Endemic Defect definition

Endemic Defect means a Defect in a Major Component (as detailed in the Technical Specification) during its expected Design Life, irrespective of whether it has then become apparent in any item of Plant which the Employer’s Representative and the Supplier’s Representative, each acting reasonably, believe will thereafter become an Epidemic Defect;
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Endemic Defect means the same defect affecting at least (5%) per cent of Goods / Services, delivered by the Supplier to VSA under a Contract or under different Contracts including the same Good / Service, measured over a continuous period of twelve (12) consecutive months, from the date of Delivery of the first Good / Service until three (3) years after the date of delivery of the last Good / Service to VSA.
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Endemic Defect means the same defect affecting at least (5%) per cent of Goods or a same defect affecting at least three (3 %) per cent of circuit boards, components or electronic sub-sets delivered by the Supplier to the Purchaser under the Contract, measured over a continuous period of twelve (12) consecutive months, from the date of Delivery of the first Good until three (3) years after the date of delivery of the last Good to the Purchaser. Throughout the warranty period defined above, the Supplier shall provide an analysis and action plan to correct any Endemic Defect that shall be notified to it by the Purchaser, within a period not to exceed one (1) week from the notification thereof sent by the Purchaser. This action plan shall be implemented within a reasonable period, to be defined mutually between the Parties in relation to the nature of the Endemic Defect.If an Endemic Defect affects the same part or the same Good in one or more Orders, the Supplier shall repair or replace all of the identical parts or Goods that are the subject of such Order(s). The Supplier shall also bear the costs of the logistics, disassembly and re-assembly of the parts or Goods.If an Endemic Defect on the same part or the same Good is repaired, the warranty period covering the part or Good shall be extended for a period of twelve (12) months, from the date of receipt by the Purchaser of the Good or part thus repaired.
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Examples of Endemic Defect in a sentence

  • Endemic Defect: Defect detected on a product, which due it its nature, is likely to affect all the products of the same type already delivered.


More Definitions of Endemic Defect

Endemic Defect means the same defect affecting at least five (5%) per cent of Equipment or a same defect affecting at least three (3%) per cent of circuit boards, components or electronic sub-sets delivered by the Supplier to the Purchaser under the Order, measured over a continuous period of twelve (12) consecutive months, from the date of Delivery of the first Equipment until three (3) years after the date of delivery of the last Equipment to the Purchaser.
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Endemic Defect means the same or a substantially similar Defect in a Recurring Element that, during the course of any consecutive twelve (12) Month period, arises, occurs or becomes apparent in a material number of the relevant Recurring Elements.
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Related to Endemic Defect

  • Major Defect means defect of significant magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.

  • Minor defect means a defect which is not a Major Defect.

  • Latent Defect means a defect, inherently lying within the material or arising out of design deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.

  • Material Defect means the Deliverable fails to substantially comply with the applicable and corresponding acceptance criteria for that Deliverable set forth in the Order Form.

  • Latent Defects means such defects caused by faulty designs, material or work-man- ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.

  • Environmental Defect means: (i) a condition or activity with respect to an Asset that is in material violation, or reasonably likely to materially violate, any federal, state or local statute, or any rule, order, ruling or regulation entered, issued or made by any court, administrative agency, or other governmental body or entity, federal, state, or local, or any arbitrator (“Environmental Law”), or surface or mineral lease obligation, whether an express or implied obligation, relating to natural resources, conservation, the environment, or the emission, release, storage, treatment, disposal, transportation, handling or management of industrial or solid waste, hazardous waste, hazardous or toxic substances, chemicals or pollutants, petroleum, including crude oil, natural gas, natural gas liquids, or liquefied natural gas, and any wastes associated with the exploration and production of oil and gas (“Regulated Substances”); or (ii) the presence of Regulated Substances in the soil, groundwater, or surface water in, on, at or under an Asset in any manner or quantity which is required to be remediated by Environmental Law or by any applicable action or guidance levels or other standards published by any governmental agency with jurisdiction over the Assets, or by a surface or mineral lease obligation, whether an express or implied obligation. Buyer and Seller agree that for a condition to be in violation of any statute or regulation it shall not be necessary that Seller shall be under notice of violation from a federal or state regulatory agency or lessor. The Parties agree and acknowledge that Buyer will be provided an opportunity to examine the Assets for potential naturally occurring radioactive materials (“NORM”), and any potential obligations with respect to NORM and that the presence of NORM on any of the Assets, except with respect to inactive xxxxx, facilities, pipelines and other equipment, may not be raised by Buyer as the subject of an Environmental Defect.

  • Title Defect as used in this Agreement, shall mean: (a) any encumbrance, encroachment, irregularity, defect in or objection to Seller’s ownership of any Asset (expressly excluding Permitted Encumbrances) that causes Seller not to have Defensible Title to such Asset or (b) any default by Seller under a lease, farmout agreement or other contract or agreement that would (i) have a material adverse affect on the operation, value or use of such Asset, (ii) prevent Seller from receiving the proceeds of production attributable to Seller’s interest therein or (iii) result in cancellation of Seller’s interest therein.

  • Environmental Defect Value means, with respect to any Environmental Defect, the value, as of the Closing Date, of the estimated costs and expenses to correct such Environmental Defect in the most cost-effective manner reasonably available, consistent with Environmental Laws, taking into account that non-permanent remedies (such as mechanisms to contain or stabilize hazardous materials, including monitoring site conditions, natural attenuation, risk-based corrective action, institutional controls or other appropriate restrictions on the use of property, caps, dikes, encapsulation, leachate collection systems, etc.) may be the most cost-effective manner reasonably available.

  • Defective Work means (a) Work that is unsatisfactory, deficient or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager.

  • Environmental Defect Notice shall have the meaning set forth in Section 12.1(a).

  • Title Defect Property shall have the meaning set forth in Section 11.2(a).

  • Title Defect Amount means, with respect to a Title Defect Property, the amount by which such Title Defect Property is impaired as a result of the existence of one or more Title Defects, which amount shall be determined as follows:

  • Title Defect Value means the amount by which the Allocated Value of an Asset has been reduced by a Title Defect. In determining the Title Defect Value, the Parties intend to include only that portion of the Asset affected by the defect. The Title Defect Value may not exceed the Allocated Value of the Asset and shall be determined by the Parties in good faith taking into account all relevant factors, including without limitation, the following:

  • Casualty Loss means, with respect to any item of Equipment, the loss, theft, damage beyond repair or governmental condemnation or seizure of such item of Equipment.

  • Nonconformity or “Nonconformities” means any failure or failures of the Software to conform to the requirements of this Contract, including any applicable Documentation.

  • Epidemic Failure means a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.

  • Violent student means a student under the age of 21 who:

  • Title Defect Notice shall have the meaning set forth in Section 11.2(a).