Common use of Guarantees and Warranties Clause in Contracts

Guarantees and Warranties. 1. Design-Builder’s Guarantee SAMPLE a. Unless stated otherwise in the Technical Specifications, the Design-Builder guarantees all of the Work and each and every part thereof, including, by way of illustration and not limitation, all workmanship, materials, equipment, supplies, services, and facilities that are furnished, produced, fabricated, installed, constructed, or built pursuant to the Contract Documents for the respective periods of time called for by the respective requirements of the Contract Documents, and, if no period is specified, the Guarantee will be for a period of one (1) year, against defects which result from the use of defective or inferior materials, equipment, supplies, services, facilities or workmanship or from Work not in compliance with or not performed in accordance with the Drawings or specifications. The Design- Builder will provide this guarantee to the Commission in writing using Exhibit Q, which may not be revised. The guarantee period will run from and after the date of Substantial Completion of the Work, unless the Contract Documents specify a different date for the commencement of the running of the guarantee period. No part of the Work will be held to be accepted until Substantial Completion of the Work (except where other arrangements have been made under Section 12.04.3 “Use of Completed Portions of the Work” hereof). b. The Design-Builder agrees as part of this guarantee to repair or remove and replace as directed by the Commission and, at no cost to the Commission, all the Work, materials, equipment, supplies, services, and facilities which prove defective during the applicable guarantee period or which fail to conform to the Contract Documents. The Design-Builder agrees to repair, remove and replace, or pay for as directed by the Commission, at no cost to the Commission, all damaged portions of the Project and the contents and equipment thereof, resulting from or which are incidental to such defects or failure to conform to the Contract Documents. All repairs, removals and replacements must be commenced within 10 Days of written notice from the Commission, and sufficient labor and materials sufficient must be furnished to ensure prompt completion thereof. Should the Design-Builder fail to proceed in accordance with the above, the Commission, without further notice to the Design-Builder, may furnish all labor and material necessary for repairs, or removals and replacements, and the Design-Builder agrees to pay the Commission all such costs incurred.

Guarantees and Warranties. 1. Design-Builder’s Guarantee SAMPLEGuarantee a. Unless stated otherwise in the Technical Specifications, the Design-Builder guarantees all of the Work and each and every part thereof, including, by way of illustration and not limitation, all workmanship, materials, equipment, supplies, services, and facilities that are furnished, produced, fabricated, installed, constructed, or built pursuant to the Contract Documents for the respective periods of time called for by the respective requirements of the Contract Documents, and, if no period is specified, the Guarantee will be for a period of one (1) year, against defects which result from the use of defective or inferior materials, equipment, supplies, services, facilities or workmanship or from Work not in compliance with or not performed in accordance with the Drawings or specifications. The Design- Builder will provide this guarantee to the Commission in writing using Exhibit Q, which may not be revised. The guarantee period will run from and after the date of Substantial Completion of the Work, unless the Contract Documents specify a different date for the commencement of the running of the guarantee period. No part of the Work will be held to be accepted until Substantial Completion of the Work (except where other arrangements have been made under Section 12.04.3 “Use of Completed Portions of the Work” hereof). b. The Design-Builder agrees as part of this guarantee to repair or remove and replace as directed by the Commission and, at no cost to the Commission, all the Work, materials, equipment, supplies, services, and facilities which prove defective during the applicable guarantee period or which fail to conform to the Contract Documents. The Design-Builder agrees to repair, remove and replace, or pay for as directed by the Commission, at no cost to the Commission, all damaged portions of the Project and the contents and equipment thereof, resulting from or which are incidental to such defects or failure to conform to the Contract Documents. All repairs, removals and replacements must be commenced within 10 Days of written notice from the Commission, and sufficient labor and materials sufficient must be furnished to ensure prompt completion thereof. Should the Design-Builder fail to proceed in accordance with the above, the Commission, without further notice to the Design-Builder, may furnish all labor and material necessary for repairs, or removals and replacements, and the Design-Builder agrees to pay the Commission all such costs incurred.