Common use of Non-Conforming Services Clause in Contracts

Non-Conforming Services. ‌ (a) CWW’s Representative or its nominee may at any time inspect the CWW Assets. The cost of the inspections referred to in this clause 4.7(a) will be borne by CWW unless the inspection reveals that the Services were not performed or were not performed in accordance with this Contract, in which case the direct costs reasonably and necessary incurred by CWW in carrying out the relevant inspection will be a debt due and immediately payable by the Customer to CWW. (b) If CWW’s Representative is of the reasonably opinion that any Services have not been performed or not been performed by the Customer in accordance with this Contract, CWW’s Representative may direct the Customer, at the Customer’s expense and within the reasonable time directed by CWW’s Representative, to re-perform the non-conforming works and services. (c) After giving the Customer 14 days’ prior written notice, CWW may, either itself or by a third party, perform any obligation which the Customer was obliged to perform under this Contract but which it failed to perform (including complying with a direction of CWW’s Representative). The cost incurred by CWW in performing such an obligation will be a debt due and immediately payable from the Customer to CWW.