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EAST CENTRAL RAILWAY - Indian Railways

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Page -23 of 40<br />

SPECIAL CONDITIONS OF CONTRACT (PART-III)<br />

1) General conditions of contract and standard specification, 2001 (Corrected up to date), special<br />

conditions of contract Part-I and Part-II, instructions to the tenderer(s), stipulations made in the<br />

preamble to the various schedules and in the foot note of Schedules and various items of works shall<br />

govern the works to be done under this contract. Tenderer shall carefully study the General<br />

Conditions of contract, Standard specifications, as well as Special conditions accompanying the<br />

tender form.<br />

2) Where there is any conflict between the GCC and Special conditions/specifications, the latter will<br />

prevail.<br />

3) All measurement, methods of measurement, meaning and intent of specifications and interpretation of<br />

Special Conditions of contract given and made by the Railway or by the Engineer on behalf of the<br />

Railway shall be final and binding and shall be considered as “Excepted Matters” in terms of<br />

conditions No.63 of General Conditions of Contract.<br />

4) AGREEMENT : All expenses in drawing up the agreement and the cost of stamp duty if any shall<br />

be borne by the East Central Railway Administration.<br />

5) PASSES : No passes of any kind for self and labours for any purpose in connection with this<br />

Tender/contract will be issued to the contractor.<br />

6) CHANGE IN ADDRESS : Any change in the address of the Contractor shall be forthwith intimated<br />

in writing to the Railway. The Railway will not be responsible for any loss or inconvenience suffered<br />

by the Contractor on account of his failure to comply with this.<br />

7) CANCELLATION OF DOCUMENTS : The cancellation of any document such as Power of<br />

Attorney. Partnership Deed shall forthwith be communicated by the Contractor to the Railway in<br />

writing failing which the Railway shall have no responsibility or liability for any action on the<br />

strength of the said document.<br />

8) DISSOLUTION OF CONTRACTOR’s FIRM : If the contractor’s firm is dissolved due to death<br />

or retirement of any partner or for any reason before duly completing the work or any part of it<br />

undertaken by the Principal Agreement, the partners shall remain jointly severally and personally<br />

liable to complete the whole work to the satisfaction of the Railway and to pay compensation for loss,<br />

sustained if any, by the Railway due to such dissolution. The amount of such compensation shall be<br />

decided by the Engineer and his decision in the matter shall be final and binding on the<br />

Tender(s)/Contractor(s).<br />

9) DEPLOYMENT OF PLANT & MACHINERY : The deployment of Plant and Machinery<br />

including the moving machines shall be such as not to infringe or cause, damage to Railway track or<br />

any other Government or Private properties. Operation of such equipment involving infringement<br />

prescribed in the Schedule of dimension of the Railway shall not be undertaken without the prior<br />

approval of the Engineer-in-charge. For any loss or damage resulting from violation of this clause, the<br />

contractor shall be fully responsible.<br />

10) RENEWAL OF DEPOSITS BY CONTRACTOR : In the case of Tenderer/Contractor<br />

depositing Security deposit in the shape of fixed deposit receipt, it shall be the responsibility of the<br />

Tenderer/Contractor to advise the FA & CAO/Sr. DAO for renewal and revalidation of the currency<br />

period of the fixed deposit as required. Such advice by the contractor shall be made well in advance<br />

so as to reach FA & CAO/Sr. DAO/E. C. Railway not later than one month before the expiry of the<br />

currency period. If the Tenderer/Contractor, fails to do so, the loss of interest on the fixed deposits, if<br />

any shall be solely on the Tenderer/Contractor’s account and the Railway shall not in any way be<br />

responsible for the loss of interest suffered by the Tenderer/Contractor.<br />

SIGNATURE OF TENDERER(S)/CONTRACTOR(S)

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