Common use of INSTALLATION WORKS Clause in Contracts

INSTALLATION WORKS. This Clause 10 shall apply if any Goods have been included in Annex 2 of Call Off Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works in the Call Off Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.2, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 11 shall apply if any Goods Products have been included in Annex 2 of Call Off Schedule 2 (Goods Products and/or Services) and the Customer has specified Installation Works in the Call Off Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.211.2, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.211.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 11.2 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods Products and the Installation Works conform to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works. CUSTOMER RESPONSIBILITIES for the bulk supply of fuel The Customer shall identify to the Supplier the correct storage tank for receipt of the Bulk Fuel Products at the Premises and ensure that the storage tank has sufficient capacity and can receive and store safely the quantity of the Bulk Fuel Products ordered. If the storage tank has insufficient capacity and cannot receive and store safely the quantity of Product ordered, the reasonable costs incurred by the Supplier in the rejected delivery shall be borne by the Customer (subject to the Supplier mitigating such cost where reasonable and supplying detailed information of the costs incurred) The Customer shall ensure that the Supplier has access to the Premises to make deliveries on the delivery date (or relevant Milestone Date) specified in the Order Form. If the Supplier cannot gain access to the Premises on the delivery date it shall inform the Customer's Representative immediately. If the Customer's Representative cannot arrange access to the Premises within one hour of being informed in accordance with Clause 12.2, the Supplier shall agree with the Customer's Representative a revised delivery date which shall be within two days of the original delivery date (or relevant Milestone Date). The reasonable costs incurred by the Supplier in such re-delivery shall be borne by the Customer (subject to the Supplier mitigating such costs where reasonable and supplying detailed information of the costs incurred). If the Customer has not complied with any of its obligations set out in this Clause 12.4, the Supplier shall inform the Customer as soon as becoming aware of such failure and the Customer shall endeavour to rectify any such failure. If the Customer does not rectify such failure within a reasonable timescale, the Supplier shall be entitled to refuse to deliver the Products and such non-delivery shall not be deemed to be a breach of this Call Off Contract by the Supplier. If the Supplier would have provided the Bulk Fuel Products in accordance with this Call Off Contract (including the Service Levels) but has failed to do so as a result of a Customer Cause the Supplier shall: In measuring the performance of any affected Service against Service Levels be treated as though the relevant Service had met the relevant Service Level to the extent that the Service Level Failure is due to any Customer Cause Not be treated as being in breach of this Agreement to the extent that non performance or breach is due to any Customer Cause; and Where as a result of the Customer Cause, the Supplier and the Customer have agreed a way to provide the Bulk Fuel Products and/or Services in accordance with this Call Off Contract by working around the Customer Cause ("Work Around Solution") the Supplier shall provide the Work Around Solution and shall be entitled to be paid for all reasonable costs incurred in so doing where: such costs are in excess of the Call Off Contract Charges it has been paid because it has been treated as though it has supplied the Products in accordance with this Call Off Contract; and they have been agreed by the Customer when discussing the scope of the Work Around Solution under this Clause 12.5.3. and any resulting resulting Variation that may be required in connection with a Work Around Solution shall be dealt with in accordance with Clause 24.1 (Variation). In order to claim the rights and reliefs in Clause 12.5, the Supplier shall provide the Customer with details of the Customer Cause within 10 Working Days of the date when the Supplier became aware or ought reasonably to have become aware of the occurrence of the Customer ‘s default Any disputes about or arising out of whether a Customer Cause applies to the Supplier's failure to supply the Bulk Fuel Products in accordance with this Call Off Contract (including in accordance with the Service Levels) shall be resolved through the Dispute Resolution Procedure. Pending the resolution of the dispute both Parties shall continue to resolve the causes of, and mitigate the effects of such failure.

INSTALLATION WORKS. This Clause 10 shall apply if any Goods have been included in Annex 2 of Call Off Contract Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works in the Call Off Contract Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Contract Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.2, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Contract Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Contract Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 13 shall apply if any Goods have been included in Annex 2 of Call Off Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works in the Call Off Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.213.2, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.213.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 13.2 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 13 shall apply if any Goods have been included in Annex 2 of Call Off Contract Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works in the Call Off Contract Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Contract Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.213.2, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Contract Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.213.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 13.2 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Contract Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 shall apply if any Goods have been included in Annex 2 of Call Off Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works Unless otherwise indicated in the Call Off Order Form, the Charges shall include the cost of installing the Goods to ensure that the Goods are fit for purpose for use by the Customer. Where the The Supplier reasonably believes it has completed shall carry out the Installation Works it in good workmanship manner and in accordance with Good Industry Practice and shall notify the Customer in writingwhen the Installation Works have been carried out. Following receipt of such notice, the The Customer shall inspect the Installation Works and shall, by giving written notice to the Suppliershall either: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off ContractLease Agreement). If the Customer rejects the Installation Works in accordance with Clause 10.213.1, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off ContractLease Agreement), the Customer may terminate this Call Off Contract Lease Agreement for material Default. The Installation Works Supplier shall make no delivery of materials, equipment or other things nor commence any work on the Customer’s Premises without obtaining prior Approval. Access to the Customer’s Premises shall not be exclusive to the Supplier but shall be deemed limited to be completed when such Supplier Personnel and Supplier’s Sub-contractors as are necessary to enable the performance of the Lease Agreement concurrently with the execution of work by others. The Supplier receives a notice issued by shall co-operate with such others as the Customer may reasonably require. Where any access to the Customer’s Premises is necessary in accordance connection with Clause 10.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 (Installation Works)delivery or installation, the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform Supplier’s Personnel and Sub-contractors shall at all times comply with the reasonable requirements of the Customer’s security procedures as notified to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation WorksSupplier from time to time. Throughout the Call Off Contract Lease Agreement Lease Agreement Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works. The Customer shall have the right at any time during the progress of the Lease Agreement to require the Supplier to remove from the Customer’s Premises any materials which in the opinion of the Customer are either hazardous, noxious or not in accordance with the Lease Agreement. The Supplier shall ensure that the Goods are safe and without risk to health when installed and properly used.

INSTALLATION WORKS. This [Guidance Note to the Authority: These provisions are intended to apply where significant installation works are needed. If not Goods are being procured and/or any Installation Works are minor then switch the whole of Clause 10 shall apply if any Goods have been included to “Not Used” and delete the definition of Installation Works in Annex 2 of Call Off Schedule 2 1 (Definitions) i. If you are uncertain whether what is being procured is classified as a Good or a Service under the Regulations, please ask TSol. If Goods and/or Services) may be procured but not by every Customer, change this guidance note to “Guidance Note to Customer” and highlight it green] Where the Customer has specified Installation Works in the Order Form (or elsewhere in this Call Off Order Form. Where Contract) and the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.210.1, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. breach of condition.. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.210.1. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 10.1 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 shall apply if any Goods have been included in Annex 2 of Call Off Contract Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works in the Call Off Contract Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Contract Order Form (or elsewhere in this Call Off ContractContract ). If the Customer rejects the Installation Works in accordance with Clause 10.2, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Contract Order Form (or elsewhere in this Call Off ContractContract ), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Contract Order Form (or elsewhere in this Call Off ContractContract ). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 10. shall apply if any Goods have been included in Annex 2 of Call Off Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works in the Call Off Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.2, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 shall apply if any Goods have been included in Annex 2 of Call Off Schedule 2 (Goods and/or and Services) and the Customer has specified Installation Works in the Call Off Order Form. Where the Supplier reasonably believes it has completed the Installation Works it shall notify the Customer in writing. Following receipt of such notice, the Customer shall inspect the Installation Works and shall, by giving written notice to the Supplier: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.210.1, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works shall be deemed to be completed when the Supplier receives a notice issued by the Customer in accordance with Clause 10.210.1. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 10.1 (Installation Works), the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation Works. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.

INSTALLATION WORKS. This Clause 10 shall apply if any Goods have been included in Annex 2 of Call Off Schedule 2 (Goods and/or Services) and the Customer has specified Installation Works Unless otherwise indicated in the Call Off Order Form, the Charges shall include the cost of installing the Goods to ensure that the Goods are fit for purpose for use by the Customer. Where the The Supplier reasonably believes it has completed shall carry out the Installation Works it in good workmanship manner and in accordance with Good Industry Practice and shall notify the Customer in writingwhen the Installation Works have been carried out. Following receipt of such notice, the The Customer shall inspect the Installation Works and shall, by giving written notice to the Suppliershall either: accept the Installation Works, or reject the Installation Works and provide reasons to the Supplier if, in the Customer’s reasonable opinion, the Installation Works do not meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract). If the Customer rejects the Installation Works in accordance with Clause 10.213.1, the Supplier shall immediately rectify or remedy any defects and if, in the Customer’s reasonable opinion, the Installation Works do not, within five (5) Working Days of such rectification or remedy, meet the requirements set out in the Call Off Order Form (or elsewhere in this Call Off Contract), the Customer may terminate this Call Off Contract for material Default. The Installation Works Supplier shall make no delivery of materials, equipment or other things nor commence any work on the Customer’s Premises without obtaining prior Approval. Access to the Customer’s Premises shall not be exclusive to the Supplier but shall be deemed limited to be completed when such Supplier Personnel and Supplier’s Sub-contractors as are necessary to enable the performance of the Call Off Agreement concurrently with the execution of work by others. The Supplier receives a notice issued by shall co-operate with such others as the Customer may reasonably require. Where any access to the Customer’s Premises is necessary in accordance connection with Clause 10.2. Notwithstanding the acceptance of any Installation Works in accordance with Clause 10.2 (Installation Works)delivery or installation, the Supplier shall remain solely responsible for ensuring that the Goods and the Installation Works conform Supplier’s Personnel and Sub-contractors shall at all times comply with the reasonable requirements of the Customer’s security procedures as notified to the specification in the Call Off Order Form (or elsewhere in this Call Off Contract). No rights of estoppel or waiver shall arise as a result of the acceptance by the Customer of the Installation WorksSupplier from time to time. Throughout the Call Off Contract Period, the Supplier shall have at all times all licences, approvals and consents necessary to enable the Supplier and the Supplier Personnel to carry out the Installation Works.