Payment or Acceptance Not Conclusive. Vendor must supply agency with an invoice for payment. No payment made under this agreement shall be conclusive evidence of the performance of the price agreement either wholly or in part, and that no payment made for the delivery of the items in whole or in part shall be construed as an acceptance of defective work or improper materials, nor relieve the Vendor from corrections of the defects. The final acceptance shall not be binding upon the NMDOT or the State, or conclusive, should it subsequently develop the Vendor has furnished inferior items or had departed from the specifications and/or the terms of the agreement. Should such conditions become evident, the ordering agency shall have the right, notwithstanding final acceptance and payment, to cause the item(s) to be properly furnished in accordance with the specifications (and drawings, if any) at the cost and expense of the Vendor.
Appears in 6 contracts
Samples: Price Agreement, Price Agreement, Price Agreement
