Major Failure Sample Clauses

A Major Failure clause defines what constitutes a significant or critical breach of contract, typically one that undermines the core purpose of the agreement. In practice, this clause outlines specific criteria or scenarios—such as repeated non-performance, delivery of defective goods, or failure to meet essential deadlines—that qualify as major failures. Its core function is to provide a clear threshold for when more serious remedies, such as contract termination or substantial damages, may be invoked, thereby protecting parties from ongoing or irreparable harm caused by severe breaches.
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Major Failure a substantial portion of the Mitel system or of system functionality is out of service and not functioning. All major failures must be responded to within four (4) hours.
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Major Failure. Quick-Step laminate flooring is resistant to chips, scratches, stains and wear but not “proof” in any respect (i.e. scratch proof) and reasonable care should be taken to avoid scratching chips & damage from occurring. In addition, some gloss variation between boards installed may occur. Quick-Step is made using High Density Fibreboard in the core of the product and that this wood based material can be susceptible to seasonal movement, creating small gaps between the joins of each board. Note that small gaps, gloss variation, scratches and chips are NOT considered as major failure. They are considered part of purchasing a laminate floor. These definitions are not intended to reduce or diminish the statutory rights of any purchaser.
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Major Failure. Mystic Laminate flooring is resistant to chips, scratches, stains and wear but not “proof” in any respect (i.e. scratch proof) and reasonable care should be taken to avoid scratching chips & damage from occurring. In addition, some gloss variation between boards installed may occur. Mystic is made using High Density Fibreboard core and this wood-based material can be susceptible to seasonal movement, creating small gaps between the joins of each board. Note that small gaps, gloss variation, scratches and chips are NOT considered as major failure. These definitions are not intended to reduce or diminish the statutory rights of any purchaser.
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Major Failure. Any failure that results in a loss of voice or data service, a complete outage or reduction of System capacity, that are not restored by hot standby or fault tolerant Equipment, shall constitute a major failure. All major failures require immediate service as stipulated by the response and repair times associated with the various Equipment types outlined in this document.
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Major Failure. For purposes of on-site service, “major failure” is defined as a failure of ▇▇▇▇ System components that result in COUNTY’s inability to use the ▇▇▇▇ System to conduct an election by effectively preventing: (1) voters from fully, independently, and accurately casting a ballot; and/or
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Major Failure. The device is not functioning or not accessible by more than 50% of users.
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Major Failure. The PBX or VPBX is out of service; Twenty-five percent (25%) or more of the handsets and/or stations supported by Reach are out of service at any time due to the failure of products provided by Reach; or twenty-five percent (25%) or more of the network capabilities supported by Reach are out of service at any time due to the failure of products provided by Reach. Twenty-five percent (25%) or more of the user community is out of service at any time due to the failure of a Supported Product not provided by Reach.
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Major Failure. Kodiak Hybrid flooring is highly resistant to chips, scratches, stains, and wear, but is still not “proof” in any respects (i.e., scratch proof). Slight colour variation from batch to batch may occur, minor gaps between the joins of each board might be caused by temperature change. Please note these minor gaps, batch colour variation, chips, scratches are not considered as major failure. Once floor has been installed, it is considered that the product has been accepted by the installer/contractor. Kodiak Hybrid Flooring is designed for use in internal environments including floors, walls, etc, and should not be used externally. Furthermore, Kodiak Hybrid flooring should not be directly adhered to a subfloor and must be installed as a floating floor. Kodiak Hybrid flooring must be installed in a “hybrid flooring friendly environment” in which the area is occupied and protected from direct heat and sunlight. If not protected, the product could expand and contract abnormally, sliding doors and/or windows therefore need to be covered by blinds or curtains. Heating and cooling systems must be in place and used to control the internal temperatures. Keep the environment temperature between 0°C-35°C. Kodiak Hybrid flooring can be installed in bathrooms and laundries, however, it must be separated from any adjoining floors. Seal the perimeter of the floor using a bathroom grade silicone. Kodiak Hybrid flooring can be installed over a hydronic heated subfloor. Please note that the slab surface temperature must not exceed 26 degrees Celsius at any time. Strictly follow Kodiak Hybrid Flooring Heated Subfloor Installation Instructions to avoid compromising this warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
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Related to Major Failure

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Major Default The Purchasers shall be considered to be in “Major Default” in the event that (a) the Purchasers are in breach of their obligations under the Agreement and (b) such breaches, individually or in the aggregate, resulted or would reasonably be expected to result in (i) material Losses to the Sellers or their Affiliates, (ii) material reputational harm to the Sellers or their Affiliates, (iii) material and adverse regulatory consequences to the Sellers or their Affiliates, for which, in each case of clauses (i) through (iii), indemnification by the Purchasers pursuant to Article 8 of the Agreement would not be sufficient to remedy all damages incurred by the Sellers and their Affiliates or (iv) if the Sellers reasonably determine, based on the advice of counsel, that it would reasonably be expected to be a violation of their fiduciary duties under applicable Law to not terminate the Agreement, taking into account the indemnification by the Purchasers pursuant to Article 8 of the Agreement; provided, that the following breaches shall be excluded, and not taken into account, in determining if a Major Default has occurred: (x) any breach to the extent resulting from any action taken by the Purchasers pursuant to and in accordance with written direction given by the Sellers and (y) any breach to the extent arising out of or resulting from, directly or indirectly, a breach by the Sellers of the Agreement, the Transition Services Agreement or the Purchase Agreement.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.