Defective Materials. All materials not confirming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not shall be rejected. They shall be removed immediately by the contractor at his expense and replaced with acceptable material. No rejected material, the defects of which have been subsequently corrected, shall be used on the work until approved in writing has been given by the Superintending Engineer. Upon failure on the part of the contractor to . comply with any order of the Superintending Engineer made under the provisions of this article within the time stipulated by the Superintending Engineer, the Superintending Engineer shall have authority to remove and replace the defective material and recover the cost of removal and replacement from the contractor. Further, all such defective material lying at site not removed and replaced within 30 days after issue of notice by the Superintending Engineer if the Superintending Engineer so decides, shall become the property of the Corporation and the Superintending Engineer shall disposes of such material in any manner without any further written notice to the Contract.
Defective Materials. All materials which do not meet the requirements of the Specifications at the time they are to be used will be rejected and, unless otherwise permitted by the Engineer, shall be removed in accordance with Subsection 104.12, titled “Contractor’s Responsibility for Work.”
Defective Materials. All materials not conforming to the requirements of the Plans and Special Provisions shall be rejected, whether in place or not. They shall be removed immediately from the site of the Work, unless otherwise permitted by the City Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the Work, unless approval in writing has been given by the City Engineer. Upon failure of the Contractor to comply promptly with any order of the City Engineer made under the provisions of this section, the City Engineer shall have authority to cause the removal and replacement of rejected materials and to deduct the cost thereof from any moneys due or to become due the Contractor.
Defective Materials. If during or prior to construction operations the Owner or Professional rejects any portion of the Work on the grounds that the Work or materials are defective, the Owner or Professional shall give the General Contractor written notice of the defect. The General Contractor shall then have seven (7) calendar days from the date the notice is received to correct the defective condition.
Defective Materials. All materials that Owner has determined do not conform to the requirements of the authorized Service Work Order will be rejected whether in place or not. Contractor must remove all rejected materials immediately from the Project Site, unless otherwise permitted by Owner’s Project Manager. No rejected material, or repaired defective material, shall be used in the Work without Owner's PM written approval. Upon Contractor's failure to comply promptly with any Order of Owner made pursuant to the provisions in this Article 3.36.6 a, “Defective Materials”, Owner has the right and authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any monies due or to become due to Contractor . Inspection at Source of Supply Owner may inspect the production of any material, or the Manufacture of any product at the source of supply. Such inspection, however, will not be undertaken until Owner is assured of the cooperation and assistance of both Contractor and producer. Owner’s Project Manager or their designated representatives shall have free entry at all times to the parts of the plant Manufacturing or producing such materials. Adequate facilities must be provided free of charge to make the necessary inspections. Owner assumes no obligation to inspect materials at source of supply. Certificate of Compliance Owner may permit the use by Contractor of certain materials or assemblies before sampling and testing if accompanied by a Certificate of Compliance stating that the materials comply in all respects with the requirements of the authorized Service Work Order. The Manufacturer of the material or assembly must sign the Certificate of Compliance. Upon request by Contractor’s PM, if Owner so agrees, Owner shall grant the right to such use by issuance of a written notice by Owner’s PM. If Owner grants such permission, a Certificate of Compliance must be submitted with each lot of material delivered to the Project Site and the lot so certified must be clearly identified in the Certificate of Compliance. Owner may sample and test all materials used pursuant to a Certificate of Compliance at any time. The fact that material is used pursuant to a Certificate of Compliance does not relieve Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the authorized Service Work Order; and any such material not conforming to such requirements will be subject to rejection whether in place or no...
Defective Materials. (Not included) 6-5 Products and Source of Supply. (Not included)
Defective Materials. Materials not meeting the requirements of these Specifications will be considered defective. The Engineer will reject all such materials, whether in place or not. Remove all rejected material immediately from the site of the work and from storage areas, at no expense to the Department. Do not use material that has been rejected and the defects corrected, until the Engineer has approved the material’s use. Upon failure to comply promptly with any order of the Engineer made under the provisions of this Article, the Engineer has the authority to have the defective material removed and replaced by other forces and deduct the cost of removal and replacement from any moneys due or to become due the Contractor.
Defective Materials. All materials which do not comply with the requirements of the Specification will be rejected and all such materials, whether in place or not, shall be immediately removed from the site by the Contractor at his own expense.
Defective Materials a All materials that Owner has determined do not conform to the requirements of the authorized Service Work Order will be rejected whether in place or not. Contractor must remove all rejected materials immediately from the Project Site, unless otherwise permitted by Owner’s Project Manager. No rejected material, or repaired defective material, shall be used in the Work, without Owner's PM written approval.
Defective Materials. Notwithstanding any prior payment, Buyer reserves the right, at Seller’s sole risk and expense (including but not limited to cost of packing and transportation to and from source), (a) to require Seller to remove and repair or replace, at Buyer’s option, defective or non-conforming Materials, or (b) to return, for full credit, all or any part of the Materials furnished hereunder that are defective in material or workmanship or which do not conform to the warranties contained in the PO Documents or implied by law. Seller also shall be responsible for the cost of correcting the goods, work, and property of Buyer or others damaged by Seller’s defective Materials, including goods and work of Buyer and others that are damaged by Seller in connection with any breach of Seller’s warranties hereunder. Buyer reserves the right, but shall not be obligated, to repair any defects and charge to Seller any expenses involved when in Xxxxx’s sole judgment the cost of making such repairs would be less than the cost of repair or replacement by Seller or cancellation of the applicable Purchase Orders. If Xxxxx returns defective Materials or rejects non-conforming Materials as set forth herein, Buyer may additionally cancel any remaining portion of Buyer’s Purchase Orders in accordance with the terms hereof.
