NATIONAL ALUMINIUM COMPANY LIMITED - Rites

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41.00 EFFECT & JURISDICTION OF CONTRACT
41.01 The contract shall be considered as having come into force from the date of the acceptance of
Letter of Intent.
41.02 The laws applicable to this contract shall be in the laws in force in India. The courts of Orissa shall
have exclusive jurisdiction in all matters arising under the contract.
42.00 TIME IS THE ESSENCE OF CONTRACT
42.01 The time and the date of completion of the works as stipulated in the contractor’s proposal and
accepted by the owner without or with modifications, if any, and so incorporated in the Letter of
Intent, shall be deemed to be the essence of the contract. The Contract shall so organize his
resources and perform his work as to complete it not later than the date agreed to.
42.02 The Contractor shall submit a detailed PERT Network within the time frame agreed above covering
various key phases of the works such as design, procurement, manufacturing, shipment and field
erection activities within thirty (30) days after the date of Letter of Intent. This network shall also
indicate the interface facilities to be provided by the Owner and the dates by which such facilities
are needed.
Contractor shall discuss the network so submitted with the owner. The agreed network which may
be in the form as submitted or in revised form in line with the outcome of discussions shall form
part of the Contract to be signed within sixty (60) days from the date of acceptance of Letter of
Intent. During the performance of the contract, if in the opinion of the Engineer proper progress is
not maintained suitable changes shall be made in the contractor’s operations to ensure proper
progress.
42.03 The above PERT network shall be reviewed and periodic review reports shall be submitted by the
Contractor as directed by the Engineer.
42.04 Within a month of the award of the contract, the Contractor shall make available to the Engineer, a
detailed manufacturing programme, in line with the agreed contract network. Such manufacturing
program shall be reviewed, updated and submitted to the Engineer once every two months
thereafter.
43.00 ERECTION SUPERVISION SERVICES
The Contractor, if required by the Purchaser, shall furnish the services of one or more supervisors,
to render technical advice, assistance and guidance to the Purchaser in connection with the
erection and/or commissioning of equipment subject to the provisions herein after set forth. In case
of complete erection of plant and materials such services shall automatically be included in the
scope of the Contractor and no extra charges shall be applicable.
Tender Documents Commercial (Indigenous) Page 33 of 56