Performance of Warranty Work Clause Samples

The "Performance of Warranty Work" clause defines the obligations and procedures for a party to repair, replace, or otherwise remedy defects covered under a warranty. Typically, this clause outlines the timeframe within which warranty work must be performed, the standards or specifications to be met, and the process for notifying the responsible party of defects. For example, it may require the contractor to respond to warranty claims within a set number of days and to complete repairs at no additional cost to the client. The core function of this clause is to ensure that any defects arising during the warranty period are addressed promptly and effectively, thereby protecting the interests of the party receiving the goods or services and maintaining the quality and reliability of the deliverables.
Performance of Warranty Work. From and after the Closing, Sellers’ hereby retain Buyer as their subcontractor to administer and respond on their behalves to any warranty claims related to products sold or services performed in the Business prior to the Closing, including, as necessary, to perform any warranty service work, repairs, replacements or otherwise fulfill the applicable Seller’s warranty obligations (collectively, the “Warranty Work”). Such Warranty Work shall be performed by Buyer in a manner consistent with Buyer’s handling of warranty work on its own precast products in the ordinary course of Buyer’s business. For the avoidance of doubt, such warranty obligations of the Sellers are Excluded Liabilities. The Sellers and the Buyer shall consult with each other regarding the nature of any Warranty Work that may be required from time to time. The applicable Seller shall reimburse Buyer for its direct labor and material costs incurred in connection with any Warranty Work, plus an amount for overhead equal to ten percent (10%) of such direct costs. The Buyer shall invoice the applicable Seller monthly for any Warranty Work performed by the Buyer on its behalf and the applicable Seller shall pay such invoices within thirty (30) days after receipt thereof. Any sales or similar taxes will be separately invoiced to the applicable Seller and payable on demand. If Buyer provides a credit or other financial consideration to any customer in lieu of performing any Warranty Work, Sellers shall reimburse Buyer for such credit or set-off, provided that Buyer obtains the applicable Seller’s consent, not to be unreasonably withheld or delayed.
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Performance of Warranty Work. The Design-Builder acknowledges that time is of the essence in the performance of all Warranty Work required under this Section in light of the Project’s essential public purpose. Accordingly, all Warranty Work shall be performed in accordance with the Contract Standards and within the minimum amount of time required in accordance with Good Engineering and Construction Practice. The Design-Builder shall perform or cause to be performed all Warranty Work performed under this Section in a manner that will minimize interference with the ongoing operations of the Project and the City Distribution System. The Design-Builder shall provide a written plan for all proposed Warranty Work (unless expressly waived by the City).
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Performance of Warranty Work. COMPENSATION. Dealer shall perform all warranty service work requested for Excelsior-▇▇▇▇▇▇▇▇▇ Products, regardless of whether such Products were purchased from Dealer. Excelsior-▇▇▇▇▇▇▇▇▇ shall provide compensation to Dealer for labor and Excelsior-▇▇▇▇▇▇▇▇▇ parts used in the performance of Excelsior-▇▇▇▇▇▇▇▇▇ warranty work in such reasonable amounts, and subject to such terms and conditions, as Excelsior-▇▇▇▇▇▇▇▇▇ may from time to time establish. Dealer shall not charge any customer for any work covered by an Excelsior-▇▇▇▇▇▇▇▇▇ warranty and reimbursed from Excelsior-▇▇▇▇▇▇▇▇▇ to Dealer. Dealer shall use Excelsior-▇▇▇▇▇▇▇▇▇ parts in work performed under the Excelsior-▇▇▇▇▇▇▇▇▇ customer warranty or otherwise reimbursed by Excelsior-▇▇▇▇▇▇▇▇▇. The determination whether any work is covered under the Excelsior-▇▇▇▇▇▇▇▇▇ limited customer warranty shall be made solely by Excelsior-▇▇▇▇▇▇▇▇▇. Notwithstanding the foregoing, Dealer, as an independent contractor, shall bear sole responsibility for and shall be solely liable for, the manner of performance by Dealer of any and all warranty service and repairs.
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Performance of Warranty Work. Licensee will, as requested by Owner, perform all warranty service work that has been pre-approved by Owner and is covered by Owner’s standard warranty on Ashley Products. Licensee will follow the procedures established by Owner when providing or performing warranty service work on Ashley Products and in dealing with customer warranty claims. Licensee acknowledges that Owner will only reimburse Licensee for costs or charges, that have been pre-approved by Owner, which Licensee incurs in performing warranty work covered by Owner’s standard warranty for Ashley Products.
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Performance of Warranty Work. The Design-Build Contractor acknowledges that time is of the essence in the performance of all Warranty Work required under this Article in light of the Project’s essential public purpose. Accordingly, all Warranty Work required under this Article shall be performed in accordance with the Design-Build Standards and, without limiting any of the specific time requirements set forth in subsection (B) of this Section, within the minimum amount of time required in accordance with Good Engineering and Construction Practice. The Design-Build Contractor shall perform or cause to be performed all Warranty Work performed under this Article in a manner that will minimize interference with the ongoing operations of the WWTP. The Design-Build Contractor shall provide a written plan for all proposed Warranty Work pursuant to this Section (unless expressly waived by the Sewer District).
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Performance of Warranty Work. Following the Closing, Buyer shall assume, as part of the Assumed Liabilities, all responsibility for and shall perform, or cause to be performed, all of the warranty work listed on Schedule 1.3(b).
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Performance of Warranty Work. Retailer agrees to follow procedures established by Kincaid in ▇▇▇ ▇▇▇horized Retailer Policy when providing or performing warranty service or work on all Kincaid Pro▇▇▇▇▇ ▇nd in dealing with its customers with regard to the same.
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Performance of Warranty Work. Contractor must begin corrective action Work within 30 Days after VPRA’s Acceptance of the written plan for Warranty Work. If the Work cannot be started within such time because of seasonal or other limitations, Contractor must notify VPRA of this circumstance in writing and submit a schedule for completion of the Warranty Work for VPRA’s Approval. If Contractor does not use its best efforts to perform Warranty Work within the agreed time, or if Contractor and VPRA fail to reach an agreement, VPRA, after notice to Contractor, will have the right to perform the Warranty Work itself or have the Warranty Work performed by Third-Parties. Contractor shall be responsible for the costs of performance of Warranty Work by VPRA or Third-Parties. Contractor shall also be responsible for the performance or cost of inspection and testing of the Warranty Work.
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Performance of Warranty Work. Retailer acknowledges that except to the extent otherwise specifically provided by the terms of any applicable limited warranty, Kincaid sha▇▇ ▇▇▇▇ the option of requiring Retailer to return any Kincaid Pro▇▇▇▇ ▇▇ Kincaid's d▇▇▇▇▇▇▇▇▇ plant or warehouse for repair or replacement, or having Retailer replace such Product or make such repairs with components or parts supplied by Kincaid. R▇▇▇▇▇▇▇ acknowledges that Kincaid sha▇▇ ▇▇▇ be responsible for pick up and delivery costs, inspection charges or minor repairs, which Retailer or any customer may incur in returning any Kincaid Product to Retailer and Retailer's assessment and correction of such problem during the course of determining whether a warranty claim exists.
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Related to Performance of Warranty Work

  • Performance of Work (i) The Borrowers shall complete all Work in a good and workmanlike manner as soon as practicable following the commencement thereof substantially in accordance with the applicable budget approved by Lender in accordance with the terms of this Loan Agreement. The insufficiency of the balance in the applicable Work Reserve shall not relieve the Borrowers from their obligations to perform and complete the related Work as herein provided or to fulfill all other preservation and maintenance covenants in the Loan Documents. (ii) If Lender determines in its reasonable discretion that any Work is not being performed in a workmanlike or timely manner or that any Work has not been completed in a workmanlike manner, Lender shall have the option to withhold disbursement for such unsatisfactory work and so notify the Borrowers with reasonable detail regarding the basis for Lender's dissatisfaction and, after the expiration of forty-five (45) days from the giving of such notice by Lender to the Borrowers of such unsatisfactory work without the cure thereof (or, if such unsatisfactory work is susceptible of a cure but cannot reasonably be cured within said forty-five (45) day period and provided that the Borrowers shall have commenced to cure such unsatisfactory work within said forty-five (45) day period and thereafter diligently and expeditiously proceeds to cure the same, after the expiration of such longer period as is reasonably necessary for the Borrowers in the exercise of due diligence to cure such unsatisfactory work, up to a maximum of an additional sixty (60) days, subject to Force Majeure, without the cure thereof), Lender may proceed under existing contracts or contract with third parties to complete such Work, as the case may be, and apply amounts contained in the applicable Work Reserve toward the labor and materials necessary to complete the same, without providing any additional prior notice to the Borrowers, and exercise any and all other remedies available to Lender upon and during the continuance of an Event of Default hereunder. (iii) In order to facilitate Lender's completion or making of any Work pursuant to Section 6.7(B)(ii) above, the Borrowers grant Lender the right to enter onto each Property during normal business hours after the expiration of the notice specified above and perform, subject to the rights of tenants, any and all work and labor necessary to complete the applicable Work and/or employ watchmen to protect the Property from damage. All sums so expended by Lender shall be deemed to have been advanced under the Loan to the Borrowers and secured by the applicable Mortgage. For this purpose, the Borrowers constitute and appoint Lender their true and lawful attorney-in-fact with full power of substitution to complete or undertake the applicable Work in the name of the Borrowers pursuant to Section 6.7(B)(ii) above. Such power of attorney shall be deemed to be a power coupled with an interest and cannot be revoked. Upon the occurrence and during the continuance of an Event of Default, the Borrowers empower said attorney-in-fact as follows: (i) to use any funds in the applicable Work Reserve for the purpose of making or completing any Work; (ii) to make such additions, changes and corrections to any Work as shall be reasonably necessary or desirable to complete the same; (iii) to employ such contractors, subcontractors, agents, architects and inspectors as shall be required for such purposes; (iv) to pay, settle or compromise all existing bills and claims which are or may become Liens against any Property, or as may be necessary or desirable for the completion of any Work, or for clearance of title; (v) to execute all applications and certificates in the name of the Borrowers which may be required by any of the contract documents; (vi) in its reasonable discretion, to prosecute and defend all actions or proceedings in connection with any Property or the rehabilitation and repair of such Property; and (vii) to do any and every act which the Borrowers might do in their own behalf to fulfill the terms of this Loan Agreement. (iv) Nothing in this Section shall: (i) make Lender responsible for making or completing any Work; (ii) require Lender to expend funds in addition to the amounts on deposit in the applicable Work Reserve to make or complete any Work; (iii) obligate Lender to proceed with any Work; or (iv) obligate Lender to demand from the Borrowers additional sums to make or complete any Work. (v) The Borrowers shall permit Lender and Lender's agents and representatives (including, without limitation, Lender's engineer, architect or inspector) or third parties performing any Work pursuant to this Section 6.7 to enter onto any Property during normal business hours upon reasonable notice (subject to the rights of tenants under their Leases) to inspect the progress of any Work and all materials being used in connection therewith, to examine all plans and shop drawings relating thereto which are or may be kept at any Property, and to complete any Work made pursuant to Section 6.7(B)(ii). The Borrowers shall use commercially reasonable efforts to cause all contractors and subcontractors to cooperate with Lender or Lender's representatives or such other persons described above in connection with inspections described in this Section 6.7(B) or the completion of the Work pursuant to this Section 6.7(B). (vi) All Work and all materials, equipment, fixtures and any other item comprising a part thereof shall be constructed, installed or completed, as applicable, free and clear of all mechanic's, materialman's or other liens (except for the Permitted Encumbrances). (vii) All Work shall comply with all applicable legal requirements of all Governmental Authorities having jurisdiction over the Properties and applicable insurance requirements, including, without limitation, applicable building codes, special use permits, environmental regulations and requirements of insurance underwriters.

  • Performance of the Work The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

  • PERFORMANCE OF THE CONTRACT II.1.1. The Contractor shall perform the Contract to the highest professional standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation. II.1.2. The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed. II.1.3. Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract. II.1.4. The Contractor must ensure that any staff performing the Contract have the professional qualifications and experience required for the execution of the tasks assigned to them. II.1.5. The Contractor shall neither represent the Agency nor behave in any way that would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service. II.1.6. The Contractor shall have sole responsibility for the staff who execute the tasks assigned to him. II.1.7. In the event of disruption resulting from the action of a member of the Contractor's staff working on Agency premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Agency shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article. II.1.8. Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the Agency. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability. II.1.9. Should the Contractor fail to perform his obligations under the Contract in accordance with the provisions laid down therein, the Agency may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Agency may impose penalties or liquidated damages provided for in Article II.16.