Major Failure definition

Major Failure is defined as failure of the Equipment or portion of the Equipment to operate as described in the Proposal or the applicable Specifications, which significantly impacts Purchaser's ability to use the affected Equipment or portion thereof, and which Purchaser's maintenance personnel or available contractors cannot remedy without significant expense or effort. Seller will respond to a Major Failure by immediately dispatching such servicemen by commercial air carrier, or by responding as otherwise agreed between the parties, upon request and notification of a Major Failure by Purchaser as may be necessary to promptly correct the defect, and such servicemen shall thereafter diligently and continuously perform such services as may be necessary to promptly correct such defect until corrected. Should it later be reasonably and mutually determined in good faith by Seller and Purchaser that the necessary corrective services rendered by Seller were within the capabilities of the Purchaser's maintenance personnel or available contractors without the expenditure of significant expense or effort, the Purchaser will reimburse Seller for the labor and expenses of the service trip. Year 2000: Seller hereby represents and warrants that the Equipment, when used in accordance with its associated documentation, shall perform properly and without change in operations related to the advent of the new century (defined as commencing at 12:00 am, January 1, 2000), including but not limited to, by accurately processing date data (including without limitation by calculating, comparing and sequencing) within, from, into and between centuries (including, but not limited to, the twentieth and twenty-first centuries), and by properly calculating leap years, except to the extent that any failure of the Equipment to so perform is directly attributable to (i) the failure of other technology, systems or interfaces, Third Party Software, or Third Party Hardware to properly exchange date data with the Equipment, (ii) a change in the operating environment not contemplated in this Sales Agreement, including without limitation the Specifications, or (iii) any addition to or modification of the Equipment by or on behalf of Purchaser or any of its Affiliates that has not been authorized in writing by Seller or made by or on behalf of Seller or any of its Affiliates. In the event of any material failure of the Equipment to operate as warranted above, Purchaser's sole remedy, and Seller's sole oblig...
Major Failure means a failure that significantly impacts Company’s ability to use the Work by failing to perform at 80% productivity or greater, which is solely caused by seller’s Services or the Work’s failure to materially conform to the specifications in the Agreement, and which cannot be corrected by replacement parts; modification by Company; or remote modifications by Honeywell. Company will reimburse Honeywell for the labor and expenses of remedial action if the failure is not covered by this warranty. Honeywell warrants that the Deliverables delivered to Buyer will materially conform to the specifications provided in the applicable SOW or Purchase Order or, if none are specified warrants that the Deliverables will be free from material defects, for a period of 90 days from the date of performance. Buyer’s sole remedy for any breach of this warranty is that Honeywell will, at Honeywell’s option, re-perform nonconforming Deliverables or refund the portion of Fees paid attributable to the nonconforming Deliverables if Buyer notifies Honeywell during the warranty period. Re-performed Deliverables are warranted for the remainder of the original warranty period.
Major Failure in respect of goods, has the meaning defined in section 260 of the Australian Consumer Law, and in respect of services, has the meaning defined in section 268 of the Australian Consumer law;

Examples of Major Failure in a sentence

  • The Customer is entitled to a replacement or refund for a Major Failure and compensation for any other reasonably foreseeable loss or damage.

  • The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a Major Failure.

  • Level 2: Major Failure with no workaround Major functionality is impacted or significant performance degradation is experienced.

  • If there is a Major Failure, Seller will provide the necessary labor and materials to correct the failure at no cost to Buyer.

  • CUSTOMER will permit SECTV's representatives’ free access to the Premises for Maintenance purposes, provided that such Maintenance will not, other than in a Major Failure condition, unduly interrupt the ongoing business operations of CUSTOMER.


More Definitions of Major Failure

Major Failure means the non-fulfilment of a specified requirement that compromises the ship's ability to operate at security levels 1, 2 or 3. It may also be referred to as a Major Non-conformity.
Major Failure means any failure to meet three or more Service Level Targets as described in the SLA, in any single Reporting Period, a significant (in the reasonable opinion of the Client) breach of Contract, a failure to meet a Critical Date (as defined in Specification Schedule), a Consistent Failure, or any other failure explicitly identified as such elsewhere within the Contract.
Major Failure means, in relation to the supply of Goods:
Major Failure means the state of an OWTS’s dispersal system or a septic tank that requires major repair.
Major Failure means a failure that significantly impacts Buyer’s ability to use the Work by failing to perform at 80% productivity or greater, which is solely caused by seller’s Services or the Work’s failure to materially conform to the specifications in the Agreement, and which cannot be corrected by (i) replacement parts; (ii) modification by Buyer; or (iii) remote modifications by Seller. ▇▇▇▇▇ will reimburse Seller for the labor and expenses of remedial action if the failure is not covered by this warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Major Failure means the non-fulfillment of a specified requirement that compromises the ship's ability to operate at security levels 1, 2 or 3. It may also be referred to as a major NC.
Major Failure means any time a system under the scope of this contract failes to power up and/or function for its designed purpose after the Authorized User has confirmed that all electronic, network, and peripheral connections have been properly made.