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Common use of Defective Materials Clause in Contracts

Defective Materials. All materials that Owner has determined do not conform to the requirements of the authorized Service Work Order will be rejected whether in place or not. Contractor must remove all rejected materials immediately from the Project Site, unless otherwise permitted by Owner’s Project Manager. No rejected material, or repaired defective material, shall be used in the Work, without Owner's PM written approval. Upon Contractor's failure to comply promptly with any Order of Owner made pursuant to the provisions in this Article 3.34.5 a, “Defective Materials”, Owner has the right and authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any monies due or to become due to Contractor . Inspection at Source of Supply Owner may inspect the production of any material, or the Manufacture of any product at the source of supply. Such inspection, however, will not be undertaken until Owner is assured of the cooperation and assistance of both Contractor and producer. Owner’s Project Manager or their designated representatives shall have free entry at all times to the parts of the plant Manufacturing or producing such materials. Adequate facilities must be provided free of charge to make the necessary inspections. Owner assumes no obligation to inspect materials at source of supply. Certificate of Compliance Owner may permit the use by Contractor of certain materials or assemblies before sampling and testing if accompanied by a Certificate of Compliance stating that the materials comply in all respects with the requirements of the authorized Service Work Order. The Manufacturer of the material or assembly must sign the Certificate of Compliance. Upon request by Contractor’s PM, if Owner so agrees, Owner shall grant the right to such use by issuance of a written notice by Owner’s PM. If Owner grants such permission, a Certificate of Compliance must be submitted with each lot of material delivered to the Project Site and the lot so certified must be clearly identified in the Certificate of Compliance. Owner may sample and test all materials used pursuant to a Certificate of Compliance at any time. The fact that material is used pursuant to a Certificate of Compliance does not relieve Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the authorized Service Work Order; and any such material not conforming to such requirements will be subject to rejection whether in place or not. Owner reserves the unrestricted right to refuse to permit the use of material pursuant to a Certificate of Compliance. Owner will set the form of the Certificate of Compliance and its disposition. Testing Contractor must furnish without cost to Owner, adequate Samples of all materials necessary for testing. Tests must be by a Laboratory accepted by Owner and paid for by Contractor. Contractor must pay all costs of all tests. If a test fails, Contractor must pay for subsequent tests until passage. The Laboratory must submit certified copies of all test reports directly to Owner and Contractor by 10 a.m. of the second workday after performing each test. Property Rights in Materials Nothing in this Agreement or any authorized Service Work Order shall be construed as vesting in Contractor any right of property ownership in the materials used in the Work after they have been attached or affixed to the Work or the soil, or after payment has been made in an amount equal or greater than ninety percent (90%) of the total value of all materials delivered to the Project Site, or stored subject to or within the control of Owner. All such materials become the property of Owner upon being so attached or affixed or upon such payment. Contractor must immediately, and in any event no later than twenty-four (24) hours after discovery, and before such conditions are disturbed, notify Owner in writing of: Subsurface or latent physical conditions at the Project Site which Contractor asserts differ materially from those indicated in the authorized Service Work Order; or Unknown physical conditions at the Project Site, of an unusual nature, which Contractor asserts differ materially from those ordinarily encountered and generally recognized as inherent in the character of the work as specified in this Agreement. Owner will promptly investigate the conditions. If Owner finds that such conditions do materially differ, issue a Supplementary SWO.

Appears in 3 contracts

Samples: Construction Contract, Contract Agreement, Contract Agreement

Defective Materials. All materials that Owner has determined do not conform to the requirements of the authorized Service Work Order will be rejected whether in place or not. Contractor must remove all rejected materials immediately from the Project Site, unless otherwise permitted by Owner’s Project Manager. No rejected material, or repaired defective material, shall be used in the Work, Work without Owner's PM written approval. Upon Contractor's failure to comply promptly with any Order of Owner made pursuant to the provisions in this Article 3.34.5 3.36.6 a, “Defective Materials”, Owner has the right and authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any monies due or to become due to Contractor . Inspection at Source of Supply Owner may inspect the production of any material, or the Manufacture of any product at the source of supply. Such inspection, however, will not be undertaken until Owner is assured of the cooperation and assistance of both Contractor and producer. Owner’s Project Manager or their designated representatives shall have free entry at all times to the parts of the plant Manufacturing or producing such materials. Adequate facilities must be provided free of charge to make the necessary inspections. Owner assumes no obligation to inspect materials at source of supply. Certificate of Compliance Owner may permit the use by Contractor of certain materials or assemblies before sampling and testing if accompanied by a Certificate of Compliance stating that the materials comply in all respects with the requirements of the authorized Service Work Order. The Manufacturer of the material or assembly must sign the Certificate of Compliance. Upon request by Contractor’s PM, if Owner so agrees, Owner shall grant the right to such use by issuance of a written notice by Owner’s PM. If Owner grants such permission, a Certificate of Compliance must be submitted with each lot of material delivered to the Project Site and the lot so certified must be clearly identified in the Certificate of Compliance. Owner may sample and test all materials used pursuant to a Certificate of Compliance at any time. The fact that material is used pursuant to a Certificate of Compliance does not relieve Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the authorized Service Work Order; and any such material not conforming to such requirements will be subject to rejection whether in place or not. Owner reserves the unrestricted right to refuse to permit the use of material pursuant to a Certificate of Compliance. Owner will set the form of the Certificate of Compliance and its disposition. Testing Contractor must furnish without cost to Owner, adequate Samples of all materials necessary for testing. Tests must be by a Laboratory accepted by Owner and paid for by Contractor. Contractor must pay all costs of all tests. If a test fails, Contractor must pay for subsequent tests until passage. The Laboratory must submit certified copies of all test reports directly to Owner and Contractor by 10 a.m. of the second workday after performing each test. Property Rights in Materials Nothing in this Agreement or any authorized Service Work Order shall be construed as vesting in Contractor any right of property ownership in the materials used in the Work after they have been attached or affixed to the Work or the soil, or after payment has been made in an amount equal or greater than ninety percent (90%) of the total value of all materials delivered to the Project Site, or stored subject to or within the control of Owner. All such materials become the property of Owner upon being so attached or affixed or upon such payment. Contractor must immediately, and in any event no later than twenty-four (24) hours after discovery, and before such conditions are disturbed, notify Owner in writing of: Subsurface or latent physical conditions at the Project Site which Contractor asserts differ materially from those indicated in the authorized Service Work Order; or Unknown physical conditions at the Project Site, of an unusual nature, which Contractor asserts differ materially from those ordinarily encountered and generally recognized as inherent in the character of the work as specified in this Agreement. Owner will promptly investigate the conditions. If Owner finds that such conditions do materially differ, it will issue a Supplementary Supplemental SWO.

Appears in 2 contracts

Samples: Contract Agreement, Contract Agreement