Major Defect Clause Samples

The 'Major Defect' clause defines what constitutes a significant flaw or deficiency in goods, services, or works provided under a contract. Typically, this clause outlines specific criteria or thresholds that a defect must meet to be considered 'major,' such as impairing the intended use, safety, or value of the deliverable. For example, a major defect might be one that renders a product unusable or non-compliant with essential specifications. The core function of this clause is to clearly distinguish between minor and serious issues, ensuring that both parties understand when more substantial remedies, such as repair, replacement, or contract termination, may be warranted.
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Major Defect. The defect which prevents or substantially hinders the use of Works in accordance with intended use.
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Major Defect. (a) Owner may deliver written notice to Seller at any time and from time to time prior to the expiration or other termination of the Warranty Period that in not less than ***percent (***%) of the number of Wind Turbines, sold pursuant to this Agreement (such product rounded up to the nearest whole number) a similar major operational problem has actually occurred in the same Major Components installed at the Site, and each such major operational problem was caused by the same defect in design, materials or workmanship that has become apparent in each of such Wind Turbines in breach of the Warranty ("Major Defect"). Within one hundred twenty (120) days of receipt of such Owner's notice Seller shall investigate the major operational problem and provide in writing a report to Owner describing in reasonable detail such major operational problem by investigating and analyzing the affected Wind Turbines and whether or not each such major operational problem was the result of the same or similar defect in design, materials or workmanship in breach of the Warranty or other cause. During the period that Seller is investigating the malfunctions and preparing its report on the same, Seller shall periodically inform Owner of the status of such investigation and reporting, and when requested by Owner, Seller shall consult with Owner in good faith regarding the same provided, however, that Seller shall not be required to disclose preliminary working hypotheses or analyses. (b) If (1) within one hundred twenty (120) days after the delivery of Owner's notice Seller fails to deliver a report as required by Section 10.4.2 (a), or (2) Seller and Owner fail to agree on whether or not a Major Defect exist, each of Seller and Owner will have the right to refer the matter for dispute resolution pursuant to Article 20. (c) If Seller acknowledges in its report delivered pursuant to Section 10.4.2(a) that the major operational problem were the result of a Major Defect, or if a final arbitral award or judgment upon dispute resolution authorized pursuant to Section 10.4.2(b) declares the existence of a Major Defect, then solely for the purpose of this Section 10.4.2 and for no other purpose (such as, for example, calculating the period for which Seller may be obligated pursuant to Article 11), the Warranty Period shall be deemed to be extended with respect to such Major Component only for each and every Wind Turbine for a period of one (1) year from completion of the Warranty Retrofit...
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Major Defect. Includes (but not limited to) insect damage, Dwarf Mistletoe, visible rot, ▇▇▇▇▇, sweep, bole damage, dead top, and/or leaning bole.
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Major Defect. When Licensee reports a Major Defect to MicroPact using the MicroPact hotline, MicroPact shall immediately proceed with diligent and sustained effort to (i) recreate and verify such defect, and then employ reasonable commercial efforts to correct such major defect and (ii) unless the major defect is corrected within forty- eight hours of MicroPact’s receipt of Licensee’s report thereof (or such longer period as Licensee may agree), implement a temporary solution to avoid or significantly minimize the impact of the major defect on the operation of the Licensed Software until the major defect is corrected. For purposes of this Agreement, a major defect means that most or all of the Licensed Software functionality is rendered inoperable.
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Major Defect. A major defect is a defect, other than critical, that is likely to result in failure, or to reduce materially the usability of the unit of product for its intended purpose. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE3S1-23-R-0005 PAGE 19 OF 71 PAGES
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Major Defect. A major defect prevents the bus from continuing in revenue service, either because its actual movement is limited or it cannot be operated safety. Examples of a major defect include: i. Brakes; ii. Steering; and iii. Transmission.
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Major Defect a Defect that objectively prevents the Customer from using the key functions of the Deliverable concerned.
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Major Defect. Major defect is a defect, mechanical, electrical functional or appearance that will or is likely to result in failure to operate or to perform outside of acceptable limits for the intended end use or application. Major defect is a defect, packaging or labeling that will result in inability of buyer to ship product through their distribution channels.
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Related to Major Defect

  • Title Defect (a) In the event Seller receives notice of any Survey Objection or Title Objection (collectively and individually a “Title Defect”) within the time periods required under Sections 6.1 and 6.2 above, Seller may elect (but shall not be obligated) to attempt to remove, or cause to be removed at its expense, any such Title Defect, and shall provide Purchaser with notice within five (5) days of its receipt of any such objection, of its intention to attempt to cure such any such Title Defect. If Seller elects to attempt to cure any Title Defect, the Scheduled Closing Date shall be extended for a period of twenty (20) days for the purpose of such removal. In the event that (i) Seller elects not to attempt to cure any such Title Defect, or (ii) Seller is unable to cure any such Title Defect within such twenty (20) days from the Scheduled Closing Date, Seller shall so notify Purchaser and Purchaser shall have the right to terminate this Agreement pursuant to this Section 6.3(a) and receive a refund of the ▇▇▇▇▇▇▇ Money Deposit, together with all interest which has accrued thereon, or to waive such Title Defect and proceed to the Closing. Purchaser shall make such election by written notice to Seller within three (3) days after receipt of Seller’s notice. If Seller has elected to cure a Title Defect and thereafter fails to timely cure such Title Defect, and Purchaser elects to terminate this Agreement, then (i) Seller shall reimburse Purchaser for its reasonable out-of-pocket costs and expenses payable to third parties in connection with this transaction incurred after the date on which Seller informed Purchaser of its election to cure the Title Defect, not to exceed the Reimbursement Cap, and (ii) Purchaser shall promptly return Purchaser’s Information to Seller, after which neither party shall have any further obligation to the other under this Agreement except for the Termination Surviving Obligations. If Purchaser elects to proceed to the Closing, any Title Defects waived by Purchaser shall be deemed to constitute Permitted Exceptions, and there shall be no reduction in the Purchase Price. If, within the three-day period, Purchaser fails to notify Seller of Purchaser’s election to terminate, then Purchaser shall be deemed to have waived the Title Defect and to have elected to proceed to the Closing. (b) Notwithstanding any provision of this Article VI to the contrary, Seller shall be obligated to cure exceptions to title to the Property, in the manner described above, relating to liens and security interests securing any financings to Seller, any judgment liens, which are in existence on the Effective Date, or which come into existence after the Effective Date, and any mechanic’s liens resulting from work at the Property commissioned by Seller; provided, however, that any such mechanic’s lien may be cured by bonding in accordance with Pennsylvania law. In addition, Seller shall be obligated to pay off any outstanding real estate taxes that were due and payable prior to the Closing (but subject to adjustment in accordance with Section 10.4 below).

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.