Common use of NON-COMPLYING PRODUCT Clause in Contracts

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. CETANE INDEX Cetane Index – PRICE DEDUCTION Price Deduction When the delivered diesel fuel oil’s cetane index 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 TABLEPrice Deduction Table” found elsewhere within this the 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. Certified documentation for fuel quality would be satisfied when the additive is certified in accordance with the regulations at 40 CFR 79 and is registered with the United States Environmental Protection Agency. 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. CETANE INDEX – PRICE DEDUCTION 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 documentsContract. 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. CETANE INDEX – PRICE DEDUCTION When the delivered diesel fuel oil’s cetane index 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 TABLEPrice Deduction Table” found elsewhere within this solicitation's documentsContract. 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. Certified documentation for fuel quality would be satisfied when the additive is certified in accordance with the regulations at 40 CFR 79 and is registered with the United States Environmental Protection Agency. 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.