Common use of Unsatisfactory Work Clause in Contracts

Unsatisfactory Work. If any work done, or materials, goods, or equipment provided, by the Contractor is unsatisfactory to ACPS, the Contractor shall, on being notified by ACPS in writing, immediately remove, at the Contractor’s expense, such unsatisfactory work, material, goods or equipment and replace the same with work, material, goods, or equipment satisfactory to ACPS. In the event the Contractor fails to, within fifteen (15) calendar days after the receipt of written notice, correct improper or unsuitable work, material, goods or equipment, ACPS shall have the right, but not the obligation, to remove or replace the rejected work, material, goods, or equipment at the expense of the Contractor. This paragraph applies during the Agreement Period and during any warranty period. At its discretion, ACPS shall be entitled to offset such expense against any sums owed by ACPS to the Contractor under this Agreement. If ACPS deems expedient not to require correction or replacement of the work which has not been done in accordance with the Agreement, an appropriate adjustment to price for the specific work performed, but not acceptable to ACPS may be made therefor.