Design Defects Clause Samples
The Design Defects clause defines the responsibilities and liabilities related to flaws or errors in the design of a project, product, or system. It typically outlines the standards the design must meet, the process for identifying and rectifying defects, and the timeframe within which defects must be reported or corrected. For example, if a building's architectural plans contain errors that lead to structural issues, this clause would specify who is responsible for fixing those errors and at whose cost. Its core function is to allocate risk and ensure accountability for design quality, thereby protecting parties from unforeseen costs or disputes arising from design-related problems.
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Design Defects. Following delivery of any design Deliverables (“Design Deliverables”), ONTC shall review the drawings and notify the Consultant of Design Defects in the drawings that need to be corrected prior to the work on the Infrastructure Project commencing. Within 5 days of being advised of any Design Defects in the drawings, the Consultant shall commence and diligently pursue correction of the Design Defects and shall pay for such correction if such Design Defect is a result of Consultant’s failure to meet the Standard of Care in the performance of the Services.
Design Defects. Lucent represents and warrants to Telstra, and must ensure, that each item of Equipment will during the Design Warranty Period be free from Design Defects.
Design Defects. Developer shall cause the Architect Agreement(s) to include a provision requiring the Architect to perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. Developer shall ensure that the Architect Agreement(s) shall provide (a) that the Architect maintains not less than $5,000,000 in professional liability insurance to be maintained for five (5) years after the completion of the Architect’s services, (b) that any clause addressing a waiver of consequential damages will specifically except any damages covered by the insurance carried by the Architect, and (c) shall include an indemnification provision at least as favorable to the “Owner” thereunder as the provision attached hereto and made a part hereof as Exhibit G. Upon the execution of the Architect Agreement by and between Developer and Architect, Developer shall provide County (or County’s legal counsel) with a copy of such executed Architect Agreement (which may be redacted to exclude from disclosure the dollar amounts payable under such Architect Agreement that do not relate to the County Improvements) and, thereafter, shall promptly provide County (or County’s legal counsel) with copies of any amendments to the Architect Agreement.
Design Defects. Amedia warrants that each hardware or software component of each Product will be free from defects in design that cause the Product to not meet its specifications, for five years (one year for software) from the date a Product manufactured by Amedia is shipped to a customer during the Term.
Design Defects. The Contractor shall fully defend, indemnify and hold harmless the Indemnified Persons from any and all third party claims, demands, causes of action, damages, losses, and expenses (including attorney's fees) of whatsoever nature, character, or description arising out of or related to errors, omissions, inconsistencies, inaccuracies, deficiencies or other defects in the design documents furnished by the Contractor, regardless of whether such errors, omissions, inconsistencies, inaccuracies, deficiencies or other defects were also included in the Directive Drawings, Preliminary Design or other Reference Documents. The Contractor agrees that, because the Directive Drawings, Preliminary Design and other Reference Documents are preliminary and conceptual in nature and are subject to review and modification by the Contractor, such documents shall not be deemed "design furnished" by the Authority or any of the other Indemnified Persons, as the term "design furnished" is used in Civil Code Section 2782. The Contractor hereby waives the benefit (if any) of Civil Code Section 2782 and agrees that this clause constitutes an agreement governed by Civil Code Section 2782.5.
Design Defects. After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect. Provisions of this paragraph shall remain in full force and effect for ten (10) years following acceptance by City of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or Improvement Work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any Improvement Work. The Securities shall not be required to cover the provisions of this section.
Design Defects. Any defect of the Products caused by their faulty design or inaccurate or incomplete Product specifications;
Design Defects. I-Labs warrants that the Website will conform to its design specifications in all material respects for a period extending ninety (90) days after its installation on the Internet.
Design Defects. To the knowledge of ITT, there are no defects in the design of any of the products of the Business that could give rise to a claim for personal injury (including wrongful death) and/or property damage.