NON-COMPLYING PRODUCT. WATER & SEDIMENT CONTENT – PRICE DEDUCTION When the delivered fuel oil’s water and sediment content is found to be greater than three hundredths (0.03%) of a percent for Xxxxxxxx, Xx. 0 and No. 2, a deduction from the contracted price shall be taken at the rate of one (1%) percent for every two hundredths (0.02%) of a percent above the specified limit. (i.e., 0.02% above limit equals a 1% deduction, 0.04% above limit equals a 2% deduction, 0.06% above equals a 3% deduction) No. 4 fuel oil shall have an excess water and sediment content adjustment at the rate of one-tenth percent (0.1%) of invoice for every one-tenth (0.1%) in excess of five-tenths (0.5%) up to and including one percent (1.0%) and at the rate of two-tenths percent (0.2%) of invoice for every one-tenth percent (0.1%) in excess of one percent (1.0%).
NON-COMPLYING PRODUCT. DELIVERY DEDUCTION Deductions shown hereafter will be made from the contract price for fuel oil that does not comply with the latest ASTM standards as referenced in Table I, or with the specifications listed throughout this IFB, whether or not the fuel oil in question has been consumed by the purchasing Agency. The maximum of all combined deductions shall not exceed ten (10%) percent for an individual delivery, excluding gallon adjustments for temperature and/or water & sediment in excess of one percent.
NON-COMPLYING PRODUCT. DELIVERY Deliveries of fuel oil may be sampled at the point of delivery by a representative of the Office of General Services, NYS Procurement and/or the purchasing Agency’s personnel. The methods of sampling and testing will be as listed elsewhere herein. When it is found that fuel oil delivered does not comply with the latest ASTM standards as referenced herein, contractor at their own cost and expense, may be required to remove all such sub-standard fuel oil from the purchaser’s tank(s) and replace it with fuel oil meeting the specifications, if such removal is so instructed by the Director of the Procurement Services Group. When an inspection of the tank(s) after the removal of the sub-standard product indicates that the delivered product has rendered the tank(s) unsuitable for use, then the contractor may be responsible for cleaning of the tank(s) so affected, if such cleaning is so instructed by the Director of the Procurement Services Group.
NON-COMPLYING PRODUCT. DELIVERY – OPERABILITY DEDUCTION Deductions shown hereafter will be made from the invoice price, or subsequent agency invoices, for delivering fuel oil that does not comply with the detailed specifications, whether or not the fuel oil in question has been consumed by the purchasing Agency. These deductions shall be a flat rate per fill incident, adjusted for the number of non-complying delivery incidents at an individual tank. Equipment shall be operable (regardless of weather conditions) when fueled from a delivery made within the last (preceding) thirty days. A deduction shall be assessed for each tank fill incidence which causes inoperability of equipment using that delivered fuel. This inoperability deduction shall be in addition to the “PRICE DEDUCTION” assessed for not complying to one (or more) of the NON-COMPLYING PRODUCT characteristics stated hereinafter.
NON-COMPLYING PRODUCT. ASH CONTENT – PRICE DEDUCTION When the delivered fuel oil’s ash content is greater than fifteen thousandths of a percent (0.015%), a deduction from the contracted invoiced price shall be taken as stated in the “PRICE DEDUCTION TABLE” found elsewhere within this solicitations document.
NON-COMPLYING PRODUCT. WATER & SEDIMENT CONTENT – PRICE DEDUCTION When the delivered fuel oil’s water and sediment content is found to be greater than five hundredths (0.05%) of a percent above the specified requirement, a deduction from the contracted invoiced price shall be taken as stated in the “PRICE DEDUCTION TABLE” found elsewhere within this solicitation's documents.
NON-COMPLYING PRODUCT. CETANE INDEX – PRICE DEDUCTION When the delivered fuel oil’s cetane index is found to be greater than two (2) cetane below the specified minimum requirement/s (i.e., 40 and/or 43.5), a deduction from the contracted invoiced price shall be taken as stated in the “PRICE DEDUCTION TABLE” found elsewhere within this solicitation's documents. The deduction shall be applied to Calculated Cetane Index deficiencies and/or Engine Cetane Index deficiencies. The State may consider waiving these deductions (or adjusting them) if certified documentation of fuel quality is provided for fuel containing adequate additives. The State reserves the right to require engine Cetane testing at the Contractor’s expense when calculated Cetane is lower than the specified Cetane Index.
NON-COMPLYING PRODUCT. DELIVERY Deliveries of fuel oil may be sampled at the Contractor’s loading point or at the point of delivery by a representative of the Office of General Services, NYS Procurement and/or the purchasing Agency’s personnel. The methods of sampling and testing will be as listed elsewhere herein. When it is found that fuel oil delivered does not comply with the specification requirements, the Contractor, at its own cost and expense, may be required to remove all such sub-standard fuel oil from the purchaser’s tank(s) and replace it with fuel oil meeting the specifications, if such removal is so instructed by the Office of General Services, NYS Procurement within a maximum time period of twenty-four (24 hrs) hours. When an inspection of the tank(s) after the removal of the sub-standard product indicates that the delivered product has rendered the tank(s) unsuitable for use, then the Contractor may be responsible for cleaning of the tank(s) so affected, if such cleaning is so instructed by the Office of General Services, NYS Procurement. The State may cancel the contract and may purchase the balance of the contract quantities in the open market at the Contractor’s expense, if, in the opinion of the Commissioner of General Services, the fuel delivered fails to meet the specific requirements; or, if the fuel is found to contain objectionable dirt, water or excess sediment; and/or an excessively high cold filter plugging point.
NON-COMPLYING PRODUCT. DELIVERY Deliveries of fuel oil may be sampled at the Contractor’s loading point or at the point of delivery by a representative of the purchasing Agency’s personnel. The methods of sampling and testing will be as listed elsewhere herein. When it is found that fuel oil delivered does not comply with the specification requirements, the Contractor, at its own cost and expense, may be required to remove all such sub-standard fuel oil from the purchaser’s tank(s) and replace it with fuel oil meeting the specifications, if such removal is so instructed by the purchasing agency within a maximum time period of twenty-four (24 hrs.) hours. When an inspection of the tank(s) after the removal of the sub-standard product indicates that the delivered product has rendered the tank(s) unsuitable for use, then the Contractor may be responsible for cleaning of the tank(s) so affected.
NON-COMPLYING PRODUCT. Delivery Deliveries of diesel fuel oil may be sampled at the Contractor’s loading point or at the point of delivery by a representative of the Office of General Services, Procurement Services and/or the purchasing Agency’s personnel. The methods of sampling and testing will be as listed elsewhere herein. When it is found that diesel fuel oil delivered does not comply with the specification requirements, the Contractor, at its own cost and expense, may be required to remove all such sub-standard diesel fuel oil from the purchaser’s tank(s) and replace it with diesel fuel oil meeting the specifications, if such removal is so instructed by the Office of General Services, Procurement Services, within a maximum time period of twenty- four (24) hours.
