Conformity and acceptance Clause Samples

Conformity and acceptance. (1) So- licitations and contracts requiring the delivery of technical data shall specify the requirements the data must satisfy to be acceptable. Contracting officers, or their authorized representatives, are responsible for determining whether technical data tendered for acceptance conform to the contractual require- ments. (2) The clause at 252.227–7030, Tech- nical Data—Withholding of Payment, provides for withholding up to 10 per- cent of the contract price pending cor- rection or replacement of the noncon- forming technical data or negotiation of an equitable reduction in contract price. The amount subject to with- holding may be expressed as a fixed dollar amount or as a percentage of the contract price. In either case, the amount shall be determined giving consideration to the relative value and importance of the data. For example— (i) When the sole purpose of a con- tract is to produce the data, the rel- ative value of that data may be consid- erably higher than the value of data produced under a contract where the production of the data is a secondary objective; or (ii) When the Government will main- tain or repair items, repair and mainte- ▇▇▇▇▇ data may have a considerably higher relative value than data that merely describe the item or provide performance characteristics. (3) Do not accept technical data that do not conform to the contractual re- quirements in all respects. Except for nonconforming restrictive markings (see paragraph (b)(4) of this sub- section), correction or replacement of nonconforming data or an equitable re- duction in contract price when correc- tion or replacement of the noncon- forming data is not practicable or is not in the Government’s interests, shall be accomplished in accordance with— (i) The provisions of a contract clause providing for inspection and ac- ceptance of deliverables and remedies for nonconforming deliverables; or (ii) The procedures at FAR 46.407(c) through (g), if the contract does not contain an inspection clause providing remedies for nonconforming deliverables. (4) Follow the procedures at 227.7103– 12 (a) (2) if nonconforming markings are the sole reason technical data fail to conform to contractual requirements. The clause at 252.227–7030 may be used to withhold an amount for payment, consistent with the terms of the clause, pending correction of the non- conforming markings.

Conformity and acceptance. (1) Solicitations and contracts requiring the delivery of technical data shall specify the requirements the data must satisfy to be acceptable. Contracting officers, or their authorized representatives, are responsible for determining whether technical data tendered for acceptance conform to the contractual requirements. (2) The clause at 252.227-7030, Technical Data - Withholding of Payment, provides for withholding up to 10 percent of the contract price pending correction or replacement of the nonconforming technical data or negotiation of an equitable reduction in contract price. The amount subject to withholding may be expressed as a fixed dollar amount or as a percentage of the contract price. In either case, the amount shall be determined giving consideration to the relative value and importance of the data. For example - (i) When the sole purpose of a contract is to produce the data, the relative value of that data may be considerably higher than the value of data produced under a contract where the production of the data is a secondary objective; or (ii) When the Government will maintain or repair items, repair and maintenance data may have a considerably higher relative value than data that merely describe the item or provide performance characteristics. (3) Do not accept technical data that do not conform to the contractual requirements in all respects. Except for nonconforming restrictive markings (see paragraph (b)(4) of this subsection), correction or replacement of nonconforming data or an equitable reduction in contract price when correction or replacement of the nonconforming data is not practicable or is not in the Government's interests, shall be accomplished in accordance with - (i) The provisions of a contract clause providing for inspection and acceptance of deliverables and remedies for nonconforming deliverables; or (ii) The procedures at FAR 46.407(c) through (g), if the contract does not contain an inspection clause providing remedies for nonconforming deliverables. (4) Follow the procedures at 227.7103-12(a)(2) if nonconforming markings are the sole reason technical data fail to conform to contractual requirements. The clause at 252.227-7030 may be used to withhold an amount for payment, consistent with the terms of the clause, pending correction of the nonconforming markings.

Conformity and acceptance. 6.1 In the purchase agreement, insofar as is necessary, Metallo shall expressly state the specifications to which the goods must conform. 6.2 Prior to the goods being unloaded at Metallo, Metallo has the right, but not the obligation, to perform checks (which may include laboratory tests) in order to ascertain that the goods conform to the specifications established in the contract. The non-performance of such checks at the time of delivery or the unloading of the good shall not affect the right of Metallo to compensation of damages due to non-conformant delivery, if this non-conformity is established at a later time. With regard to visible non-conformity, Metallo shall inform the seller of this within five work days of delivery. If this notification takes place within the stated period of five work days, the seller may not dismiss the claims of Metallo due to tardiness and/or the acceptance of this visible non-conformity. 6.3 If Metallo performs checks or has checks performed (whether or not via laboratory tests), these checks shall be done according to the standard procedures. 6.4 If the seller demands a check of the goods at the moment of delivery, this check shall be done at the expense of the seller. The seller shall also be invited to have a representative present at this check. 6.5 If the goods are non-conformant, Metallo shall store the good on its grounds, unless Metallo is legally required to destroy, remove or otherwise process the goods. In this period, the risks of loss and/or damage shall be borne exclusively by the seller. After notification of non- conformance, the seller has a period of ten workdays to retrieve the non-conformant goods. After this period has elapsed, Metallo shall either continue to store the goods at a rate of 30.00 Euros per ton per week or destroy, remove or otherwise process these goods at the expense of the seller, as decided by ▇▇▇▇▇▇▇. 6.6 If the finalized lot weight is less than 5000 kg, a fixed fee of 250€/lot, for sampling and assaying costs, will be charged.

Conformity and acceptance a) The buyer and Metallo shall finally agree in the purchase agreement to the specifications that the goods must meet. Any ambiguity with regard to the specifications provided by the buyer, insofar as they are confirmed by ▇▇▇▇▇▇▇, shall - in contradiction to article 1603, paragraph 2 of the Belgian Civil Code or any other applicable legal stipulation with the same bearing - be construed against the buyer. b) Metallo shall not make any other guarantee than that at the moment of delivery the goods shall meet the contractually determined specifications and conform to the statement on the packaging or the label and in the accompanying freight documents. Metallo confers no explicit or implicit guarantee with regard to suitability for a particular use, saleability or otherwise. c) Prior to the goods being unloaded at the buyer’s location, the buyer shall perform all necessary checks to ensure that the goods conform to the contractually determined specifications. The buyer shall also take at least three samples of the goods that are to be retained. Both the check and the sampling shall be done in a way that is usual for these goods, and such that the “usual character” is evaluated on the basis of all relevant circumstances. The costs of this shall be borne by the buyer. Metallo also has the right to be present, at its expense, at the checks and sampling - whether or not via a representative. If the buyer unloads the goods without prior checks and sampling, he shall incontestably be considered to have accepted the goods and irrevocably renounces his rights - of whatever nature - toward Metallo regarding non-conformity that could be immediately established with a check and/or sampling. d) In case of non-acceptance, the buyer is obliged to inform ▇▇▇▇▇▇▇ of the non-conformity, of which a detailed description shall be given, by registered letter - of which a copy is sent by email or fax at the same time - within a period of 24 hours after the delivery. Except in case of force majeure, the buyer irrevocably loses his rights - of whatever nature - toward Metallo due to non-conformity if both the email or fax and the registered letter are not sent to Metallo within this period of 24 hours. e) Metallo is only liable for one week after delivery for non-conformity that could not be established by the checks and/or sampling stated in sub b of article 6, on the condition that the buyer informs Metallo of this by registered letter - of which a copy is sent by email or fax at...

Conformity and acceptance. (1) So- licitations and contracts requiring the delivery of technical data shall specify the requirements the data must satisfy to be acceptable. Contracting officers, or their authorized representatives, are responsible for determining whether technical data tendered for acceptance conform to the contractual require- ments. (2) The clause at 252.227–7030, Tech- nical Data—Withholding of Payment, provides for withholding up to 10 per- cent of the contract price pending cor- rection or replacement of the noncon- forming technical data or negotiation of an equitable reduction in contract price. The amount subject to with- holding may be expressed as a fixed dollar amount or as a percentage of the contract price. In either case, the amount shall be determined giving consideration to the relative value and importance of the data. For example— (i) When the sole purpose of a con- tract is to produce the data, the rel- ative value of that data may be consid- erably higher than the value of data produced under a contract where the production of the data is a secondary objective; or (ii) When the Government will main- tain or repair items, repair and mainte- ▇▇▇▇▇ data may have a considerably higher relative value than data that merely describe the item or provide performance characteristics.