Engineering Change Orders. Prior to Seller's making any "major revision" (i.e., a change that may affect the form, fit or function of a Product) to a Product assembly or sub-assembly (including, to the extent practicable, changes incorporated by Seller's vendors, manufacturers and subcontractors ("Suppliers")), Seller will request Buyer's consent to such major revision by issuing an ECO to Buyer. At a minimum, Buyer's approval of an ECO issued by Seller with respect to the top level assembly of a Product will be required prior to release of the Product to production. Notwithstanding any failure by Buyer to specifically approve ECOs previously presented to Buyer by Seller, Buyer's execution of an ECO shall be deemed to constitute Buyer's approval of the revision subject to such ECO, together with all Components and Specifications that are incorporated into the assembly or sub-assembly that is the subject of such ECO. In no event will Seller ship any Products to Buyer that incorporate Specifications that have not been approved by Buyer in accordance with this Section 1.4, or that have been rendered obsolete by an ECO approved by the parties in accordance with this Section 1.
Appears in 2 contracts
Sources: Production Services Agreement (HeartWare LTD), Production Services Agreement (HeartWare LTD)