Common use of Vendor Representations and Warranties Clause in Contracts

Vendor Representations and Warranties. Vendor shall have the sole responsibility for, and hereby represents and warrants that it has, by careful examination, satisfied itself concerning the nature and location of Work and the general and local conditions of the Jobsite. Failure of Vendor to acquaint itself with any applicable condition will not relieve it from the responsibility for properly estimating either the difficulties or costs of successfully performing the Work. Vendor further represents and warrants that Vendor’s progress schedule, if applicable, and compensation are based on its own knowledge and judgment of the conditions and hazards involved, and not upon any representation from Company. Company assumes no responsibility for any understanding or representation made or alleged to have been made by any of its representatives, unless such understanding or representation is expressly stated in the Contract. Vendor shall carefully study and review the Contract prior to commencing any portion of the Work, shall carefully review applicable Drawings and Specifications, and shall promptly notify Company by written notice of any conflict with applicable law or of any errors, inconsistencies or omissions it may discover. Vendor represents and warrants that it has the full power and authority to execute, deliver and perform its obligations under the Contract and to engage in the business it presently conducts and contemplates conducting, and is and will be (i) duly licensed or qualified to do business and (ii) in good standing under the laws of the jurisdiction wherein the Work is to be performed. Unless otherwise specified, all loss or damage to Vendor arising out of Vendor’s performance of the Work in connection with the above-mentioned representations and warranties shall be sustained and borne by Vendor at its own cost and expense.

Appears in 3 contracts

Sources: Participation Agreement, Participation Agreement, Participation Agreement