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2008-263
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2008-263
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Entry Properties
Last modified
4/8/2016 1:34:59 PM
Creation date
10/1/2015 12:31:32 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/19/2008
Control Number
2008-263
Agenda Item Number
12.C.2
Entity Name
FPL Energy Services Inc.
Subject
Master Agreement Demand Side Management
State Governmental Entities
Supplemental fields
SmeadsoftID
7541
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payment bond pursuant to Section 255 . 05 , Florida Statutes, shall extend thirty (30) days beyond <br /> the Final <br /> Acceptance Date . <br /> ARTICLE 5 - WARRANTY <br /> 5 . 1 General Warranty. The Company warrants to the Customer that the Services performed by the <br /> Company under this Master Agreement shall be performed with the degree of skill and care that is required by <br /> current good and sound professional procedures and practices, and in conformance with generally accepted industry <br /> standards prevailing at the time the Services are performed. The Company further warrants that all equipment and <br /> materials provided and installed by the Company in connection with the implementation of any ECO hereunder shall <br /> be new, be free from significant defects in design, engineering, materials, construction and workmanship, <br /> as <br /> reasonably determined by the Customer, and conform in all material respects with all requirements of applicable <br /> law, the final Design Documents applicable to such ECO and all descriptions set forth therein, <br /> applicable <br /> engineering and construction codes and standards, and all other requirements of this Master Agreement and of any <br /> applicable Customer-authorized Implementation Services Authorization Form. <br /> 5 . 2 Warranty Period. The warranty period for the warranties set forth in Section 5 . 1 shall extend, with <br /> respect to each installed ECO , for a period of one ( 1 ) year commencing thirty (30) days following the Substantial <br /> Completion Date for such ECO . <br /> 5 . 3 Remedies . The Customer shall promptly notify the Company in writing of the discovery during <br /> the applicable warranty period of any claim against the Company ' s warranties under Section 5 . 1 , including any <br /> defects in the equipment or materials installed as part of an ECO . As the Customer ' s sole and exclusive remedy for <br /> any such claim against the Company ' s warranties, the Company shall, at its own cost and expense , as soon <br /> as <br /> reasonably possible following the Company ' s receipt of notice of any claim against any warranty or the Company ' s <br /> otherwise obtaining knowledge of any claim of warranty, cause the repair (or as Company determines appropriate <br /> the replacement, rework and/or retest) of defective equipment and construction workmanship and/or provide at the <br /> Company ' s expense any changes , modifications or additions to the work which the Company determines necessary <br /> due to a failure to perform any Services hereunder and furnish the equipment and materials in accordance with the <br /> standards set forth in Section 5 . 1 . All costs directly associated with the Company ' s rework and testing thereof shall <br /> be borne by the Company. The Company shall use reasonable efforts to perform such remedial actions and make <br /> any tests in a timely manner and at such times so as to minimize disruption of normal operations at the Customer ' s <br /> Service Location. <br /> 5 .4 Vendor Warranties . Without limiting the Company ' s warranty set forth in Section 5 . 1 , the <br /> Company, in procuring materials and equipment for an ECO, shall use reasonable efforts to obtain customary and <br /> standard Vendor warranties from the supplier or Subcontractor for the benefit of the Company and the Customer. <br /> The Customer shall be entitled to the benefit of any Vendor or Subcontractor warranties obtained which are better or <br /> of longer duration than those provided by the Company hereunder. If any such warranties are for a period longer <br /> than the Company ' s warranties, they shall be transferred to the Customer at the end of the Company ' s warranty <br /> period under Section 5 . 3 . <br /> 5 . 5 Company Principally Responsible . Notwithstanding Section 5 .4 , the Company shall have primary <br /> liability with respect to all Company warranties set forth in Section 5 . 1 , including warranties with respect <br /> to <br /> materials and equipment, whether or not any event or defect is also covered by a Vendor or Subcontractor warranty, <br /> for the warranty period set forth in Section 5 . 3 , and the Customer need only look to the Company for corrective <br /> action during the warranty period set forth in Section 5 . 3 . Upon the expiration of the warranty period set forth in <br /> Section 5 . 3 , Customer shall look to the applicable Vendor or Subcontractor to the extent such <br /> Vendor or <br /> Subcontractor provides a warranty beyond the warranty period in Section 5 . 3 . <br /> 5 . 6 Warranty Exclusions . The liabilities and obligations of the Company under this Article 5 do not <br /> extend to any repairs, adjustments, alterations, replacements or maintenance which were not prior approved in <br /> writing by the Company or may be required as a result of wear and tear in the operation or use of an ECO, or as a <br /> result of the Customer ' s failure to operate or maintain an ECO in accordance with the operating manuals <br /> or <br /> instructions supplied by the Company, or in accordance with the training provided by the Company to Customer ' s <br /> Page 9 of 20 Rev 08/ 15/08 <br />
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