Common use of NON-COMPLYING PRODUCT Clause in Contracts

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 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.Group.‌