Ohio Code § 5513.05
Ohio Code § 5513.05. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5513.05
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 5513.05?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 5513.05 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 5513.05 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.