Foreign Material Clause Samples
The Foreign Material clause defines the rules and responsibilities regarding the presence of substances or objects not intended to be part of the goods or materials supplied under a contract. Typically, this clause sets acceptable limits for foreign matter, outlines inspection procedures, and specifies remedies or rejection rights if such material is found. Its core function is to ensure product quality and safety by preventing contamination or defects, thereby protecting both parties from disputes over non-conforming goods.
Foreign Material. When steel materials are used in a project a minimal use of foreign steel is permitted. The cost of such materials cannot exceed on-tenth of one percent of the total project cost, or $2,500,000, whichever is greater.
Foreign Material. If this Contract or any associated PO value is at or above $250,000, Contractor will provide Work compliant with the Trade Agreements Act of 1979, 19 U.S.C. §§ 2501-2581 (TAA), to the extent the TAA is applicable. Contractor will provide materials compliant with the Buy American Act, 41 U.S.C. §§ 8301-8305 (BAA), to the extent the BAA is applicable. TVA may reject any Work that does not comply with the BAA or TAA.
Foreign Material. The contamination of goods by foreign material or objects is not acceptable as it could eventually affect product appearance and performance. The seller shall document and implement a program for the prevention, detection, and removal of Foreign Object Damage/Foreign Object Debris (FOD) in accordance with SAE AS9146. The program shall include training and the active involvement of employees. In addition, the seller shall conduct audits and maintain records to demonstrate the program’s effectiveness. By delivering items to the buyer, the seller shall be deemed to have certified that such items are free from any foreign materials that could result in FOD.
Foreign Material. No handler shall receive or acquire farmers stock peanuts containing more than 10.49 percent foreign material, except that peanuts having a higher foreign material content may be received or acquired if they are held separately until milled, or moved over a sand-screen before storage, or shipped directly to a plant for prompt shelling. The term sand-screen means any type of farmers stock cleaner which, when in use, removes sand and dirt.
Foreign Material. Loads with 0% to 6% foreign material shall be averaged on a daily average basis, with the discount schedule applied on that daily average. Loads with more than 6% foreign material shall be handled on a load by load basis, with right to reject and in applying the discount schedule. Toxins. Any load of corn that tests positive for microtoxins or other toxins will be rejected. However, it is agreed that FCE is responsible only to use "black light" testing to determine the existence of such toxins. If GFCEP desires additional testing, it shall give written notice to FCE and GFCEP shall pay all costs of such additional testing. This discount schedule is subject to change as market conditions dictate providing both FCE and GFCEP mutually agree to any change in writing.
Foreign Material. When steel materials are used in a project a minimal use of foreign steel is permitted.
Foreign Material. 27.1 In the event that the Supplier delivers coal, as part of a pre-certified consignment, that is contaminated with Foreign Material, Eskom shall reserve the right to immediately stop the supply until the root cause or lack of quality control is identified and the following shall occur:
27.1.1 Upon identification of Foreign Material, Eskom shall provide evidence of the Foreign Material, including but not limited to photographic evidence, within 24 (twenty four) hours.
27.1.2 Eskom shall instruct the Supplier to temporarily stop supply from the identified contaminated stock pile.
27.1.3 Eskom and the Supplier shall jointly conduct and conclude an investigation of the source and/or the root cause of the Foreign Material contamination within 48 (forty eight) hours of stoppage.
27.1.4 In the event that during the investigation it is concluded that the other stockpiles may be affected, Eskom reserves the right to extend the stoppage to the entire operation.
27.1.5 Upon conclusion of the investigation, the Supplier shall provide Eskom the root cause and the remedial action plan in writing. Eskom undertakes to respond in writing within 24 (twenty four) hours after of submission of the remedial action plan advising if the plan is acceptable.
27.1.6 On Eskom’s acceptance the Supplier shall implement the remedial action plan on the terms and form as accepted and the Supplier shall resume supply.
27.1.7 In the event that Eskom does not accept the remedial action plan, which acceptance shall not be unreasonably withheld, the Supplier may not resume supply. Either party may declare a dispute and then refer the dispute to an independent to expert for determination in terms of clause 38.
27.1.8 In the event that the investigation is inconclusive, the Supplier may, if it deems fit, resume supply.
Foreign Material. Foreign material as defined below shall not be paid a deposit refund or handling commission:
2.3.1. Beverage Containers not listed in Schedule “A”, not registered, not sold in Alberta, not covered by the Regulation or are not Beverage Containers; or