Complying Gypsum Clause Samples
The 'Complying Gypsum' clause defines the standards and requirements that gypsum materials must meet to be accepted for use in a construction project. Typically, this clause specifies the relevant industry standards, such as ASTM or EN specifications, and may require documentation or certification from suppliers to verify compliance. By clearly outlining these criteria, the clause ensures that only quality-assured gypsum is used, thereby reducing the risk of defects and ensuring the durability and safety of the finished work.
Complying Gypsum. Material shall constitute Complying Gypsum only if after sampling, evaluation and testing it is determined to comply with each of the Specifications. All Material intended by Seminole to be sold and delivered to Lafarge shall be sampled prior to delivery (as delivery is described in Section 7 hereof), and its compliance status with respect to the Specifications shall be determined in accordance with the test method protocols set forth on Exhibit A. All such sampling and compliance status determinations shall be at Seminole’s sole expense. Lafarge shall have the right to observe the sampling and testing of the Material’s compliance status with respect to the Specifications. Sampling and testing of the Material’s compliance status with the Specifications shall occur immediately prior to the Point of Delivery in the manner and in the frequencies set forth on Exhibit A. Seminole shall retain all such samples at the Seminole Plant in a manner which precludes the co-mingling of any samples, for a period of seven (7) days after the date of completion of analysis, and during such retention period, Seminole shall make the applicable sample(s) available to Lafarge, for testing by Lafarge, at its expense, upon Lafarge’s written request.
Complying Gypsum. A. Complying Gypsum shall meet each of the specifications set forth in Exhibit A. Gypsum shall be sampled by CG&E, and its compliance with the specifications of Exhibit A shall be determined, in accordance with the protocols set forth in Exhibit A, prior to the loading of the gypsum onto Lafarge’s barges or storage of gypsum at CG&E’s site. Sampling shall be at CG&E’s expense. Sampling data will be promptly transmitted electronically, and in any event CG&E shall use commercially reasonable efforts to transmit the data in the same day, to ensure Lafarge is informed of the status of the gypsum quality.
▇. ▇▇▇▇▇▇▇ will purchase and accept deliveries of, and gypsum will be deemed to be, Complying Gypsum if it contains no less than * * * moisture, no more than * * * moisture, and if the gypsum otherwise meets the specifications set forth in Exhibit A. The moisture content average shall be determined monthly, and the monthly figures shall be weighted on a tonnage basis to calculate the annual average moisture content per ton of Complying Gypsum for each Contract Year. If the annual average moisture content exceeds * * *, rounded to the nearest one-tenth of a percentage point, Lafarge shall be entitled to a gypsum price discount equal to: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Any discount owed to Lafarge shall be credited on the first invoice for the subsequent Contract Year. Such credit shall be carried forward for two months in the subsequent Contract Year. After the two (2) month period, CG&E shall pay Lafarge the balance due on any such credit by check or by other mutually agreeable means within thirty (30) days. At the end of the Initial Term, CG&E shall pay any credit owed Lafarge within thirty (30) days. If the annual average moisture content is * * * or less, rounded to the nearest one-tenth of a percentage point, CG&E shall be entitled to an increased moisture removal incentive as follows: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Any incentive balance owed to CG&E at the completion of a Contract Year shall be added to the first invoice of the subsequent Contract Year. If the amount of the annual incentive exceeds the amount owed by Lafarge to CG&E at the end of the Initial Term, Lafarge shall pay the difference to CG&E within thirty (30) days.
C. If, within thirty (30) days after Lafarge has taken title to what it believes is Complying Gypsum, Lafarge determines that...
Complying Gypsum. Seminole represents and warrants to Lafarge that the material to be sold and delivered to Lafarge hereunder will be Complying Gypsum or Alternative Complying Gypsum, as determined by the Specifications and the testing protocols set forth in Exhibit A, except for any such Non-Complying Gypsum as Lafarge in its sole discretion elects to purchase. SEMINOLE DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE COMPLYING GYPSUM, ALTERNATIVE COMPLYING GYPSUM AND ANY NON-COMPLYING GYPSUM WHICH LAFARGE IN ITS SOLE DISCRETION ELECTS TO PURCHASE, AND THERE ARE NO WARRANTIES WITH RESPECT TO THE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE COMPLYING GYPSUM OR ALTERNATIVE COMPLYING GYPSUM WHICH EXTEND BEYOND ITS COMPLIANCE WITH THE SPECIFICATIONS.
Complying Gypsum