10.  Rescheduled and Repeated Rectification

If the Service Provider thinks it is unable to achieve any Rectification Time then it can apply to the Council for a rescheduling.  It has to set out the reason for the request and the Authority may allow such a request.

The Service Provider may, if it is unable to achieve any Rectification Time applying to an Event apply to the Council for a rescheduling of the Rectification Time. The Council may, at its absolute discretion permit the Service Provider to carry out the Rectification and Containment at an alternative time and date if the Service Providerr can demonstrate to the Council that either;

•  the activity required to achieve Rectification is better carried out at a later time; or

•  in the case of Sports Equipment only, the Service Provider does not have in stock a part which is necessary to achieve Rectification and the Contractor can demonstrate that its failure to have the necessary part in stock is in line with Good Industry Practice; or

•  in the case of Sports Equipment only, that it does not have in stock a required part due to obsolescence; or  

•  the circumstances are such that rectification cannot reasonably be achieved by the Service Provider acting in accordance with Good Industry Practice.

If there is Rescheduled Rectification this must be logged as such by the Service Provider and if the Contractor fails to rectify the Event within the extended Rectification Time then a Deduction will be made for such Failure Event from the Notification Time of the Event until the Event is Rectified.

In order to avoid repeated failures, even if the Contractor completes Rectification for an Event within the agreed Rectification Time, if a further Event arises as a result of the same cause during a period of 72 hours from the original Notification Time then the subsequent Failure Event shall be deemed to have occurred at the Notification Time of the first original Event. The Contractor must properly log such Repeated Rectification.