Epidemic defects Clause Samples

Epidemic defects. Epidemic Defects shall mean Products that experience one of more of the following: (a) the same or similar defect at a rate of *** or more in any given sixty (60) day period, (b) the same or similar defect at a rate of *** or more of total purchases, (c) recalls, or (d) safety defects.

Epidemic defects. 27.1. Defects found from the materials, products or components made or purchased by FITI in more than five (5) units delivered to NANOX or its designee during any one (1) year period, will be hereinafter defined as “Epidemic Defects.” FITI is responsible, at its sole cost and expense, for repair and replacement of the Epidemic Defects. Additionally, FITI will be responsible for logistics costs, including freight, of the failed products and will support NANOX with resources such as appropriate staging areas, rework and technical resources necessary for said repair and replacement. An Epidemic Defect will not, however, be deemed to occur if the affected Product was not tested by FITI before shipment at NANOX’s written direction. NANOX will provide FITI notice of the existence of an Epidemic Defect within six (6) months after it could have been established that an Epidemic Defect has occurred, failing which NANOX will be deemed to have waived its right to enforce this paragraph.

Epidemic defects. McDATA will repair or replace, at no charge to EMC, any epidemic defects found to exist in the Products at any time prior to [*] (Epidemic Failure Period). For purposes of this Agreement, epidemic defects shall mean a defect rate of [*] or more occurring with the same Product or related products for the same root cause over any consecutive [*] day period (Epidemic Defects). In the event McDATA's Products failure rate exceeds the Epidemic Defects during the Epidemic Failure Period, EMC has the option of having McDATA, at McDATA's expense: (a) sort, screen, repair and/or replace EMC's Product, including installed Products, Products pending installation, and Spares which are subject to such failure; and (b) conduct a thorough investigation into the failure's root cause, and with EMC's concurrence, implement corrective action. The parties will mutually agree with EMC on the time required to complete servicing/correcting such Products, and McDATA's reimbursement to EMC will be the above agreed upon time at EMC's then-current internal service rate.

Epidemic defects. In the event of an Epidemic Defect attributable to a breach of SANMINA-SCI’s warranty, SANMINA-SCI shall extend the [***] warranty period set forth in Section 7.1 by an additional [***], for a total of [***]. “Epidemic Defect” is defined as a defect in the Product or any Component thereof that is attributed to the common root cause where the annual failure rate exceeds [***]. Defects resulting from normal “wear and tear” are excluded.

Epidemic defects. Supplier warrants that the goods will be free from epidemic defects. An ‘epidemic defect’ is a defect which appears in more than half a percent (0.5%), or any lower percentage as specified in the specifications, of the goods of the same or substantially the same type delivered by Supplier to Buyer or its Affiliates within the epidemic defect period as stated in the relevant specifications, or if no such period is stated, within any consecutive period of three (3) months, and which defect is either similar or substantially similar or has similar or substantially similar cause. In the event of an epidemic defect, Supplier shall urgently and at its costs and expense repair or replace goods delivered to Buyer which show such epidemic defect within the reasonably expected life time of such goods and Supplier shall further indemnify Buyer for all losses and damages incurred by Buyer, including without limitation all costs and damages in relation to recall of any goods or products in which the goods are used from the market (whether defective or not) in relation to the epidemic defect.

Epidemic defects. For the purposes of this Agreement, an “Epidemic Defect” will be considered to exist when [***] of the Wafer Population (as defined below), or [***], whichever is greater, exhibits a substantially similar failure that is shown through root cause analysis to have been based on the same failure that is attributable to Supplier that is due to one or more similar material defects in materials and/or workmanship, product recalls or safety defects. “Wafer Population” shall mean production Wafers that are fabricated in the same technology node during any [***]. If at any time during the Term and directly attributable to Supplier, an Epidemic Defect occurs, then, in addition to the remedies set forth in Sections 7.1 and 7.2 and subject to any other rights or remedies under this Agreement, Supplier shall, within [***] of Maxim notifying Supplier of such Epidemic Defect, provide a plan of action to correct such Epidemic Defect (the “Plan of Action”), which shall include [***]. Maxim shall then accept or reject such Plan of Action and in the case of rejection, shall provide a reasonably detailed explanation for such rejection. Maxim may not unreasonably reject the Plan of Action. If Maxim accepts the Plan of Action, Supplier shall carry out such Plan of Action. If Maxim rejects such Plan of Action, the Parties shall define a joint Plan of Action together. The Parties agrees that [***]. Supplier and Maxim will engage in good-faith discussions regarding any Epidemic Defects. [***].

Epidemic defects. For Epidemic Defects, Buyer will notify supplier in writing of the existence of an epidemic failure and provide supporting technical failure characteristics and data, failure rate details, and failed products to support the claim. If an epidemic failure has occurred in accordance with this Section 8.1,, Supplier shall prepare and propose a Corrective Action Plan or response with respect to such material within 24 hours of such notification, addressing implementation and procedure milestones for remedying such Epidemic Defect condition(s). An extension of the time frame is permissible upon prior written notification by Buyer. For Epidemic Defects, Supplier will at Buyer’s discretion: (i) refund or credit the Product Price, or replace or repair the Products at no charge in a timely manner, and (ii) reimburse Buyer for actual and reasonable expenses incurred by Buyer Agreement #4998RL1168 SOW #4904RL1344 related to Epidemic Defects, including costs associated with repair, or replacement, field costs, customer related expenses, problem diagnosis, and field and finished goods inventory related costs.

Epidemic defects. In addition to Section 14A above, MSSLO agrees to repair or replace, at no charge to 3Com, any Epidemic Defects found to exist in any of the Products at any time prior to **** months after the date of delivery to 3Com of the affected Products. In the case of any Epidemic Defects, MSSLO and 3Com shall jointly agree regarding which of the following options to pursue, at MSSLO's expense; (i) sort, screen, repair and/or replace 3Com's Product stock and Products in the field, (ii) conduct a thorough investigation into the root cause of the Epidemic Defect and with 3Com's concurrence, implement corrective actions, (iii) reimburse 3Com for the costs, if any, of 3Com service calls to 3Com's customer locations, and/or (iv) accept the return of any and all affected Product(s) for a full refund if the Parties mutually agree that no such corrective action is sufficient.

Epidemic defects. For Epidemic Defects, Supplier will, at Buyer’s discretion: (a) refund or credit the Product Price, or replace or repair the Products at no charge in a timely manner, and (b) reimburse Buyer for all actual and reasonable expenses incurred by Buyer related to Epidemic Defects, including, without limitation, costs associated with repair or replacement, field costs, problem diagnosis, and field and finished goods inventory related costs. Supplier will commence such performance within five (5) calendar days of Buyer’s notice to Supplier of an Epidemic Defect. SECTIONS 6.2, 6.4, AND 9.0 OF ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ BUYER’S SOLE REMEDIES FOR ANY BREACH OF WARRANTY IN SECTION 6.1 OF THE BASE AGREEMENT.