Specifications

06. WARRANTY
Seller warrants that the Goods supplied are merchantable, of highest quality, comply with specifications,
drawings and data submitted to or by Buyer in connection with this Contract, are free from defects, whether
patent or latent, in design, material and workmanship and are suitable for the particular use for which the
items are purchased and are free and clear of all liens and encumbrances. Seller further warrants that it has
secured Buyer’s right to own, sell or use Goods delivered under this Contract. Such warranty, together with
service warranties, guarantees and other express or implied warranties, shall run in favor of the Buyer and
shall survive any inspection, delivery or payment of and for the Goods. Seller will be responsible for all
damages and costs incurred by Buyer arising out of or in connection with any breach of warranty. For
purposes of this Contract, Goods shall include any documentation, such as quality control or test records,
certificates of compliance that may be specified in connection with the Contract or are customarily furnished in
the trade.
07. REMOVAL OF DEFECTIVE MATERIAL
Seller will promptly remove, and replace at the Buyer’s sole discretion, any material that the Buyer designates
as nonconforming or defective.
08. BUYER SUPPLIED PROPERTY
Buyer shall retain title to any drawings, sketches, designs, patterns, dies, molds, copying equipment and
materials of every description paid for or supplied by Buyer for use in the performance of this Contract. Seller
shall hold and maintain any such items at its risk and expense, shall keep such items insured at its expense
while in its custody or control in an amount equal to the replacement cost thereof with loss payable to the
Buyer and shall not use such items except in performance of this Contract. All such items shall be delivered to
the Buyer upon demand in the same condition as when received, except for reasonable wear and tear and
except to the extent such items have been incorporated into Goods delivered to Buyer or consumed in the
normal performance of this Contract.
09. DRAWINGS, DATA AND MANUALS
Seller will supply proper operating, training, maintenance, installation drawings, technical data and any other
documentation that is required by the contract documents.
Seller shall submit any drawings, technical data or other such documents required for performance of this
Contract for review by Buyer. Seller shall comply with all comments of the Buyer regarding such documents,
but the Buyer’s review shall not relieve Seller of its responsibility for correctness of engineering, design,
workmanship, material and all other aspects of the Goods or from any other liability hereunder. Omissions
from design drawings and technical data (data) which are manifestly necessary to carry out the Work shall not
relieve the Seller from performing such omitted details or Work, but they shall be performed as if fully and
correctly set forth and described in the data. All documents including but not limited to studies, calculations,
assumptions, data, findings, results and reports and other information resulting from the performance of Seller
hereunder shall become property of the Buyer. Seller shall, unless otherwise directed, deliver to the Buyer all
such documents and information and Buyer shall have the right to use them for any purpose whatsoever.
10. DELAYS
Time is of the essence in Seller’s performance of this Contract. If Seller does not deliver material timely in
accordance with the requirements of this Supply and Purchase Contract, Seller understands Buyer’s work may
be disrupted and delayed, and Seller may be required to pay Buyer any reasonable damages sustained as a
result, unless the Contract provides for Liquidated Damages, at which point the Liquidated Damages would be
applicable.