Laserfiche WebLink
Subcontract#: 061804-017 <br /> Page 25/Rev 171204 <br /> Subcontractor represents that the person(s) using such items is/are properly trained and, if necessary, <br /> licensed, to use such items and agrees to: <br /> a) Accept such items in their"AS IS"condition; <br /> b) Use such items at the sole risk of Subcontractor; and <br /> c) Defend, hold harmless and indemnify Contractor and its officers, directors, employees, <br /> insurers, agents, successors and assigns against all claims, fines, penalties, damages, losses <br /> and expenses, including attorney fees, of every nature of every kind arising from <br /> Subcontractor's use thereof. <br /> 10. WARRANTY <br /> 10.1 Work and Materials Warranty: Subcontractor warrants and guarantees that the Work shall be <br /> of good quality, free from faults and defects, in conformance with the Contract Documents, and shall <br /> be satisfactory to Contractor and Owner for a period of one (1) year from Subcontractor's receipt of <br /> final payment or for as long as the warranty set forth in the Prime Contract requires, whichever is <br /> longer. Subcontractor warrants and guarantees that all materials shall be new and of the best quality <br /> of their respective kinds, unless otherwise specified in writing. <br /> 10.2 Warranty Claim: In the event that any part of the Work or any material is determined by <br /> Contractor or Owner to be improper or defective during the applicable warranty period, Subcontractor <br /> shall, upon being notified in writing by Contractor of the defect, immediately proceed to correct the <br /> same as its own cost and expense. If Subcontractor fails to do so promptly and completely, <br /> Contractor, at its option, may correct the same or cause the same to be corrected. Subcontractor shall <br /> promptly pay to Contractor the entire cost and expenses associated therewith and/or the same will be <br /> deducted from Subcontractor's payment, if any amount remains to be paid on this or any other <br /> project. <br /> 10.3 Warranty Claim Survives Agreement: The obligations under Section 10.1 and 10.2 survive <br /> completion of the Agreement and the Work and, when the Prime Contract is complete and ready for <br /> final payment by Owner, Contractor may assign its rights under Section 10.1 and 10.2 to Owner with <br /> notice to Subcontractor. <br /> 11. DISPUTES AND CLAIMS <br /> 11.1 Claims for Payment: Subcontractor shall provide written notice to Contractor of any claim for <br /> payment no later than seven (7) days prior to the time in which Contractor must provide notice of a <br /> claim for payment to Owner. This written notice shall contain a description of the claim in sufficient <br /> detail to explain the nature of the claim and shall provide a description of the evidence that the <br /> Subcontractor knows of or possesses, including expert reports, that substantiates the nature and <br /> cause of the claim. Contractor shall issue a written decision within thirty (30) days of the written <br /> notice from Subcontractor, or seven (7) days after the period defined in the Prime Contract, whichever <br /> is longer. <br /> 11.2 Claims Against Owner: Subcontractor shall not make any claim against Owner for payment. <br /> Instead, Subcontractor shall cooperate and assist Contractor in pursuing any claim for payment <br /> against Owner. <br /> Equal Opportunity/Affirmative Action Employer <br />