Common use of Warranty of deliverables Clause in Contracts

Warranty of deliverables. All Deliverables shall be: (i) completed and delivered in a timely manner and in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances; (ii) conform to or exceed the specifications set forth in the Contract Documents; and (iii) be fit for ordinary use, of good quality, and with no material defects. 7.1.5.1. Where Shop Drawings or a sample is required by the Contract Documents or the Submittal Register, as defined in UGC, Section 1.40, any related Work performed prior to A/E’s review and approval of the pertinent submittal will be at the sole expense and responsibility of CMR. 7.1.5.2. Any provisions in the UGC to the contrary notwithstanding, including, but not necessarily limited to Section 13.2, the creation of CMR’s general one (1) year warranty shall not be construed to constitute a waiver of CMR’s obligation to correct, or otherwise be responsible for, any latent defects beyond the above-mentioned one (1) year corrective period. 7.1.5.3. Any provision in the UGC to the contrary notwithstanding, no warranty periods shall commence unless and until a Certificate of Substantial Completion has been issued for the corresponding Work or portion thereof.

Appears in 5 contracts

Samples: Construction Manager at Risk Contract, Construction Manager at Risk Contract, Construction Manager at Risk Contract

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Warranty of deliverables. All Deliverables shall be: (i) completed and delivered in a timely manner and in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances; (ii) conform to or exceed the specifications set forth in the Contract Documents; and (iii) be fit for ordinary use, of good quality, and with no material defects. 7.1.5.18.1.5.1. Where Shop Drawings or a sample Sample is required by the Contract Documents or the Submittal Register, as defined in UGC, Section 1.40, any related Work performed prior to A/E’s review and approval of the pertinent submittal will be at the sole expense and responsibility of CMR. 7.1.5.28.1.5.2. Any provisions in the UGC to the contrary notwithstanding, including, but not necessarily limited to Section 13.2, the creation of CMR’s general one (1) year warranty shall not be construed to constitute a waiver of CMR’s obligation to correct, or otherwise be responsible for, any latent defects beyond the above-mentioned one (1) year corrective period. 7.1.5.38.1.5.3. Any provision in the UGC to the contrary notwithstanding, no warranty periods shall commence unless and until a Certificate of Substantial Completion has been issued for the corresponding Work or portion thereof.

Appears in 1 contract

Samples: Construction Manager at Risk Contract

Warranty of deliverables. All Deliverables shall be: (i) completed and delivered in a timely manner and in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances; (ii) conform to or exceed the specifications set forth in the Contract Documents; and (iii) be fit for ordinary use, of good quality, and with no material defects. 7.1.5.1. Where a Shop Drawings Drawing or a sample Sample is required by the Contract Documents or the Submittal Register, as defined in UGC, Section 1.40, any related Work work performed prior to A/E’s review and approval of the pertinent submittal will be at the sole expense and responsibility of CMRContractor. 7.1.5.2. Any provisions in the UGC to the contrary notwithstanding, including, but not necessarily limited to Section 13.2, the creation of CMRContractor’s general one (1) year warranty shall not be construed to constitute a waiver of CMRContractor’s obligation to correct, or otherwise be responsible for, any latent defects beyond the above-mentioned one (1) year corrective period. 7.1.5.3. Any provision in the UGC to the contrary notwithstanding, no warranty periods shall commence unless and until a Certificate of Substantial Completion has been issued for the corresponding Work work or portion thereof.

Appears in 1 contract

Samples: Construction Services Contract

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Warranty of deliverables. All Deliverables shall be: (i) completed and delivered in a timely manner and in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances; (ii) conform to or exceed the specifications set forth in the Contract Documents; and (iii) be fit for ordinary use, of good quality, and with no material defects. 7.1.5.1. Where a Shop Drawings Drawing or a sample Sample is required by the Contract Documents or the Submittal Register, as defined in UGC, Section 1.40, any related Work performed prior to A/E’s review and approval of the pertinent submittal will be at the sole expense and responsibility of CMRContractor. 7.1.5.2. Any provisions in the UGC to the contrary notwithstanding, including, but not necessarily limited to Section 13.2, the creation of CMRContractor’s general one (1) year warranty shall not be construed to constitute a waiver of CMRContractor’s obligation to correct, or otherwise be responsible for, any latent defects beyond the above-mentioned one (1) year corrective period. 7.1.5.3. Any provision in the UGC to the contrary notwithstanding, no warranty periods shall commence unless and until a Certificate of Substantial Completion has been issued for the corresponding Work or portion thereof.

Appears in 1 contract

Samples: Construction Services Contract

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