Date: . . . . . . . . . . . .
This Warranty is given by [ . . . . . . . . .] of [ . . . . . . . . .]
( the "Supplier").
The Supplier has entered into a contract dated [ . . . . . . . . . ]
200_with [ . . . . . . . . .] of [ . . . . . . . . . ] (the "Client")
for [professional services/construction services] (the "Services")
relating to [description] at [ . . . . . . . . .] (the "Project").The
Supplier gives the following warranties to each of the Beneficiaries identified
in the Schedule below:
-
The Supplier has exercised/will exercise reasonable skill and care
in performing all its obligations under the Contract and to the extent
that the Supplier has a design responsibility, it has exercised/will
exercise the skill and care to be expected of an appropriately qualified
professional consultant [or specialist contractor].
-
The Supplier has exercised/will exercise reasonable skill and care
not to specify or use materials generally known to be deleterious
to health and safety or to the durability of works in the particular
circumstances in which they are used.
-
The Supplier will maintain professional indemnity insurance with
respect to the performance of the Services for so long as it has a
liability under this warranty, i.e. until [6/12] years from practical
completion of the Services provided that such insurance remains available
at commercially reasonable rates. The minimum insurance level will
be £[ . . . . . . . . . ] million for any one occurrence or
series of occurrences arising out of any one event.
-
The Supplier grants to each Beneficiary an irrevocable, royalty-free
licence to use and copy all designs and related documents prepared
by the Supplier under its contract with the Client. However these
documents are only to be used by the Purchaser in connection with
the Project and not for any other purpose and the Beneficiary shall
not be entitled to reproduce the designs or related documents for
an extension of the Project or any part of it. Copyright will remain
with the Supplier. The Supplier will provide copies of documents on
request on payment of its reasonable fees.
-
Each Beneficiary and the first assignee of each Beneficiary who disposes
of its interest in the Project may assign the benefit of this warranty
to a third party without the Supplier's consent. The assignment will
be effective when the Supplier receives notice of it. No other assignment
will take effect without the prior written consent of the Supplier.
-
The Supplier will not have any liability to a Beneficiary for delay
in completion of the Project. Under no circumstances will the Supplier
have any duty to any Beneficiary greater than its duty to the Client
under the Contract nor will its liability to the Beneficiary exceed
an amount equal to that mentioned in paragraph 3 above.
-
Except as stated in this Warranty, no third party will obtain any
rights under the Contracts (Rights of Third Parties) Act 1999.
