Systemic Defects definition

Systemic Defects means a defect in the design, materials, or manufacturing which occurs in identical or substantially similar form or from a substantially similar cause (i) in at least twenty (20) percent of the units of Product delivered, when less than 100 units are delivered in any particular sixty (60) day period; or (ii) in at least ten (10) percent of the units of Product delivered, when 100 or more units are delivered in any sixty (60) day period; or (iii) more than ten (10) percent of the units of Product(s) which are in XEROX' inventory or which are installed at customer locations.
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Systemic Defects means a defect in the design, materials, or manufacturing which occurs in identical or substantially similar form or from a substantially similar cause (i) in at least [CONFIDENTIAL TREATMENT REQUESTED]/*/ percent of the units of Product delivered, when less than [CONFIDENTIAL TREATMENT REQUESTED]/*/ units are delivered in any particular [CONFIDENTIAL TREATMENT REQUESTED]/*/ day period; or (ii) in at least [CONFIDENTIAL TREATMENT REQUESTED]/*/ percent of the units of Product delivered, when [CONFIDENTIAL TREATMENT REQUESTED]/*/ or more units are delivered in any [CONFIDENTIAL TREATMENT REQUESTED]/*/ day period; or (iii) more than [CONFIDENTIAL TREATMENT REQUESTED]/*/ percent of the units of Product(s) which are in XEROX' inventory or which are installed at customer locations.
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Systemic Defects means a defect of any type affecting the usefulness of the AHP Unit for its intended purpose which occurs in identical or substantially similar form or from a substantially similar cause in more than (i) 0% of 750 consecutively shipped AHP Units manufactured during the first 90 days of production, (ii) 3% of 750 consecutively shipped AHP Units manufactured during the next 90 days of production, or (iii) 3% of 750 consecutively shipped AHP Units manufactured during any production period subsequent to the 180th day of production (as such period may be determined by DMD), within eighteen (18) months after receipt of delivery of Products by DMD.
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Examples of Systemic Defects in a sentence

  • The time for completion of the Work shall not be extended, nor shall the SI's liability for liquidated damages be reduced, as a result of any delay in performance of the Work caused in whole or in part by compliance with this Section 18 (Systemic Defects).

  • Without limiting or waiving the SI's obligations under Section 18 (Systemic Defects), the SI shall provide the MTA with a new NFPS Hardware component if that particular NFPS Hardware component was repaired or replaced on three (3) or more occasions for the same Failure.

  • Any nonconformance in the Splash products that would have been fixed by changes proposed by Splash and rejected by Xerox, and would not otherwise degrade the System, will not be considered breaches of Splash's obligations under Article XI or Section 4.02, or Section 5.04, or Section 5.04, or contribute to the calculation of Systemic Defects.

  • With respect to Sensor Assembly Defects that are not covered under DMD's standard 12 month warranty or under and Extended Warranty and that are not Systemic Defects, both DMD and SUNI agree that it is in their mutual best interest to preserve customer good will and to cooperate on a case by case basis to remedy such defects in a manner that is in the customer's interest and is equitable for DMD and SUNI.

  • The foregoing states Splash's sole obligation and the exclusive remedy of Xerox and Xerox Affiliates with respect to Systemic Defects.

  • The Contractor is responsible to correct all Systemic Defects, regardless of the dollar amount, wherever the end items/supplies are located.

  • DMD agrees that it will, at all times during the term of this Agreement, and for so long as it continues to sell or otherwise support Sensor Assemblies and Board Assemblies, carry insurance that names SUNI as an additional insured and that is sufficient to cover the costs of possible loss or damage arising out of Systemic Defects, including, but not limited to, the cost of replacement Components and of manufacturing, test and assembly services.