Common use of Inspection, Rejection and Guarantee Clause in Contracts

Inspection, Rejection and Guarantee. The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Inspection, Rejection and Guarantee. The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge charge. Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.