11. Factory Tests and Inspections
11.1.
The Seller shall carry out at the Seller’s premises at Seller’s cost all such tests and inspections of the Equipment as are required in the Purchase Contract.
11.2.
The Purchaser, and the Owner if required, shall be entitled to inspect, examine and test the materials and workmanship of the Equipment at the Seller’s premises at all reasonable times.
11.3.
Except where otherwise specified, the Seller shall provide free of charge such labor, materials, fuels, apparatus, and other things necessary for tests and inspections as may reasonably be required to carry out the tests and inspections.
11.4.
The Seller shall be obliged to obtain the approval on the applicable tests and inspections procedures at least four (4) months prior to the scheduled date of Factory Test.
11.5.
The Seller shall apply to the Purchaser the scheduled date of tests and inspections listed as witness test at the Seller’s premises no later than thirty (30) calendar days prior to the scheduled date of Factory Test.
11.6.
If any Equipment is defective or otherwise not in conformity with the requirements of the Purchase Contract, the Purchaser without any liability may, by written notice to the Seller;
a) reject such Equipment, require a remedy or replacements and request repeat of testing as per the same terms and conditions at the Seller’s expense,
b) perform, at the Seller’s risk and cost, any necessary remedial work,
c) terminate the Purchase Contract and Section 29.1. shall apply, or
d) delete the relevant portion of such Equipment or Work from the Seller at an equitable reduction in price as per the Purchaser’s evaluation.
11.7.
No inspections, witness, tests, approval nor acceptance of the Equipment shall relieve the Seller from his liability for defects or other failures under the requirements of the Purchase Contract.