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A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract", [6] and therefore only entitles the innocent party to damages if it is breached, [6] i.e. if the warranty is not true or the defaulting party does not perform the contract in ...
A parent company guarantee (PCG) is a guarantee by a parent company of a contractor’s performance under its contract with its client, where the contractor is a subsidiary of the parent company.
The extended warranty may be offered by the warranty administrator, the retailer or the manufacturer. Extended warranties cost extra and for a percentage of the item's retail price. Some extended warranties that are purchased for multiple years state in writing that during the first year, the consumer must still deal with the manufacturer in ...
However, the words "home warranty" are not always used explicitly to mean a legal warranty is being conveyed. In many cases, at least in the United States, a home warranty is not a warranty at all, but rather a home service contract that covers the repair and/or replacement costs of home appliances , major systems such as heating and cooling ...
Breach of either a condition or a warranty will give rise to damages. It is an objective matter of fact whether a term goes to the root of a contract. By way of illustration, an actress's obligation to perform the opening night of a theatrical production is a condition, [ 5 ] whereas a singer's obligation to perform during the first three days ...
When a contract is not negotiable (adhesion contract), the wording often lets the indemnitee decide what to spend on legal costs and bill the indemnitor. [29] Most clauses are quite broad. [29] [30] The following are examples of indemnity requirements from a range of businesses. The last one, Angie's List, limits issues to the user's fault, but ...
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And, by closing warranty gaps, building owners also virtually eliminate litigation claims. The DBIA's 2005 chart shows the uptake of design–build methods in non-residential design and construction in the United States. [10] Architect-led design–build is sometimes known by the more generic name "designer-led design–build".
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