As long as both parties agree to withhold the warranty. In most cases, the equipment contract for the signing of the time need to agree to a certain amount of warranty to be retained, the contract is completed on the return. According to the "Chinese people's *** and the state construction law" article 62 of the regulations: "construction projects to implement the quality warranty system", "the specific scope of the warranty and the minimum warranty period by the state council". The purpose of the construction quality warranty agreed in the construction contract is to ensure the timely availability of funds required for the warranty of the project, is a guarantee measure to restrain the construction unit to fulfill the warranty obligations, therefore, the quality warranty should be dealt with only after the expiration of the warranty period. Quality warranty refers to the contractor and the contractor in the construction contract agreed in the construction project completion and acceptance and delivery of the construction works, from the contractor payable in a certain percentage of the amount of money set aside to repair the quality defects of the construction works, mainly for the purpose of guaranteeing the completion of the acceptance of the quality problems.
Legal basis
"The Chinese people's *** and the state construction law" article 62 of the construction works to implement quality warranty system. The warranty scope of construction works shall include foundation works, the main structural works, roof waterproofing works and other civil engineering works, as well as electrical piping, water and sewage piping installation works, heating and cooling system works and other projects; warranty period shall be in accordance with the guarantee of the building within a reasonable life span of normal use, safeguard the legitimate rights and interests of users of the principle of determination. Specific warranty coverage and minimum warranty period specified by the State Council.