Warranty and Guarantee. The Contractor shall warrant and guarantee the materials and work to be free of defects for a period of two (2) years after the City’s final acceptance of the entire Project. The Contractor shall be liable for any costs, losses, expenses, or damages, including consequential damages, suffered by the City resulting from defects in the Contractor’s work including, but not limited to, the cost of materials and labor expended by the City in making emergency repairs and the cost of engineering, inspection, and supervision by the City. The Contractor shall hold the City harmless from any and all claims, which may be made against the City as a result of any defective work, and the Contractor shall defend any claims at its own expense. Where materials or procedures are not specified in the Contract, the City will rely on the professional judgment of the Contractor to make the appropriate selections.
Warranty and Guarantee. 7.1 Without prejudice to the generality of Clause 6 of these T&Cs, the Seller will provide a warranty of and guarantee the quality of the Goods, and any part or portion thereof, for a period of 12 months from the date of acceptance thereof. In respect of Goods supplied under the Consignment Stock Scheme, the warranty and guarantee period shall be 12 months from the date they are taken out from the consignment stock for use by the Buyer.
7.2 Notwithstanding Clause 4 of these T&Cs, the Seller shall make good as soon as possible and without charge, all defects in the Goods arising from defective design, materials, workmanship or any other cause discovered within the said period referred to in sub-clause 7.1 of these T&Cs above.
7.3 In the event that the Seller is required to replace any defective Goods but it does not at the same time call for the return of the defective Goods, no responsibility for the defective Goods shall rest upon the Buyer, and the Buyer may dispose of them after a reasonable time in whatever manner as it sees fit and retain any proceeds, if any, thereof.
7.4 If any defects are not made good within a reasonable time, the Buyer may, after serving notice of intent on the Seller, proceed to rectify the defects by repair or replacement at the Seller’s risk and expense without prejudice to any other rights which the Buyer may have against the Seller.
7.5 The Seller shall remain liable to the Authority under the terms of this clause whether or not the Goods, or any part thereof, were manufactured by it, and the Seller shall ensure that the supplier of any Goods not manufactured by it shall be under at least the same liability to the Seller as the liability undertaken by the Seller to the Buyer pursuant to this clause.
Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by AGENCY (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following AGENCY’s acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the Public Improvements and acceptance of them by the City Council (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and subject to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following the City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
Warranty and Guarantee. The Contractor hereby warrants to ITP that all the equipment furnished under the procurement shall be free from defects in material and workmanship under normal operating use and service. The Contractor shall provide such a Warranty beginning at the time of final acceptance of the system and continuing for a period of one (1) year on all equipment. The Warranty shall cover all parts and labor costs during the Warranty period. The remedial work to correct any of the potential deficiencies shall include the repair or replacement, at the Contractor's option, of equipment, components, devices and/or material. It is expressly understood that this Warranty covers all parts and labor costs necessary and that all cost for the necessary labor and material during the Warranty period shall be borne by the Contractor and not by ITP except as provided for herein. The Contractor also agrees to provide all labor and material to replace, during the period of this Warranty, without expense to ITP, any and all parts which may be damaged due to defects in, or failure of such parts or of any other part or parts of the equipment furnished under the procurement. ITP shall maintain the equipment in accordance with the Contractor's instructions in order to maintain this Warranty, and the Contractor shall be responsible for all shipping charges. Contractor shall be solely responsible for all materials and workmanship, including all specialties and accessories, whether manufactured by it or others, used in the equipment and for adequate installation and connection of all equipment, accessories, specialties, and components. Under no conditions shall Contractor delegate this responsibility to suppliers or other sources. Any apparatus, device, or material which, in the sole opinion of ITP, requires excessive service during its operation, shall be brought to the attention of the Contractor by ITP at the conclusion of the first year but prior to the expiration of the Warranty. The Contractor shall be required to repair or replace the apparatus, device, or material (at his or her determination of the problem and its cause) at no expense to ITP. Should a "class failure" be involved, the Contractor may be required by ITP to extend the Warranty on that item until the requirement for excessive service is eliminated. Excessive service is defined as three (3) failures (an event or failure of a given device and/or component in a unit or units which renders the unit or units inoperative and/or u...
Warranty and Guarantee. Contractor warrants and guarantees to County that all materials and equipment shall be new unless otherwise specified and of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in Section 13.2. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests or approvals shall be considered defective. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13.
Warranty and Guarantee. The Contractor warrants to the Owner that all materials and equipment furnished under this contract will be new unless otherwise specified and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Subparagraph (2) of Paragraph 15.
Warranty and Guarantee. A. CONTRACTOR warrants that the Work, which includes any equipment furnished by CONTRACTOR as part of the materials, shall:
1. be free from defects in workmanship and material, 2. be free from defects in any design performed by CONTRACTOR,
Warranty and Guarantee. A. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
B. Contractor warrants and guarantees for the time period defined on page 2 of Exhibit A, or the longest period permitted by the law of this State, whichever is greater, or as otherwise provided in the Contract Documents, that the materials and necessary for the Work shall operate as provided for in the Contract Documents. During the term of this warranty, Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the materials and equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the materials and equipment that is caused by the sole or active negligence or willful misconduct of the City. Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City any attorneys' fees incurred to enforce the obligations herein.
Warranty and Guarantee. All warranties and guarantees on goods, services and construction shall survive the completion of performance, expiration or termination of the Contract and shall continue through the warranty or guarantee period.
