Warranties of Quality and Condition Sample Clauses

Warranties of Quality and Condition. Artist represents and warrants to the Town 1. All materials used in creating the Artwork and made a part of the Artwork shall be new and of good quality, free of defects (including qualities that cause or accelerate deterioration of the Artwork). 2. The Artwork and any materials used in creating the Artwork, and made a part of the Artwork, or placed permanently in the Artwork, are not currently known to be harmful to public health and safety and are durable to withstand swings in temperature from 20 degrees below zero to 100 degrees Fahrenheit and wind speeds up to 130 miles per hour. 3. The Artwork will not fall below an acceptable standard of public display or experience irreparable conditions, beyond general wear and tear, that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling, for a period of 3 years from the date of final acceptance of the Artwork by the Town. 4. Artist agrees to repair, cure, restore or replace, at its own expense and under the direction of the Town, any portion of the Artwork which fails or is defective, unsound, unsatisfactory because of materials or workmanship, or which is not in conformity with the provisions of this Agreement, for a period of 3 years from the date of final acceptance of the Artwork by the Town. Should Artist fail to perform any such work after a request by the Town, the Town may seek the services of qualified personnel to perform such work, and Artist shall reimburse the Town for all associated costs.

Warranties of Quality and Condition. 4.2.1 Artist represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Work) for one year after the date of Final Acceptance. 4.2.2 Artist represents and warrants that the Work and the materials used are not currently known to be harmful to public health and safety. 4.2.3 If within one year Contract Manager observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the Artist shall, at the request of the Contract Manager, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to City or Contract Manager. Contract Manager shall give notice to Artist of such breach with reasonable promptness. 4.2.4 If after one year Contract Manager observes any breach of warranty described in this Section 4.2 that is curable by the Artist, Contract Manager shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall have the right of first refusal to make or supervise repairs or restorations. Should Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, Contract Manager may seek the services of a qualified restorative conservator and maintenance expert. 4.2.5 If within one year Contract Manager observes any breach of warranty described in this Section 4.2 that is not curable by the Artist, Artist is responsible for reimbursing Contract Manager for damages, expenses and loss incurred by Contract Manager as a result of the breach. However, if Artist disclosed the risk of this breach in the Proposal and Contract Manager accepted that it may occur, it shall not be deemed a breach for purposes of this Section 4.2.

Warranties of Quality and Condition. Artist represents and warrants that the fabrication of the Artwork will be performed in a professional manner; will be free of defects or qualities which cause or accelerate deterioration of the work; and that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations by Artist to Town. The warranties described in this section shall remain in place for 1 year after final acceptance of the Artwork by Town. Artist shall, at the request of Town, and at no cost to Town, cure reasonably and promptly any breach of any such warranty which is curable by Artist and which cure is consistent with professional standards, including, for example, cure by means of repair or refabrication of the Artwork. Upon completion of the Artwork, Artist shall supply long-term maintenance instructions to the Town.

Warranties of Quality and Condition. The Artist represents and warrants that:‌ (a) Any materials used in the Artwork, as fabricated and installed, will be free of defects in material and construction, including any qualities which cause or accelerate deterioration of the Artwork; (b) The Artwork shall conform in all respects to the terms of this Agreement; (c) The Artwork shall be fit and suitable and perform satisfactorily for the purposes and under the conditions made known to the Artist by the Society or which were reasonably inferable.

Warranties of Quality and Condition. Artist further represents and warrants to the City that: a. The Work will be free of defects in design and draftsmanship, including any defects consisting of “inherent vice” or qualities which would cause or accelerate deterioration of the fabricated artwork.

Warranties of Quality and Condition. The Artist represents and warrants that: (a) the Artwork, as fabricated and installed, will be free of defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork, for five (5) years; and (b) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the Artist's maintenance recommendations. The warranties described in this Article 5 shall survive for a period of five (5) years after the final acceptance of the Artwork, with periodic required maintenance by the Owner/User Agency, according to instructions provided by the Artist. The Owner/User Agency shall give written notice to NMAD of any breach of the Artist's warranty within one hundred twenty (120) days of the breach during a five-year period after final acceptance of the Artwork. The Artist shall, at the request of NMAD and the Owner/User Agency, and at no cost to the Owner/User Agency or NMAD, cure reasonably and promptly the breach of any warranty which is repairable by the Artist or a professional fine art conservator, and which repair is consistent with accepted practices of professional fine art conservation (including, for example, repair by means of restoration, refurbishing or re-creation of part or all of the Artwork).

Warranties of Quality and Condition. 1. The Artist represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice” or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of final acceptance. 2. The Artist represents and warrants that the Artwork and materials used are not currently known to be harmful to public health and safety. 3. The Artist is not in breach of the Contract if damage, deterioration, or defects are caused by negligence, neglect, or willful acts of Sangamon County. 4. If within two years of acceptance of the artwork, Sangamon County observes any breach of warranty described in this section that is curable by the Artist, the Artist shall, at the request of Sangamon County, cure the breach promptly, satisfactorily, and consistent with professional conservation standards, at no expense to Sangamon County. Sangamon County shall give notice to the Artist of such breach with reasonable promptness.

Warranties of Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the Owner in writing in connection with submission of the Proposal pursuant to Section 1.2, that (a) the execution and creation of the Work will be performed in a workmanlike manner;

Warranties of Quality and Condition. Artist represents and warrants to the Town 1. All materials used in creating the Artwork and made a part of the Artwork shall be new and of good quality, free of defects (including qualities that cause or accelerate deterioration of the Artwork). 2. The Artwork and any materials used in creating the Artwork, and made a part of the Artwork, or placed permanently in the Artwork, are not currently known to be harmful to public health and safety and are durable to withstand swings in temperature from 20 degrees below zero to 100 degrees Fahrenheit. 3. The Artwork will not fall below an acceptable standard of public display or experience irreparable conditions, beyond general wear and tear, that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling, for a period of 3 years from the date of final acceptance of the Artwork by the Town. 4. Artist agrees to repair, cure, restore or replace, at its own expense and under the direction of the Town, any portion of the Artwork which fails or is defective, unsound, unsatisfactory because of materials or workmanship, or which is not in conformity with the provisions of this Agreement, for a period of 3 years from the date of final acceptance of the Artwork by the Town. Should Artist fail to perform any such work after a request by the Town, the Town may seek the services of qualified personnel to perform such work, and Artist shall reimburse the Town for all associated costs.

Warranties of Quality and Condition a. The Artist represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of final acceptance by the Agency under Section 5(d). “Inherent vice” refers to a quality within the material or materials which comprise the Work which, either alone or in combination with other materials used in the Work or reacting to the environment, results in the tendency of the Work to destroy itself. b. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the Conservation Report submitted by the Artist pursuant to Section 6(b). c. The Artist is responsible for all parts and workmanship of the Work for a period of one (1) year after acceptance of the Work. During this period, Artist shall replace any defective parts or rework any defective craftsmanship in a timely fashion, satisfactorily and consistent with professional standards, at no cost to the City except as provided in Section 8(a), 8(b), and 8(c) of this Agreement. d. If within one year the Agency observes a breach of warranty described in this Section 7 that is not curable by the Artist, the Artist is responsible for reimbursing the Agency for damages, expenses and loss incurred by the Agency as a result of the breach. However, if the Artist disclosed the risk of this breach in the Proposal and the Agency accepted that it may occur, it shall not be deemed a breach for purposes of this Section 7 of this Agreement. e. Upon written notification of a defect in materials or workmanship, the Artist shall have sixty (60) days to commence repairs and shall conclude the repairs within a reasonable time thereafter.