REQUEST FOR QUOTATION - GAIL (India)
REQUEST FOR QUOTATION - GAIL (India) REQUEST FOR QUOTATION - GAIL (India)
General Conditions of Contract44.3 The final payment shall not become due until the CONTRACTORdelivers to the ENGINEER-IN-CHARGE a complete release orwaiver of all liens arising or which may arise out of his agreementor receipt in full or certification by the CONTRACTOR in a formapproved by ENGINEER-IN-CHARGE that all invoices for labour,materials, services have been paid in lien thereof and if requiredby the ENGINEER-IN-CHARGE in any case an affidavit that sofar as the CONTRACTOR has knowledge or information thereleases and receipts include all the labour and material for whicha lien could be filled.44.4 CONTRACTOR will indemnify and hold the EMPLOYERharmless, for a period of two years after the issue of FINALCERTIFICATE, from all liens and other encumbrances againstthe EMPLOYER on account of debts or claims alleged to be duefrom the CONTRACTOR or his SUB-CONTRACTOR to anyperson including SUB- CONTRACTOR and on behalf ofEMPLOYER will defend at his own expense, any claim orlitigation brought against the EMPLOYER or the CONTRACTORin connection therewith. CONTRACTOR shall defend or contestat his own expense any fresh claim or litigation by any personincluding his SUB-CONTRACTOR, till its satisfactory settlementeven after the expiry of two years from the date of issue of FINALCERTIFICATE.45 Delays by employer orhis authorised agents:45.1 In case the CONTRACTOR's performance is delayed due to anyact or omission on the part of the EMPLOYER or his authorisedagents, then the CONTRACTOR shall be given due extension oftime for the completion of the WORK, to the extent such omissionon the part of the EMPLOYER has caused delay in theCONTRACTOR's performance of his WORK.45.2 No adjustment in CONTRACT PRICE shall be allowed forreasons of such delays and extensions granted except asprovided in TENDER DOCUMENT, where the EMPLOYERreserves the right to seek indulgence of CONTRACTOR tomaintain the agreed Time Schedule of Completion.In such an event the CONTRACTOR shall be obliged for workingby CONTRACTOR's personnel for additional time beyondstipulated working hours as also Sundays and Holidays andachieve the completion date/interim targets.46 Payment if the contract isterminated:46.1 If the CONTRACT shall be terminated as per Tender pursuant toClause no. 29 of GCC, the CONTRACTOR shall be paid by theEMPLOYER in so far as such amounts or items shall not havealready been covered by payments of amounts made to theCONTRACTOR for the WORK executed and accepted byENGINEER-IN-CHARGE prior to the date of termination at therates and prices provided for in the CONTRACT and in additionto the following:a) The amount payable in respect of any preliminary items, sofar as the Work or service comprised therein has beencarried out or performed and an appropriate portion ascertified by ENGINEER-IN- CHARGE of any such items orservice comprised in which has been partially carried out orperformed.30
General Conditions of Contractb) Any other expenses which the CONTRACTOR hasexpended for performing the WORK under the CONTRACTsubject to being duly recommended byENGINEER-IN-CHARGE and approved by EMPLOYER forpayment, based on documentary evidence of his havingincurred such expenses.46.2 The CONTRACTOR will be further required to transfer the titleand provide the following in the manner and as directed by theEMPLOYER.a) Any and all completed works.b) Such partially completed WORK including drawings,informations and CONTRACT rights as the CONTRACTORhas specially performed, produced or acquired for theperformance of the CONTRACTOR.47 No waiver of rights: 47.1 Neither the inspection by the EMPLOYER or any of their officials,employees, or agents nor any order by the EMPLOYER forpayment of money or any payment for or acceptance of thewhole or any part of the Work by the EMPLOYER nor anyextension of time, nor any possession taken by EMPLOYERshall operate as a waiver of any provision of the CONTRACT, orof any power herein reserved to the EMPLOYER, or any right todamages herein provided, nor shall any waiver of any breach inthe CONTRACT be held to be a waiver of any other subsequentbreach.48 Certificate not to affectright of employer andliability of contractor:48.1 No interim payment certificate(s) issued by the Engineer-in-Charge of the EMPLOYER, nor any sum paid on account by theEMPLOYER, nor any extension of time for execution of the workgranted by EMPLOYER shall affect or prejudice the rights of theEmployer against the CONTRACTOR or relieve theCONTRACTOR of his obligations for the due performance of theCONTRACT, or be interpreted as approval of the WORK done orof the equipment supplied and no certificate shall create liabilityfor the EMPLOYER to pay for alterations, amendments,variations or additional works not ordered, in writing, byEMPLOYER or discharge the liability of the CONTRACTOR forthe payment of damages whether due, ascertained, or certified ornot or any sum against the payment of which he is bound toindemnify the EMPLOYER.49 Language and measures: 49.1 All documents pertaining to the CONTRACT includingSpecifications, Schedules, Notices, Correspondence, operatingand maintenance Instructions, DRAWINGS, or any other writingshall be written in English language. The Metric System ofmeasurement shall be used in the CONTRACT unless otherwisespecified.50 Transfer of title: 50.1 The title of Ownership of supplies furnished by theCONTRACTOR shall not pass on to the EMPLOYER for allSupplies till the same are finally accepted by the EMPLOYERafter the successful completion of PERFORMANCE TEST andGUARANTEE TEST and issue of FINAL CERTIFICATE.50.2 However, the EMPLOYER shall have the lien on all such worksperformed as soon as any advance or progressive payment ismade by the EMPLOYER to the CONTRACTOR and the31
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General Conditions of Contract44.3 The final payment shall not become due until the CONTRACTORdelivers to the ENGINEER-IN-CHARGE a complete release orwaiver of all liens arising or which may arise out of his agreementor receipt in full or certification by the CONTRACTOR in a formapproved by ENGINEER-IN-CHARGE that all invoices for labour,materials, services have been paid in lien thereof and if requiredby the ENGINEER-IN-CHARGE in any case an affidavit that sofar as the CONTRACTOR has knowledge or information thereleases and receipts include all the labour and material for whicha lien could be filled.44.4 CONTRACTOR will indemnify and hold the EMPLOYERharmless, for a period of two years after the issue of FINALCERTIFICATE, from all liens and other encumbrances againstthe EMPLOYER on account of debts or claims alleged to be duefrom the CONTRACTOR or his SUB-CONTRACTOR to anyperson including SUB- CONTRACTOR and on behalf ofEMPLOYER will defend at his own expense, any claim orlitigation brought against the EMPLOYER or the CONTRACTORin connection therewith. CONTRACTOR shall defend or contestat his own expense any fresh claim or litigation by any personincluding his SUB-CONTRACTOR, till its satisfactory settlementeven after the expiry of two years from the date of issue of FINALCERTIFICATE.45 Delays by employer orhis authorised agents:45.1 In case the CONTRACTOR's performance is delayed due to anyact or omission on the part of the EMPLOYER or his authorisedagents, then the CONTRACTOR shall be given due extension oftime for the completion of the WORK, to the extent such omissionon the part of the EMPLOYER has caused delay in theCONTRACTOR's performance of his WORK.45.2 No adjustment in CONTRACT PRICE shall be allowed forreasons of such delays and extensions granted except asprovided in TENDER DOCUMENT, where the EMPLOYERreserves the right to seek indulgence of CONTRACTOR tomaintain the agreed Time Schedule of Completion.In such an event the CONTRACTOR shall be obliged for workingby CONTRACTOR's personnel for additional time beyondstipulated working hours as also Sundays and Holidays andachieve the completion date/interim targets.46 Payment if the contract isterminated:46.1 If the CONTRACT shall be terminated as per Tender pursuant toClause no. 29 of GCC, the CONTRACTOR shall be paid by theEMPLOYER in so far as such amounts or items shall not havealready been covered by payments of amounts made to theCONTRACTOR for the WORK executed and accepted byENGINEER-IN-CHARGE prior to the date of termination at therates and prices provided for in the CONTRACT and in additionto the following:a) The amount payable in respect of any preliminary items, sofar as the Work or service comprised therein has beencarried out or performed and an appropriate portion ascertified by ENGINEER-IN- CHARGE of any such items orservice comprised in which has been partially carried out orperformed.30