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Tender invited for Development of Train Collision Avoidance System

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11.3 FACILITIES FOR TEST AND EXAMINATION<br />

The contractor shall, at his own expense, extend all responsible facilities as may be<br />

necessary <strong>for</strong> satisfying inspecting <strong>of</strong>ficial and himself that the validation is in<br />

accordance with the specified/ identified requirements. The Inspecting Officer<br />

shall have full and free access to the company’s work <strong>for</strong> the purpose a<strong>for</strong>esaid,<br />

any time during the execution <strong>of</strong> the contract. Inspecting <strong>of</strong>ficial may require the<br />

contractor to make arrangements <strong>for</strong> the tools/test equipments needed to<br />

test/validate the system at his premises or at any other place specified by the<br />

Inspecting Officer. If the contractor has been permitted to employ the services <strong>of</strong> a<br />

sub-contractor, he shall in his contract with the sub-contractor, reserve to the<br />

Inspecting Officer a similar right as above.<br />

11.4 COST OF TEST<br />

The contractor shall provide without any extra change all materials, testing<br />

equipment, tools, labour and assistance <strong>of</strong> every kind which the Inspecting Officer<br />

may demand <strong>of</strong> him <strong>for</strong> any test and examination, other than special or independent<br />

test, which he shall require to be made on the contractor’s premises and the<br />

contractor shall bear and pay all costs attendant thereon. If the contractor fails to<br />

comply with the conditions a<strong>for</strong>esaid, the Inspecting Officer shall, in his sole<br />

judgement, be entitled to change the place <strong>for</strong> test and examination related to all or<br />

any <strong>of</strong> the validation processes to any premises other than his (Contractor’s) and in<br />

all such cases the contractor shall bear the cost <strong>of</strong> transport and/or carrying out<br />

such tests elsewhere. A certificate in writing <strong>of</strong> the Inspecting Officer that the<br />

contractor has failed to provide the facilities and the means, <strong>for</strong> test examination<br />

shall be final.<br />

11.5 DELIVERY OF WORK FOR TEST<br />

The contractor shall also provide and deliver <strong>for</strong> test, free <strong>of</strong> charge, at such place<br />

other than his premises as the Inspecting Officer may specify such material or<br />

stores he may require.<br />

12. INDEMNITY<br />

12.1 The contractor shall at all times indemnify the purchaser against all claims which<br />

may be made in respect <strong>of</strong> stores <strong>for</strong> infringement <strong>of</strong> any right protected by patent,<br />

registration <strong>of</strong> designs or trademark, provided always that in the event <strong>of</strong> any claim<br />

in respect <strong>of</strong> alleged breach <strong>of</strong> letters patent registered designs or trademark being<br />

made against the purchaser, the purchaser shall notify the contractor <strong>of</strong> the same<br />

and the contractor shall at his own expense, either settle any such dispute or<br />

conduct any litigation that may arise there from.<br />

13. PACKING<br />

13.1 The contractor shall pack at his own cost the equipment sufficiently and properly<br />

<strong>for</strong> transit by rail/road, air and/or sea as provided in the contract so as to ensure<br />

their being free from loss or damage on arrival at their destination.<br />

14. FREIGHT<br />

The freight and insurance cost <strong>of</strong> the material to the site <strong>of</strong> work shall be borne by<br />

the contractor.<br />

Page 27 <strong>of</strong> 72 <strong>of</strong> Part-II Sec-II

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