Common use of Warranty Exclusions Prohibited Clause in Contracts

Warranty Exclusions Prohibited. The Owner will not accept any warranty clause from the Contractor, Subcontractor or manufacturer that states: i. That the implied warranties of Merchantability or Fitness for a Particular Purpose are excluded from the Contract; ii. That the warranty clause is in lieu of all other warranties that are either expressed or implied. In addition to the above restrictions, the warranty requirements of the Contract shall exist in a direct extension from the manufacturer to the Owner as well as from the Contractor to the Owner if the manufactured product is sold directly to the Contractor.

Warranty Exclusions Prohibited. 42.12.1 The Owner will not accept any warranty clause from the Contractor, Subcontractor or manufacturer that states: i. That : (i) that the implied warranties of Merchantability or Fitness for a Particular Purpose are excluded from the Contract; ; or (ii. That ) that the warranty clause is in lieu of all other warranties that are either expressed or implied. . 42.12.2 In addition to the above restrictions, the warranty requirements of the Contract shall exist in a direct extension from the manufacturer to the Owner as well as from the Contractor to the Owner if the manufactured product is sold directly to the Contractor.