NOMINATED SUPPLIERS Sample Clauses
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NOMINATED SUPPLIERS. The following provisions shall apply where the supplier of materials or goods to be installed by the Contractor is nominated by the Architect or Owner and is a Nominated Supplier as defined in Subparagraph 17.1.3.
17.3.1 Unless the Architect and Contractor shall otherwise agree, the Architect or Owner shall only nominate any person as a supplier who will enter into a contract of sale which is in accordance with the terms and conditions of this Agreement insofar as they apply to the supply of such item(s).
17.3.2 Where the said contract of sale between the Contractor and the Nominated Supplier in any way restricts, limits or excludes the liability of the Nominated Supplier to the Contractor in respect of materials or goods supplied or to be supplied, and the Architect has specifically approved in writing the said restrictions, limitations or exclusions, the liability of the Contractor to the Owner in respect of the said materials or goods shall be restricted, limited or excluded to the same extent. The Contractor shall not be obliged to enter into a contract with, nor expend Allowances in favour of, the Nominated Supplier until the Architect has specifically approved in writing the said restrictions, limitations or exclusions.
17.3.3 The Contractor shall have the right to require the Nominated Suppliers to furnish bonds covering faithful performance of the supply contract and the payment of all obligations arising thereunder in accordance with the percentage stated in the Appendices and at no cost to the Contractor.
17.3.4 In the event of the termination of a Nominated Supplier for cause as listed in Paragraph 14.2 as applicable between the
NOMINATED SUPPLIERS. Provision of a list of nominated suppliers to secure quality standards, when and if needed; and The Franchisee shall be required to purchase such products, as directed by the Franchisor from time to time from a mutually approved nominated supplier.
NOMINATED SUPPLIERS. 32.1 The following provisions shall apply where prime cost sums are included in the contract bills, or arise as a result of Architect's instructions given in regard to the expenditure of provisional sums in respect of any materials or goods to be supplied by others and fixed or installed by the Contractor.
32.2 Such sums and the term prime cost, when included or arising as aforesaid, shall be understood to mean the net cost to be defrayed as a prime cost after deducting any trade or other discount and shall include customs duty or other taxes, and the cost of packing, carriage and delivery.
32.3 Such sums shall be expended in favour of such persons as the Architect shall instruct. All specialists, merchants; tradesmen or others who are so nominated by the Architect to supply materials or goods are hereby declared to be suppliers to the Contractor and are referred to in these conditions as 'nominated suppliers'.
32.4 The Architect shall not nominate as a supplier, a person who will not enter into a contract of sale which provides (inter alia):
32.4.1 That the materials or goods to be supplied shall be to the reasonable satisfaction of the Architect.
32.4.2 That the nominated supplier shall make good by replacement or otherwise any defects in the materials or goods supplied which appear within such period as is therein stated and shall bear any expenses reasonably incurred by the Contractor as a direct consequence of such defects provided that:-
32.4.2.1 Where the materials or goods have been used or fixed such defects are not such that examination by the Contractor ought to have revealed them before using or fixing, and
32.4.2.2 Such defects are due solely to defective workmanship or defects in the materials or goods supplied and shall not have been caused by improper storage by the Contractor or by misuse or by any act or neglect of either the Contractor, the Architect or the Employer or by any person or persons for whom they may be responsible.
32.4.3 That delivery of the materials or goods supplied shall be commenced and completed at such times as the Contractor may reasonably direct.
32.4.4 All payments by the Contractor for materials or goods supplied by a nominated supplier shall be in full and shall be paid within thirty days of the end of the month during which delivery is made. Failure by the Contractor to pay the nominated supplier as stipulated shall entitle the Employer to pay the relevant sums direct and deduct the same from any money due or to...
NOMINATED SUPPLIERS. The Cost of "Fix Only" materials to be obtained from Nominated Suppliers which are covered by Prime Cost or Provisional Sums shall include for taking delivery where directed, checking with invoices or indents, reporting and claiming damages for shortages and damaged goods, defraying demurrage, signing for as having been received in good order, transporting, unloading, storing, covering and protecting until the time of fixing, unpacking, replacing anything lost or damaged, sorting, assembling, hoisting to required levels and fixing as described. Before placing any orders with Nominated Sub-Contractors or Nominated Suppliers the Contractor must ascertain that the terms and conditions of the quotations and the dates of delivery of materials or execution of works comply with the terms of Contract and the Progress Schedule.
NOMINATED SUPPLIERS. The Contractor will not receive any cash, trade or other discounts on Prime Cost and Provisional Sums. Any profit in lieu of these discounts which the Contractor desires must be priced by him against the appropriate item provided in the Bills of Quantities. When tendering for works covered by Prime Cost and Provisional Sums the Contractor will be treated as any other Nominated Supplier or Sub-Contractor. The Employer reserves the right to pay direct on the Certificates of the Architect some or all accounts in respect of works and materials covered by Prime Cost and Provisional Sums due to Nominated Sub-Contractors or Nominated Suppliers and to deduct any amounts so paid from any sums otherwise payable to the Contractor, should this reservation be adopted due to default on part of the Contractor, any profits which the Contractor may have allowed on Prime Cost and Provisional Sums will be omitted from the Contract. Direct Payment will not be deemed to construe omission of the work from the Contract and the Contractor will continue to be responsible for the work or goods in accordance with the terms of the contract.
NOMINATED SUPPLIERS. Where:
.1 in the Specifications; or .2 pursuant to Article 24; or .3 by agreement between the Contractor and the Architect or Owner
NOMINATED SUPPLIERS