Document - irpmu.railnet.gov.in

Maintenance Supervision of various sections for which Provisional Acceptance
Certificates are issued or brought into full fledged operation, provided that the
contractor has complied fully with his obligations under clause 27 in respect
of each section under the contract.
28.2 If on the other hand the contractor has not so complied with his obligation under
para 27 in respect of any section, the purchaser may either extend the period of
maintenance supervision in respect of that section until the necessary works are
carried out by the contractor or carry out those works suo moto on behalf of the
contractor at the contractor's expenses. After expiry of the period of
maintenance supervision for each section, a certificate of Final Acceptance for
the section shall be issued by the purchaser and the last of such certificate will be
called the Last and Final Acceptance Certificate. The contract shall not be
considered as completed until the issue of Final Acceptance Certificate by
the purchaser.
28.3 The purchaser shall not be liable to the contractor for any dispute arising out of
or in connection with the contract or execution of the work unless the contractor
have made a claim in writing in respect thereof before the issue of Final
Acceptance Certificate under this clause. The contractor shall be debarred from
disputing the correctness of the items caused by the no claim certificate or
demanding a reference to Arbitration in respect thereof.
28.4 Notwithstanding the issue of Final Acceptance Certificate, the contractor and the
purchaser (subject to Sub Clause as above) shall remain liable for fulfillment of
any obligation incurred under the provision of the contract prior to the issue of
Final Acceptance Certificate which remains unperformed at the time such
certificate is issued and for determining the nature and extent of such
obligation, the contract shall be deemed to remain in force between the parties
hereto.
29. WARRANTY
29.1 The contractor shall warranty that all application data design and documentation,
materials & equipment supplied and installed in this work of Electronic
Interlocking alteration shall be free from defects and faults in design, material,
workmanship and manufacture and shall be of the highest grade and consistent with
the established and generally accepted standard for materials of the type ordered
and in full conformity with the contract specifications.
29.2 This warranty shall start from the date of acceptance of commissioning by railways
and placement in service. The date of the commissioning of the work will be after
the signing of the provisional acceptance certificate by both the parties as per
details at clause 27
Signature of contractor Page 68 of 104 Dy CSTE/Proj/IRPMU/CNB