Inspection of Stores by Inspection Authority of buyer or their authorised Inspecting officers / empanelled inspection agency or their representatives An independent third party Professional Inspection Body can help buyer in mitigating buyer's risk with pre-dispatch/post-dispatch inspection in order to ensure that equipment, components , solutions and documentation conform to contractual requirements. If an institutional buyer like Defense , Railways and MHA etc desires to appoint / nominate their own inspection authority / empanelled inspection agency for inspection of stores to be supplied against the contract , buyer can select this clause indicating cost of inspection in term of percentage which is 100 %. As per the contractual provisions / law , the buyer has a right before payment or acceptance to inspect goods at any reasonable place as indicated in contract and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival. Expenses of inspection should be borne by the buyer but may be recovered from the seller if the goods do not conform to contractual specification and are rejected. Initially seller may pay for inspection charges as applicable and get the same reimbursed from buyer if store complies to contractual specification etc , on production of payment receipt issued by inspection agency as applicable. Seller/OEM shall send a notice in writing / e-mail to the Inspecting officer / inspection agency specifying the place where inspection is offered and the Inspecting officer shall on receipt of such notice notify to the seller the date and time when the stores would be inspected. The seller shall, at his own expenses, afford to the Inspecting officer , all reasonable facilities and such accommodation as may be necessary for satisfying himself that the stores are being and or have been manufactured in accordance with the technical particulars governing the supply . The decision of the purchaser/inspection authority regarding acceptance / rejection of consignment shall be final and binding on the seller. The Seller shall provide, without any extra charge, all materials, tools, labour and assistance of every kind which the Inspecting officer may demand of him for any test, and examination, other than special or independent test, which he shall require to be made on the seller's premises and the seller shall bear and pay all costs attendant thereon. The seller shall also provide , and deliver for test, free of charge, at such place other than his premises as the Inspecting officer may specify such material or stores as he may require for tests for which seller does not have the facilities or for special/ independent tests. In the event of rejection of stores or any part thereof by the Inspecting officer basis testing outside owing to lack of test facility at sellers premises ,the seller shall, on demand, pay to the buyer the costs incurred in the inspection and/or test. Cost of test shall be assessed at the rate charged by the Laboratory to private persons for similar work. Inspector shall have the right to put all the stores or materials forming part of the same or any part thereof to such tests as he may like fit and proper as per QAP/governing specification . The seller shall not be entitled to object on any ground whatsoever to the method of testing adopted by the Inspecting officer .. Unless otherwise provided for in the contract, the quantity of the stores or materials expended in test will be borne by seller . Inspecting officer is the Final Authority to Certify Performance / accept the consignment . The Inspecting officer’s decision as regards the rejection shall be final and binding on the seller. The seller shall if so required at his own expense mark or permit the Inspecing officer to mark all the approved stores with a recognised Government or purchaser's mark.
