REJECTION OF MATERIALS. The Materials furnished hereunder shall become the property of the District when delivered at the point to which shipment is to be made; provided, however, that the District may reject any such Materials as do not comply with the Specifications for Materials and Warranties of the Contractor and Manufacturers either before or after incorporation of such Materials into the Project. Upon any such rejection, the Contractor shall replace the rejected Materials with Materials complying with the Specifications for Materials and Warranties, f.o.
REJECTION OF MATERIALS. In the event any of the work conducted by the Contractor is found defective due to faulty design, bad workmanship, bad materials used or otherwise not in conformity with the requirements of the Specification, the Purchaser shall either reject the materials/equipment or ask the Contractor in writing to rectify the same. The Contractor on receipt of such notification shall either rectify or replace the defective equipment free of cost of the Purchaser. If the Contractor fails to do so, the Purchaser may :-
(a) As its option, replace or rectify such defective equipment and recover the extra costs so involved from the Contractor plus fifteen percent and /or.
(b) Terminate the contract for balance work/supplies, with enforcement of penalty Clause as per contract for the un-delivered goods and with forfeiture of performance Guarantee/Composite Bank Guarantee.
(c) Acquire the defective equipment/materials at reduced price, considered equitable under the circumstances.
REJECTION OF MATERIALS not confirming to specification:
REJECTION OF MATERIALS. A151. Should the articles, or any portion thereof of the equipment be found defective / rejected, the Bidder / Supplier / Contractor shall collect the same from the Purchaser's Stores, all incidental charges being borne by him (inclusive of Custom duty, if payable), within 30 days from the date of intimation to the Bidder / Supplier / Contractor of such rejection. The Purchaser reserves the right to dispose off the rejected items at the end of a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges and any consequential damages, from sale proceeds of such disposal. A160. TECHNOLOGICAL DEVELOPMENTS / MODIFICATIONS A161. The Bidder / Supplier / Contractor shall unconditionally and free of cost to the Purchaser transfer information on technological developments / innovations / modifications which the Bidder / Supplier / Contractor would evolve in future (within 3 years) in relation to the supplied equipment. To enable this, the Purchaser's address shall be added to the Bidder / Supplier / Contractor 's mailing list or database or any other document maintained for dissemination of product information and the Purchaser shall be informed of the action taken in this regard. If such improvements / modifications are brought in by the Bidder / Supplier / Contractor’s Design Department in the course of manufacture of equipment ordered by the Purchaser, the Bidder / Supplier / Contractor shall incorporate such improved versions in the equipment without any extra cost to the Purchaser under Purchaser’s prior consent. A162. If the Purchaser be desirous of getting incorporated all post supply modifications / improvements arising out of technological developments to the original equipment supplied by the Bidder / Supplier / Contractor, the Bidder / Supplier / Contractor, shall quote for and carry out all such modifications to the equipment.
REJECTION OF MATERIALS. ReEnergy shall have the right to reject any portion of the materials delivered by the Supplier that ReEnergy determines in its reasonable judgment constitutes Unacceptable Material, either before the material has been staged and loaded or after said material has been emptied from the delivery vehicle. Ownership of Shrub Willow Biomass Crops shall not pass to ReEnergy unless and until such Shrub Willow Biomass Crops are accepted by ReEnergy. ReEnergy may remove from the Facility and dispose of in whatever manner is appropriate given the nature of the waste (a) any Unacceptable Material rejected by ReEnergy and not removed from the Facility by the delivery vehicle; and (b) any Unacceptable Material discovered by ReEnergy after the departure of the delivery vehicle which ReEnergy can establish was produced by the Supplier. The costs of disposal of any such Unacceptable Material will be charged to the Supplier.
REJECTION OF MATERIALS. All materials brought to the site must be approved by the Engineer-In-Charge. Rejected materials must be removed by the Contractor from the site within 24 hours of the issue of order to that effect. In case of non-compliance of such order, the Engineer-In-Charge shall have the authority to cause such removal at the cost and expense of the contractor and the contractor shall not be entitled to claim for any loss or damage of that account. C.42 Implied elements of work in items : Except of such items as are included in the Specific Priced Schedule of probable items and approximate quantities no separate charges shall be paid for traffic control measures, shoring, shuttering, dewatering, curing etc. and the rates of respective items or works are to be deemed as inclusive of the same.
REJECTION OF MATERIALS. Should the articles, or any portion thereof of the equipment be found defective / rejected, the Bidder / Supplier / Contractor shall collect the same from the Purchaser's Stores, all incidental charges being borne by him (inclusive of Custom duty, if payable), within 30 days from the date of intimation to the Bidder / Supplier / Contractor of such rejection. The Purchaser reserves the right to dispose off the rejected items at the end of a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges and any consequential damages, from sale proceeds of such disposal.
REJECTION OF MATERIALS. In the event of the materials supplied by the contractor and/or the installation works are found to be defective in quality and the workmanship is poor or otherwise not in conformity with the requirements of the contract specification as per section-IV (Technical specification), NESCO Utility shall reject such materials / services and ask the contractor in writing to replace / rectify the defects. The contractor on receipt of such notification shall rectify or replace the defective materials and/or re-install the work already executed, free of cost to the NESCO Utility. If the contactor fails to do so the NESCO Utility /Purchaser may at his option take the following actions which could be on concurrent basis.
A) Replace or rectify such defective materials and recover the extra cost so involved plus 25% from the Contractor.
B) Terminate the contract for balance supply and erection with enforcement of penalty as per contract.
C) Acquire the defective materials at reduced price considered acceptable under the circumstances.
D) Forfeit the Contract Performance Bank Guarantee.
REJECTION OF MATERIALS. Mesa County reserves the right to return partially used loads due to product flaws and/or not meeting specifications. Judgment of non-conformity will be at the discretion of the Mesa County Project Coordinator.
REJECTION OF MATERIALS. Not Applicable 17.RECOVERY-ADJUSTMENT PROVISIONS Payment made under one order shall not be assigned or adjusted to any other order except to the extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money is payable by the Bidder / Supplier / Contractor the same shall be deducted from any sum then due or thereafter may become due to the Bidder / Supplier / Contractor under the contract or any other contract with the Purchaser. 18.INDEMNIFICATION The Bidder / Supplier / Contractor, his employees, licenses, agents or Sub-Supplier / Sub- contractor, while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct damage and/or injury to the property and/or the person of the Purchaser or that of Purchaser's employees, agents, Sub- Contractors / Suppliers occurring and to the extent caused by the negligence of the Bidder / Supplier / Contractor, his employees, licensees, agents or Sub-contractor by making good such damages to the property, or compensating personal injury and the total liability for such damages or injury shall be as mutually discussed and agreed to.
