Warranty of Contractor. Contractor does hereby expressly warrant and guarantee the services provided hereunder from all defects, failures, faulty construction, and inconsistency with plans, or damage, other than that resulting from reasonable wear and tear or actions of third parties, for a period of one year from the acceptance of the work by City. If such a claim occurs, Contractor shall immediately act to repair, replace, and restore the damaged work or, if applicable, reconstruct the work to make it completely and strictly comply with the agreement documents. All warranty services provided hereunder shall be performed at Contractor’s sole expense, including materials and labor. It is expressly agreed and understood that this warranty shall not apply to materials and equipment normally expected to deteriorate or wear out or become subject to normal repair and replacement before their condition is discovered. Additionally, Contractor shall not be required to do normal maintenance work under this provision. Failure of the Contractor to substantially act within thirty (30) days of notice of a claim hereunder shall entitle City, at its sole option, to replace or repair the subject defect and to recover the reasonable costs of said repair from Contractor. The enforcement of the warranty provision shall not be deemed a waiver of any rights that City may have to declare Contractor in breach of the terms of this agreement and to pursue all available legal remedies.
Appears in 3 contracts
Sources: Structural Relocation Agreement, Continuing Engineering Services Agreement, Debris Monitoring Services Agreement