GAIL (India) Limited MECON LIMITED
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GAIL (India) Limited MECON LIMITED

GAIL (India) Limited MECON LIMITED GAIL (India) Limited MECON LIMITED

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the WORK and the maintenance period, proper means of accesswith ladders, gangways etc. and the necessary attendance to moveand adopt as directed for inspection or measurements of the WORKby the ENGINEER- IN-CHARGE.73.3 The CONTRACTOR shall make available to the ENGINEER-IN-CHARGE free of cost all necessary instruments and assistance inchecking or setting out of WORK and in the checking of any WORKmade by the CONTRACTOR for the purpose of setting out andtaking measurements of WORK.74 Tests for quality of work: 74.1 All workmanship shall be of the respective kinds described in theCONTRACT DOCUMENTS and in accordance with the instructionsof the ENGINEER-IN-CHARGE and shall be subjected from time totime to such test at CONTRACTOR's cost as theENGINEER-IN-CHARGE may direct at the place of manufacture orfabrication or on the site or at all or any such places. TheCONTRACTOR shall provide assistance, instruments, labour andmaterials as are normally required for examining, measuring andtesting any workmanship as may be selected and required by theENGINEER-IN-CHARGE.74.2 All the tests that will be necessary in connection with the executionof the WORK as decided by the ENGINEER- IN-CHARGE shall becarried out at the field testing laboratory of the EMPLOYER bypaying the charges as decided by the EMPLOYER from time totime. In case of non- availability of testing facility with theEMPLOYER, the required test shall be carried out at the cost ofCONTRACTOR at Government or any other testing laboratory asdirected by ENGINEER-IN-CHARGE.74.3 If any tests are required to be carried out in conjunction with theWORK or materials or workmanship not supplied by theCONTRACTOR, such tests shall be carried out by theCONTRACTOR as per instructions of ENGINEER-IN-CHARGE andcost of such tests shall be reimbursed by the EMPLOYER.75 Samples for approval: 75.1 The CONTRACTOR shall furnish to the ENGINEER-IN-CHARGEfor approval, when requested or if required by the specifications,adequate samples of all materials and finished to be used in theWORK. Such samples shall be submitted before the WORK iscommenced and in ample time to permit tests and examinationsthereof. All materials furnished and finishes applied in actualWORK shall be fully equal to the approved samples.76 Action and compensation incase of bad work:76.1 If it shall appear to the ENGINEER-IN-CHARGE that any work hasbeen executed with unsound, imperfect or unskilled workmanship,or with materials of any inferior description, or that any materials orarticles provided by the CONTRACTOR for the execution of theWORK are unsound, 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 remove andreconstruct the WORK so specified and provide other proper andsuitable materials or articles at his own cost and in the event offailure to do so within the period specified by theENGINEER-IN-CHARGE in his demand aforesaid, the

CONTRACTOR shall be liable to pay compensation at the rate of 1% (One percent) of the estimated cost of the whole WORK, forevery week limited to a maximum of 10% (ten percent) of the valueof the whole WORK, while his failure to do so shall continue and inthe case of any such failure the ENGINEER-IN-CHARGE may onexpiry of notice period rectify or remove and re-execute the WORKor remove and replaced with others, the materials or articlescomplained of to as the case may be at the risk and expense in allrespects of the CONTRACTOR. The decision of theEngineering-in-charge as to any question arising under this clauseshall be final and conclusive.77 Suspension of works: 77.1 i) Subject to the provisions of sub-para (ii) of this clause, theCONTRACTOR shall, if ordered in writing by theENGINEER-IN-CHARGE, or his representative, temporarilysuspend the WORKS or any part thereof for such writtenorder, proceed with the WORK therein ordered to besuspended until, he shall have received a written order toproceed therewith. The CONTRACTOR shall not beentitled to claim compensation for any loss or damagesustained by him by reason of temporary suspension of theWORKS aforesaid. An extension of time for completion,corresponding with the delay caused by any suchsuspension of the WORKS as aforesaid will be granted tothe CONTRACTOR should he apply for the same providedthat the suspension was not consequent to any default orfailure on the part of the CONTRACTOR.ii)In case of suspensions of entire WORK, ordered in writingby ENGINEER-IN-CHARGE, for a period of more thantwo months, the CONTRACTOR shall have the option toterminate the CONTRACT.78 Employer may do part ofwork:78.1 Upon failure of the CONTRACTOR to comply with any instructionsgiven in accordance with the provisions of this CONTRACT theEMPLOYER has the alternative right, instead of assuming chargeof entire WORK, to place additional labour force, tools, equipmentsand materials on such parts of the WORK, as the EMPLOYER maydesignate or also engage another CONTRACTOR to carry out theWORK. In such cases, the EMPLOYER shall deduct from theamount which otherwise might become due to the CONTRACTOR,the cost of such work and material with ten percent (10%) added tocover all departmental charges and should the total amount thereofexceed the amount due to the CONTRACTOR, the CONTRACTORshall pay the difference to the EMPLOYER.79 Possession prior tocompletion:80 (Defects liability period)twelve months period ofliability from the date of79.1 The ENGINEER-IN-CHARGE shall have the right to takepossession of or use any completed or partially completed WORKor part of the WORK. Such possession or use shall not be deemedto be an acceptance of any work completed in accordance with theCONTRACT agreement. If such prior possession or use bythe ENGINEER-IN- CHARGE delays the progress of WORK,equitable adjustment in the time of completion will be made and theCONTRACT agreement shall be deemed to be modifiedaccordingly.80.1 The CONTRACTOR shall guarantee the installation/WORK for aperiod of 12 months from the date of completion of WORK ascertified by the ENGINEER-IN-CHARGE which is indicated in the

the WORK and the maintenance period, proper means of accesswith ladders, gangways etc. and the necessary attendance to moveand adopt as directed for inspection or measurements of the WORKby the ENGINEER- IN-CHARGE.73.3 The CONTRACTOR shall make available to the ENGINEER-IN-CHARGE free of cost all necessary instruments and assistance inchecking or setting out of WORK and in the checking of any WORKmade by the CONTRACTOR for the purpose of setting out andtaking measurements of WORK.74 Tests for quality of work: 74.1 All workmanship shall be of the respective kinds described in theCONTRACT DOCUMENTS and in accordance with the instructionsof the ENGINEER-IN-CHARGE and shall be subjected from time totime to such test at CONTRACTOR's cost as theENGINEER-IN-CHARGE may direct at the place of manufacture orfabrication or on the site or at all or any such places. TheCONTRACTOR shall provide assistance, instruments, labour andmaterials as are normally required for examining, measuring andtesting any workmanship as may be selected and required by theENGINEER-IN-CHARGE.74.2 All the tests that will be necessary in connection with the executionof the WORK as decided by the ENGINEER- IN-CHARGE shall becarried out at the field testing laboratory of the EMPLOYER bypaying the charges as decided by the EMPLOYER from time totime. In case of non- availability of testing facility with theEMPLOYER, the required test shall be carried out at the cost ofCONTRACTOR at Government or any other testing laboratory asdirected by ENGINEER-IN-CHARGE.74.3 If any tests are required to be carried out in conjunction with theWORK or materials or workmanship not supplied by theCONTRACTOR, such tests shall be carried out by theCONTRACTOR as per instructions of ENGINEER-IN-CHARGE andcost of such tests shall be reimbursed by the EMPLOYER.75 Samples for approval: 75.1 The CONTRACTOR shall furnish to the ENGINEER-IN-CHARGEfor approval, when requested or if required by the specifications,adequate samples of all materials and finished to be used in theWORK. Such samples shall be submitted before the WORK iscommenced and in ample time to permit tests and examinationsthereof. All materials furnished and finishes applied in actualWORK shall be fully equal to the approved samples.76 Action and compensation incase of bad work:76.1 If it shall appear to the ENGINEER-IN-CHARGE that any work hasbeen executed with unsound, imperfect or unskilled workmanship,or with materials of any inferior description, or that any materials orarticles provided by the CONTRACTOR for the execution of theWORK are unsound, 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 remove andreconstruct the WORK so specified and provide other proper andsuitable materials or articles at his own cost and in the event offailure to do so within the period specified by theENGINEER-IN-CHARGE in his demand aforesaid, the

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