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claims filed against the carrier or carriers be wholly or partially declined by the carrier or <br />carriers with the inference that damage was the result of the act of the shipper such as <br />inadequate packaging or loading or some inherent defect in the Equipment and/or <br />material, the Contractor, on request of the State, shall at Contractor's own expense assist <br />the State in establishing carrier liability by supplying evidence that the Equipment and/or <br />material was properly constructed, manufactured, packaged, and secured to withstand <br />normal transportation conditions. <br />14.DELIVERY: The Contractor shall strictly adhere to the delivery and completion schedules <br />specified in this Contract. Time, if stated as a number of days, shall mean calendar days <br />unless otherwise specified. The quantities specified herein are the only quantities required. If <br />the Contractor delivers in excess of the quantities specified herein, the State shall not be <br />required to make any payment for the excess Deliverables, and may return them to Contractor <br />at the Contractor’s expense or utilize any other rights available to the State at law or in equity. <br />DGS PD 401IT (REVISED AND EFFECTIVE 9/5/14) <br />GENERAL PROVISIONS – INFORMATION TECHNOLOGY <br />Page 8 of 28 <br />15.SUBSTITUTIONS: Substitution of Deliverables may not be tendered without advance written <br />consent of the Buyer. The Contractor shall not use any specification in lieu of those contained <br />in the Contract without written consent of the Buyer. <br />16.INSPECTION, ACCEPTANCE AND REJECTION: Unless otherwise specified in the <br />Statement of Work: <br />a) When acquiring Commercial Hardware or Commercial Software, the State shall rely on <br />Contractor’s existing quality assurance system as a substitute for State inspection and <br />testing. For all other acquisitions, Contractor and its subcontractors will provide and <br />maintain a quality assurance system acceptable to the State covering Deliverables and <br />services under this Contract and will tender to the State only those Deliverables that have <br />been inspected and found to conform to this Contract’s requirements. The Contractor will <br />keep records evidencing inspections and their result, and will make these records <br />available to the State during Contract performance and for three years after final <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575