Epidemic Failure definition

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 Product deficiencies resulting from failure to meet the Specifications, failure to meet the warranties of Sections 8.2 or 8.3, or defects in material, workmanship and/or manufacturing process that are in excess of one percent (1%) of the total number of Product shipped during any rolling six (6) 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

• Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance.

• If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base.

• Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

• Epidemic Failure means the occurrence of the same failure, defect, or nonconformity with an Order in 2% or more of Products within any three-month period.

• Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’ Acceptance.

More Definitions of Epidemic Failure

Epidemic Failure means [*]

Epidemic Failure shall have the meaning set forth in Section 9.5.

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 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 a condition whereby five percent (5%) or more of all units of Product delivered by Buyer to its Resellers and End Users in any single month, or three percent (3%) or more of the total field population of a Product in any quarter demonstrate defects in design, materials and/or workmanship including, but not limited to, use of components with inherent or latent defects, and such defects result from the same or substantially the same cause.

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 shall also mean the case where the parties agree in writing (such agreement not to be unreasonably delayed or withheld) that it is reasonably necessary to recall such Products in order to prevent or remedy any health or safety risk, or any violation of any applicable law, regulation or rule, arising from a failure of or in such Products.