Common use of Warranty and Representation Clause in Contracts

Warranty and Representation. The Service Provider represents and warranty that all materials and/or labor furnished by the Service Provider in connection with the construction of all homes built by the Contractor shall be free of defect for a period of two (2) years from the date of the last check issued by Contractor to Service Provider for Service Provider’s contributions to a home. If a defect of material or workmanship occurs within the two (2) year period, the Contractor will notify the Service Provider of such defect and upon receipt of such notice, the Service Provider shall immediately at its expense act to satisfactorily repair and/or replace the defective material and/or workmanship. If other work performed by the Contractor or other Service Providers shall fail due to defects in the Service Providers material and/or workmanship, such failure shall be repaired and/or replaced at the expense of the Service provider. The Service Provider shall, at the Service Provider’s own expense and to the extent required by Contractor, participate in the conciliation and arbitration mechanisms established under any home owner’s warranty program of the Contractor as such conciliations and arbitration relate to materials and/or labor furnished by the Service Provider.

Appears in 2 contracts

Sources: Master Service Agreement, Master Service Agreement