Hazard is a Philips manufacturing defect, Philips shall cover all reasonably necessary costs involved in such recall.
Supplier will commence such performance within five (5) calendar days of Lenovo’s notice to Supplier of an Epidemic Defect.
In the event of any defects materially impacting end users, TiVo and Philips shall work together in good faith to determine appropriate methods of addressing such defects but Philips shall have the right, in its sole and reasonable discretion, to determine the mitigation efforts involved in addressing any such defects including, but not limited to, in the event of an Epidemic Defect or a Safety Hazard, authorization and undertaking of a recall.
More Definitions of Epidemic Defect
Epidemic Defect means the occurrence of a non-conforming Product defect or other failures due to a same or similar root cause (whether or not resulting in breach of any warranties of Section 7) at a rate equal to or in excess of ***** pursuant to any Order. If an Epidemic Defect occurs, Vendor shall assist Facebook in the technical resolution of the Epidemic Defect. Vendor shall be responsible for all losses, liabilities, damages, and costs that Facebook incurs as a result of the Epidemic Defect. By way of example only, this includes the costs of (i) any solution, workaround, recovery plan or engineering change required to remove or repair causes of the Epidemic Defect; and (ii) any removal, re-installation, retrofit, and Products recall. In addition, upon Facebook’s request, Vendor shall, at it’s sole expense, support and provide sufficient volume of Products to enable the replacement of the non-conforming Products at Facebook-designated sites. Also, Vendor shall use best efforts to diagnose the Epidemic Defect’s root cause and plan an effective work around and permanent solution. Vendor shall consult with Facebook on any proposed workarounds and other solutions and shall not implement any of these without Facebook’s prior written approval. Facebook may, at its sole option, return (including shipping and insurance charges), for full credit, and immediately terminate this Agreement upon notice without liability to Vendor.
Epidemic Defect shall have the meaning set forth in Section 2.23.
Epidemic Defect means a defect or nonconformity of the same type affecting one point five per cent (1.5%) of the total delivered Products incorporated into or assembled with – directly or indirectly - the final application put on the market. Such percentage shall be calculated in a rolling period of twelve (12) months starting from the delivery of the first serial Product.
Epidemic Defect is defined as the same defect found in [*] or more of the units delivered during any [*] period. Epidemic Defects may be identified by Dell, Dell's designated service provider, Quantum's test procedures or may appear as customer-reported failures. Quantum and Dell will cooperate to promptly determine the root cause of the failures. If the root cause is determined, then Quantum and Dell will cooperate in good faith on a corrective action plan. If an Epidemic Defect occurs, Dell may stop delivery of Products without penalty or liability until the root cause is determined. In addition to any applicable warranty, Quantum will be responsible for all costs associated with resolving an Epidemic Defect, where the root cause is Quantum's negligence, fault or error, including without limitation all Product recall costs. In addition, in the event Epidemic Defects are identified in the hard disk drives, Dell may elect to procure HDDs from other vendors and consign them to Quantum for use in manufacturing Products. The Product price will be adjusted by subtracting Quantum's cost for HDDs. Quantum shall be responsible for all incremental costs necessary to enable the consignment of HDDs by Dell. In the event of any use of non-Quantum HDDs, Quantum shall not have any responsibility for any perceived problem in the Product constituted with such HDDs, if the perceived problem cannot be demonstrated on Product constituted with Quantum HDDs. Quantum shall have no responsibility to test, alter, rework, or otherwise technically interact with non-Quantum HDDs or to share *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Epidemic Defect is defined as a defect in the Product or any Component thereof that is attributed to the common root cause where the annual failure rate exceeds [***]. Defects resulting from normal “wear and tear” are excluded.
Epidemic Defect means a Defect that appears in more than [ * ] percent ([ * ]%) of the Products delivered by Leadis (or a Leadis Affiliate) to Philips or Participants within any [ * ].
Epidemic Defect is defined as the same defect found in [*] or more of the units delivered during any [*] period. Epidemic Defects may be identified by XYZ , XYZ 's designated service provider, YYY 's test procedures or may appear as customer-reported failures. YYY and XYZ will cooperate to promptly determine the root cause of the failures. If the root cause is determined, then YYY and XYZ will cooperate in good faith on a corrective action plan. If an Epidemic Defect occurs, XYZ may stop delivery of Products without penalty or liability until the root cause is determined. In addition to any applicable warranty, YYY will be responsible for all costs associated with resolving an Epidemic Defect, where the root cause is YYY 's negligence, fault or error, including without limitation all Product recall costs. TTTT. In addition, in the event Epidemic Defects are identified in the hard disk drives, XYZ may elect to procure HDDs from other vendors and consign them to YYY for use in manufacturing Products. The Product price will be adjusted by subtracting YYY 's cost for HDDs. YYY shall be responsible for all incremental costs necessary to enable the consignment of HDDs by XYZ . In the event of any use of non-YYY HDDs, YYY shall not have any responsibility for any perceived problem in the Product constituted with such HDDs, if the perceived problem cannot be demonstrated on Product constituted with YYY HDDs. YYY shall have no responsibility to test, alter, rework, or otherwise technically interact with non-YYY HDDs or to share UUUU. *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 6 of 19 YYY CONFIDENTIAL XYZ CONFIDENTIAL WWWW. any YYY HDD information with any YYY HDD competitor. XYZ will not be released from any obligation of confidentiality as to information related to YYY HDDs. The Parties shall discuss the feasibility of the above described consignment provision for each new Product.