Contract Specific Performance

In current industrial practice gas chromatographic analysis (glc) is used for quahty control. The impurities, mainly a small amount of water (by Kad-Fischer) and some organic trace constituents (by glc), are deterrnined quantitatively, and the balance to 100% is taken as the acetone content. Compliance to specified ranges of individual impurities can also be assured by this analysis. The gas chromatographic method is accurately correlated to any other tests specified for the assay of acetone in the product. Contract specification tests are performed on product to be shipped. Typical wet methods for the deterrnination of acetone are acidimetry (49), titration of the Hberated hydrochloric acid after treating the acetone with hydroxylamine hydrochloride and iodimetry (50), titrating the excess of iodine after treating the acetone with iodine and base (iodoform reaction). 

Enforcement of contracts occurs under civil law. When one party fails to live up to his or her part of the contract, the other party may attempt to enforce the terms of the contract by bringing a lawsuit. The courts may require an award of money or may force a party in the contract to perform the promise specified. This remedy, known as specific performance, may be necessary when a monetary remedy would be insufficient to compensate for the unique requirements of... 

It is possible for the court to grant Specific Performance as a remedy whereby one party is ordered to complete his part of the contract. The remedy is discretionary and little used outside of land sales. It will not be granted where the contract is one of personal services, e.g. in a contract of employment. Although an industrial tribunal may order reinstatement of an employee following an unfair dismissal, such a remedy cannot be enforced against an unwilling employer and his refusal will merely be reflected in the compensation awarded to the former employee. 

Actually, the affected software module only performed alignment of the inertial platform before launch - it had no function after launch. So, the error message was inappropriately handled, although the supplier was only following the contract specification. 

In order to confirm the contractor has in fact carried out the work to a satisfactory standard and met the safety conditions, the client will need a formal procedure for reviewing the performance of the contractor against the contract specification and conditions. 

A deviation is written authorization, granted after contract award and prior to the manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or a specified period of time. Deviations are intended only as one-time departures from an established configuration for specified items or lots and are not intended to be repeatedly used in place of formal engineering changes. 

Certain laboratories can, after a contract has been awarded, register under the Contract Laboratory Program (CLP) of the EPA. To earn a contract, one or more specifically prepared samples must be analyzed under very similar conditions to those used in standard protocols. Only if the data are deemed satisfactory will a contract be awarded. Further evaluation samples must be analyzed at three-month intervals afterward to ensure that performance is being maintained. 

Site-specific health and safety requirements and site personnel, including contractors, are typically held responsible for managing and conducting all activities safely. Every worker should understand that he or she is responsible for sharing in the commitment to a safe workplace. In addition, employees should perform their work in accordance with any applicable laws, regulations, contract provisions, and established site-specific requirements. 

Quality plans are needed when the work you intend to carry out requires detailed planning beyond that already planned for by the quality system. The system will not specify everything you need to do for every job. It will usually specify only general provisions which apply in the majority of situations. You will need to define the specific documentation to be produced, tests, inspections, and reviews to be performed, and resources to be employed. The contract may specify particular standards or requirements that you must meet and these may require additional provisions to those in the quality system. Although ISO/TS 16949 requires the plan to include customers requirements, the intention is not that these requirements are reproduced if provided in a documented form by the customer, but that a cross reference is made in the plan together with any other relevant specifications referred to in the contract. However, when constructing the plan, it would make sense to refer to specific customer requirements and provide a response that indicates your intentions regarding those requirements. 

All audits should be conducted against a standard for the performance being measured. Examinations without such a standard are surveys, not audits. Audits can also be conducted against contracts, project plans, specifications - in fact any document with which the organization has declared it will comply. The standard now requires system audits to be conducted to verify compliance with ISO/TS 16949 and any other system requirements. 

Painting is generally performed by a contractor on a bid basis. Unless another agreement is made, a contractor will furnish the lowest priced paint that will do an acceptable job, even though it may have inferior durability. To avoid this, the contract should be very specific with regard to the type of paint to be used. It may even specify a certain brand. 

A local builder was contracted to instal the floor. Part of the specification stated that those areas of the internal wall surfaces that would abut the concrete floor should be cement rendered, with as flat a finish as possible, before the base concrete was poured. In the event, the standard of rendering was poor and uneven. The other stages in the installation of the concrete floor were performed satisfactorily. 

Until recently, most studies performed within the Ebro River have been site-specific or focused on a single chemical family [20-24]. However, little is known about the concentration and patterns of a wide spectrum of priority contaminants in the whole Ebro aquatic ecosystem. The inclusion of the Ebro river basin into the European Union (EU) project AquaTerra (contract no. 505428) led to a more complete study concerning the entire river basin, various environmental matrices (sediments and two fish species) and five different chemical families... 

The management must authorize the persormel to perform specific tasks. The relevant authorization(s), competence, educational and professional qualifications, training, skills and experience of all technical persormel, including contracted persormel shall be recorded. This can be done e.g. on an authorization sheet. 

Considering the remote location of JACADS, the problems involved in coordinating multiple contractors on the island, and the time and cost penalties inherent in educating another contractor, continuation of the operating contract (with appropriate changes to accommodate closure) appears to be justified. With the benefit of the lessons learned at JACADS, the use of another operations contractor to perform site closure at continental U.S. sites should be considered. The best strategy to employ will depend on site-specific considerations. 

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