This warranty is in lieu of any other warranty, express or implied. Any implied warranties, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, habitability.
This warranty shall be null and void and the Contractor shall not be liable for any damages or expenses, if the Client does not first grant the Contractor access to the premises and the opportunity to the Contractor to inspect, correct, or replace alleged defective items, before the Client incurs expenses or has work done by a replacement contractor.
The Contractor warrants that the improvements constructed are reasonably free of defects and within customary tolerances of construction industry. “Customary tolerances of the construction industry” means tolerances common and expected in the construction industry and guaranteed to be performed by a skilful and professional contractor. This warranty also covers work under customary tolerances for all subcontractors and other trades people under contract with the Contractor, including the crew of the Contractor.
The Contractor further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings, plans, and specifications. If any defects are found, contractor shall repair or replace any of the alleged defective work at its cost. The work to be corrected will be the particular part or area that is defective. The Contractor shall start corrective work within a reasonable time after written notice from the Client. The Contractor shall have the option of repairing or replacing, at its election.
This Warranty, as well as the statute of limitations for any claim of damages for defective work or materials, is five years from substantial completion, defined as the date stated on the relevant Electrical Installation Certificate and only when the project is paid in full by the Client. If the Contractor performs warranty work within this period, this warranty shall be extended to the repaired or replaced work itself and be covered for five years after completion, as to that specific work.
This warranty applies to the original Client and may not be transferred to any subsequent Client.
The Contractor hereby assigns (to the extent they are assignable) and conveys to Client all manufacturers’ and suppliers’ warranties, together with operating instructions if available, on all goods, material, equipment, and appliances provided to the Contractor.
The Contractor has provided certain material, equipment, appliances, and goods that have been manufactured and or furnished by third party vendors, supply houses, distributors, and manufacturers (“products”). The Contractor will use its best efforts so that such products are new and purchased from reputable suppliers. Contractor also agrees to properly install such materials.
In the event a product is considered defective by the Client, the contractor shall use its best efforts to contact the supplier or manufacturer and receive a free replacement. The Contractor shall then within a reasonable time reinstall that new product without charge and only if they are still under the manufacturer’s warranty.
The Contractor did not manufacture such products. The Contractor warrants its services and workmanship only. Accordingly, the contractor cannot warrant or guarantee these products themselves. The Contractor will not be liable for latent defects in any product (not observable on reasonable inspection). The Client’s sole remedy for defective products, other than the obligation of the Contractor to replace same, is against such third-party vendors and their warranties, if any. This limitation still applies, and a warranty is not deemed made, even if the Contractor has furnished the Client with product brochures, literature, or samples. Nor shall the Contractor be liable for dangerous products, design defects in products, or defective warnings. However, the Contractor shall lend assistance in settling any claim resulting from defects in these products.
If a problem develops during the warranty period, the Client shall notify the Contractor in writing of the specific problem. The Client shall give such notice promptly after first discovering the condition. The Contractor will begin performing the obligations under this warranty within a reasonable time of receipt of such a request and will diligently pursue these obligations.
Repair work will be done during the Contractor’s normal working hours, except where delay will cause additional damage. The Client also agrees to provide the presence (during the work) of a responsible adult with the authority to approve the repair and sign an acceptance of repair on completion.
There shall be no charge for the costs and expenses of examination or inspection by the Contractor, whether not a defect is found or later repaired or replaced. The work will be done either by the Contractor’s crew or whatever competent workmen or subcontractors are designated by the Contractor.
The Contractor has sole discretion as between repair or replacement. All efforts shall be made for a reasonable match, and to repair or replace in the event the original item is no longer available.
With respect to any claim asserted by the Client, it is understood there is no right to recover or request compensation for: incidental, indirect, special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy; construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; lost profits or income; medical costs; damages for mental distress, aggravation, personal injury; or pain and suffering.
The Client should notify the Contractor within a reasonable period after first knowledge of a problem, not to exceed 30 days. To be covered, the physical signs of the problem must be observable.
This limited warranty does not cover the following items.