Design Warranties Sample Clauses
A Design Warranties clause establishes the obligation of one party, typically the designer or contractor, to guarantee that their design work meets specified standards and requirements. This clause often covers aspects such as compliance with applicable laws, industry standards, and the intended purpose of the project, and may require the design to be free from defects for a certain period. Its core function is to allocate risk and provide assurance to the client that the design will be fit for its intended use, thereby protecting the client from potential losses due to design errors or omissions.
Design Warranties. 7.2.1 Without prejudice to the generality of the foregoing provisions of this Article 7, the Developer represents and warrants that all work performed by the Developer and Sub-Contractor shall be executed with due care and diligence, in conformity with the DPR and Specifications and the other terms of the the Agreement and free of defects and deficiencies, including that:
(a) The design and engineering of the Project shall satisfy the minimum requirements set forth in the DPR and Specifications, and shall be free of defects and deficiencies. Such engineering and design shall be such that the Project shall function properly in accordance with the terms of the Agreement and the Specifications and shall meet all design, engineering, safety, and operatability criteria as specified in the DPR and Specifications and the other terms of the Agreement;
(b) The fabrication, construction and installation of the Project shall be in accordance with the designs, drawings and DPR and Specifications (including the approved Detailed Design & Drawings) prepared in accordance herewith and approved by Authority/PMC, in accordance with the terms hereof, and all workmanship of the Developer and Sub-Contractors shall be in full conformity with the requirements of the Agreement and free of defects and deficiencies (including latent defects and deficiencies);
(c) All plant, equipment and materials shall be new and in full conformity with the Specifications and other requirements of the Agreement, shall be of specified quality and where quality is not specified then of suitable quality for the purposes and uses intended and shall be free of defects and deficiencies (including latent defects);
(d) The Mandatory Project shall be adequate, fit and sufficient for the purposes and uses intended and capable of operation in the manner contemplated hereby and as provided in the DPR and Specifications;
(e) Without prejudice to the generality of the foregoing, the entire Project shall designed, engineered, constructed, and otherwise implemented and developed so as to ensure that the Assets and the Project Utilities, meet the Design Life.
7.2.2 The Developer's obligation to design, engineer, procure and construct the Project correctly and in accordance with the Agreement and its warranties set forth above shall not be reduced or affected by Authority/PMC/ Nodal Officers approval or grant of NOC, in respect thereof, including for any designs, plans, phasing, drawings or specifications thereof.
Design Warranties. (a) If all or any part of the Works require the Contractor to assume design obligations then this clause 5.3 applies.
(b) The Contractor warrants to Viterra that:
i. the design for the Works is suitable, appropriate and adequate for its intended purpose (including, without limitation, having regard to the receival, storage and handling of food and food products at the Site); and
ii. it has examined and carefully checked any preliminary design included in any documents provided to the Contractor by Viterra and any such preliminary design is suitable, appropriate and adequate for its intended purpose.
Design Warranties. The Developer warrant that all design work relating to the Design Documents and the Works will: be completed in accordance with good industry standards, principles and practices using a high level of skill and care; be completed in accordance with the terms of this Agreement; and comply with all Laws and all Consents.
Design Warranties. The Non-Owner Participant warrants the following to Main Roads:
(a) it now has, and will continue to have for the Term, the resources and expertise required to perform its obligations under this Agreement including to undertake the design work in accordance with this Agreement;
(b) in undertaking the design work, it has exercised and will continue to exercise Best Practice;
(c) the Design Documentation:
(i) is suitable, appropriate and adequate to deliver Project Works that will:
(A) comply with the requirements of this Agreement; and
(B) be Fit for Purpose, having regard to the assumptions that the Non-Owner Participant can be reasonably expected to make in accordance with Best Practice;
(ii) has been properly coordinated, including having regard to interface and integration issues between the Project Works and the new Perth Stadium Project; and
(iii) complies with the requirements of the SWTC; and
(d) it has reviewed the SWTC so as to ensure that there are no material omissions, inconsistencies or errors as to the design, operational, architectural, engineering and technical specifications set out in the SWTC.