Systemic Defect definition

Systemic Defect shall have the meaning as provided in the Warranty Agreement. Systemic Defect may have been referred to as “Epidemic Failure” in previous program agreements.
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Systemic Defect means a defect in the Products' materials and workmanship which occurs in identical or substantially similar form or from a substantially similar cause which occurs (i) in at least five per cent (5%) of a field population of the ACS 135 Spot Printer or other model(s) of ACS printers being distributed hereunder by Xerox or Xerox Affiliated Companies provided the field population consists of at least one hundred- fifty (150) units of the printer model at issue or (ii) in the event subparagraph (i) of this section doesn't apply, such defect occurs in at least seven units of the field population of the ACS 135 Spot Printer or other model of ACS printer(s) being distributed hereunder by Xerox or Xerox Affiliated Companies.
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Systemic Defect means a Failure that meets all of the following criteria: the Failure (i) is not due to causes excluded from the SI's Warranty obligations under Section 13.7 (Warranty Exceptions); (ii) occurs on ten percent (10%) or more of the same NFPS component units during the applicable Warranty Period; and (iii) is due to either (a) a defect or failure, including those relating to design, materials or workmanship, or (b) a failure to meet the specified performance requirements set out herein. For the avoidance of doubt, the Engineer shall be entitled to identify a "Systemic Defect" when the same Failure is observed in a given NFPS component in 10% of an NFPS device type (e.g., BVs, SVs, WVMs, CVMs) during the device type's associated Warranty Period. Systemic Defect analysis shall apply only to device types with fifty (50) or more units installed.
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Examples of Systemic Defect in a sentence

  • Any module or device deemed to be part of a Systemic Defect and remedied by the SI shall have its Warranty Period extended in accordance with Section 15.11 (Extended Warranty for Repaired NFPS Hardware).

  • The MTA shall have the final and binding decision to declare a Systemic Defect.

  • The Engineer will provide written notice to the SI within a reasonable time of the MTA's becoming aware that a Systemic Defect exists or may exist, and will again provide written notice upon a determination that a Systemic Defect is in fact present.

  • Within sixty (60) calendar days of its receipt of a Systemic Defect determination, the SI shall (i) provide, for the MTA's review and approval, a written plan and schedule with specific timeframes for the correction of the Systemic Defect, and (ii) conduct all necessary and MTA-requested studies or analyses of the Failure.

  • The SI shall be liable to and shall reimburse the MTA for all costs incurred by the MTA Group in correcting, or obtaining the correction of, a Systemic Defect or failure, including costs for studies, tests, materials, supplies, equipment, labor, labor fringes, transportation, overhead and other costs reasonably necessary to perform the corrective work or analyses.

  • If during a Warranty Period a Systemic Defect is identified, then the entire quantity of the NFPS component at issue, including spares and items not yet delivered, shall be considered to have failed, and shall be repaired, corrected, or replaced by the SI at no cost to the MTA Group.

  • Except as provided in section C15.9 and C15.10 below relating to Licensed Software Warranties, all terms and conditions, including but not limited to Normal Warranty and Systemic Defect specified in the Warranty Agreement shall apply to all PSAs under this Part C of the MPA.

  • Systemic Defect analysis shall apply only to device types with fifty (50) or more units installed.

  • The following guarantee periods, and guarantee amounts, shall apply: ‌‌‌‌ Engineer shall be entitled to identify a "Systemic Defect" when the same Failure is observed in a given NFPS component in 10% of an NFPS device type (e.g., BVs, SVs, WVMs, CVMs) during the device type's associated Warranty Period.


More Definitions of Systemic Defect

Systemic Defect means a Sensor Assembly Defect that occurs in identical or substantially similar form or from a substantially similar cause in at least fifteen percent (15%) of the field population of Sensor Assemblies within two (2) years after receipt of delivery of the Sensor Assemblies by DMD. DMD agrees that it will, at all times during the term of this Agreement, and for so long as it continues to sell or otherwise support Sensor Assemblies and Board Assemblies, carry insurance that names SUNI as an additional insured and that is sufficient to cover the costs of possible loss or damage arising out of Systemic Defects, including, but not limited to, the cost of replacement Components and of manufacturing, test and assembly services. DMD will provide a copy of such insurance policy to SUNI upon SUNI's request. SUNI and DMD agree that they will complete negotiation of the allocation of the cost of such Systemic Defect insurance within thirty (30) days from the date of this Agreement.
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Systemic Defect shall, as to the Deliverables, mean a Seller design or manufacturing defect of any type which occurs in identical or substantially similar form or from a substantially similar cause in at least five (5) percent or more units delivered in any particular sixty (60) day period, provided that the installed base is at least forty (40) units and such defect is identified by Buyer within three (3) years of delivery of such units to Buyer or Buyer's Customers, as the case may be. In the event of a Systemic Defect, Seller shall, at its expense, either (a) repair all affected Deliverables, or (b) replace all affected Deliverables. Seller shall not be required to cure any Systemic Defect for any Deliverables, which have been subjected to accident, negligence, misuse, alteration, modification or other extraordinary causes. In the event a Systemic Defect occurs within three (3) years of delivery but at a rate of less than five percent (5%), Seller will discuss with Buyer the nature of the problem and what measures by Seller should appropriately be taken.
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Systemic Defect means a defect not due to a fault of Xerox, a Xerox Affiliate, or the IOT, that, during the term of this Agreement or the warranty period applicable to Splash Products in the field, whichever is longer, causes the Splash Product to fail to conform in all material respects to the specifications set forth in Attachment I and which occurs in identical or substantially similar form or from a substantially similar cause in at least (i) [*] of the field population of Splash Product or (ii) [*] of the field installations during a [*] period.
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Systemic Defect means a defect which is, during a consecutive period of thirteen Fee Periods, discovered in at least 20% of the relevant Franchise Assets introduced onto the Railway by a relevant DLRL Project;
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Systemic Defect means any defect of a similar nature which exists with respect to 5% or more of the products manufactured and part of the same production lot.
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Systemic Defect means any condition or characteristic in supplies which occur, with a frequency, pattern or sameness to indicate a logical regularity of occurrence and would justify multiple vehicle corrective action.
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Related to Systemic Defect

  • Minor defect means a defect which is not a Major Defect.

  • Construction defect means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:

  • Major Defect means a condition that exists on a ground ambulance vehicle that requires the Department or the certificate holder to place the ground ambulance vehicle out-of-service.

  • Latent Defect means a defect, inherently lying within the material or arising out of design deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.

  • Latent Defects means such defects caused by faulty designs, material or work-man- ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.

  • Document Defect As defined in Section 2.03(a).

  • Material Defect As defined in Section 2.02(c) hereof.

  • Minor Servicing Defect With respect to each Payment Date and any Reference Obligation for which Freddie Mac has determined the existence of an Unconfirmed Servicing Defect, the occurrence of a remedy, other than by repurchase or Make-Whole that is mutually agreed upon by both Freddie Mac and the related servicer that results in a recovery of the damages sustained by Freddie Mac on such Reference Obligation as a result of the Unconfirmed Servicing Defect.

  • Major Servicing Defect With respect to each Payment Date and any Reference Obligation for which Freddie Mac has determined the existence of an Unconfirmed Servicing Defect, the occurrence of any of the following: (a) the related servicer repurchased such Reference Obligation or made Freddie Mac whole resulting in a full recovery of losses incurred (“Make- Whole”) during the related Reporting Period; or (b) the party responsible for the representations and warranties and/or servicing obligations or liabilities with respect to the Reference Obligation becomes subject to a bankruptcy, an insolvency proceeding or a receivership. Reference Obligations covered under servicing settlements will not result in Major Servicing Defects.

  • Nonconformance as used in this clause means a condition of any hardware, software, material, or service/workmanship in which one or more characteristics do not conform to requirements.

  • Defective Work means (a) Work that is unsatisfactory, deficient or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager.

  • Environmental Defect means, with respect to any given Asset, a material violation of Environmental Laws in effect as of the Effective Time in the jurisdiction in which such Asset is located.

  • Nonconformity or “Nonconformities” means any failure or failures of the Software to conform to the requirements of this Contract, including any applicable Documentation.

  • Title Defect means with respect to a Lease any lien, encumbrance, adverse claim, default, expiration, failure, defect in or objection to real property title, other than Permitted Encumbrances, that alone or in combination with other defects renders Sellers’ title to the Lease less than Defensible Title.

  • Defect means any part of the Works not completed in accordance with the Contract.

  • Unconfirmed Servicing Defect With respect to any Reference Obligation, the existence of the following, as determined by Xxxxxxx Mac in its sole discretion, (a) there is a violation of the servicing guidelines and other requirements in the Xxxxxxx Mac Single Family Seller/Servicer Guide (the “Guide”, as modified by the terms of the related servicer’s contract, including any related terms of business (“TOBs”)); and (b) Xxxxxxx Mac has issued a notice of defect, repurchase letter or a repurchase alternative letter related to the servicing breach. For the avoidance of doubt, Reference Obligations with minor technical violations, which in each case Xxxxxxx Mac determines to be acceptable Reference Obligations, may not result in an Unconfirmed Servicing Defect.

  • Defects means any part of the Works not completed in accordance with the Contract, or completed with deficiencies and flaws and includes deficiencies, flaws, etc. developed during the execution of Works and during the Defect Liability Period.

  • Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur.

  • Congenital Condition(s) means (a) any medical, physical or mental abnormalities existed at the time of or before birth, whether or not being manifested, diagnosed or known at birth; or (b) any neo-natal abnormalities developed within six (6) months of birth.

  • Nonconforming structure means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

  • Problem means an unknown underlying cause of one or more Incidents. It becomes a Known Error when the root cause is known and a temporary workaround or permanent alternative has been identified.

  • Defective Product has the meaning set forth in Section 5.2.

  • Minor Technical Irregularities means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement.

  • Title Defects has the meaning set forth in Section 5.15(b).

  • Violent student means a student under the age of 21 who: