Specifications and Performance Sample Clauses

Specifications and Performance. The Equipment supplied will be substantially in accordance with the specifications provided to Customer, subject to reasonable variations plus or minus. Such reasonable variations shall not be made the basis of any claim against Company or its suppliers. Company shall not be responsible for performance figures given in any source other than the specifications. Company reserves the right to supply Equipment in fulfillment of its obligations hereunder, the design and/or constructions of which has been modified, provided that the general performance of the Equipment is not adversely affected. Unless otherwise stated, the Equipment will be packaged in accordance with normal air freight packing standards.

Specifications and Performance. (A) The Seller does not guarantee that the illustrations, descriptions, physical or chemical properties, dimensions and other specifications relating to the Goods in the Seller’s brochures, catalogues, drawings or documents (Specifications) will in all cases be identical to the Goods. The Seller may make changes to the Specifications at any time provided that the changes do not adversely affect the quality of Goods. The Seller shall use its reasonable endeavours to notify the Buyer of any material changes to any Specifications. Any samples or Specifications are a guide only produced for the sole purpose of giving an approximate idea of the goods and services described therein and do not form part of the Contract nor constitute any form of guarantee or warranty. (B) The Buyer acknowledges it does not rely on the skill or judgement of the Seller or any of the Seller’s employees in relation to the suitability of the Goods for any particular purpose and it is the Buyer’s sole responsibility to satisfy itself whether the Goods are or will be suitable for any such purpose. (C) The Goods will be subject to the Seller’s standard tests at the Seller’s facilities before despatch. The Seller shall not have any liability howsoever caused or arising for, makes no guarantee and provides no warranty in respect of performance or performance levels of the Goods. (D) The Buyer at its own cost undertakes to maintain appropriate, up-to-date and accurate records to enable the immediate recall of any Goods or batches of such Goods. These records shall include records of deliveries to customers (including batch numbers, delivery date, name and address of customer, telephone number, fax number and email address). In the event that there is a material defect in the Goods, the Buyer agrees to reasonably assist Supplier in any recall, retrofit or replacement program for the Goods at the expense of the Seller.

Specifications and Performance. The Municipality will provide personnel, equipment, materials, and facilities to perform the maintenance work under the terms of this Contract in a manner consistent with MDOT’s established guidelines for winter and non-winter maintenance activities. The Municipality shall perform all maintenance work under this Contract in accordance with accepted maintenance practices and/or specifications provided by MDOT and in accordance with the approved Budget and annual Work Plan. When MDOT recognizes that a certain maintenance activity, is not in compliance with accepted maintenance practices and/or specifications, it will, within sixty (60) days of the billing of work, issue a written notice to the Municipality. Upon issuance of the first written notice, MDOT will work with the Municipality to develop a corrective action plan. Once both MDOT and the Municipality are satisfied with the corrective action plan, MDOT and the Municipality will approve the plan for implementation. MDOT will reimburse the Municipality for the cost of the non-compliant work. Once the corrective work is completed in accordance with the corrective action plan, the Municipality will submit the cost for the corrective work for full reimbursement by MDOT. The Municipality agrees that if corrective work is not in accordance with the corrective action plan, the Municipality will not invoice MDOT for the non-compliant corrective work. If MDOT determines that the corrective work is not in compliance with the corrective action plan, within thirty (30) days it will issue a second written notice to the Municipality describing the unacceptable corrective work, the reason for rejection, and include a written copy of MDOT’s maintenance practices and/or specifications, if applicable. Work not meeting the corrective action plan will be corrected by the Municipality in accordance with the second written notice and the previously approved corrective action plan, without additional charge to MDOT. If MDOT, upon completion of the Municipality’s second attempt to correct the non-compliant work, determines that the work is still not in compliance, MDOT will have the non-compliant work corrected by other means at MDOT’s expense and the Municipality will reimburse MDOT for such expense through Maintenance Local Agency Payment System (MLAP). If there is a disagreement between MDOT and the Municipality regarding whether or not the corrective work meets MDOT’s maintenance practices and/or specifications, the Munici...

Specifications and Performance. Without limiting any other specifications applicable to the Deliverables, the Contractor must meet any specifications described in Item 5 of the Schedule, including any requirements as to reporting, review and Key Performance Indicators.