Design Warranties Sample Clauses

A Design Warranties clause establishes the obligation of one party, typically the designer or contractor, to guarantee that their design work meets specified standards and requirements. This clause often covers aspects such as compliance with applicable laws, industry standards, and the intended purpose of the project, and may require the design to be free from defects for a certain period. Its core function is to allocate risk and provide assurance to the client that the design will be fit for its intended use, thereby protecting the client from potential losses due to design errors or omissions.
Design Warranties. 7.2.1 Without prejudice to the generality of the foregoing provisions of this Article 7, the Developer represents and warrants that all work performed by the Developer and Sub-Contractor shall be executed with due care and diligence, in conformity with the DPR and Specifications and the other terms of the the Agreement and free of defects and deficiencies, including that: (a) The design and engineering of the Project shall satisfy the minimum requirements set forth in the DPR and Specifications, and shall be free of defects and deficiencies. Such engineering and design shall be such that the Project shall function properly in accordance with the terms of the Agreement and the Specifications and shall meet all design, engineering, safety, and operatability criteria as specified in the DPR and Specifications and the other terms of the Agreement; (b) The fabrication, construction and installation of the Project shall be in accordance with the designs, drawings and DPR and Specifications (including the approved Detailed Design & Drawings) prepared in accordance herewith and approved by Authority/PMC, in accordance with the terms hereof, and all workmanship of the Developer and Sub-Contractors shall be in full conformity with the requirements of the Agreement and free of defects and deficiencies (including latent defects and deficiencies); (c) All plant, equipment and materials shall be new and in full conformity with the Specifications and other requirements of the Agreement, shall be of specified quality and where quality is not specified then of suitable quality for the purposes and uses intended and shall be free of defects and deficiencies (including latent defects); (d) The Mandatory Project shall be adequate, fit and sufficient for the purposes and uses intended and capable of operation in the manner contemplated hereby and as provided in the DPR and Specifications; (e) Without prejudice to the generality of the foregoing, the entire Project shall designed, engineered, constructed, and otherwise implemented and developed so as to ensure that the Assets and the Project Utilities, meet the Design Life. 7.2.2 The Developer's obligation to design, engineer, procure and construct the Project correctly and in accordance with the Agreement and its warranties set forth above shall not be reduced or affected by Authority/PMC/ Nodal Officers approval or grant of NOC, in respect thereof, including for any designs, plans, phasing, drawings or specifications thereof.
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Design Warranties. (a) If all or any part of the Works require the Contractor to assume design obligations then this clause 5.3 applies. (b) The Contractor warrants to Viterra that: i. the design for the Works is suitable, appropriate and adequate for its intended purpose (including, without limitation, having regard to the receival, storage and handling of food and food products at the Site); and ii. it has examined and carefully checked any preliminary design included in any documents provided to the Contractor by Viterra and any such preliminary design is suitable, appropriate and adequate for its intended purpose.
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Design Warranties. The Developer warrant that all design work relating to the Design Documents and the Works will: be completed in accordance with good industry standards, principles and practices using a high level of skill and care; be completed in accordance with the terms of this Agreement; and comply with all Laws and all Consents.
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Design Warranties. The Non-Owner Participant warrants the following to Main Roads: (a) it now has, and will continue to have for the Term, the resources and expertise required to perform its obligations under this Agreement including to undertake the design work in accordance with this Agreement; (b) in undertaking the design work, it has exercised and will continue to exercise Best Practice; (c) the Design Documentation: (i) is suitable, appropriate and adequate to deliver Project Works that will: (A) comply with the requirements of this Agreement; and (B) be Fit for Purpose, having regard to the assumptions that the Non-Owner Participant can be reasonably expected to make in accordance with Best Practice; (ii) has been properly coordinated, including having regard to interface and integration issues between the Project Works and the new Perth Stadium Project; and (iii) complies with the requirements of the SWTC; and (d) it has reviewed the SWTC so as to ensure that there are no material omissions, inconsistencies or errors as to the design, operational, architectural, engineering and technical specifications set out in the SWTC.
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Related to Design Warranties

  • Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.

  • Contractor Warranties 7.12.1 If and to the extent Developer obtains general or limited warranties from any Contractor in favor of Developer with respect to design, materials, workmanship, equipment, tools, supplies, software or services, Developer also shall cause such warranty to be expressly extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Contractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass- marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as Developer or a Lender is diligently pursuing remedies thereunder. To the extent that any Contractor warranty would be voided by reason of Developer's negligence in incorporating material or equipment into the Work, Developer shall be responsible for correcting such defect. 7.12.2 Contractor warranties (if any) are in addition to all rights and remedies available under the CDA Documents or applicable Law or in equity, and shall not limit Developer’s liability or responsibility imposed by the CDA Documents or applicable Law or in equity with respect to the Work, including liability for design Defects, latent construction Defects, strict liability, breach, negligence, willful misconduct or fraud.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.

  • Manufacturer Warranties Prior to the transfer to the Interconnected Transmission Owner of title to the Transmission Owner Interconnection Facilities built by the Interconnection Customer, the Interconnection Customer shall produce documentation satisfactory to the Interconnected Transmission Owner evidencing the transfer to the Interconnected Transmission Owner of all manufacturer warranties for equipment and/or materials purchased by the Interconnection Customer for use and/or installation as part of the Transmission Owner Interconnection Facilities built by the Interconnection Customer.