Serial Defect Clause Samples
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Serial Defect. A “Serial Defect” shall be deemed to exist if during the Warranty Period twenty percent (20%) or more of the same part or component in Supply Items purchased under the Master Agreement contain the same Defect (“Threshold Percentage”). If the incidence of a Defect equals or exceeds the Threshold Percentage, Buyer shall notify Turbine Supplier and Turbine Supplier shall perform a thorough investigation of all Supply Items as soon as possible after such Notice and shall repair or replace the defective part or item in all Turbines and other Supply Items supplied hereunder. If there is a dispute whether the Defect is a Serial Defect, the dispute shall be determined by an Independent Engineer mutually selected by both Parties. In the event of the discovery of a Serial Defect during the original Warranty Period the Warranty Period for the part or component containing the Serial Defect shall be extended an additional twenty-four (24) months beyond the expiration of the Warranty Period.
Serial Defect. If any Serial Defect arises during the Warranty Period, Contractor shall follow the procedures set forth in Section 15.7 with respect to such Serial Defect.
Serial Defect. If during the warranties contained in Section 9, the same defect or non-conformity resulting from design, manufacturing or supply chain issues in substantially the same manner or affecting in substantially the same manner a part or component from the same manufacturer in ten percent (10%) or more of Supplier’s goods across all Orders, Buyer may investigate, engage a third party to investigate, or request Supplier to investigate the root cause of such defect or non-conformity, at Supplier’s cost and expense, to determine whether such defect or non-conformity is due to the same failure mode or cause (“Serial Defect”). In the instance ▇▇▇▇▇ performs the RCA (as defined in Section 9.3), it will provide a report with the results of such root cause investigation to Supplier. In the instance Supplier performs the RCA, it shall do so in accordance with Section 9.3 and keep Buyer reasonably informed as to the progress of such analysis and shall promptly provide (i) the full report along with its results and (ii) the Corrective Action Plan to Buyer for its review and approval. If a Serial Defect is determined to exist, Supplier shall repair or replace the defective or non-conforming part or component in accordance with the warranty provisions contained in Section