See Appendix F Technical Requirements. STANDARD OF QUALITY/CONSISTENCY OVER TERM OF CONTRACT If, in the sole judgment of the Purchasing Activity or the Purchaser, any item is determined not to be an equal, the Purchaser may take any or all of the following actions: the product may be returned at Contractor’s expense; the contract may be terminated without any liability to the State of Washington or Purchaser SHIPPING AND RISK OF LOSS
See Appendix F Technical Requirements. DELIVERY
See Appendix F Technical Requirements. SITE SECURITY While on Purchaser’s premises, Contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations. INSPECTION AND REJECTION The Purchaser's inspection of all materials, supplies and equipment upon delivery is for the purpose of forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Such inspection shall not be construed as final acceptance, or as acceptance of the materials, supplies or equipment, if the materials, supplies or equipment does not conform to contractual requirements. If there are any apparent defects in the materials, supplies, or equipment at the time of delivery, the Purchaser will promptly notify the Contractor. Without limiting any other rights, the Purchaser may require the Contractor to: (1) repair or replace, at Contractor's expense, any or all of the damaged goods; (2) refund the price of any or all of the damaged goods; or (3) accept the return of any or all of the damaged goods. STANDARD OF PERFORMANCE AND ACCEPTANCE TESTING
See Appendix F Technical Requirements. TITLE TO PRODUCT
See Appendix F Technical Requirements. TREATMENT OF ASSETS Title to all property furnished by the Purchasing Activity and/or Purchaser shall remain in the Purchasing Activity and/or Purchaser, as appropriate. Title to all property furnished by the Contractor, the cost for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the Purchaser upon delivery of such property by the Contractor and Acceptance by the Purchaser. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in the Purchaser upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by the Purchaser in whole or in part, whichever first occurs. Any property of the Purchasing Activity and/or Purchaser furnished to the Contractor shall, unless otherwise provided herein or approved by the Purchasing Activity and/or Purchaser, be used only for the performance of this Contract. The Contractor shall be responsible for damages as a result of any loss or damage to property of the Purchasing Activity and/or Purchaser which results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain, administer and protect that property in a reasonable manner and to the extent practicable in all instances. If any Purchasing Activity and/or Purchaser property is lost, destroyed, or damaged, the Contractor shall immediately notify the Purchasing Activity and/or Purchaser and shall take all reasonable steps to protect the property from further damage. The Contractor shall surrender to the Purchasing Activity and/or Purchaser all property of the Purchasing Activity and/or Purchaser prior to settlement upon completion, termination, or cancellation of this contract. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. HAZARDOUS MATERIALS “Right to know” legislation requires the Department of Labor and Industries to establish a program to make employers and employees more aware of hazardous substances in their work environment. Implementing Chapter 296-839 WAC requires that all manufacturers and distributors of hazardous substances, including any of the items listed in this Contract, must include a complete material safety data sheet (MSDS) for each hazardous mate...
See Appendix F Technical Requirements. COST OF REMEDY Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the Contractor. EQUIPMENT MAINTENANCE
See Appendix F Technical Requirements. TRAINING
See Appendix F Technical Requirements. INFORMATION AND COMMUNICATIONS ADVERTISING Contractor shall not publish or use any information concerning this Contract in any format or media for advertising or publicity without prior written consent from the Contract Administrator.
See Appendix F Technical Requirements. 5SITE SECURITY While on Purchaser’s premises, Contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations.
See Appendix F Technical Requirements. 8INFORMATION AND COMMUNICATIONS
