9.2  Fitness for purpose warranty

(a)  In accordance with section 9.1, the private party will provide a warranty that the facility, as designed and constructed, is (and will be during the contract term) fit for the intended purposes.

(b)  Jurisdictions may, in order to provide further objectivity, seek to limit the fitness for purpose test against the purposes and uses specified in, or reasonably inferred from, the Functional Brief and the project agreement having regard to the Laws, technology, Quality Standards and the then current and intended use of the facility as at the Date of Completion.  The private party must ensure that the facility continues to be fit for purpose (in accordance with that test) for the duration of the term.  

(c)  The approach in paragraph (b) recognises the need (given the requirement for a fitness for purpose warranty) for the Functional Brief to adequately describe government's required outputs and disclose relevant operating protocols.