Errors, Omissions And Discrepancies Clause Samples

Errors, Omissions And Discrepancies a) In case of errors, omissions and/or disagreement between written and scaled dimensions in the drawing or between the drawings and specifications etc. the following order of preference shall apply : i) Between actual scaled and written dimensions or description or description on a drawing the latter shall be adopted. ii) Between the written or shown description or dimensions in the drawing the corresponding one in the specifications, the latter, shall apply. iii) Between the quantities shown in the schedule of quantities and those arrived at from the drawing the latter shall be preferred. b) In all cases of omissions and/or doubts or discrepancies in the dimension or description of any item or specifications a reference shall be made to the Engineer, whose elucidation, elaboration or decision shall be considered as authentic. The contractor shall be held responsible for any errors that may occur in the work through lack of such reference and precautions. c) The contractor should not sublet any part of work without written permission of the Engineer-in-charge.
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Errors, Omissions And Discrepancies. In case of errors, omissions and/ or disagreement between written and scaled dimensions on the drawings or between the drawings and specifications etc., the following order shall apply. i) Between scaled and written dimension (or description) on a drawing, the latter shall be adopted. ii) Between the written or shown description or dimensions in the drawings and the corresponding one in the specification the former shall be taken as correct. iii) Between written description of the item in the specifications and descriptions in bills of quantities of the same item, the former shall be adopted: iv) In case of difference between rates written in figures and words, the rate in words shall prevail. v) Between the duplicate / subsequent copies of the tender, the original tender shall be taken as correct.
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Errors, Omissions And Discrepancies. ‌ 1.44.1 The several documents forming the contract are essential parts of the contract and a requirement occurring in one is as binding as through occurring in all they are intended to be mutually explanatory and complementary and to describe and provide for a complete work. In the event of any discrepancy in the several documents forming the contract or in any one document, the following order of precedence should apply. I. Between the written description of the item in the Appendix-A or written dimensions on the drawing and the corresponding one in the specifications, the later shall apply. II. Figured dimensions shall supersede scaled dimensions. The drawing on a large scale shall take precedence over those on smaller scale. III. Drawing issued as construction drawings from time to time shall supersede the corresponding drawings previously issued. In the case of defective description or ambiguity, the Employers representative is entitled to issue further instructions directing in what manner the work is to be carried out. The contractor shall point out any apparent error or omission in the tender documents while submitting the tender and particularly while signing the contract. The contractor cannot take any advantage of any apparent error or omission in the tender document and if the contractor fails to bring out the apparent error or omission to the notice of the Employer in writing, he shall have no right to claim which may arise due to such error or omission subsequently and the decision of the Employer in this regard shall be final and binding to the contractor. 1.44.2 Typographical error leading to absurdity shall be ignored and correct technical, financial and legal meaning of such errors shall be considered. 1.44.3 Any variation in the price quoted by the contractor for the similar item mentioned in the BoQ, the lowest quote shall be considered for the final payment purpose.
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Errors, Omissions And Discrepancies a) In case of errors, omissions and/or disagreement between written and scaled dimensions in the drawing or between the drawings and specifications etc. the following order of preference shall apply :
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Errors, Omissions And Discrepancies a) In case of errors and /or discrepancies between written and scaled dimension on the drawing or between drawings and specifications etc, the following order of preference shall apply:- i. Between actual scaled and written dimension or description on a drawing Client decision will be final. ii. Between the written description and dimension in the drawings and corresponding in the specifications the Client decision will be final. b) In case of discrepancy between lump sum amount quoted in figures and in words, the lower of the two shall be considered for acceptance of tender & calculation of amounts. c) In all cases of Omission and /or doubts of discrepancies in the dimensions or description of the item or specifications, a reference shall be made to Client, whose elucidation, elaboration or decision shall be considered as final. The GC shall be held responsible for any errors that may occur in the work through lack of such reference and precaution. d) The special provision in detailed scope of work and shall gain precedence over corresponding contradictory provision (if any) in the detailed item specifications & standard specifications. e) During execution of the work, although all the drawings are enclosed herewith, some require drawings for proper investigation may be issued later and will form a part of the drawings and the contract. if Anything mentioned in any of the following e.g. specifications, technical specification, Drawings, Additional specifications, etc. but not mentioned / shown in the drawing, will be a part of the contract ( no extra claims will be entertained for executing the same )
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Related to Errors, Omissions And Discrepancies

  • Warranty and Disclaimer Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  • Warranty and Disclaimers AMGAS warrants to Customer that during the Warranty Period (as defined below), the Equipment will be free from material defects in parts and workmanship (the "Warranty"). The Warranty is subject to the proper use, operation, and maintenance of the Equipment in accordance with the Operating Manual. The Warranty shall not apply to material defects caused or as a result of: accident, misuse, misapplication, abuse, storage, damage, negligence, or modification of or to the Equipment or any of its components; tampering, modification, adjustment or repair of the Equipment by any person other than AMGAS or as described in the Operations Manual; installation of any accessories onto, or replacement of any parts forming part of, the Equipment; or acts or events beyond AMGAS’ reasonable control, including acts of God, civil or military authority, civil disturbance, or power line/transmission line voltage. A claim under the Warranty must be made by Customer in writing to AMGAS within thirty (30) days of the manifestation of a material defect with the Equipment giving rise to such Warranty claim. AMGAS’ sole obligation under the Warranty is, at AMGAS’ option, to repair, replace or correct any such material defect that was present at the time of delivery, or to remove, or have removed, the Equipment and to refund the Purchase Price to Customer. The "Warranty Period" begins on the date the Equipment is delivered to Customer and continues for twelve (12) months. Any repairs under this Warranty must be conducted by an authorized AMGAS service representative. AMGAS does not authorize any person or party to assume or create for it, or extend, enlarge, or transfer, any other obligation or liability in connection with the Equipment except as set forth herein. THE INDEMNITY AND WARRANTY IN THIS SECTION 10 ARE THE EXCLUSIVE WARRANTIES PROVIDED IN RESPECT OF THE EQUIPMENT AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AMGAS HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND WHETHER ARISING BY STATUTE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY WITH RESPECT TO THE FUNCTION, DURABILITY, COMPATIBILITY, OR OPERATION OR USE OF THE EQUIPMENT, AND ANY WARRANTY THAT THE EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS.

  • Responsibilities of the Parties; Indemnification; Warranties and Disclaimers a. The Trust agrees that it shall be solely responsible for any decision made or action taken in reliance on the compliance testing results, reports, forms or other data or information included in the Money Market Services provided by the Administrator. b. The Parties acknowledge that the Administrator is required to rely upon data provided by the Trust or third parties (“Data”) in providing the Money Market Services. The Administrator does not own the Data, has not developed the Data, does not control the Data, and has not, and will not make any inquiry into the accuracy of any Data. Without limiting the foregoing, to the extent applicable, the Administrator will not be liable for any delays in the transmission of Forms N-MFP, Forms N-CR, reports, market-based NAVs, shareholder inflows/outflows, daily and weekly liquid assets, affiliate sponsor support flows, portfolio holdings or transmission of Data or inaccuracies of, errors in or omission of, Data in connection with the provision of the Money Market Services in each case provided by the Trust or any other third party. c. To the extent applicable, the Trust represents and warrants to the Administrator that it has the necessary licenses from each nationally recognized statistical ratings organization whose ratings are set forth in its Forms N-MFP as contemplated hereby. d. To the extent applicable, the Trust is solely responsible for determining and immediately notifying in writing the Administrator of the occurrence of one or more triggering events causing a filing on Form N-CR. The Trust is solely responsible for accurately and timely supplying the Administrator, or causing third parties to accurately and timely supply the Administrator, with all data, information and signatures in respect of each Trust that is required in order for the Administrator to file each Form N-CR, whether or not such information is specifically requested by the Administrator. The Administrator shall be without liability if the Administrator has not received by the submission deadline communicated by the Administrator to the Trust all of the Data, information and signatures it requires to submit such Form N-CR filing. e. To the extent applicable, the Trust acknowledges that it shall be the Trust’s responsibility to retain for the periods prescribed by Rule 2a-7 (i) the compliance testing results and reports produced by the Administrator; (ii) its Forms N-MFP and Forms N-CR produced by the Administrator; and (iii) information prepared by the Administrator for posting on the Trust’s website. f. The Trust acknowledges and agrees that the Money Market Services do not constitute advice or recommendations of any kind and the Administrator is not acting in a fiduciary capacity in providing the Money Market Services. g. The Trust understands that the nature of the Money Market Services provided under this Agreement are distinct from the services provided under any other agreement between State Street Bank and Trust Company and the Trust, including any custody, fund accounting or transfer agency services agreements and, consequently, the terms of this Agreement rather than such other agreements shall govern the delivery of the Money Market Services. For the avoidance of doubt, the standard of care and liability provisions of Section XII of this Agreement shall govern the provision of the Money Market Services.

  • SUSPENSION AND DISCIPLINE 21.01 Discipline may be imposed where just cause exists and will be levied in a timely fashion. Generally, discipline is intended to correct undesirable behaviour or conduct and, where appropriate, shall be progressive in nature. 21.02 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting, during which there shall be an opportunity for full discussion between the employee and the employee’s Manager. The notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have an Association representative attend as an advisor. The management representative also has the right to have a labour relations representative attend as an advisor. At the meeting the employee and the Association representative may make representations and ask questions concerning the events and circumstances. Unless otherwise agreed, the unavailability of an advisor will not delay the meeting for more than one (1) working day from the date of notification to the employee. 21.03 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable. 21.04 The employee and the Association representative shall be notified in writing of any disciplinary action except an oral warning, taken against the employee by the Company within a reasonable period of time of that action having been taken. 21.05 When an employee is required to attend a meeting, the purpose of which is to demote or terminate him/her for non-disciplinary reasons, he/she is entitled to have, at his/her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable. 21.06 When any discipline is found to be unjustified all documents referring to the discipline imposed shall be removed as soon as reasonably possible from the employee’s record and destroyed. 21.07 NAV CANADA agrees not to introduce as evidence in a hearing relating to disciplinary action any document or written statement concerning the conduct of an employee unless that employee has been provided with a copy of that document or statement within a reasonable period before that hearing. 21.08 Any document or written statement to disciplinary action, which may have been placed on the NAV CANADA file of an employee shall be removed and destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.09 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.10 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.11 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.

  • Complaints and Disputes 28.1. If the Client wishes to report a complaint, he must send an email to the Company with the completed “Complaints Form” found on the Website. The Company will try to resolve it without undue delay and according to the Company’s Complaints Procedure for Clients. 28.2. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice. 28.3. The Client’s right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above.