DESIGN AND WORKMANSHIP. The Installation Contractor shall carry out and complete the Installation Works with due skill, care and diligence so as to comply with the provisions of this Agreement, the Programme, all applicable Laws, the Lender's Performance Standards, Prudent Practice, Industry Standards including in relation to the applicable standards and technical requirements for the Works as set out in the Statement of Work, with properly equipped facilities and non-hazardous materials, except as otherwise specified in this Agreement. The Installation Contractor is fully responsible for the design and engineering of the Balance of Plant. In relation to the design and engineering of the Balance of Plant, the Installation Contractor warrants and undertakes to the Project Company that: it shall meet the standards of a Reasonable and Prudent Operator; the various elements of the design and engineering of the Balance of Plant shall be properly coordinated and integrated with one another; the Balance of Plant shall be fit for the use and purpose for which the Installation Works is intended; and the Installation Contractor shall liaise with the Supplier and share with the Supplier all information, designs, technical specifications, drawings and data as may be necessary to ensure that: the Balance of Plant will coordinate and integrate with the PV System and Spare Parts; the Supplier can design and engineer the PV System and Spare Parts in order to coordinate and integrate with the Balance of Plant; and the Facility shall be fit for the use and purpose for which the Facility is intended.1 The Installation Contractor warrants that the Installation Works shall: comprise new plant and materials; not contain any materials which at the time of use in the Works do not conform with Industry Standards; conform to all the specifications set out in this Agreement (including the Statement of Work); and be free from Defects in material, workmanship and title. At the time title to the Balance of Plant or any part of the Balance of Plant passes to the Project Company pursuant to Clause 11 (Ownership and Title): the Project Company shall have good and marketable title to the Balance of Plant; no instrument or other document shall be required to be delivered to the Project Company in order to evidence such title; or if any such instrument or other document is so required, then the Installation Contractor shall have delivered such instrument or other document to the Project Company and no component par...
DESIGN AND WORKMANSHIP written waiver from the Subcontractor's employees or sub-consultants of any rights that they may have in respect of the same. The Subcontractor shall supply to the Contractor on request (after as well as before the termination of this Subcontract under these Conditions) copies of the Documents. Without prejudice to any implied warranties or conditions, the Subcontractor acknowledges warrants and agrees with the Contractor that: it has full responsibility for all aspects of the design and design development of the Subcontract Works which the Subcontractor is required to design (including any design for such parts contained in the Subcontract Order (whether or not prepared by or on behalf of the Employer and/or the Contractor), by any provision of this Subcontract; it is experienced in carrying out work of a similar type, nature and complexity to the Subcontract Works; it has and will execute the design of the Subcontract Works using all the reasonable skill, care and diligence reasonably to be expected of a skilled and competent architect, engineer or other appropriate professional designer holding itself out as competent to take on design work for work of a similar type, nature and complexity to the Subcontract Works; it will execute the design and construction of the Subcontract Works in accordance:
DESIGN AND WORKMANSHIP. 5.1 Without prejudice to any implied warranties or conditions, the Subcontractor acknowledges warrants and agrees with the Contractor that:
DESIGN AND WORKMANSHIP. This section excludes and does not cover the costs rendered necessary by defects of material, workmanship, design, plan or specification and should damage occur to any portion of the property insured containing any of the said defects the costs of replacement or rectification which is excluded is that cost which would have been incurred if replacement or rectification of the property insured had been put in hand immediately prior to the damage. For the purpose of this policy and not merely this exclusion the property insured shall not be regarded as damaged solely by virtue of the existence of any defect in design, plan, specification, materials or workmanship in the property insured or any part thereof.
DESIGN AND WORKMANSHIP. Buyer acknowledges that H&H is not responsible for the design of goods or services purchased and did not participate in any project design in connection with such goods or services. (a) Goods shall be fabricated in accordance with the contract drawings and specifications furnished by the Buyer and shop drawings approved by Buyer or its representative. (b) H&H shall not be responsible for the suitability, adequacy or legality of use of any designs, plans and specifications, and the Buyer shall indemnify H&H for any loss, damages and expenses incurred by or charged against H&H by reason of any alleged patent or copyright infringement, personal injury or property damage allegedly arising out of the use of designs, plans, and specifications furnished by Buyer for the goods. (c) Once shop drawings are approved by Xxxxx, Xxxxx shall reimburse H&H for all expenses resulting from changes thereto. Buyer shall compensate H&H for any and all extra work requested by Xxxxx and performed by H&H outside the limits of H&H’s proposal. If H&H and Buyer do not reach agreement as to compensation and any change to the project schedule resulting from such extra work, H&H shall not be responsible for the extra work.
