LOSS OR DAMAGE PROVISION II. Contractor\'s warranty obligations for procured goo
ID: 330558 • Letter: L
Question
LOSS OR DAMAGE PROVISION II. Contractor's warranty obligations for procured goods will be limited to the assignment to Company of all warranties and guarantees received from the manufacturers of such goods. Contractor shall use its best efforts to ensure that if any goods are supplied in connection with Work, such goods shall: (a) conform to the descriptions, specifications, samples and models furnished by Contractor; (b) conform to all Company specifications; (c) are new and of good material and workmanship and free from defects; (d) are fit for any ordinary or known particular purpose:; and (e) are manufactured, procured and produced in compliance with all Applicable Law, rules, orders or regulations. Contractor shall use its best efforts to require the manufacturers of any goods supplied in connection with the Work to meet the warranties listed above for a period extending to the later of eighteen (18) months from the date the goods are delivered or twelve (12) months from the Final Acceptance. For goods which fail to meet this anty obligation, Contractor agrees to require the manufacturer of such defective goods to repair or replace such goods at the manufacturer's expense in a timely manner. For repaired or replaced goods. tor shall require the manufacturer of the goods to grant an additional warranty period of the same term described above which will begin on the date the repaired goods or their replacements are delivered to Company PROVISION III.Explanation / Answer
1. As a manufacturer I am obliged to undergo what is mentioned in the contract, as a manufacturer I am responsible for the final drafting of the contract based upon the first communication between both the consignee & the consignor, their respective offers hence it is my sole duty to abide by the contract terms.
- If the consignee finds any defect in my product or is not agree with my offer I am liable to extend the warranty period applicable for 18 months from the date of the delivery or 12 months from the date of commissioning whichever is earlier.
2. In a commercial transaction the rules or policies which relate or do not relate are entirely depends upon the mutual agreement that was made prior to the actual manufacturing of the product where acceptance was made by both the parties through the purchase order, sales offer, project reports via files & online media.
- Commercial transaction always involves guarantees , warantees of the products, general terms & conditions against any defect or discrepancy arises, CAF approvals & agreement report, payment terms , freight etc
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