Common use of Contractor Response Clause in Contracts

Contractor Response. Within three (3) working days after notification, the Contractor’s Representative shall either agree that the defect is in fact covered by warranty, or reserve judgment until the Unit is inspected by the Contractor’s Representative or is removed from the Locomotive and examined at Authority’s property or at the Contractor’s plant. At that time (or such longer period as necessary), the Contractor will provide Authority with its initial analysis of the Defect, and the Parties will attempt to resolve the status of warranty coverage on the Unit. If Contractor’s examination of the Locomotive, part or component discloses that no Defect exists, the Authority will pay for any analysis performed by Contractor. Notwithstanding any time necessary for the Contractor to analyze and resolve warranty status, if the Contractor has not commenced repair or replacement in good faith, within three (3) working days after the Contractor’s notification, Authority reserves the right to perform the required repairs without further notice to the Contractor and to be reimbursed for all associated costs.

Appears in 1 contract

Sources: Agreement for Purchase of New Tier 4 Locomotives

Contractor Response. (1) Within three (3) working days after notification, the Contractor’s Representative shall either agree that the defect is in fact covered by warranty, or reserve judgment until the Unit is inspected by the Contractor’s Representative or is removed from the Locomotive Rail Car and examined at the Authority’s property or at the Contractor’s plant. At that time (or such longer period as necessary), the Contractor will provide the Authority with its initial analysis of the Defect, and the Parties will attempt to resolve the status of warranty coverage on the Unit. If Contractor’s examination of the LocomotiveRail Car, part or component discloses that no Defect exists, the Authority will pay for any analysis performed by Contractor. . (2) Notwithstanding any time necessary for the Contractor to analyze and resolve warranty status, if the Contractor has not commenced repair or replacement in good faith, within three (3) working days after the Contractor’s notification, the Authority reserves the right to perform the required repairs without further notice to the Contractor and to be reimbursed for all associated costs.

Appears in 1 contract

Sources: Firm Fixed Price Contract