MATERIALS AND EQUIPMENT WARRANTY Sample Clauses

MATERIALS AND EQUIPMENT WARRANTY a. Materials and equipment to be installed as part of the Work (both or either of which are hereinafter referred to as “materials”) shall be as specified and approved by the Participant and used in accordance with the best construction practices.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
MATERIALS AND EQUIPMENT WARRANTY. The CONTRACTOR warrants to the OWNER that all materials furnished under this Contract will be new unless otherwise specified and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the OWNER, the CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials. This warranty is not limited by, but is in addition to the provisions of Article 14.00.
Sample 1
MATERIALS AND EQUIPMENT WARRANTY. All materials and equipment incorporated into the Project under the Contract (but excluding the tools and construction equipment owned or rented by Contractor or its Subcontractors for the purposes of completing the installation of the Improvement Measures) shall be of good quality, new and free from defects unless otherwise expressly required or permitted by the Contract. Materials and equipment not conforming to these requirements shall be deemed to be “Non- Conforming Work.” Contractor will promptly re- perform any Non-Conforming Work for no charge, as long as MPS provides written notice to Contractor within one (1) year following Substantial Completion or such other period identified in Appendix B (such time period shall be the “Workmanship Warranty Period”). During the Workmanship Warranty Period only, MPS shall also have the benefit of any implied warranties relating to the Work, including without limitation warranties of merchantability and fitness for particular purpose. Contractor shall also assign and transfer to MPS the benefits of any end-user warranties relating to goods or equipment incorporated into the Work. The foregoing remedies with respect to the Work, together with any remedy provided by goods or equipment manufacturers, shall be MPS’ sole and exclusive remedies for warranty claims. These exclusive remedies shall not have failed of their essential purpose so long as Contractor transfers the benefits of any goods or equipment end- user warranty to MPS and remains willing to re- perform any Non-Conforming Work for no charge within the Workmanship Warranty Period. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS SECTION 6, NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE PROVIDED BY CONTRACTOR. This warranty does not extend to any Work that has been abused, altered, or misused, or repaired by MPS or third parties without the supervision or prior written approval of Contractor. Except (i) with respect to goods or equipment manufactured by Contractor and furnished to MPS hereunder, for which Contractor shall provide its express written manufacturer’s warranty, and (ii) during the Workmanship Warranty Period, Contractor shall not be considered a merchant or vendor of goods or equipment. Contractor shall store materials and equipment only in areas designated by MPS and shall reasonably remove, as construction of the Project progresses, any tools and construction equipme...
Sample 1

Related to MATERIALS AND EQUIPMENT WARRANTY

  • Materials and Equipment ‌ Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance. Materials and Equipment shall be priced in accordance with the terms of the task order award, contract type, and applicable FAR and agency-specific regulatory supplements. Unless otherwise directed by task order terms and conditions, the Contractor may apply indirect costs to materials and equipment consistent with the Contractor’s usual accounting practices.

  • Services, Materials, and Equipment Unless otherwise specified, the Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities, incidentals, and services necessary for the construction, performance, testing, start-up, inspection and completion of the Work.

  • Quality of Materials and Workmanship Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials and work. The burden of proof is on the Contractor.

  • MATERIALS AND WORKMANSHIP Unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new. All workmanship shall be first class and by persons qualified in the respective trades.

  • Equipment Warranty Sunrun warrants all equipment for the duration of the Initial Term. If parts fail during the term of this Agreement, Sunrun will use commercially reasonable efforts to replace them with like equipment; however, you acknowledge that due to parts availability and other factors, this may not be possible. Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in Section D.

  • Basic Equipment Warranty The Contractor warrants that all equipment rented or supplied under this Agreement shall be in good working order and shall conform to the needs specified by the Judicial Council. The Contractor shall immediately replace any inoperative equipment with operative equipment, or make all adjustments, repairs, and parts replacements required to maintain the equipment rented or supplied hereunder in working condition.

  • Materials and Supplies The cost of materials and supplies is allowable. Purchases should be charged at their actual prices after deducting all cash discounts, trade discounts, rebates, and allowances received. Withdrawals from general stores or stockrooms should be charged at cost under any recognized method of pricing, consistently applied. Incoming transportation charges are a proper part of materials and supply costs.

  • Contractor Warranty The Contractor agrees to the following representation and warranty: Should any defect or deficiency in any deliverable, or the remedy of such defect or deficiency, cause incorrect data to be introduced into any Customer’s database or cause data to be lost, the Contractor shall be required to correct and reconstruct, within the timeframe established by the Customer, all production, test, acceptance, and training files or databases affected, at no additional cost to the Customer.

  • Materials and Improvements Title to materials, improvements, and other property required of PURCHASER by this contract shall vest in and become the property of STATE at the time such are furnished by PURCHASER and accepted by STATE. Only materials, improvements, and property free and clear of liens, claims, and encumbrances shall be furnished by PURCHASER. All existing improvements located on State land, and any improvements placed on State land by PURCHASER which become the property of STATE, shall be safeguarded by PURCHASER. If such improvements are injured, damaged, or removed from the areas of operations by PURCHASER or by contractors of PURCHASER, such improvements shall be repaired (or replaced, in the event of removal,) as soon as possible by PURCHASER, without cost to STATE.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

Time is Money Join Law Insider Premium to draft better contracts faster.