Warranty Required
All materials and equipment provided to the City shall be new
unless otherwise approved in advance by the City Manager or his designee
and that all work will be of good quality, free from faults and defects,
and in conformance with the designs, plans, specifications, and drawings,
and recognized industry standards. This warranty, any other warranties
express or implied, and any other consumer rights, shall inure to
the benefit of the City only and are not made for the benefit of any
party other than the City. All work not conforming to these requirements,
including but not limited to unapproved substitutions, may be considered
defective.
This warranty is in addition to any rights or warranties expressed
or implied by law. Where more than a one (1) year warranty is specified
in the applicable plans, specifications, or submittals for individual
products, work, or materials, the longer warranty shall govern.
This warranty obligation shall be covered by any performance
or payment bonds tendered in compliance with this Ordinance.
If any of the work is found or determined to be either defective
or otherwise not in accordance with this Ordinance, the designs, plans,
drawings or specifications within one (1) year after the date of the
issuance of a Certificate of Final Completion of the work or a designated
portion thereof, whichever is longer, or within one (1) year after
acceptance by the City of designated equipment, or within such longer
period of time as may be prescribed by law or by the terms of any
applicable special warranty required by this Ordinance, developer
shall promptly correct the defective work at no cost to the City.
During the applicable warranty period and after receipt of written
notice from the City to begin corrective work, Developer shall promptly
begin the corrective work. The obligation to correct any defective
work shall be enforceable under the City of Navasota Code of Ordinances.
The guarantee to correct the defective work shall not constitute the
exclusive remedy of the City, nor shall other remedies be limited
to the terms of either the warranty or the guarantee. If within twenty
(20) calendar days after the City has notified developer of a defect,
failure, or abnormality in the work, developer has not started to
make the necessary corrections or adjustments, the City is hereby
authorized to make the corrections or adjustments, or to order the
work to be done by a third party. The cost of the work shall be paid
by developer. The cost of all materials, parts, labor, transportation,
supervision, special instruments, and supplies required for the replacement
or repair of parts and for correction of defects shall be paid by
developer, its contractors, or subcontractors or by the surety. The
guarantee shall be extended to cover all repairs and replacements
furnished, and the term of the guarantee for each repair or replacement
shall be one (1) year after the installation or completion. The one
(1) year warranty shall cover all work, equipment, and materials that
are part of the improvements made under this Section of this Ordinance.