Epidemic Defects means a product field failure or defect for which Seller is responsible pursuant to the warranty in Section 20A at a rate of [*] or more occurring with the same or related Products with the same cause as measured during the warranty period. In the case of any Epidemic Defects, Seller and Buyer shall jointly agree regarding which of the following options to pursue, at Seller's expense; (i) [*] that no such corrective action is sufficient.
Epidemic Defects means material defects of any Product resulting from a common root cause solely attributable to the Product Specifications or Approved Production Specifications and which results in returns (in accordance with the returns procedure mutually agreed between the parties in the Commercialization Plan) of more than [***] percent ([***]%) of the quantity of such Product manufactured in any [***] day period. Any number of material defects affecting any number of Products which result from a single common root cause or combination of causes and result in returns of more than [***] ([***]%) of such Products manufactured in any [***] day period will be treated as the occurrence of a single Epidemic Defect for purposes of this Agreement.
Epidemic Defects. Supplier will, at Buyer's discretion, repair or replace, or credit or refund Products which have the same or similar defect at a rate as specified in the relevant SOW ("Epidemic Defect Rate"), or where a safety defect is found. Supplier will commence such performance within five (5) calendar days of Buyer's notice to Supplier of an Epidemic Defect Rate. Supplier will reimburse Buyer for all actual and reasonable expenses incurred by Buyer for such repair and replacement of Products, including expenses associated with problem diagnosis, field and finished goods inventory repair or replacement.
Examples of Epidemic Defects in a sentence
The Consignment Stock shall not be used to cure Epidemic Defects or Defects which are not covered by warranty as defined in this Article 16.
The Consignment Stock shall not be used to cure Epidemic Defects or Defects which are not covered by warranty asdefined in this Article 16.
In addition to Section 20A above, Seller agrees to repair or replace, at no charge to Buyer, any Epidemic Defects found to exist in any of the Products at any time prior to [*] after the date of delivery to Buyer of the affected Products.
As used herein, "Epidemic Defects" shall mean a product field failure or defect for which Seller is responsible pursuant to the warranty in Section 20A at a rate of [*] or more occurring with the same or related Products with the same cause as measured during the warranty period.
For purposes of this Agreement, epidemic defects shall mean a defect rate of [*] or more occurring with the same Product or related products for the same root cause over any consecutive [*] day period (Epidemic Defects).
More Definitions of Epidemic Defects
Epidemic Defects means Products that experience one of more of the following: (a) the same or similar defect at a rate of one percent (1%) or more (or other rate that may be specified in an SOW) in any given sixty (60) day period, (b) the same or similar defect at a rate of one percent (1%) or more (or other rate that may be specified in an SOW) of total purchases, (c) recalls, or (d) safety defects.
Epidemic Defects means at any time, any Defect which affects more than the percentage of the Plant stated in the Appendix;
Epidemic Defects means Products or Services that experience, are the subject of, or are subject to one or more of the following: (a) by part number, a one-half percent (0.5%) per month replacement rate in two (2) consecutive months, for the total population shipped in any, or all, Lenovo machine type(s), due to the same or similar defect; (b) by part number, a one-half percent (0.5%) per month replacement rate in two (2) consecutive months, for the total population of options shipped, due to the same or similar defect; (c) by part number, a one-half percent (0.5%) per month replacement rate in two (2) consecutive months, for the population shipped in Lenovo systems during any given calendar month, due to the same or similar defect; (d) a “critical situation” as declared by Lenovo for one or more of Lenovo’s customers requiring replacement of Products or reperformance of the Services; (e) one or more safety concerns created by the Products or Services; or (f) failure of the Product or Service to meet its specifications or to otherwise satisfy a material term of this PO such that Lenovo’s marketing and sale of products incorporating such Products or Services may reasonably be expected to expose Lenovo to claims by customers (e.g., deceptive trade practice claims). TERMS OF PAYMENT: Upon Xxxxxx's request, Supplier will issue invoices electronically and also comply with any local country requirement for tangible invoice forms. Unless this PO states otherwise, payment will be due net sixty (60) days after Lenovo receives Supplier's valid invoice. Lenovo shall make a single monthly payment for all payable invoices that have become due. Supplier's invoice will list the quantity of products and/or services purchased, reference this PO number, and, if applicable, the Lenovo agreement under which the products and/or services are being purchased under. ACCEPTANCE: Payment will not be deemed acceptance by Lenovo. All products or services are subject to inspection, and may be accepted or rejected in accordance with the criteria specified in the relevant SOW or PO. Upon request from Lenovo or its customers, Supplier shall issue a refund, repair or replace any rejected products or re-perform any rejected services, as determined by Lenovo or its customers, without additional charge and in a timely manner. TERMINATION: Lenovo may terminate this PO with or without cause at any time. If Lenovo terminates without cause, Lenovo will compensate Supplier for actual and reasonable expenses incurr...
Epidemic Defects means Products and their associated Engineering Changes that experience one or more of the following: (a) a similar confirmed defect of the same root cause at a rate of * (*) or more or other rate as may be specified in the PUA in any given * ( * ) day rolling period over the life of the Products and three or more similar confirmed defects of the same root cause must exist, (b) a similar confirmed defect of the same root cause at a rate of * ( * ) or more (or other rate that may be specified in the Product Unique Attachment) of total purchases over the life of the Products and three or more similar confirmed defects of the same root cause must exist, (c) recalls , or (d) safety defects
Epidemic Defects. Supplier will, at Buyer's discretion, repair or replace, or provide a credit or refund (at the then-current Prices) for Products which have the same or similar defect at a rate as specified in the relevant SOW ("Epidemic Defect Rate"), after verification of such Epidemic Defect Rate by Supplier, or where a safety defect is found. Supplier will commence such performance within five (5) calendar days of Buyer's written notice to Supplier of an Epidemic Defect Rate. Supplier will reimburse Buyer for all actual and reasonable expenses incurred by Buyer, as mutually agreed to, for such repair and replacement of Products, including expenses associated with problem diagnosis, field and finished goods inventory repair or replacement.
Epidemic Defects means Products and their associated Engineering Changes that experience one or more of the following: (a) a similar defect at a rate of [**] or more in any given [**]rolling period over the life of the Products, (b) a similar defect at a rate of [**] or more (or other rate that may be specified in the Product Unique Attachment) of total purchases over the life of the Products, (c) recalls, or (d) safety defects.
Epidemic Defects means Products and their associated Engineering Changes that experience one or more of the following: (a) the same defect at a rate of ___*___ percent (___*___%) or more (or other rate that may be specified in an SOW) in any given thirty (30) day rolling period over the life of the Products, (b) the same defect at a rate of ___*___ percent (___*___%) or more (or other rate that may be specified in an SOW) of total purchases over the life of the Products, (c) recalls by Supplier, or otherwise, or (d) safety defects . For Epidemic Defects, Supplier will, at Buyer’s discretion: (i) refund or credit the Product Price, or replace or repair the Products at no charge in a timely manner, and (ii) reimburse Buyer for all actual and reasonable expenses incurred by Buyer related to Epidemic Defects, including, without limitation, costs associated with repair or replacement, field costs, customer related expenses, problem diagnosis, and field and finished goods inventory related costs. Supplier will commence such performance within five (5) calendar days of Buyer’s notice to Supplier of an Epidemic Defect.