REQUEST FOR QUOTATION - GAIL (India)

General Conditions of Contractof WORK shall be operative from the date suchrectification/ replacement are carried out and ContractPerformance Guarantee shall be furnished separately forthe extended period of liability for that portion of WORK/equipment only. Notwithstanding the above provisions thesupplier's, guarantees/warantees for the replacedequipment shall also be passed on to the EMPLOYER.80.3 LIMITATION OF LIABILITYNotwithstanding anything contrary contained herein, theaggregate total liability of CONTRACTOR under theAgreement or otherwise shall be limited to 100% ofAgreement / Contract Value. However, neither party shallbe liable to the other party for any indirect andconsequential damages, loss of profits or loss ofproduction.81 Care of works: 81.0 From the commencement to completion of the WORK, theCONTRACTOR shall take full responsibility for the care forall works including all temporary works and in case anydamages, loss or injury shall happen to the WORK or toany part thereof or to any temporary works from any causewhatsoever, shall at his own cost repair and make good thesame so that at completion the WORK shall be in goodorder and in conformity in every respects with therequirement of the CONTRACT and theENGINEER-IN- CHARGE's instructions.81.1 DEFECTS PRIOR TO TAKING OVER:If at any time, before the WORK is taken over, theENGINEER-IN-CHARGE shall:a) Decide that any works done or materials used by theCONTRACTOR or by any SUB-CONTRACTOR isdefective or not in accordance with the CONTRACT, orthat the works or any portion thereof are defective, or donot fulfill the requirements of CONTRACT (all suchmatters being hereinafter, called `Defects' in thisclause), andb) As soon as reasonably practicable, gives to theCONTRACTOR notice in writing of the said decision,specifying particulars of the defects alleged to exist or tohave occurred, then the CONTRACTOR shall at hisown expenses and with all speed make good thedefects so specified.In case CONTRACTOR shall fail to do so, the EMPLOYERmay take, at the cost of the CONTRACTOR, such steps asmay in all circumstances, be reasonable to make goodsuch defects. The expenditure so incurred by theEMPLOYER will be recovered from the amount due to theCONTRACTOR. The decision of theENGINEER-IN-CHARGE with regard to the amount to berecovered from the CONTRACTOR will be final and bindingon the CONTRACTOR. As soon as the WORK has beencompleted in accordance with the CONTRACT (except inminor respects that do not affect their use for the purpose46