RACMP Enterprises, Inc. - Page 6




                                        - 6 -                                         
               and of the most suitable grade of their respective                     
               kinds and purpose.  At the request of the Contractor,                  
               Subcontractor shall furnish to Contractor for approval,                
               full information and/or samples concerning the                         
               materials or articles which Subcontractor intends to                   
               incorporate in the Work.  The materials actually used                  
               in the Work shall conform to the information or samples                
               approved.  Machinery, equipment, materials and articles                
               installed or used without such approval shall be used                  
               by Subcontractor at the risk of subsequent rejection by                
               Contractor.                                                            
                    (b) Except as otherwise provided herein, all                      
               material and workmanship, if not otherwise designated                  
               by the Contract Documents, shall be subject to                         
               inspection, examination and test by Contractor at any                  
               and all times during manufacture and/or construction                   
               and at any and all places when such manufacturing or                   
               construction are carried on.  Contractor shall have the                
               right to reject improper or defective material or                      
               workmanship or require correction without charge to                    
               Contractor.  Subcontractor shall promptly segregate and                
               remove rejected material from the Project Site.                        
               Nothing contained in this Paragraph 15 shall in any way                
               restrict the rights of Contractor under any warranty by                
               Subcontractor of material or workmanship.                              
               16. Warranty; Customer Service                                         
                    (a) Subcontractor warrants and represents to                      
               Owner and to Contractor that the workmanship of the                    
               Work, all materials and equipment furnished for the                    
               Work, and all other aspects regarding the Work to be                   
               performed under this Subcontract shall be in                           
               conformance with this Subcontract and the Contract                     
               Documents, be of finest quality, and be free from                      
               faults and defects of design, material and Workmanship                 
               for a period of two (2) years from (i) the date of the                 
               initial occupancy of the particular residential unit                   
               for which an applicable portion of Subcontractor's Work                
               was performed or (ii) for such longer period as may be                 
               required by FHA, VA and/or other applicable                            
               governmental authorities.  Subcontractor agrees to                     
               satisfy its warranty obligations upon receipt of                       
               written notice from Contractor requiring same without                  
               cost to Contractor.  The remedies provided in this                     
               Paragraph 16(a) shall not be restrictive but shall be                  
               cumulative and in addition to all other remedies of                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011