Common use of Substitution Clause Clause in Contracts

Substitution Clause. The process of substituting one product for another is STRONGLY discouraged as each item is strategically menued to meet the components and requirements of the National School Breakfast, Lunch and Snack Programs. Contractor is expected to furnish the brand and /or quality of products that the bidder disclosed to the District in response to the solicitation giving rise to this Agreement and listed in Schedule A of this Agreement. Shipments of items with brand name or specifications other than those required by this Agreement shall be rejected or returned to the Contractor at the Contractor’s expense and Contractor will not receive payment for any non-conforming goods and may be found to be in breach of this Agreement. Cafeteria Managers will be provided a list of the product brand names awarded on this Agreement to help ensure that only approved products are accepted and delivered. Contractor expressly agrees that Cafeteria Managers lack authority to vary the terms of this written contract, including the specifications of any products to be provided under this Agreement, the documentation requirements for deliveries, and the price. The Contractor agrees that the District may require Contractor to correct or reimburse the District for the delivery of nonconforming goods and/or services even if accepted without authority by a Cafeteria Manager. The foregoing provisions notwithstanding, in such circumstances that the Contractor, in good faith, is unable to furnish the brand listed on the solicitation, a higher quality product, as determined in writing by the District’s Director of School Nutrition or her designee, may be substituted. No substitutions for ordered products shall be made by the Contractor without prior written consent of the District’s Director of School Nutrition or her designee. Requests to substitute after the performance of this Agreement has begun must include a nutrition label, list of ingredients, child nutrition product specification sheet (if available), and preparation instructions for the proposed substitute item. Substitution for ordered products without prior written consent will not receive payment and could result in the contractor being declared in breach of this Agreement. Payment for approved substitutions will be made per individual unit at the same unit price listed on Schedule A of this Agreement for the item being replaced. The Contractor must bear any difference in the cost for the substituted product and the amount of the contracted price listed on Schedule A of this Agreement.

Substitution Clause. The process of substituting one product for another is STRONGLY discouraged as each item is strategically menued to meet the components and requirements of the National School Breakfast, Lunch and Snack Programs. Contractor is expected to furnish the brand and /or quality of products that the bidder disclosed to the District in response to the solicitation giving rise to this Agreement and listed in Schedule A Attachment B of this Agreement. Shipments of items with brand name or specifications other than those required by this Agreement shall be rejected or returned to the Contractor at the Contractor’s expense and Contractor will not receive payment for any non-conforming goods and may be found to be in breach of this Agreement. Cafeteria Managers will be provided a list of the product brand names awarded on this Agreement to help ensure that only approved products are accepted and delivered. Contractor expressly agrees that Cafeteria Managers lack authority to vary the terms of this written contract, including the specifications of any products to be provided under this Agreement, the documentation requirements for deliveries, and the price. The Contractor agrees that the District may require Contractor to correct or reimburse the District for the delivery of nonconforming goods and/or services even if accepted without authority by a Cafeteria Manager. The foregoing provisions notwithstanding, in such circumstances that the Contractor, in good faith, is unable to furnish the brand listed on the solicitation, a higher quality product, as determined in writing by the District’s Director of School Nutrition or her designee, may be substituted. No substitutions for ordered products shall be made by the Contractor without prior written consent of the District’s Director of School Nutrition or her designee. Requests to substitute after the performance of this Agreement has begun must include a nutrition label, list of ingredients, child nutrition product specification sheet (if available), and preparation instructions for the proposed substitute item. Substitution for ordered products without prior written consent will not receive payment and could result in the contractor being declared in breach of this Agreement. Payment for approved substitutions will be made per individual unit at the same unit price listed on Schedule A Attachment B of this Agreement for the item being replaced. The Contractor must bear any difference in the cost for the substituted product and the amount of the contracted price listed on Schedule A Attachment B of this Agreement.