REQUEST FOR QUOTATION - GAIL (India)

REQUEST FOR QUOTATION - GAIL (India) REQUEST FOR QUOTATION - GAIL (India)

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General Conditions of Contractwill not receive consideration. The above period of fifteen (15)days is included within the overall COMPLETION SCHEDULE,not over and above the completion time to any additional work orany other reasons.25.2 Time Schedule of Construction:25.2.1 The general Time Schedule of construction is given in theTENDER DOCUMENT. CONTRACTOR should prepare adetailed monthly or weekly construction program jointly with theENGINEER-IN-CHARGE within 15 days of receipt ofLETTER/FAX OF INTENT or ACCEPTANCE OF TENDER. TheWORK shall be executed strictly as per the Time Schedule givenin the CONTRACT DOCUMENT. The period of constructiongiven includes the time required for mobilisation testing,rectifications, if any, retesting and completion in all respects inaccordance with CONTRACT DOCUMENT to the entiresatisfaction of the ENGINEER-IN-CHARGE.25.2.2 The CONTRACTOR shall submit a detailed PERT network withinthe time frame agreed above consisting of adequate number ofactivities covering various key phases of the WORK such asdesign, procurement, manufacturing, shipment and field erectionactivities within fifteen (15) days from the date of LETTER/FAXOF INTENT. This network shall also indicate the interfacefacilities to be provided by the EMPLOYER and the dates bywhich such facilities are needed.25.2.3 CONTRACTOR shall discuss the network so submitted with theEMPLOYER and the agreed network which may be in the formas submitted with the EMPLOYER or in revised form in line withthe outcome of discussions shall form part of the CONTRACT, tobe signed within fifteen (15) days from the date of LETTER OFACCEPTANCE OF TENDER. During the performance of theCONTRACT, if in the opinion of the EMPLOYER proper progressis not maintained suitable changes shall be made in theCONTRACTOR's operation to ensure proper progress.The above PERT network shall be reviewed periodically andreports shall be submitted by the CONTRACTOR as directed byEMPLOYER.26 Force Majeure: 26.1 CONDITIONS FOR FORCE MAJEUREIn the event of either party being rendered unable by ForceMajeure to perform any obligations required to be performed bythem under the CONTRACT the relative obligation of the partyaffected by such Force Majeures shall upon notification to theother party be suspended for the period during which ForceMajeures event lasts. The cost and loss sustained by the eitherparty shall be borne by the respective parties.The term "Force Majeures" as employed herein shall mean actsof God, earthquake, war (declared or undeclared), revolts, riots,fires, floods, rebellions, explosions, hurricane, sabotage, civilcommotions and acts and regulations of respective Governmentof the two parties, namely the EMPLOYER and theCONTRACTOR.18

General Conditions of ContractUpon the occurrence of such cause(s) and upon its termination,the party alleging that it has been rendered unable as aforesaidthereby, shall notify the other party in writing immediately but notlater than 72 (Seventy-two) hours of the alleged beginning andending thereof giving full particulars and satisfactory evidence insupport of its claim.Time for performance of the relative obligation suspended by theForce Majeures shall then stand extended by the period for whichsuch cause lasts.If deliveries of bought out items and/or works to be executed bythe CONTRACTOR are suspended by Force Majeure conditionslasting for more than 2 (two) months the EMPLOYER shall havethe option to terminate the CONTRACT or re-negotiate thecontract provisions.26.2 OUTBREAK OF WAR26.2.1 If during the currency of the CONTRACT there shall be anout-break of war whether declared or not, in that part of the Worldwhich whether financially or otherwise materially affect theexecution of the WORK the CONTRACTOR shall unless anduntil the CONTRACT is terminated under the provisions in thisclause continue to use his best endeavour to complete theexecution of the WORK, provided always that the EMPLOYERshall be entitled, at any time after such out-break of war toterminate or re-negotiate the CONTRACT by giving notice inwriting to the CONTRACTOR and upon such notice being giventhe CONTRACT shall, save as to the rights of the parties underthis clause and to the operation of the clauses entitled settlementof Disputes and Arbitration hereof, be terminated but withoutprejudice to the right of either party in respect of any antecedentbreach thereof.26.2.2 If the CONTRACT shall be terminated under the provisions of theabove clause, the CONTRACTOR shall with all reasonablediligence remove from the SITE all the CONTRACTOR'sequipment and shall give similar facilities to hisSUB-CONTRACTORS to do so.27 Price reductionschedule:27.1 Time is the essence of the CONTRACT. In case theCONTRACTOR fails to complete the WORK within the stipulatedperiod, then, unless such failure is due to Force Majeure asdefined in Clause 26 here above or due to EMPLOYER'sdefaults, the Total Contract price shall be reduced by ½ % of thetotal Contract Price per complete week of delay or part thereofsubject to a maximum of 5 % of the Total Contract Price, by wayof reduction in price for delay and not as penalty. The saidamount will be recovered from amount due to the Contractor/Contractor’s Contract Performance Security payable on demand.The decision of the ENGINEER-IN-CHARGE in regard toapplicability of Price Reduction Schedule shall be final andbinding on the CONTRACTOR.27.2 All sums payable under this clause is the reduction in price due todelay in completion period at the above agreed rate.19

General Conditions of Contractwill not receive consideration. The above period of fifteen (15)days is included within the overall COMPLETION SCHEDULE,not over and above the completion time to any additional work orany other reasons.25.2 Time Schedule of Construction:25.2.1 The general Time Schedule of construction is given in theTENDER DOCUMENT. CONTRACTOR should prepare adetailed monthly or weekly construction program jointly with theENGINEER-IN-CHARGE within 15 days of receipt ofLETTER/FAX OF INTENT or ACCEPTANCE OF TENDER. TheWORK shall be executed strictly as per the Time Schedule givenin the CONTRACT DOCUMENT. The period of constructiongiven includes the time required for mobilisation testing,rectifications, if any, retesting and completion in all respects inaccordance with CONTRACT DOCUMENT to the entiresatisfaction of the ENGINEER-IN-CHARGE.25.2.2 The CONTRACTOR shall submit a detailed PERT network withinthe time frame agreed above consisting of adequate number ofactivities covering various key phases of the WORK such asdesign, procurement, manufacturing, shipment and field erectionactivities within fifteen (15) days from the date of LETTER/FAXOF INTENT. This network shall also indicate the interfacefacilities to be provided by the EMPLOYER and the dates bywhich such facilities are needed.25.2.3 CONTRACTOR shall discuss the network so submitted with theEMPLOYER and the agreed network which may be in the formas submitted with the EMPLOYER or in revised form in line withthe outcome of discussions shall form part of the CONTRACT, tobe signed within fifteen (15) days from the date of LETTER OFACCEPTANCE OF TENDER. During the performance of theCONTRACT, if in the opinion of the EMPLOYER proper progressis not maintained suitable changes shall be made in theCONTRACTOR's operation to ensure proper progress.The above PERT network shall be reviewed periodically andreports shall be submitted by the CONTRACTOR as directed byEMPLOYER.26 Force Majeure: 26.1 CONDITIONS <strong>FOR</strong> <strong>FOR</strong>CE MAJEUREIn the event of either party being rendered unable by ForceMajeure to perform any obligations required to be performed bythem under the CONTRACT the relative obligation of the partyaffected by such Force Majeures shall upon notification to theother party be suspended for the period during which ForceMajeures event lasts. The cost and loss sustained by the eitherparty shall be borne by the respective parties.The term "Force Majeures" as employed herein shall mean actsof God, earthquake, war (declared or undeclared), revolts, riots,fires, floods, rebellions, explosions, hurricane, sabotage, civilcommotions and acts and regulations of respective Governmentof the two parties, namely the EMPLOYER and theCONTRACTOR.18

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