The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.
Georgia Warranty Clauses
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US-OG-489
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FAQ
If the contractor decides to fix the defect, he or she must serve you within 14 days of completion of the inspection with a written offer to do one of the following: Fix the defect fully or partially, at no cost to you; Settle by monetary payment; or. Settle by a combination of the two.
In Georgia, any claim for breach of contract must be brought within six years of the discovery of the defect under OCGA §9-3-24. Also, any claim for negligent construction or fraud must be brought within four years from the time the claim arises under OCGA §9-3-30.
A typical warranty clause often covers defective work, materials and equipment, but excludes defects caused by abuse, alterations to the work, improper or insufficient maintenance, improper operation, or normal wear and tear.
The Basic Concepts: A warranty is a legally binding commitment forming part of the sales contract which assures the buyer that the product or service is free from defects. A warranty often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty.
Under Georgia law, home builders must provide a written warranty to the buyer before starting work on any job valued at over $2,500. (Georgia Code §43-41-7.) The warranty provided by the builder for the new home must, by law: be in writing.
An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued.By the original lease contract the parties may reduce the period of limitation to not less than one year.
Under Georgia's Uniform Commercial Code, O.C.G.A. § 11-2-314(1), a warranty that the goods shall be merchantable is implied in a contract for the goods' sale if the seller is a merchant with respect to goods of that kind. That warranty protects consumers from defects or conditions existing at the time of sale.
I, undersigned, do hereby warrant that all labor and material furnished and work performed in conjunction with the above referenced project are in compliance with the Contract Documents and authorized modifications thereto, and will be free from defects due to defective materials or workmanship for a period of (1) year ...