Failure to comply with Specifications Clause Samples
The "Failure to comply with Specifications" clause defines the consequences and remedies if a party does not meet the agreed technical or quality requirements outlined in a contract. Typically, this clause allows the non-breaching party to demand correction, replacement, or even reject goods or services that do not conform to the specified standards. Its core function is to ensure that contractual deliverables meet the required specifications, thereby protecting the interests of the receiving party and providing a clear process for addressing non-compliance.
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Failure to comply with Specifications. If the Contractor fails to comply with any of the requirements of this Specification, all activities shall cease immediately except traffic control and erosion control related work. Monies that are currently due or that may become due shall be withheld according to the specifications. In addition, nonrefundable monies shall be deducted from the contract as shown in the Schedule of Deductions table below. These deductions are in addition to any actions taken in the above subsections. Deductions assessed for uncorrected deficiencies shall continue until all corrections are completed to the satisfaction of the Engineer.
Failure to comply with Specifications. If a Seller product fails the Acceptance Program, Nortel Networks will notify Seller, identifying the problem. Upon receipt of the notice, Seller will, at its expense, correct the problem by the Acceptance Date. However, Nortel Networks is not obligated to accept a Product until Nortel Networks has verified to its satisfaction that the problem is resolved.
Failure to comply with Specifications. If any Work provided or performed by the Contractor does not meet Specifications or performance requirements, the Board reserves the right to delay payment until the problem is corrected or to terminate this Contract for default pursuant to General Condition 18.b. below.
Failure to comply with Specifications. 8.1.1.1 If any milk supplied by Supplier fails to comply with the Specifications (Defective Milk) then the Purchaser may elect whether to:
(a) apply the applicable Quality Deduction to the Price (Quality Discounted Price) and accept and purchase the Defective Milk at the Quality Discounted Price; or
(b) accept and purchase the Defective Milk at the Price; or
(c) reject and not purchase the Defective Milk; and/or
(d) suspend future Collections of the Supplier’s milk until the Supplier satisfies the Purchaser (acting reasonably) that the milk to be supplied complies with the Specifications; and/or
(e) require the Supplier to submit a corrective action plan; and/or
(f) conduct further testing of the Supplier’s milk without prior notice to the Supplier.
8.1.1.2 If the Purchaser rejects the Defective Milk, as soon as practicable after the Purchaser rejects the Defective Milk, the Purchaser must give the Supplier written notice of the rejection including:
(i) the reasons for the rejection; and
(ii) the consequences for the Supplier of the rejection (including any costs and fees payable by the Supplier arising as a result of the rejection).
8.1.1.3 If the Collection of Defective Milk has occurred, the Supplier must arrange for the disposal of the Defective Milk at the Supplier’s cost.
8.1.1.4 If the Collection of Defective Milk has occurred and the Defective Milk has been commingled with other milk, including milk from other suppliers (for example, in a tanker) (Spoiled Milk), the Supplier is liable to compensate:
(a) the Purchaser; and
(b) if applicable, the suppliers or owners of the Spoiled Milk, for any loss or damage arising from the Defective Milk or Spoiled Milk, including the cost of the Spoiled Milk, and the Collection costs for the Defective Milk and Spoiled Milk. The Purchaser may elect to deduct these amounts from future payments to the Supplier.
8.1.1.5 If Collection of Defective Milk has not occurred, the Supplier will arrange for the disposal of the Defective Milk at the Supplier’s cost.
Failure to comply with Specifications. 1. The Equipment and Services provided by the CONSULTANT is required to meet the specifications stated in Annex I.
2. Without prejudice to the provisions of other items of the present Contract and its Annexes, the CONSULTANT undertakes to repair, at no extra cost to the COMPANY, any malfunctions provided that they do not derive from a failure to comply with the technical recommendations of the CONSULTANT.