Warranty by Contractor Sample Clauses

Warranty by Contractor. CONTRACTOR shall fully warrant all materials, equipment, and service against poor and inferior quality or workmanship for a period of not less than one (1) year from date of final acceptance by the COUNTY. CONTRACTOR shall repair or replace any inoperable materials or equipment in a timely manner during warranty period.
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Warranty by Contractor. 1.1 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for any fee, commission, percentage, brokerage or contingent fee, gift or other consideration, excepting bona fide employees maintained by Contractor for the purpose of securing business and that Contractor has not received any non-City fee related to this Agreement without the prior written consent of the City.
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Warranty by Contractor. The Contractor warrants to the Authority that it is entitled to use and deal with any Intellectual Property Rights which may be used by it in connection with the provision of the Project Services.
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Warranty by Contractor. 9.1 THE CONTRACTOR undertakes not to affect the existing installations detrimentally. 9.2 If any installations are detrimentally affected by the Contractor’s operation he shall immediately take the necessary remedial steps on receipt of a written instruction of THE OWNER to do so. If THE CONTRACTOR fails to take the necessary remedial action THE OWNER will be entitled to: (a) Cancel this agreement on 90 days. (b) Undertake or instruct another person to undertake the necessary remedial steps and to set the costs thereof off against payments due to the contractor.
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Warranty by Contractor. Contractor represents and warrants that all Work, materials and services furnished pursuant to the Contract are and shall be free from liens, claims, security interests, encumbrance, and defects, in conformity with the Contract Documents and are of merchantable quality and new. Contractor further represents and warrants that all Work shall be substantially in accordance with the requirements of the Contract Documents and applicable Laws. All Work not conforming to the foregoing shall be considered defective. If within one (1) year after the date of Substantial Completion, any Work is found not to be in accordance with the Contract Documents, the Owner shall notify Contractor of any deficiency with specificity prior to the expiration of the one (1) year period, and it shall be corrected by the Contractor after receipt of written notice from the Owner. Contractor shall have no obligation to perform any warranty work should Owner not notify the Contractor of any deficiencies within the one (1) year period. Subject to the one (1) year warranty, neither the final payment nor any provision of the Contract Documents nor partial or entire occupancy of the Project by the Owner shall relieve the Contractor of liability under either any warranties or Contractor’s responsibility for faulty materials or workmanship. Contractor’s warranty described in this Section shall continue for a longer period if specified in the Contract Documents for special warranties. The foregoing specific warranties are in addition to warranties furnished by all manufacturers and suppliers to Contractor which shall be assigned to, and enforced by, Owner. Notwithstanding the foregoing, in no event shall the Contractor be required to correct any deficiencies caused by the misuse, negligence, acts or omissions of Owner, its employees, agents, invitees or contractors.
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Warranty by Contractor. 13.1 CONTRACTOR warrants that, when utilized by COUNTY in a manner authorized hereunder, the software provided by CONTRACTOR will substantially conform to the specifications outlined in this AGREEMENT. CONTRACTOR’s sole obligation and liability and COUNTY’s sole and exclusive remedy hereunder with respect to any failure to so perform will be, at CONTRACTOR’s sole discretion, to either remedy the non- conformity or refund fees pre-paid by COUNTY for the non-conforming software. In the event CONTRACTOR elects to repair the non-conforming software, CONTRACTOR shall use reasonable efforts to remedy any non-conformity which is reported to CONTRACTOR in writing by COUNTY. In the event CONTRACTOR elects to refund COUNTY, CONTRACTOR will refund to COUNTY the fees paid by the COUNTY to CONTRACTOR for services provided to implement the software, and this AGREEMENT will be automatically terminated. All warranty service will be performed at service locations designated by CONTRACTOR. Except for the foregoing, the software is provided AS IS. 13.2 CONTRACTOR warrants to COUNTY that CONTRACTOR has the right to deliver third party products subject to any documentation accompanying such third party products at the time of delivery and/or any licensing mechanisms, physical, electronic or otherwise, included in any third party products that are software. 13.3 THIRD PARTY PRODUCTS ARE WARRANTED BY THE MANUFACTURERS THEREOF IN ACCORDANCE WITH THE WARRANTY STATEMENTS ACCOMPANYING DELIVERY OF THE THIRD PARTY PRODUCTS, AND COUNTY AGREES THAT IT WILL RELY SOLELY ON SUCH THIRD PARTY PRODUCT WARRANTIES AND SHALL MAKE NO CLAIM AGAINST CONTRACTOR ON ACCOUNT OF ANY WARRANTY, EXPRESS OR IMPLIED, WHICH MAY APPLY TO ANY THIRD PARTY PRODUCT.
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Warranty by Contractor. Contractor makes no express or Implied Warranties, except as stated herein. All stated warranties are in lieu of all other warranties, express or implied. (a) Except as provided in Section (b) below, Contractor warrants ONLY the materials supplied by Contractor and used in performing this contract will be free of defects for a period of one (1) years from t he date of the Certificate of Occupancy; provided, however, that any warranty regarding wood destroying organisms is waived by Owner except for such warranties given by a licensed pest control operator and this Warranty, is limited to one (1) year from dateof treatment; renewable at the sole option and expense of the Owner. Owner is responsible for any labor cost
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Warranty by Contractor. Xxxxxx Xxxxxx warrants that he is competent to perform the work required under the contract in that he has the necessary qualifications including the knowledge, skill, and ability to perform the work.
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Related to Warranty by Contractor

  • Claim by Contractor After receipt of the Notice of Termination from the state, the Contractor shall submit any claim for additional costs not covered herein or elsewhere in the Contract within 60 days of the effective termination date, and not thereafter. Should the Contractor fail to submit a claim within the 60-day period, the State may, at its sole discretion, based on information available to it, determine what, if any, compensation is due the Contractor and pay the Contractor the determined amount.

  • Warranty Work Failure by the Contractor to take corrective action within twenty four (24) hours after personal or telephonic notice by the County's OC Public Works on items affecting essential use of the facility, safety or the preservation of property, and within ten (10) calendar days following written notice on other deficiencies, will result in the County taking whatever corrective action it deems necessary. All costs resulting from such action by the County will be claimed against Contractor or, if necessary, the Contractor's Performance Bond.

  • By Contractor Should the Contractor be liable for any payments to the State hereunder, interest, late payment charges and collection fee charges will be determined and assessed pursuant to Section 18 of the State Finance Law.

  • Performance by Contractor The Contractor, at the Contractor's own expense, shall, except as herein otherwise specifically provided, furnish and provide all and every kind of labour and superintendence, services, tools, implements, machinery, plant materials, articles and whatsoever is necessary for the due execution of the work. The Contractor shall fully construct and erect the work in the most thorough, professional and substantial manner, in every respect to the satisfaction and approval of the Engineer. The Contractor shall complete the work within the time specified herein and deliver it to the Minister in the manner and upon the terms and conditions of the Contract.

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

  • Contractor Warranties 7.12.1 If and to the extent Developer obtains general or limited warranties from any Contractor in favor of Developer with respect to design, materials, workmanship, equipment, tools, supplies, software or services, Developer also shall cause such warranty to be expressly extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Contractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass- marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as Developer or a Lender is diligently pursuing remedies thereunder. To the extent that any Contractor warranty would be voided by reason of Developer's negligence in incorporating material or equipment into the Work, Developer shall be responsible for correcting such defect. 7.12.2 Contractor warranties (if any) are in addition to all rights and remedies available under the CDA Documents or applicable Law or in equity, and shall not limit Developer’s liability or responsibility imposed by the CDA Documents or applicable Law or in equity with respect to the Work, including liability for design Defects, latent construction Defects, strict liability, breach, negligence, willful misconduct or fraud.

  • Construction Warranty At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).

  • Contractor Representations and Warranties Contractor makes each of the following representations and warranties as of the effective date of this Contract and at the time any order is placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

  • Services to be performed by Contractor In consideration of the payments set forth herein and in Exhibit “B,” Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibit “A.”

  • Termination by Contractor Contractor may, at its option, terminate this Contract upon the failure of MPS to pay any amount, which may become due hereunder for a period of sixty (60) days following submission of appropriate billing and supporting documentation. Upon said termination, Contractor shall be paid the compensation due for all services rendered through the date of termination including any retainage.

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