Epidemic Failures is modified as follows: Line 8: The clause "in the lot containing the actual or potential defect(s) and/or defective component(s) which lead to breach of this warranty" is inserted after "Parts". A new Paragraph 12.8 is added as follows:
Epidemic Failures means Product failures within thirteen (13) months after the date of delivery of the Product, equal to or in excess of 1% of any particular lot, 1% of all shipments within a particular timeframe, or any defect that may result in a safety related concern, resulting from substantially similar defects including without limitation components with inherent or latent defects. Notwithstanding the foresaid, the Epidemic Failure shall not include any Product failure that is directly caused by Product designs and specification solely provided by MFR or materials provided or assigned by MFR, manufacturing process or quality control procedure instructed by MFR, or sub-supplier designated by MFR. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Epidemic Failures means Product failures or Defects which exceed the Defective Parts Per Million (DPPM) threshold established in Attachment B.
Examples of Epidemic Failures in a sentence
The following procedures and remedies for Epidemic Failures are in addition to all other of Bridgelux’s rights and remedies under the Agreement and shall apply for a period of five (5) years after the date of first shipment of the Goods (or family of Goods) at issue.
The following paragraphs remain valid also when orders and General Terms are solved/expired: (10) Warranty, (11) Epidemic Failures, (12) Product Liability and Insurance, (13) Intellectual Property Rights, (19) Confidentiality, (20) Export Control and Other Legislative Requirements / Restrictions.
Handling Epidemic Failures- Any recurring/large scale rejections from a particular lot will lead to epidemic failure.
Although it confirms the slow down in payments, it appears to show that this happened after the majority of payments had been made.
WARRANTY 24 10.1 General Warranty 24 10.2 DOA 24 10.3 Services 24 10.4 Safety and Regulatory Agency Requirements 24 10.5 Year 2000 25 10.6 Epidemic Failures 25 11.
More Definitions of Epidemic Failures
Epidemic Failures means that percentage of units of CSW Multimedia Products accepted by Creative in a Purchase Order therefor which fails to operate in accordance with performance specifications applicable to such CSW Multimedia Products.
Epidemic Failures as used in this Agreement shall mean that percentage of the units of Product accepted by Gateway in an Order therefor which fails to operate in accordance with performance specifications applicable to such Product solely as a result of the failure of such Product to conform with the warranty applicable to such Product as set forth in Section 9 of this Agreement.
Epidemic Failures means collectively, an AIR System Epidemic Failure and AIR Failure Mode Epidemic Failure. “FCS ” (First Customer Shipment) shall mean the ***.
Epidemic Failures means the occurrence of the same failure type in any 1% (or more) of Goods in the same family of Goods within a consecutive 90 day time frame (“Epidemic Failure”). The following procedures and remedies for Epidemic Failures are in addition to all other of Bridgelux’s rights and remedies under the Agreement and shall apply for a period of five (5) years after the date of first shipment of the Goods (or family of Goods) at issue. Upon the occurrence of an Epidemic Failure as described herein, Supplier will provide Bridgelux with a root cause analysis no later than two (2) business days following Bridgelux’s notice of an Epidemic Failure. Supplier will also provide Bridgelux with a corrective action plan as soon as commercially and reasonably possible, but no later than ten (10) calendar days following Bridgelux’s notice of an Epidemic Failure. If after review of the root cause analysis and corrective active plan, Bridgelux determines that the Epidemic Failure necessitates a recall of the Goods and that the Goods suffering the Epidemic Failure are Non-Conforming Goods, Bridgelux may then elect, at its sole discretion, to have the Goods returned to Supplier for replacement free of charge to Bridgelux (or its designated shipping destination[s]) and Supplier shall be liable for all costs and expenses associated with any such recall and Epidemic Failure, including without limitation, any retrofit, installation, and de-installation as well as all repair, replacement, and shipping fees and charges.
Epidemic Failures means identical, reproducible Product failures (including any ECI part failures) due to the same or substantially similar cause, which occur in the same series of Products and impair the use of the Products, and are a result of a defect in materials or workmanship of ECI or its affiliates occurring within twenty-four (24) months after the date of delivery of the Products, and are equal to or in excess of ten percent (10%) of the total number of a Product or any ECI part from any production lot or ten percent (10%) ‘of the total number of Products or any ECI parts included in Products which are delivered to Veraz during any ninety (90)-day period (the “Epidemic Failure Rate”).
Epidemic Failures means the identical, reproducible Product failures due to the same or substantially similar cause, which occur in the same series of Products and impair the use of the Products, and are a result of a breach of Manufacturer’s warranty under Section 8.1 within twelve (12) months after the date of delivery of the Products, and are equal to or in excess of ten percent (10%) of the total number of Products which are delivered to the Company during any ninety (90)-day period (the “Epidemic Failure Rate”).
Epidemic Failures means Product failures or Defects which exceed the Defective Parts Per Million (DPPM) threshold established in Attachment A of the Agreement.