Common use of Defect Liability Period Clause in Contracts

Defect Liability Period. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of [60 (sixty) months from the Completion Date. The Defect Liability Period of 60 months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, Equipment, Specialized Components, Aquatic Species and exhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Contractor shall, after receiving a notice to this effect from the Authority, rectify such defects as soon as possible and to the reasonable satisfaction of the Authority. If the Contractor, after receiving any notice to this effect from the Authority, fails to remedy any defect in the Works performed by it within the Defect Liability Period, the Authority may (at his option), carry out the Works himself or by others, in a reasonable manner and at the cost of the Contractor. In addition to the specification/terms and conditions provided under the Contract for Maintenance Services for Equipment, Specialized Components and exhibits, the Contractor agrees that in the event of failure of any particular part of any Equipment, Specialized Components and exhibits more than three times during the DLP, it shall not be repaired but the complete part shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any Equipment, Specialized Components and exhibits only once. In case it is found that the above mentioned failure is due to some connected part of the Equipment, Specialized Components and exhibits, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. become defective the Contractor shall replace the same at its cost and no repairs shall be allowed.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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Defect Liability Period. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of [60 (sixty) months from the Completion Date. The Defect Liability Period of 60 months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, Equipmentequipment, Specialized Components, Aquatic Species and exhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Contractor shall, after receiving a notice to this effect from the Authority, rectify such defects as soon as possible and to the reasonable satisfaction of the Authority. If the Contractor, after receiving any notice to this effect from the Authority, fails to remedy any defect in the Works performed by it within the Defect Liability Period, the Authority may (at his option), carry out the Works himself or by others, in a reasonable manner and at the cost of the Contractor. In addition to the specification/terms and conditions provided under the Contract for Maintenance Services for Equipmentequipment, Specialized Components and exhibits, the Contractor agrees that in the event of failure of any particular part of any Equipmentequipment, Specialized Components and exhibits more than three times during the DLP, it shall not be repaired but the complete part shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any Equipment, Specialized Components equipment and exhibits only once. In case it is found that the above mentioned failure is due to some connected part of the Equipmentequipment, Specialized Components and exhibits, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. become defective the Contractor shall replace the same at its cost and no repairs shall be allowed.

Appears in 1 contract

Samples: Construction and Maintenance Contract

Defect Liability Period. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of [60 (sixty) months from the Completion Date. The Defect Liability Period of 60 months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, Equipment, Specialized Components, Aquatic Species Equipment and exhibitsExhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Contractor shall, after receiving a notice to this effect from the Authority, rectify such defects as soon as possible and to the reasonable satisfaction of the Authority. If the Contractor, after receiving any notice to this effect from the Authority, fails to remedy any defect in the Works performed by it within the Defect Liability Period, the Authority may (at his option), carry out the Works himself or by others, in a reasonable manner and at the cost of the Contractor. In addition to the specification/terms and conditions provided under the Contract for Maintenance Services for Equipment, Specialized Components Equipment and exhibitsExhibits, the Contractor agrees that in the event of failure of any particular part of any Equipment, Specialized Components Equipment and exhibits Exhibits more than three times during the DLP, it shall not be repaired but the complete part shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any Equipment, Specialized Components Equipment and exhibits Exhibits only once. In case it is found that the above mentioned failure is due to some connected part of the Equipment, Specialized Components Equipment and exhibitsExhibits, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. become defective the Contractor shall replace the same at its cost and no repairs shall be allowed.

Appears in 1 contract

Samples: Construction and Maintenance Contract

Defect Liability Period. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of [60 (sixty) months from the Completion Date. The Defect Liability Period of 60 months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, Equipmentequipment, Specialized Components, Aquatic Species and exhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Contractor shall, after receiving a notice to this effect from the Authority, rectify such defects as soon as possible and to the reasonable satisfaction of the Authority. If the Contractor, after receiving any notice to this effect from the Authority, fails to remedy any defect in the Works performed by it within the Defect Liability Period, the Authority may (at his option), carry out the Works himself or by others, in a reasonable manner and at the cost of the Contractor. In addition to the specification/terms and conditions provided under the Contract for Maintenance Services for Equipmentequipment, Specialized Components and exhibits, the Contractor agrees that in the event of failure of any particular part of any Equipmentequipment, Specialized Components and exhibits more than three times during the DLP, it shall not be repaired but the complete part shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any Equipment, Specialized Components equipment and exhibits only once. In case it is found that the above mentioned failure is due to some connected part of the Equipmentequipment, Specialized Components and exhibits, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. become defective the Contractor shall replace the same at its cost and no repairs shall be allowed.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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Defect Liability Period. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of [60 12 (sixtyTwelve) months from the Completion Date. The Defect Liability Period of 60 12 months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, Equipmentequipment, Specialized Components, Aquatic Species and exhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Contractor shall, after receiving a notice to this effect from the Authority, rectify such defects as soon as possible and to the reasonable satisfaction of the Authority. If the Contractor, after receiving any notice to this effect from the Authority, fails to remedy any defect in the Works performed by it within the Defect Liability Period, the Authority may (at his option), carry out the Works himself or by others, in a reasonable manner and at the cost of the Contractor. In addition to the specification/terms and conditions provided under the Contract for Maintenance Services for Equipment, Specialized Components and exhibits, the Contractor agrees that in the event of failure of any particular part of any Equipment, Specialized Components and exhibits equipment more than three times during the DLP, it shall not be repaired but the complete part shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any Equipment, Specialized Components and exhibits equipment only once. In case it is found that the above above- mentioned failure is due to some connected part of the Equipment, Specialized Components and exhibitsequipment, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. become becomes defective the Contractor shall replace the same at its cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion of such repair or replacement. The Contractor shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any subcontractor to the Authority or to such other person as the Authority may direct. Time limit for rectification of any defect/deficiency is maximum 7 days. Further if the Contractor fails to repair or rectify such Defect or deficiency within the aforementioned period, the Authority at its discretion, may undertake to get the same repaired, rectified or remedied at the Contractor’s cost so as to make the Project conform to the Specifications and Standards and the provisions of this Contract. All costs consequent thereon shall, after due consultation with the Authority and the Contractor, be determined by the Authority. The cost so determined, and an amount equal to 50% (fifty per cent) of such cost as Damages, shall be recoverable by the Authority from the Contractor and may be deducted by the Authority from Performance Guarantee of the Contract.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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