SCHEDULE 2
FORM OF WARRANTY TO BE GIVEN BY
THE NOMINATED SUB-CONTRACTOR TO
THE EMPLOYER IN CONSIDERATION OF NOMINATION
This DEED OF WARRANTY is granted to..
('the Employer') in respect of ....... ..... .
('the Main Contract Works') which are to be carried out by ..
('the Contractor') under the terms of the Contract between the Employer and the Contractor
dated...... 且...................................................................................一.. or the letter of acceptance
dated... ... ... ..... ..... .... .... ... ........ ... ............... ....... ... ........ ... ..... of the Contractor's tender dated
..* and
In respect of our Tender for ............ .
('the Sub-Contract Works') which are intended to form pa付 of the Main Contract Works under
a Nominated Sub-Contract ('the Sub-Contract') 團
We........
('the Nominated Sub-Contractor') warrant that in consideration of your instructing the Architect
to nominate us as the Nominated Sub-Contractor for the Sub-Contract Works:-
(a) We will commence and complete the Sub-Contract Works in accordance with the Sub-
Contract.
* delete as appropriate
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(b) We will indemnify the Employer against all extra costs that may be incurred by non-
performance of the Sub-Contract Works , by late completion of the Sub-Contract Works
or by any breach of these warranties.
(c) We have exercised and will exercise all reasonable skill and care in :-
(i) the design of the Sub-Contract Works insofar as the Sub-Contract Works have
been or will be designed by us; and
(i i) the selection of materials and goods for the Sub-Contract Works insofar as such
materials and goods have been or will be selected by us.
(d) We will comply with and satisfy any performance specification or requirements insofar
as such performance specification or requirements are included or referred to in the
Tender Documents and/or our Tender as part of the description of the Sub-Contract
Works.
(e) We will supply the Architect and or Contractor with such information as either may
reasonably require and at such times that the Contractor shall not be delayed in completing
the Main Contract Works by the Completion Date by our failure to supply such information
or by delay on our part , provided always that no liability shall arise in respect of such
delay on our part until we have accepted the Contractor's order in respect of the Sub-
Contract Works.
(f) Nothing in our Tender shall operate to exclude or Iimit our liability for breach of the
warranties set out herein.
(g) We will obtain a surety bond in the form set out in Schedule 1 of the Sub-Contract with
the requisite changes in wording to reflect that the bond is to be given by the Nominated
Sub-Contractor to the Employer instead of to the Contractor. This bond will be duly
executed under seal by an approved insurance company or bank , acknowledging that
the insurance company or the bank is jointly and severally bound with us to the Employer
in the sum of 10% of the Sub-Contract Sum (rounded up the nearest thousand dollars)
against breach of the warranties hereof.
The words and expressions used in this Deed of Warranty shall have the same meaning as in
the Contract and the Sub-Contract.
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SIGNED , SEALED AND DE Ll VERED by the (Note 1)
Sub-Contractor in the presence of :-
(Signature of witness)
(Name and occupation of witness)
OR
THE COMMON SEAL of the Sub-Contractor (Note 2)
was hereunto affixed in the presence of :-
(Signature of witness)
(Name and occupation of witness)
OR
SIGNED , SEALED AND DE Ll VERED for (Note 3)
and on behalf of and as lawful
attorney of the Sub-Contractor
under Power of Attorney dated
.by
in the presence of :-
(Signature of witness)
Notes (1) For use in the case of a sole proprietor or where all partners of a firm execute.
(2) For use in the case of a limited company executing under its common sea l.
(3) For use in the case of a firm or a limited company executing through an attorney.
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