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SUPPLEMENTAL AGREEMENT TO EQUIPMENT CONTRACT FOR FIELD TRIAL
(Secondary - Delivery, Installation, Operation)
AGREEMENT, made as of
-
-
, between
(hereinafter called the ''Seller'') and
(hereinafter called the ''Purchaser'').
In consideration of the mutual undertakings herein contained and of approval by the Administrator of the Rural Utilities
Service (hereinafter called the ''Administrator''), of the Material or Equipment Contract between the Seller and the Purchaser dated
-
-
, as revised by this Supplemental Agreement for Field Trial, the parties hereto agree as follows:
1. Installation of the Material or Equipment described herein pursuant to the Equipment Contract or Purchase order shall be on
a field trial basis and shall be subject to the following provisions because the Material or Equipment is not on the ''List of Materials Acceptable
for Use on Telephone Systems of RUS Borrowers.''
months following completion of the installation of
(a) During the field trial, which shall be a minimum of
the material or equipment, or such longer period as may be required to obtain conclusive results, the Administrator may make such examinations, measurements and observations of the Material or Equipment at the site of the installation as may be necessary to determine whether
the Material or Equipment is performing satisfactorily in accordance with applicable RUS specifications or requirements. When the field
trial is categorized as ''Secondary '' the Purchaser may cancel the contract without penalty if the in-service date of the ''Primary '' field trial
is delayed more than three months due to fault of the Seller or, if within the first three months after the in-service date the Material or Equipment cannot be made to perform satisfactorily within the applicable specification requirements.
(b) The Seller shall promptly make such mechanical or electrical changes as may be required by the Administrator to make
the Material or Equipment conform to applicable RUS specifications or requirements. Such changes shall be made by the Seller at no
additional expense to the Purchaser.
(c) If the Material or Equipment cannot be made to conform to applicable RUS specifications or requirements, the Seller
shall promptly
(i) remove, where feasible, the same from the premises at no expense to the Purchaser, and
(ii) replace the same with comparable equipment selected by the Seller and approved by the Purchaser and RUS so as to
fulfill the Seller's obligations under the Material or Equipment Contract. The Seller shall not be paid with an amount greater than the price
originally contracted for. Such payment shall be made as provided in the Material or Equipment Contract.
(d) Notwithstanding the provisions of the Material or Equipment Contract, no payment for the field trial items shall be due
until completion of the primary field trial to the satisfaction of the Administrator.
2. This Agreement shall become effective upon approval in writing by the Administrator of the Contract which it supplements.
Description of item for field trial and cost, including installation cost, if only part of the overall purchase is affected
(PURCHASER)
(SELLER)
By
By
TITLE
TITLE
RUS FORM 399a (Rev. 8-82)
File Type | application/pdf |
File Title | rus0399-000A.fml |
Author | MBrooks |
File Modified | 2009-05-14 |
File Created | 2003-02-28 |