(Sludge Collector & Thickener Complete) PURCHAING SUBCONTRACT AGREEMENT
Volume 1 of 4 Main Subcontract Documents
Volume 2 of 4 Part 2A Particular Specifications
Volume 2 of 4 Part 2B Standard Specifications
Volume 3 of 4 Bill of Quantities
Volume 4 of 4 Drawings
If the Subcontractor finds and notifies the Contractor of any conflict, inconsistency or ambiguity among any of the documents comprising or relating to the Subcontract or among any of the requirements or provisions thereof, the parties shall through mutual consultation, agree in writing the proper resolution of such conflict, inconsistency or ambiguity, and both parties shall be bound by that agreement. If the Subcontractor resolves any such conflict, inconsistency or ambiguity without the parties’ written agreement , the Subcontractor proceeds at its own risk and expense, and the Contractor shall be free thereafter to resolve the conflict, inconsistency or ambiguity differently from the Subcontractor without making an equitable adjustment in the price of the Subcontract and without incurring any liability to the Subcontractor because of the Subcontractor having proceeded in accordance with its own interpretation.
TITLE AND RISK所有权和风险
Unless otherwise provided in the Subcontract, the Goods or part thereof shall become the property of the Contractor free from liens and other encumbrances at whichever is the earlier of: (a) completion of delivery by the Subcontractor in accordance with the delivery terms of the Subcontract; or (b) when the Subcontractor has received payment of the value of the Goods or part thereof under the Subcontract. The Subcontractor shall be responsible for and shall bear any and all risk of loss of or damage to the Goods until completion of delivery thereof in accordance with the delivery terms of the Subcontract.
The Subcontractor shall pass to the Contractor good title to the Goods. In the event of any defect in title, the Subcontractor shall, at the request of the Contractor and at the Subcontractor’s expense, remove such defect or replace the Goods with other Goods free from such defect. The Subcontractor shall bear all charges and expenses for such removal or replacement, including transportation charges.