NATIONAL ALUMINIUM COMPANY LIMITED - Rites

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wile make the defective plant good or to make it comply with the requirements of the contract.
Should he fail to do so within a reasonable time, the Purchaser may reject and, replace at the cost
of the Contractor the whole or any portion of the plant as the case may be, which is defective or
fails to fulfill the requirements of the Contract. Such replacement shall be carried out by the
Purchaser within a reasonable time and at a reasonable price, and where reasonably possible to
the same specification and under comparative condition. The Contractor’s full and extreme liability
under the clause shall be satisfied by the payment to the purchaser of the original contract price
including charges of erection and/or supervision of erection plus the difference if any between the
replacement price of the equipment including charges for erection and /or supervision of erection
and the original contract price including charges for erection and / or supervision of erection in
respect of such defective plant.
In the event of such rejection, the Purchaser shall have the right to operate any and all equipment
as soon as and as long as it is in operating condition, whether or not, such equipment has been
accepted as complete and satisfactory, to enable him to obtain necessary replacement, except that
this shall not be construed to permit operation of any equipment which may become damaged by
such operation before any required alternations or repairs and/or replacement have been made. All
repairs or alternations or replacement required of the Contractor shall be made by the Contractor at
such times as directed and in such manner as will cause the minimum interruption in the use of the
equipment by the Purchaser. Should the Purchaser not so replace the rejected plant within a
reasonable time, the Contractor’s full and extreme liability under his clause will be satisfied by the
repayment of all money paid by the Purchaser to him in respect of such plant.
Nothing in this clause shall be deemed to deprive the Purchaser or affect any rights under the
contract which he may otherwise have in respect of such defects or deficiencies or in any way
relieve the Contractor of his obligations under the contract.
24.00 COMPLETION CERTIFICATE & FINAL CERTIFICATE
24.01 Application for Completion Certificate
When the contractor fulfils his obligation under the contract he shall be eligible to apply for
completion certificate in respect of the work by submitting the completion documents along with
such application for completion certificate.
The owner or his representative shall normally issue to the Contractor the completion certificate
within one month after receiving an application from the Contractor after verifying from the
completion documents and satisfying himself that the work has been completed in accordance with
and as set out in the construction and erection drawings, and the contract documents.
The contractor, after obtaining the completion certificate, is eligible to present the final bill for the
work executed by him under the terms of contract.
Tender Documents Commercial (Indigenous) Page 23 of 56