Warranty and Guaranty. The Contractor warrants and guarantees that all work executed under the Contract Documents shall be free from defects of materials or workmanship for a period of one year from the date of Material Completion. Whenever a manufacturer’s warranty or the Contract Documents call for written guaranties or warranties in excess of one year, the Contractor shall furnish them in such form as to permit direct enforcement by the Owner against any Subcontractor, Supplier, or manufacturer whose guaranty or warranty is called for. The Contractor further agrees to all of the following:
Warranty and Guaranty. As additional security for the fulfillment of such obligation, but in no way limiting the same, the CM/GC warrants and guarantees (1) that all work executed under the plans and specifications shall be free from defects of materials or workmanship for a period of one year from the date of the Material Completion, or for such greater space of time as may have been designated in the specifications, products of manufacturers shall be free from defects of materials and workmanship. Whenever written guaranties or warranties are called for, the CM/GC shall furnish the aforesaid for such period of time as may be stipulated. The aforesaid instruments shall be in such form as to permit direct enforcement by the Owner against any subcontractor, materialmen, or manufacturer whose guaranty or warranty is called for. The CM/GC further agrees that: Jointly and Severally Liable. The CM/GC is jointly and severally liable with such subcontractors, materialmen, or manufacturers; and Agents of the CM/GC. The said subcontractors, materialmen, or manufacturers are agents of the CM/GC for purposes of performance under this article, and the CM/GC, as principal, ratifies the warranties or guaranties of his aforesaid agents by the filing of the aforesaid instruments with the Owner. The CM/GC as principal is liable for the acts or omissions of his agents.
Warranty and Guaranty. As additional security for the fulfillment of such obligation, but in no way limiting the same, the Design-Builder warrants and guarantees (1) that all work executed under the plans and specifications shall be free from defects of materials or workmanship for a period of one year from the date of Material Completion, and (2) that for not less than one year from the date of the Material Completion or for such greater space of time as may have been designated in the specifications, products of manufacturers shall be free from defects of materials and workmanship. Whenever written guaranties or warranties are called for, the Design-Builder shall furnish the aforesaid for such period of time as may be stipulated. The aforesaid instruments shall be in such form as to permit direct enforcement by the Owner against any subcontractor, materialmen, or manufacturer whose guaranty or warranty is called for. The Design-Builder further agrees that:
Warranty and Guaranty. As additional security for the fulfillment of such obligation, but in no way limiting the same, the CM/GC warrants and guarantees (1) that all work executed under the plans and specifications shall be free from defects of materials or workmanship for a period of one year from the date of the Final Certificate of the Design Professional, and (2) that for not less than one year from the date of the Final Certificate of the Design Professional, or for such greater space of time as may have been designated in the specifications, products of manufacturers shall be free from defects of materials and workmanship. Whenever written guaranties or warranties are called for, the CM/GC shall furnish the aforesaid for such period of time as may be stipulated. The aforesaid instruments shall be in such form as to permit direct enforcement by the Owner against any subcontractor, materialmen, or manufacturer whose guaranty or warranty is called for. The CM/GC further agrees that:
Warranty and Guaranty. 12.1 Scope and Term - Prototype. HET warrants that the Work shall be (i) performed with the degree of skill and care that is required by good and sound procedures and practices and in conformity with generally accepted standards or as otherwise specified in this Agreement, and (ii) designed in accordance with the terms of this Agreement and generally accepted standards and practices. Without limiting the generality of the foregoing, all workmanship shall be of first-class quality. Without limiting the generality of subsection 11.1, HET hereby specifically disclaims any representation or warranty that the Processor will meet any particular codes or standards that may be required by applicable law of any commercial products offered to the general public. Notwithstanding the preceding sentence, HET hereby represents and warrants that, provided that the prototype Processor is operated under the conditions set forth in the Final Specifications, the prototype Processor will have sufficient interlocks, burner monitoring systems, pressure safety valves and other features as are necessary for the safe operation of the prototype Processor. Lastly, HET hereby represents and warrants that the use by HPEC, for purposes of testing the prototype Processor, of the catalysts described in the Final Specifications shall not infringe upon the rights of any third party, including, without limitation, any manufacturer of such catalysts.
Warranty and Guaranty. 52 11.1. Contractor's Warranty..............................................52 11.2. Remedy.............................................................52 11.3.
Warranty and Guaranty. A. General Representations and Warranties. Contractor represents and warrants that it is and will be at all times fully qualified and capable of performing every Phase of the Work and to complete Work in accordance with Title 24, California Code of Regulations and the terms of Contract Documents. Contractor warrants that all design and construction services shall be performed in accordance with generally accepted professional standards of good and sound design and construction practices and all requirements of Contract Documents, and that the design as developed will comply with the Criteria Documents and the intended use of the Project. Contractor warrants that Work, including but not limited to each item of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, architecture and/or engineering, materials, construction and workmanship. Contractor warrants that Work shall conform in all respects with all applicable requirements of federal, state and local laws, applicable construction codes and standards, licenses, and permits, Criteria Documents and all descriptions set forth therein, and all other requirements of Contract Documents. Contractor shall not be responsible, however, for the negligence of others in the specification of specific equipment, materials, design parameters and means or methods of construction where that is specifically shown and expressly required by Contract Documents.
Warranty and Guaranty. Based upon, arising out of or relating to:
i. any actual or alleged warranty or guarantee, estimate of probable costs or costs exceeding estimates, or any representation or promise regarding any payment of dividends or the performance or value of any product with any investment component made in connection with Professional Services; or
ii. any actual or alleged express warranty and guaranty in respect of a safety inspection, loss control or safety engineering services.
Warranty and Guaranty. Developer hereby warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost and expense of Developer. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City 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 Guaranty. In consideration of the extensions and maintenance of credit from time to time by Benvenuti Oil Company, Inc., the undersigned warrant(s) to them that the representations made are true and accurate. The undersigned agrees promptly to notify Benvenuti Oil Company, Inc in writing of any change in financial condition which would affect the responsibility of the undersigned. And further, in consideration for the extension of credit to the Applicant, I/we, the undersigned, for good and valuable consideration, do hereby, personally, individually, jointly and severally, guarantee payment to the aforesaid Benvenuti Oil Company, Inc, their successors or their assigns of whatsoever sums of money including service charges, collection costs, and attorney’s fees, due and payable by the said Applicant now and from time to time hereafter. This guaranty shall be effective without first requiring the creditor to proceed against any other party, and I/we hereby waive notice of acceptance, default and non-payment and consent to waiver, extension or modification of credit terms; surrender of collateral, renewal, release of parties to the obligation and any other act or omission thereof for recovery of the sum due. This shall be an open and continuing guaranty and shall continue in full force and effect notwithstanding any change in the amount of indebtedness from time to time or renewals or extensions without obtaining any consent thereof. The obligation of the undersigned shall not be affected by any change which may arise by reason of the death of the undersigned and the obligation is binding upon his heirs, executors, successors or assigns. A grant of credit to the above Applicant shall constitute acceptance of this guaranty. This guaranty may only be revoked in writing by written notice sent by certified mail, return receipt requested, to: Benvenuti Oil Company, Inc, Attn: Credit Manager, PO Box 299, Waterford, CT 06385. Such notice shall be effective only upon receipt by Benvenuti Oil Company, Inc. at the aforesaid address. The undersigned authorize Benvenuti Oil Company, Inc or their designees, to undertake any investigations they deem necessary to confirm the above described representations or the financial condition of the applicant or that of the undersigned. It is understood and acknowledged by the undersigned that balances for goods or services purchased not paid on or before due date are subject to service charges computed from the last day of the cycle. If any ba...
