Specifications

11. EXCESS MATERIAL
Seller agrees to accept the return of any Goods that may become excess, as determined by Buyer, and
payment due from Buyer shall be equitably reduced.
12. SUBSTITUTIONS
No substitutions will be permitted without the express written consent of the Buyer. If Seller proposes any
substitution, Seller guarantees that the substitution is equal in quality, capacity, durability, appearance,
function, ease of maintenance, and ease of installation to the material originally specified.
13. INSPECTIONS AND TESTING
Buyer may inspect and test material at any time. Seller will facilitate Buyer’s inspection and testing which may
take place at the factory, in the warehouse, on the road, or in the field.
14. AUDITS
At any time during normal business hours and as often as the Borough or the Comptroller General of the
United States may deem necessary, there shall be made available for examination all of the Contractor’s
records with respect to all matters covered by this contract and the Seller will permit representatives of the
Borough or the Comptroller General to audit, examine, and make excerpts or transcripts from such records,
and to make audits of all contracts, invoices, materials, payrolls, records, personnel information, conditions of
employment, and other data relating to all matters covered by this contract.
15. COMPLIANCE WITH THE LAW
Seller shall fully comply with all federal, state and local laws, ordinances, statutes, rules, regulations, license
and permit conditions or requirements (hereinafter “Laws”), including, but not limited to, all Laws pertaining to
the environment, natural resources, employment, health and safety, and any other Laws affecting Seller’s
performance of this Contract. All fees and charges in connection with Seller’s compliance with applicable Laws
shall be borne by Seller. In the event of a violation by Seller of any Laws, or the failure of Seller to comply
with same, Seller shall pay all fines, penalties and other expenses, including attorney fees, imposed upon or
incurred by Seller or Buyer in connection therewith.
16. CHANGES
Buyer, by written order, may delete material to be supplied under this Supply and Purchase Contract, and the
Supply and Purchase Contract Price will be equitably reduced. Buyer may order an increase in material to be
supplied at the unit prices stated in the Supply and Purchase Contract. If no unit prices are stated, Seller will
promptly, at the request of the Buyer, quote prices, and Buyer will promptly accept or reject the quote.
17. TRANSPORTATION CHARGES
Except in cases where Goods were quoted F.O.B. Destination, and unless otherwise agreed to in writing,
transportation charges shall be prepaid and separately invoiced to Buyer. No insurance or premium
transportation costs will be allowed unless authorized by Buyer.
18. ASSIGNMENTS AND SUBCONTRACTORS
The Contractor may not assign any interest in the Contract to another person, nor delegate any duties to a
subcontractor or other person without the prior written approval of the Purchasing Officer. Any attempt by the
Contractor to assign any interest or delegate duties under the Supply and Purchase Contract shall give the
Buyer the right to immediately terminate this Contract.