Project No.: KW.11.0209 11 March 2013
SECTION 01740 WARRANTIES PART 1 - GENERAL
1.01 SUMMARY
A. This Section includes administrative and procedural requirements for warranties required by the Contract Documents both here and elsewhere, including manufacturers standard warranties on products and special project warranties. Compare the various requirements as stated here and elsewhere and provide for the more/most stringent combination of the requirements.
B. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special project warranties with the Contractor.
1.02 DEFINITIONS
A. Standard product warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Employer.
B. Special project warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Employer. 1.03 WARRANTY REQUIREMENTS
A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction.
B. Reinstatement of Warranty: When work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation.
C. Replacement Cost: Upon determination that work covered by a warranty has failed, replace or rebuild the work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Employer has benefited from use of the work through a portion of its anticipated useful service life.
D. Employer's Recourse: Expressed warranties made to the Employer are in addition to implied warranties and shall not limit the duties, obligations, rights and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Employer can enforce such other duties, obligations, rights or remedies.
1. Rejection of Warranties: The Employer reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents.
E. Where the Contract Documents require a special project warranty, or similar commitment on the work or part of the work, the Employer reserves the right to refuse to accept the work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so.
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A. Submit written warranties to the Engineer's Representative prior to the date certified for Substantial Completion. If the Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Engineer's Representative.
1. When a designated portion of the work is completed and occupied or used by the Employer by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Engineer's Representative within 15 days of completion of that designated portion of the work.
B. When the Contract Documents require the Contractor, or the Contractor and a Subcontractor supplier or manufacturer to execute a special project warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Engineer's Representative for approval prior to final execution.
C. List of special warranties and form formats for special project warranties are included at the end of this section. Prepare a written document utilizing the appropriate form, ready for execution by the Contractor. 1. Refer to Divisions 2 through 16 sections for specific content requirements and particular
requirements for submitting special project warranties.
D. Form of Submittal: At Substantial Completion compile three (3) copies of each required warranty properly executed by the Contractor. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual.
E. Bind warranties and bonds in heavy-duty, commercial-quality, durable vinyl-covered loose-leaf binders, thickness as necessary to accommodate contents and sized to receive A4 paper.
1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "Warranties", Project title
or name and name of the Contractor.
3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual.
PART 2 - PRODUCTS NOT USED
PART 3 - EXECUTION
3.01 LIST OF WARRANTIES
A. Schedule: Provide warranties on products and installations if and as specified in the following sections: 1. Section 02580 "Pavement Marking"
2. Section 02700 "Drainage" 3. Section 02800 "Site Improvements" 4. Section 02810 "Irrigation systems" 5. Section 07160 "Damp/ water Proofing" 7. Section 07722 "Roof Hatches" 8. Section 09310 "Ceramic Tiles"
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10. Section 11460 "Unit Kitchens" 11. Section 14200 "Conveying Systems" 12. Section 14640 "Gantry Cranes" 13. Section 15300 "Fire Protection" 14. Section 15400 "Plumbing" 15. Section 15480 "Gas Service"
16. Section 15500 "General Requirement HVAC Works" 17. Section 15785 "Split DX Cooling Units"
18. Division 16 "Electrical"
B. Schedule: Provide Special Project Warranties on products and installations if and as specified in the following sections:
1. Section 02282 "Termite Control" 2. Section 05161 "Space Frame" 3. Section 07110 "Waterproofing" 4. Section 07120 "Fluid Applied Waterproofing" 5. Section 07145 "Cementitious Waterproofing" 6. Section 07920 "Sealants"
7. Section 08110 "Steel Doors and Frames" 8. Section 08210 "Flush Wood Doors" 9. Section 08410 "Aluminum Entrances” 10. Section 08520 "Aluminium Windows" 11. Section 08710 "Doors Hardware" 12. Section 08800 "Glazing"
C. Any other warranties if and as specified in any other sections.
3.02 WARRANTY FORM
A. The Contractor shall submit warranty forms in the format shown:
CONTRACTOR LETTER HEAD
WARRANTIES 01740-4 Project No.: KW.11.0209 11 March 2013
Date : Contract Ref. No. : Name of Project : Employer : Contractor :
Warranted System Validity :
Commencement Date : _______________ Expiry Date : _______________ We the undersigned (insert full name and address of Employer):
Contractor : ______________________________________________________
Agree to provide the special project warranty of the (description and location of product/system) ... agreeing to repair or replace subject to the warranty requirements below and conditions stated in the contract documents during the period of (state period) from the above mentioned commencement date at our own complete cost and expense to the full satisfaction of the Employer or his approved Representative.
Warranty Requirements:
1. _____________________________ (describe nature of warranty responsibility) .
2. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction.
3. Reinstatement of Warranty: When work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation.
4. Replacement Cost: Upon determination that work covered by a warranty has failed, replace or rebuild the work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Employer has benefited from use of the work through a portion of its anticipated useful service life.
5. Employer's Recourse: Expressed warranties made to the Employer are in addition to implied warranties and shall not limit the duties, obligations, rights and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Employer can enforce such other duties, obligations, rights or remedies.
a. Rejection of Warranties: The Employer reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents.
6. Where the Contract Documents require a special project warranty, or similar commitment on the work or part of the work, the Employer reserves the right to refuse to accept the work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so.
WARRANTIES 01740-5 Project No.: KW.11.0209 11 March 2013
Contractor _________________________________ _________________