Common use of Non Delivery Clause in Contracts

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery). Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery)Authority. Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and and, in particular, the Authority retains the right to reject the Goods in accordance with clause B7.2 below. The Authority may by written notice to the Contractor reject any of the Goods which fail to conform to the approved sample or fail to meet the Specification. Such notice shall be given within a reasonable time after delivery to the Authority of such Goods. The If the Authority rejects any of the Goods pursuant to this clause the Authority may (without prejudice to other rights and remedies) either: ‫have the Goods promptly, and in any event within five (5) Working Days, either repaired by the Contractor or replaced by the Contractor with Goods which conform in all respects with the approved sample or with the Specification and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; or treat the Contract as discharged in whole or in part by the Contractor’s breach and obtain a refund (if payment for the Goods has already been made) from the Contractor in respect of the Goods concerned, together with payment of any additional expenditure reasonably incurred by the Authority in obtaining other goods in replacement provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement goods. ‫For the avoidance of doubt, the Authority will be deemed to have accepted the Goods if it expressly states the same in writing or fails to reject the Goods in accordance with this clause B7.2. ‫The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) 24 Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority as described in clause B7.2 shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper mannermanner and in accordance with the Authority’s instructions and any statutory requirements and any requirements of the carriers. In particular the Goods shall be accompanied by an advice note with the contract number (or other reference number if appropriate) and the net weights, the name of the contents shall be clearly marked on each container and all containers of hazardous Goods (and all documents relating thereto) shall bear prominent and adequate warnings. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered delivered. Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule Dthe Prisons Schedule, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approvalApproval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. Any access to, or occupation of, the Premises which the Authority may grant the Contractor from time to time shall be on a non-exclusive licence basis free of charge. The Contractor shall use the Premises solely for the purpose of performing its obligations under the Contract and shall limit access to the Premises to such of the Contractor’s Personnel as is necessary for that purpose. The Contractor shall co-operate (and ensure that its Personnel co-operate) with such other persons working concurrently on the Premises as the Authority may reasonably request. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2B11.3.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five ([5) ] Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery). Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the ‫‍the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept ‫‍accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If ‫‍If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where specified by the Customer, on dispatch of any consignment of Goods the Service Provider shall send the Customer an advice note specifying the means of transport, the place and the date of dispatch, the number of packages and their weight and volume. Where the Goods, having been placed in transit, fail to be delivered to the Authority Customer on the due date for delivery, the Authority Customer shall, (provided that the Authority Customer has been advised in writing of the dispatch of the Goods), within ten (10) Working Days working days of the notified date of delivery, give notice to the Contractor Service Provider that the Goods have not been delivered and may request the Contractor Service Provider free of charge to deliver substitute Goods within the timescales specified by the Authority Customer, or terminate the Contract in accordance with clause C13.4 (Delivery)Contract. Inspection, Rejection and Guarantee The Authority Customer or its authorised representatives may inspect or test the Goods either when they are complete or when they are in the process of manufacture manufacture, during normal business hours on reasonable notice at the ContractorService Provider’s premises premises, and the Contractor Service Provider shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of any such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority Customer of any rights or remedies in respect of the Goods and the Authority retains Customer reserves the right to reject the Goods, The Customer may by written notice to the Service Provider reject any of the Goods which fail to conform to the approved sample or fail to meet the Contract requirements. Such notice shall be given within a reasonable time after delivery of such Goods to the Customer. If the Customer rejects any of the Goods pursuant to this Clause 3.12.2 the Customer, acting reasonably,, may (without prejudice to any other rights and remedies) either: have such Goods promptly and in any event within five Working Days (or such alternative period as agreed between the Parties acting reasonably), either repaired by the Service Provider or replaced by the Service Provider with Goods which conform in all respects with the approved sample or with the Order Form and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; treat the Contract as discharged by the Service Provider’s breach and obtain a refund from the Service Provider in respect of any additional expenditure reasonably incurred by the Customer in obtaining other goods in replacement, provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement goods. The issue by the Authority Customer of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor Service Provider hereby guarantees the Goods for a the period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery for the period specified in the Catalogue of Services against faulty materials or workmanship. If the Authority Customer shall within that such guarantee period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor Service Provider of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor Service Provider shall (without prejudice to any other rights and remedies which that the Authority Customer may have) promptly remedy repair such defects (whether by repair or replacement replacement, as the Authority Customer shall elect) free of charge charge. Any Goods rejected or returned by the Authority Customer shall be returned to the Contractor Service Provider at the ContractorService Provider’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery). Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the ‫‍‍the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept ‫‍‍accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If ‫‍‍If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery)Authority. Inspection, Rejection and Guarantee The Notwithstanding that inspection and testing shall generally be as defined in the Specification the Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and and, in particular, the Authority retains the right to reject the Goods in accordance with clause B7.2 below. The Authority may by written notice to the Contractor reject any of the Goods which fail to conform to the approved sample or fail to meet the Specification. Such notice shall be given within a reasonable time after delivery to the Authority of such Goods. The If the Authority rejects any of the Goods pursuant to this clause the Authority may (without prejudice to other rights and remedies) either: ‫have the Goods promptly, and in any event within five (5) Working Days, either repaired by the Contractor or replaced by the Contractor with Goods which conform in all respects with the approved sample or with the Specification and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; or treat the Contract as discharged in whole or in part by the Contractor’s breach and obtain a refund (if payment for the Goods has already been made) from the Contractor in respect of the Goods concerned, together with payment of any additional expenditure reasonably incurred by the Authority in obtaining other goods in replacement provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement goods. ‫For the avoidance of doubt, the Authority will be deemed to have accepted the Goods if it expressly states the same in writing or fails to reject the Goods in accordance with this clause B7.2. ‫The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) 24 Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writingcharge.

Non Delivery. Where specified by the Customer on dispatch of any consignment of the Goods, the Service Provider shall send the Customer an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. Where the Goods, having been placed in transit, fail to be delivered to the Authority Customer on the due date for delivery, the Authority Customer shall, (provided that the Authority Customer has been advised in writing of the dispatch of the Goods), within [ten (10) )] Working Days of the notified date of delivery, give notice to the Contractor Service Provider that the Goods have not been delivered and may request the Contractor Service Provider free of charge to deliver substitute Goods within the timescales specified by the Authority Customer or terminate the Contract in accordance with clause C13.4 (Delivery)Contract. Inspection, Rejection and Guarantee Guarantee5 The Authority Customer or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s Service Provider's premises and the Contractor Service Provider shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make a complaint at the time of any such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority Customer of any rights or remedies in respect of the Goods and the Authority retains Customer reserves the right to reject the Goods in accordance with Clause 2.14.2. The Customer may by written notice to the Service Provider reject any of the Goods which fail to conform to the approved sample or fail to meet the Contract requirements. Such notice shall be given within a reasonable time after delivery to the Customer of such Goods. If the Customer rejects any of the Goods pursuant to this clause the Customer may (without prejudice to other rights and remedies) either:- have such Goods promptly, and in any event within 5 Working Days, either repaired by the Service Provider or replaced by the Service Provider with Goods which conform in all respects with the approved sample or with the Order Form and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; or treat the Contract as discharged by the Service Provider's breach and obtain a refund from the Service Provider in respect of the Goods concerned together with payment of any additional expenditure reasonably incurred by the Customer in obtaining other goods in replacement provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement goods. The issue by the Authority Customer of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor Service Provider hereby guarantees the Goods for a the period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery to the date (twelve [12]) Months6 thereafter against faulty materials or workmanship. If the Authority Customer shall within that such guarantee period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor Service Provider of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor Service Provider shall (without prejudice to any other rights and remedies which the Authority Customer may have) promptly remedy such defects (whether by repair or replacement as the Authority Customer shall elect) free of charge charge. Any Goods rejected or returned by the Authority Customer as described in Clause 2.14.2 shall be returned to the Contractor Service Provider at the Contractor’s Service Provider's risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract Framework Agreement in accordance with clause C13.4 (Delivery). Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Framework Agreement Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Framework Agreement Performance The Contractor shall ensure that: ‫the ‫‍the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the ContractFramework Agreement; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract Framework Agreement and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept ‫‍accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If ‫‍If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract Framework Agreement with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery). Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery)Authority. Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and and, in particular, the Authority retains the right to reject the Goods in accordance with clause B7.2 below. The Authority may by written notice to the Contractor reject any of the Goods which fail to conform to the approved sample or fail to meet the Specification. Such notice shall be given within a reasonable time after delivery to the Authority of such Goods. The If the Authority rejects any of the Goods pursuant to this clause the Authority may (without prejudice to other rights and remedies) either: ‫‍have the Goods promptly, and in any event within five (5) Working Days, either repaired by the Contractor or replaced by the Contractor with Goods which conform in all respects with the approved sample or with the Specification and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; or treat the Contract as discharged in whole or in part by the Contractor’s breach and obtain a refund (if payment for the Goods has already been made) from the Contractor in respect of the Goods concerned, together with payment of any additional expenditure reasonably incurred by the Authority in obtaining other goods in replacement provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement goods. ‫‍For the avoidance of doubt, the Authority will be deemed to have accepted the Goods if it expressly states the same in writing or fails to reject the Goods in accordance with this clause B7.2. ‫‍The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) 24 Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority as described in clause B7.2 shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper mannermanner and in accordance with the Authority’s instructions and any statutory requirements and any requirements of the carriers. In particular the Goods shall be accompanied by an advice note with the contract number (or other reference number if appropriate) and the net weights, the name of the contents shall be clearly marked on each container and all containers of hazardous Goods (and all documents relating thereto) shall bear prominent and adequate warnings. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered delivered. Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the ‫‍the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule Dthe Prisons Schedule, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approvalApproval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. Any access to, or occupation of, the Premises which the Authority may grant the Contractor from time to time shall be on a non-exclusive licence basis free of charge. The Contractor shall use the Premises solely for the purpose of performing its obligations under the Contract and shall limit access to the Premises to such of the Contractor’s Personnel as is necessary for that purpose. The Contractor shall co-operate (and ensure that its Personnel co-operate) with such other persons working concurrently on the Premises as the Authority may reasonably request. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept ‫‍accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If ‫‍If the Authority rejects the Installation Works in accordance with clause C20.2.2B11.3.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five ([5) ] Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery). Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and the Authority retains the right to reject the Goods. The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge Any Goods rejected or returned by the Authority shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule . PRISONS SCHEDULE D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery)Authority. Inspection, Rejection and Guarantee The Authority or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make complaint at the time of such inspection or test and no approval given during or after such inspection or test shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and and, in particular, the Authority retains the right to reject the Goods in accordance with clause B7.2 below. The Authority may by written notice to the Contractor reject any of the Goods which fail to conform to the approved sample or fail to meet the Specification. Such notice shall be given within a reasonable time after delivery to the Authority of such Goods. The If the Authority rejects any of the Goods pursuant to this clause the Authority may (without prejudice to other rights and remedies) either: ‫have the Goods promptly, and in any event within five (5) Working Days, either repaired by the Contractor or replaced by the Contractor with Goods which conform in all respects with the approved sample or with the Specification and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; or treat the Contract as discharged in whole or in part by the Contractor’s breach and obtain a refund (if payment for the Goods has already been made) from the Contractor in respect of the Goods concerned, together with payment of any additional expenditure reasonably incurred by the Authority in obtaining other goods in replacement provided that the Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement goods. ‫For the avoidance of doubt, the Authority will be deemed to have accepted the Goods if it expressly states the same in writing or fails to reject the Goods in accordance with this clause B7.2. ‫The issue by the Authority of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s acceptance of them. The Contractor hereby guarantees the Goods for a period of twenty-four (24) 12 Months or such other period as may be agreed between the Parties from the date of delivery against faulty materials or workmanship. If the Authority shall within that period or within twenty-five (25) Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority may have) promptly remedy such defects (whether by repair or replacement as the Authority shall elect) free of charge charge. See the contracts specification for the additional statement of warranty. Any Goods rejected or returned by the Authority as described in clause B7.2 shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper mannermanner and in accordance with the Authority’s instructions and any statutory requirements and any requirements of the carriers. In particular the Goods shall be accompanied by an advice note with the contract number (or other reference number if appropriate) and the net weights, the name of the contents shall be clearly marked on each container and all containers of hazardous Goods (and all documents relating thereto) shall bear prominent and adequate warnings. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered delivered. Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule Dthe Prisons Schedule, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approvalApproval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance with the Contract and substitute proper and suitable materials at the Contractor’s expense as soon as reasonably practicable. Any access to, or occupation of, the Premises which the Authority may grant the Contractor from time to time shall be on a non-exclusive licence basis free of charge. The Contractor shall use the Premises solely for the purpose of performing its obligations under the Contract and shall limit access to the Premises to such of the Contractor’s Personnel as is necessary for that purpose. The Contractor shall co-operate (and ensure that its Personnel co-operate) with such other persons working concurrently on the Premises as the Authority may reasonably request. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such notice, the Authority shall inspect the Installation Works and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specification. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2B11.3.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five ([5) ] Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.

Non Delivery. On dispatch of any consignment of the Goods the Contractor shall send the Client an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. Where the Goods, having been placed in transit, fail to be delivered to the Authority Client on the due date for delivery, the Authority Client shall, (provided that the Authority Client has been advised in writing of the dispatch of the Goods), within ten (10) 10 Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority Client or terminate the Contract in accordance with clause C13.4 Clause J3.4 (Delivery). Inspection, Rejection and Guarantee The Authority Client or its authorised representatives may inspect or test the Goods either complete or in the process of manufacture during normal business hours on reasonable notice at the Contractor’s premises Premises and the Contractor shall provide all reasonable assistance in relation to any such inspection or test free of charge, including further testing and inspection if reasonably required by the Authority. No failure to make a complaint at the time of any such inspection or test and no approval Approval given during or after such inspection or test shall constitute a waiver by the Authority Client of any rights or remedies in respect of the Goods and the Authority retains Client reserves the right to reject the Goods in accordance with Clause J6.2. The Client may by written notice to the Contractor reject any of the Goods which fail to conform to the approved sample or fail to meet the Specification. Such notice shall be given within a reasonable time after delivery to the Client of such Goods. If the Client rejects any of the Goods pursuant to this Clause the Client may (without prejudice to other rights and remedies) either: have such Goods promptly, and in any event within 5 Working Days, either repaired by the Contractor or replaced by the Contractor with Goods which conform in all respects with the approved sample or with the Specification and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; or treat the Contract as discharged by the Contractor’s breach and obtain a refund from the Contractor in respect of the Goods concerned together with payment of any additional expenditure reasonably incurred by the Client in obtaining other Goods in replacement provided that the Client uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Goods. For the avoidance of doubt, the Client will be deemed to have accepted the Goods if it expressly states the same in writing or fails to reject the Goods in accordance with this Clause J6.2. The issue by the Authority Client of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Authority’s Client's acceptance of them. The Contractor hereby guarantees the Goods for a the period of twenty-four (24) Months or such other period as may be agreed between the Parties from the date of delivery to the date 18 Months thereafter against faulty materials or workmanship. If the Authority Client shall within that such guarantee period or within twenty-five (25) 25 Working Days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Authority Client may have) promptly remedy such defects (whether by repair or replacement as the Authority Client shall elect) free of charge charge. Any Goods rejected or returned by the Authority Client as described in Clause J6.2 shall be returned to the Contractor at the Contractor’s risk and expense. Labelling and Packaging On dispatch of any consignment of the Goods the Contractor shall send the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Goods shall be packed and marked in a proper manner. The Goods shall be accompanied by a delivery note showing the order number, date of order, number of packages manner and contents and, in the case of part delivery, the outstanding balance remaining to be delivered Training Where indicated in the Specification, the Contract Price shall include the cost of instruction of the Authority’s personnel in the use and maintenance of the Goods and such instruction shall be in accordance with the Client’s instructions and any statutory requirements detailed in the Specification. Contract Performance The Contractor shall ensure that: ‫the Goods conform in all respects with the Specification and, where applicable, with and any sample or performance demonstration approved by the Authority; the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; carriers. In particular the Goods conform in all respects with all applicable Laws; and the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority. Manner of Carrying out the Installation Work Subject to Schedule D, the Contractor shall not deliver any materials or plant nor commence any work on the Premises without obtaining prior approval. Notwithstanding the foregoing, the Contractor shall, at the Authority’s written request, remove from the Premises any materials brought into the Premises by the Contractor, which in the reasonable opinion of the Authority are either hazardous, noxious or not in accordance be marked with the Contract number (or other reference number if appropriate) and substitute proper the net, gross and suitable materials at the Contractor’s expense as soon as reasonably practicable. When the Contractor reasonably believes it has completed the Installation Works it shall notify the Authority in writing. Following receipt of such noticetare weights, the Authority name of the contents shall inspect the Installation Works be clearly marked on each container and shall, by giving written notice to the Contractor: ‫accept the Installation Works, or reject the Installation Works all containers of hazardous Goods (and provide reasons to the Contractor if, in the Authority’s reasonable opinion, the Installation Works do not meet the requirements set out in the Specificationall documents relating thereto) shall bear prominent and adequate warnings. ‫If the Authority rejects the Installation Works in accordance with clause C20.2.2, the Contractor shall immediately rectify or remedy any defects and if, in the Authority’s reasonable opinion, the Installation Works do not, within five (5) Working Days, meet the requirements set out in the Specification, the Authority may terminate the Contract with immediate effect by notice in writing.J8 Training