TESTS AND INSPECTION. (a) The Operator shall at its own expense carry out at the place of manufacture or on the Site all such tests and inspections of the Plant and Equipment and any part of the New Facility as are specified in the Contract and in Schedule 7. The Operator shall, in addition to those tests and inspections set out in the Contract, develop a plan for all testing and inspection of the New Facility that is required in order to complete the New Facility in accordance with the Technical Specifications. (b) The Owner and the Design-Build Engineer or their designated representatives shall be entitled to attend any test or inspection, provided that the Owner shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. (c) Whenever the Operator is ready to carry out any test or inspection, the Operator shall give a reasonable advance notice of such test or inspection and of the place and time thereof to the Design-Build Engineer. The Operator shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Owner and the Design-Build Engineer (or their designated representatives) to attend the test or inspection. (d) The Operator shall provide the Design-Build Engineer with a certified report of the results of any test or inspection. (e) If the Owner or Design-Build Engineer, or their designated representatives, fails to attend the test or inspection, or if it is agreed between the Parties that such persons shall not do so, then the Operator may proceed with the test or inspection in the absence of such persons, and shall provide the Design-Build Engineer with a certified report of the results thereof. (f) The Design-Build Engineer may require the Operator to carry out any test or inspection not required by the Contract, provided that the Operator’s reasonable costs and expenses incurred in the carrying out of such test or inspection shall be added to the Contract Price. Further, if such test or inspection impedes the progress of work on the New Facility or the Operator’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affected. (g) If any Plant and Equipment or any part of the New Facility fails to pass any test or inspection, the Operator shall either rectify or replace such Plant and Equipment or part of the New Facility and shall repeat the test or inspection upon giving a notice under Section [ ]. (h) If any dispute or difference of opinion arises between the Parties in connection with or arising out of the test or inspection of the Plant and Equipment or part of the new Facility that cannot be settled between the parties within a reasonable period of time, it may be referred to an Adjudicator for determination in accordance with Section 1.8.
Appears in 1 contract
Samples: Design Build and Operate Agreement
TESTS AND INSPECTION. (a) The Operator shall at its own expense carry out at the place of manufacture or on the Site all such tests and inspections of the Plant and Equipment and any part of the New Facility as are specified in the Contract and in Schedule 7. The Operator shall, in addition A. Contractor to those tests and inspections set out in the Contract, develop a plan provide for all testing and inspection of Work: Contractor shall maintain an adequate testing and inspection program and perform such tests and inspections as are necessary or required to ensure that the New Facility Work conforms to the requirements of the Contract Documents. Contractor shall be responsible for inspection and quality surveillance of all its Work and all Work performed by any Subcontractor. Unless otherwise provided, Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. Contractor shall give Owner timely notice of when and where tests and inspections are to be made. Contractor shall maintain complete inspection records and make them available to Owner.
B. Owner may conduct tests and inspections: Owner may, at any reasonable time, conduct such inspections and tests as it deems necessary to ensure that the Work is required in order to complete the New Facility in accordance with the Technical SpecificationsContract Documents. Owner shall promptly notify Contractor if an inspection or test reveals that the Work is not in accordance with the Contract Documents. Unless the subject items are expressly accepted by Owner, such Owner inspection and tests are for the sole benefit of Owner and do not:
1. Constitute or imply acceptance;
2. Relieve Contractor of responsibility for providing adequate quality control measures;
3. Relieve Contractor of responsibility for risk of loss or damage to the Work, materials, or equipment;
4. Relieve Contractor of its responsibility to comply with the requirements of the Contract Documents; or
5. Impair Owner’s right to reject defective or nonconforming items, or to avail itself of any other remedy to which it may be entitled.
(b) The Owner and the Design-Build Engineer C. Inspections or their designated representatives shall be entitled to attend any test or inspection, provided that the Owner shall bear all costs and expenses incurred in connection with such attendance including, but inspectors do not limited to, all traveling and board and lodging expenses.
(c) Whenever the Operator is ready to carry out any test or inspectionmodify Contract Documents: Neither observations by an inspector retained by Owner, the Operator shall give a reasonable advance notice of such test presence or inspection and of the place and time thereof to the Design-Build Engineer. The Operator shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Owner and the Design-Build Engineer (or their designated representatives) to attend the test or inspection.
(d) The Operator shall provide the Design-Build Engineer with a certified report of the results of any test or inspection.
(e) If the Owner or Design-Build Engineer, or their designated representatives, fails to attend the test or inspection, or if it is agreed between the Parties that such persons shall not do so, then the Operator may proceed with the test or inspection in the absence of such personsinspector on the site, and nor inspections, tests, or approvals by others, shall provide the Design-Build Engineer with a certified report relieve Contractor from any requirement of the results thereofContract Documents, nor is any such inspector authorized to change any term or condition of the Contract Documents.
(f) The Design-Build Engineer D. Contractor responsibilities on inspections: Contractor shall promptly furnish, without additional charge, all facilities, labor, material and equipment reasonably needed for performing such safe and convenient inspections and tests as may require the Operator to carry out any test or inspection not be required by Owner. Owner may charge Contractor any additional cost of inspection or testing when Work is not ready at the Contracttime specified by Contractor for inspection or testing, provided or when prior rejection makes reinspection or retest necessary. Owner shall perform its inspections and tests in a manner that the Operator’s reasonable costs and expenses incurred will cause no undue delay in the carrying out of such test or inspection shall be added to the Contract Price. Further, if such test or inspection impedes the progress of work on the New Facility or the Operator’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affectedWork.
(g) If any Plant and Equipment or any part of the New Facility fails to pass any test or inspection, the Operator shall either rectify or replace such Plant and Equipment or part of the New Facility and shall repeat the test or inspection upon giving a notice under Section [ ].
(h) If any dispute or difference of opinion arises between the Parties in connection with or arising out of the test or inspection of the Plant and Equipment or part of the new Facility that cannot be settled between the parties within a reasonable period of time, it may be referred to an Adjudicator for determination in accordance with Section 1.8.
Appears in 1 contract
Samples: Invitation to Bid
TESTS AND INSPECTION. (a) A. The Operator CM/GC shall at its own expense carry out at the place of manufacture or on the Site all maintain an adequate testing and inspection program and perform such tests and inspections as are necessary or required to ensure that the Work conforms to the requirements of the Plant and Equipment and any part of the New Facility as are specified in the Contract and in Schedule 7Documents. The Operator shallCM/GC shall be responsible for inspection and quality surveillance of all its Work and all Work performed by any Subcontractors. Unless otherwise provided, in addition the CM/GC shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to those Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The CM/GC shall give Owner timely notice of when and where tests and inspections set out in are to be made. The CM/GC shall maintain complete inspection records and make them available to Owner.
B. Owner may, at any reasonable time, conduct such inspections and tests as it deems necessary to ensure that the Contract, develop a plan for all testing and inspection of the New Facility that Work is required in order to complete the New Facility in accordance with the Technical SpecificationsContract Documents. Owner shall promptly notify the CM/GC if an inspection or test reveals that the Work is not in accordance with the Contract Documents. Unless the subject items are expressly accepted by Owner, such Owner inspection and tests are for the sole benefit of Owner and do not:
1. Constitute or imply acceptance;
2. Relieve the CM/GC of responsibility for providing adequate quality control measures;
3. Relieve the CM/GC of responsibility for risk of loss or damage to the Work, materials, or equipment;
4. Relieve the CM/GC of its responsibility to comply with the requirements of the Contract Documents; or
5. Impair Owner’s right to reject defective or nonconforming items, or to avail itself of any other remedy to which it may be entitled.
(b) The Owner and the Design-Build Engineer or their designated representatives shall be entitled to attend any test or inspection, provided that the Owner shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.
(c) Whenever the Operator is ready to carry out any test or inspectionC. Neither observations by an inspector retained by Owner, the Operator shall give a reasonable advance notice of such test presence or inspection and of the place and time thereof to the Design-Build Engineer. The Operator shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Owner and the Design-Build Engineer (or their designated representatives) to attend the test or inspection.
(d) The Operator shall provide the Design-Build Engineer with a certified report of the results of any test or inspection.
(e) If the Owner or Design-Build Engineer, or their designated representatives, fails to attend the test or inspection, or if it is agreed between the Parties that such persons shall not do so, then the Operator may proceed with the test or inspection in the absence of such personsinspector on the site, and nor inspections, tests, or approvals by others, shall provide relieve the Design-Build Engineer with a certified report CM/GC from any requirement of the results thereofContract Documents, nor is any such inspector authorized to change any term or condition of the Contract Documents.
(f) D. The Design-Build Engineer CM/GC shall promptly furnish, without additional charge, all facilities, labor, material and equipment reasonably needed for performing such safe and convenient inspections and tests as may require the Operator to carry out any test or inspection not be required by Owner. Owner may charge the ContractCM/GC any additional cost of inspection or testing when Work is not ready at the time specified by the CM/GC for inspection or testing, provided or when prior rejection makes reinspection or retest necessary. Owner shall perform its inspections and tests in a manner that the Operator’s reasonable costs and expenses incurred will cause no undue delay in the carrying out of such test or inspection shall be added to the Contract Price. Further, if such test or inspection impedes the progress of work on the New Facility or the Operator’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affectedWork.
(g) If any Plant and Equipment or any part of the New Facility fails to pass any test or inspection, the Operator shall either rectify or replace such Plant and Equipment or part of the New Facility and shall repeat the test or inspection upon giving a notice under Section [ ].
(h) If any dispute or difference of opinion arises between the Parties in connection with or arising out of the test or inspection of the Plant and Equipment or part of the new Facility that cannot be settled between the parties within a reasonable period of time, it may be referred to an Adjudicator for determination in accordance with Section 1.8.
Appears in 1 contract
TESTS AND INSPECTION. (a) The Operator shall at its own expense carry out at the place of manufacture or on the Site all such tests and inspections of the Plant and Equipment and any part of the New Facility as are specified in the Contract and in Schedule 7. The Operator shall, in addition A. Owner to those tests and inspections set out in the Contract, develop a plan provide for all testing and inspection of Work: Owner shall maintain an adequate testing and inspection program and perform such tests and inspections as are necessary or required to ensure that the New Facility Work conforms to the requirements of the Contract Documents. Contractor shall be responsible for quality surveillance of all its Work and all Work performed by any Subcontractor. Unless otherwise provided, Owner shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. Contractor shall give Owner timely notice of when and where tests and inspections are to be made. Contractor shall maintain complete inspection records and make them available to Owner.
B. Owner may conduct tests and inspections: Owner may, at any reasonable time, conduct such inspections and tests as it deems necessary to ensure that the Work is required in order to complete the New Facility in accordance with the Technical SpecificationsContract Documents. Owner shall promptly notify Contractor if an inspection or test reveals that the Work is not in accordance with the Contract Documents. Unless the subject items are expressly accepted by Owner, such Owner inspection and tests are for the sole benefit of Owner and do not:
1. Constitute or imply acceptance;
2. Relieve Contractor of responsibility for providing adequate quality control measures;
3. Relieve Contractor of responsibility for risk of loss or damage to the Work, materials, or equipment;
4. Relieve Contractor of its responsibility to comply with the requirements of the Contract Documents; or
5. Impair Owner’s right to reject defective or nonconforming items, or to avail itself of any other remedy to which it may be entitled.
(b) The Owner and the Design-Build Engineer C. Inspections or their designated representatives shall be entitled to attend any test or inspection, provided that the Owner shall bear all costs and expenses incurred in connection with such attendance including, but inspectors do not limited to, all traveling and board and lodging expenses.
(c) Whenever the Operator is ready to carry out any test or inspectionmodify Contract Documents: Neither observations by an inspector retained by Owner, the Operator shall give a reasonable advance notice of such test presence or inspection and of the place and time thereof to the Design-Build Engineer. The Operator shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Owner and the Design-Build Engineer (or their designated representatives) to attend the test or inspection.
(d) The Operator shall provide the Design-Build Engineer with a certified report of the results of any test or inspection.
(e) If the Owner or Design-Build Engineer, or their designated representatives, fails to attend the test or inspection, or if it is agreed between the Parties that such persons shall not do so, then the Operator may proceed with the test or inspection in the absence of such personsinspector on the site, and nor inspections, tests, or approvals by others, shall provide the Design-Build Engineer with a certified report relieve Contractor from any requirement of the results thereof.
(f) The Design-Build Engineer may require the Operator Contract Documents, nor is any such inspector authorized to carry out change any test term or inspection not required by the Contract, provided that the Operator’s reasonable costs and expenses incurred in the carrying out condition of such test or inspection shall be added to the Contract Price. Further, if such test or inspection impedes the progress of work on the New Facility or the Operator’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affectedDocuments.
(g) If any Plant and Equipment or any part of the New Facility fails to pass any test or inspection, the Operator shall either rectify or replace such Plant and Equipment or part of the New Facility and shall repeat the test or inspection upon giving a notice under Section [ ].
(h) If any dispute or difference of opinion arises between the Parties in connection with or arising out of the test or inspection of the Plant and Equipment or part of the new Facility that cannot be settled between the parties within a reasonable period of time, it may be referred to an Adjudicator for determination in accordance with Section 1.8.
Appears in 1 contract
Samples: General Conditions Contract
