Common use of Warranties and Performance Clause in Contracts

Warranties and Performance. The Contractor warrants that it shall carry out the Services to the satisfaction of the University and in accordance with the provisions of the Contract. The Contractor shall use the standard of skill and care which is ordinarily exercised by experienced and competent contractors performing services of a similar nature to the Services. Where the Services include the provision of goods, materials or plant, the Contractor warrants that these shall be of merchantable quality and fit for their common or specified purposes. The University may at any time, subject to reasonable notice, inspect any part of the Services and/or premises of the Contractor in order to satisfy itself that the Contractor is able and continuing to comply with these warranties. Notwithstanding that the Services or any part thereof have been the subject of any instruction, review, approval, acknowledgement or inspection, the Contractor shall not be relieved from any liability or obligation under the Contract. If the University serves written notice advising the Contractor of any deficiency in the Services, which in the opinion of the University is attributable to the Contractor, the Contractor shall, without prejudice to the University’s other rights, promptly remedy the deficiency in the Services as required by the University. All costs of such remedy shall be borne by the Contractor. If the Contractor fails to remedy the deficiency promptly in accordance with the University’s written notice, the University may remedy or cause to be remedied any deficiency at the Contractor’s cost.