Serial Defects. If the same defect or deficiency shall occur in the same part or component of twenty per cent (20%) or more of the Units (a “Serial Defect”), the Seller shall promptly investigate the root cause of such Serial Defect, determine whether such Serial Defect is reasonably likely to occur in any additional Units, and provide the Buyer with a detailed written report addressing these issues. The warranties set forth in this Article 16 shall continue to be in full force and effect for the part or component containing the Serial Defect for an additional eighteen (18) months beyond the expiration of the applicable Warranty Period. Any dispute between the Parties as to whether there is a Serial Defect shall be determined in accordance with Article 32.
Serial Defects. If any Serial Defect arises at any time prior to Project Mechanical Completion, Owner shall provide notice to Contractor of such Serial Defect or, if Contractor becomes aware of any such Serial Defect, Contractor shall provide written notice of the same to Owner. Contractor shall determine what changes, repairs or replacements to any affected items of Equipment are necessary to correct such Serial Defect and to avoid further failures of the Equipment at the Project which may not have yet experienced such failures, and Contractor shall make such necessary changes, repairs or replacements to all the Equipment installed at the Project (whether or not such Equipment is installed, has been tested or has experienced such failures) all at its own cost and expense. Contractor shall repeat such process on an iterative basis until such Serial Defect and the underlying cause thereof is corrected.
Serial Defects. Without limiting Section 15.6, if any Serial Defect arises at any time prior to Substantial Completion, Owner shall provide notice to Contractor of such Serial Defect or, if Contractor becomes aware of any such Serial Defect, Contractor shall provide written notice of the same to Owner. Contractor shall determine what changes, repairs or replacements to any affected items of Facility Equipment are necessary to correct such Serial Defect and to avoid further failures of the Facility Equipment at the Facility which may not have yet experienced such failures, and Contractor shall make such necessary changes, repairs or replacements to all the Facility Equipment installed at the Facility (whether or not such Facility Equipment is installed, has been tested or has experienced such failures) all at its own cost and expense. Contractor shall repeat such process on an iterative basis until such Serial Defect and the underlying cause thereof is corrected. SUBSTANTIAL COMPLETION
Serial Defects. 6.1. A serial defect is at hand if due to the type of defect/fault and the cause of an occurred defect/fault it is determined that this defect/fault might occur in all of the parts/components Congatec delivers or in a certain range of parts/components Congatec delivers. This shall be especially assumed if the notices of defect/fault reach a limiting value of [***]% but at least [***] defect/fault cases according to the following definition. For the consideration, the defect/fault cases jointly accepted by B&R and Congatec shall be relevant. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Serial Defects. 2.6.1 If a Defect in a Major Component resulting from a similar failure mode or which otherwise could reasonably be expected to result from the same root cause is discovered prior to the expiration of the Defect Warranty Period for the last Wind Turbine in an aggregate number of such Major Components at the Project equal to or greater than the Serial Defect Threshold Number, Buyer shall provide Written Notice of the same in accordance with Section of this Agreement. For purposes of determining whether the Serial Defect Threshold Number has been reached, only failures occurring in a Wind Turbine during the Defect Warranty Period for such Wind Turbine shall be counted. If Buyer provides such written notice, Supplier may demonstrate to Buyer’s reasonable satisfaction that such Defect is not due to a design or manufacturing fault. If Supplier demonstrates to Buyer’s reasonable satisfaction that such Defect is not due to a design or manufacturing fault and such Defect occurs during the applicable Defect Warranty Period, Supplier shall be liable solely for correcting such Defect in the manner set forth in Section and shall do so with respect to all Wind Turbines at the Project Site determined to contain such Defect in a Major Component.
Serial Defects. If, during the period from the Effective Date to the end of the Warranty Period, [***] of any part or component of the Work contains the same Defect then a serial defect shall be presumed to exist in all such parts or components (a “Serial Defect”). All parts or components delivered to the Site, including those that were rejected by Owner prior to installation, shall be included for the purposes of calculating the Defect percentage for such type of parts or component. If a Serial Defect is presumed to exist, EPC Contractor shall [***].
Serial Defects. 10.1 SELLER warrants that the Products shall be free from epidemic faults. Epidemic faults are for the purpose of this Agreement defined as defects which are the same or have the same cause or effect and occur over a period of twelve (12) months with a class failure quantity of at least three (3) in twenty (20) sequentially delivered units, within a period of one (1) year from the delivery date of the last sequentially delivered unit to an END USER. In case of such epidemic faults, SELLER shall repair or replace such, units and it further warrants that units not yet delivered to end-user customers will be upgraded, and for units in the field upgraded components or parts will be made available from SELLER at no charge and DISTRIBUTOR will be responsible for the building in and building out of the said components or parts at SELLER’s expense; provided DISTRIBUTOR shall request such assistance from SELLER as it may reasonably request.
Serial Defects. If fifteen percent (15%) or more of the same or substantially similar type of component comprising the Work contains a Defect (that Defect, a “Serial Defect”) then Seller shall perform, at its sole cost and expense, an industry-standard root cause analysis of that component failure to determine whether the failure constitutes a Serial Defect of either manufacture or design. If the Serial Defect is a manufacturing defect, then Seller shall require the manufacturer of the component or components to repair, replace or otherwise correct all such components, irrespective of whether or not the Defect has manifested itself. If the Serial Defect is a design defect, then Seller shall cause the manufacturer redesign, retrofit, repair, and replace the components, irrespective of whether or not the Defect has manifested itself, to eliminate the Serial Defect as quickly as possible. Any item repaired or replaced under this Section 13.7 shall be warranted for the time period set forth in Section 13.2. 40
Serial Defects. If at Substantial Completion the System’s System Energy Rating is equal to or greater than 100 MWh and during the Warranty Period, Buyer notifies Tesla of a suspected Serial Defect (defined below), Tesla will as soon as reasonably practicable perform or cause to be performed a root cause analysis with respect to such suspected Serial Defect. If the root cause analysis establishes that the failure was the result of a Defect (defined below) from the same root cause, and that Defect is reasonably likely to involve 15% or more of the total number of inverter power stages, battery modules, or thermal management systems installed at the Site, that Defect shall be deemed to be a “Serial Defect”. Components that are the subject of a Serial Defect shall be repaired, redesigned, or replaced in accordance with the Manufacturer’s Limited Warranty as claims are made under the Manufacturer’s Limited Warranty with respect to such components on a case by case basis. “Defect” for purposes of this Section 9(e) has the meaning set forth in the Manufacturer’s Limited Warranty.
Serial Defects. If fifteen percent (15%) or more of the same or substantially similar type of component comprising the Work contains a Defect (that Defect, a “Serial Defect”) then Seller shall perform, at its sole cost and expense, an industry-standard root cause analysis of that component failure to determine whether the failure constitutes a Serial Defect of either manufacture or design. If the Serial Defect is a manufacturing defect, then Seller shall require the manufacturer of the component or components to repair, replace or otherwise correct all such components, irrespective of whether or not the Defect has manifested itself. If the Serial Defect is a design defect, then Seller shall cause the manufacturer redesign, retrofit, repair, and replace the components, irrespective of whether or not the Defect has manifested itself, to eliminate the Serial Defect as quickly as possible. Any item repaired or replaced under this Section 13.7 shall be warranted for the time period set forth in Section 13.2. 42 Section 13.8 Latent Defects. Seller will provide directly or from its Subcontractors or the Turbine Supplier a 7-year latent defect warranty. If, following the end of the Warranty Period, Purchaser observes or discovers any error, omission, defect or deficiency in the Work that would not have been revealed to Purchaser during the Warranty Period despite Purchaser’s exercise of reasonable due diligence in operating and maintaining the Project Facilities, Seller shall effect (or cause the relevant Subcontractor or Turbine Supplier to effect) the repair or replacement of the non-compliance with the Warranty (including any necessary uncovering and recovering) provided that notice of the error, omission, defect or deficiency shall have been given to Seller by Purchaser within seven (7) years following the Project Substantial Completion Date and provided further that Purchaser provides Seller with the required access to effect the repair or replacement. 42
