FOREIGN MATERIALS Clause Samples

The FOREIGN MATERIALS clause defines the rules and responsibilities regarding the presence of non-conforming or extraneous substances in goods or materials supplied under a contract. It typically sets acceptable limits for foreign materials, outlines inspection procedures, and specifies remedies or rejection rights if such materials are detected. This clause ensures product quality and safety by preventing contamination, thereby protecting both parties from disputes over defective or unsafe goods.
FOREIGN MATERIALS. 24.1 Preference shall be given to articles or materials manufactured or produced in the United States, conditions of quality and price with duty being equal. 24.2 Only domestic articles or materials will be used unless a statement is submitted with the proposal that enumerates the foreign articles of materials proposed to be used and such proposal is accepted by the University. The foregoing provisions shall not apply to foreign articles or materials required by the Contract Documents.
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FOREIGN MATERIALS. 36.1 North American Free Trade Agreement (NAFTA): Preference shall be given to articles or materials manufactured or produced in the United States, Canada, and Mexico, (the members of the North American Free Trade Agreement (NAFTA); and the products shall meet all of the referenced standards and Specifications for conditions of performance, quality, and price with duty being equal. 36.2 Only articles or materials manufactured or produced in the United States, Canada, and Mexico, (the members of the North American Free Trade Agreement (NAFTA)), will be allowed. The foregoing provisions shall not apply to foreign articles or materials required by the Contract Documents.
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FOREIGN MATERIALS. THE FOLLOWING IS ADDED AFTER THE FIRST PARAGRAPH: For steel and iron products incorporated into the Project, provide a certification from the manufacturer stating the country where the steel or iron product was melted and manufactured including application of coatings which protect or enhance the value of the material. Ensure that 4 copies of the manufacturer’s certification are provided with each delivery of steel and iron products. Retain 1 copy and submit 3 copies to the RE. Ensure that the certification includes, materials description, quantity of material represented by the certification, country of manufacture, and notarized signature of a person having legal authority to bind the supplier. If a Certification of Compliance as specified in 106.07 contains a statement regarding the country of manufacture, a separate certification is not necessary.
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FOREIGN MATERIALS. The following is added before the first paragraph:
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FOREIGN MATERIALS. THE SUBSECTION HEADING IS CHANGED TO:
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FOREIGN MATERIALS. Pursuant to FTA Buy America requirements, all iron, steel and manufactured products used on the Project must be produced in this United States. This provision applies only to materials not subject to Buy America. The Buy America requirements are contained in Exhibit A of this Agreement. Materials which are manufactured, produced, or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in the Specifications or these General Provisions, where they shall be retained for a sufficient period of time to permit inspection, sampling, and testing. See Section 8-1.07, "Liquidated Damages." Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States, and it shall be Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site. Contractor, at no cost to MST, shall supply the facilities and arrange for any testing required in California which MST is not equipped to perform. All testing by Contractor shall be subject to witnessing by the Engineer. The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance." In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in the specifications or otherwise requested by the Engineer. If the welding of steel for structural steel members or the casting and prestressing of precast prestressed concrete members is to be performed outside of the United States, the following requirements shall apply: 1. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment, and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both. 2. Contractor shall make written application to the Engineer for approval for the foreign fabrication at the ea...
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FOREIGN MATERIALS. 36.1 Preference shall be given to articles or materials manufactured or produced in the United States, Canada, and Mexico, (the members of the North American Free Trade Agreement (NAFTA)); and the products shall meet all of the referenced standards and Specifications for conditions of performance, quality, and price with duty being equal. 36.2 Only articles or materials manufactured or produced in the United States, Canada, and Mexico, (the members of the North American Free Trade Agreement (NAFTA)), will be allowed. The foregoing provisions shall not apply to foreign articles or materials required by the Contract Documents. 36.3 Buy American Act (BAA): Any “public building” or “public work” project funded by the American Recovery and Reinvestment Act of 2009 (“ARRA”) requires that “all of the iron, steel, and manufactured goods used in the project” must be “produced in the United States” in accordance with the requirements of the Buy American Act (BAA).
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FOREIGN MATERIALS. Unless otherwise specified in the Contract, the Contractor shall deliver Materials manufactured outside the United States to approved locations within the State, where they shall remain until sampling and testing are complete. The Contractor shall arrange for testing that the T/LPA is not able to perform, at no additional cost to the T/LPA, and shall test foreign Materials within the State in the presence of the T/LPA. The Contractor shall provide a Certificate of Compliance for each lot of foreign Material in accordance with Section 106.4, “Certificates of Compliance;” and, if required, provide with the Certificate of Compliance, certified MTRs for each lot, and clearly identify to which lot they apply. For structural Material, the T/LPA will only Accept Material from foreign and domestic manufacturers that have established adequate in-plant Quality Control to the satisfaction of the Project Manager. The T/LPA will not Accept structural Materials that do not have Certificates of Compliance and MTRs. The Project Manager may inspect the plant or require the Contractor to submit detailed written proof of adequate Quality Control.
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Related to FOREIGN MATERIALS

  • Technical Information The Employer agrees to provide to the Union such information that is available relating to employees in the bargaining unit, as may be required by the Union for collective bargaining purposes.

  • Customer Materials Subject to Section 4(a), all right, title and interest (including all Intellectual Property Rights) in and to the Customer Materials are owned by Customer or Customer’s suppliers.

  • Proprietary Materials Each of the Parties shall own its own intellectual property including without limitation all trade secrets, know-how, proprietary data, documents, and written materials in any format. Any materials created exclusively by IPS for the School shall be owned by IPS, and any materials created exclusively by Operator for the School shall be Operator’s proprietary material. The Parties acknowledge and agree that neither has any intellectual property interest or claims in the other Party’s proprietary materials. Notwithstanding the foregoing, materials and work product jointly created by the Parties shall be jointly owned by the Parties and may be used by the individual Party as may be agreed upon by both Parties from time to time.

  • Third Party Materials The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third- party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

  • Operator Materials Operator retains all right, title and interest in and to any and all of Operator’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (“Operator Materials”). Operator grants to the LEA a personal, nonexclusive license to use the Operator Materials for its own non-commercial, incidental use as set forth in the Service Agreement. Operator represents that it has all intellectual property rights necessary to enter into and perform its obligations in this DPA and the Service Agreement, warrants to the District that the District will have use of any intellectual property contemplated by the Service Agreement free and clear of claims of any nature by any third Party including, without limitation, copyright or patent infringement claims, and agrees to indemnify the District for any related claims.