Common use of Supplier Examination and Evaluation Clause in Contracts

Supplier Examination and Evaluation. Supplier hereby represents and warrants to ISR that: 5.4.1. Supplier has examined all documents pertaining to the Tender, this Agreement, in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the Wooden Sleepers shall be designed, manufactured, treated for preservation, checked supplied and delivered to ISR, and the execution of the Works required for the provision of the Wooden Sleepers as well for the fulfillment of any and all obligations under this Agreement; 5.4.2. Supplier has evaluated (independent of, and without relying on, any information or data provided by ISR) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and does believe that such performance is feasible and practicable under the terms and conditions stated herein; 5.4.3. Supplier has examined and is fully satisfied with all of the information provided to it by ISR, including ISR’s rules and procedures; 5.4.4. Supplier shall not be entitled to any payment or compensation other than as set forth herein and shall not make any claim for additional payment from ISR on the grounds of any misunderstanding or misapprehension in respect of any matter which a reasonable and expert supplier of a Wooden Sleepers knew or should have known or on the grounds of any allegation or fact that incorrect information was given to Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect as a reasonable and expert supplier of a Wooden Sleepers, whether the person, firm or legal entity was employed by ISR or not, or on the grounds of the failure on its part to obtain correct information with regard to the Works.

Appears in 1 contract

Samples: Procurement Agreement

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Supplier Examination and Evaluation. The Supplier hereby represents and warrants to ISR that: 5.4.14.4.1. The Supplier has examined all documents pertaining to the Tender, this Agreement, in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the Wooden Sleepers MSRS shall be designed, manufactured, treated for preservationassembled, checked integrated, tested, supplied and delivered to ISR, and the execution of the Works required for the provision of the Wooden Sleepers MSRS as well for the fulfillment of for any and all obligations under this Agreement; 5.4.24.4.2. The Supplier has evaluated (independent of, and without relying on, any information or data provided by ISR) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and does believe that such performance is feasible and practicable under the terms and conditions stated herein; 5.4.34.4.3. The Supplier has examined and is fully satisfied with all of the information provided to it by ISR, including ISR’s rules and proceduresprocedures to the extent that such information was provided to Supplier ; 5.4.44.4.4. The Supplier shall not be entitled to any payment or compensation other than as set forth herein and shall not make any claim for additional payment from ISR on the grounds of any misunderstanding or misapprehension in respect of any matter which a reasonable and expert supplier of a Wooden Sleepers MSRS knew or should have known or on the grounds of any allegation or fact that incorrect information was given to Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect as a reasonable and expert supplier of a Wooden SleepersMSRS, whether the person, firm or legal entity was employed by ISR or not, or on the grounds of the failure on its part to obtain correct information with regard to the Works.

Appears in 1 contract

Samples: Supply Agreement

Supplier Examination and Evaluation. The Supplier hereby represents and warrants to ISR ASSOCIATION that: 5.4.14.4.1. The Supplier has examined all documents pertaining to the TenderRFP, this Agreement, in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the Wooden Sleepers FACILITY shall be designed, manufactured, treated for preservationassembled, checked integrated, tested, supplied and delivered to ISRASSOCIATION, and the execution of the Works required for the provision of the Wooden Sleepers FACILITY as well for the fulfillment of for any and all obligations under this Agreement; 5.4.24.4.2. The Supplier has evaluated (independent of, and without relying on, any information or data provided by ISRASSOCIATION) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and does believe that such performance is feasible and practicable under the terms and conditions stated herein; 5.4.34.4.3. The Supplier has examined and is fully satisfied with all of the information provided to it by ISRASSOCIATION, including ISR’s Association's rules and procedures; 5.4.44.4.4. The Supplier shall not be entitled to any payment or compensation other than as set forth herein and shall not make any claim for additional payment from ISR ASSOCIATION on the grounds of any misunderstanding or misapprehension in respect of any matter which a reasonable and expert supplier of a Wooden Sleepers FACILITY knew or should have known or on the grounds of any allegation or fact that incorrect information was given to Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect as a reasonable and expert supplier of a Wooden SleepersFACILITY, whether the person, firm or legal entity was employed by ISR ASSOCIATION or not, or on the grounds of the failure on its part to obtain correct information with regard to the Works.

Appears in 1 contract

Samples: Supply Agreement

Supplier Examination and Evaluation. The Supplier hereby represents and warrants to ISR ASSOCIATION that: 5.4.14.4.1. The Supplier has examined all documents pertaining to the TenderRFP, this Agreement, in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the Wooden Sleepers FACILITY shall be designed, manufactured, treated for preservationassembled, checked integrated, tested, supplied and delivered to ISRASSOCIATION, and the execution of the Works required for the provision of the Wooden Sleepers FACILITY as well for the fulfillment of for any and all obligations under this Agreement; 5.4.24.4.2. The Supplier has evaluated (independent of, and without relying on, any information or data provided by ISRASSOCIATION) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and does believe that such performance is feasible and practicable under the terms and conditions stated herein; 5.4.34.4.3. The Supplier has examined and is fully satisfied with all of the information provided to it by ISRASSOCIATION, including ISR’s Association's rules and procedures; 5.4.44.4.4. The Supplier shall not be entitled to any payment or compensation other than as set forth herein and shall not make any claim for additional payment from ISR ASSOCIATION on the grounds of any misunderstanding or misapprehension in respect of any matter which a reasonable and expert supplier of a Wooden Sleepers FACILITY knew or should have known or on the grounds of any allegation or fact that incorrect information was given to Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect as a reasonable and expert supplier of a Wooden Sleepers, whether the person, firm or legal entity was employed by ISR or not, or on the grounds of the failure on its part to obtain correct information with regard to the Worksknown.

Appears in 1 contract

Samples: Supply Agreement

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Supplier Examination and Evaluation. Supplier hereby represents and warrants to ISR that: 5.4.14.4.1. Supplier has examined all documents pertaining to the Tender, this Agreement, in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the Wooden Sleepers TRL shall be designed, manufactured, treated for preservationassembled, checked integrated, tested, supplied , delivered and delivered installed to ISR, and the execution of the Works required for the provision of the Wooden Sleepers TRL as well for the fulfillment of any and all obligations under this Agreement; 5.4.24.4.2. Supplier has evaluated (independent of, and without relying on, any information or data provided by ISR) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and does believe that such performance is feasible and practicable under the terms and conditions stated herein; 5.4.34.4.3. Supplier has examined and is fully satisfied with all of the information provided to it by ISR, including ISR’s rules and procedures; 5.4.44.4.4. Supplier shall not be entitled to any payment or compensation other than as set forth herein and shall not make any claim for additional payment from ISR on the grounds of any misunderstanding or misapprehension in respect of any matter which a reasonable and expert supplier of a Wooden Sleepers TRL knew or should have known or on the grounds of any allegation or fact that incorrect information was given to Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect as a reasonable and expert supplier of a Wooden SleepersTRL, whether the person, firm or legal entity was employed by ISR or not, or on the grounds of the failure on its part to obtain correct information with regard to the Works.

Appears in 1 contract

Samples: Supply Agreement

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