The parties acknowledge that Director Furnished Information is furnished for the purpose
of describing the Director’s requirements under this Contract. The parties acknowledge
that the Director Furnished Information is not furnished to the Contractor for the purpose
of either directing, guiding or instructing the Contractor’s task under this Contract. The
Director does not warrant the suitability of such Director Furnished Information for any
particular use or application, nor does the Director warrant the accuracy or precision of
the Director Furnished Information.
4.2.7. Except as otherwise provided in this clause 4.2, the Contractor shall be responsible for
the application or use of the Director Furnished Information and any conclusions,
assumptions or interpretations made by the Contractor on the basis of the Director
Furnished Information, or its application or use thereof.
4.2.8. Where, in the opinion of the Project Manager, the Contractor has the necessary capacity,
the Project Manager may require the Contractor by notice in writing to transport, dispose
of or repair damaged, defective or deficient Director Furnished Material in the care of the
Contractor. Where under clause 4.2.4, the Contractor is liable for the damage, defect or
deficiency, the work performed by the Contractor pursuant to this clause 4.2.8 shall
discharge or partially discharge the Contractor’s liability. Where clause 4.2.4 does not
apply, the Contractor shall perform the work at the cost of the Director. The cost of the
work shall be agreed by the parties prior to the work being undertaken by the Contractor.
Replaced/Superseded by document(s)
A The Director has a requirement for the design, development, integration,
installation, commission, maintenance and support of the SmartBus Route 700
Information and Communications Technology System (“System”) .
The Contractor has offered to design, develop, integrate, install, commission,
maintain and support the System on the terms set out in this Contract.
The Director has agreed to accept the offer by the Contractor on the terms set
out in this Contract.