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Warranties established with contractors
The CONTRACTOR guarantees by guarantee the exact and timely fulfillment of the obligations that he assumes with the conclusion of this contract.
The CONTRACTOR provides security, by bank guarantee or bond insurance, at the first request, made by a financial institution approved by the Employer, corresponding to 5% (five percent) of the total value of this contract, excluding VAT, in accordance with the draft annexed to the specifications.
The OWNER may resort to the security, regardless of court decision, in cases where the CONTRACTOR does not pay, or contest within the legal term, the contractual fines applied or fail to meet certain net obligations.
In view of the situation provided for in the previous paragraph, the CONTRACTOR must, within eight (8) days, reinforce the security to the exact extent that it has been broken.
Guarantee of works
The warranty period of the contract is 5 (five) years from the date of provisional acceptance of the work, except for removable equipment which, according to Portuguese law, will be 2 (two) years from the date of provisional acceptance. of the work.
The CONTRACTOR shall be liable to the OWNER, during the warranty period, for any damage due to soil defect or construction, modification or repair, or errors in the execution of the works, pursuant to the provisions of Article 1225 of the Civil Code.
If defects occur or if the Project specifications and requirements are not fully complied with, the CONTRACTOR shall make the respective corrections. Failing to do so, the OWNER may have these works performed by third parties, deducting the corresponding costs by resorting to the security.
The OWNER may, at any time, even before the end of the contract, use part of the area where the work is taking place, for his own use or to enable the work of third parties, and the CONTRACTOR shall facilitate adequate access to the areas completed in the work, however, the CONTRACTOR has the right to claim damages caused by such reasons.
The use of the zones described in the previous number does not relieve the CONTRACTOR of his contractual obligations, of the responsibility to complete the work as provided and to correct the deficiencies within the deadline indicated by the OWNER, and the guarantees are not released before the contract conclusion of work.