Common use of Damage and Defects Clause in Contracts

Damage and Defects. Any damage and/or defects such as but not limited to honeycombing, disintegration, spalls, cracking, stratification, segregation, cold joints, etc shall be repaired by the Supplier prior to shipping any units from the Supplier’s yard, as well as for each concrete placement related to the inlet control element. Final determination of damage and/or defects and their extent shall be solely by the Department. Prior to commencing any repairs, a repair method for each type of damage and/or defect shall be developed by the Supplier and submitted to the Department for review and acceptance. The Supplier shall also submit the material data sheet of proposed repair material(s). Repair methods shall address perimeter cutout depth (minimum 6mm deep vertical cut, NO feather edges) and extent, surface preparation (minimum 5mm roughness amplitude), material removals, repair materials, surface moisture preparation, method of placement, and curing method complete with duration. Cracks wider than 0.4mm shall be epoxy injection filled. All costs associated with damage and/or defect repair shall be at no additional charge to the Contract, and will be charged back to the Supplier. This item shall be lump sum cost for concrete structure designed, fabricated, supplied, off-loaded, and installed at the bridge site; as well as for precast concrete related to the inlet control element and cut- off wall. Payment shall only be approved for amounts related to units with a correct identification label, delivered, unloaded, and installed FREE of damage, to the bridge site. Final determination of damage and its extent shall be solely by the Department. Units shipped and/or installed to the bridge site with an identification label not matching casting records will not be paid for, with the transport truck directed to leave the bridge site with unit on board. Any damage to any unit incurred during loading, handling, transport, unloading, and up to its final asstored position within the bridge site shall be repaired with all associated costs incurred by the Contractor. Repair criteria shall be as per this cost item’s DAMAGE AND DEFECTS section.

Damage and Defects. Any damage and/or defects such as but not limited to honeycombing, disintegration, spalls, cracking, stratification, segregation, cold joints, etc shall be repaired by the Supplier prior to shipping any units from the Supplier’s yard, as well as for each concrete placement related to the inlet control element. Final determination of damage and/or defects and their extent shall be solely by the Department. Prior to commencing any repairs, a repair method for each type of damage and/or defect shall be developed by the Supplier and submitted to the Department for review and acceptance. The Supplier shall also submit the material data sheet of proposed repair material(s). Repair methods shall address perimeter cutout depth (minimum 6mm deep vertical cut, NO feather edges) and extent, surface preparation (minimum 5mm roughness amplitude), material removals, repair materials, surface moisture preparation, method of placement, and curing method complete with duration. Cracks wider than 0.4mm shall be epoxy injection filled. All costs associated with damage and/or defect repair shall be at no additional charge to the Contract, and will be charged back to the Supplier. This item shall be lump sum cost for concrete structure designed, fabricated, supplied, off-loaded, and installed at the bridge site; as well as for precast concrete related to the inlet control element and cut- cut-off wall. Payment shall only be approved for amounts related to units with a correct identification label, delivered, unloaded, and installed FREE of damage, to the bridge site. Final determination of damage and its extent shall be solely by the Department. Units shipped and/or installed to the bridge site with an identification label not matching casting records will not be paid for, with the transport truck directed to leave the bridge site with unit on board. Any damage to any unit incurred during loading, handling, transport, unloading, and up to its final asstored position within the bridge site shall be repaired with all associated costs incurred by the Contractor. Repair criteria shall be as per this cost item’s DAMAGE AND DEFECTS section.