Bid Package 08 North Well Field - Garney Construction

C. Final Inspection:
1. After all of the Goods have been incorporated into the Project, tested in accordan ce with
such testing requirements as are sp ecified, and are functioning as indicated, Buyer or
Engineer will make a final inspection.
2. If, on the basis of the final inspection, the Goods are conforming, Buyer’s notice thereof
will constitute Buyer’s acceptance of the Goods.
3. If, on the basis of the final inspection, the Goods are non-conforming, Buyer will identify
the non-conformity in writing.
8.02 Non-Conforming Goods and Special Services
A. If, on the basis of inspections and testing prior to delivery, the Goods and Special Services are
found to be non-conforming, or if at any time after Buyer has acknowledged receipt of delivery
and before the expiration of the correction period described in Paragraph 8.03, Buyer determines
that the Goods and Special Services are non-conforming, then Seller shall promptly, without cost
to Buyer and in response to written instructions from Buyer, either correct such non-conforming
Goods and Special Services, or, if Goods are rejected by Buyer, remove and replace the nonconforming
Goods with conforming Goods, including all work required for reinstallation.
B. Buyer’s Rejection of Non-Conforming Goods:
1. If Buyer elects to reje ct the Goods in whole or in pa rt, Buyer’s notice to Seller will
describe in sufficient detail the non-confor ming aspect of the Goods. If Goods have been
delivered to Buyer, Seller shall pro mptly, and within the Contract Tim es, remove and
replace the rejected Goods.
2. Seller shall bear all costs, losses and damages attributable to the removal and replacement
of the non-conforming Goods as provided in Paragraph 8.02.E.
3. Upon rejection of the Goods, Buye r retains a security interest in the Goods to the extent
of any payments made and expenses incurred in their testing and inspection.
C. Remedying Non-Conforming Goods and Special Services:
1. If Buyer elects to permit the Seller to modify the Goods to correct the non-comfor mance,
then Seller shall prom ptly provide a schedul e for such m odifications and shall make the
Goods conforming within a reasonable time.
2. If Buyer notifies Seller in writing that any of the Special Services are non-conforming,
Seller shall promptly provide conforming services acceptable to Buyer. If Seller fails to
do so, Buyer m ay delete the Special Serv ices and reduce the Contract Price a
commensurate amount.
EJCDC P-700, Standard General Conditions for Procurement Contracts.
Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,
American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.
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