Failure to Meet Obligations. If the vendor is unable to meet its agreement obligations as set out in this invitation, the Indiana Department of Transportation, at its option may purchase materials from any other available source on the open market, cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the contracted vendor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the contracted vendor. These specifications and terms and conditions apply to other governmental bodies and other state agencies that are listed within this solicitation. These specifications will not apply to INDOT locations in this solicitation. The material to be furnished shall consist of sodium chloride delivered at Contractor’s expense to various Buyer facilities. This rock salt shall be used as a deicer for road maintenance. Rejection - All sodium chloride delivered will be visually inspected by Buyer at the time of delivery and samples may be tested for gradation purity, leaching and moisture content. Any material delivered which contains lumps, foreign matter, or free water, or otherwise fails to conform to the requirements contained herein, shall be rejected. In the event the material has been dumped prior to rejection it shall be immediately reloaded or removed by the Contractor within forty-eight (48) hours of notification of rejection. Buyers shall not be responsible for either the cost of rejected material or the cost to dispose of rejected material not picked up by Contractor within forty-eight (48) hours of the rejection. Buyers reserve the right to offset those costs against any future payments to Contractor at a rate of $10.00 per ton for each day the salt remains on the district locations. In the event untreated sodium chloride is added to the stockpile prior to testing, deductions will be made for untreated sodium chloride that does not comply with the following specifications:
Appears in 4 contracts
Samples: Contract for Road Salt, Deicing Technology Contract for Road Salt, Contract for Road Salt
