ACCEPTANCE OF SUPPLIES. a. The Contractor is not permitted to ship materials or supplies without first receiving an authorized purchase order. If WMATA receives any supplies without first sending the Contractor an authorized purchase order, the supplies will be refused without payment and the Contractor shall pay for the return shipping costs. b. The Authority shall accept or reject tendered supplies as promptly as practicable after delivery, unless otherwise provided in this Contract. The Authority’s failure to inspect and/or accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability upon the Authority, for nonconforming supplies. c. The Authority’s acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in this Contract. In such instances, the Authority, in addition to any other rights and remedies it has under this Contract, at law or in equity, shall have the right: i. To direct the Contractor to correct or replace the defective or nonconforming supplies at the original point of delivery or, if the Contracting Officer determines, at the Contractor’s facility, with no increase in Contract price in accordance with a reasonable delivery schedule as the parties may agree. The Contracting Officer may reduce the Contract price, if the Contractor fails to meet such delivery schedule; or ii. Within a reasonable time after the Contractor’s receipt of a Notice of Defects or Nonconformance, the Contracting Officer may reduce the Contract price, as is equitable under the circumstances, if he or she elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the costs of transportation.
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