Common use of MATERIAL & WORKMANSHIP Clause in Contracts

MATERIAL & WORKMANSHIP. a. Unless this Contract specifies otherwise, all supplies, equipment, material, and articles incorporated into the work covered by this Contract shall be new and of the most suitable grade for the purpose intended. The Contractor represents that any supplies to be provided under this Contract are new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety). b. If at any time during this Contract’s performance, the Contractor believes that furnishing supplies that are not new is in WMATA's best interests, the Contractor shall notify the Contracting Officer immediately, in writing. The Contractor's notice shall include the reasons for the request, along with any proposed price reduction, that WMATA may take, if the Contracting Officer agrees to authorize such supplies. The Contracting Officer's authorization to use such supplies shall be final and binding and not subject to further review pursuant to the "Disputes" clause of this Contract or otherwise. c. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, propose to use equipment, material, articles, or processes that, in the Contracting Officer’s judgment, are equal to that identified in the specifications, unless otherwise expressed in this Contract.

MATERIAL & WORKMANSHIP. a. (a) Unless this Contract specifies otherwise, all supplies, equipment, material, and articles incorporated into the work covered by this Contract shall be new and of the most suitable grade for the purpose intended. The Contractor represents that any supplies to be provided under this Contract are new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety). b. (b) If at any time during this Contract’s performance, the Contractor believes that furnishing supplies that are not new is in WMATA's best interests, the Contractor shall notify the Contracting Officer immediately, in writing. The Contractor's notice shall include the reasons for the request, along with any proposed price reduction, that WMATA may take, if the Contracting Officer agrees to authorize such supplies. The Contracting Officer's authorization to use such supplies shall be final and binding and not subject to further review pursuant to the "Disputes" clause of this Contract or otherwise. c. (c) References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, propose to use equipment, material, articles, or processes that, in the sole judgment of the Contracting Officer’s judgment, are is equal to that identified in the specifications, unless otherwise expressed in this Contract.