Test Failure Clause Samples
A Test Failure clause defines the procedures and consequences that apply if a product or service does not meet specified testing criteria. Typically, this clause outlines the steps to be taken if a test is failed, such as retesting, repair, replacement, or possible contract termination, and may specify timelines or responsibilities for corrective actions. Its core practical function is to ensure that both parties understand what happens in the event of a failed test, thereby allocating risk and providing a clear process for resolving quality or performance issues.
Test Failure. If any Wafer or lot of Wafers fails incoming ------------ inspection or test, and if test failure is caused by an initial memory defect or any defect in the Process used by Toshiba, NMI may reject such lot or Wafer in writing within thirty (30) days after delivery and return such lot or Wafer to Toshiba, at Toshiba's expense, for a full refund. Wafers that fail only logic tests should not be returned to Toshiba. Wafers that fail reliability tests only because of a defect introduced in the Wafers after Toshiba has delivered the Wafers to the buyer shall not be returned to Toshiba. NMI will explain the reasons for wishing to reject a lot, and Toshiba will be entitled to examine any lot that NMI wishes to reject. The parties will seek in good faith to resolve any disagreement as to whether a lot is conforming.
Test Failure a. The Contractor shall notify the Town of Oakland within 24 hours upon gaining knowledge of any failing test.
Test Failure. If any Wafer or lot of Wafers fails incoming inspection or test, and if test failure is caused by any defect in the Process used by Siemens, any defect in the Memory Module provided by Siemens or any other design core (if such core is provided by Siemens), NMI may reject such lot or Wafer in writing as soon as possible but at least within thirty (30) days after delivery and return such lot or Wafer to Siemens, at Siemens's expense, for a full refund. NMI will explain the reasons for wishing to reject a lot, and Siemens will be entitled to examine any lot that NMI wishes to reject. The parties will seek in good faith to resolve any disagreement as to whether a lot is conforming. For return shipment, NMI shall use reasonable commercial efforts to use Siemens's original packing, but in any event shall use commercially reasonable packaging, and supply all identifying shipping documents in order to avoid any deterioration of the goods.
Test Failure. If any Wafer or lot of Wafers fails incoming ------------ inspection or test, and if test failure is caused by any defect in the Process used by MELA, or any other design core provided by MELA, Centillium Communications, Inc. may reject such lot or Wafer in writing as soon as possible but at least within forty-five (45) days after delivery and return such lot or Wafer to MELA, at MELA's expense, for a full refund. Centillium Communications, Inc. will explain the reasons for wishing to reject a lot and MELA will be entitled to examine any lot that Centillium Communications, Inc. wishes to reject. The parties will seek in good faith to resolve any disagreement as to whether a lot is conforming. After mutual agreement for return shipment, Centillium Communications, Inc. shall use reasonable commercial efforts to use MELA original packing, but in any event shall use commercially reasonable packaging, and supply all identifying shipping documents in order to avoid any deterioration of the goods.