Defective Workmanship and Materials Sample Clauses
The Defective Workmanship and Materials clause establishes the contractor's responsibility to ensure that all work performed and materials supplied meet specified quality standards. In practice, this clause typically requires the contractor to repair, replace, or correct any work or materials found to be defective within a certain period after completion, often at their own expense. Its core function is to protect the client by ensuring that any substandard work or materials are promptly addressed, thereby maintaining the integrity and safety of the finished project.
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Defective Workmanship and Materials. (a) The acceptance of any workmanship, materials, or equipment by the Owner or Engineer shall not preclude the subsequent rejection thereof if such workmanship, materials or equipment shall be found to be defective after delivery or installation, and any such workmanship, materials or equipment found defective before final acceptance of the construction shall be remedied or replaced, as the case may be, by and at the expense of the Contractor. Any condemned material or equipment shall be immediately removed from the site of the Project by the Contractor at the Contractor's expense. The Contractor shall not be entitled to any payment hereunder so long as any defective workmanship, materials or equipment in respect to the Project, of which the Contractor shall have had notice, shall not have been remedied or replaced, as the case may be.
(b) Notwithstanding any certificate which may have been given by the Owner or Engineer, if any workmanship, material, or equipment which does not comply with the requirements of this Contract shall be discovered within one (1) year after completion of construction of the Project or Section, the Contractor shall remedy any such defective workmanship or replace such defective materials or equipment within thirty (30) days after notice in writing of the existence thereof shall have been given by the Owner. In the event of failure by the Contractor to do so, the Owner may remedy such defective workmanship or replace such defective materials or equipment, as the case may be, and in such event the Contractor shall pay to the Owner the cost and expense thereof. Except as otherwise agreed to by the Owner, corrective work shall be performed by the Contractor without interruption to or interference with existing telephone service, if any.
Article III - PAYMENTS AND RELEASE OF LIENS
Defective Workmanship and Materials. (a) The acceptance of any workmanship, materials, or equipment by the Owner or Engineer shall not preclude the subsequent rejection thereof if such workmanship, materials or equipment shall be found to be defective after delivery or installation, and any such workmanship, materials or equipment found defective before final acceptance of the construction shall be remedied or replaced, as the case may be, by and at the expense of the Contractor. Any condemned material or equipment shall be immediately removed from the site of the Project by the Contractor at the Contractor's expense. The Contractor shall not be entitled to any payment hereunder so long as any defective workmanship, materials or equipment in respect to the Project, of which the Contractor shall have had notice, shall not have been remedied or replaced, as the case may be.
(b) Notwithstanding any certificate which may have been given by the Owner or Engineer, if any workmanship, material, or equipment which does not comply with the requirements of this Contract shall be discovered within one (1) year after completion of construction of the Project or Section, the Contractor shall remedy any such defective workmanship or replace such defective materials or equipment within thirty
Defective Workmanship and Materials. (a) The acceptance of any workmanship, materials, or equipment by the Owner or Engineer shall not preclude the subsequent rejection thereof if such workmanship, materials or equipment shall be found to be defective after delivery or installation. Any workmanship, materials or equipment found to be defective before final acceptance of the construction shall be remedied or replaced as needed by and at the expense of the Contractor. Any condemned material or equipment shall be immediately removed from the site of the Project by the Contractor at the Contractor's expense.
(b) Notwithstanding the issuance of a certificate by the Owner or Engineer, in the event it is discovered within one (1) year after completion of the Project that there is workmanship, material, or equipment that does not comply with the requirements of this Contract, the Contractor shall remedy any such defective workmanship or replace such defective materials or equipment within thirty (30) days after issuance of written Notice of Defect by the Owner. In addition to the above, cable shall have a minimum ten (10) year manufacturer’s warranty. In the event of failure by the Contractor to do so, the Owner may remedy the defective workmanship or replace the defective materials or equipment, and the Contractor shall reimburse the Owner for all costs associated with remedying the defect. Except as otherwise agreed to by the Owner, corrective work shall be performed by the Contractor without interruption to or interference with any existing telecommunications service.
Defective Workmanship and Materials. 13.3.1 The Supplier warrants, undertakes and guarantees for a period commencing on the last date of Provisional Acceptance in accordance with the requirements of this Contract and ending on the date which is:
13.3.1.1 twenty four (24) months after the date EPC Works Completion is achieved; or
13.3.1.2 thirty six (36) months after the last date of Provisional Acceptance under this Contract, whichever is the earliest to occur (the "Warranty Period"), that all Goods furnished under this Contract will be free from Defects.
13.3.2 If the Contracting Entity notifies the Supplier in writing of any Defect in the Goods discovered during the Warranty Period, subject to clause 13.3.5, the Supplier shall remedy the Defect at the Supplier's expense by repair or replacement. Such repair or replacement shall be conducted at times acceptable to the Contracting Entity. The Supplier shall not remove any Goods from the Site for the purposes of complying with this clause 13.3.2, unless such repair or replacement cannot be undertaken without removing such Goods or part thereof and with the prior written consent of the Contracting Entity.
13.3.3 For Defects rectified after Provisional Acceptance pursuant to clause 13.3.2 and in accordance with the requirements of this Contract, the Warranty Period in respect of such repaired or replaced Goods shall be extended upon the date of remedy for a further period of twelve (12) months (the "Extended Warranty Period").
13.3.4 Where the Supplier fails to repair or replace such Defect within a reasonable time following written notice from the Contracting Entity, the Contracting Entity may correct such Defect, or engage another contractor to correct such Defect, and the Supplier shall be liable to the Contracting Entity for the cost (and any associated losses to the Contracting Entity) of doing so.
13.3.5 If and to the extent any Defect discovered during any Warranty Period (or any Extended Warranty Period) relates to Goods which have already been incorporated by the EPC Contractor into the EPC Works (or, following commissioning of the EPC Works, the operational Pipeline), the Supplier shall, if so required by the Contracting Entity, rectify such Defect by delivering to the Contracting Entity or, if so directed by the Contracting Entity, the EPC Contractor (or any other contractor engaged by the Contracting Entity for this purpose) replacement Goods (in place of the Goods affected by the Defect) for incorporation by the EPC Contractor (or o...