Common use of Workmanship and Quality of Materials Clause in Contracts

Workmanship and Quality of Materials. Contractor’s Warranty for the Services is set forth in the Project Manual. All material shall be new, newest model year, and free from defects. Items that are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval of the City’s Representative. Whenever, in any document, an article, material, or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term “or equal” or the term “the equivalent” if not inserted, shall be implied, and it is done for the express purpose of establishing a basis of durability and efficiency and not for the purpose of limiting competition. Whenever material or equipment is submitted for approval as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the material or equipment conforms to all contractual requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the City’s Representative. The approval by the City’s Representative of alternate material or equipment as being equivalent to that specified shall not in any way relieve Contractor of responsibility for failure of the material or equipment due to faulty design, material, or workmanship, to perform the function required by the contract documents. The City’s Representative shall be the sole and final judge of equivalency.

Workmanship and Quality of Materials. Contractor’s Warranty for the Services is set forth in the Project Manualbid documents. All material shall be new, newest model year, and free from defects. Items that which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval of the City’s Representative. Whenever, in any document, an article, material, or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term “or equal” or the term “the equivalent” if not inserted, shall be implied, and it is done for the express purpose of establishing a basis of durability and efficiency and not for the purpose of limiting competition. Whenever material or equipment is submitted for approval as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the material or equipment conforms to all contractual requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the City’s Representative. The approval by the City’s Representative of alternate material or equipment as being equivalent to that specified shall not in any way relieve Contractor of responsibility for failure of the material or equipment due to faulty design, material, or workmanship, to perform the function required by the contract documents. The City’s Representative shall be the sole and final judge of equivalency.