GAIL (India) Limited MECON LIMITED
GAIL (India) Limited MECON LIMITED GAIL (India) Limited MECON LIMITED
EMPLOYER and the CONTRACTOR for the execution of the worksincluding therein all contract documents.1.1.11 The "SPECIFICATION" shall mean all directions the various technicalspecifications, provisions attached and referred to the TenderDocuments which pertain to the method and manner of performing thework or works to the quantities and qualities of the work or works andthe materials to be furnished under the CONTRACT for the work orworks, as may be amplified or modified by the GAIL orENGINEER-IN-CHARGE during the performance of CONTRACT inorder to provide the unforseen conditions or in the best interests of thework or works. It shall also include the latest edition of relevantStandard Specifications including all addenda/corrigenda publishedbefore entering into CONTRACT.1.1.12 The "DRAWINGS" shall include maps, plans and tracings or prints orsketches thereof with any modifications approved in writing by theENGINEER- IN-CHARGE and such other drawing as may, from timeto time, be furnished or approved in writing by theENGINEER-IN-CHARGE.1.1.13 The "TENDER" means the proposal along with supporting documentssubmitted by the CONTRACTOR for consideration by theEMPLOYER.1.1.14 The "CHANGE ORDER" means an order given in writing by theENGINEER-IN-CHARGE to effect additions to or deletion from andalteration in the works.1.1.15 The "COMPLETION CERTIFICATE" shall mean the certificate to beissued by the ENGINEER-IN-CHARGE when the works have beencompleted entirely in accordance with CONTRACT DOCUMENT to hissatisfaction.1.1.16 The "FINAL CERTIFICATE" in relation to a work means the certificateregarding the satisfactory compliance of various provision of theCONTRACT by the CONTRACTOR issued by the ENGINEER-IN-CHARGE/EMPLOYER after the period of liability is over.1.1.17 “DEFECT LIABILITY PERIOD” in relation to a work means thespecified period from the date of COMPLETION CERTIFICATE uptothe date of issue of FINAL CERTIFICATE during which theCONTRACTOR stands responsible for rectifying all defects that mayappear in the works executed by the CONTRACTOR in pursuance ofthe CONTRACT and includes warranties againstManufacturing/Fabrication/ Erection/Construction defects covering allmaterials plants, equipment, components, and the like supplied by theCONTRACTOR, works executed against workmanship defects.1.1.18 The "APPOINTING AUTHORITY" for the purpose of arbitration shallbe the CHAIRMAN and MANAGING DIRECTOR or any other personso designated by the EMPLOYER.1.1.19 "TEMPORARY WORKS" shall mean all temporary works of every kindrequired in or about the execution, completion or maintenance ofworks.1.1.20 "PLANS" shall mean all maps, sketches and layouts as areincorporated in the CONTRACT in order to define broadly the scopeand specifications of the work or works, and all reproductions thereof.
1.1.21 "SITE" shall mean the lands and other places on, under, in or throughwhich the permanent works are to be carried out and any other landsor places provided by the EMPLOYER for the purpose of theCONTRACT.1.1.22 "NOTICE IN WRITING OR WRITTEN NOTICE" shall mean a notice inwritten, typed or printed characters sent (unless delivered personally orotherwise proved to have been received by the addressee) byregistered post to the latest known private or business address orregistered office of the addressee and shall be deemed to have beenreceived in the ordinary course of post it would have been delivered.1.1.23 "APPROVED" shall mean approved in writing including subsequentwritten confirmation of previous verbal approval and "APPROVAL"means approval in writing including as aforesaid.1.1.24 "LETTER OF INTENT/FAX OF INTENT” shall mean intimation by aFax/Letter to Tenderer(s) that the tender has been accepted inaccordance with the provisions contained in the letter.1.1.25 "DAY" means a day of 24 hours from midnight to midnight irrespectiveof the number of hours worked in that day.1.1.26 "WORKING DAY" means any day which is not declared to be holidayor rest day by the EMPLOYER.1.1.27 "WEEK" means a period of any consecutive seven days.1.1.28 "METRIC SYSTEM" - All technical documents regarding theconstruction of works are given in the metric system and all work in theproject should be carried out according to the metric system. Alldocuments concerning the work shall also be maintained in the metricsystem.1.1.29 "VALUE OF CONTRACT” or “TOTAL CONTRACT PRICE” shall meanthe sum accepted or the sum calculated in accordance with the pricesaccepted in tender and/or the CONTRACT rates as payable to theCONTRACTOR for the entire execution and full completion of thework, including change order.1.1.30 "LANGUAGE FOR DRAWINGS AND INSTRUCTION" All thedrawings, titles, notes, instruction, dimensions, etc. shall be in EnglishLanguage.1.1.31 "MOBILIZATION" shall mean establishment of sufficiently adequateinfrastructure by the CONTRACTOR at "SITE" comprising ofconstruction equipments, aids, tools tackles including setting of siteoffices with facilities such as power, water, communication etc.establishing manpower organisation comprising of ResidentEngineers, Supervising personnel and an adequate strength of skilled,semi-skilled and un-skilled workers, who with the so establishedinfrastructure shall be in a position to commence execution of work atsite(s), in accordance with the agreed Time Schedule of Completion ofWork. "MOBILISATION" shall be considered to have been achieved, ifthe CONTRACTOR is able to establish infrastructure as per TimeSchedule, where so warranted in accordance with agreed schedule ofwork implementation to the satisfaction of ENGINEER-IN-CHARGE/EMPLOYER.
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1.1.21 "SITE" shall mean the lands and other places on, under, in or throughwhich the permanent works are to be carried out and any other landsor places provided by the EMPLOYER for the purpose of theCONTRACT.1.1.22 "NOTICE IN WRITING OR WRITTEN NOTICE" shall mean a notice inwritten, typed or printed characters sent (unless delivered personally orotherwise proved to have been received by the addressee) byregistered post to the latest known private or business address orregistered office of the addressee and shall be deemed to have beenreceived in the ordinary course of post it would have been delivered.1.1.23 "APPROVED" shall mean approved in writing including subsequentwritten confirmation of previous verbal approval and "APPROVAL"means approval in writing including as aforesaid.1.1.24 "LETTER OF INTENT/FAX OF INTENT” shall mean intimation by aFax/Letter to Tenderer(s) that the tender has been accepted inaccordance with the provisions contained in the letter.1.1.25 "DAY" means a day of 24 hours from midnight to midnight irrespectiveof the number of hours worked in that day.1.1.26 "WORKING DAY" means any day which is not declared to be holidayor rest day by the EMPLOYER.1.1.27 "WEEK" means a period of any consecutive seven days.1.1.28 "METRIC SYSTEM" - All technical documents regarding theconstruction of works are given in the metric system and all work in theproject should be carried out according to the metric system. Alldocuments concerning the work shall also be maintained in the metricsystem.1.1.29 "VALUE OF CONTRACT” or “TOTAL CONTRACT PRICE” shall meanthe sum accepted or the sum calculated in accordance with the pricesaccepted in tender and/or the CONTRACT rates as payable to theCONTRACTOR for the entire execution and full completion of thework, including change order.1.1.30 "LANGUAGE FOR DRAWINGS AND INSTRUCTION" All thedrawings, titles, notes, instruction, dimensions, etc. shall be in EnglishLanguage.1.1.31 "MOBILIZATION" shall mean establishment of sufficiently adequateinfrastructure by the CONTRACTOR at "SITE" comprising ofconstruction equipments, aids, tools tackles including setting of siteoffices with facilities such as power, water, communication etc.establishing manpower organisation comprising of ResidentEngineers, Supervising personnel and an adequate strength of skilled,semi-skilled and un-skilled workers, who with the so establishedinfrastructure shall be in a position to commence execution of work atsite(s), in accordance with the agreed Time Schedule of Completion ofWork. "MOBILISATION" shall be considered to have been achieved, ifthe CONTRACTOR is able to establish infrastructure as per TimeSchedule, where so warranted in accordance with agreed schedule ofwork implementation to the satisfaction of ENGINEER-IN-CHARGE/EMPLOYER.
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