VITRIFIED BRICK PAVEMENTS FOR COUNTRY ROADS. 37 
Which, of these grades should be specified in any given district and for any- 
given purpose is a matter wholly within the province of the buyer, and should 
be governed by the kind and amount of traffic to be carried, and the quality 
of paving brick available. 
Item 18. Culling and retesting. — Where, under items 15 and 16 a lot or portion 
of a lot of brick is rejected, either by reason of failure to show a low enough 
average test or because of tests above the permissible maximum, the buyer may 
at his option permit the seller to regrade the rejected brick, separating out that 
portion which he considers at fault and retaining that which he considers good. 
When the regrading is complete the good portion shall be then resampled and 
retested, under the original conditions, and if it fails again either in average or 
in permissible maximum, then the buyer may definitely and finally reject the 
entire lot or portion under test. 
Item 19. Payment of cost of testing. — Unless otherwise specified, the cost of 
testing the material as delivered or prepared for delivery, up to the prescribed 
number of tests for valid acceptance or rejection of the lot, shall be paid by the 
buyer. (See also item 23.) The cost of testing extra samples made necessary 
by the failure of the whole lot or any portion of it shall be paid by the seller, 
whether the material is finally accepted or rejected. 
SECTION II.— VISUAL INSPECTION. 
It shall be the right of the buyer to inspect the brick, subsequent to their de- 
livery at the place of use, and prior to or during laying, to cull out and reject 
upon the following grounds: 
Item 20. All brick which are broken in two or chipped in such a manner that 
neither wearing surface remains substantially intact, or that the lower or bear- 
ing surface is reduced in area by more than one-fifth. Where brick are rejected 
upon this ground, it shall be the duty of the purchaser to use them so far as 
practicable in obtaining the necessary half brick for breaking courses and mak- 
ing closures, instead of breaking otherwise whole and sound brick for this 
purpose. 
Item 21. All brick which are cracked in such a degree as to produce defects 
such as defined in item ,20, either from shocks received in shipment and handling 
or from defective conditions of manufacture, especially in drying, burning, or 
cooling, unless such cracks are plainly superficial and not such as to per- 
ceptibly weaken the resistance of the brick to its conditions of use. 
Item 22. All brick which are so offsize, or so misshapen, bent, twisted, or 
kiln marked that they will not form a proper surface as defined by the paving 
specifications, or align with other brick without making joints other than those 
permitted in the paving specifications. 
Item 23. All brick which are obviously too soft and too poorly vitrified to 
endure street wear. When any disagreement arises between buyer and seller 
under this item, it shall be the right of the buyer to make two or more rattler 
tests of the brick which he wishes to exclude, as provided in item 2, and if in 
either or both tests the brick fall beyond the maximum rattler losses per- 
mitted under the specifications, then all brick having the same objectionable 
appearance may be excluded, and the seller must pay for the cost of the test. 
But if under such procedure, the brick which have been tested as objectionable 
shall pass the rattler test, both tests falling within the permitted maximum, then 
the buyer can not exclude the class of material represented by this test and he 
shall pay for the cost of the test 
