Ohio § 5513.05
Full text of Ohio Ohio Revised Code § 5513.05, with citation guidance and answers to common questions.
§ 5513.05.
(A) If any article furnished by a vendor in the performance of a contract or purchase
order fails to conform to the specifications and conditions prescribed by the director
of transportation or to any sample of the article submitted by the vendor, the director
may reject the article. Without additional expense to the department of transportation, the vendor shall
reclaim and remove any rejected article that has been delivered and immediately shall
replace all rejected articles with articles that conform to the specifications and
conditions or samples. Notwithstanding sections 5513.01 and 5513.02 of the Revised Code , if the vendor does not immediately replace the rejected articles with conforming
articles, the director may cancel the contract or purchase order and purchase the
article without using a notice and bidding procedure. In an emergency situation as determined by the director, the director immediately
may purchase any necessary replacement article. The director may deduct from any moneys due or that may thereafter become due to
the vendor who provided the rejected article the difference between the price named
in the canceled contract or purchase order with the vendor and the actual cost of
the article purchased by the department in substitution for that due from the vendor. (B) Notwithstanding sections 5513.01 and 5513.02 of the Revised Code , if a vendor fails to make prompt delivery of any article, and the delivery is delayed
by circumstances other than fire, strike, freight embargo, or an act of God or a government,
the director may cancel the contract or purchase order and purchase the article without
using a notice and bidding procedure. The director may deduct from any moneys due or that may thereafter become due to
the vendor who failed to promptly deliver the article the difference between the price
named in the canceled contract or purchase order with the vendor and the actual cost
of the article purchased by the department in substitution for that due from the vendor. (C) The department may recover from a vendor who fails to promptly provide conforming
articles any incidental or consequential damages as defined in section 1302.89 of the Revised Code incurred by the department in promptly obtaining the conforming articles. (D) The rights and remedies established in this section are not exclusive and are in
addition to any other available rights and remedies.
Frequently Asked Questions About Ohio § 5513.05
What does Ohio Revised Code § 5513.05 cover?
Section 5513.05 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5513.05?
A common citation format is "Ohio Revised Code § 5513.05" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5513.05 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.