MATERIALS AND EQUIPMENT WARRANTY. The Contractor warrants to the Owner that all materials furnished under this Contract will be new unless otherwise specified and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials. This warranty is not limited by, but is in addition to the provisions of Article 15.00.
MATERIALS AND EQUIPMENT WARRANTY a. Materials and equipment to be installed as part of the Work (both or either of which are hereinafter referred to as “materials”) shall be as specified and approved by the Participant and used in accordance with the best construction practices.
b. The bidder(s) to whom a contract is awarded guarantees to the Participants all equipment, materials or workmanship for a period of one (1) year after inspection and acceptance and shall replace promptly any defective equipment, material or workmanship without additional cost to the Participants
c. The Participant may reject unsuitable work, notwithstanding that such work and materials may have previously been accepted for payment. If any part of the Work shall be found defective at any time before the final acceptance of the whole Work, the Contractor shall promptly correct such defect in a manner satisfactory to the Participant. If any material brought upon the site for use in the Work shall be deemed as not in conformity with the Contract Documents, the Contractor shall promptly remove such materials from the site.
MATERIALS AND EQUIPMENT WARRANTY. All materials and equipment incorporated into the Project under the Contract (but excluding the tools and construction equipment owned or rented by Contractor or its Subcontractors for the purposes of completing the installation of the Improvement Measures) shall be of good quality, new and free from defects unless otherwise expressly required or permitted by the Contract. Materials and equipment not conforming to these requirements shall be deemed to be “Non- Conforming Work.” Contractor will promptly re- perform any Non-Conforming Work for no charge, as long as MPS provides written notice to Contractor within one (1) year following Substantial Completion or such other period identified in Appendix B (such time period shall be the “Workmanship Warranty Period”). During the Workmanship Warranty Period only, MPS shall also have the benefit of any implied warranties relating to the Work, including without limitation warranties of merchantability and fitness for particular purpose. Contractor shall also assign and transfer to MPS the benefits of any end-user warranties relating to goods or equipment incorporated into the Work. The foregoing remedies with respect to the Work, together with any remedy provided by goods or equipment manufacturers, shall be MPS’ sole and exclusive remedies for warranty claims. These exclusive remedies shall not have failed of their essential purpose so long as Contractor transfers the benefits of any goods or equipment end- user warranty to MPS and remains willing to re- perform any Non-Conforming Work for no charge within the Workmanship Warranty Period. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS SECTION 6, NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE PROVIDED BY any Work that has been abused, altered, or misused, or repaired by MPS or third parties without the supervision or prior written approval of Contractor. Except (i) with respect to goods or equipment manufactured by Contractor and furnished to MPS hereunder, for which Contractor shall provide its express written manufacturer’s warranty, and (ii) during the Workmanship Warranty Period, Contractor shall not be considered a merchant or vendor of goods or equipment. Contractor shall store materials and equipment only in areas designated by MPS and shall reasonably remove, as construction of the Project progresses, any tools and construction equipment that are no longer reasonably required to ...
MATERIALS AND EQUIPMENT WARRANTY. Materials and equipment to be installed as part of the Work (both or either of which are hereinafter referred to as “materials”) shall be new, unused, of recent manufacture, assembled, and used in accordance with the best construction practices. The Contractor shall inform itself as to, and shall comply with, the provisions of M.G.L. c. 7, § 23A, as amended.
