Unfixed Goods and Materials Sample Clauses

Unfixed Goods and Materials. Unfixed goods or materials will not be included in the value of work in a payment statement under clause 12.4 unless: the Contract Administrator is satisfied that the unfixed goods and materials have not been prematurely ordered and are necessary to enable the Contractor to comply with its obligations under the Contract; the Contractor gives the Contract Administrator with a payment claim under clause 12.2: additional Approved Security equal to the amount claimed for the unfixed goods and materials; and such evidence as may be required by the Contract Administrator that title to the unfixed goods and materials will vest in the Commonwealth upon payment; the unfixed goods and materials are clearly marked as the property of the Commonwealth and are on the Site or available for immediate delivery to the Site; and the unfixed goods and materials are properly stored in a place approved by the Contract Administrator. Upon payment by the Commonwealth of a payment statement which includes unfixed goods and materials, title in the unfixed goods and materials will vest in the Commonwealth.
AutoNDA by SimpleDocs
Unfixed Goods and Materials. Unfixed materials and goods intended for, delivered to and placed on or adjacent to the work shall not be removed except for use upon the work unless the Engineer has consented in writing to such removal which consent shall not be unreasonably withheld. Where the value of such materials or goods, such materials and goods shall become the property of GMDCbut subject to clause 47(b) or to clause 47(c) of these conditions (if applicable) the Contractor shall remain responsible for loss or damage to the same.
Unfixed Goods and Materials. Unfixed goods or materials will not be included in the value of work in a payment statement under clause 11.4 unless: the PDS Contractor is satisfied that the unfixed goods and materials have not been prematurely ordered and are necessary to enable the Contractor to comply with its obligations under the Contract; the Contractor gives the PDS Contractor with a payment claim under clause 11.2: (if clause 3 applies, additional) Approved Security equal to the amount claimed for the unfixed goods and materials; and such evidence as may be required by the PDS Contractor that title to the unfixed goods and materials will vest in the Commonwealth upon payment; the unfixed goods and materials are clearly marked as the property of the Commonwealth and are on the Site or available for immediate delivery to the Site; and the unfixed goods and materials are properly stored in a place approved by the PDS Contractor. Upon payment by the Commonwealth of a payment statement which includes unfixed goods and materials, title in the unfixed goods and materials will vest in the Commonwealth.
Unfixed Goods and Materials. Unfixed goods or materials will not be included in the value of work in a payment statement under clause 11.4 unless: the Contract Administrator is satisfied that the unfixed goods and materials have not been prematurely ordered and are necessary to enable the Contractor to comply with its obligations under the Contract; the Contractor gives the Contract Administrator with its payment claim under clause 11.2: additional Approved Security equal to the payment claimed for the unfixed goods and materials; and such evidence as may be required by the Contract Administrator that title to the unfixed goods and materials will vest in the Principal upon payment; the unfixed goods and materials are clearly marked as the property of the Principal and are on the Site or available for immediate delivery to the Site; and the unfixed goods and materials are properly stored in a place approved by the Contract Administrator. Upon payment of a payment statement which includes unfixed goods and materials, title in the unfixed goods and materials will vest in the Principal. If the Contractor has given the Principal additional Approved Security for payment for unfixed goods and materials, the Principal must release it to the Contractor once those goods and materials are incorporated into the Works. Within 28 days (or such longer period agreed in writing by the Contract Administrator) after the issue of a Completion certificate under clause 13.1 for the Works or a Section, the Contractor must give the Contract Administrator: a payment claim which complies with clause 11.2 and which must include all amounts which the Contractor claims from the Principal on account of all amounts payable under the Contract; and notice of any other amounts which the Contractor claims from the Principal, in respect of any fact, matter or thing arising out of, or in connection with, the Contractor's Activities or the Contract which: in the case of the Works, occurred prior to the date of Completion of the Works; or in the case of a Section, occurred prior to the date of Completion of the Section, insofar as the fact, matter or thing relates to the Section. The payment claim and notice required under this clause 11.9 are in addition to the other notices which the Contractor must give to the Contract Administrator under the Contract in order to preserve its entitlements to make any such claims. Without limiting the previous paragraph, the Contractor cannot include in this payment claim or notice any c...
Unfixed Goods and Materials. (a) Unfixed goods and materials will not be included in the value of work in a payment schedule under clause 12.3 unless: (i) they are goods and material: A. specified in the Key Details for which payment can be claimed; or B. otherwise agreed by the Principal's Representative in writing; (ii) the Contractor gives the Principal's Representative with its payment claim under clause 12.2: A. an Unconditional Undertaking equal to the payment claimed for the unfixed goods and materials; and B. such evidence as may be required by the Principal's Representative that title to the unfixed goods and materials will vest in the Principal upon payment; (iii) the unfixed goods and materials are clearly marked as the property of the Principal and are on the Site or available for immediate delivery to the Site; and (iv) the unfixed goods and materials are properly stored in a place approved by the Principal's Representative. (b) Upon payment of a payment schedule which includes unfixed goods and materials, title in the unfixed goods and materials will vest in the Principal. (c) If the Contractor has given the Principal additional security for payment for unfixed goods and materials, the Principal must release it to the Contractor once those goods and materials are incorporated into the Works. (d) Any payment to be made to the Contractor by the Principal for undelivered goods and materials (or part thereof), whether pursuant to this clause 12.7 or otherwise, is an advance payment for the purposes of section 415D(9), 434J(8) or 451E(8) of the Corporations Act (as applicable), until the goods and materials (or part thereof) in question have been incorporated into the Works in accordance with the Contract.

Related to Unfixed Goods and Materials

  • Equipment and Materials CONTRACTOR shall provide all equipment, materials, and supplies necessary for the performance on the Agreement except:

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.

  • Time and Materials If this contract is designated as a Time and Materials contract, invoicing and payment shall be as follows: (a) Consultant shall submit invoices, not more often than once a month during the term of this agreement, based on the cost for work performed in accordance with the Rate Schedule in the Scope of Work and authorized reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: (i) Serial identifications of bills, i.e., Xxxx No. 1; (ii) The beginning and ending dates of the billing period; (iii) A summary containing the total contract amount, the amount of prior xxxxxxxx, the total due this period, percentage of work completed, the remaining balance available for all remaining billing periods, and a brief description of work completed during the billing period. (b) City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred.

  • WORKMANSHIP AND MATERIALS 1.10.1 Contractor shall furnish all supervision, labor, transportation, materials, tools and equipment necessary to satisfactorily complete the service in a manner consistent with the Project Manager’s plan and schedule. Contractor’s equipment shall be of the size and type appropriate for completing the various types of work described in the contract or any associating Purchase Order. Contractor shall ensure that any equipment considered by the Project Manager to be improper or inadequate for this purpose is removed from the site and replaced with satisfactory equipment. 1.10.2 All work performed under this contract shall be completed in accordance with local, state, and national codes and standards, and other recognized industry standards associated with the work. 1.10.3 The Contractor guarantees that all materials shall be of the best quality, that all work shall be done in a professional manner, and that all aspects of the project will be delivered in good working order, complete and perfect in every respect, and that all systems and materials necessary to make the project completely operational as contemplated by the above description of the project, even if those systems and materials are not specifically described in this Contract, shall be included in the contract price. 1.10.4 Contractor shall ensure that all supplies, equipment and machines shall be kept free of traffic lanes or other areas that may be hazardous. Contractor shall further ensure that all dirt and debris resulting from the work under this contract shall be disposed of at the end of each day or at the completion of work in each building. 1.10.5 Contractor shall, at no additional cost to the State, repair furnishings, equipment, facilities or other property of the State damaged by Contractor, its officers, employees, agents, contractors, subcontractors and invitees. Contractor acknowledges that the determination of the need for, and extent of, any repair work shall be made at the sole discretion of the Project Manager.

  • Goods and Works All goods and works required for the Project and to be financed out of the proceeds of the Financing shall be procured in accordance with the requirements set forth or referred to in Section I of the Procurement Guidelines, and with the provisions of this Section.

  • Procurement of Goods and Works Except as ADB may otherwise agree, Goods and Works shall only be procured on the basis of the methods of procurement set forth below:

  • Procurement for Goods and Works Except as ADB may otherwise agree, Goods and Works shall only be procured on the basis of the methods of procurement set forth below: National Competitive Bidding Shopping The methods of procurement are subject to, among other things, the detailed arrangements and threshold values set forth in the Procurement Plan. The Borrower may only modify the methods of procurement or threshold values with the prior agreement of ADB, and modifications must be set out in updates to the Procurement Plan.

  • Goods and Services 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. 4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. 4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual. 4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing. 4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.

  • LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor guarantees that materials shall be of the best quality, that work shall be completed in a neat and workmanlike manner, that equipment will be installed in a first class manner, and that all aspects of the project will be delivered in good working order complete and perfect in every respect and that all systems and materials necessary to make the project a complete operating utility as contemplated by the above description of the project is included in the Contract price. 4.4.2 The Contractor shall a t all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him.

  • Materials and Equipment ‌ Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance. Materials and Equipment shall be priced in accordance with the terms of the task order award, contract type, and applicable FAR and agency-specific regulatory supplements. Unless otherwise directed by task order terms and conditions, the Contractor may apply indirect costs to materials and equipment consistent with the Contractor’s usual accounting practices.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!