Systemic Defect definition

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 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 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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Examples of Systemic Defect in a sentence

  • At XEROX' request, PRESSTEK shall provide to XEROX kits containing the necessary software or hardware to correct the Systemic Defect for all affected units of Product(s) or, if XEROX reasonably believes it is probable that the Systemic Defect will affect at least substantially all units of Product(s) then located either at customer locations or in XEROX' inventory, PRESSTEK shall provide at its' expense XEROX with the kits for all such units of Product(s).

  • PRESSTEK shall not be required to cure any Systemic Defect for any Product(s) which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use.

  • 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 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.

  • 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.

  • ACS shall not be required to cure any Systemic Defect for any Products which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use.

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

  • 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.

  • 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).

  • Notwithstanding the warranty requirements and conditions set forth in this Section, PRESSTEK will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Product(s) in inventory or in the field, by delivering to XEROX a replacement Product(s) or otherwise correct the defect as agreed upon by the parties.


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 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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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 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 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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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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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:

  • 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.

  • Qualification Defect With respect to a Mortgage Loan, (a) a defective document in the Mortgage File, (b) the absence of a document in the Mortgage File, or (c) the breach of any representation, warranty or covenant with respect to the Mortgage Loan made by the Company, but, in each case, only if the affected Mortgage Loan would cease to qualify as a “qualified mortgage” for purposes of the REMIC Provisions.

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

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

  • 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 as used herein shall mean any encumbrance, encroachment, irregularity, defect in or objection to Seller’s title to the Leases and Xxxxx (excluding Permitted Encumbrances) which would result in Seller not having Defensible Title.

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

  • 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

  • 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:

  • Discover, Discovery means the first day on which a Breach becomes known to Contractor, or, by exercising reasonable diligence would have been known to Contractor.

  • Congenital Anomaly means a condition which is present since birth, and which is abnormal with reference to form, structure or position.

  • Basket Component means each of the SPDR S&P 500 ETF Trust, iShares Russell 2000 Index Fund, iShares MSCI EAFE Index Fund, and iShares MSCI Emerging Markets Index Fund.

  • Correction as used in this clause, means the elimination of a defect.