Common use of Warranties and Completion Clause in Contracts

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. 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 the Software License Agreement, attached hereto as Attachment B), 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 use, or substantial completion of the equipment or portion of the Work in question as reasonably determined by the Engineer of Recordquestion, 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-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 liabilityliability of Honeywell for any breach of any warranty related to the equipment and materials furnished by Honeywell pursuant to this Agreement. 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. 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 3.7.1 The Design-Builder warrants that all such materials and equipment and materials shall furnished under this Agreement will be new, of good quality quality, in conformance with the Contract Documents, and shall be free from defects defective workmanship and materials. Warranties shall commence on the Date of Substantial Construction Completion of the Work or of a designated portion thereof. The Design-Builder agrees to correct all construction performed under this Agreement which is defective in construction workmanship or materials and workmanship, including installation and setup, for within a period of one (1) year from the earlier Date of the date of first beneficial use or substantial completion of the equipment or portion of the Substantial Construction Completion. Corrective Work in question as reasonably determined performed by the Engineer of Record, provided Design-Builder to accomplish 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 purpose shall be subject to repair promptly or replace defective equipment or materials, at Honeywell’s option and at Honeywell’s expense. The limited an additional express warranty contained as provided for in this Section 2.4.1 3.7.1 that shall constitute last until the exclusive remedy earlier of Customer (a) one year from the date such corrective Work is completed or (b) eighteen months from the Date of Substantial Construction Completion. 3.7.2 To the extent products, equipment, systems or materials incorporated in the Work are specified and purchased by the exclusive liability 2.4.2 In addition to Owner; they shall be covered exclusively by 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 manufacturer. There are no warranties that such third-party warranties are assignable and extend beyond the one (1) year limited 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 in Section 2.4.1. 2.4.3 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS on Exhibit M. ALL OTHER WARRANTIES, WHETHER WRITTEN WARRANTIES EXPRESSED OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSLY DISCLAIMED. 3.7.3 The Design-Builder shall secure required certificates of inspection, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY SPECIALtesting 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, INDIRECTthe Design-Builder shall direct the checkout of utilities and start up operations, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACHand 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 AgreementAgreement (except licensed software, free which shall be governed exclusively by the terms and clear conditions of liens and encumbrancesany applicable Software License Agreement provided with the software). Honeywell hereby further warrants that all such equipment services, equipment, and materials shall be of good quality and furnished pursuant to this agreement shall be free from defects in materials and workmanshipworkmanship (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 use, or substantial completion of the equipment or portion of the Work in question as reasonably determined by except to the Engineer extent the defect results from fire, lightning, water damage or any other cause beyond the control of RecordHoneywell and, 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, 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 liabilityliability 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 WARRANTY OR ITS BREACH. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON HONEYWELL UNLESS SET FORTH IN WRITING AND SIGNED BY HONEYWELL’S AUTHORIZED REPRESENTATIVE.

Warranties and Completion. 2.4.1 Honeywell CTS warrants Customer CUSTOMER good and clear title to all equipment and materials furnished to Customer CUSTOMER pursuant to this Agreement, Agreement free and clear of liens and encumbrances. Honeywell CTS 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 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 Recordquestion, provided that no repairs, substitutions, modifications, or additions have been made, except by Honeywell CTS or with Honeywell’s CTS'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 CTS personnel to accident, neglect, misuse, or use in violation of any instructions supplied by HoneywellCTS. Honeywell’s CTS's sole liability hereunder shall be to repair promptly or replace defective equipment or materials, at Honeywell’s CTS's option and at Honeywell’s CTS's expense. The limited warranty contained in this Section 2.4.1 shall constitute the exclusive remedy of Customer CUSTOMER and the exclusive liabilityliability of CTS for any breach of any warranty related to the equipment and materials furnished by CTS pursuant to this Agreement. 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, Honeywell CTS shall, at Customer’s CUSTOMER's request, assign to Customer CUSTOMER any and all manufacturer’s 's or installer’s 's warranties for equipment or materials not manufactured by Honeywell CTS 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 EXCLUSIVEThe warranties set forth herein are exclusive, AND HONEYWELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESand CTS expressly disclaims all other warranties, WHETHER WRITTEN OR ORALwhether written or oral, IMPLIED OR STATUTORYimplied or statutory, INCLUDING BUT NOT LIMITED TOincluding but not limited to, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEany warranties of merchantability and fitness for a particular purpose, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDERwith respect to the equipment and materials provided hereunder. HONEYWELL SHALL NOT BE LIABLE FOR ANY SPECIALCTS shall not be liable for any special, INDIRECTindirect, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROMincidental or consequential damages arising from, OR RELATING TOor relating to, THIS LIMITED WARRANTY OR ITS BREACHthis limited warranty or its breach. 2.4.4 CTS’s warranty excludes remedy for damage or defect cased by abuse, modifications not executed by CTS, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage.

Warranties and Completion. 2.4.1 Honeywell CTS warrants Customer CUSTOMER good and clear title to all equipment and materials furnished to Customer CUSTOMER pursuant to this Agreement, Agreement free and clear of liens and encumbrances. Honeywell CTS 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 Recordquestion, provided that no repairs, substitutions, modifications, or additions have been made, except by Honeywell CTS or with Honeywell’s CTS'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 CTS personnel to accident, neglect, misuse, or use in violation of any instructions supplied by HoneywellCTS. Honeywell’s CTS's sole liability hereunder shall be to repair promptly or replace defective equipment or materials, at Honeywell’s CTS's option and at Honeywell’s CTS's expense. The limited warranty contained in this Section 2.4.1 shall constitute the exclusive remedy of Customer CUSTOMER and the exclusive liabilityliability of CTS for any breach of any warranty related to the equipment and materials furnished by CTS pursuant to this Agreement. 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, Honeywell CTS shall, at Customer’s CUSTOMER's request, assign to Customer CUSTOMER any and all manufacturer’s 's or installer’s 's warranties for equipment or materials not manufactured by Honeywell CTS 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 EXCLUSIVEThe warranties set forth herein are exclusive, AND HONEYWELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESand CTS expressly disclaims all other warranties, WHETHER WRITTEN OR ORALwhether written or oral, IMPLIED OR STATUTORYimplied or statutory, INCLUDING BUT NOT LIMITED TOincluding but not limited to, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEany warranties of merchantability and fitness for a particular purpose, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDERwith respect to the equipment and materials provided hereunder. HONEYWELL SHALL NOT BE LIABLE FOR ANY SPECIALCTS shall not be liable for any special, INDIRECTindirect, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROMincidental or consequential damages arising from, OR RELATING TOor relating to, THIS LIMITED WARRANTY OR ITS BREACHthis limited warranty or its breach. 2.4.4 CTS’s warranty excludes remedy for damage or defect cased by abuse, modifications not executed by CTS, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage.

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 use, or substantial completion of the equipment or portion of the Work in question as reasonably determined by the Engineer of Recordquestion, 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 liabilityliability of Honeywell for any breach of any warranty related to the equipment and materials furnished by Honeywell pursuant to this Agreement. 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, Honeywell shall, at Customer’s request, shall 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.year 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. 2.4.1 Honeywell warrants Customer good and clear title to all equipment and materials furnished to Customer pursuant to this Agreement, 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 two (12) year years from the earlier of the date of first beneficial use or substantial completion execution of the Certificate of Substantial Completion set forth in Exhibit J-2 for 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 liabilityliability of Honeywell for any breach of any warranty related to the equipment and materials furnished by Honeywell pursuant to this Agreement. 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, Honeywell shall, at Customer’s request, shall 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 two (12) 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. 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 use, or substantial completion of the equipment or portion of the Work in question as reasonably determined by the Engineer of Recordquestion, 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 liabilityto 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.