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ER06.06.024 - NEO-CON-EMR-000024 - 00 Warranties

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43 views3 pages

ER06.06.024 - NEO-CON-EMR-000024 - 00 Warranties

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NEOM

Warranties

Document Number: 00-000000-000000-NEO-CON-EMR-


000024

Document Number: 00-000000-000000-NEO-CON-EMR-000024 Revision No: 0 Page 1 of 3


1. General
1.1. Summary
This EMPLOYER’s Requirement specifies the general administrative and procedural requirements for
warranties required by the Contract including manufacturers’ standard warranties on products and
special warranties.
a. Refer to the Contract for the terms of the CONTRACTOR's overall Warranty of the Works.
b. Specific requirements for warranties for Works and products, and installations that are
specified to be warranted are included in the individual Technical Specification.
c. Warranty commencement, validity, and prerequisites are listed below under the Warranty
Requirements Section.
d. Certifications, and other commitments and agreements for continuing services to the
EMPLOYER are specified elsewhere in the Contract.
Disclaimers and limitations: Manufacturer's disclaimers and limitations on product warranties do
not relieve the CONTRACTOR of warranty on Works that incorporates products, nor does it relieve
suppliers, manufacturers, and subcontractor required countersigning special warranties with the
CONTRACTOR.

1.2. Submittals
Form of submittal: The CONTRACTOR shall produce two originals of each required warranty,
written in the form approved by the EMPLOYER and properly executed as specified.
The CONTRACTOR shall organize warranty documents into an orderly sequence based on the
divisions and Sections in the specification table of contents. The CONTRACTOR shall:
a. Bind warranties and bonds in A-4 sized heavy-duty, vinyl-covered, loose-leaf ring binders
(thickness as necessary to accommodate contents).
b. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark
tabs to identify product or installation. Provide a typed description of product or
installation including name of the product and the installers’ name, address, and telephone
and fax numbers.
c. Provide a typed index and table of contents list at the front of each binder.
d. Identify each binder on the front and spine with the typed or printed title: WARRANTIES,
project name, and the CONTRACTOR’s name.
Submittal time: The CONTRACTOR shall submit written warranties to t h e EMPLOYER with the
operations and maintenance data. The CONTRACTOR shall comply with the EMPLOYER’s
Requirements for “close-out procedures”.
The CONTRACTOR shall provide additional copies of each warranty required for operations and
maintenance manuals.

2. Execution
2.1. Warranty Requirements
Consequential Losses: When correcting warranted Works that has failed, the CONTRACTOR shall
remove and replace other Works that has been damaged as result of such failure or that must
be removed and replaced to provide access for correction of warranted Works.
Warranty Descriptions:
a. The duration of all manufacturers’ standard warranties shall be measured from the end of the
Defects Notification Period (DNP).

Document Number: 00-000000-000000-NEO-CON-EMR-000024 Revision No: 0 Page 2 of 3


b. The duration of all extended warranty periods expressly specified in the Contract
specification shall be measured from the end of the DNP through the extended warranty
period.
c. The CONTRACTOR should obtain extended warranties necessary to cover the DNP, for the
following main items:
1. roof and waterproofing - 5 years
2. new Elevators - 5 to 10 years extended maintenance period
Reinstatement of W arranty: When Works covered by warranty has failed and been corrected by
replacement or rebuilding, the CONTRACTOR shall reinstate warranty by written endorsement. The
reinstated warranty shall be valid on the same terms as above.
Transferability: The benefit of all warranties shall be transferred to the EMPLOYER at the end of the
Defects Notification Period. The benefits of all warranties shall also be transferable from the
EMPLOYER to subsequent operators of the facilities.
Replacement: Upon determination that Works covered by warranty has failed, the CONTRACTOR
shall replace or rebuild Works to an acceptable condition complying with requirements of Contract.
The CONTRACTOR is responsible for replacing or rebuilding defective Works regardless of whether
the EMPLOYER has benefited from use of Works through a portion of its anticipated useful service
life.
EMPLOYER’s Recourse: Written warranties made to the EMPLOYER are in addition to implied
warranties, and shall not limit duties, obligations, rights, and remedies otherwise available under the
law, nor shall warranty periods be interpreted as limitations on time in which the EMPLOYER can
enforce such other duties, obligations, rights, or remedies.
The EMPLOYER reserves the right to reject warranties submitted by the CONTRACTOR that are
not in accordance with the requirements of the Contract and to limit product selections to products
with warranties not in conflict with the requirements of the Contract.
The EMPLOYER reserves the right to refuse to accept Works for the project where a special
warranty, certification, or similar commitment is required to be submitted by the CONTRACTOR on
such Works or part of Works, until the CONTRACTOR presents evidence that the entities required to
countersign such commitments are willing to do so.

2.2. Manufacturer’s and Special Warranties


The CONTRACTOR shall prepare a written document ready for execution that contains appropriate
terms and conditions, and identifies the commencement date of the warranty period. The
CONTRACTOR shall submit a draft and obtain the EMPLOYER’s approval before final selection of the
preferred form of warranty, being either:
a. Manufacturer’s standard form: Modified to include requirements and information specific to
the Works, and properly executed; or
b. Special form: Individually prepared and specially drafted to include requirements and
information specific to the Works, and properly executed.

Document Number: 00-000000-000000-NEO-CON-EMR-000024 Revision No: 0 Page 3 of 3

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