PRODUCT SUBSTITUTION. In the event a specified manufacturer’s Product listed in the Contract becomes unavailable or cannot be supplied by the Contractor for any reason (except as provided for in the Savings/Force Majeure Clause) a Product deemed in writing by the Commissioner to be equal to or better than the specified Product must be substituted by the Contractor at no additional cost or expense to the Authorized User. Unless otherwise specified, any substitution of Product prior to the Commissioner’s written approval may be cause for cancellation of Contract.
PRODUCT SUBSTITUTION. In the event a specified manufacturer’s Product listed in the Contract becomes unavailable or cannot be supplied by the Contractor for any reason (except as provided for in the Savings/Force Majeure Clause below) a Product deemed by the Commissioner to be equal to or better than that specified must be substituted by the Contractor at no additional cost or expense to the Authorized User, subject to the Contractor’s approval, which shall not unreasonably be withheld. Unless otherwise specified, any substitution of Product prior to the Commissioner’s approval may be cause for cancellation of Contract.
PRODUCT SUBSTITUTION. All items delivered during the life of the contract shall be of the same type and manufacture as specified unless specific approval is given by Department of Technology & Information to do otherwise. Substitutions may require the submission of written specifications and product evaluation prior to any approvals being granted.
PRODUCT SUBSTITUTION. Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
PRODUCT SUBSTITUTION. The parties agree that the ethanol produced at the ADM Production Facilities and the ethanol produced at the Millennium Production Facilities will be considered fungible and interchangeable for purposes of product distribution under this Agreement. ADM will not brand, label, or otherwise identify any ethanol sold under this Agreement differently because that ethanol was produced at the Millennium Production Facilities, as opposed to being produced at the ADM Production Facilities.
PRODUCT SUBSTITUTION. In the event a specified OEM’s MFP Product under the Contract becomes unavailable or cannot be supplied by the Contractor for any reason (except as provided for in the Savings/Force Majeure Clause), an MFP Product deemed in writing by the Commissioner to be equal to or better than the specified MFP Product must be substituted by the Contractor at no additional cost or expense to the Authorized User. The Contractor shall notify the State within 60 calendar days of any plans to discontinue an existing MFP Product awarded under the Contract from their product line, along with a projection as to when current inventory levels will be exhausted. Unless otherwise specified, any substitution of Product prior to the Commissioner’s written approval may be cause for cancellation of Contract.
PRODUCT SUBSTITUTION. The parties agree that the ethanol produced at the MCP Production Facilities and the ethanol produced at the LS Production Facilities will be considered fungible and interchangeable for purposes of product distribution under this Agreement. MCP will not brand, label, or otherwise identify any ethanol sold under this Agreement differently because that ethanol was produced at the LS Production Facilities, as opposed to being produced at the MCP Production Facilities.
PRODUCT SUBSTITUTION. Unless specifically requested by Purchaser, no product substitutions will be allowed. All parts supplied which require core exchange shall be monitored by the Contractor to ensure proper cores are returned to the Proposer. Core credit is to be issued the same day as received. Any core that is not usable or not returned shall be billed at the core price listed in the manufacturer’s price sheet for that particular part.
PRODUCT SUBSTITUTION. Not applicable
PRODUCT SUBSTITUTION a) Any mismarking or mislabeling of products and materials.
b) Contractor restricting or avoiding inspection of goods or services upon delivery.
c) Contractor refusing to provide supporting documentation regarding production or manufacturing.
d) Photocopies of necessary certification, delivery, and production records where originals are expected.
e) Irregularities in signatures, dates, or quantities on delivery documents.
f) High rate of rejections, returns, or failure.
g) Test record reflecting no failures or a high failure rate but contract is on time and profitable.
h) Unsigned certifications.
i) Contractor offers to select samples for testing programs.
j) Supplier entertains on provider gratuities to inspection personnel.
