Defective Goods or Work. Owner, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Construction Manager shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to Construction Manager, require Construction Manager to remove them, or direct a correction in place. The expense of any such remedy shall be borne by Construction Manager, including any excess cost.
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Defective Goods or Work. Owner, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Construction Manager Contractor shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to Construction ManagerContractor, require Construction Manager Contractor to remove them, or direct a correction in place. The expense of any such remedy shall be borne by Construction ManagerContractor, including any excess cost.
Appears in 2 contracts
Samples: Form Construction Agreement, Form Construction Agreement
Defective Goods or Work. Owner, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Construction Manager Vendor shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to Construction ManagerVendor, require Construction Manager Vendor to remove them, or direct a correction in place. The expense of any such remedy shall be borne by Construction ManagerVendor, including any excess cost.
Appears in 2 contracts
Samples: Agreement, University of Nebraska
Defective Goods or Work. OwnerOWNER, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Construction Manager FIRM shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner OWNER may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to Construction ManagerFIRM, require Construction Manager FIRM to remove them, or direct a correction in place. The expense of any such remedy shall be borne by Construction ManagerFIRM, including any excess cost.
Appears in 1 contract
Samples: Agreement