(4.) The bill of lading or railway invoice shall be taken as primâ facie evidence of the weight of metal supplied; but the corporation retain the right to test the accuracy of such bill of lading or railway invoice, by passing the metal over a weighbridge as it is received.
(5.) Metal delivered at a depôt by carts shall be measured when broken and paid for at the rate of cwt. per cubic yard.
(6.) The corporation retain the right to reject all metal which shall not be equal to the sample, or at their option to pay a reduced price according to its value.
(7.) Quarterly payments will be made by the corporation on the certificate of the borough engineer, and within one month from the date of such certificate.
(8.) The borough engineer shall be the sole judge as to the fitness of the metal supplied, and his certificate, in writing, shall be conclusive evidence upon the point as between the corporation and the contractor.
(9.) If the contractor shall make default in the supply and delivery of road metal in accordance with the terms of this specification, and within the time specified for the purpose in the order of the borough engineer, the corporation shall be at liberty to obtain such road metal as they may deem fit and necessary from another source, and any excess in price or other loss they may consequently incur, shall be recoverable by them from the contractor as liquidated and ascertained damages.
(10.) Tenders must be sent in only on the prescribed form, and the person tendering must insert in his tender the name of two persons who will join him in a joint and several bond to the corporation in the sum of l. for the due performance of the contract.
(11.) Each person tendering must send to the office of the borough engineer a sample of the road metal he offers, accompanied by a full description, and the name and position of the quarry from which it is produced; such sample to be not less that one cwt. in weight, and to be retained by the corporation in the event of the tender being accepted.
(12.) The corporation do not bind themselves to accept the lowest or any tender; and they further retain the right to reject a contractor in the event of his failing to find sureties to their satisfaction in compliance with the 10th condition.
(13.) The word “corporation” shall mean the mayor, aldermen and burgesses, of in their capacity as the urban sanitary authority for . The word “contractor” shall mean the person whose tender is accepted, and who has signed these conditions; and the words “borough engineer” shall mean the engineer to the said corporation for the time being.