Common use of ECM Warranties Clause in Contracts

ECM Warranties. The ESCO warrants that all ECMs designed, procured, fabricated and installed pursuant to this Agreement are new, in good and proper working condition and are of merchantable quality and fit for the particular purposes of enabling the University to reduce energy consumption and operating cost. The ESCO further warrants that the ECMs are protected by appropriate written warranties covering all parts and equipment performance for the periods specified in Schedule S. The ESCO shall deliver to the University for inspection and approval all such written warranties and shall pursue rights and remedies against the manufacturer and each prior seller of the ECMs under the warranties in the event of equipment malfunction, improper or defective function, or defects in parts, workmanship or performance. The ESCO shall be responsible for managing all warranty activity during the warranty periods set forth in Schedule S and shall notify the University whenever defects in equipment, parts or performance occur which give rise to such rights and remedies and those rights and remedies are exercised by the ESCO. The cost of any damage, loss or claims by any person arising out of the use or operation of the ECMs or damage to the ECMs and their performance, including damage to other property and equipment of the University or the Facility, due to the ESCO’s failure to exercise its warranty rights shall be borne solely by the ESCO. All warranties shall be transferable and extend to the University. The warranties shall specify that only new, and not reconditioned, parts may be used and installed when repair is necessitated by malfunction. The ESCO warrants that all workmanship, materials, and equipment used in conjunction with the ECMs shall be in conformance with the Project Documents and free from defects for the period, commencing with the date of the beneficial use of each ECM to the University and continuing for the period set forth in Schedule S.

ECM Warranties. The ESCO COMPANY warrants that all ECMs designed, procured, fabricated and installed pursuant to this Agreement are new, in good and proper working condition and are of merchantable quality and fit for the particular purposes of enabling the University INSTITUTION to reduce energy consumption and operating cost. The ESCO COMPANY further warrants that the ECMs are protected by appropriate written warranties covering all parts and equipment performance for the periods specified in Schedule S. R. The ESCO COMPANY shall deliver to the University INSTITUTION for inspection and approval all such written warranties and shall pursue rights and remedies against the manufacturer and each prior seller of the ECMs under the warranties in the event of equipment malfunction, improper or defective function, or defects in parts, workmanship or performance. The ESCO COMPANY shall be responsible for managing all warranty activity during the warranty periods set forth in Schedule S R and shall notify the University INSTITUTION whenever defects in equipment, parts or performance occur which give rise to such rights and remedies and those rights and remedies are exercised by the ESCOCOMPANY. The cost of any damage, loss or claims by any person arising out of the use or operation of the ECMs or damage to the ECMs and their performance, including damage to other property and equipment of the University INSTITUTION or the FacilityPremises, due to the ESCOCOMPANY’s failure to exercise its warranty rights shall be borne solely by the ESCOCOMPANY. All warranties shall be transferable and extend to the UniversityINSTITUTION. The warranties shall specify that only new, and not reconditioned, parts may be used and installed when repair is necessitated by malfunction. The ESCO COMPANY warrants that all workmanship, materials, and equipment used in conjunction with the ECMs shall will be in conformance with the Project Documents and free from defects for the period, commencing with the date of the beneficial use of each ECM to the University INSTITUTION and continuing for the period set forth in Schedule S.R.