Warranty of Services. Contractor warrants to ACTA, POLA, POLB, BNSF and UP on behalf of itself and on behalf of any Subcontractor it employs to perform the Services that (i) all Services performed by Contractor or Subcontractor shall be done in a workmanlike manner, in compliance with all applicable federal, state and local laws, regulations or other valid orders of a governmental agency, and other applicable professional standards and in compliance with the requirements of this Agreement, (ii) all parts, equipment and materials used by Contractor or Subcontractor in provision of the Services shall be equal or better than the specifications set forth in Exhibit 7-Appendix F, and (iii) Contractor shall employ and ensure that Subcontractor employs a sufficient number of skilled, qualified and trained employees to perform the Services. 6.7.1 Contractor shall be responsible for taking any corrective action required to satisfy the foregoing warranties. Within thirty (30) days after Contractor’s discovery of, or within thirty (30) days after receiving written notice from any of ACTA, Owner, BNSF or UP of, a breach of the foregoing warranties, Contractor shall at its sole expense remove, repair and/or replace any non-conforming work (including parts and materials used in that work), or shall commence reasonable efforts to affect a cure, and shall bear the cost of repair or replacement of any other portions of the Maintained Facilities or work performed by any other contractor, that is damaged by Contractor’s or Subcontractor’s non-conforming work. Contractor shall repair any work which does not comply with applicable laws, regulations, orders or professional standards or which has not been done in a workmanlike manner, all at Contractor’s sole cost. 6.7.2 Notwithstanding anything to the contrary in this Agreement, Contractor’s warranty excludes remedy for manufacturer defects, damage or defect caused by abuse or modifications not executed by Contractor or its Subcontractors, improper or insufficient maintenance not performed by Contractor or its Subcontractors, or normal wear and tear under normal usage. 6.7.3 The only warranties made by Contractor in connection with the work are those set forth in this Section 6.7. Those warranties are exclusive and in lieu of all other warranties, whether statutory, express or implied, including warranties of merchantability, fitness for particular purpose and those arising from course of dealing and usage of trade. ACTA, POLA, POLB, BNSF and UP’s sole and exclusive remedy for warranty nonconformities in the work shall be for Contractor to repair or replace the nonconforming work as provided in this Section 6.7. 6.7.4 If Contractor fails to commence reasonable efforts to affect a cure within a reasonable time of Contractor’s discovery of, or receipt of written notice of, the alleged breach of the foregoing warranties, and thereafter complete such repair and/or replace any non- conforming work within a reasonable time, to the reasonable satisfaction of ACTA, Owner, BNSF and UP, any of ACTA, Owner, BNSF and/or UP shall have the right, but not the obligation, to correct and/or replace any work or materials that is/are defective or do not comply with the Maintenance Standards; provided, however, that the exercise of such right shall be without prejudice to any other right or remedy such party may have under this Agreement. Contractor shall fully reimburse ACTA, Owner, BNSF and/or UP (as applicable) for any expenses incurred hereunder, including the applicable party’s overhead costs (provided, that if such work is done by BNSF and/or UP, overhead costs shall be billed in accordance with such Railroad’s customary billing practices). 6.7.5 Notwithstanding any of the foregoing, if the work of Contractor or any of its Subcontractors is not in compliance with this Agreement or creates a hazard to the public health or safety or the safety of the employees or other contractors (and their employees) of ACTA, Owner or either Railroad or to the employees of Contractor or Subcontractor, ACTA may undertake at Contractor’s sole expense and without prior notice all Services necessary to correct that hazardous situation. 6.7.6 Contractor shall require any Subcontractor to undertake and guaranty the same obligations to the Contractor and to ACTA, Owner and Railroads as are set forth in this Section 6.7. 6.7.7 Contractor’s obligations under this Section 6.7 shall continue for three
Appears in 2 contracts
Samples: Maintenance Agreement, Maintenance Agreement
Warranty of Services.
A. Contractor warrants to ACTA, POLA, POLB, BNSF and UP on behalf of itself and on behalf of any Subcontractor it employs to perform the Services that
(i) that all Services performed by Contractor or Subcontractor shall be done performed in a good and workmanlike manner, in compliance with all applicable federal, state and local laws, regulations or other valid orders of a governmental or quasi-governmental agency, and other applicable professional standards and the Standard of Performance set forth in compliance with the requirements Article 27 of this Agreement, (ii) . Contractor warrants further that all parts, equipment parts and materials procured and installed by the Contractor used by Contractor or Subcontractor in provision of the Services shall be equal or better than fit for the specifications set forth in Exhibit 7-Appendix F, purposes for which such parts and (iii) materials are intended and shall satisfy Contractor’s representation and warranty. Contractor shall employ and ensure that Subcontractor employs a sufficient number of skilled, skilled and qualified and trained employees to perform the Services.
6.7.1 B. Contractor shall be responsible for taking any corrective action required to satisfy all warranties required pursuant to the foregoing warrantiesterms and conditions of this Agreement. Within thirty ten (3010) days after of Contractor’s discovery of, or within thirty (30) days after receiving written receipt of notice from any of ACTA, Owner, BNSF or UP Authority of, a breach of the foregoing warranties, Contractor shall at its sole expense remove, repair and/or replace any non-conforming work (work, including parts and materials procured and installed by the Contractor used in that work), or shall commence reasonable efforts to affect a cure, and shall bear the cost of repair or replacement of any other portions of the Maintained Facilities Service Property or work performed by any other contractor, that is damaged by Contractor’s or Subcontractor’s non-conforming work. Contractor shall repair re-execute at no cost to Authority any work which does not comply with applicable laws, regulations, orders or professional standards or which has not been done in a good and workmanlike manner, all at . Contractor’s sole costobligations under this Section 3.5 shall continue for one year after completion of the applicable Contract Task Order.
6.7.2 Notwithstanding anything to the contrary in this Agreement, Contractor’s warranty excludes remedy for manufacturer defects, damage or defect caused by abuse or modifications not executed by Contractor or its Subcontractors, improper or insufficient maintenance not performed by Contractor or its Subcontractors, or normal wear and tear under normal usage.
6.7.3 The only warranties made by Contractor in connection with the work are those set forth in this Section 6.7. Those warranties are exclusive and in lieu of all other warranties, whether statutory, express or implied, including warranties of merchantability, fitness for particular purpose and those arising from course of dealing and usage of trade. ACTA, POLA, POLB, BNSF and UP’s sole and exclusive remedy for warranty nonconformities in the work shall be for Contractor to repair or replace the nonconforming work as provided in this Section 6.7.
6.7.4 C. If Contractor fails to commence reasonable efforts to affect a cure perform its obligations under this Agreement within a reasonable time of Contractor’s discovery of, or receipt of written notice of, the alleged breach of the foregoing warranties, and thereafter complete such repair and/or replace any non- conforming work within a reasonable time, to the reasonable satisfaction of ACTAAuthority Contract Manager, Owner, BNSF and UP, any of ACTA, Owner, BNSF and/or UP Authority shall have the right, but not the obligation, right to correct and/or replace any work or materials that is/which are defective or which do not comply with the Maintenance Standards; provided, however, that standards stated in the exercise Scope of such right shall be without prejudice to any other right or remedy such party may have under this AgreementService (Attachment A). Contractor shall fully reimburse ACTA, Owner, BNSF and/or UP (as applicable) Authority for any expenses incurred by Authority hereunder, including the applicable partyAuthority’s overhead costs (provided, that if such work is done by BNSF and/or UP, overhead costs shall be billed in accordance with such Railroad’s customary billing practices)costs.
6.7.5 D. Contractor may use equipment provided by Authority to perform work required to correct or address breaches of the warranties provided in this Article provided that such use and the performance of that work does not interfere with the work of Authority or any of Authority’s other contractors.
E. Notwithstanding any of the foregoing, if in the event that Contractor’s work or the work of Contractor or any of its Subcontractors a Subcontractor is not in compliance with this Agreement or and creates a hazard to the public health or safety or the safety of the Authority’s employees or other contractors (and their employees) of ACTA, Owner or either Railroad or to the employees of Contractor or Subcontractor, ACTA Authority Contracting Officer may determine that Authority will undertake at Contractor’s sole expense and without prior notice notice, all Services necessary to correct that such hazardous situation.
6.7.6 F. Contractor shall require any Subcontractor to undertake and guaranty the same obligations to Contractor as Contractor is required to perform for the Contractor and to ACTA, Owner and Railroads benefit of Authority as are set forth in this Section 6.7Article.
6.7.7 Contractor’s obligations under this Section 6.7 shall continue for three
Appears in 2 contracts
Samples: Communication and Signal Systems Installation Services Agreement, Contract Agreement
Warranty of Services. 3.5.1. Contractor warrants to ACTA, POLA, POLB, BNSF and UP on behalf of itself and on behalf of any Subcontractor it employs to perform the Services that
(i) that all Services performed by Contractor or Subcontractor shall be done performed in a good and workmanlike manner, in compliance with all applicable federal, state and local laws, regulations or other valid orders of a governmental or quasi-governmental agency, and other applicable professional standards and in compliance with the requirements Standard of this Agreement, (ii) all parts, equipment and materials used by Contractor or Subcontractor in provision of the Services shall be equal or better than the specifications Performance set forth in Exhibit 7-Appendix F, and (iii) forth
3.4.1. Contractor shall employ and ensure that Subcontractor employs a sufficient number of skilled, qualified skilled and trained Qualified employees to perform the Services.
6.7.1 3.5.2. Contractor shall be responsible for taking any corrective action required to satisfy all warranties required pursuant to the foregoing warrantiesterms and conditions of this Agreement. Within thirty ten (3010) days after of Contractor’s discovery of, or within thirty (30) days after receiving written receipt of notice from any of ACTA, Owner, BNSF or UP Authority of, a breach of the foregoing warranties, Contractor shall at its sole expense remove, repair and/or replace any non-conforming work (work, including parts and materials used in that work), or shall commence reasonable efforts to affect a cure, and shall bear the cost of repair or replacement of any other portions of the Maintained Facilities Service Property or work performed by any other contractor, that is damaged by Contractor’s or Subcontractor’s non-conforming work. Contractor shall repair re-execute at no cost to Authority any work which does not comply with applicable laws, regulations, orders or professional standards or which has not been done in a good and workmanlike manner, all at . Contractor’s sole costobligations under this Section 3.5 shall continue for one year after completion of the Services.
6.7.2 Notwithstanding anything to the contrary in this Agreement, Contractor’s warranty excludes remedy for manufacturer defects, damage or defect caused by abuse or modifications not executed by Contractor or its Subcontractors, improper or insufficient maintenance not performed by Contractor or its Subcontractors, or normal wear and tear under normal usage.
6.7.3 The only warranties made by Contractor in connection with the work are those set forth in this Section 6.73.5.3. Those warranties are exclusive and in lieu of all other warranties, whether statutory, express or implied, including warranties of merchantability, fitness for particular purpose and those arising from course of dealing and usage of trade. ACTA, POLA, POLB, BNSF and UP’s sole and exclusive remedy for warranty nonconformities in the work shall be for Contractor to repair or replace the nonconforming work as provided in this Section 6.7.
6.7.4 If Contractor fails to commence reasonable efforts to affect a cure perform its obligations under this Section 3.5 within a reasonable time of Contractor’s discovery of, or receipt of written notice of, the alleged breach of the foregoing warranties, and thereafter complete such repair and/or replace any non- conforming work within a reasonable time, to the reasonable satisfaction of ACTAAuthority Contract Manager, Owner, BNSF and UP, any of ACTA, Owner, BNSF and/or UP Authority shall have the right, but not the obligation, right to correct and/or replace any work or materials that is/which are defective or which do not comply with the Maintenance Standards; provided, however, that the exercise of such right shall be without prejudice to any other right or remedy such party may have under this Agreementstandards stated in Section 3.5.1. Contractor shall fully reimburse ACTA, Owner, BNSF and/or UP (as applicable) Authority for any expenses incurred by Authority hereunder, including the applicable partyAuthority’s overhead costs (provided, that if such work is done by BNSF and/or UP, overhead costs shall be billed in accordance with such Railroad’s customary billing practices)costs.
6.7.5 3.5.4. Contractor may use equipment provided by Authority to perform work required to correct or address breaches of the warranties provided in this Section 3.5, provided that such use and the performance of that work does not interfere with the work of Authority or any of Authority’s other contractors.
3.5.5. Notwithstanding any of the foregoing, if in the event that Contractor’s work or the work of Contractor or any of its Subcontractors a Subcontractor is not in compliance with this Agreement or and creates a hazard to the public health or safety or the safety of the Authority’s employees or other contractors (and their employees) of ACTA, Owner or either Railroad or to the employees of Contractor or Subcontractor, ACTA Authority Contracting Officer may determine that Authority will undertake at Contractor’s sole expense and without prior notice notice, all Services necessary to correct that such hazardous situation.
6.7.6 3.5.6. Contractor shall require any Subcontractor to undertake and guaranty the same obligations to Contractor as Contractor is required to perform for the Contractor and to ACTA, Owner and Railroads benefit of Authority as are set forth in this Section 6.73.5.
6.7.7 Contractor’s obligations under this Section 6.7 shall continue for three
Appears in 1 contract
Samples: Communications and Signals Maintenance Services Agreement
Warranty of Services. Contractor warrants to ACTA, POLA, POLB, BNSF and UP on behalf of itself and on behalf of any Subcontractor it employs to perform the Services that
(i) all Services performed by Contractor or Subcontractor shall be done in a workmanlike manner, in compliance with all applicable federal, state and local laws, regulations or other valid orders of a governmental agency, and other applicable professional standards and in compliance with the requirements of this Agreement, (ii) all parts, equipment and materials used by Contractor or Subcontractor in provision of the Services shall be equal or better than the specifications set forth in Exhibit 7-Appendix FB, and (iii) Contractor shall employ and ensure that Subcontractor employs a sufficient number of skilled, qualified and trained employees to perform the Services.
6.7.1 Contractor shall be responsible for taking any corrective action required to satisfy the foregoing warranties. Within thirty (30) days after Contractor’s discovery of, or within thirty (30) days after receiving written notice from any of ACTA, Owner, BNSF or UP of, a breach of the foregoing warranties, Contractor shall at its sole expense remove, repair and/or replace any non-conforming work (including parts and materials used in that work), or shall commence reasonable efforts to affect a cure, and shall bear the cost of repair or replacement of any other portions of the Maintained Facilities or work performed by any other contractor, that is damaged by Contractor’s or Subcontractor’s non-conforming work. Contractor shall repair any work which does not comply with applicable laws, regulations, orders or professional standards or which has not been done in a workmanlike manner, all at Contractor’s sole cost.
6.7.2 Notwithstanding anything to the contrary in this Agreement, Contractor’s warranty excludes remedy for manufacturer defects, damage or defect caused by abuse or modifications not executed by Contractor or its Subcontractors, improper or insufficient maintenance not performed by Contractor or its Subcontractors, or normal wear and tear under normal usage.
6.7.3 The only warranties made by Contractor in connection with the work are those set forth in this Section 6.7. Those warranties are exclusive and in lieu of all other warranties, whether statutory, express or implied, including warranties of merchantability, fitness for particular purpose and those arising from course of dealing and usage of trade. ACTA, POLA, POLB, BNSF and UP’s sole and exclusive remedy for warranty nonconformities in the work shall be for Contractor to repair or replace the nonconforming work as provided in this Section 6.7.
6.7.4 If Contractor fails to commence reasonable efforts to affect a cure within a reasonable time of Contractor’s discovery of, or receipt of written notice of, the alleged breach of the foregoing warranties, and thereafter complete such repair and/or replace any non- conforming work within a reasonable time, to the reasonable satisfaction of ACTA, Owner, BNSF and UP, any of ACTA, Owner, BNSF and/or UP shall have the right, but not the obligation, to correct and/or replace any work or materials that is/are defective or do not comply with the Maintenance Standards; provided, however, that the exercise of such right shall be without prejudice to any other right or remedy such party may have under this Agreement. Contractor shall fully reimburse ACTA, Owner, BNSF and/or UP (as applicable) for any expenses incurred hereunder, including the applicable party’s overhead costs (provided, that if such work is done by BNSF and/or UP, overhead costs shall be billed in accordance with such Railroad’s customary billing practices).
6.7.5 Notwithstanding any of the foregoing, if the work of Contractor or any of its Subcontractors is not in compliance with this Agreement or creates a hazard to the public health or safety or the safety of the employees or other contractors (and their employees) of ACTA, Owner or either Railroad or to the employees of Contractor or Subcontractor, ACTA may undertake at Contractor’s sole expense and without prior notice all Services necessary to correct that hazardous situation.
6.7.6 Contractor shall require any Subcontractor to undertake and guaranty the same obligations to the Contractor and to ACTA, Owner and Railroads as are set forth in this Section 6.7.
6.7.7 Contractor’s obligations under this Section 6.7 shall continue for three
Appears in 1 contract
Samples: Maintenance Agreement
Warranty of Services. Contractor The SUPPLIER, as an expert in its business, warrants to ACTACAMACO/AMVIAN that the SERVICES provided shall be: • rendered in accordance with industry standards and all applicable laws and regulations; and, POLA, POLB, BNSF and UP on behalf of itself and on behalf of any Subcontractor it employs to perform the Services that
(i) all Services • performed by Contractor or Subcontractor shall be done in a professional and workmanlike manner; and, in compliance with all applicable federal, state and local laws, regulations or other valid orders of a governmental agency, and other applicable professional standards and • in compliance with the requirements AGREEMENT and otherwise consistent with all standards and specifications agreed to with CAMACO/AMVIAN; and • free of this Agreementany apparent or hidden defect. • in compliance with contractual warranty given by CAMACO/AMVIAN to its CUSTOMER The warranty shall be for a term of, at least, thirty-six (ii36) all parts, equipment and materials used by Contractor or Subcontractor in provision months starting with the date of acceptance of the Services SERVICES by CAMACO/AMVIAN in accordance with the provisions of GPC. Notwithstanding the foregoing, the SERVICES shall be equal or better than the specifications set forth in Exhibit 7-Appendix F, and (iii) Contractor shall employ and ensure that Subcontractor employs a sufficient number of skilled, qualified and trained employees subject to perform the Services.
6.7.1 Contractor shall be responsible for taking any corrective action required to satisfy the foregoing all warranties. Within thirty (30) days after Contractor’s discovery of, or within thirty (30) days after receiving written notice from any of ACTA, Owner, BNSF or UP of, a breach of the foregoing warranties, Contractor shall at its sole expense remove, repair and/or replace any non-conforming work (including parts and materials used in that work), or shall commence reasonable efforts to affect a cure, and shall bear the cost of repair or replacement of any other portions of the Maintained Facilities or work performed by any other contractor, that is damaged by Contractor’s or Subcontractor’s non-conforming work. Contractor shall repair any work which does not comply with applicable laws, regulations, orders or professional standards or which has not been done in a workmanlike manner, all at Contractor’s sole cost.
6.7.2 Notwithstanding anything to the contrary in this Agreement, Contractor’s warranty excludes remedy for manufacturer defects, damage or defect caused by abuse or modifications not executed by Contractor or its Subcontractors, improper or insufficient maintenance not performed by Contractor or its Subcontractors, or normal wear and tear under normal usage.
6.7.3 The only warranties made by Contractor in connection with the work are those set forth in this Section 6.7. Those warranties are exclusive and in lieu of all other warranties, whether statutory, express or implied, including warranties of merchantabilityprovided by applicable law. X(0) X X X X X X X X XXXXXXXX In the event the PRODUCTS and/or SERVICES do not conform to the foregoing warranty, fitness for particular purpose CAMACO/AMVIAN may reject, in whole or in part, such PRODUCTS and/or SERVICES and those arising from course of dealing and usage of trade. ACTASUPPLIER undertakes to immediately, POLAat CAMACO/AMVIAN’s discretion, POLB, BNSF and UP’s sole and exclusive remedy for warranty nonconformities in the work shall be for Contractor to either repair or replace the nonconforming work PRODUCTS or correct or again perform the SERVICE and reimburse all the costs generated by such a non-conformity, as provided soon as possible, without any cost and delivery time impacts to CAMACO/AMVIAN and without prejudice to CAMACO/AMVIAN’s right to terminate the CONTRACT or to any potentialclaim for damages. In the event that PRODUCTS shall be rejected by CAMACO/AMVIAN, such PRODUCTS will be held by CAMACO/AMVIAN for disposal in this Section 6.7.
6.7.4 If Contractor fails accordance with SUPPLIER’s instructions. SUPPLIER’s failure to commence reasonable efforts to affect a cure provide written instructions within a reasonable time of Contractor’s discovery offive (5) days, or receipt a shorter period as may be commercially reasonable under the circumstances, after notice of written notice ofnon-conformity, shall entitle CAMACO/AMVIAN to dispose of the alleged breach PRODUCTS, without liability to SUPPLIER, and to charge the costs of destruction to SUPPLIER. Approval by CAMACO/AMVIAN of any design, drawing, material, process or specifications will not relieve the SUPPLIER of the foregoing warranties, and thereafter complete such repair and/or replace any non- conforming work within a reasonable time, to the reasonable satisfaction of ACTA, Owner, BNSF and UP, any of ACTA, Owner, BNSF and/or UP shall have the right, but not the obligation, to correct and/or replace any work or materials that is/are defective or do not comply with the Maintenance Standards; provided, however, that the exercise of such right shall be without prejudice to any other right or remedy such party may have under this Agreement. Contractor shall fully reimburse ACTA, Owner, BNSF and/or UP (as applicable) for any expenses incurred hereunder, including the applicable party’s overhead costs (provided, that if such work is done by BNSF and/or UP, overhead costs shall be billed in accordance with such Railroad’s customary billing practices).
6.7.5 Notwithstanding any of the foregoing, if the work of Contractor or any of its Subcontractors is not in compliance with this Agreement or creates a hazard to the public health or safety or the safety of the employees or other contractors (and their employees) of ACTA, Owner or either Railroad or to the employees of Contractor or Subcontractor, ACTA may undertake at Contractor’s sole expense and without prior notice all Services necessary to correct that hazardous situation.
6.7.6 Contractor shall require any Subcontractor to undertake and guaranty the same obligations to the Contractor and to ACTA, Owner and Railroads as are set forth in this Section 6.7.
6.7.7 Contractor’s obligations under this Section 6.7 shall continue for three
Appears in 1 contract
Samples: Quality Assurance Agreement