Common use of Quality of Workmanship Clause in Contracts

Quality of Workmanship. All material and equipment furnished under this order shall be warranted by the Seller/Subcontractor against and to be free from defects in material and workmanship, design flaws. Seller/Subcontractor further agrees that all material and /or equipment will be of merchantable quality and comply with specifications of the Purchase Order/Subcontract. Seller/Subcontractor agrees to replace without charge to Hill or its subsidiaries, herein identified as Purchaser/Contractor, said material and equipment, or remedy any defects, latent or patent, not due to ordinary wear and tear, or due to improper use or Maintenance, which may develop within one year, such period to begin; (a) In cases involving material from date of acceptance (b) In cases involving operative equipment, from date such equipment is placed in operation, or within the warranty period set forth in applicable plans and specifications, whichever is longer. This warranty shall survive any inspection, delivery, acceptance or payment by Purchaser/Contractor of the materials or services. Seller/Subcontractor warrants that with respect to the materials furnished or services performed hereunder, or both of them that it has fully complied with the Fair Labor Standards Act, as amended, laws restraining use of convict labor, the Equal Employment Opportunity and Fair Employment Practice legislation and any regulations issued under the foregoing, and all other applicable federal, state and local laws, rules, regulations and executive orders. The materials and equipment covered by this order, whether in a deliverable state or otherwise, shall remain the property of the Seller/Subcontractor until delivered to a designated site and actually received and receipt executed by Purchaser/Contractor. Any damage to the material and equipment or loss of any kind occasioned in transit shall be borne by the Seller/Subcontractor, notwithstanding the manner in which the goods are shipped or who pays the freight or other transportation costs. Purchaser/Contractor shall notify the Seller/Subcontractor as soon as is reasonable and practicable of any damage to material or equipment of any loss caused in transit. Seller/Subcontractor shall not release any materials or equipment for fabrication or delivery without written consent from Purchaser/Contractor. Costs associated with an unauthorized release of materials or equipment is the sole responsibility of Seller/Subcontractor. Such costs include but are not limited to, additional handling, storage, cartage, crane rental shipping charges and insurance. Purchaser/Contractor assumes no obligation for equipment or materials shipped in excess of this Purchase Order/Subcontract. Purchaser/Contractor reserves the right to change delivery specifications in accordance with its requirements as schedules or requirements may dictate. Providing Purchaser/Contractor provides reasonable notice to Seller/Subcontractor, Seller/Subcontractor will bear all costs associated with changed delivery specification within a 30 mile radius from the originally designated delivery site, including overtime any delay costs. Purchaser/Contractor will bear any extraordinary cost associated with a change in delivery specifications such as crane costs and labor for off‐loading.

Quality of Workmanship. All material and equipment furnished under this order shall be warranted by the Seller/Subcontractor against and to be free from defects in material and workmanship, design flaws. Seller/Subcontractor further agrees that all material and /or equipment will be of merchantable quality and comply with specifications of the Purchase Order/Subcontract. Seller/Subcontractor agrees to replace without charge to Hill or Aeroor its subsidiaries, herein identified as Purchaser/Contractor, said material and equipment, or remedy any defects, latent or patent, not due to ordinary wear and tear, or due to improper use or Maintenance, which may develop within one year, such period to begin; (a) In cases involving material from date of acceptance (b) In cases involving operative equipment, from date such equipment is placed in operation, or within the warranty period set forth in applicable plans and specifications, whichever is longer. This warranty shall survive any inspection, delivery, acceptance or payment by Purchaser/Contractor of the materials or services. Seller/Subcontractor warrants that with respect to the materials furnished or services performed hereunder, or both of them that it has fully complied with the Fair Labor Standards Act, as amended, laws restraining use of convict labor, the Equal Employment Opportunity and Fair Employment Practice legislation and any regulations issued under the foregoing, and all other applicable federal, state and local laws, rules, regulations and executive orders. The materials and equipment covered by this order, whether in a deliverable state or otherwise, shall remain the property of the Seller/Subcontractor until delivered to a designated site and actually received and receipt executed by Purchaser/Contractor. Any damage to the material and equipment or loss of any kind occasioned in transit shall be borne by the Seller/Subcontractor, notwithstanding the manner in which the goods are shipped or who pays the freight or other transportation costs. Purchaser/Contractor shall notify the Seller/Subcontractor as soon as is reasonable and practicable of any damage to material or equipment of any loss caused in transit. Seller/Subcontractor shall not release any materials or equipment for fabrication or delivery without written consent from Purchaser/Contractor. Costs associated with an unauthorized release of materials or equipment is the sole responsibility of Seller/Subcontractor. Such costs include but are not limited to, additional handling, storage, cartage, crane rental shipping charges and insurance. Purchaser/Contractor assumes no obligation for equipment or materials shipped in excess of this Purchase Order/Subcontract. Purchaser/Contractor reserves the right to change delivery specifications in accordance with its requirements as schedules or requirements may dictate. Providing Purchaser/Contractor provides reasonable notice to Seller/Subcontractor, Seller/Subcontractor will bear all costs associated with changed delivery specification within a 30 mile radius from the originally designated delivery site, including overtime any delay costs. Purchaser/Contractor will bear any extraordinary cost associated with a change in delivery specifications such as crane costs and labor for off‐loading.

Quality of Workmanship. All material The rates agreed by the Contractor are for finished work as per drawing and equipment furnished under this order specifications. Poor quality work will be rejected by the Architect and /or Client and payments for such rejected work will not be made till the same is rectified by the Contractor. In the event of any defect arising during the defect arising during the defects liability period of 6 months, the same will be rectified by the Contractor at his own risk and cost. In default of the Contractor carrying out such rectification, the Client shall be warranted by entitled to carry out such rectification and adjust the Seller/Subcontractor against same from the retention money. The Contractor shall afford the Client’s supervisors every facility and assistance for examining the work and material for checking and measuring the works and materials. The supervisions shall have no power to be free from defects in material and workmanship, design flaws. Seller/Subcontractor further agrees that all material and /or equipment will be of merchantable quality and comply with specifications revoke alter enlarge or relax any requirement of the Purchase Order/Subcontract. Seller/Subcontractor agrees to replace without charge to Hill or its subsidiaries, herein identified as PurchaserInterior Designer/Contractor, said but may sanction any day work, additions, deviations or omissions, or any extra work whatever, as may be authorized by the Architect and Client. The supervisors will act as representatives of the Architect/Client and shall have power to give notice to the Contractor or to his Xxxxxxx of non-approval of any work or material and equipment, such work shall be suspended or remedy any defects, latent or patent, not due to ordinary wear and tear, or due to improper the use or Maintenance, which may develop within one year, of such period to begin; (a) In cases involving material from date of acceptance (b) In cases involving operative equipment, from date such equipment is placed in operation, or within shall be discontinued until the warranty period set forth in applicable plans and specifications, whichever is longer. This warranty shall survive any inspection, delivery, acceptance or payment by Purchaser/Contractor decision of the Architect/Client is obtained. The Work shall be conducted under the general direction of the Architect/Client and subject to Inspection by his supervisors to ensure strict compliance with the terms of the Contact. No failure of the Architect or his supervisors/Client during the progress of the work to discover or to reject materials or services. Seller/Subcontractor warrants that with respect to the materials furnished or services performed hereunder, or both of them that it has fully complied with the Fair Labor Standards Act, as amended, laws restraining use of convict labor, the Equal Employment Opportunity and Fair Employment Practice legislation and any regulations issued under the foregoing, and all other applicable federal, state and local laws, rules, regulations and executive orders. The materials and equipment covered by this order, whether in a deliverable state or otherwise, shall remain the property of the Seller/Subcontractor until delivered to a designated site and actually received and receipt executed by Purchaser/Contractor. Any damage to the material and equipment or loss of any kind occasioned in transit shall be borne by the Seller/Subcontractor, notwithstanding the manner in which the goods are shipped or who pays the freight or other transportation costs. Purchaser/Contractor shall notify the Seller/Subcontractor as soon as is reasonable and practicable of any damage to material or equipment of any loss caused in transit. Seller/Subcontractor shall work not release any materials or equipment for fabrication or delivery without written consent from Purchaser/Contractor. Costs associated with an unauthorized release of materials or equipment is the sole responsibility of Seller/Subcontractor. Such costs include but are not limited to, additional handling, storage, cartage, crane rental shipping charges and insurance. Purchaser/Contractor assumes no obligation for equipment or materials shipped in excess of this Purchase Order/Subcontract. Purchaser/Contractor reserves the right to change delivery specifications in accordance with its the requirement of this Contract shall be deemed as acceptance thereof or a waiver of defects therein and no payment by the Architect or partial or entire occupancy of the premises shall be construed to be an acceptance of work or materials which are not strictly in accordance with the requirements of this Contract. No changes whatsoever to any provision of the specification shall be made without written authorization of the Client/Architect. The Contractor shall execute the whole and every part of the work in the most substantial and xxxxxxx like manner as schedules regards material and in all other respects. If it shall appear to the Architect/Client that any work has been executed with unsound, imperfect or requirements may dictate. Providing Purchaser/unskilled workmanship or that any material or articles provided by the Contractor provides reasonable notice for execution of the work are unsound, or of a quality inferior to Seller/Subcontractorthat contracted for or otherwise not in accordance with the Contract, Seller/Subcontractor will bear all costs associated with changed delivery specification within a 30 mile radius the Contractor shall on demand on writing from the originally designated delivery siteArchitect/Client, including overtime notwithstanding that the said work may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct such work in whole or in part as the case may require or as the case may be, remove such materials or articles at his own proper charge and cost. In the event of his failing to do so within seven days of receipt of the Architect’s written notice thereof the Client/Architect shall be entitled to rectify or remove and re construct such Work at the risk and expense of eh Contractor in all respects. In the event of the Contractor failing to do so within the period specified by the Architect/Client, then the Contractor shall be liable to pay compensation to the Client at the rate of one percent of the Contract value for every day not exceeding ten days while his failing to do so shall continue. The provisional acceptance of sections of the Work shall not be construed so as to prevent the Architect from requiring replacement of defective work that may become apparent after the said provisional acceptance and shall not be construed in any delay costs. Purchaser/Contractor will bear way as the basis for a claim of extra compensation for any extraordinary cost associated with a change in delivery specifications such as crane costs and labor for off‐loadingcause whatsoever.