Common use of INSPECTION AND REJECTION Clause in Contracts

INSPECTION AND REJECTION. a. No item(s) or services received by the University shall be deemed accepted until the University has had a reasonable opportunity to make an inspection. Any item(s) that is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. The decision of the Contracting Officer shall be final. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the University within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the University shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale that represents the University’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately render service(s) or replace all such rejected item(s) with others conforming to the specifications and that are not defective. If the Contractor fails, neglects or refuses to do so, the University shall then have the right to procure a corresponding quantity of such item(s) or services, and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in this Contract and the cost thereof to the University.

Appears in 11 contracts

Samples: Standard Contract Terms, Service Purchase Contract, Standard Contract

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INSPECTION AND REJECTION. a. No item(s) or services received by the University Commonwealth shall be deemed accepted until the University Commonwealth has had a reasonable opportunity to make an inspectioninspect the item(s). Any item(s) that which is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. The decision of the Contracting Officer shall be final. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the University Commonwealth within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the University Commonwealth shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale that which represents the UniversityCommonwealth’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately render service(s) or replace all such rejected item(s) with others conforming to the specifications and that which are not defective. If the Contractor fails, neglects or refuses to do so, the University Commonwealth shall then have the right to procure a corresponding quantity of such item(s) or services), and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in this the Contract and the actual cost thereof to the UniversityCommonwealth.

Appears in 3 contracts

Samples: Special Contract Terms and Conditions, Special Contract Terms and Conditions, Special Contract Terms and Conditions

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