GOVERNMENT REMEDIES. 15.1 If the Goods are not delivered on the relevant Delivery Date at the Delivery Location, or do not comply with the undertakings set out in the Representation and Warranty section then, without limiting any of its other rights or remedies, and whether or not it has accepted the Goods, the Government may exercise any one or more of the following remedies:
GOVERNMENT REMEDIES. The Contracting Officer shall follow the requirements of FAR 52.246-4, Inspection of Services – Fixed-Price (AUG 1996), or 52.246-6 Inspection- Time-and-Materials and Labor Hour, as applicable, for contractor’s failure to correct non-conforming services. In the event that services fail to conform to contract requirements and cannot be remedied by re-performance, the Government reserves the right to reduce the contract price to reflect the reduced value of the non-conforming services. The government will notify the contractor of weaknesses or discrepancies as they become apparent. The first notification will be to attempt to obtain re- performance if possible. Deficiencies that exceed the SDS acceptable levels will be issued on a Contract Discrepancy Report.
GOVERNMENT REMEDIES. If the Goods are not delivered on the relevant Delivery Date at the Delivery Location, or do not comply with the undertakings set out in the Representation and Warranty section then, without limiting any of its other rights or remedies, and whether or not it has accepted the Goods, the Government may exercise any one or more of the following remedies: terminate the Agreement; reject the Goods (in whole or in part) and return them to the Supplier at the Supplier's own risk and expense; require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; recover from the Supplier any costs incurred by the Customer in obtaining substitute goods from a third party; and claim damages for any other Loss suffered or incurred by the Government which are in any way attributable to the Supplier's failure to carry out its obligations under this Agreement. If the Goods are not delivered on the Delivery Date, the Government may at its option claim or deduct 20% per cent of the price of the Goods for each week's delay in delivery by way of liquidated damages, up to a maximum of 50% per cent of the total price of the Goods. This Agreement shall apply to any repaired or replacement Goods supplied by the Supplier. The Government's rights and remedies under this Agreement are in addition to its rights and remedies implied by statute and common law.
GOVERNMENT REMEDIES. The KO shall follow 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non- conforming services.
GOVERNMENT REMEDIES. If the Goods are not delivered on the relevant Delivery Date at the Delivery Location, or does not comply with the undertakings set out in the Representation and Warranty section then, without limiting any of its other rights or remedies, and whether or not it has accepted the Goods, we may exercise any one or more of the following remedies: terminate the Agreement; reject the Goods (in whole or in part) and return them to the Supplier at the Supplier's own risk and Expense; require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; recover from the Supplier any costs suffered or incurred by us in obtaining substitute goods from a third party; and claim damages for any other Loss suffered or incurred by us which are in any way attributable to the Supplier's failure to carry out its obligations under this Agreement. If the Goods are not delivered on the Delivery Date, we may, at our option (i) claim or deduct 20% per cent of the price of the Goods for each week's delay in delivery by way of liquidated damages, up to a maximum of 50% per cent of the total price of the Goods; or (ii) if the Project is not substantially completed on the Completion Date, the Supplier shall pay to us the sum of BDM$150 per day, or part thereof, for each calendar day of inexcusable delay as liquidated damages, until the Project, System or a Service is substantially completed to our satisfaction. This Agreement shall apply to any repaired or replacement Goods supplied by the Supplier. Our rights and remedies under this Agreement are in addition to its rights and remedies implied by statute and common law. List and cost of Goods Description of Goods Delivery Date Fee Notes Photovoltaic Modules Cables APPENDIX 3
GOVERNMENT REMEDIES. The Contracting Officer shall follow the requirements of FAR 52.246-4, Inspection of Services – Fixed-Price (AUG 1996) as applicable for contractor’s failure to correct non-conforming services. In the event that services fail to conform to contract requirements and cannot be remedied by re- performance, the Government reserves the right to reduce the contract price to reflect the reduced value of the non- conforming services. The Government will notify the contractor of weaknesses or discrepancies as they become apparent. The first notification will be to attempt to obtain re-performance if possible. Deficiencies that exceed the SDS acceptable levels will be issued on a Contract Discrepancy Report, DD Form 2772.
