Common use of Warranty on Deliverables Clause in Contracts

Warranty on Deliverables. Consultant warrants the Deliverables (including hardware, electrical, electronic, mechanical, and all other system components, including installation, but excluding software), for a period of one (1) year starting with the date of final system acceptance (the “Warranty Period”), to be substantially free of any condition which would make the system fail to perform other than in material accordance with the requirements set forth in this Agreement (each such condition to be considered an “Error”). Consultant specifically warrants that all software (also a Deliverable) shall be free of any condition which could make it fail to perform other than in material accordance with the specifications (each such condition to be considered an “Error”) for a period of 9 months after actual installation of the software. If the City reports to Consultant any Errors in the system during the Warranty Period, then Consultant shall, at its expense, use reasonable commercial efforts to modify or replace the faulty hardware, software, electrical component or other system feature as quickly as reasonably practicable. Where possible, both parties shall attempt to resolve Errors through telephone instruction, issuance of updated documentation, corrective code, or hardware replacement or modification.

Appears in 3 contracts

Samples: Agreement, General Audit Services Agreement, Technology Agreement

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Warranty on Deliverables. Consultant warrants the Deliverables (including hardware, electrical, electronic, mechanical, and all other system components, including installation, but excluding software), for a period the duration of one (1) year the term of this Agreement, including any extensions, starting with the date of final system acceptance (the “Warranty Period”), to be substantially free of any condition which would make the system fail to perform other than in material accordance with the requirements set forth in this Agreement (each such condition to be considered an “Error”). Consultant specifically warrants that all software (also a Deliverable) shall be free of any condition which could make it fail to perform other than in material accordance with the specifications (each such condition to be considered an “Error”) for a period of 9 months after actual installation the duration of the softwareterm of this Agreement, including any extensions. If the City reports to Consultant any Errors in the system during the Warranty Periodterm of this Agreement, including any extensions, then Consultant shall, at its expense, use reasonable commercial efforts to modify or replace the faulty hardware, software, electrical component or other system feature as quickly as reasonably practicable. Where possible, both parties shall attempt to resolve Errors through telephone instruction, issuance of updated documentation, corrective code, or hardware replacement or modification.

Appears in 1 contract

Samples: Technology Consulting Professional Services Sample Contract Agreement

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