Nonmaterial Nonconformities Clause Samples
The Nonmaterial Nonconformities clause defines how minor deviations from contract requirements, which do not significantly affect the value or functionality of goods or services, are handled. Typically, this clause allows the party receiving the goods or services to accept items with small defects or variations, provided these do not impair the overall purpose of the contract. Its core function is to prevent minor issues from escalating into grounds for contract termination or major disputes, thereby promoting efficiency and practicality in contract performance.
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Nonmaterial Nonconformities. 30.1 Provided that a Bid is substantially responsive, the Employer may waive in its sole discretion any non-conformities in the Bid that do not constitute a material deviation, reservation or omission.
Nonmaterial Nonconformities. 33.1 Provided that a Bid is substantially responsive, the Employer may waive any nonconformities in the Bid that do not constitute a material deviation, reservation, or omission.
33.2 Provided that a Bid is substantially responsive, the Employer may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the Bid related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of the Price Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.
33.3 Provided that a Bid is substantially responsive, the Employer shall rectify quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or nonconforming item or component. The adjustment shall be made using the method indicated in Section 3 (Evaluation and Qualification Criteria).
Nonmaterial Nonconformities. 30.1 Provided that a tender is substantially responsive, the Employer may waive any non-conformity in the tender that does not constitute a material deviation, reservation or omission.
30.2 Provided that a tender is substantially responsive, the Employer may request that the Tenderer to submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the tender related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of 30.3 the price of the bid. Failure of the Tenderer to comply with the request may result in the rejection of its bid. Provided that a tender is substantially responsive, the Employer shall rectify nonmaterial nonconformities related to the Tender Price. To this effect, the Tender Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component. The adjustment shall be made using the method indicated in Section III, Evaluation and Qualification Criteria.