DESIGN AND WORKMANSHIP Clause Samples

The DESIGN AND WORKMANSHIP clause sets standards for the quality and suitability of both the design and the execution of work in a contract. It typically requires that all designs, materials, and workmanship meet specified criteria, such as being fit for purpose, compliant with regulations, and performed to a professional standard. For example, it may obligate a contractor to use approved materials and ensure that construction methods follow industry best practices. This clause ensures that the final deliverables are reliable, safe, and meet the expectations set out in the contract, thereby reducing the risk of defects or failures.
DESIGN AND WORKMANSHIP written waiver from the Subcontractor's employees or sub-consultants of any rights that they may have in respect of the same. The Subcontractor shall supply to the Contractor on request (after as well as before the termination of this Subcontract under these Conditions) copies of the Documents. Without prejudice to any implied warranties or conditions, the Subcontractor acknowledges warrants and agrees with the Contractor that: it has full responsibility for all aspects of the design and design development of the Subcontract Works which the Subcontractor is required to design (including any design for such parts contained in the Subcontract Order (whether or not prepared by or on behalf of the Employer and/or the Contractor), by any provision of this Subcontract; it is experienced in carrying out work of a similar type, nature and complexity to the Subcontract Works; it has and will execute the design of the Subcontract Works using all the reasonable skill, care and diligence reasonably to be expected of a skilled and competent architect, engineer or other appropriate professional designer holding itself out as competent to take on design work for work of a similar type, nature and complexity to the Subcontract Works; it will execute the design and construction of the Subcontract Works in accordance: (a) with good up to date practice taking account of all prevailing codes of practice, BSI British Standards/The National Standards Body recommendations, manufacturers recommendation; and (b) any relevant construction phase plan; the Subcontract Works when completed will comply with the Statutory Requirements, the Necessary Consents, all environmental requirements and any performance specification or requirement included in or reasonably to be inferred from the Subcontract or from any change to the same. it is deemed to have included for all things necessary to complete the Subcontract Works whether set out in the Subcontract or otherwise; If the provision of the Subcontract Works by the Subcontractor leads to or would lead to the infringement of any patent, copyright, design or other proprietary right or any other intellectual property right of any third party the Subcontractor shall indemnify the Contractor against all resulting costs, claims, demands, actions or damages.
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DESIGN AND WORKMANSHIP. The Installation Contractor shall carry out and complete the Installation Works with due skill, care and diligence so as to comply with the provisions of this Agreement, the Programme, all applicable Laws, the Lender's Performance Standards, Prudent Practice, Industry Standards including in relation to the applicable standards and technical requirements for the Works as set out in the Statement of Work, with properly equipped facilities and non-hazardous materials, except as otherwise specified in this Agreement. The Installation Contractor is fully responsible for the design and engineering of the Balance of Plant. In relation to the design and engineering of the Balance of Plant, the Installation Contractor warrants and undertakes to the Project Company that: it shall meet the standards of a Reasonable and Prudent Operator; the various elements of the design and engineering of the Balance of Plant shall be properly coordinated and integrated with one another; the Balance of Plant shall be fit for the use and purpose for which the Installation Works is intended; and the Installation Contractor shall liaise with the Supplier and share with the Supplier all information, designs, technical specifications, drawings and data as may be necessary to ensure that: the Balance of Plant will coordinate and integrate with the PV System and Spare Parts; the Supplier can design and engineer the PV System and Spare Parts in order to coordinate and integrate with the Balance of Plant; and the Facility shall be fit for the use and purpose for which the Facility is intended.1 The Installation Contractor warrants that the Installation Works shall: comprise new plant and materials; not contain any materials which at the time of use in the Works do not conform with Industry Standards; conform to all the specifications set out in this Agreement (including the Statement of Work); and be free from Defects in material, workmanship and title. At the time title to the Balance of Plant or any part of the Balance of Plant passes to the Project Company pursuant to Clause 11 (Ownership and Title): the Project Company shall have good and marketable title to the Balance of Plant; no instrument or other document shall be required to be delivered to the Project Company in order to evidence such title; or if any such instrument or other document is so required, then the Installation Contractor shall have delivered such instrument or other document to the Project Company and no component par...
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DESIGN AND WORKMANSHIP. This section excludes and does not cover the costs rendered necessary by defects of material, workmanship, design, plan or specification and should damage occur to any portion of the property insured containing any of the said defects the costs of replacement or rectification which is excluded is that cost which would have been incurred if replacement or rectification of the property insured had been put in hand immediately prior to the damage. For the purpose of this policy and not merely this exclusion the property insured shall not be regarded as damaged solely by virtue of the existence of any defect in design, plan, specification, materials or workmanship in the property insured or any part thereof.
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DESIGN AND WORKMANSHIP. Buyer acknowledges that H&H is not responsible for the design of goods or services purchased and did not participate in any project design in connection with such goods or services. (a) Goods shall be fabricated in accordance with the contract drawings and specifications furnished by the Buyer and shop drawings approved by Buyer or its representative. (b) H&H shall not be responsible for the suitability, adequacy or legality of use of any designs, plans and specifications, and the Buyer shall indemnify H&H for any loss, damages and expenses incurred by or charged against H&H by reason of any alleged patent or copyright infringement, personal injury or property damage allegedly arising out of the use of designs, plans, and specifications furnished by Buyer for the goods. (c) Once shop drawings are approved by ▇▇▇▇▇, ▇▇▇▇▇ shall reimburse H&H for all expenses resulting from changes thereto. Buyer shall compensate H&H for any and all extra work requested by ▇▇▇▇▇ and performed by H&H outside the limits of H&H’s proposal. If H&H and Buyer do not reach agreement as to compensation and any change to the project schedule resulting from such extra work, H&H shall not be responsible for the extra work.
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Related to DESIGN AND WORKMANSHIP

  • MATERIALS AND WORKMANSHIP (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. (b) Seller shall obtain Company approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by Company, Seller shall also obtain Company's approval of the material or articles which Seller contemplates incorporating into the work. When so directed, Seller shall submit samples for approval at Seller's expense. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) References in the specifications or drawings to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Seller may, with Company's written approval, use any equipment, material, article, or process that is equal to that specified, unless the words "No Substitution" follow the listing of the item in the specifications or drawings. Unless otherwise agreed, modifications due to use of “or equal” supplies, is at Seller’s expense. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. Company may require, in writing, Seller to remove from the work any employee Company deems incompetent, careless, or otherwise objectionable.

  • WORKMANSHIP AND MATERIALS 1.10.1 Contractor shall furnish all supervision, labor, transportation, materials, tools and equipment necessary to satisfactorily complete the service in a manner consistent with the Project Manager’s plan and schedule. Contractor’s equipment shall be of the size and type appropriate for completing the various types of work described in the contract or any associating Purchase Order. Contractor shall ensure that any equipment considered by the Project Manager to be improper or inadequate for this purpose is removed from the site and replaced with satisfactory equipment. 1.10.2 All work performed under this contract shall be completed in accordance with local, state, and national codes and standards, and other recognized industry standards associated with the work. 1.10.3 The Contractor guarantees that all materials shall be of the best quality, that all work shall be done in a professional manner, and that all aspects of the project will be delivered in good working order, complete and perfect in every respect, and that all systems and materials necessary to make the project completely operational as contemplated by the above description of the project, even if those systems and materials are not specifically described in this Contract, shall be included in the contract price. 1.10.4 Contractor shall ensure that all supplies, equipment and machines shall be kept free of traffic lanes or other areas that may be hazardous. Contractor shall further ensure that all dirt and debris resulting from the work under this contract shall be disposed of at the end of each day or at the completion of work in each building. 1.10.5 Contractor shall, at no additional cost to the State, repair furnishings, equipment, facilities or other property of the State damaged by Contractor, its officers, employees, agents, contractors, subcontractors and invitees. Contractor acknowledges that the determination of the need for, and extent of, any repair work shall be made at the sole discretion of the Project Manager.

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.

  • Equipment and Materials CONTRACTOR shall provide all equipment, materials, and supplies necessary for the performance on the Agreement except: