Common use of Description of Scope Clause in Contracts

Description of Scope. Scope Group UNSPSC Code(s) Group Description Commodity Specifications and Standards 1. All Commodities shall be designed, constructed, equipped, assembled (except as specified in section 3.9, Transportation and Delivery), and installed (OEM & Replacement Parts do not include installation) to be fully suitable for their intended use, purpose, and service; 2. All Commodities shall be new and unused (except as specified in section 3.9, Transportation and Delivery), for the current Manufacturer’s model year or later, of current or recent production, and of the latest design and construction; 3. All Commodities shall be bio-diesel (B-20), compressed natural gas (“CNG”), diesel, electric, gasoline (E-10 to E-85), liquefied petroleum gas (“LPG”), natural gas, or propane powered; 4. All Commodities shall include all OEM standard features, equipment, and components, Manufacturer or Dealer installed according to the Manufacturer’s standard procedures, requirements, and specifications; 5. All Commodities shall be free of damage and / or rust which may affect appearance or serviceability; 6. All Commodities shall comply with current legal, customary, reasonable, and prudent standards of professionalism and care in the industry; 7. All Commodities shall comply with current mandatory and applicable federal and State of Florida motor vehicle, mobile equipment, legal, safety, and environmental standards and requirements; and 8. All Commodities shall meet the requirements, specifications, terms, and conditions herein. No Contractor’s or Dealer’s advertising or identification (name, logos, etc.) is permitted on the Commodities, including all Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their components. Commodity Manufacturer’s advertising or identification (name, model, logos, etc.) shall be permitted on the respective Commodities if such advertising or identification is a Manufacturer’s standard on the specific Commodity. The Department in its sole discretion shall determine what is Contractor’s or Dealer’s advertising or identification, what is Commodity Manufacturer’s advertising or identification, and what advertising or identification is acceptable. The Contractor shall be responsible for removing, without damage, all unacceptable advertising or identification. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination. It is the intent of the Department that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of Commodities and contractual services being provided. This includes, but is not limited to, Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations that apply to the type and class of Commodities and contractual services being provided. In addition, any applicable federal or State legislation that should become effective during the term of the Contract, regarding the Commodities and contractual services’ specifications, safety, and environmental requirements shall immediately become a part of the Contract. The Contractor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor and Dealer shall contact the Contract Manager immediately.