Epidemic Failure definition
Epidemic Failure has the meaning specified in Section 8.5.
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.
Epidemic Failure means the occurrence of an average in-field failure rate of [****] percent ([****]%) or more per month of the total units for a particular Product delivered in any rolling [****] month period.
Examples of Epidemic Failure in a sentence
If replacement Products are not provided and/or an acceptable plan to resolve an Epidemic Failure is not provided to the Purchaser within thirty (30) days after it is reported, or such additional period as may be permitted by the Purchaser in its discretion depending on the nature of the Epidemic Failure, the Purchaser may terminate this Purchase Agreement without any liability to the Supplier for such termination.
In the event of an Epidemic Failure, Supplier shall promptly establish, in a manner fully satisfactory to and agreed upon by Midmark, a procedure to resolve and replace all defective Products, the full cost of which procedure shall be borne by Supplier.
In the event of an Epidemic Failure, the Purchaser is entitled to request a refund or credit for the affected Products (and the Supplier shall provide such refund or credit on the Purchaser‘s request) and the Purchaser may also cancel any specific Order pertaining to the affected Product.
In the event of an Epidemic Failure, the Purchaser is entitled to request a refund or credit for the affected Products (and the Supplier shall provide such refund or credit on the Purchaser's request) and the Purchaser may also cancel any specific part of the Order pertaining to the affected Product.
More Definitions of Epidemic Failure
Epidemic Failure means Product deficiencies resulting from defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Products shipped during any rolling six (6) month period.
Epidemic Failure means [*]
Epidemic Failure means a series of failures (i) indicating a common or systemic Product failure related to the same or similar root cause, (ii) equal to or in excess of [***] of the total number of Assembled Parts during any rolling [***] month period; and (iii) resulting in the failure of Products to meet the Limited Product Warranty, (iv) during the Limited Warranty Period.
Epidemic Failure means the occurrence of an identical or substantially similar repetitive Plexus workmanship defect in Assemblies that either fail or are found defective while under warranty, at a rate of 4% or greater in the Assemblies delivered to Customer during any six (6) month period within the warranty period. In the event of a suspected Epidemic Failure, Customer shall promptly notify Plexus, and shall provide the following information, if known and as may then exist: a description of the defect, and the suspected lot numbers, serial numbers or other identifiers, and the delivery dates of the defective Assemblies. Customer shall also deliver or make available to Plexus samples of the allegedly defective Assembly for testing and analysis. Within five (5) business days of receipt of such samples from Customer, Plexus shall provide its preliminary findings regarding the cause of suspected failures. Thereafter, Plexus shall promptly provide the results of its root cause corrective analysis, its proposed plan for the identification of and the remedy of the affected Assemblies (as applicable), and such other information as deemed appropriate by Plexus. The parties shall cooperate and work together to expeditiously devise and implement a mutually-agreed corrective action program which identifies the defective Assemblies (as applicable) for either repair or replacement at Plexus’ option. In the event of an Epidemic Failure, Plexus shall, at its expense: (a) provide Customer in with repaired or replaced Assemblies per the terms of the Limited Warranty stated under section 9; (b) reimburse Customer its reasonable freight and transportation costs in shipping to the affected end users the repaired or replaced Assemblies, and (c) order and purchase Components to build additional Assemblies in quantities sufficient to cover predicated future failures, but not to exceed one (1) month of the then-current quarter’s Demand. These replacement Assemblies will be used by Plexus to expedite warranty service for future failed Assemblies if the root cause analysis indicates that additional Assemblies are susceptible to failure. If, after three (3) months of the initiation of the corrective action program for a specific instance of Epidemic Failure, there are residual Components or Assemblies in Plexus possession that have not been used to fulfill the obligations of this section, then Impinj will promptly issue a Purchase Order for the remaining Assemblies or Components for delivery within...
Epidemic Failure means Product failures (i) having the same or similar cause, verified by Buyer, or an independent Third Party on behalf of Buyer (ii) occurring within *** years after the date of delivery of the Product (iii) resulting from defects in materials, workmanship, manufacturing process or design or failure to conform with the Specifications, (iv) having a one month failure rate equal to or in excess of the rate calculation defined as *** times the most current, consecutive *** month (or any other mutually agreed upon, currently monitored duration) rolling average failure rate where the failure rate is calculated by dividing the number of unit fails by the unit population or installed base (Failure Rate = N unit failures / N unit population), (v) having a failure rate of *** percent (***%) or higher, or (vi) wherein it has been determined that product poses an environmental, safety, or health issue.
Epidemic Failure means a Defect in more than one unit of the same Product where each such Defect (a) has a similar root cause; and (b) all such Defects occur in one percent or more of units received by Buyer;
Epidemic Failure means a Reject Rate of [**]% or above. The Reject Rate calculation shall use a moving time window based on a period of [**] month intervals. An Epidemic Failure is declared if the Reject Rate associated with the same root cause found during any [**] month period divided by number of total units delivered to ADVA during that same [**] month interval exceeds the Epidemic Failure Reject Rate as specified in this agreement.