Latent Damage definition

Latent Damage means damage that is concealed, not apparent or obvious, and includes but not limited to inherent fragility, brittleness, or instability;
Sample 1Sample 2Sample 3
Latent Damage means damage or a Product defect that exists as at the Delivery Date but is not discoverable by a reasonable inspection.
Sample 1Sample 2Sample 3
Latent Damage shall have the meaning set forth in Section 7.1 hereof.
Sample 1

Examples of Latent Damage in a sentence

  • Latent Damage: Damage or conditions beyond control of Painting Applicator caused by conditions not apparent at time of initial painting or coating work.

  • Correction of 'Latent Damage' and 'Damage Caused By Others,' as defined in this Section, is not included in work of this Section.

  • Many of these cases would now be governed by s 14A of the 1980 Act (inserted by the Latent Damage Act 1986).

  • In relation to limitation of actions, the Commission published a Report on The Statutes of Limitations: Claims in Contract and Tort in Respect of Latent Damage (Other than Personal Injury) (LRC 64-2001).

  • The Applicant has referred to an “average lifespan of 40 years” but there is currently no data available for panels of this type that have been operating for more than 40 years.

  • In this way, the Latent Damage Act did not reverse the decision in Pirelli as to when the cause of action accrued; instead, the Act was based on the correctness of the decision in law, but sought to ameliorate its effect by extending the limitation period in certain circumstances.

  • He noted that the Latent Damage Act 1986 applied to tortious claims, but not to claims in contract.

  • The list of personnel to be provided during trial run and operation and maintenance is given in Annexure-III of this document.

  • Section 3 of the Latent Damage Act goes on to deal with successor owners: in broad terms, the date of knowledge is that when some person with an interest becomes seized of the ``material facts''; neither the longer accrual-based period nor the post-discovery period are revived by successive transfers of interests in the property.

  • For all these reasons, I consider that the Latent Damage Act cannot be made consistent with the cause of action in tort accruing at the date of knowledge.


More Definitions of Latent Damage

Latent Damage means damage to Vehicles which is undetectable during a standard receiving inspection. Latent Damage shall apply only to those Vehicles that have been documented (or otherwise identified pursuant to mutually agreed upon procedures) as having been damaged while in the care, custody or control of Carrier or any of its employees, agents, representatives or contractors. The term “Actual Losses” shall include without limitation all damage and losses that are described in Appendix B attached hereto and incorporated herein by this reference. Other than Damage Exceptions described in Section 3.10 hereof and damages to Vehicles solely to the extent specifically excused pursuant to Section 11 hereof, and notwithstanding any rights or remedies the parties may have under 49 U.S.C.A. § 14706, which rights and remedies they hereby waive, Carrier shall be fully liable to TMS/USA for: (a) any Actual Losses in connection with the Vehicles which are lost, damaged (including Latent Damage or contamination) or destroyed between the time such Vehicles have been tendered to Carrier for transport at the Origin Point and the time the Vehicles are tendered to TMS/USA at the applicable Secured Area at the Destination Point, or whenever the Vehicles are in the possession of or under the care, custody or control of Carrier (or any of its employees, agents, representatives or contractors), and (b) any loss, damage, liability, cost, claim or destruction which arises directly or indirectly from the performance of or failure to perform properly the obligations pursuant to this Agreement by Carrier or any of its employees, agents, representatives or contractors. The amount to be paid by Carrier to TMS/USA for loss of or damage to Vehicles shall be computed as set forth in Appendix B. In the event of damage to Vehicles, Carrier shall not, under any circumstance, cause, suffer or permit the sale or disposal of any of the Vehicles or parts thereof as salvage or otherwise. Carrier’s obligations with respect to this Section 7.1 shall survive the termination or expiration of this Agreement.
Sample 1

Related to Latent Damage

  • Direct Damage has the meaning given to it in clause 26.2;

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Premises Partial Damage means damage or destruction to the Premises, other than Lessee-Owned Alterations and Utility Installations, the repair cost of which damage or destruction is less than fifty percent (50%) of the then Replacement Cost (as defined in Paragraph 9.1(d)) of the Premises (excluding Lessee-Owned Alterations and Utility Installations and Trade Fixtures) immediately prior to such damage or destruction.

  • Structural damage means a covered building, regardless of the date of its construction, has experienced the following.

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Physical Damage means tangible damage to a Property that materially adversely affects the use, marketability, or value of the Property, whether caused by accident or otherwise, including, but not limited to damage caused by reason of fire, destruction of tangible property, defects in construction, land subsidence, earth movement or slippage, flood, earthquake, war, civil insurrection, or riot; and further, Physical Damage includes Environmental Impairment and the destruction or removal of chattel items that are considered part of the Property (see Section I., KK., [Property]) For purposes of this definition "material" shall mean an amount equal to or greater than $1,500.00 such that the estimated cost to repair a Property is $1,500.00 or more before the exclusion set forth in Section III., G., (Physical Damage Exclusion) would apply to exclude coverage for a Loan. The presence of radon gas, lead paint or asbestos in the dwelling on the Property shall not be deemed to be Physical Damage.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Environmental Damage means any injury or damage to persons, living organisms or property (including offence to man’s senses) or any pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

  • Material Damage and "Materially Damaged" means damage which, in Seller's reasonable estimation, exceeds $200,000.00 to repair or which, in Seller's reasonable estimation, will take longer than ninety (90) days to repair.

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Premises Building Partial Damage means if the Building of which the Premises are a part is damaged or destroyed to the extent that the cost to repair is less than fifty percent of the then replacement cost of the Building.

  • Damage means actual and/or physical damage to tangible property;

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • Property damage means physical injury to, de- struction of, or loss of use of tangible property.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Severe property damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

  • Overhead Damage means any damage to the Vehicle or to any third-party property that is caused by:

  • Accidental Damage means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g., dropping the Covered Equipment or through liquid contact) or due to an external event (e.g., extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Serious damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage:

  • 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.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Insured Damage means that part of any damage occurring to the Leased Premises of which the entire cost of repair is actually recovered by the Landlord under a policy of insurance in respect of fire and other perils from time to time effected by the Landlord, or for which the Landlord has self-insured under Section 9.1 herein.