Acceptance and Defects. 10.1 The Contractor shall notify the Procuring Entity in advance of the expected date of completion if the Works cannot be completed in accordance with the Work Program or Delivery Date states in Annex D of the SCC.
10.2 If the inspection and/or testing confirms that the Works fully meet the Specifications, the Procuring Entity shall accept the Works by issuing a letter signed by the appropriate official certifying that the Works were evaluated and found to be delivered according to the terms of the Contract. Such acceptance (“Final Acceptance”) shall not relieve the Contractor of the guarantee obligations under the Contract.
10.3 The Procuring Entity may reject the Execution of Works when they are evaluated to be inadequate or not conforming to the Specifications provided in Annex E of the SCC. The Procuring Entity shall ask the Contractor to promptly either rectify or modify/improve the Works, as necessary, and at no cost to the Procuring Entity, to meet the required Specifications. The Contractor must notify the Procuring Entity in writing when it considers practical completion has been reached.
10.4 In case the Works do not satisfy the Specifications in spite of the Contractor’s continual remedying, the Procuring Entity shall, after mutual discussion, be entitled to terminate the Contract as per Clause 15 of the GCC. In this case, the Contractor shall refund the full amount prepaid for any rejected Work and shall indemnify the Procuring Entity against all losses, damages and any additional expenses that the Procuring Entity incurred to repair or replace the defective Works.
10.5 Unless otherwise agreed, the risk of loss and title to the Works is borne by the Contractor and shall pass to the Procuring Entity only upon the Final Acceptance made pursuant to clause 10.2 of the GCC.
10.6 Upon transfer of the ownership, in accordance with Clause 10.5, the Procuring Entity shall have the right to a one year warranty period, during which the Contractor shall, at its own cost, remedy if and to the extent that the Works, section or a major item of the Works (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason of a defect or by reason of damage attributable to the Contractor. This obligation continues until the defect is rectified or the incomplete Work is finalised and does not come to an end when the warranty period is over.
10.7 If the Contractor fails to correct a defect or finalise incomplete Work ...
Acceptance and Defects. 6.1 If stated in a Purchase Order, ICG will perform acceptance tests on Goods and/or Services.
6.2 If there are any defects in any Goods or Services, or any defects remain in any Goods or Services after following the process described in clause 6.1, then without limiting any of its other rights or remedies, ICG may at its absolute discretion:
(i) accept the Goods or Services at a reduced price agreed with the Supplier;
(ii) require the Supplier, at the Supplier's expense, to accept the Goods for return and refund any monies paid by ICG in respect of the Goods;
(iii) rectify or have rectified any defect in the Goods or Services at the Supplier's expense; or
(iv) by written notice, terminate the Agreement.
Acceptance and Defects
