DESIGN/BUILDER’s General Warranty and Guarantee. 1. Design Builder warrants and guarantees to Owner that all Construction will be in accordance with the Contract Documents and will not be defective. This warranty shall be effective for a period of twelve months from the date of substantial completion and will cover all labor and materials to correct any deficiencies. Design Builder’s warranty and guarantee hereunder excludes defects or damage caused by: a. Abuse, modification or improper maintenance or operation by persons other than Design/Builder, Subcontractors or Suppliers; or b. Normal wear and tear under normal usage. 2. Design Builder’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Design Builder’s obligation to perform the Work in accordance with the Contract Documents: a. Observations by Owner; b. The making of any progress or final payment; c. The issuance of a certificate of Substantial Completion; d. Use or occupancy of the Work or any part thereof by Owner; e. Any acceptance by Owner or any failure to do so; f. Any review and approval of a Submittal; g. Any inspection, test or approval by others; or h. Any correction of defective Construction by Owner
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DESIGN/BUILDER’s General Warranty and Guarantee. 1. Design Builder warrants and guarantees to Owner that all Construction will be in accordance with the Contract Documents and will not be defective. This warranty shall be effective for a period of twelve months from the date of substantial completion and will cover all labor and materials to correct any deficiencies. Design Builder’s warranty and guarantee hereunder excludes defects or damage caused by:
a. Abuse, modification or improper maintenance or operation by persons other than Design/Builder, Subcontractors or Suppliers; or
b. Normal wear and tear under normal usage.
2. Design Builder’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Design Builder’s obligation to perform the Work in accordance with the Contract Documents:
a. Observations by Owner;
b. The making of any progress or final payment;
c. The issuance of a certificate of Substantial Completion;
d. Use or occupancy of the Work or any part thereof by Owner;
e. Any acceptance by Owner or any failure to do so;
f. Any review and approval of a Submittal;
g. Any inspection, test or approval by others; or
h. Any correction of defective Construction by Owner.
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