Common use of Workmanship Warranty Clause in Contracts

Workmanship Warranty. Contractor warrants and represents that all services and Deliverables shall meet the completion criteria set forth in the Contract or any relevant Transaction Document, and that each of Contractor's services shall be performed in a professional and workmanlike manner in accordance with the highest applicable industry standards and according to its current description (including any completion criteria) contained in this Contract, an attachment, or a Transaction Document. A claim that specific services provided by Contractor did not meet the “highest applicable professional standards” must be made by ITS within ninety (90) days after the date on which the breach occurred. In the event that there has been a breach of the foregoing warranty and the Transaction Document does not provide a specific remedy for the breach of that warranty, ITS’ remedies under this warranty will be: (1) cure by Contractor within a reasonable time, not to exceed thirty (30) days, at no charge to ITS; and (2) if Contractor does not cure within the thirty (30) day period, ITS will be entitled to a refund of the amounts paid to Contractor for the service or part thereof that gave rise to the claim. This warranty is in addition to, and not in lieu of, any other warranty under this Contract or other remedies that may be provided in a Transaction Document under this Contract. In addition, the foregoing does not limit ITS’ right to seek additional remedies against Contractor for any damage caused by Contractor to hardware or other products acquired under this Contract (for example, damages incurred by ITS as a result of hardware being rendered unusable). In addition, if a Transaction Document identifies a fixed price Deliverable, Contractor will warrant that the Deliverable is fit for use by ITS (“fitness for use warranty”) for a thirty (30) day period from Deliverable acceptance by ITS, as "Deliverable Acceptance" is defined below in this Contract. The remedies available to ITS in the event that Contractor breaches this additional fitness for use warranty shall be specified in the applicable Transaction Document. If no remedy for the breach of the fitness for use remedy is specified, ITS' remedies will be: (1) ITS will be entitled to return the fixed price Deliverable at no charge, including shipping, to Contractor; and (2) ITS will be entitled to a refund of all amounts paid to Contractor for the fixed price Deliverable. The Parties agree that custom programming may be provided to ITS pursuant to the terms of this Contract only if it is identified as a fixed price Deliverable. The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of any hardware capacity or capability, other than that authorized by Contractor in writing), accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by ITS, or failure caused by a product for which Contractor is not responsible.

Workmanship Warranty. Contractor warrants and represents that all services and Deliverables shall meet the completion criteria set forth in the Contract or any relevant Transaction DocumentSOW or DED, and that each of Contractor's services shall be performed in a professional and workmanlike manner in accordance with the highest applicable industry standards and according to its current description (including any completion criteria) contained in this the Contract, an attachment, an SOW, or a Transaction DocumentDED. A claim that specific services provided by Contractor did not meet the “highest applicable professional standards” must be made by ITS within ninety (90) days after the date on which the breach occurred. For purposes of the Contract, “highest applicable industry standards” shall be defined as the degree of care, skill, efficiency, and diligence that a prudent person possessing technical expertise in the subject area and acting in a like capacity would exercise in similar circumstances. In the event that there has been a breach of the foregoing warranty and the Transaction Document SOW or DED does not provide a specific remedy for the breach of that warranty, ITS’ remedies under this warranty will be: (1) cure by Contractor within a reasonable time, not to exceed thirty (30) days, at no charge to ITS; and (2) if Contractor does not cure within the thirty (30) day period, ITS will be entitled to a refund of the amounts paid to Contractor for the service or part thereof that gave rise to the claim. This warranty is in addition to, and not in lieu of, any other warranty under this the Contract or other remedies that may be provided in a Transaction Document an SOW or DED under this the Contract. In addition, the foregoing does not limit ITS’ right to seek additional remedies against Contractor for any damage caused by Contractor to hardware or other products acquired under this Contract owned by the State (for example, damages incurred by ITS as a result of hardware being rendered unusable). In additionAdditionally, if a Transaction Document identifies a for fixed price DeliverableDeliverables, Contractor will warrant warrants that the Deliverable is will be fit for use by ITS (“fitness for use warranty”) for a thirty (30) day period from Deliverable acceptance by ITS, as "Deliverable Acceptance" is defined below in this the Contract. The remedies available to ITS in the event that Contractor breaches this additional fitness for use warranty shall be specified in the applicable Transaction Document. If no remedy for the breach of the fitness for use remedy is specified, ITS' remedies will be: (1) ITS will be entitled to return the fixed price Deliverable at no charge, including shipping, to Contractor; and (2) ITS will be entitled to a refund of all amounts paid to Contractor for the fixed price Deliverable. The Parties agree that custom programming may be provided to ITS pursuant to the terms of this the Contract only if it is identified as a fixed price Deliverable. The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of any hardware capacity or capability, other than that authorized by Contractor in writing)misuse, accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by ITS, or failure caused by a product Deliverable for which Contractor is not responsible.

Workmanship Warranty. Contractor warrants and represents that all services and Deliverables shall meet the completion criteria set forth in the Contract or any relevant Transaction DocumentWork Assignment, and that each of Contractor's services shall be performed in a professional and workmanlike manner in accordance with the highest applicable industry standards and according to its current description (including any completion criteria) contained in this the Contract, an attachment, or a Transaction DocumentWork Assignment. A claim that specific services provided by Contractor did not meet the “highest applicable professional standards” must be made by ITS within ninety (90) days after the date on which the breach occurred. In the event that there has been a breach of the foregoing warranty and the Transaction Document Work Assignment does not provide a specific remedy for the breach of that warranty, ITS’ remedies under this warranty will be: (1) cure by Contractor within a reasonable time, not to exceed thirty (30) days, at no charge to ITS; and (2) if Contractor does not cure within the thirty (30) day period, ITS will be entitled to a refund of the amounts paid to Contractor for the service or part thereof that gave rise to the claim. This warranty is in addition to, and not in lieu of, any other warranty under this the Contract or other remedies that may be provided in a Transaction Document Work Assignment under this the Contract. In addition, the foregoing does not limit ITS’ right to seek additional remedies against Contractor for any damage caused by Contractor to hardware or other products acquired under this the Contract (for example, damages incurred by ITS as a result of hardware being rendered unusable). In addition, if a Transaction Document identifies a fixed price Deliverable, Contractor will warrant that the Deliverable is fit for use by ITS (“fitness for use warranty”) for a thirty (30) day period from Deliverable acceptance by ITS, as "Deliverable Acceptance" is defined below in this Contract. The remedies available to ITS in the event that Contractor breaches this additional fitness for use warranty shall be specified in the applicable Transaction Document. If no remedy for the breach of the fitness for use remedy is specified, ITS' remedies will be: (1) ITS will be entitled to return the fixed price Deliverable at no charge, including shipping, to Contractor; and (2) ITS will be entitled to a refund of all amounts paid to Contractor for the fixed price Deliverable. The Parties agree that custom programming may be provided to ITS pursuant to the terms of this Contract only if it is identified as a fixed price Deliverable. The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of any hardware capacity or capability, other than that authorized by Contractor in writing), accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by ITS, or failure caused by a product for which Contractor is not responsible.

Workmanship Warranty. Contractor warrants and represents that all services and Deliverables shall meet the completion criteria set forth in the Contract or any relevant Transaction Document, and that each of Contractor's services shall be performed in a professional and workmanlike manner in accordance with the highest applicable industry standards and according to its current description (including any completion criteria) contained in this Contract, an attachment, or a Transaction Document. A claim that specific services provided by Contractor did not meet the “highest applicable professional standards” must be made by ITS within ninety (90) days after the date on which the breach occurred. In the event that there has been a breach of the foregoing warranty and the Transaction Document does not provide a specific remedy for the breach of that warranty, ITS’ remedies under this warranty will be: (1) cure by Contractor within a reasonable time, not to exceed thirty (30) days, at no charge to ITS; and (2) if Contractor does not cure within the thirty (30) day period, or other period agreed by the Parties, ITS will be entitled to a refund of the amounts paid to Contractor for the service or part thereof that gave rise to the claim. This warranty is in addition to, and not in lieu of, any other warranty under this Contract or other remedies that may be provided in a Transaction Document under this Contract. In addition, the foregoing does not limit ITS’ right to seek additional remedies against Contractor for any damage caused by Contractor to hardware or other products acquired under this Contract (for example, damages incurred by ITS as a result of hardware being rendered unusable). In addition, if a Transaction Document identifies a fixed price Deliverable, Contractor will warrant that the Deliverable is fit for use by ITS (“fitness for use warranty”) for a thirty (30) day period from Deliverable acceptance by ITS, as "Deliverable Acceptance" is defined below in this Contract. The remedies available to ITS in the event that Contractor breaches this additional fitness for use warranty shall be specified in the applicable Transaction Document. If no remedy for the breach of the fitness for use remedy is specified, ITS' remedies will be: (1) ITS will be entitled to return the fixed price Deliverable at no charge, including shipping, to Contractor; and (2) ITS will be entitled to a refund of all amounts paid to Contractor for the fixed price Deliverable. The Parties agree that custom programming may be provided to ITS pursuant to the terms of this Contract only if it is identified as a fixed price Deliverable. The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of any hardware capacity or capability, other than that authorized by Contractor in writing), accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by ITS, or failure caused by a product for which Contractor is not responsible.and

Workmanship Warranty. Contractor warrants and represents that all services and Deliverables shall meet the completion criteria set forth in the Contract or any relevant Transaction DocumentSOW or DED, and that each of Contractor's services shall be performed in a professional and workmanlike manner in accordance with the highest applicable industry standards and according to its current description (including any completion criteria) contained in this the Contract, an attachment, an SOW, or a Transaction DocumentDED. A claim that specific services provided by Contractor did not meet the “highest applicable professional standards” must be made by ITS within ninety (90) days after the date on which the breach occurred. For purposes of the Contract, “highest applicable industry standards” shall be defined as the degree of care, skill, efficiency, and diligence that a prudent person possessing technical expertise in the subject area and acting in a like capacity would exercise in similar circumstances. In the event that there has been a breach of the foregoing warranty and the Transaction Document SOW or DED does not provide a specific remedy for the breach of that warranty, ITS’ remedies under this warranty will be: (1) cure by Contractor within a reasonable time, not to exceed thirty (30) days, at no charge to ITS; and (2) if Contractor does not cure within the thirty (30) day period, ITS will be entitled to a refund of the amounts paid to Contractor for the service or part thereof that gave rise to the claim. This warranty is in addition to, and not in lieu of, any other warranty under this the Contract or other remedies that may be provided in a Transaction Document an SOW or DED under this the Contract. In addition, the foregoing does not limit ITS’ right to seek additional remedies against Contractor for any damage caused by Contractor to hardware or other products acquired under this Contract owned by the State (for example, damages incurred by ITS as a result of hardware being rendered unusable). In additionAdditionally, if a Transaction Document identifies a for not-to-exceed fixed price DeliverableDeliverables, Contractor will warrant warrants that the Deliverable is will be fit for use by ITS (“fitness for use warranty”) for a thirty (30) day period from Deliverable acceptance by ITS, as "Deliverable Acceptance" is defined below in this the Contract. The remedies available to ITS in the event that Contractor breaches this additional fitness for use warranty shall be specified in the applicable Transaction Document. If no remedy for the breach of the fitness for use remedy is specified, ITS' remedies will be: (1) ITS will be entitled to return the not-to-exceed fixed price Deliverable at no charge, including shipping, to Contractor; and (2) ITS will be entitled to a refund of all amounts paid to Contractor for the not-to-exceed fixed price Deliverable. The Parties agree that custom programming may be provided to ITS pursuant to the terms of this the Contract only if it is identified as a not-to-exceed fixed price Deliverable. The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of any hardware capacity or capability, other than that authorized by Contractor in writing)misuse, accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by ITS, or failure caused by a product Deliverable for which Contractor is not responsible.

Workmanship Warranty. Contractor warrants and represents that all services and Deliverables shall meet the completion criteria set forth in the Contract or any relevant Transaction Documenttransactional document, and that each of Contractor's services shall be performed in a professional and workmanlike manner in accordance with the highest applicable industry standards and according to its current description (including any completion criteria) contained in this Contract, an attachment, or a Transaction Documenttransactional document. A claim that specific services provided by Contractor did not meet the “highest applicable professional standards” must be made by ITS within ninety (90) days after the date on which the breach occurred. In the event that there has been a breach of the foregoing warranty and the Transaction Document transactional document does not provide a specific remedy for the breach of that warranty, ITS’ remedies under this warranty will be: (1) cure by Contractor within a reasonable time, not to exceed thirty (30) days, at no charge to ITS; and (2) if Contractor does not cure within the thirty (30) day period, ITS will be entitled to a refund of the amounts paid to Contractor for the service or part thereof that gave rise to the claim. This warranty is in addition to, and not in lieu of, any other warranty under this Contract or other remedies that may be provided in a Transaction Document transactional document under this Contract. In addition, the foregoing does not limit ITS’ right to seek additional remedies against Contractor for any damage caused by Contractor to hardware or other products acquired under this Contract (for example, damages incurred by ITS as a result of hardware being rendered unusable). In addition, if a Transaction Document transactional document identifies a fixed price Deliverable, Contractor will warrant that the Deliverable is fit for use by ITS (“fitness for use warranty”) for a thirty (30) day period from Deliverable acceptance by ITS, as "Deliverable Acceptance" is defined below in this Contract. The remedies available to ITS in the event that Contractor breaches this additional fitness for use warranty shall be specified in the applicable Transaction Documenttransactional document. If no remedy for the breach of the fitness for use remedy is specified, ITS' remedies will be: (1) ITS will be entitled to return the fixed price Deliverable at no charge, including shipping, to Contractor; and (2) ITS will be entitled to a refund of all amounts paid to Contractor for the fixed price Deliverable. The Parties agree that custom programming may be provided to ITS pursuant to the terms of this Contract only if it is identified as a fixed price Deliverable. The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of any hardware capacity or capability, other than that authorized by Contractor in writing), accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment, improper maintenance by ITS, or failure caused by a product for which Contractor is not responsible.and