6. Performance and Evaluation Subsequent to Work
6.1 Workmanship and Equipment Warranty
ESCO hereby assigns to the Customer all warranties of all equipment and materials used in
the Work. Attachment 2 - Maintenance and Service Agreement lists equipment and material
warranties, however, failure to include any equipment or materials having a warranty
neither excludes said equipment or materials from the provisions of this section nor ESCO’s
responsibilities hereunder. ESCO shall provide Customer with a list of all serial numbered
items of equipment installed as part of the Work at or before the Project Acceptance.
ESCO warrants that, for a period of one year from a date of a Certificate of Substantial
Completion (“Warranty Period”), the relevant equipment, materials and Work shall be new
and free from defects in material, manufacture, workmanship and performance as set forth
by the catalogs, bulletins and specifications included within ESCO’s Response to the RFP or
the Scope of Work, whichever is appropriate. If such defect occurs within the Warranty
Period, ESCO shall correct and pay for correction of all defects including replacement or
repair and all parts and labor.
ESCO warrants that, for any equipment or materials used in the Work with a warranty period
in excess of one year, ESCO shall correct all defects including replacement or repair
provided that ESCO’s obligation is limited to the terms of the warranty and provided further
that the Customer, by mutual consent wth ESCO, may correct said defect.
No warranty liability shall attach to ESCO until Work has been substantially completed.
ESCO’s warranties expressly exclude any remedy for damage or defect caused by the
Owner’s abuse, improper operation, unapproved modifications or improper repairs.
Customer may correct any defect and ESCO shall reimburse Customer for its reasonable
expenses incurred in performing such correction subject to any limitations contained within
this section if ESCO fails to correct defective equipment, materials or Work within a
reasonable period of time, but no less than seventy-two (72) hours, upon written notice from
the Customer unless such defect is a condition deemed to endanger health or safety, is a
fire hazard or would otherwise render the Premises unfit for occupancy.
Conditions which are deemed to endanger health or safety are applicable provisions of the
state or local sanitary code, fire hazards under applicable fire prevention regulations and
codes and other emergency conditions that shall be addressed promptly and jointly, if
necessary, by ESCO and Customer assuring thatimmediate precautions are taken to avoid
risk to persons or property, immediate measures are taken to prevent deterioration of
condition, occupants are alerted to any dangers or hazards, and steps for final correction
taken within twenty-four (24) hours. Customer may take reasonable steps to protect the
Premises or the Work on an emergency if itis not possible or reasonable to notify ESCO
before taking such actions.
THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND
EXCLUDE ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FORA PARTICULAR PURPOSE, WHICH, TO THE EXTENT PERMITTED BY
LAW, ARE HEREBY EXPRESSLY DISCLAIMED. THE LIMITED EXPRESS WARRANTIES
18 ESCO Contract — Nashua Schools & EEI, Inc.
