9.2.1  Fitness for purpose

(a)  In accordance with section 9.1, the private party will provide a warranty that the facility, as designed and constructed, will be, and will remain at all relevant times, 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 Project Contracts (including the Output Specification).

(c)  Jurisdictions adopting this approach recognise the need (given the requirement for a fitness for purpose warranty) for the Output Specification to adequately describe government's required outputs and disclose relevant operating protocols.