Deviations and Substitutions Clause Samples
The deviations-and-substitutions clause defines the process by which changes to specified materials, products, or methods in a contract may be proposed and approved. Typically, this clause allows one party, often the contractor or supplier, to request permission to use alternatives to the originally specified items, provided they meet certain standards or receive prior written consent from the other party. This mechanism ensures flexibility in sourcing or construction while maintaining quality and compliance, and it helps address issues such as material shortages or technological advancements that may arise during the project.
Deviations and Substitutions. If Subcontractor desires to request a deviation or a substitution from the Contract Documents, such request should be made as and conspicuously marked as a separate “ALTERNATE” submittal (the “Alternate Submittal”) (and shall be provided in addition to the regular submittal), and shall clearly identify the deviations and/or substitutions requested and the reasons for such request. If the Architect, Contractor, General Contractor and/or Owner, as required by the Contract Documents, approves the Alternate Submittal in writing, then Subcontractor may proceed with construction containing such deviations or substitutions in accordance with the approval given, but shall remain responsible to pay for any extra costs incurred by others as a result of such substitution or deviation. All extra or additional costs associated in any way with an Alternate Submittal shall be borne by Subcontractor. Under no circumstances shall Subcontractor be entitled to an increase in the Contract Price resulting from the submission and approval of any Alternate Submittal.
Deviations and Substitutions. No deviations and/or substitutions in material, design, specifications, or operating performance are permissible without prior written approval from the Buyer. Written approval to the Seller must be provided to the Seller through a change in the Purchase Order. The Seller shall ensure that the parts being provided are the exact parts being ordered. In addition, all certifications and/or documents being provided shall contain, as the primary number, the exact part number being requested on the PO. For example: PO Line 1: M9177/1-1 Seller Certification/Documentation/Label: M9177/1-1 (MFG P/N XABC-1) Strata-G Purchase Order calls for Seller to supply M9177/1-1. The Sellers certification, documentation, labeling, etc., MUST have M9177/1-1 as the primary number listed. If the part has a manufacturer specific part number for this item, it may be listed, however; it shall never serve as the primary number unless it is specifically requested on the PO.
Deviations and Substitutions. Any submittal containing any deviation or substitution from the requirements of the Subcontract Documents shall be strictly prohibited. If Subcontractor desires to request a deviation or a substitution from the Subcontract Documents, such request should be made as a separate “alternate” submittal (in addition to the regular submittal) which shall clearly identify the deviations and substitutions requested and reasons for such request. If such alternate submittal is approved, then Subcontractor may proceed with construction containing such substitutions or deviations in accordance with the approval, but shall be responsible to pay for any extra costs incurred by others as a result of such substitution.
Deviations and Substitutions. Subcontractor shall not deviate from the plans and specifications without the written consent of Contractor, and no changes shall be taken up with Owner or its authorized representative except through Contractor. Subcontractor shall identify any variations from the strict requirements of the plans and/or specifications, and any failure to do so as required by the Contract Documents shall be interpreted to mean that the equipment, fixture, material or other Work meets all of the requirements of the Contract Documents. Contractor's review of shop drawings, cut sheets, samples, material lists and other submissions shall not be construed as a complete review or approval, nor shall it relieve the Subcontractor from responsibility for errors of any sort therein, or from the necessity of furnishing any Work required by the Contract Documents which may have been omitted by Subcontractor. If any substitutions proposed by Subcontractor are accepted by the Architect or Engineer as an "or equal" product, Subcontractor shall remain fully responsible for all costs flowing from the substitution.