attempted, the purchaser may submit samples to any one of the processed- 

 products inspection offices of the United States Department of Agriculture. 

 Expense incident to grading for these reasons should be borne by the contractor 

 in the event the United States Department of Agriculture finds that the delivery 

 does not meet the grade requirements of the specification; otherwise, such 

 expenses should be for the account of the receiving agency. 



2. Bid Samples. — If a bid is awarded on the strength of bid samples and the 

 delivery does not comply with specification, the retained bid samples may be 

 cut by the purchaser as a further check. Purchasers who wish to ascertain the 

 quality of bid samples or the quaHty of samples from delivered merchandise 

 may specify that samples are subject to inspection by the United States Depart- 

 ment of Agriculture. The cost of inspection of bid samples should be borne 

 by the bidders, and all costs incident to the inspection of samples from 

 deliveries should be borne by the contractor. 



3. Drained weights should be determined after draining the respective 

 commodities as outlined in the U. S. standards for grades of these products. 

 Drained weights of commodities in which unavoidable variations in drained 

 weights occur should be averaged, provided the drained weight is not more than 

 10 percent below that required in the specification. If the delivery is satisfac- 

 tory in all respects except that the drained-weight requirement is not met, 

 the merchandise may be accepted at the option of the purchaser, provided: 



a. The contractor agrees that a proportionate deduction for the deficiency 

 shall be made in settlement, or 



b. The contractor agrees to furnish additional merchandise to compensate 

 for the deficiency. 



C. Acceptance or Rejection of Merchandise 



Final inspection and acceptance or rejection of the merchandise should be 

 made as provided in specifications or invitations for bids. This final inspection 

 should be conclusive except for latent defects, fraud, or such gross mistakes 

 as amount to fraud. Notice of acceptance or rejection should be made as 

 promptly as practicable, but failure to inspect and accept or reject mer- 

 chandise should not impose liability on the purchaser for merchandise that 

 is not in accordance with the specifications. 



D. Contractor's Responsibility 



1. Guarantees for swells. A contractor should guarantee merchandise 

 against swells for a period of 12 months after delivery. The term "swells'* 

 refers to flippers, springers, hard swells, or cans out of condition for any reason 

 whatsoever. 



2. Delivery and Rejected Merchandise. — The contractor should be respon- 

 sible for merchandise until delivered at designated point. The contractor 

 should bear all risk on rejected merchandise after notice of rejection. When 

 final inspection is at point of origin but delivery by contractor is at some 

 other point, the contractor's responsibility should continue until delivery is 

 accomplished. 



3. Delays. — ^If the contractor refuses or fails to make deliveries of the 

 merchandise within the time specified, or any extension of time, the pur- 

 chaser may terminate the right of the contractor to proceed with deliveries or 

 the portion of the delivery on which there has been a delay. The purchaser 

 may wish to reserve the right to purchase similar merchandise in the open 



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