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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
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Last modified: May 25, 2011