Defects or Deficiencies definition

Defects or Deficiencies or "Defective" means any one or a combination of the following items or other items of a substantially similar nature:
Sample 1Sample 2Sample 3
Defects or Deficiencies means any design, engineering, Equipment and Materials, system, component, workmanship, materials or other Work that: (i) does not conform to the Scope of Work; (ii) does not conform to Applicable Laws or Applicable Permits, in each case in effect as of Substantial Completion; (iii) is of improper or inferior workmanship or material; or (iv) does not conform to Prudent Industry Practices.
Sample 1Sample 2Sample 3
Defects or Deficiencies means any Services (or any part thereof) that fail to conform to the Applicable Standards in any manner (including any services, performance, materials, design, execution, engineering and/ or workmanship in respect of such Services); and any grammatical forms of such terms shall be construed accordingly.
Sample 1Sample 2

Examples of Defects or Deficiencies in a sentence

  • If, as part of the Warranty Work, Seller is obligated to repair, replace, or rework any Equipment and Materials, item, or other portion of the Work hereunder, Seller shall undertake a technical analysis of the problem and correct the "root cause" as appropriate based on the nature of the Defects or Deficiencies or other breach unless Seller can demonstrate to Buyer's satisfaction, in its sole discretion, that there is not a reasonable risk of reoccurrence of such problem.

  • By approving an Artifact and/or giving Acceptance for a Deliverable, HCA represents only that it has reviewed the Artifact or Deliverable against the stated Artifact and/or Deliverable Acceptance criteria as stated in the Associated DED and has detected no Defects or Deficiencies of sufficient gravity to defeat or substantially threaten the attainment of those objectives and to warrant the withholding of Acceptance for work completed.

  • Buyer may inform Seller promptly if it believes there are any Defects or Deficiencies in the Work not in conformance with this Agreement, including the Project Documents, and/or if it believes there are Defects and Deficiencies it discovers during any inspection of the Work; provided, however, that Xxxxx's failure to so notify will not constitute a breach of this Agreement.

  • Seller shall bear all costs and expenses associated with correcting any Defects or Deficiencies, including necessary disassembly, transportation, reassembly, and retesting, as well as re-performing, reworking, repair, replacement, commissioning, and testing such part of the Work as shall be necessary to cause the applicable portion of the Work to conform to the applicable requirements of the Work.

  • Prior to Substantial Completion, Seller shall promptly correct or cause to be corrected, at no additional cost to Buyer, any Defects or Deficiencies in any part of the Work, regardless of the stage of its completion or the time, place or means of discovery of such Defects or Deficiencies.

  • By approving an Artifact and/or giving Acceptance for a Deliverable, HCA represents only that it has reviewed the Artifact or Deliverable against the stated Artifact and/or Deliverable Acceptance criteria as stated in the Associated Deliverable Expectation Document and has detected no Defects or Deficiencies of sufficient gravity to defeat or substantially threaten the attainment of those objectives and to warrant the withholding of Acceptance for work completed.

  • After Substantial Completion, any remaining Defects or Deficiencies that qualify as Punch List Items shall be corrected as part of the Punch List Items, and new Defects or Deficiencies arising after the Punch List Items have been memorialized and/or completed, shall be addressed pursuant to the Warranty provisions in ARTICLE XVII.

  • Neither HCA approval of a submitted Artifact nor the Acceptance of a submitted Deliverable will in any way infringe on the ability of HCA to identify and report Defects or Deficiencies to the Contractor for resolution under the terms of this Contract.

  • Unless otherwise agreed to by the Parties, no payment shall be made for any partially completed Milestone Payment or for Work that constitutes Defects or Deficiencies or that remains subject to Buyer's review and approval in accordance with this Agreement.

  • Buyer may inform Seller promptly if it believes there are any Defects or Deficiencies in the Work not in conformance with this Agreement, including the Project Documents, and/or if it believes there are Defects and Deficiencies it discovers during any inspection of the Work; provided, however, that Buyer's failure to so notify will not constitute a breach of this Agreement.


More Definitions of Defects or Deficiencies

Defects or Deficiencies means any designs, engineering, materials, equipment, supplies, or installations which (i) do not conform to the Plant Scope, Good Engineering Practices, or Plant Plans and Specifications, or are of inferior workmanship as determined by applicable Codes and Standards or (ii) would materially and adversely affect the ability of Northwind to achieve the Final Completion Deadline.
Sample 1Sample 2
Defects or Deficiencies or "Defective" means when used with respect to any Products, such items that are not (i) new (unless otherwise as specifically set forth in this Agreement) and of good quality and free from improper or inferior workmanship and defects or (ii) otherwise in conformance with the Specifications.
Sample 1Sample 2
Defects or Deficiencies. OR "DEFECTS" shall mean any one or a combination of the following items: (a) when used with respect to the performance of Services (including performance by Seller's subcontractors), such Services that are not provided in a workmanlike manner and in accordance with the standards and/or specifications set forth herein; (b) when used with respect to structures, materials, and Equipment (whether provided by Seller or Seller's subcontractors), such items that are not new and of good quality and free from improper workmanship and defects in accordance with the standards and/or specifications set forth herein or established hereunder and standards of good procurement, manufacturing and construction; (c) in general, (i) Work (including Work by Seller's subcontractors) that does not conform to the specifications and/or requirements of this Agreement, or (ii) any engineering, start-up activities, materials, Equipment, tools, supplies, or training, as applicable, that (1) does not conform to the standards and/or specifications set forth herein or established hereunder, (2) has inferior workmanship, or (3) would materially and adversely affect the ability of Equipment and/or Services to meet the applicable performance criteria specified herein on a consistent and reliable basis.
Sample 1Sample 2
Defects or Deficiencies means any designs, engineering, drawings, Materials and Equipment, components, tools, supplies, installation, construction, or workmanship of the Work, (i) that does not conform in every material respect to the Scope of Work or the final Drawings and Specifications, (ii) that is not of uniform good quality, free from any material defects or deficiencies in design, manufacture, or workmanship, or that contains improper or inferior workmanship, or (iii) that either would demonstrably or materially adversely affect the expected use of the facility or the continuous safe and reliable facility or the continuous safe and reliable operation of the facility during the facility's life. The term "Defects or Deficiencies" shall not be construed to include damages facility or the continuous safe and reliable operation of the facility during the facility's life. The term "Defects or Deficiencies" shall not be construed to include damages caused by the District's acts or omissions, abuse, misuse, negligence in operations maintenance and repair, or failure to follow the Contractor's operation and maintenance recommendations and directions, nor shall the term include the effects of ordinary or expected wear and tear.
Sample 1
Defects or Deficiencies means any designs, engineering, drawings, Materials and Equipment, components, tools, supplies, installation, construction, or workmanship of the Work, (i) that does not conform in every material respect to the Scope of Work or the final Drawings and Specifications, (ii) that is not of uniform good quality, free from any material defects or deficiencies in design, manufacture, or workmanship, or that contains improper or inferior workmanship, or (iii) that either would demonstrably or materially adversely affect the expected use of the facility or the
Sample 1
Defects or Deficiencies shall have the meaning given to it in Section 8.1.
Sample 1

Related to Defects or Deficiencies

  • 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.

  • Deficiencies means defects arising from non-conformity with the mutually agreed specifications and/or failure or non-conformity in the Scope of the Services.

  • Defects means any part of the Works not completed in accordance with the Contract, or completed with deficiencies and flaws and includes deficiencies, flaws, etc. developed during the execution of Works and during the Defect Liability Period.

  • 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.

  • Minor defect means a defect which is not a Major Defect.

  • Major Defect means a condition that exists on a ground ambulance vehicle that requires the Department or the certificate holder to place the ground ambulance vehicle out-of-service.

  • Immaterial Title Deficiencies means minor defects or deficiencies in title which do not diminish more than 2% of the aggregate value of the Oil and Gas Properties evaluated in the Reserve Report used in the most recent determination of the Borrowing Base.

  • Material Document Defect As defined in Section 2.03(a) of this Agreement.

  • Significant deficiency means a shortcoming in the system that materially affects the ability of officials of the Department of Defense to rely upon information produced by the system that is needed for management purposes.

  • 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.

  • Environmental Conditions means the presence in the environment, including the soil, groundwater, surface water or ambient air, of any Hazardous Material at a level which exceeds any applicable standard or threshold under any Environmental Law or otherwise requires investigation or remediation (including, without limitation, investigation, study, health or risk assessment, monitoring, removal, treatment or transport) under any applicable Environmental Laws.

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

  • Defect means any part of the Works not completed in accordance with the Contract.

  • Material Defect As defined in Section 2.02(c) hereof.

  • Title Defects has the meaning set forth in Section 5.15(b).

  • Construction defect means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:

  • Nonconforming structure means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • Counterfeit Work means Work that is or contains items misrepresented as having been designed and/or produced under an approved system or other acceptable method. The term also includes approved Work that has reached a design life limit or has been damaged beyond possible repair, but is altered and misrepresented as acceptable.

  • Defective Work means (a) Work that is unsatisfactory, deficient or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager.

  • Correction as used in this clause, means the elimination of a defect.

  • Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

  • Congenital Condition(s) means (a) any medical, physical or mental abnormalities existed at the time of or before birth, whether or not being manifested, diagnosed or known at birth; or (b) any neo-natal abnormalities developed within six (6) months of birth.

  • Deficiency means a defect, flaw, anomaly, failure, omission, interruption of service, or other problem of any nature whatsoever with respect to a Deliverable, including, without limitation, any failure of a Deliverable to conform to or meet an applicable specification. Deficiency also includes the lack of something essential or necessary for completeness or proper functioning of a Deliverable.

  • Counterfeit drug means a drug that, or the container or

  • Problem means an unknown underlying cause of one or more Incidents. It becomes a Known Error when the root cause is known and a temporary workaround or permanent alternative has been identified.