REQUEST FOR QUOTATION - GAIL (India)

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

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General Conditions of ContractENGINEER-IN-CHARGE and cost of such tests shall bereimbursed by the EMPLOYER.75 Samples for approval: 75.1 The CONTRACTOR shall furnish to theENGINEER-IN-CHARGE for approval, when requested orif required by the specifications, adequate samples of allmaterials and finished to be used in the WORK. Suchsamples shall be submitted before the WORK iscommenced and in ample time to permit tests andexaminations thereof. All materials furnished and finishesapplied in actual WORK shall be fully equal to the approvedsamples.76 Action and compensation incase of bad work:76.1 If it shall appear to the ENGINEER-IN-CHARGE that anywork has been executed with unsound, imperfect orunskilled workmanship, or with materials of any inferiordescription, or that any materials or articles provided by theCONTRACTOR for the execution of the WORK areunsound, or of a quality inferior to that contracted for, orotherwise not in accordance with the CONTRACT, theCONTRACTOR shall on demand in writing from theENGINEER-IN-CHARGE or his authorised representativespecifying the WORK, materials or articles complained ofnotwithstanding that the same may have been inadvertentlypassed, certified and paid for, forthwith rectify or removeand reconstruct the WORK so specified and provide otherproper and suitable materials or articles at his own cost andin the event of failure to do so within the period specifiedby the ENGINEER-IN-CHARGE in his demand aforesaid,the CONTRACTOR shall be liable to pay compensation atthe rate of 1 % (One percent) of the estimated cost of thewhole WORK, for every week limited to a maximum of 10%(ten percent) of the value of the whole WORK, while hisfailure to do so shall continue and in the case of any suchfailure the ENGINEER-IN-CHARGE may on expiry ofnotice period rectify or remove and re-execute the WORKor remove and replaced with others, the materials orarticles complained of to as the case may be at the risk andexpense in all respects of the CONTRACTOR. Thedecision of the Engineering-in-charge as to any questionarising under this clause shall be final and conclusive.77 Suspension of works: 77.1 i) Subject to the provisions of sub-para (ii) of this clause,the CONTRACTOR shall, if ordered in writing by theENGINEER-IN-CHARGE, or his representative,temporarily suspend the WORKS or any part thereof forsuch written order, proceed with the WORK thereinordered to be suspended until, he shall have received awritten order to proceed therewith. TheCONTRACTOR shall not be entitled to claimcompensation for any loss or damage sustained by himby reason of temporary suspension of the WORKSaforesaid. An extension of time for completion,corresponding with the delay caused by any suchsuspension of the WORKS as aforesaid will be grantedto the ONTRACTOR should he apply for the sameprovided that the suspension was not consequent toany default or failure on the part of the CONTRACTOR.44

General Conditions of Contractii) In case of suspensions of entire WORK, ordered inwriting by ENGINEER-IN-CHARGE, for a period ofmore than two months, the CONTRACTOR shall havethe option to terminate the CONTRACT.78 Employer may do part ofwork:78.1 Upon failure of the CONTRACTOR to comply with anyinstructions given in accordance with the provisions of thisCONTRACT the EMPLOYER has the alternative right,instead of assuming charge of entire WORK, to placeadditional labour force, tools, equipments and materials onsuch parts of the WORK, as the EMPLOYER maydesignate or also engage another CONTRACTOR to carryout the WORK. In such cases, the EMPLOYER shalldeduct from the amount which otherwise might becomedue to the CONTRACTOR, the cost of such work andmaterial with ten percent (10%) added to cover alldepartmental charges and should the total amount thereofexceed the amount due to the CONTRACTOR, theCONTRACTOR shall pay the difference to theEMPLOYER.79 Possession prior tocompletion:80 Defects Liability Period(Twelve months period ofliability from the date of issueof completion certificate):79.1 The ENGINEER-IN-CHARGE shall have the right to takepossession of or use any completed or partially completedWORK or part of the WORK. Such possession or use shallnot be deemed to be an acceptance of any work completedin accordance with the CONTRACT agreement. If suchprior possession or use by the ENGINEER-IN- CHARGEdelays the progress of WORK, equitable adjustment in thetime of completion will be made and the CONTRACTagreement shall be deemed to be modified accordingly.80.1 The CONTRACTOR shall guarantee the installation/WORKfor a period of 12 months from the date of completion ofWORK as certified by the ENGINEER-IN-CHARGE whichis indicated in the Completion Certificate. Any damage ordefect that may arise or lie undiscovered at the time ofissue of Completion Certificate, connected in any way withthe equipment or materials supplied by him or in theworkmanship, shall be rectified or replaced by theCONTRACTOR at his own expense as deemed necessaryby the ENGINEER-IN-CHARGE or in default, theENGINEER- IN-CHARGE may carry out such works byother work and deduct actual cost incurred towards labour,supervision and materials consumables or otherwise plus100% towards overheads (of which the certificate ofENGINEER-IN-CHARGE shall be final) from any sums thatmay then be or at any time thereafter, become due to theCONTRACTOR or from his Contract Performance Security,or the proceeds of sale thereof or a sufficient part onthereof.80.2 If the CONTRACTOR feels that any variation in WORK orin quality of materials or proportions would be beneficial ornecessary to fulfil the guarantees called for, he shall bringthis to the notice of the ENGINEER- IN-CHARGE in writing.If during the period of liability any portion of theWORK/equipment, is found defective and is rectified/replaced, the period of liability for such equipment/ portion45

General Conditions of Contractii) In case of suspensions of entire WORK, ordered inwriting by ENGINEER-IN-CHARGE, for a period ofmore than two months, the CONTRACTOR shall havethe option to terminate the CONTRACT.78 Employer may do part ofwork:78.1 Upon failure of the CONTRACTOR to comply with anyinstructions given in accordance with the provisions of thisCONTRACT the EMPLOYER has the alternative right,instead of assuming charge of entire WORK, to placeadditional labour force, tools, equipments and materials onsuch parts of the WORK, as the EMPLOYER maydesignate or also engage another CONTRACTOR to carryout the WORK. In such cases, the EMPLOYER shalldeduct from the amount which otherwise might becomedue to the CONTRACTOR, the cost of such work andmaterial with ten percent (10%) added to cover alldepartmental charges and should the total amount thereofexceed the amount due to the CONTRACTOR, theCONTRACTOR shall pay the difference to theEMPLOYER.79 Possession prior tocompletion:80 Defects Liability Period(Twelve months period ofliability from the date of issueof completion certificate):79.1 The ENGINEER-IN-CHARGE shall have the right to takepossession of or use any completed or partially completedWORK or part of the WORK. Such possession or use shallnot be deemed to be an acceptance of any work completedin accordance with the CONTRACT agreement. If suchprior possession or use by the ENGINEER-IN- CHARGEdelays the progress of WORK, equitable adjustment in thetime of completion will be made and the CONTRACTagreement shall be deemed to be modified accordingly.80.1 The CONTRACTOR shall guarantee the installation/WORKfor a period of 12 months from the date of completion ofWORK as certified by the ENGINEER-IN-CHARGE whichis indicated in the Completion Certificate. Any damage ordefect that may arise or lie undiscovered at the time ofissue of Completion Certificate, connected in any way withthe equipment or materials supplied by him or in theworkmanship, shall be rectified or replaced by theCONTRACTOR at his own expense as deemed necessaryby the ENGINEER-IN-CHARGE or in default, theENGINEER- IN-CHARGE may carry out such works byother work and deduct actual cost incurred towards labour,supervision and materials consumables or otherwise plus100% towards overheads (of which the certificate ofENGINEER-IN-CHARGE shall be final) from any sums thatmay then be or at any time thereafter, become due to theCONTRACTOR or from his Contract Performance Security,or the proceeds of sale thereof or a sufficient part onthereof.80.2 If the CONTRACTOR feels that any variation in WORK orin quality of materials or proportions would be beneficial ornecessary to fulfil the guarantees called for, he shall bringthis to the notice of the ENGINEER- IN-CHARGE in writing.If during the period of liability any portion of theWORK/equipment, is found defective and is rectified/replaced, the period of liability for such equipment/ portion45

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