SUPPLIER’S WARRANTIES 10.1. The Supplier represents and warrants to the Company that:
(a) it has the right to sell the Goods and/or lease the Rental Items to the Company on these terms and conditions and, subject to clause 6, upon payment of the Price (whether in part or in full) or Delivery (whichever is the earlier to occur) the Company will have good title to the Goods, free and clear of all interests and encumbrances including Security Interests;
(b) the Goods and/or Rental Items delivered to the Company will correspond in all respects with the Specifications and the representations made by the Supplier and any sample provided by or on behalf of the Supplier;
(c) the Supplier holds all relevant import licences, consents or authorities necessary for the performance of this Contract;
(d) the Company will have the full benefit of any manufacturer’s warranties that may be applicable to the Goods or any part of the Goods;
(e) the Goods will be of merchantable quality and free from defects in design, manufacture and assembly;
(f) the Goods, Rental Items and Services will be fit for any particular purpose which the Company has made known (whether expressly or by implication) to the Supplier and will be fit also for the purpose for which Goods, Rental Items and/or Services of a similar nature are commonly supplied;
(g) the Goods, Rental Items and/or Services will comply with all laws (including statues, the common law and equity) in force in the jurisdiction in which they are supplied and with all relevant standards issued by Standards New Zealand;
(h) the Services performed by the Supplier will be performed in accordance with the Specifications and the terms and conditions described in the Purchase Order and in accordance with the standards of a reasonable and prudent provider of those Services;
(i) the Services performed by the Supplier will be performed using due skill, care and diligence, in a safe and competent manner and using qualified Supplier Personnel and equipment and materials of merchantable quality and fit for their use or intended use;
(j) Supplier Personnel who are involved in the performance of the Services and/or the supply of the Goods and/or Rental Items are competent and have the appropriate qualifications, job skills and training and hold and will maintain all required licences, permits and authorities; and
(k) the Services will be performed in a timely manner and in accordance with the timeframes specified in the Special Conditions (if any), in which case time shall be of the essence.
10.2. Subject to clause 10.4, the Supplier will be required to repair or replace any Goods or Rental Items, or re-perform any Services, which do not conform to any warranty, upon receipt of notice from the Company.
10.3. Where the Supplier repairs or replaces any Goods or Rental Items or re-performs any Services pursuant to any warranty, the Supplier shall bear all the costs occasioned thereby including the removal and transportation costs of the Goods and/or Rental Items from and return to the Company’s premises, labour costs and the costs of replacing or providing new parts for the Goods and/or Rental Items.
10.4. If any defect attributable to the design (other than a design provided by the Company), workmanship or operating characteristics of the Goods arises at any time up to the later of 30 months from the date the Goods are delivered or supplied, the Supplier must at its own expense and as soon as practicable after receiving notice from the Company, make such alterations, repairs and replacements to the Goods, as necessary to correct the defective design, workmanship or operating characteristics.
10.5. If the Supplier fails to comply with the requirements of clauses 10.2, 10.3 and/or 10.4, the Company may have the deficiency rectified by third parties and recover the reasonable costs of doing so from the Supplier.
10.6. Where the Supplier obtains any warranties or guarantees not specified in these terms and conditions, the Supplier must ensure that it assigns to the Company the benefit of such warranties or guarantees.
Contractor’s Warranty
3.5.1 In addition to the guarantee to repair referenced in Article 12 and any specific warranty mentioned in the Project specifications, Contractor warrants to City that all materials and equipment used in or incorporated into the Work will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents and Applicable Code Requirements. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Work and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions.
3.5.2 All materials to be incorporated in the Work shall be protected from damage during delivery, storage, and handling, and after installation until Acceptance of the Work, and Contractor shall, without charge to City, be responsible for all damage to the materials or the Work due to Contractor's failure to provide such proper protection.
Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.
Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.
Contractor’s Warranties Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.