INSPECTION OF SUPPLIES. a. The Contractor shall maintain an inspection system acceptable to WMATA covering supplies under this Contract and shall tender to WMATA for acceptance, only supplies that have been inspected in accordance with this inspection system and that the Contractor finds to be in conformity with this Contract's requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to WMATA during contract performance and thereafter in accordance with the "Audit and Inspection of Records" clause of this Contract. WMATA may perform reviews and evaluations as reasonably necessary to ascertain compliance with this clause. These reviews and evaluations shall be conducted in a manner that will not unduly delay the Contract work. The right of review, whether exercised or not, does not relieve the Contractor of any obligations under this Contract. b. WMATA has the right to inspect and test all supplies under this Contract, to the extent practicable, at all places and times, including during the period of manufacturing, and before acceptance. WMATA shall perform inspections and tests in a manner that will not unduly delay the Contract work. WMATA assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this Contract. c. If WMATA performs inspections or tests on the Contractor’s or subcontractor’s premises, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these tests. Except as otherwise provided in this Contract, WMATA shall bear the expense of Authority inspections or tests made at WMATA’s own facilities, provided that the Contractor pays for inspections or tests conducted at its facilities and/or requires subcontractors to pay for inspections or tests at the subcontractors’ facilities. In case of rejection, WMATA shall not be liable for any reduction in the value of inspection or test samples. d. When supplies are not ready at the time the Contractor specifies for inspection or testing, the Contracting Officer may charge the Contractor for the additional cost of inspection or testing. i. The Contracting Officer may also charge the Contractor for any additional costs when prior rejection makes reinspection or retesting necessary. e. WMATA has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with Contract requirements. WMATA may reject nonconforming supplies with or without disposition instructions. f. When inspection occurs on WMATA’s premises, the Contractor shall remove supplies rejected or required to be corrected. The Contracting Officer may require or permit correction in place, promptly after notice, by and at the Contractor’s expense. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction and shall disclose any prior corrective action taken. g. If the Contractor fails to promptly remove, replace, or correct rejected supplies as required by this Contract, WMATA may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Any disagreement regarding a price reduction shall constitute a dispute, if properly asserted under the Disputes clause. h. If this contract provides for the Authority’s quality assurance at the source, and if WMATA requests it, the Contractor shall furnish advance notification of the time (i) when the Contractor’s inspection or tests will be performed in accordance with the terms and conditions of this Contract and (ii) when the supplies will be ready for the Authority’s inspection. i. WMATA’s request shall specify the period and method of the advance notification and the WMATA Representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if WMATA Representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.
Appears in 6 contracts
INSPECTION OF SUPPLIES.
a. The Contractor shall provide and maintain an inspection system acceptable to WMATA covering supplies under this Contract and shall tender to WMATA for acceptance, acceptance only supplies that have been inspected in accordance with this the inspection system and that have been found by the Contractor finds to be in conformity with this Contract's requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to WMATA during contract performance and thereafter in accordance with the ""Audit and Inspection of Records"" clause article of this Contract. WMATA may perform reviews and evaluations as reasonably necessary to ascertain compliance with this clausearticle. These reviews and evaluations shall be conducted in a manner that will not unduly delay the Contract work. The right of review, whether exercised or not, does not relieve the Contractor of any obligations under this Contract.the
b. WMATA has the right to inspect and test all supplies under called for by this Contract, to the extent practicable, at all places and times, including during the period of manufacturingmanufacture, and in any event before acceptance. WMATA shall perform inspections and tests in a manner that will not unduly delay the Contract work. WMATA assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this Contractcontract.
c. If WMATA performs inspections or tests on the Contractor’s premises of the Contractor or a subcontractor’s premises, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these testsduties. Except as otherwise provided in this the Contract, WMATA shall bear the expense of Authority inspections or tests made at WMATA’s own facilitiesother than the Contractor's or subcontractor's premises; provided, provided that the Contractor pays for inspections or tests conducted at its facilities and/or requires subcontractors to pay for inspections or tests at the subcontractors’ facilities. In in case of rejection, WMATA shall not be liable for any reduction in the value of inspection or test samples.
d. When supplies are not ready at the time specified by the Contractor specifies for inspection or testingtest, the Contracting Officer may charge to the Contractor for the additional cost of inspection or testingtest.
i. The Contracting Officer may also charge the Contractor for any additional costs cost of inspection or test when prior rejection makes reinspection or retesting retest necessary.
e. WMATA has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with Contract requirements. WMATA may reject nonconforming supplies with or without disposition instructions.
f. When inspection occurs on WMATA’s premises, the The Contractor shall remove supplies rejected or required to be corrected. The However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor’s expense. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction and correction, and, when required, shall disclose any prior the corrective action taken.taken.
g. If the Contractor fails to promptly remove, replace, or correct rejected supplies as that are required by this Contractto be removed or to be replaced or corrected, WMATA may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Any disagreement regarding Failure to agree to a price reduction shall constitute be a dispute, if properly asserted under the Disputes clause.
h. If this contract provides for the Authority’s performance of Authority quality assurance at the source, and if WMATA requests itrequested by WMATA, the Contractor shall furnish advance notification of the time (i) when the Contractor’s Contractor inspection or tests will be performed in accordance with the terms and conditions of this Contract the contract and (ii) when the supplies will be ready for the Authority’s Authority inspection.
i. WMATA’s WMATA request shall specify the period and method of the advance notification and the WMATA Representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if WMATA Representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.
Appears in 3 contracts
INSPECTION OF SUPPLIES. a. The Contractor shall maintain an inspection system acceptable to WMATA covering supplies under this Contract and shall tender to WMATA for acceptance, only supplies that have been inspected in accordance with this inspection system and that the Contractor finds to be in conformity with this Contract's requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to WMATA during contract performance and thereafter in accordance with the "Audit and Inspection of Records" clause of this Contract. WMATA may perform reviews and evaluations as reasonably necessary to ascertain compliance with this clause. These reviews and evaluations shall be conducted in a manner that will not unduly delay the Contract work. The right of review, whether exercised or not, does not relieve the Contractor of any obligations under this Contract.
b. WMATA has the right to inspect and test all supplies under this Contract, to the extent practicable, at all places and times, including during the period of manufacturing, and before acceptance. WMATA shall perform inspections and tests in a manner that will not unduly delay the Contract work. WMATA assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this Contract.
c. If WMATA performs inspections or tests on the Contractor’s or subcontractor’s premises, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these tests. Except as otherwise provided in this Contract, WMATA shall bear the expense of Authority inspections or tests made at WMATA’s own facilities, provided that the Contractor pays for inspections or tests conducted at its facilities and/or requires subcontractors to pay for inspections or tests at the subcontractors’ facilities. In case of rejection, WMATA shall not be liable for any reduction in the value of inspection or test samples.for
d. When supplies are not ready at the time the Contractor specifies for inspection or testing, the Contracting Officer may charge the Contractor for the additional cost of inspection or testing.
i. The Contracting Officer may also charge the Contractor for any additional costs when prior rejection makes reinspection or retesting necessary.
e. WMATA has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with Contract requirements. WMATA may reject nonconforming supplies with or without disposition instructions.
f. When inspection occurs on WMATA’s premises, the Contractor shall remove supplies rejected or required to be corrected. The Contracting Officer may require or permit correction in place, promptly after notice, by and at the Contractor’s expense. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction and shall disclose any prior corrective action taken.
g. If the Contractor fails to promptly remove, replace, or correct rejected supplies as required by this Contract, WMATA may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Any disagreement regarding a price reduction shall constitute a dispute, if properly asserted under the Disputes clause.
h. If this contract provides for the Authority’s quality assurance at the source, and if WMATA requests it, the Contractor shall furnish advance notification of the time (i) when the Contractor’s inspection or tests will be performed in accordance with the terms and conditions of this Contract and (ii) when the supplies will be ready for the Authority’s inspection.
i. WMATA’s request shall specify the period and method of the advance notification and the WMATA Representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if WMATA Representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.
Appears in 3 contracts
INSPECTION OF SUPPLIES. a. (a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor Seller shall provide and maintain an inspection system acceptable to WMATA the Company covering supplies under this Contract Agreement and shall tender to WMATA the Company for acceptance, acceptance only supplies that have been inspected in accordance with this the inspection system and that have been found by the Contractor finds Seller to be in conformity with this Contract's Agreement requirements. As part of the system, the Contractor Seller shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to WMATA the Company during contract performance and thereafter in accordance with for as long afterwards as the "Audit and Inspection of Records" clause of this ContractAgreement requires. WMATA The Company may perform reviews and evaluations as reasonably necessary to ascertain compliance with this clauseparagraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the Contract Agreement work. The right of review, whether exercised or not, does not relieve the Contractor Seller of any the obligations under this Contractthe Agreement.
b. WMATA (c) The Company has the right to inspect and test all supplies under this Contractcalled for by the Agreement, to the extent practicable, at all places and times, including during the period of manufacturingmanufacture, and in any event before acceptance. WMATA The Company shall perform inspections and tests in a manner that will not unduly delay the Contract work. WMATA The Company assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor Seller unless specifically set forth elsewhere in this ContractAgreement.
c. (d) If WMATA the Company performs inspections inspection or tests test on the Contractor’s premises of the Seller or a subcontractor’s premises, the Contractor Seller shall furnish, and shall require subcontractors to furnish, at no increase in contract Agreement price, all reasonable facilities and assistance for the safe and convenient performance of these testsduties. Except as otherwise provided in this Contractthe Agreement, WMATA the Company shall bear the expense of Authority Company inspections or tests made at WMATAother than the Seller’s own facilitiesor subcontractor’s premises; provided, provided that the Contractor pays for inspections or tests conducted at its facilities and/or requires subcontractors to pay for inspections or tests at the subcontractors’ facilities. In in case of rejection, WMATA the Company shall not be liable for any reduction in the value of inspection or test samples.
d. (e) (1) When supplies are not ready at the time specified by the Contractor specifies Seller for inspection or testingtest, the Contracting Officer Company may charge to the Contractor for Seller the additional cost of inspection or testingtest.
i. The Contracting Officer may also charge the Contractor for any additional costs when prior rejection makes reinspection or retesting necessary.
e. WMATA has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with Contract requirements. WMATA may reject nonconforming supplies with or without disposition instructions.
f. When inspection occurs on WMATA’s premises, the Contractor shall remove supplies rejected or required to be corrected. The Contracting Officer may require or permit correction in place, promptly after notice, by and at the Contractor’s expense. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction and shall disclose any prior corrective action taken.
g. If the Contractor fails to promptly remove, replace, or correct rejected supplies as required by this Contract, WMATA may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Any disagreement regarding a price reduction shall constitute a dispute, if properly asserted under the Disputes clause.
h. If this contract provides for the Authority’s quality assurance at the source, and if WMATA requests it, the Contractor shall furnish advance notification of the time (i) when the Contractor’s inspection or tests will be performed in accordance with the terms and conditions of this Contract and (ii) when the supplies will be ready for the Authority’s inspection.
i. WMATA’s request shall specify the period and method of the advance notification and the WMATA Representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if WMATA Representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.
Appears in 3 contracts
Samples: General Terms & Conditions, General Terms & Conditions, General Terms & Conditions
INSPECTION OF SUPPLIES. a. The Contractor shall maintain an inspection system acceptable to WMATA covering supplies under this Contract and shall tender to WMATA for acceptance, only supplies that have been inspected in accordance with this inspection system and that the Contractor finds to be in conformity with this Contract's requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to WMATA during contract performance and thereafter in accordance with the "Audit and Inspection of Records" clause of this Contract. WMATA may perform reviews and evaluations as reasonably necessary to ascertain compliance with this clause. These reviews and evaluations shall be conducted in a manner that will not unduly delay the Contract work. The right of review, whether exercised or not, does not relieve the Contractor of any obligations under this Contract.Contract.
b. WMATA has the right to inspect and test all supplies under this Contract, to the extent practicable, at all places and times, including during the period of manufacturing, and before acceptance. WMATA shall perform inspections and tests in a manner that will not unduly delay the Contract work. WMATA assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this Contract.
c. If WMATA performs inspections or tests on the Contractor’s or subcontractor’s premises, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these tests. Except as otherwise provided in this Contract, WMATA shall bear the expense of Authority inspections or tests made at WMATA’s own facilities, provided that the Contractor pays for inspections or tests conducted at its facilities and/or requires subcontractors to pay for inspections or tests at the subcontractors’ facilities. In case of rejection, WMATA shall not be liable for any reduction in the value of inspection or test samples.
d. When supplies are not ready at the time the Contractor specifies for inspection or testing, the Contracting Officer may charge the Contractor for the additional cost of inspection or testing.
i. The Contracting Officer may also charge the Contractor for any additional costs when prior rejection makes reinspection or retesting necessary.
e. WMATA has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with Contract requirements. WMATA may reject nonconforming supplies with or without disposition instructions.
f. When inspection occurs on WMATA’s premises, the Contractor shall remove supplies rejected or required to be corrected. The Contracting Officer may require or permit correction in place, promptly after notice, by and at the Contractor’s expense. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction and shall disclose any prior corrective action taken.
g. If the Contractor fails to promptly remove, replace, or correct rejected supplies as required by this Contract, WMATA may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Any disagreement regarding a price reduction shall constitute a dispute, if properly asserted under the Disputes clause.
h. If this contract provides for the Authority’s quality assurance at the source, and if WMATA requests it, the Contractor shall furnish advance notification of the time (i) when the Contractor’s inspection or tests will be performed in accordance with the terms and conditions of this Contract and (ii) when the supplies will be ready for the Authority’s inspection.
i. WMATA’s request shall specify the period and method of the advance notification and the WMATA Representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if WMATA Representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.
Appears in 1 contract
Samples: Contract
INSPECTION OF SUPPLIES. a. (a) Definition. “Supplies,” as used in this clause, includes, but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor shall be responsible for the materials or supplies covered by this contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notification of rejection. Upon the Contractor’s failure to cure within ten (10) days after date of notification, HBX may return the rejected materials or supplies to the Contractor at the Contractor’s risk and expense.
(c) The Contractor shall provide and maintain an inspection system acceptable to WMATA HBX covering supplies under this Contract contract and shall tender to WMATA HBX for acceptance, acceptance only supplies that have been inspected in accordance with this the inspection system and that have been found by the Contractor finds to be in conformity with this Contract's contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to WMATA HBX during contract performance and thereafter in accordance with for as long afterwards as the "Audit and Inspection of Records" clause of this Contractcontract requires. WMATA HBX may perform reviews and evaluations as reasonably necessary to ascertain compliance with this clauseparagraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the Contract contract work. The right of review, whether exercised or not, does not relieve the Contractor of any the obligations under this Contractcontract.
b. WMATA (d) HBX has the right to inspect and test all supplies under this Contractcalled for by the contract, to the extent practicable, at all places and times, including during the period of manufacturingmanufacture, and in any event before acceptance. WMATA shall HBX will perform inspections and tests in a manner that will not unduly delay the Contract work. WMATA HBX assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this Contractthe contract.
c. (e) If WMATA HBX performs inspections inspection or tests test on the Contractor’s premises of the Contractor or subcontractor’s premises, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract pricewithout additional charge, all reasonable facilities and assistance for the safe and convenient performance of these testsduties. Except as otherwise provided in this Contractthe contract, WMATA shall HBX will bear the expense of Authority HBX inspections or tests made at WMATAother than Contractor’s own facilitiesor subcontractor’s premises; provided, provided that the Contractor pays for inspections or tests conducted at its facilities and/or requires subcontractors to pay for inspections or tests at the subcontractors’ facilities. In in case of rejection, WMATA shall HBX will not be liable for any reduction in the value of inspection or test samples.
d. (1) When supplies are not ready at the time specified by the Contractor specifies for inspection or testingtest, the Contracting Officer may charge to the Contractor for the additional cost of inspection or testingtest.
i. The (2) Contracting Officer may also charge the Contractor for any additional costs cost of inspection or test when prior rejection makes reinspection re-inspection or retesting necessary.retest
e. WMATA (f) HBX has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with Contract contract requirements. WMATA HBX may reject nonconforming supplies with or without disposition instructions.
f. When inspection occurs on WMATA’s premises, the (g) The Contractor shall remove supplies rejected or required to be corrected. The However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor’s expense. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction correction, and when required, shall disclose any prior the corrective action taken.
g. (h) If the Contractor fails to promptly remove, replace, or correct rejected supplies as that are required by this Contractto be replaced or corrected within ten (10) days, WMATA HBX may either either
(1) by contract or otherwise, remove, replace, replace or correct the supplies and charge the cost to the Contractor or or
(2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Any disagreement regarding Failure to agree to a price reduction shall constitute be a dispute, if properly asserted under the Disputes clause.
h. (i) If this contract provides for the Authority’s performance of HBX quality assurance at the source, and if WMATA requests itrequested by HBX, the Contractor shall furnish advance notification of the time (i) when the Contractor’s Contractor inspection or tests will be performed in accordance with the terms and conditions of this Contract the contract, and (ii) when the supplies will be ready for the Authority’s HBX inspection.
i. WMATA’s (j) HBX request shall specify the period and method of the advance notification and the WMATA Representative HBX representative to whom it shall be furnished. Requests shall not require more than 2 workdays business days of advance notification if WMATA Representative HBX representative is in residence in the Contractor's ’s plant, nor more than 7 workdays business days in other instances.
(k) HBX will accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. HBX failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability upon HBX, for non-conforming supplies.
(l) Inspections and tests by HBX do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.
(m) If acceptance is not conclusive for any of the reasons in subparagraph (l) hereof, HBX, in addition to any other rights and remedies provided by law, or under provisions of this contract, shall have the right to require the Contractor at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or noncompliance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, HBX will have the right to return the rejected materials at Contractor’s risk and expense or contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned HBX thereby.
Appears in 1 contract
Samples: Standard Contract Provisions
INSPECTION OF SUPPLIES. a. The Contractor shall provide and maintain an inspection system acceptable to WMATA covering supplies under this Contract and shall tender to WMATA for acceptance, acceptance only supplies that have been inspected in accordance with this the inspection system and that have been found by the Contractor finds to be in conformity with this Contract's requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to WMATA during contract performance and thereafter in accordance with the ""Audit and Inspection of Records"" clause article of this Contract. WMATA may perform reviews and evaluations as reasonably necessary to ascertain compliance with this clausearticle. These reviews and evaluations shall be conducted in a manner that will not unduly delay the Contract work. The right of review, whether exercised or not, does not relieve the Contractor of any the obligations under this Contract.Contract.
b. WMATA has the right to inspect and test all supplies under called for by this Contract, to the extent practicable, at all places and times, including during the period of manufacturingmanufacture, and in any event before acceptance. WMATA shall perform inspections and tests in a manner that will not unduly delay the Contract work. WMATA assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this Contract.no
c. If WMATA performs inspections or tests on the Contractor’s premises of the Contractor or a subcontractor’s premises, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these testsduties. Except as otherwise provided in this the Contract, WMATA shall bear the expense of Authority inspections or tests made at WMATA’s own facilitiesother than the Contractor's or subcontractor's premises; provided, provided that the Contractor pays for inspections or tests conducted at its facilities and/or requires subcontractors to pay for inspections or tests at the subcontractors’ facilities. In in case of rejection, WMATA shall not be liable for any reduction in the value of inspection or test samples.
d. When supplies are not ready at the time specified by the Contractor specifies for inspection or testingtest, the Contracting Officer may charge to the Contractor for the additional cost of inspection or testingtest.
i. The Contracting Officer may also charge the Contractor for any additional costs cost of inspection or test when prior rejection makes reinspection or retesting retest necessary.
e. WMATA has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with Contract requirements. WMATA may reject nonconforming supplies with or without disposition instructions.
f. When inspection occurs on WMATA’s premises, the The Contractor shall remove supplies rejected or required to be corrected. The However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor’s expense. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction and correction, and, when required, shall disclose any prior the corrective action taken.
g. If the Contractor fails to promptly remove, replace, or correct rejected supplies as that are required by this Contractto be removed or to be replaced or corrected, WMATA may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Any disagreement regarding Failure to agree to a price reduction shall constitute be a dispute, if properly asserted under the Disputes clause.dispute.
h. If this contract provides for the Authority’s performance of Authority quality assurance at the source, and if WMATA requests itrequested by WMATA, the Contractor shall furnish advance notification of the time (i) when the Contractor’s Contractor inspection or tests will be performed in accordance with the terms and conditions of this Contract the contract and (ii) when the supplies will be ready for the Authority’s Authority inspection.
i. WMATA’s WMATA request shall specify the period and method of the advance notification and the WMATA Representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if WMATA Representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.notification
Appears in 1 contract
Samples: Contract