Common use of Subcontractor Warranties Clause in Contracts

Subcontractor Warranties. General Contractor shall use its best efforts to obtain standard vendor warranties for the benefit of GEC (and assignable to Owner on GEC notice) for Equipment with warranty periods equal to or longer than the Warranty Period. GEC shall be expressly responsible for subcontractor and vendor warrantees, even in cases of vendor default. If any such warranties extend beyond the Warranty Period, then they shall be transferred to Owner at the end of the Warranty Period or once GEC’s responsibility for the equipment covered by such warranty has ceased under Section 12.2, whichever is later, together with an assignment to Owner, or other acceptable provision for Owner enforcement or GEC enforcement on behalf of Owner of any security, bond or other performance guarantee with respect to such warranties, and GEC (on a reimbursable basis at GEC’s then effective rates) may act as liaison for Owner with such vendors in prosecuting any warranty claims. During the Warranty Period, GEC shall have primary responsibility with respect to coordination of vendor warranties set forth in Section 12.1 whether or not any defect is also covered by a vendor warranty. GEC’s liability with respect to Equipment and Construction shall include all facets of the project within the GEC’s scope. GEC shall not itself be liable for any Equipment warranties, or for the performance of the Equipment or the performance of any vendors of such Equipment, or for any defects or loss caused by such vendors or Equipment.

Appears in 4 contracts

Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp)

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Subcontractor Warranties. General Contractor shall use its best efforts to obtain standard vendor warranties for the benefit of GEC Contractor (and assignable to Owner on GEC Contractor notice) for Equipment with warranty periods equal to or longer than the Warranty Period. GEC The Contractor shall be expressly responsible for subcontractor and vendor warrantees, even in cases of vendor default. If any such warranties extend beyond the Warranty Period, then they shall be transferred to Owner at the end of the Warranty Period or once GECContractor’s responsibility for the equipment covered by such warranty has ceased under Section 12.2, whichever is later, together with an assignment to Owner, or other acceptable provision for Owner enforcement or GEC Contractor enforcement on behalf of Owner of any security, bond or other performance guarantee with respect to such warranties, and GEC Contractor (on a reimbursable basis at GECContractor’s then effective rates) may act as liaison for Owner with such vendors in prosecuting any warranty claims. During the Warranty Period, GEC Contractor shall have primary responsibility with respect to coordination of vendor warranties set forth in Section 12.1 whether or not any defect is also covered by a vendor warranty. GECContractor’s liability with respect to Equipment and Construction shall include all facets of the project within the GECContractor’s scope. GEC Contractor shall not itself be liable for any Equipment warranties, or for the performance of the Equipment or the performance of any vendors of such Equipment, or for any defects or loss caused by such vendors or Equipment.

Appears in 2 contracts

Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Global Energy, Inc.)

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