Common use of Periodic Quality Reviews Clause in Contracts

Periodic Quality Reviews. Supplier shall develop and implement a process for continuous Product improvement. Buyer may conduct reviews and/or hold meetings related to Supplier’s performance under the SOW, including but not limited to the following respects, and may compare Supplier’s performance with that of similarly situated suppliers: • Supplier’s compliance with delivery dates in support of WAs issued by Buyer; • Supplier’s compliance with Emergency Orders issued by Buyer hereunder; • Supplier’s compliance with the targeted Shipped Product Quality Level (SPQL) as set by the parties on a monthly basis; • Supplier’s compliance with the targeted Incoming Product Quality Level (IPQL) as set by the parties on a monthly basis; • Supplier’s compliance with the targeted Field Replace Action Level (FRAL) as set by parties on a monthly basis; • Percentage of Products failing to function properly upon delivery (also known as the Product DOA rate); • Supplier’s speed in taking corrective actions for any problems with Product identified by Buyer; • Supplier’s implementation of lessons learned in previous periodic quality reviews. In any calendar month in which Supplier shows poor performance with respect to the criteria set forth above, Buyer may notify Supplier of such poor performance. In such case, Supplier will respond to Buyer with an agreed upon action plan within five (5) business days of notification by Buyer demonstrating its ability to achieve the required measurements. Supplier’s failure to successfully execute an action plan within an agreed upon time frame shall be a material breach of the Agreement. Satisfying any or all criteria and /or requirements of this section 5.0 shall not relieve Supplier of its warranties or other obligations of the Agreement.

Appears in 2 contracts

Samples: Base Agreement (Overland Storage Inc), Base Agreement (Overland Storage Inc)

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Periodic Quality Reviews. Supplier shall develop and implement a process for continuous Product improvement. Buyer may conduct reviews and/or hold meetings related to Supplier’s 's performance under the SOW, including but not limited to the following respects, and may compare Supplier’s 's performance with that of similarly situated suppliers: - Supplier’s 's compliance with delivery dates in support of WAs issued by Buyer; - Supplier’s 's compliance with Emergency Orders issued by Buyer hereunder; - Supplier’s 's compliance with the targeted Shipped First Pass Yield (FPY) as described in the product quality plan as described in the appropriate Quality Plan, which is attached as an exhibit to the Product Unique Attachment (hereinafter referred to as, "Product Quality Level Plan"); - Supplier's compliance with the targeted out-of-box audit (SPQLOOB) as set by the parties on a monthly basisParties in the Product Quality Plan; - Supplier’s 's compliance with the targeted Incoming Product Quality Level (IPQL) as set by the parties Parties in the appropriate Product Quality Plan on a monthly basis; - Supplier’s 's compliance with the targeted Field Replace Action Level (FRAL) as set by parties in the appropriate Product Quality Plan on a monthly basis; - Percentage of Products failing to function properly upon delivery (also known as the Product DOA rate); - Supplier’s 's speed in taking corrective actions for any problems with Product identified by Buyer; - Supplier’s 's implementation of lessons learned in previous periodic quality reviews. In any calendar month in which Supplier shows poor performance with respect to the criteria set forth above, Buyer may notify Supplier of such poor performance. In such case, Supplier will respond to Buyer with an agreed upon a proposed action plan within five (5) business days [*] of notification by Buyer demonstrating its and such plan shall respond to Buyer's specific concerns and demonstrate Supplier's ability to achieve the required measurements. Supplier’s 's failure to successfully execute an action plan within an a mutually agreed upon time frame shall be a material breach of the Agreement. Satisfying any or all criteria and /or requirements of this section 5.0 shall not relieve Supplier of its warranties or other obligations of the Agreement.

Appears in 2 contracts

Samples: Base Agreement (Lsi Logic Storage Systems Inc), Base Agreement (Engenio Information Technologies, Inc.)

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Periodic Quality Reviews. Supplier shall develop and implement a process for continuous Product improvement. Buyer may conduct reviews and/or hold meetings related to Supplier’s performance under the SOW, including but not limited to the following respects, and may (for Buyer’s internal use only) compare Supplier’s performance with that of similarly situated suppliers: • Supplier’s compliance with delivery dates in support of WAs issued by Buyer; • Supplier’s compliance with Emergency Orders issued by Buyer hereunder; • Supplier’s compliance with the targeted Shipped Product Quality Level (SPQL) as set by the parties on a monthly basis; • Supplier’s compliance with the targeted Incoming Product Quality Level (IPQL) as set by the parties on a monthly basis; • Supplier’s compliance with the targeted Field Replace Action Level (FRAL) as set by parties on a monthly basis; • Supplier’s compliance with the targeted Cumulative Failure Rate (CFR) as set by the parties on a monthly basis; • Percentage of Products failing to function properly upon delivery (also known as the Product DOA rate); • Supplier’s speed in taking corrective actions for any problems with Product identified by Buyer; • Supplier’s implementation of lessons learned in previous periodic quality reviews. In any calendar month in which Supplier shows poor performance with respect to the criteria set forth above, Buyer may notify Supplier of such poor performance. In such case, Supplier will respond to Buyer with an agreed upon action plan within five (5) business days of notification by Buyer demonstrating its ability to achieve the required measurements. , unless additional time is granted by Buyer in writing.. Supplier’s failure to successfully execute an action plan within an agreed upon time frame shall be a material breach of the Agreement. Satisfying any or all criteria and /or requirements of this section 5.0 shall not relieve Supplier of its warranties or other obligations of the Agreement.

Appears in 1 contract

Samples: Agreement (Voltaire Ltd.)

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