Jackson Mills HPP GENERAL CONDITIONS (PART 1}
City of Nashua Page 16 of 20
22.8.
22.9.
Without restricting any warranty or guarantee either made by the Supplier or implied by law and with
respect to Article 22.4 above, and subject to the exclusions set forth in Articles 22.3(A), 22.3(B) and
22.6, Supplier shall, at its own expense, promptly correct any defects or faults in the Work that are
observed or discovered prior to the expiration of the Warranty Period whether or not such defects or
faults could have been observed or discovered during installation. Supplier shall implement all the
necessary repairs and/or replacement of Work that fails to comply with the Warranty, inciuding
procuring new equipment and materials, transportation to, and removal from, the site, direct
construction labor, dismantling, reassembling and testing of said equipment or materials, or any other
non-defective equipment or materials which are required to be dismantled, reassembled or tested to
gain access to the defective Work.
Any replacement component furnished under the Warranty shall carry warranties on the same terms as
set forth above, except that the Warranty Period shall be either: (i) the remaining balance of the
original Warranty Period, or (ii) a period of twelve {12} months from the date of such repair or
replacement; whichever period shall end later. In any event, the Warranty Period and the Supplier’s
responsibilities set forth herein for such repaired or replacement component shall end twelve (12)
months after expiry of the Applicable Warranty Period.
22.10. Upon receipt of notice from the Purchaser of a failure te conform to the Warranty, the Supplier shail
promptly respond and, if necessary, inspect the Work. The Supplier shall then prepare a plan to correct
such failure and discuss such plan with the Purchaser. The Supplier shall then immediately implement
such plan of corrective action and continuously perform such pian until the failure is corrected. Should
the Supplier fail to correct such failure within a reasonable time, the Purchaser may, after giving five (5)
days' notice to the Supplier, correct the same at Supplier's expense.
22.11. Notwithstanding the expiration of the Warranty Period or the issuance of the Final Acceptance
Certificate, the Supplier shall not be relieved of its responsibility for correcting any defects in the Work
of which notice has been given to the Supplier prior to the expiration of the Warranty Period and which
remain uncorrected.
22.12. The Warranty will terminate immediately should repairs on Supplier’s Equipment be realized or
performed by any party other than the Supplier or a representative designated by the Supplier.
22.13. Any Warranty specified in the Contract Documents is provided by the Supplier only under the
condition that the Equipment was installed, commissioned and tested in accordance with Supplier’s
written instructions and under the supervision of Supplier’s Field Services personnel and under the
condition that the Equipment is maintained either by Supplier or according to Supplier’s written
instructions.
22.14 Inthe event of any dispute concerning technical issues or in the event the Purchaser withholds the
issuance of a Final Certificate of Completion or Final Acceptance Certificate then the Purchaser and the
Supplier shall invite an independent inspection organization to resolve the dispute (such as SGS, Bure
veritas, det Norske veritas). The decision by the independent testing organization is without prejudice
to either Party. If either Party rejects the decision of the independent testing organization, such Party
may submit the issue as a “Dispute” as set forth in Article 25. Unless otherwise agreed by the Parties,
any expenses associated with the participation of the independent inspection organization shall be
borne by the Party at fault.
22.15 Within fourteen (14) days after expiry of the Warranty Period specified in Articie 22.3 the Purchaser
shall issue Final Acceptance Certificate. In the event that this certificate is not issued within this time
period and the Purchaser does not notify the Supplier of any claim then the Final Acceptance Certificate
shall be considered as issued.
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Mavel Americas, Inc.
