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.
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...
Major Defect. Includes (but not limited to) insect damage, Dwarf Mistletoe, visible rot, ▇▇▇▇▇, sweep, bole damage, dead top, and/or leaning bole.
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.
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
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.
Major Defect a Defect that objectively prevents the Customer from using the key functions of the Deliverable concerned.
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.