REQUEST FOR QUOTATION - GAIL (India)

General Conditions of Contract83 Training of employer'spersonnel:84 Replacement of defectiveparts and materials:83.1 The CONTRACTOR undertakes to provide training toEngineering personnel selected and sent by theEMPLOYER at the works of the CONTRACTOR withoutany cost to the EMPLOYER. The period and the nature oftraining for the individual personnel shall be agreed uponmutually between the CONTRACTOR and theEMPLOYER. These engineering personnel shall be givenspecial training at the shops, where the equipment will bemanufactured and/ or in their collaborator's works andwhere possible, in any other plant where equipmentmanufactured by the CONTRACTOR or his collaborators isunder installation or test to enable those personnel tobecome familiar with the equipment being furnished by theCONTRACTOR. EMPLOYER shall bear only the to andfro fare of the said engineering personnel.84.1 If during the progress of the WORK, EMPLOYER shalldecide and inform in writing to the CONTRACTOR, that theCONTRACTOR has manufactured any plant or part of theplant unsound or imperfect or has furnished plant inferior tothe quality specified, the CONTRACTOR on receivingdetails of such defects or deficiencies shall at his ownexpenses within 7 (seven) days of his receiving the notice,or otherwise within such time as may be reasonablynecessary for making it good, proceed to alter, re-constructor remove such work and furnish fresh equipments upto thestandards of the specifications. In case theCONTRACTOR fails to do so, EMPLOYER may on givingthe CONTRACTOR 7 (seven) day's notice in writing of hisintentions to do so, proceed to remove the portion of theWORK so complained of and at the cost ofCONTRACTOR's, perform all such works or furnish allsuch equipments provided that nothing in the clause shallbe deemed to deprive the EMPLOYER of or affect anyrights under the CONTRACT, the EMPLOYER mayotherwise have in respect of such defects and deficiencies.84.2 The CONTRACTOR's full and extreme liability under thisclause shall be satisfied by the payments to theEMPLOYER of the extra cost, of such replacementsprocured including erection/installation as provided for inthe CONTRACT; such extra cost being the ascertaineddifference between the price paid by the EMPLOYER forsuch replacements and the CONTRACT price portion forsuch defective plants and repayments of any sum paid bythe EMPLOYER to the CONTRACTOR in respect of suchdefective plant. Should the EMPLOYER not so replace thedefective plant the CONTRACTOR's extreme liability underthis clause shall be limited to the repayment of all suchsums paid by the EMPLOYER under the CONTRACT forsuch defective plant.85 Indemnity 85.1 If any action is brought before a Court, Tribunal or anyother Authority against the Employer or an officer or agentof the EMPLOYER, for the failure, omission or neglect onthe part of the CONTRACTOR to perform any acts,matters, covenants or things under the CONTRACT, ordamage or injury caused by the alleged omission ornegligence on the part of the CONTRACTOR, his agents,representatives or his SUB- CONTRACTOR's, or in48