Addendum No. 2 - Laserfiche WebLink

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PROVISION 3 CONTRACTOR 3.1 Contractor's Warranty 3.1.1 The Contractor warrants all equipment and materials furnished, and work performed, under this Contract, against defective materials and workmanship for a period of 1 year after final acceptance as provided in the Contract, unless a longer period is specified, regardless of whether the same were furnished or performed by the Contractor or any Subcontractors of any tier. Upon written notice from the City of any breach of warranty during the applicable warranty period due to defective material or workmanship, the affected part or parts thereof shall be repaired or replaced by the Contractor at no cost to the City. Should the Contractor fail or refuse to make the necessary repairs, replacements, and tests when requested by the City, the City may perform, or cause the necessary work and tests to be performed, at the Contractor's expense, or exercise the City's rights under the Contract. The Contractor and Surety guarantee and warrant to the City all work as follows: · that all materials and equipment furnished under this Contract will be new and the best of its respective kind unless otherwise specified; · that all Work will be of first class quality and free of omissions and faulty, poor quality, imperfect and defective material or workmanship; · that the Work shall be entirely watertight and leak proof in accordance with all applicable industry customs and practices, and shall be free of shrinkage and settlement; · that the Work, including but not limited to, mechanical and electrical machines, devices and equipment, shall be complete systems, fit and fully usable for its intended and specified purpose and shall operate satisfactorily with ordinary care; · that consistent with requirements of the Contract Documents the Work shall be installed and oriented in such a manner as to facilitate unrestricted access for the operation and maintenance of fixed equipment; and · that the Work will be free of abnormal or unusual deterioration which occurs because of poor quality materials, workmanship or unsuitable storage. All Work not conforming to guarantees and warranties specified in the Contract Documents, including substitutions not properly approved and authorized, may be considered defective. If required by the Design Consultant, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. If, within one (1) year after the Date of Final Completion of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the guarantees and warranties specified in the Contract documents, the Contractor shall correct it within five (5) working days or such other period as mutually agreed, after receipt of a written notice from the City to do so. The City shall give such notice with reasonable promptness after discovery of the condition. No time extensions will be given for the correction of defective work. 3.1.2 Should one or more defects appear within the specified period, the City shall have the right to continue to use or operate the defective part or apparatus until the Contractor makes repairs or replacements or until such time as it can be taken out of service without loss or inconvenience to the City. 8