Common use of Commodity Compliance and Compatibility Clause in Contracts

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to ensure that the Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components are found by the Customer to be missing, incorrect, defective, damaged, non- compatible, or non-compliant, the Contractor shall, at the Customer’s discretion, be required to complete one of the following: • Install or repair the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and their respective features, equipment, and components; • Replace the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components; • Refund the purchase price of the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components to the Customer. Any changes necessary after the delivery of the Customer’s order that are required to bring a Commodity into compliance or compatibility due to an incorrect order fulfillment by the Contractor shall be accomplished at the Contractor’s expense.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to ensure insure that the Commodities Commodity supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure insure that all Commodities the Commodity ordered by the Customer Eligible User are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer Eligible User and disclosed to the Contractor by the CustomerEligible User. The Contractor’s acceptance of the CustomerEligible User’s order Purchase Order shall indicate that the Contractor agrees to deliver a Commodity that is shall be fully compliant and compatible with the Customer’s order Purchase Order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; OEM Options, Accessories, & Implements; OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s)& Replacement Parts; and their respective features, equipment, and components are found by the Customer Eligible User to be missing, incorrect, defective, damaged, non- non-compatible, or non-compliant, the Contractor shall, at the CustomerEligible User’s discretion, be required to complete do one of the following: •  Install or repair the Base Equipment; OEM Options, Accessories, & Implements; OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and their respective features, equipment, and components; • Replace the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s)& Replacement Parts; and their respective features, equipment, and components; • Refund the purchase price of  Replace the Base Equipment; OEM Options, Accessories, & Implements; OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s)& Replacement Parts; and their respective features, equipment, and components components; or  Refund the purchase price of the applicable Base Equipment; OEM Options, Accessories, & Implements; and OEM & Replacement Parts to the CustomerEligible User. Any changes necessary after the delivery of the Customer’s order Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor shall may be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to ensure that the Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components are found by the Customer to be missing, incorrect, defective, damaged, non- non-compatible, or non-compliant, the Contractor shall, at the Customer’s discretion, be required to complete one of the followingfollowing at no additional cost to the Customer: • Install or repair the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and their respective features, equipment, and components; • Replace the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components; or OEM Options, Parts, Accessories, and Implements Non-OEM Options, Parts, Accessories, and Implements; and • Refund the purchase price of the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components to the Customer. Any changes necessary after the delivery of the Customer’s order that are required to bring a Commodity into compliance or compatibility due to an incorrect order fulfillment by the Contractor shall be accomplished at the Contractor’s expense.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to ensure that the Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components Products are found by the Customer to be missing, incorrect, defective, damaged, non- compatiblenoncompatible, or non-compliant, the Contractor shall, at the Customer’s discretion, be required to complete one of the following: • Install or repair the Base EquipmentRepair Products, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and including their respective features, equipment, accessories, and components; components • Replace the Base EquipmentProducts, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, accessories, and components; , or • Refund the purchase price of the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components applicable Products to the Customer. Any changes necessary after the delivery of the Customer’s order that are required to bring a Commodity into compliance or compatibility due to an incorrect order fulfillment by the Contractor shall be accomplished at the Contractor’s expense.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to ensure that the Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components are found by the Customer to be missing, incorrect, defective, damaged, non- non-compatible, or non-compliant, the Contractor shall, at the Customer’s discretion, be required to complete one of the followingfollowing at no additional cost to the Customer: •  Install or repair the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and their respective features, equipment, and components; •  Replace the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components; • or OEM Options, Parts, Accessories, and Implements Non-OEM Options, Parts, Accessories, and Implements; and  Refund the purchase price of the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components to the Customer. Any changes necessary after the delivery of the Customer’s order that are required to bring a Commodity into compliance or compatibility due to an incorrect order fulfillment by the Contractor shall be accomplished at the Contractor’s expense.