Warranties and Completion Sample Clauses

Warranties and Completion. In addition to the warranty set forth in Section 20, General Terms and Conditions: 1) The Design-Build Firm shall secure required certificates of inspection, testing, or approval and deliver them to the County. 2) The Design-Build Firm shall collect all written warranties and equipment manuals and deliver them to the County. 3) The Design-Build Firm, with the assistance of the County's maintenance personnel, shall direct the commissioning of utilities and the operations of the Project's systems and equipment, and shall assist in their initial start-up and testing.

Warranties and Completion. 3.6.1 The Contractor warrants that all materials and equipment furnished under this Agreement will be new unless otherwise specified, of good quality in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or of a designated portion. The Contractor agrees to correct all construction performed under this Agreement which proves to be defective in workmanship and materials within a period of one year from the date of Substantial Completion as set forth in Paragraph 6.2 or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. 3.6.2 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of the Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. All other warranties expressed or implied including the warranty of merchantability and the warranty of fitness for a particular purpose are expressly disclaimed. 3.6.3 The Contractor shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.6.4 The Contract shall collect all written warranties and equipment manuals and deliver them to the Owner. 3.6.5 With the assistance of the Owner’s maintenance personnel, the Contractor shall direct the checkout of utilities and operations of systems and equipment for readiness, and assist in their initial state-up and testing. *** Confidential material redacted and filed separately with the Commission 3.6.6 Contractor guarantees and warrants that the Work/Project will achieve the performance requirements with respect to the operation of the Work/Project set forth in that certain Process Guarantee letter dated June 23, 2006, by and between the Contractor and Owner, which Process Guarantee Letter is incorporated into this Agreement. In the event of Contractor’s breach of this Agreement and warranty, Contractor shall take all action as necessary to remedy the deficiencies that prevented the successful achievement of the performance requirements at Contractor’s sole cost and expense. Performance tests will be conducted jointly by Contractor and Owner to verify achievement of the performance requirements. If the performance tests fail to achieve the performance requirements, Contractor shall promp...

Warranties and Completion. 2.4.1 Honeywell warrants Customer good and clear title to all equipment and materials furnished to Customer pursuant to this Agreement, free and clear of liens and encumbrances. Honeywell hereby warrants that all such equipment and materials shall be of good quality and shall be free from defects in materials and workmanship, including installation and setup, for a period of one (1) year from the earlier of the date of first beneficial use or substantial completion of the equipment or portion of the Work in question as reasonably determined by the Engineer of Record, provided that no repairs, substitutions, modifications, or additions have been made, except by Honeywell or with Honeywell’s written permission, which shall not be unreasonably withheld and provided that after delivery such equipment or materials have not been subjected by non-Honeywell personnel to accident, neglect, misuse, or use in violation of any instructions supplied by Honeywell. Honeywell’s sole liability hereunder shall be to repair promptly or replace defective equipment or materials, at Honeywell’s option and at Honeywell’s expense. The limited warranty contained in this Section 2.4.1 shall constitute the exclusive remedy of Customer and the exclusive liability 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, Honeywell shall, at Customer’s request, assign to Customer any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Honeywell and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the one (1) year limited warranty set forth in Section 2.4.1. 2.4.3 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH.

Warranties and Completion. 3.7.1 The Design-Builder warrants that all materials and equipment furnished under this Agreement will be new, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the Phase 1 Completion Date. The Design-Builder agrees to correct all construction performed under this Agreement which is defective in construction workmanship or materials within a period of one year from the Date of "Substantial Construction Completion" (as such term is defined in the Phase 2 Design-Build Agreement). Corrective Work performed by the Design-Builder to accomplish that purpose shall be subject to an additional express warranty as provided for in this Section 3.7.1 that shall last until the earlier of (a) one year from the date such corrective Work is completed or (b) eighteen months from the Date of "Substantial Construction Completion" (as such term is defined in the Phase 2 Design-Build Agreement). 3.7.2 To the extent products, equipment, systems or materials incorporated in the Work are specified and purchased by the Owner; they shall be covered exclusively by the warranty of the manufacturer. There are no warranties that extend beyond the description on the face of any such warranty. To the extent products, equipment, systems or materials incorporated in the Work are specified by the Owner but purchased by the Design-Builder and are inconsistent with selection criteria that otherwise would have been followed by the Design-Builder, the Design-Builder shall assist the Owner in pursuing warranty claims. A list of all material items purchased by the Design-Builder that are inconsistent with the selection criteria that otherwise would have been followed by the Design-Builder is set forth on Exhibit M. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 3.7.3 The Design-Builder shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.7.4 The Design-Builder shall collect all written warranties and equipment manuals and deliver them to the Owner in a format directed by the Owner. 3.7.5 With the assistance of the Owner's maintenance personnel, the Design-Builder shall direct the checkout of utilities and start up operations, and adjusting and balancing of systems and equipment for readiness.

Warranties and Completion. 2.4.1 Honeywell warrants Customer good and clear title to all equipment and materials furnished to Customer pursuant to this Agreement (except licensed software, which shall be governed exclusively by the terms and conditions of any applicable Software License Agreement provided with the software). Honeywell further warrants that all services, equipment, and materials furnished pursuant to this agreement shall be free from defects in materials and workmanship (excluding normal wear and tear), including installation and setup, for a period of one (1) year from the earlier of the date of first beneficial use, or substantial completion of the equipment or portion of the Work in question except to the extent the defect results from fire, lightning, water damage or any other cause beyond the control of Honeywell and, provided that no repairs, substitutions, modifications, or additions have been made, except by Honeywell or with Honeywell’s written permission, and provided that after delivery such equipment or materials have not been subjected by non-Honeywell personnel to accident, neglect, misuse, or use in violation of any instructions supplied by Honeywell, including the failure to properly operate or maintain such equipment and materials. Honeywell’s sole liability hereunder shall be to repair promptly or replace defective equipment or materials, at Honeywell’s option and at Honeywell’s expense. The limited warranty contained in this Section 2.4.1 shall constitute the exclusive remedy of Customer and the exclusive liability of Honeywell to the Customer for any breach of any warranty related to the Work. 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, Honeywell shall, at Customer’s request, assign to Customer any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Honeywell and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the one (1) year limited warranty set forth in Section 2.4.1. 2.4.3 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR RELATING TO, THIS LIMITED...

Warranties and Completion. Subcontractor warrants that all materials and equipment furnished under this Subcontract will be new, unless otherwise specified, and will be of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or a designated portion thereof. Subcontractor agrees to correct all Subcontractor’s Work performed under this Subcontract which proves to be defective in workmanship or materials within a period of one year from the date of Substantial Completion of the Work or for a longer period of time as may be required by specific warranties in the Contract Documents. Substantial Completion of the Work, or a designated portion, occurs on the date when construction is sufficiently complete in accordance with the Contract Documents so that Owner can occupy or utilize the Project, or a designated portion, for the use for which it is intended.

Warranties and Completion. In addition to the warranty set forth in Section 20, General Terms and Conditions: 1) The Design-Build Firm shall secure required certificates of inspection, testing, or approval and deliver them to the County. 2) The Design-Build Firm shall collect all written warranties and equipment manuals and deliver them to the County. 3) The Design-Build Firm, with the assistance of the County's maintenance personnel, shall direct the commissioning of utilities and the operations of the Project's systems and equipment, and shall assist in their initial start-up and testing. 4) The Design-Build Firm shall secure the warranty-related responsibilities with a Warranty Bond in the amount of 10% of the GMP, provide a Warranty Bond in the form provided in Exhibit L. Warranty responsibilities are further detailed in Exhibit G.

Warranties and Completion. 2.4.1 HONEYWELL warrants CUSTOMER good and clear title to all equipment and materials furnished to 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, HONEYWELL shall, at CUSTOMER's request, assign to CUSTOMER any and all manufacturer's or installer's warranties for equipment or materials not manufactured by HONEYWELL and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the one (1) year limited warranty set forth in Section 2.4.1. 2.4.3 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH.

Warranties and Completion. 3.7.1 The Contractor warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of the best quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or of a designated portion. The Contractor agrees to correct all construction performed under this Agreement which proves to be defective in workmanship and materials within a period of one year from the date of Substantial Completion of each designated portion of the work, or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents, provided that payment for original work performed has been made unless such failure to pay is a result of a material bona-fide dispute. 3.7.2 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of the Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description of the face thereof. 3.7.3 The Contractor shall secure required certificates of inspection, testing or approval and deliver them to the Owner. 3.7.4 The Contractor shall collect all written warranties and equipment manuals and deliver them to the Owner. 3.7.5 With the assistance of the Owner's maintenance personnel, the Contractor shall direct the check-out of utilities and operations of systems and equipment for readiness, and assist in their initial start-up and testing. 3.7.6 The Contractor shall maintain at the site of the Work, and cause its subcontractors to maintain, complete and accurate as-built drawings of the Work as it is performed. As-built drawings will be delivered to the Owner upon completion of the Project, and shall be one of the precedents to final payment to the Contractor.

Warranties and Completion. 2.2.1 CRB Builders warrants to the Owner that all materials and equipment furnished under this Agreement will be new, unless otherwise specified, and that all construction work will be of good quality, free from improper workmanship and defective materials. This warranty does not include defects caused by Owner modification, abuse, improper maintenance or operation. CRB Builders agrees to correct all work performed by it under this Agreement which proves to be defective in material or workmanship within a period of one (1) year from the date of Substantial Completion as defined in paragraph 5.2.1, provided that this warranty covers equipment, accessories and parts manufactured by others only to the extent of liability to CRB Builders on the part of the manufacturer thereof, and no warranty is provided for Owner provided equipment. Any warranty or guarantee obtained by CRB Builders from any such manufacturer shall be deemed to have been obtained for the benefit of the Owner. The foregoing warranties are in lieu of all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for purpose. 2.2.2 CRB Builders will secure required certificates of inspection, testing or approval required for building construction and deliver them to the Owner. 2.2.3 CRB Builders will collect all equipment manuals and deliver them to the Owner, together with all written warranties from equipment manufacturers, and CRB Builders will have no further obligation with respect to them.