Common use of Defective, Damaged, or Deteriorated Materials and Rejection Thereof Clause in Contracts

Defective, Damaged, or Deteriorated Materials and Rejection Thereof. DCAMM may reject materials if DCAMM reasonably determines that such materials do not conform to the requirements of the Contract in any manner, including but not limited to materials that have become damaged or deteriorated from improper storage whether or not such materials have previously been accepted. CONTRACTOR at its own expense shall remove rejected materials from the Premises. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of DCAMM. Should CONTRACTOR fail to remove rejected material within a reasonable time, DCAMM may, in addition to any other available remedies, remove and/or replace the rejected material, and deduct the cost of such removal and/or replacement from any monies due or to become due CONTRACTOR. No extra time shall be allowed for completion of Installation Services by reason of such rejection. The inspection of the Installation Services shall not relieve CONTRACTOR of any of its obligations herein prescribed, and any defective Installation Services shall be corrected. Installation Services not conforming to this Contract may be rejected notwithstanding that such Installation Services and materials have been previously overlooked or misjudged by DCAMM and accepted for payment. If the Installation Services or any part thereof shall be found defective at any time before Final Project Notification Approval, CONTRACTOR shall forthwith correct such defect in a manner satisfactory to DCAMM. Nothing in this Contract shall be construed as vesting in CONTRACTOR any property rights in the materials used after they have been attached or affixed to the Premises; but all such materials shall upon being so attached or affixed become property of the Commonwealth.

Appears in 3 contracts

Samples: Energy Services Agreement, Energy Services Agreement, Energy Services Agreement

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Defective, Damaged, or Deteriorated Materials and Rejection Thereof. FOR DCAMM USE ONLY The Designer may reject materials if DCAMM the Designer reasonably determines that such materials do not conform to the requirements of the Contract Documents in any manner, including but not limited to materials that have become damaged or deteriorated from improper storage whether or not such materials have previously been accepted. CONTRACTOR The CM at its own expense shall remove rejected materials from the PremisesWork. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of DCAMMthe Designer. Should CONTRACTOR the CM fail to remove rejected material within a reasonable time, DCAMM may, in addition to any other available remedies, remove and/or replace the rejected material, and deduct the cost of such removal and/or replacement from any monies moneys due or to become due CONTRACTORthe CM. No extra time shall be allowed for completion of Installation Services Work by reason of such rejection. The inspection of the Installation Services Work shall not relieve CONTRACTOR the CM of any of its obligations herein prescribed, and any defective Installation Services Work shall be corrected. Installation Services Work not conforming to this the Contract Documents may be rejected notwithstanding that such Installation Services Work and materials have been previously overlooked or misjudged by DCAMM the Designer and accepted for payment. If the Installation Services Work or any part thereof shall be found defective at any time before Final Project Notification ApprovalAcceptance of the whole Work, CONTRACTOR the CM shall forthwith correct make good such defect in a manner satisfactory to DCAMMthe Designer. Nothing in this the Contract shall be construed as vesting in CONTRACTOR the CM any property rights in the materials used after they have been attached or affixed to the PremisesWork or the Site; but all such materials shall upon being so attached or affixed become a property of the CommonwealthOwner.

Appears in 2 contracts

Samples: Agreement, www.mass.gov

Defective, Damaged, or Deteriorated Materials and Rejection Thereof. DCAMM The Designer may reject materials if DCAMM the Designer reasonably determines that such materials do not conform to the requirements of the Contract Documents in any manner, including but not limited to materials that have become damaged or deteriorated from improper storage whether or not such materials have previously been accepted. CONTRACTOR The Contractor at its own expense shall remove rejected materials from the PremisesWork. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of DCAMMthe Designer. Should CONTRACTOR the Contractor fail to remove rejected material within a reasonable time, DCAMM the Designer and/or Awarding Authority may, in addition to any other available remedies, remove and/or replace the rejected material, and to deduct the cost of such removal and/or replacement from any monies moneys due or to become due CONTRACTORthe Contractor. No extra time shall be allowed for completion of Installation Services Work by reason of such rejection. The inspection of the Installation Services Work shall not relieve CONTRACTOR the Contractor of any of its obligations herein prescribed, and any defective Installation Services Work shall be corrected. Installation Services Work not conforming to this the Contract Documents may be rejected notwithstanding that such Installation Services Work and materials have been previously overlooked or misjudged by DCAMM the Designer and accepted for payment. If the Installation Services Work or any part thereof shall be found defective at any time before Final Project Notification ApprovalAcceptance of the whole Work, CONTRACTOR the Contractor shall forthwith correct make good such defect in a manner satisfactory to DCAMMthe Designer. Nothing in this the Contract shall be construed as vesting in CONTRACTOR the Contractor any property rights in the materials used after they have been attached or affixed to the PremisesWork or the Site; but all such materials shall upon being so attached or affixed become a property of the CommonwealthOwner.

Appears in 2 contracts

Samples: Vertical Construction Contract, www.mass.gov

Defective, Damaged, or Deteriorated Materials and Rejection Thereof. DCAMM may reject materials if DCAMM reasonably determines that such materials do not conform to the requirements of the Contract in any manner, including but not limited to materials that have become damaged or deteriorated from improper storage whether or not such materials have previously been accepted. CONTRACTOR at its own expense shall remove rejected materials from the Premises. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of DCAMMCUSTOMER. Should CONTRACTOR fail to remove rejected material within a reasonable time, DCAMM may, in addition to any other available remedies, remove and/or replace the rejected material, and deduct the cost of such removal and/or replacement from any monies due or to become due CONTRACTOR. No extra time shall be allowed for completion of Installation Services by reason of such rejection. The inspection of the Installation Services shall not relieve CONTRACTOR of any of its obligations herein prescribed, and any defective Installation Services shall be corrected. Installation Services not conforming to this Contract may be rejected notwithstanding that such Installation Services and materials have been previously overlooked or misjudged by DCAMM and accepted for payment. If the Installation Services or any part thereof shall be found defective at any time before Final Project Notification Approval, CONTRACTOR shall forthwith correct such defect in a manner satisfactory to DCAMM. Nothing in this Contract shall be construed as vesting in CONTRACTOR any property rights in the materials used after they have been attached or affixed to the Premises; but all such materials shall upon being so attached or affixed become property of the CommonwealthFACILITY.

Appears in 2 contracts

Samples: Energy Services Agreement, Energy Services Agreement

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Defective, Damaged, or Deteriorated Materials and Rejection Thereof. DCAMM The Designer may reject materials if DCAMM the Designer reasonably determines that such materials do not conform to the requirements of the Contract Documents in any manner, including but not limited to materials that have become damaged or deteriorated from improper storage whether or not such materials have previously been accepted. CONTRACTOR The Contractor at its own expense shall remove rejected materials from the PremisesWork. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of DCAMMthe Designer. Should CONTRACTOR the Contractor fail to remove rejected material within a reasonable time, DCAMM the Designer and/or Awarding Authority may, in addition to any other available remedies, remove and/or replace the rejected material, and deduct the cost of such removal and/or replacement from any monies moneys due or to become due CONTRACTORthe Contractor. No extra time shall be allowed for completion of Installation Services Work by reason of such rejection. The inspection of the Installation Services Work shall not relieve CONTRACTOR the Contractor of any of its obligations herein prescribed, and any defective Installation Services Work shall be corrected. Installation Services Work not conforming to this the Contract Documents may be rejected notwithstanding that such Installation Services Work and materials have been previously overlooked or misjudged by DCAMM the Designer and accepted for payment. If the Installation Services Work or any part thereof shall be found defective at any time before Final Project Notification ApprovalAcceptance of the whole Work, CONTRACTOR the Contractor shall forthwith correct make good such defect in a manner satisfactory to DCAMMthe Designer. Nothing in this the Contract shall be construed as vesting in CONTRACTOR the Contractor any property rights in the materials used after they have been attached or affixed to the PremisesWork or the Site; but all such materials shall upon being so attached or affixed become a property of the CommonwealthOwner.

Appears in 2 contracts

Samples: www.mass.gov, www.mass.gov

Defective, Damaged, or Deteriorated Materials and Rejection Thereof. For DCAMM Use Only The Designer may reject materials if DCAMM the Designer reasonably determines that such materials do not conform to the requirements of the Contract Documents in any manner, including but not limited to materials that have become damaged or deteriorated from improper storage whether or not such materials have previously been accepted. CONTRACTOR The CM at its own expense shall remove rejected materials from the PremisesWork. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of DCAMMthe Designer. Should CONTRACTOR the CM fail to remove rejected material within a reasonable time, DCAMM may, in addition to any other available remedies, remove and/or replace the rejected material, and deduct the cost of such removal and/or replacement from any monies moneys due or to become due CONTRACTORthe CM. No extra time shall be allowed for completion of Installation Services Work by reason of such rejection. The inspection of the Installation Services Work shall not relieve CONTRACTOR the CM of any of its obligations herein prescribed, and any defective Installation Services Work shall be corrected. Installation Services Work not conforming to this the Contract Documents may be rejected notwithstanding that such Installation Services Work and materials have been previously overlooked or misjudged by DCAMM the Designer and accepted for payment. If the Installation Services Work or any part thereof shall be found defective at any time before Final Project Notification ApprovalAcceptance of the whole Work, CONTRACTOR the CM shall forthwith correct make good such defect in a manner satisfactory to DCAMMthe Designer. Nothing in this the Contract shall be construed as vesting in CONTRACTOR the CM any property rights in the materials used after they have been attached or affixed to the PremisesWork or the Site; but all such materials shall upon being so attached or affixed become a property of the CommonwealthOwner.

Appears in 1 contract

Samples: www.mass.gov

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