Failure Rate. Notwithstanding that the warranties given in Section 9.1 ------------ ----------- above apply to 100% of OEM Products, Foundry and HP acknowledge that the failure rates listed in Exhibit D for each OEM Product are expected. If the actual --------- failure rate for OEM Products exceeds this expected rate, Foundry will provide additional engineering and technical support needed to bring the actual failure rate within the specified failure rate. Foundry will provide to HP on a monthly basis a failure report which details the root cause of failures on returned OEM Products.
Failure Rate. Notwithstanding that the warranties given in Section 9.1 above apply to 100% of OEM Products, Supplier and Philips acknowledge that the OEM Products are software based and it is expected that defects will be addressed through software patches designed to be installed directly by the Customers. Any defects that prohibit the normal use of the OEM Products, as defined, or that require significant workarounds must be addressed in a timely fashion, free of charge to all Customers for the life of the OEM Products. A failure rate (as defined in Section 2.4) of [****]% per year or less is expected. If the actual failure rate for OEM Products exceeds this expected rate, Supplier will provide additional engineering and technical support as needed to bring the actual failure rate within the specified failure rate. Supplier and Philips will review this data quarterly. Complete documentation (as attached to Exhibit D), and reporting of product failures, service, repair, and any RMA documentation shall be reported monthly to Supplier as per Supplier's written requirements. Defective materials, parts shall be returned with documentation monthly by the tenth of each month to Supplier for ongoing Quality Improvement initiatives.
Failure Rate. With respect to each Product, Supplier will comply with the failure rate limit(s) set forth below. Supplier will report to Seagate the failure rates for each Product on a monthly basis. If the actual failure rate for any Product exceeds the goal, then Supplier will designate a team that will determine the root cause of the failure and will report to Seagate at weekly meetings until the actual failure rate for the Product is below the goal.
Failure Rate. A "Failure Rate" shall mean the cumulative percentage ------------ of Defective Products shipped under a Product Addendum in relation to the total Products shipped under that Product Addendum. ODM and EMACHINES acknowledge that a Failure Rate set forth in a Product Addendum is expected by the Parties. If the actual Failure Rate for Products exceeds the expected rate, ODM shall provide EMACHINES with a root cause analysis and a corrective action plan within ten (10) working days after the occurrence of such failure.
Failure Rate. Notwithstanding that the warranties given in Section 9.1 above apply to 100% of OEM Products, ION Networks, Inc. and HP acknowledge that a failure rate of 0.5 percent (0.5%) delivered over a twelve (12) month period is expected. If the actual failure rate for OEM Products exceeds this expected rate, ION Networks, Inc. will provide additional engineering and technical support needed to bring the actual failure rate within the specified failure rate.
Failure Rate. Notwithstanding that the warranties given in Section 9.1 above apply to 100% of OEM Products, Supplier and Agilent acknowledge that a failure rate of 20 parts per million delivered over the Term is expected . If the actual failure rate for OEM Products exceeds this expected rate, Supplier will provide additional engineering and technical support needed to bring the actual failure rate within the specified failure rate.
Failure Rate. Notwithstanding that the warranties given in Section 10.1(a) above apply to 100% of OEM Products, Supplier and ********* acknowledge that the continuous failure rate of all OEM Products shipped during the first six (6) months following shipment of the Initial Order is expected to be less than ********* for the first ********* days after shipment by ********* to its customers. Thereafter, the continuous failure rate of all OEM Products shipped during the next ********* is expected to be less than ********* for the first 1 ********* after shipment by ********* to its customers. After the initial period of *********, a continuous annual failure rate for all OEM Products is expected to be *********. If the actual failure rate for OEM Products exceeds this expected rate, Supplier shall provide reasonable additional engineering and technical support beyond any continual improvement efforts specified in this Agreement to bring the actual failure rate within the expected failure rate specified in this Section 11.5.
Failure Rate. With respect to each Product, Supplier shall comply with the failure rate limit(s) set forth below. Supplier will report to Seagate the failure rates for each Product on a monthly basis. If the actual failure rate for any Product exceeds the goal, then Supplier will designate a team that will determine the root cause of the failure and will report to Seagate at weekly meetings until the actual failure rate for the Product is below the goal. Early Failure Rate Defective Parts Per Million (“DPPM”). The early failure rate DPPM, which represents the line fallout in Seagate’s printed circuit board assembly, substrate, media and drive build factories, shall be less than [****] DPPM. Supplier will demonstrate the early failure rate DPPM by performing appropriate accelerated life testing on a statistically significant number of parts, which are representative of the fabrication and package assembly processes. If the Supplier’s process is not in control, then a [****] test screen under appropriate environmental stress conditions may be required to achieve the desired reliability level. Defective Parts Per Million (“DPPM”). During the volume production phase, the DPPM shall be no greater than [****] DPPM. Even if a Product passes Seagate’s initial drive qualification testing and meets the Specifications during the Product qualification procedure, the Product will be deemed to have failed Seagate’s Quality Standards if any Seagate disc drive incorporating the Products fails to achieve its specifications and the failure is proven to be attributable to the incorporated Products. When material does not meet Seagate’s Quality Standards, Supplier is expected to make commercially reasonable efforts to assist Seagate in satisfying Seagate’s overall quality objectives and in re-qualifying the Product for use by Seagate. Commercially reasonable efforts include, but are not limited to, repair, replacement with new Product, or return of Product with full credit in accordance with terms of this Supply Agreement.
Failure Rate. Seagate may measure the failure rates of the Products in rates in a number of different ways. Komag will comply with the failure measurement system and failure rate limits as designated by Seagate, which may include one or more of the following:
Failure Rate. Notwithstanding that the warranties given in Section 9.1 above apply to [*] of the hardware components of OEM Products, Supplier and HP acknowledge that a failure rate of [*] per [*] units delivered over a [*] is expected. If the actual failure rate for OEM Products exceeds this expected rate, Supplier will provide additional engineering and technical support needed to bring the actual failure rate within the specified failure rate.
