MATERIALS AND EQUIPMENT WARRANTY Sample Clauses

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.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
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.
Sample 1See All (5)
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 ...
Sample 1

Related to MATERIALS AND EQUIPMENT WARRANTY

  • Materials and Equipment ‌ Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance. Materials and Equipment shall be priced in accordance with the terms of the task order award, contract type, and applicable FAR and agency-specific regulatory supplements. Unless otherwise directed by task order terms and conditions, the Contractor may apply indirect costs to materials and equipment consistent with the Contractor’s usual accounting practices.

  • Quality of Materials and workmanship The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.

  • MATERIALS AND WORKMANSHIP (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. (b) Seller shall obtain Company approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by Company, Seller shall also obtain Company's approval of the material or articles which Seller contemplates incorporating into the work. When so directed, Seller shall submit samples for approval at Seller's expense. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) References in the specifications or drawings to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Seller may, with Company's written approval, use any equipment, material, article, or process that is equal to that specified, unless the words "No Substitution" follow the listing of the item in the specifications or drawings. Unless otherwise agreed, modifications due to use of “or equal” supplies, is at Seller’s expense. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. Company may require, in writing, Seller to remove from the work any employee Company deems incompetent, careless, or otherwise objectionable.

  • Equipment Warranty Sunrun warrants all equipment for the duration of the Initial Term. If parts fail during the term of this Agreement, Sunrun will use commercially reasonable efforts to replace them with like equipment; however, you acknowledge that due to parts availability and other factors, this may not be possible. Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in Section D.

  • Basic Equipment Warranty The Contractor warrants that all equipment rented or supplied under this Agreement shall be in good working order and shall conform to the needs specified by the Judicial Council. The Contractor shall immediately replace any inoperative equipment with operative equipment, or make all adjustments, repairs, and parts replacements required to maintain the equipment rented or supplied hereunder in working condition.

  • Materials and Supplies The cost of materials and supplies is allowable. Purchases should be charged at their actual prices after deducting all cash discounts, trade discounts, rebates, and allowances received. Withdrawals from general stores or stockrooms should be charged at cost under any recognized method of pricing, consistently applied. Incoming transportation charges are a proper part of materials and supply costs.

  • Materials and Improvements Title to materials, improvements, and other property required of PURCHASER by this contract shall vest in and become the property of STATE at the time such are furnished by PURCHASER and accepted by STATE. Only materials, improvements, and property free and clear of liens, claims, and encumbrances shall be furnished by PURCHASER. All existing improvements located on State land, and any improvements placed on State land by PURCHASER which become the property of STATE, shall be safeguarded by PURCHASER. If such improvements are injured, damaged, or removed from the areas of operations by PURCHASER or by contractors of PURCHASER, such improvements shall be repaired (or replaced, in the event of removal,) as soon as possible by PURCHASER, without cost to STATE.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government’s obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!