Common use of Materials and Workmanship Warranty Clause in Contracts

Materials and Workmanship Warranty. 18.1.1 The SUPPLIER shall fully warrant that the goods supplied under the PURCHASE ORDER are new, unused; The SUPPLIER shall further warrant that all goods supplied under this PURCHASE ORDER shall be of first class quality according to specifications, have no defect (patent or latent) arising from design, materials or workmanship or from any act of omission of the SUPPLIER that may develop under normal use of the supplied goods in the condition prevailing in the country of final destination. 18.1.2 This warranty shall be valid for 42 months from date of dispatch or 36 months from date of commissioning of equipment supplied whichever is earlier. Should any defects be noticed in the design, materials and/or workmanship within 42 months from the date of dispatch/shipment of last consignment or 36 months from the date of commissioning of plant, whichever is earlier, OWNER shall inform SUPPLIER and SUPPLIER shall immediately on receipt of such intimation depute their personnel within 3 days to investigate the causes of defect and arrange rectification/replacement/modification of the defective equipment at site without any cost to OWNER within a reasonable period. OWNER shall be free to take such corrective action as may be deemed necessary at SUPPLIER's risk and cost, after giving notice to the SUPPLIER. The OWNER shall notify the SUPPLIER in writing of any claim arising under this warranty. 18.1.3 Damage to the machinery and/or equipment deriving from incomplete and erroneous instructions issued by SUPPLIER will be considered SUPPLIER's fault and will be treated according to the provisions of this warranty clause. 18.1.4 In case defects are of such nature that equipment shall have to be taken to SUPPLIER's works for rectification etc. SUPPLIER shall take the equipment at his cost after giving necessary undertaking or security as may be required by the OWNER shall, if so required by the SUPPLIER, despatch the equipment by quickest mode on freight to pay basis to the SUPPLIER's works. After repairs SUPPLIER shall deliver the equipment at site on freight paid basis. All risks in transit to and fro shall be borne by the SUPPLIER. GENERAL CONDITIONS OF PURCHASE Attachment-II 18.1.5 Equipment or part thereof so repaired or replaced shall have further warranty for a period of 36 months from the date of acceptance and the bank guarantee for performance shall be suitably extended.

Materials and Workmanship Warranty. 18.1.1 The SUPPLIER shall fully warrant that the goods supplied under the PURCHASE ORDER are new, unused; The SUPPLIER shall further warrant that all goods supplied under this PURCHASE ORDER shall be of first class quality according to specifications, have no defect (patent or latent) arising from design, materials or workmanship or from any act of omission of the SUPPLIER that may develop under normal use of the supplied goods in the condition prevailing in the country of final destination. 18.1.2 This warranty shall be valid for 42 18 months from date of dispatch receipt or 36 12 months from date of commissioning of equipment supplied whichever is earlier. Should any defects be noticed in the design, materials and/or workmanship within 42 18 months from the date of dispatch/shipment of last consignment receipt or 36 12 months from the date of commissioning of plant, whichever is earlier, OWNER shall inform SUPPLIER and SUPPLIER shall immediately on receipt of such intimation depute their personnel within 3 days to investigate the causes of defect and arrange rectification/replacement/modification of the defective equipment at site without any cost to OWNER within a reasonable period. OWNER shall be free to take such corrective action as may be deemed necessary at SUPPLIER's risk and cost, after giving notice to the SUPPLIER. The OWNER shall notify the SUPPLIER in writing of any claim arising under this warranty. 18.1.3 Damage to the machinery and/or equipment deriving from incomplete and erroneous instructions issued by SUPPLIER will be considered SUPPLIER's fault and will be treated according to the provisions of this warranty clause. 18.1.4 In case defects are of such nature that equipment shall have to be taken to SUPPLIER's works for rectification etc. SUPPLIER shall take the equipment at his cost after giving necessary undertaking or security as may be required by the OWNER shall, if so required by the SUPPLIER, despatch the equipment by quickest mode on freight to pay basis to the SUPPLIER's works. After repairs SUPPLIER shall deliver the equipment at site on freight paid basis. All risks in transit to and fro shall be borne by the SUPPLIER. GENERAL CONDITIONS OF PURCHASE Attachment-II . 18.1.5 Equipment or part thereof so repaired or replaced shall have further warranty for a period of 36 12 months from the date of acceptance and the bank guarantee for performance shall be suitably extended. 18.1.6 If the repairs, replacements or modifications referred to be of such nature as may affect the efficiency of the equipment, OWNER shall have the right to give to the SUPPLIER within one month of such replacement/renewal, notice in writing to carryout tests as may be required for acceptance of the equipment. 18.1.7 If the SUPPLIER fails to meet his obligation to repair or replace defective goods within a reasonable period of time, if SUPPLIER refuses to carry out work under the guarantee clause and implied guarantee conditions, if danger is anticipated or in case of severe urgency. OWNER shall be entitled to carry out at SUPPLIER's cost and risk, repair work or replacement deliveries or have it done by a third party. In case not all goods have been delivered by SUPPLIER, OWNER is entitled to procure the remaining goods at SUPPLIER's cost and risk. This does not relieve SUPPLIER of any of his guarantee, obligations. Taxes and duties of any kind whatsoever imposed by the authorities of the country of SUPPLIER or his sub-CONTRACTOR until completion shall be borne by SUPPLIER.

Materials and Workmanship Warranty. 18.1.1 The SUPPLIER 28.1 Beginning upon Final Acceptance and for a period of one year thereafter, or for such period as may be specified elsewhere in the Contract, Contractor warrants that (a) it will perform the Work in accordance with the accepted standards of care and competence found in the applicable profession as such standards relate to and are commonly used in the electric utility industry and (b) all Contractor furnished materials and workmanship shall fully warrant be free of any and all defects and shall be in conformity with the requirements of the Contract. 28.2 Subject to the provisions of Section 28.3, in the event that the goods supplied under material or workmanship does not comply with the PURCHASE ORDER are newwarranty, unused; The SUPPLIER shall further warrant that all goods supplied under this PURCHASE ORDER Contractor shall, at no cost to Owner, promptly repair or replace such nonconforming material or workmanship with as little disruption to Owner's operations as practicable. Contractor shall be responsible for the total cost of first class quality according correcting any defects, including but not limited to, the costs of materials, labor, any necessary equipment removal, disassembly, shipping, reinstallation and retesting of the installation. Owner shall give Contractor notice of observed defects with reasonable promptness. If nonconforming material or workmanship causes an outage or other delay of operations, Contractor shall make the repair or replacement on an overtime, maximum effort basis, at Contractor’s expense. 28.3 If Owner directs Contractor to specificationsrepair or replace any defect and Contractor fails to do so within a reasonable time, have no defect (patent or latent) arising if an emergency exists rendering it impracticable for Contractor to perform the repair or replacement, Owner may make or cause to be made such repair or replacement without affecting the validity of the warranty. Owner's cost for making the repair or replacement shall be deducted from designthe Contract Price or any unpaid portion thereof. If the unpaid portion of the Contract Price is insufficient to cover such cost, Contractor shall reimburse Owner. 28.4 Owner will not pay for any defective portion of the materials or workmanship until remedied by Contractor at Contractor's expense in accordance with the Contract requirements. 28.5 Owner must approve any proposed correction or from any act of omission alteration by Contractor of the SUPPLIER that may develop under normal use materials or workmanship, or parts thereof, made at any time or at any location, before such correction or alteration is undertaken. Approval by Owner shall not relieve Contractor from responsibility for complying with the requirements of the supplied goods in the condition prevailing in the country of final destinationContract and all applicable codes. 18.1.2 This warranty 28.6 Any materials or workmanship which are repaired or replaced pursuant to this Article 28.0 shall be valid warranted for 42 months from date a period of dispatch or 36 months from date of commissioning of equipment supplied whichever is earlier. Should any defects be noticed in the design, materials and/or workmanship within 42 months one year from the date of dispatch/shipment completion and acceptance of last consignment such repair or 36 months from replacement, or for the date remainder of commissioning of plantthe original warranty period, whichever is earlierlonger. 28.7 Contractor shall obtain, OWNER shall inform SUPPLIER for the benefit of Owner, all available warranties from Subcontractors, vendors and SUPPLIER shall immediately on receipt suppliers of such intimation depute their personnel within 3 days to investigate the causes of defect and arrange rectification/replacement/modification of the defective equipment at site without any cost to OWNER within a reasonable periodContractor. OWNER Such warranties shall be free to take such corrective action as may be deemed necessary at SUPPLIER's risk and cost, after giving notice in addition to the SUPPLIERwarranties set forth in this Article. The OWNER If such warranties are in written form, Contractor shall notify provide Owner with the SUPPLIER in writing of any claim arising under this warrantyoriginal warranties. 18.1.3 Damage to the machinery and/or equipment deriving from incomplete and erroneous instructions issued by SUPPLIER will be considered SUPPLIER's fault and will be treated according to the provisions of this warranty clause. 18.1.4 In case defects are of such nature that equipment shall have to be taken to SUPPLIER's works for rectification etc. SUPPLIER shall take the equipment at his cost after giving necessary undertaking or security as may be required by the OWNER shall, if so required by the SUPPLIER, despatch the equipment by quickest mode on freight to pay basis to the SUPPLIER's works. After repairs SUPPLIER shall deliver the equipment at site on freight paid basis. All risks in transit to and fro shall be borne by the SUPPLIER. GENERAL CONDITIONS OF PURCHASE Attachment-II 18.1.5 Equipment or part thereof so repaired or replaced shall have further warranty for a period of 36 months from the date of acceptance and the bank guarantee for performance shall be suitably extended.

Materials and Workmanship Warranty. 18.1.1 The SUPPLIER Contractor shall fully warrant that the goods Goods supplied under the PURCHASE ORDER Contract are new, unused; of the most recent or current models and i ncorporate all recent improvements in design and m aterials unless provided otherwise in the Contract. The SUPPLIER Contractor shall further warrant that all goods Goods supplied under this PURCHASE ORDER Contract shall be of first class quality according to specificationsSpecifications, have no defect (patent or latent) arising from design, materials or workmanship or from any act of omission of the SUPPLIER Contractor that may develop under normal use of the supplied goods Goods in the condition prevailing in the country of final destination. 18.1.2 This warranty shall be valid v alid for 42 24 m onths from Mechanical Completion or 12 months from date of dispatch or 36 months from date of commissioning of equipment supplied final acceptance whichever is earlier. Should any defects be noticed in the design, materials and/or workmanship within 42 24 m onths from the date of Mechanical Completion or 12 months from the date of dispatch/shipment of last consignment or 36 months from the date of commissioning final acceptance of plant, whichever is earlier, OWNER Owner shall inform SUPPLIER Contractor and SUPPLIER Contractor shall immediately on receipt of such intimation depute their personnel within 3 7 days to investigate the causes of defect and arrange rectification/replacement/ar range rectification/ replacement/ modification of the defective equipment Equipment at site Site without any cost to OWNER Owner within a reasonable period. OWNER Owner shall be free to take such corrective action as may be deemed necessary at SUPPLIER's Contractor’s risk and cost, after giving notice to the SUPPLIERContractor. The OWNER Owner shall promptly notify the SUPPLIER Contractor in writing of any claim arising under this warranty. 18.1.3 Damage to the machinery and/or equipment Equipment deriving from incomplete and erroneous instructions issued by SUPPLIER Contractor will be considered SUPPLIER's Contractor‘s fault and will be treated according to the provisions of this warranty clause. 18.1.4 In case defects are of such nature that equipment Equipment shall have to be taken to SUPPLIERContractor's works for rectification etc. SUPPLIER ., the Contractor shall take the equipment Equipment at his cost after giving necessary nec xxxxxx undertaking or security as may be required by the OWNER Owner. Owner shall, if so required by the SUPPLIERContractor, despatch the equipment Equipment by quickest mode on freight f reight to pay basis to the SUPPLIERContractor 's works. After repairs SUPPLIER GENERAL CONDITIONS OF CONTRACT PC65/E-001/P-1/ A02 P Contractor shall deliver the equipment Equipment at site Site on freight f reight paid basis. All risks in transit to and fro shall be borne by the SUPPLIER. GENERAL CONDITIONS OF PURCHASE Attachment-II Contractor. 18.1.5 Equipment or part thereof so repaired or replaced shall have further warranty for a period of 36 12 months from the date of acceptance and the bank guarantee for performance shall be suitably extended. 18.1.6 If the repairs, replacements or modifications referred to, are of such nature as may affect the efficiency of the Equipment, Owner/ shall have the right to give to the Contractor within one m onth of such replacement/renewal, notice in writing to carryout tests as may be required for acceptance of the Equipment. 18.1.7 If the Contractor fails to meet his obligation to repair or replace defective Goods within a reasonable period of time, if Contractor refuses to carry out work under the guarantee clause and implied guarantee conditions, if danger is anticipated or in case of severe urgency Owner shall be entitled to carry out at Contractor 's cost and risk, repair work or replacement deliveries or have it done by a third party. In case not all Goods have been delivered by Contractor, Owner is entitled to procure the remaining Goods at Contractor‘s cost and risk. T his does not relieve Contractor of any of his guarantee, obligations. T axes and dut ies of any kind, whatsoever imposed by the authorities of the country of Contractor or his Subcontractors until Completion shall be borne by Contractor. 18.1.8 Damages to EQUIPMENT deriving from incomplete, erroneous instructions issued by CONTRACTOR will be c onsidered CONTRACTOR’s fault and will be treated according to the provision of warranty clause.