Warranty Conditions of Contract for Fixtures Fittings & Equipment

Warranty Conditions of Contract for Fixtures Fittings & Equipment

Pacific Consultants (now known as MEPS Building Engineers) are involved in a small number of South Pacific design building projects. Recently we ran into an issue with the warranty conditions of contract for equipment repair during the normal warranty period.

The manufacturer of the equipment had warrantied the equipment for replacement parts only but tagged out time and travel knowing the final destination for the equipment.

The contractor expected the manufacturer to travel to the island and repair the equipment for free.

The situation remained unclear for a few months regarding who was responsible for the repair. It was not until we managed to sight the original sale offer that the situation became clear.

The lesson learned is: whilst most contract documents are implicit on warranties, it pays to stipulate the warranty conditions of contract for replacement parts, travel to site and labour.