Common use of Or Equal Clause in Contracts

Or Equal. Whenever in any of the Contract documents, any Section, materials, or equipment is defined by describing a proprietary product or by using the name of a manufacturer or vendor, the term, "or equal" if not inserted, will be implied. The specific Section, material or equipment mentioned will be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and will not be construed in such a manner as to exclude manufacturer's products of comparable quality, design, and efficiency. Where a product is mentioned by the name of a manufacturer or vendor in the Contract, Delta-T will identify to Owner the names of any products to be used in lieu of the ones named in the documents prior to awarding a purchase order. Owner shall have the right to reject any substituted product upon ten (10) business days written notice to Delta-T, unless such product is critical to the successful completion of the Work, or is the only product available that is suitable for the purpose for which it is intended.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Services Fixed Price Contract (Nedak Ethanol, LLC), Engineering, Procurement and Construction Services Contract (Nedak Ethanol, LLC)