Common use of Equipment Warranties Clause in Contracts

Equipment Warranties. QESP represents and warrants that all Equipment installed as part of this SOW shall be new, materially free from defects in materials or workmanship, installed properly in a good and workmanlike manner, and shall function properly for a period of one (1) year from the date of the Notice of Substantial Completion of ESM if operated and maintained in accordance with the procedures established for the Project Site(s). After the warranty period, QESP shall have no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (QESP’s Maintenance Responsibilities). QESP shall cause all available manufacturers’ warranties relating to the Equipment to be issued in the name of and delivered to Department. No later than two (2) business days after the Department delivers the Notice of Substantial Completion of ESM to the QESP, the QESP shall deliver the warranties applicable to the subject Equipment to the Department, At the Department’s request, the QESP shall act as the Department’s agent and representative to pursue on the Department’s behalf any available rights and remedies which the Department may have against the manufacturers under the warranties. QESP shall, during the warranty period, notify the Department whenever defects in Equipment parts or performance occur which may give rise to such rights and remedies. During this period, if the QESP fails to notify the Department of Equipment defects or any warranty issues, QESP shall bear the full cost and expenses of any risk of damage or damage to the Equipment and its performance, including damage to property and Equipment of the Department or the Project Site(s). The warranties shall specify that only new, not reconditioned, parts may be used and installed when repair is necessitated by malfunction. Notwithstanding the above, nothing in this section shall be construed to alleviate/relieve the QESP from complying with its obligations to perform under all terms and conditions of this SOW and as set forth in all attached Schedules.

Equipment Warranties. QESP represents This warranty provision requires all installed equipment to be new and warrants protected by appropriate written manufacturer warranties for a minimum of one year, covering parts and performance. It also requires warranties to provide for the installation of only new parts (not used or reconditioned) be used if repair is required during the warranty period. While equipment warranties will be transferred to the Customer after completed project installation, this provision makes the ESCO responsible for pursuing any necessary remedies during the warranty period. If the ESCO fails to exercise the warranty and damages occur, the ESCO is responsible for all costs of repair and any lost savings. ESCO covenants and agrees that all Equipment equipment installed as part of this SOW Contract is new, in good and proper working condition and protected by appropriate written warranties covering all parts and equipment performance. ESCO further agrees to deliver to the Customer for inspection and approval, all such written warranties and which shall be new, materially free from defects in materials or workmanship, installed properly in a good attached and workmanlike manner, and shall function properly for a period of one set forth as Exhibit IV (1) year from the date of the Notice of Substantial Completion of ESM if operated and maintained in accordance with the procedures established for the Project Site(sEquipment Warranties). After the warranty period, QESP shall have no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (QESP’s Maintenance Responsibilities). QESP shall cause all available manufacturers’ warranties relating to the Equipment to be issued in the name of and delivered to Department. No later than two (2) business days after the Department delivers the Notice of Substantial Completion of ESM to the QESP, the QESP shall deliver the warranties applicable to the subject Equipment to the Department, At the Department’s request, the QESP shall act as the Department’s agent and representative ; to pursue on the Department’s behalf any available rights and remedies which the Department may have against the manufacturers manufacturer and ESCO of the equipment under the warranties. QESP shallwarranties in the event of equipment malfunction or improper or defective function, during the warranty periodand defects in parts, workmanship and performance, to notify the Department Customer whenever defects in Equipment equipment parts or performance occur which may give rise to such rights and remediesremedies and those rights and remedies are exercised by ESCO. During this period, if the QESP fails to notify the Department of Equipment defects or any warranty issues, QESP shall bear the full The cost and expenses of any risk of damage or damage to the Equipment equipment and its performance, including damage to property and Equipment equipment of the Department Customer or the Project Site(s)Premises, due to ESCO's failure to exercise its warranty rights shall be borne solely by ESCO. All warranties shall be transferable and extended to the Customer. The warranties shall specify that only new, and not reconditionedreconditioned parts, parts may be used and installed when the repair is necessitated by malfunction. All warranties required hereunder shall be in force for a minimum of one year from the commencement date as defined in Section 3.1 hereof. Notwithstanding the above, nothing in this section Section shall be construed to alleviate/relieve the QESP ESCO from complying with its obligations to perform under all terms and conditions of this SOW Contract and as set forth in all attached Schedules.

Equipment Warranties. QESP represents This warranty provision requires all installed equipment be new and protected by appropriate written manufacturers’ warranties for a minimum of one year, covering parts and performance. It also requires warranties provide for the installation of only new parts (not used or reconditioned) during the warranty period. While equipment warranties will be transferred to the Agency after completed project installation, this provision makes the Contractor responsible for pursuing any necessary remedies during the warranty period. If the Contractor fails to exercise the warranty and damages occur, the Contractor is responsible for all costs of repair and any lost savings. Contractor warrants that all Equipment equipment sold and installed as part of this SOW shall be Contract is new, will be materially free from defects in materials or workmanship, will be installed properly in a good and workmanlike manner, and shall will function properly for a period of at least one (1) year from the date of the Notice of Substantial Completion of ESM for the particular energy conservation measure, if operated and maintained in accordance with the procedures established for per building. Substantial Completion does not occur until the Project Site(s)Equipment or system has been commissioned, accepted, and Exhibit V (Notice of Substantial Completion) is fully executed. After the warranty period, QESP Contractor shall have no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (QESPContractor’s Maintenance Responsibilities). QESP shall cause Contractor further agrees to assign to Agency all available manufacturers’ manufacturer’s warranties relating to the Equipment and to deliver such written warranties and which shall be issued in the name of attached and delivered to Department. No later than two set forth as Exhibit VII (2) business days after the Department delivers the Notice of Substantial Completion of ESM to the QESP, the QESP shall deliver the warranties applicable to the subject Equipment to the Department, At the Department’s request, the QESP shall act as the Department’s agent and representative to Warranties); pursue on the Department’s behalf any available rights and remedies which the Department may have against the manufacturers under the warrantieswarranties in the event of Equipment malfunction or improper or defective function, and defects in parts, workmanship and performance. QESP Contractor shall, during the warranty period, notify the Department Agency whenever defects in Equipment parts or performance occur occur, which may give rise to such rights and remediesremedies and those rights and remedies are exercised by Contractor. During this period, if the QESP fails to notify the Department of Equipment defects or any warranty issues, QESP shall bear the full cost and expenses of any risk of damage or damage to the Equipment and its performance, including damage to property and Equipment equipment of the Department Agency or the Project Site(s), due to Contractor’s failure to exercise its warranty rights, shall be borne solely by Contractor. All warranties, to the extent transferable, shall be transferable and extend to the Agency. The warranties shall specify that only new, not reconditioned, parts may be used and installed when repair is necessitated by malfunction. All extended warranties shall be addressed as the property of the owner and appropriately documented and titled. Notwithstanding the above, nothing in this section Section shall be construed to alleviate/relieve the QESP Contractor from complying with its obligations to perform under all terms and conditions of this SOW Contract and as set forth in all attached Schedules.

Equipment Warranties. QESP represents RES covenants and warrants agrees that all Equipment installed as part of this SOW shall be Agreement is new, materially free from defects in materials or workmanship, installed properly in a good and workmanlike manner, proper working condition and shall function properly for a period subject to manufacturer written warranties covering all parts and Equipment. Should any item of Equipment be found to be defective within one (1) year from the date Commencement Date, RES agrees to repair such item or, if necessary, furnish and install, without charge, similar items to replace it; provided, however, that the original item is returned to RES. All shipping and transportation costs involved in the repair or replacement of the Notice of Substantial Completion of ESM if operated and maintained in accordance with the procedures established for the Project Site(s)defective Equipment shall be paid by RES. After the warranty periodOn all systems installed pursuant to this Agreement, QESP RES shall have provide, at no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (QESP’s Maintenance Responsibilities). QESP shall cause all available manufacturers’ warranties relating to the Equipment to be issued in the name of and delivered to Department. No later than two (2) business days after the Department delivers the Notice of Substantial Completion of ESM to the QESP, the QESP shall deliver the warranties applicable to the subject Equipment to the Department, At the Department’s request, the QESP shall act as the Department’s agent and representative to pursue on the Department’s behalf any available rights and remedies which the Department may have against the manufacturers under the warranties. QESP shall, charge during the warranty period, any labor required to repair or replace defective Equipment or parts. Such labor shall include adjustment of controls, air balancing, and correction of mechanical difficulties if such adjustments are due to defective Equipment or improper installation. If the Equipment fails to fulfill the Energy Savings Guarantee, RES shall have the opportunity, at its cost, to make such changes as it deems necessary to fulfill such Energy Savings Guarantee; provided, however, RES shall obtain the Customer’s prior written approval before making any such changes. If a demonstration is required, RES shall be given a reasonable opportunity to test the Equipment under requisite conditions. The warranty provisions under these Sections 6.1 and 6.2 are in addition to and not in lieu of any warranties made by equipment, material or component manufacturers. After installation of all EEMs, RES shall deliver to the Customer all manufacturer warranty certificates, documents, operation and maintenance instructions and manuals, and similar documents. Nothing contained in these Sections 6.1 and 6.2 shall be construed to establish a period of limitation with respect to other obligations RES has under the Agreement. Establishment of the one-year period for correction of Work as described in Section 6.2 relates only to the specific obligation of RES to correct the Work, and has no relationship to the time within which the obligation to comply with the Agreement may be sought to be enforced, nor to the time within which proceedings may be commenced to establish RES’s liability with respect to its obligations other than specifically to correct the Work. It is understood and agreed that RES shall provide performance and payment bonds covering only the Work to be performed hereunder in the format requested by the Customer, in its discretion. The exact bond amount is $13,550,295.00. Such bonds shall not be construed to cover any manufacturer warranties or the Energy Savings Guarantee. The form for such bonds is attached hereto as Exhibit IV. RES further agrees to: (i) deliver to the Customer for inspection and approval, all such written warranties, which shall be attached and set forth in Schedule J, (ii) to pursue rights and remedies against the manufacturer of the Equipment under the warranties in the event of Equipment malfunction or improper or defective function, and defects in parts, workmanship and performance, and (iii) to notify the Department Customer whenever defects in Equipment parts or performance occur which may give rise to such rights and remedies. During this period, if the QESP fails to notify the Department of Equipment defects or any warranty issues, QESP All warranties shall bear the full cost be transferable and expenses of any risk of damage or damage extend to the Equipment and its performance, including damage to property and Equipment of the Department or the Project Site(s)Customer. The warranties shall specify that only new, and not reconditionedreconditioned parts, parts may be used and installed when repair is necessitated by malfunction. Notwithstanding the above, nothing in this section All warranties required hereunder shall be construed to alleviate/relieve in force for a minimum of one (1) year from the QESP from complying with its obligations to perform under all terms and conditions of this SOW and Commencement Date as set forth defined in all attached SchedulesSection 3.1 hereof.

Equipment Warranties. QESP represents Overview: This requires new equipment with minimum one-year warranties on parts and performance and requires new warranty replacement equipment with function for one year. Equipment warranties will be transferred to the Owner after project installation. The ESCO responsible for pursuing any necessary remedies during the warranty period. If the ESCO fails to exercise the warranty and damages occur, the ESCO is responsible for all costs of repair and any lost savings. The Owner handles maintenance after the warranty or first-year period. ESCO warrants that all Equipment equipment sold and installed as part of this SOW shall be Contract is new, will be materially free from defects in materials or workmanship, will be installed properly in a good and workmanlike manner, and shall will function properly for a period of one (1) year from the date of the Notice of Substantial Completion of ESM for the particular energy conservation measure if operated and maintained in accordance with the procedures established per building. Substantial Completion shall be defined as the stage in the progress of the Work where the Work is sufficiently complete in accordance with the Contract Documents so that the Owner can utilize and take beneficial use of the Work for its intended use or purpose. Substantial Completion does not occur until the Project Site(s)Equipment or system has been commissioned, accepted, and the “Substantial Completion” form fully executed. After the warranty period, QESP ESCO shall have no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (QESPESCO’s Maintenance Responsibilities). QESP shall cause ESCO further agrees to assign to Owner all available manufacturers’ manufacturer’s warranties relating to the Equipment and to deliver such written warranties and which shall be issued in the name of attached and delivered to Department. No later than two set forth as Exhibit IV (2) business days after the Department delivers the Notice of Substantial Completion of ESM to the QESP, the QESP shall deliver the warranties applicable to the subject Equipment to the Department, At the Department’s request, the QESP shall act as the Department’s agent and representative to Warranties); pursue on the Department’s behalf any available rights and remedies which the Department may have against the manufacturers under the warrantieswarranties in the event of Equipment malfunction or improper or defective function, and defects in parts, workmanship and performance. QESP ESCO shall, during the warranty period, notify the Department Owner whenever defects in Equipment parts or performance occur which may give rise to such rights and remediesremedies and those rights and remedies are exercised by ESCO. During this period, if the QESP fails to notify the Department of Equipment defects or any warranty issues, QESP shall bear the full cost and expenses of any risk of damage or damage to the Equipment and its performance, including damage to property and Equipment equipment of the Department Owner or the Project Site(s), due to ESCO’s failure to exercise its warranty rights shall be borne solely by ESCO. All warranties, to the extent transferable, shall be transferable and extend to the Owner. The warranties shall specify that only new, not reconditioned, parts may be used and installed when repair is necessitated by malfunction. All extended warranties shall be addressed as the property of the owner and appropriately documented and titled. Notwithstanding the above, nothing in this section Section shall be construed to alleviate/relieve the QESP ESCO from complying with its obligations to perform under all terms and conditions of this SOW Contract and as set forth in all attached Schedules.

Equipment Warranties. QESP represents Article 9: This warranty provision requires all installed equipment be new and protected by appropriate written manufacturers warranties for a minimum of one year, covering parts and performance. It also requires warranties provide for the installation of only new parts (not used or reconditioned) during the warranty period. While equipment warranties will be transferred to the Institution after completed project installation, this provision makes the ESCO responsible for pursuing any necessary remedies during the warranty period. If the ESCO fails to exercise the warranty and damages occur, the ESCO is responsible for all costs of repair and any lost savings. ESCO warrants that all Equipment equipment sold and installed as part of this SOW shall be Contract is new, will be materially free from defects in materials or workmanship, will be installed properly in a good and workmanlike manner, and shall will function properly for a period of one (1) year from the date of the Notice of Substantial Completion of ESM for the particular energy conservation measure if operated and maintained in accordance with the procedures established per building. Substantial Completion shall be defined as the stage in the progress of the Work where the Work is sufficiently complete in accordance with the Contract Documents so that the Institution can utilize and take beneficial use of the Work for its intended use or purpose. Substantial Completion does not occur until the Project Site(s)Equipment or system has been commissioned, accepted, and the “Substantial Completion” form fully executed. After the warranty period, QESP ESCO shall have no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (QESPESCO’s Maintenance Responsibilities). QESP shall cause XXXX further agrees to assign to Institution all available manufacturers’ manufacturer’s warranties relating to the Equipment and to deliver such written warranties and which shall be issued in the name of attached and delivered to Department. No later than two set forth as Exhibit IV (2) business days after the Department delivers the Notice of Substantial Completion of ESM to the QESP, the QESP shall deliver the warranties applicable to the subject Equipment to the Department, At the Department’s request, the QESP shall act as the Department’s agent and representative to Warranties); pursue on the Department’s behalf any available rights and remedies which the Department may have against the manufacturers under the warrantieswarranties in the event of Equipment malfunction or improper or defective function, and defects in parts, workmanship and performance. QESP ESCO shall, during the warranty period, notify the Department Institution whenever defects in Equipment parts or performance occur which may give rise to such rights and remediesremedies and those rights and remedies are exercised by ESCO. During this period, if the QESP fails to notify the Department of Equipment defects or any warranty issues, QESP shall bear the full cost and expenses of any risk of damage or damage to the Equipment and its performance, including damage to property and Equipment equipment of the Department Institution or the Project Site(s), due to ESCO’s failure to exercise its warranty rights shall be borne solely by ESCO. All warranties, to the extent transferable, shall be transferable and extend to the Institution. The warranties shall specify that only new, not reconditioned, parts may be used and installed when repair is necessitated by malfunction. All extended warranties shall be addressed as the property of the owner and appropriately documented and titled. Notwithstanding the above, nothing in this section Section shall be construed to alleviate/relieve the QESP ESCO from complying with its obligations to perform under all terms and conditions of this SOW Contract and as set forth in all attached Schedules.