Contractor’s General Xxxxxxxx and Guarantee. Contractor warrants to Owner that all Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the required finish and workmanship. Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, and to accept a reduction in the Contract price for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute and is not waived by any inspection or observation by Owner, A/E or others, by making any progress payment or final payment, by the use or occupancy of the Work or any portion thereof by Owner, at any time, or by any repair or correction of such defect made by Owner.
Contractor’s General Xxxxxxxx and Guarantee. 10.21.1 Contractor warrants and guarantees to Owner, Architect, and Architect's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
10.21.1.1 Abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
10.21.1.2 Normal wear and tear under normal usage.
Contractor’s General Xxxxxxxx and Guarantee. A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER’s Consultants that all Work will be in accordance with the Contract Docu- ments and will not be defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or
2. normal wear and tear under normal usage.
B. CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR’s obligation to perform the Work in accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or pay- ment by OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER;
4. use or occupancy of the Work or any part thereof by OWNER;
5. any acceptance by OWNER or any failure to do so;
6. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER;
7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER.
Contractor’s General Xxxxxxxx and Guarantee.
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee.
B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.
Contractor’s General Xxxxxxxx and Guarantee. Contractor warrants to the Owner that all Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the required finish and workmanship. The Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. The Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, and to accept a reduction in the Contract Sum for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, the Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute and is not waived by any inspection or observation by the Owner, A/E or others, by making any progress payment or Final Payment, by the use or occupancy of the Work or any portion thereof by the Owner, at any time, or by any repair or correction of such defect made by the Owner.
Contractor’s General Xxxxxxxx and Guarantee. A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article
Contractor’s General Xxxxxxxx and Guarantee. A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor’s warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents.
B. This Contractor’s warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor’s obligation to perform Work in accordance with the Contract Documents:
1. Observations by OPT;
2. Recommendation by OAR to pay or payment by Owner of progress or final payments;
3. The issuance of a Certificate of Substantial Completion;
4. Use or occupancy of part of the Work by Owner;
5. Review and approval of a Shop Drawing or Sample;
6. Inspections, tests, or approvals by others; or
Contractor’s General Xxxxxxxx and Guarantee. A. CONTRACTOR warrants and guarantees to OWNER, ARCHITECT, and ARCHITECT’s Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage caused by:
1. Abuse, modification, or improper maintenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or
2. Normal wear and tear under normal usage.
B. CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR’s obligation to perform the Work in accordance with the Contract Documents:
1. Observations by the Owner’s Representative or ARCHITECT;
2. Recommendation by the Owner’s Representative or ARCHITECT or payment by OWNER of any progress or final payment;
3. The issuance of a certificate of Substantial Completion by the Owner’s Representative and ARCHITECT or any payment related thereto by OWNER;
4. Use or occupancy of the Work or any part thereof by OWNER;
5. Any acceptance by OWNER or any failure to do so;
6. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ARCHITECT;
7. Any inspection, test, or approval by others; or
8. Any correction of defective Work by OWNER.
C. CONTRACTOR warrants that all equipment, machinery, appliances, computer hardware, and software, or devices supplied to OWNER are designed to be used prior to, during, and after the calendar Year <<>>, and that it will operate during such time period without error directly or indirectly relating to date data. Specifically, such equipment, machinery, appliances, or devices shall be capable of accurately accepting, displaying, recognizing, and/or processing date data (including, but not limited to, calculating, comparing, and sequencing (from, into, between centuries, and leap year calculations through Year <<2035>> and beyond. It also must operate properly without any interruption due to abnormal ending and/or invalid or incorrect results when processing date data. Upon request, CONTRACTOR shall furnish to OWNER the manufacturer’s certification or other appropriate documentation acceptable to OWNER to evidence compliance with the provisions of this Paragraph 6.19C. Regardless of any term o...
Contractor’s General Xxxxxxxx and Guarantee. Contractor warrants to Owner that all Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the required finish and workmanship. Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, and to accept a reduction in the Contract price for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, Contractor’s obligation to
Contractor’s General Xxxxxxxx and Guarantee. A. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights:
1. Observations and/or Daily Observation Reports by Engineer/RPR;
