18.6.8 In the event the ACCEPTANCE TEST cannot be conducted within the period specified in Part 4.4 for reasons attributable to OWNER, and if CONTRACTOR anticipates that thereby its performance of the remaining WORK or the achievement of the date for INITIAL ACCEPTANCE as per Article 17.3 will be delayed, CONTRACTOR shall so inform OWNER.
18.6.9 In no event, however, shall any failure of OWNER in its obligations be considered as a waiver of the ACCEPTANCE TESTS nor shall CONTRACTOR thereby be relieved from any obligations under this CONTRACT with respect to the PERFORMANCE GUARANTEES.
18.7 RELIABILITY TEST
Reliability test of the PMMA plant will be performed by PACKAGE 1’s contractor on behalf of OWNER. CONTRACTOR shall be responsible for care and custody including remedy of defect of the PLANT during such reliability test.
ARTICLE 19 GUARANTEES
19.1 Guarantee Conditions
CONTRACTOR guarantees to OWNER that the WORK shall strictly comply with the provisions of this CONTRACT, shall be first-class in every respect and shall be free from defects in construction, workmanship, design or engineering furnished by CONTRACTOR and that the WORK when completed shall efficiently operate in accordance with the design criteria and SPECIFICATIONS under this CONTRACT. CONTRACTOR further guarantees to OWNER that all materials, equipment and supplies furnished by CONTRACTOR for the WORK shall be new, merchantable, of the most suitable grade, and fit for their intended purposes.
19.2 Guarantee Period
19.2.1 CONTRACTOR’s guarantees set forth in Article 19.1 shall extend for a period of twelve (12) months after the date of CERTIFICATE OF INITIAL ACCEPTANCE (“WARRANTY PERIOD”).
19.2.2 All labor, services, equipment, and material furnished by CONTRACTOR pursuant to Article 19.3.1 required to correct defects shall be guaranteed by CONTRACTOR in accordance with the guarantees set forth in Article 19.1, for a period of twelve (12) months from the date of completion of the correction or the period set forth in Article 19.2.1, whichever period is the longest.
19.3 Guarantee against Defects for Defective WORK
19.3.1 If any defect in the WORK in violation of the guarantees under Article 19.1 arises within the guarantee period under Article 19.2.1, CONTRACTOR shall, upon receipt of written notice from OWNER of such defect, promptly furnish, at no cost to OWNER, all labors, services, EQUIPMENT AND MATERIALS at the SITE necessary to correct such defect and cause the WORK to comply fully with the guarantees under Article 19.1.