Common use of Warranty and Guarantee Clause in Contracts

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 unsuitable for the intended purpose) or malfunctions (an event or failure of a given device and/or component in a unit or units which causes a degraded performance of the equipment but does not render the equipment inoperative) during the Warranty period. A "class failure" is a failure of a given component and/or device in five percent (5%) of the equipment provided during the Warranty period. The determination of a "class failure" shall be by ITP and shall assume that all equipment within its respective category has these defects and shall ultimately experience these same failures. In the event the Contractor fails to comply within ten (10) working days to a request by ITP to repair, replace or correct damaged or defective work, materials, specialties, equipment and accessories, ITP shall, upon written notice to the Contractor, have authority to deduct the cost of labor and material incurred by ITP itself in making such repairs from any compensation due or to become due the Contractor. In the event the Contractor has been paid, the Contractor agrees to reimburse ITP for the cost thereof. It is understood, however, that the said Warranty or Guarantee will not apply to any equipment which has been repaired or altered without the knowledge or consent of the Contractor and which repair or altering affected its stability and/or reliability; nor will said Warranty or Guarantee apply if the equipment has been subjected to other than normal use under conditions which prevail in ITP service. The burden of proof for any negligence on the part of ITP shall rest with the Contractor. Temperature, humidity, bus vibration and ambient electric conditions shall be considered normal operating conditions for this equipment. The Warranty shall not cover the replacement and maintenance items (such as light bulbs) made in connection with normal maintenance service. Labor costs for ITP to diagnose and to exchange faulty components, subassemblies or equipment and the shipping costs to return such items to a service location nominated by the Contractor for repair or replacement as provided for herein shall be at the expense of the Contractor. The shipping costs, including packing and insurance, to ship repaired or replaced items to ITP shall be at the expense of the Contractor. Contractor guarantees that a stock of replacement parts for the equipment and all components thereof will be available for a period of not less the fifteen (15) years after the date of acceptance of the completed system under this Contract by ITP. The above Warranties are in addition to any statutory implied Warranties or Remedies imposed on the Contractor.

Warranty and Guarantee. The Contractor hereby warrants to ITP that all the equipment furnished under the procurement seller shall be free from liable for defects in material and workmanship under normal operating use and service. The Contractor shall provide such a Warranty beginning at of the time object of purchase as follows: Any parts which within 24 months, without work-shift restrictions, of final acceptance at the installation site are found to be unusable or impaired in their usability due to a circumstance existing prior to the transfer of the system and continuing for a period risk – in particular due to faulty design, poor or unsuitable materials or poor workmanship – shall be rectified or replaced free of one (1) year on all equipmentcharge. The Warranty seller shall cover all be promptly notified in writing of such defects. Replaced defective parts shall become the buyer’s property. No warranty will be accepted for any defects or damage which occurred for the following reasons: Unsuitable or improper use, incorrect commissioning by the buyer or its agent, natural wear and labor costs during tear, incorrect or negligent handling, unsuitable service fluids, defective construction work, unsuitable ground, chemical, electronical or electrical influences, which are the Warranty periodbuyer’s responsibility. The remedial work to correct seller shall promptly effect any rectifications or replacement deliveries. In urgent cases where operational safety is at risk, of which the potential deficiencies seller shall include be promptly notified, or where the repair or replacementseller is in default with the rectification of a defect, the buyer may at the Contractor's optionseller’s expense rectify the defect on its own or have it rectified by a third party. Where the seller effects a rectification or a replacement delivery, of equipment, components, devices and/or material. It is expressly understood that this Warranty covers all parts and labor the seller shall bear the costs necessary and that all cost for the necessary labor replacement including shipping costs and material during the Warranty period shall be borne by the Contractor removal and not by ITP except as provided for hereininstallation costs. The Contractor also agrees to provide all labor and material to replaceparties hereto agree that the buyer’s installation site, 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 as specified 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 operationorder, shall be brought to the attention place of performance for the subsequent performance. The warranty period for the replacement or rectification shall be 24 months without work-shift restrictions, and shall in any case expire no sooner than the original warranty period for the object of purchase. Furthermore, after expiry of the Contractor by ITP at guarantee period the conclusion seller shall for up to 17 years after delivery ensure or arrange the supply 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 unsuitable for the intended purpose) or malfunctions (an event or failure of a given device and/or component in a unit or units which causes a degraded performance of the equipment but does not render the equipment inoperative) during the Warranty period. A "class failure" is a failure of a given component and/or device in five percent (5%) of the equipment provided during the Warranty period. The determination of a "class failure" shall be by ITP and shall assume that all equipment within its respective category has these defects and shall ultimately experience these same failures. In the event the Contractor fails to comply within ten (10) working days to a request by ITP to repair, replace or correct damaged or defective work, materials, specialties, equipment and accessories, ITP shall, upon written notice to the Contractor, have authority to deduct the cost of labor and material incurred by ITP itself in making such repairs from any compensation due or to become due the Contractor. In the event the Contractor has been paid, the Contractor agrees to reimburse ITP for the cost thereof. It is understood, however, that the said Warranty or Guarantee will not apply to any equipment which has been repaired or altered without the knowledge or consent of the Contractor and which repair or altering affected its stability and/or reliability; nor will said Warranty or Guarantee apply if the equipment has been subjected to other than normal use under conditions which prevail in ITP service. The burden of proof for any negligence on the part of ITP shall rest with the Contractor. Temperature, humidity, bus vibration and ambient electric conditions shall be considered normal operating conditions for this equipment. The Warranty shall not cover the replacement and maintenance items (such as light bulbs) made in connection with normal maintenance service. Labor costs for ITP to diagnose and to exchange faulty components, subassemblies or equipment and the shipping costs to return such items to a service location nominated by the Contractor for repair or replacement as provided for herein shall be at the expense of the Contractor. The shipping costs, including packing and insurance, to ship repaired or replaced items to ITP shall be at the expense of the Contractor. Contractor guarantees that a stock of replacement spare parts for the equipment and all components thereof will be available for a period object of not less the fifteen (15) years after the date of acceptance of the completed system under this Contract by ITPpurchase. The above Warranties are statutory warranty regulations shall apply in addition to any statutory implied Warranties or Remedies imposed on the Contractoragreed terms. In order to ensure the shortest possible repair times, the seller shall make all reasonable efforts to supply required replacements for wear parts within the shortest possible time. The seller shall no later than 24 hours after a request provide the assembly personnel for the performance of required special repairs. The timely fulfilment of the accepted undertaking constitutes a principal contractual obligation.

Warranty and Guarantee. The Contractor hereby Subcontractor warrants to ITP Contractor that all the materials, machinery and equipment furnished and incorporated pursuant to this Agreement shall be new unless otherwise specified, that the performance of the Work shall not limit, void or otherwise compromise or diminish any manufacturer warranty that is to be issued under the procurement Agreement or the Contract Documents, and that all Work under this Agreement shall be and remain of good quality, free from faults, liens, security interests and defects, merchantable and fit for their particular purpose, and in strict conformance with the Contract Documents. All Work not conforming to these standards shall be considered defective. This warranty shall be in additions to and not in limitation of any other warranty or remedy required by law or by the Contract Documents. Subcontractor agrees to indemnify and hold Contractor harmless from any losses, costs or other damages or expenses (including attorney and expert fees and expenses) resulting from any breach of the foregoing warranty. Nothing herein shall in any way limit the right of Contractor to assert claims for damages resulting from patent or latent 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 Work for the system and continuing for a period of one (1) year on limitations prescribed by law. Subcontractor shall bear all equipmentexpenses incurred in connection with the inspection, removal, repair, correction, handling and transportation of defective or nonconforming Work or Work whose acceptance has been revoked. 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 replacementIn addition, at the Contractor's option, Subcontractor shall: (i) bear the costs of equipmentreplacement materials, components, devices and/or material. It is expressly understood that this Warranty covers all parts equipment and labor costs necessary and that all cost damages incurred by Contractor and (ii) pay Contractor for the necessary labor all expenses incurred in and material during the Warranty period delay caused by remedying defective or otherwise nonconforming Work. The provisions of this Paragraph shall be borne by the Contractor in addition to 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 in limitation of any other part warranty or parts remedy required by law or by the Contract Documents and shall survive the making and acceptance of final payment and/or termination of this Agreement. Subcontractor shall, at its sole expense, promptly and properly repair, replace or otherwise correct any Work that is (i) rejected by Contractor or Owner, or (ii) known, observed or discovered at any time by Subcontractor, Contractor, Owner to be defective or failing to conform to the Contract Documents and shall pay Contractor for all costs and expenses incurred in any delay caused by remedying defective or otherwise nonconforming Work. Furthermore, if within one year after final completion and acceptance of the equipment furnished Project by Owner, or such longer period as established with respect to Subcontractor's obligations under the procurement. ITP shall maintain Contract Documents, the equipment Work or any portion thereof is found to be not in accordance with the Contractor's instructions in order requirements of the Contract Documents, Subcontractor shall correct it promptly after receipt of written notice from Contractor to maintain this Warranty, and the Contractor do so. The period within which Subcontractor shall be responsible for all shipping charges. Contractor obligated to correct Work shall be solely responsible for all materials and workmanshipextended with respect to portions of Work, 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 unsuitable for the intended purpose) or malfunctions (an event or failure of a given device and/or component in a unit or units which causes a degraded performance of the equipment but does not render the equipment inoperative) during the Warranty period. A "class failure" is a failure of a given component and/or device in five percent (5%) of the equipment provided during the Warranty period. The determination of a "class failure" shall be by ITP and shall assume that all equipment within its respective category has these defects and shall ultimately experience these same failures. In the event the Contractor fails to comply within ten (10) working days to a request by ITP to repair, replace or correct damaged or defective corrective work, materials, specialties, equipment first performed after final completion and accessories, ITP shall, upon written notice to the Contractor, have authority to deduct the cost of labor and material incurred by ITP itself in making such repairs from any compensation due or to become due the Contractor. In the event the Contractor has been paid, the Contractor agrees to reimburse ITP for the cost thereof. It is understood, however, that the said Warranty or Guarantee will not apply to any equipment which has been repaired or altered without the knowledge or consent of the Contractor and which repair or altering affected its stability and/or reliability; nor will said Warranty or Guarantee apply if the equipment has been subjected to other than normal use under conditions which prevail in ITP service. The burden of proof for any negligence on the part of ITP shall rest with the Contractor. Temperature, humidity, bus vibration and ambient electric conditions shall be considered normal operating conditions for this equipment. The Warranty shall not cover the replacement and maintenance items (such as light bulbs) made in connection with normal maintenance service. Labor costs for ITP to diagnose and to exchange faulty components, subassemblies or equipment and the shipping costs to return such items to a service location nominated by the Contractor for repair or replacement as provided for herein shall be at the expense of the Contractor. The shipping costs, including packing and insurance, to ship repaired or replaced items to ITP shall be at the expense of the Contractor. Contractor guarantees that a stock of replacement parts for the equipment and all components thereof will be available for a period of not less the fifteen (15) years after the date of acceptance of the completed system Project. Subcontractor's obligations under this Contract by ITP. The above Warranties are in addition to any statutory implied Warranties or Remedies imposed on Paragraph shall survive completion and acceptance of the ContractorWork and Project and termination of this Agreement.