Common use of Sampling, Inspection and Testing Clause in Contracts

Sampling, Inspection and Testing. 3.2.1 The Contractor shall, at his own expense and without delay, supply to the Corporation samples of materials to be used on the work and shall get these approved in advance. All such materials to be provided by the Contractor shall be in conformity with the specifications, if any, laid down or referred to in the Contract. The Contractor shall, if requested by the Corporation furnish proof, to the satisfaction of the Corporation that the materials so comply. 3.2.2 The Corporation through its representative shall, within 7 days of supply of samples or within such further period as he may require, intimate to the Contractor in writing whether samples are approved by him or not. If samples are not approved, the Contractor shall forthwith arrange to supply to the Corporation for his approval, fresh samples complying with the specifications laid down in the Contract. When materials are required to be tested in accordance with specifications, approval of the Corporation shall be issued after the test results are received. 3.2.3 The Contractor shall at his risk & cost submit the samples of materials to be tested or analyzed and shall not make use of or incorporate in the work any materials represented by the samples until the required tests or analysis have been made and materials finally accepted by the Corporation. The Contractor shall not be eligible for any claim or compensation either arising out of any delay in the work or due to any corrective measures required to be taken on account of and as a result of testing of materials. 3.2.4 The Contractor shall, at his risk & cost, make all arrangements and shall provide all facilities as the Corporation may require for collecting, and preparing the required number of samples for such tests at such time and to such place or places as may be directed by the Corporation and bear all charges and cost of testing unless specifically provided for otherwise elsewhere in the contract or specifications. The Corporation shall, at all times, have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility and every assistance in obtaining the right to such access. 3.2.5 The Corporation shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default, the Corporation shall be at liberty to employ at the expense of the Contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Corporation shall also have full powers to require other proper materials to be substituted thereof and in case of default, the Corporation may cause the same to be supplied and all costs which may attend such removal and substitution shall be borne by the Contractor. 3.2.6 The contractor may at his own expense, provide a material testing lab. at the site for conducting routine field tests. The lab should be equipped at least with the testing equipment, as specified in Appendix 7. 3.2.7 Any inspection by the Corporation, test or examination, or any failure by the Corporation to carry out any inspection, test or examination, shall not relieve the Contractor of any of its obligations under the Contract.