Common use of CONSUMABLE SUPPLIES Clause in Contracts

CONSUMABLE SUPPLIES. 32.1 The University reserves the right to procure consumable supplies to be used on or with the Goods, and suitable for the Goods from the Seller or such other source as the University may deem appropriate. Such procurement of consumables from a source other than the Seller shall not invalidate the rights of the University under these General Conditions of Contract, and shall in no way affect the provisions in respect of warranty claims made in accordance with Clause 25, nor the University’s rights under Clause 27, provided that the consumables utilised meet the minimum standards as published by the Seller or the Manufacturer, or where no published standards are available, the standards generally accepted as being appropriate to the consumable supplies for use on or with the Goods concerned. 32.2 In the event that the Seller shall claim that the use of specific consumables is adversely affecting the standards of performance of the Goods and/ or increasing the cost to the Seller of meeting its obligations to provide Warranty Services in accordance with Clause 25 and/or replacement goods in accordance with Clause 27 of this Contract, it shall be for the Seller to prove that the consumables do not meet the requisite minimum standards, and are affecting the Goods and/or increasing the Seller’s costs as set out above. If the Seller proves that the consumables do not meet the requisite minimum standards the University shall cease using the consumables concerned and procure alternative consumables which meet the standards required.