Common use of Making Good Defects Clause in Contracts

Making Good Defects. The Contractor shall be responsible for rectifying or making good by correction, repair or replacement with all possible speed at its expense any error in, defect or damage to any part of the Works or any other failure of the Works to comply with the Contract which may appear or occur during the relevant Defects Liability Period and which arises either: (a) from any defective materials, workmanship or design (other than a design made, furnished, or specified by the Engineer and with which the Contractor has disagreed in writing within a reasonable time after receipt of it); or (b) from any act or omission of the Contractor its agents, employees or Sub-contractors. If any such defect shall appear or damage occur the Purchaser or the Engineer shall promptly on becoming aware thereof inform the Contractor thereof stating in writing the nature of the defect or damage. The Purchaser shall permit the Contractor access to the Site and the Plant for the purposes of rectifying or making good such defect or damage in accordance with a remedial program prepared by the Purchaser in consultation with the operations and maintenance contractor and agreed with the Contractor. The Contractor shall expedite the rectification and making good as required by such remedial program at its own cost and shall comply with applicable safety, environmental and security regulations during the performance of such work. Making good shall include making good the equipment concerned on all units by modification, repair or replacement regardless of whether they have previously been taken over or not and provision of modified drawings and operation and maintenance manuals. When the Contractor has completed to the satisfaction of the Engineer all such rectification and making good as may be required in respect of any part of the Works and the relevant Defects Liability Period has expired, the Engineer shall in respect of that part of the Works issue a Defects Liability Certificate in the form and substance as set out in Appendix 21. The aforementioned warranty obligations of the Contractor during the Defects Liability Period under this Clause 36 do not extend to (i) any repairs, adjustments, alterations, replacements or maintenance of materials that are required solely as a result of (a) normal wear and tear in the operation of the Biodiesel Project or (b) the Purchaser's failure to operate and maintain the Biodiesel Project in accordance with the operating and maintenance specifications set forth in the Contractor's operation and maintenance manuals or (ii) any warranty obligation in respect of items of equipment, materials or services supplied by the Purchaser or other contractors engaged by the Purchaser.