Supplier Defect definition

Supplier Defect means any defect or malfunction in the Capital Equipment or any component thereof which prevents or materially limits or interferes with the operation of the System as contemplated by the Parties hereunder and which is not discoverable upon reasonable inspection, including in connection with Motivate's inspection of the Capital Equipment as part of the Equipment Acceptance process, or which develops in a latent manner over time.
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Examples of Supplier Defect in a sentence

  • Motivate shall not be liable to the City with respect to the performance, acts or omissions of the Supplier, provided that, following Equipment Acceptance, Motivate shall be responsible that during the Term the Capital Equipment performs in accordance with specifications for such equipment as specified in the Supply Agreement (except to the extent failure of such equipment to perform arises out of a Supplier Defect or Force Majeure Event).

  • In the event that Motivate, after having been given notice by the City in writing of a maintenance or operation failure regarding the System, or component thereof, fails to correct such failure within the notice periods set forth in Section 14, the City may charge Liquidated Damages (except in the case where the maintenance or operation failure arises out of and/or persists as a result of a Force Majeure Event or Supplier Defect).

  • Costs in excess of the Public Funds (if any) are Motivate’s sole responsibility (except to the extent such expenditures arise out of a Force Majeure Event, a Supplier Defect, a default by the City or any material change or modification to the System ordered by the City).

  • The Parties agree that in the event of a Force Majeure Event, Supplier delay, Supplier Defect and/or delay or failure by the City in the performance of its obligations hereunder, the Parties will work in good faith to adjust the deadlines for Motivate's performance herein as mutually agreed upon by the Parties.

  • Motivate shall be responsible at its own cost and expense for ordinary repair and/or maintenance of the Capital Equipment during the Term and if any Supplier Defect is discovered Motivate shall seek from Supplier to immediately replace without charge (including freight inbound and outbound) any piece of Capital Equipment or part thereof, that proves to be defective or fails within the specified limited warranty period.

  • Motivate shall be responsible for the Work performed by it under this Contract and every part thereof, and for all materials, tools, equipment, appliances, and property of any description used by Motivate in connection with the Work (provided that Motivate shall not be responsible for any Supplier Defect).

  • Accordingly, Motivate agrees to pay to the City the liquidated damages specified in this section (the "Liquidated Damages") with respect to the failure(s) by Motivate to complete a specific element of the Work by the date specified for such element (except in the case where such delay or failure is attributable to a Force Majeure Event, Supplier Defect or Supplier delay).

  • An example of the information required for Product/Component quality history is: Product, Product Serial Number, Product Description, Product Revision, Supplier, Defect, Defect Description, Component, Component Description, Revision, Tracer Number, Supplier, date/time stamp, comments, quantity.

  • Operator shall be responsible for the Work performed by it under this Contract and every part thereof, and for all materials, tools, equipment, appliances, and property of any description used by Operator in connection with the Work (provided that Operator shall not be responsible for any Supplier Defect).

  • Operator shall be responsible at its own cost and expense for ordinary repair and/or maintenance of the Capital Equipment during the Term and if any Supplier Defect is discovered Operator shall seek from Supplier to immediately replace without charge (including freight inbound and outbound) any piece of Capital Equipment or part thereof, that proves to be defective or fails within the specified limited warranty period.

Related to Supplier Defect

  • 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.

  • Nonconformance as used in this clause means a condition of any hardware, software, material, or service/workmanship in which one or more characteristics do not conform to requirements.

  • 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.

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