Procurement of amc(annual maintenance contract) for hvac ... - GAIL

85 Indemnity 85.1 If any action is brought before a Court, Tribunal or any other
Authority against the Employer or an officer or agent of the
EMPLOYER, for the failure, omission or neglect on the part of the
CONTRACTOR to perform any acts, matters, covenants or things
under the CONTRACT, or damage or injury caused by the alleged
omission or negligence on the part of the CONTRACTOR, his
agents, representatives or his SUB- CONTRACTOR's, or in
connection with any claim based on lawful demands of
SUB-CONTRACTOR's workmen suppliers or employees, the
CONTRACTOR, shall in such cases indemnify and keep the
EMPLOYER and/or their representatives harmless from all losses,
damages, expenses or decrees arising out of such action.
86 Construction aids,
equipments, tools & tackles:
87 Schedule of rates and
payments:
86.1 CONTRACTOR shall be solely responsible for making
available for executing the WORK, all requisite CONSTRUCTION
EQUIPMENTS, Special Aids, Barges, Cranes and the like, all
Tools, Tackles and Testing Equipment and Appliances, including
imports of such equipment etc. as required. In case of import of the
same the rates applicable for levying of Custom Duty on such
Equipment, Tools, & Tackles and the duty drawback applicable
thereon shall be ascertained by the CONTRACTOR from the
concerned authorities of Government of India. It shall be clearly
understood that EMPLOYER shall not in any way be responsible for
arranging to obtain Custom Clearance and/or payment of any duties
and/or duty draw backs etc. for such equipments so imported by the
CONTRACTOR and the CONTRACTOR shall be fully responsible
for all taxes, duties and documentation with regard to the same.
Tenderer in his own interest may contact, for any clarifications in the
matter, concerned agencies/Dept./Ministries of Govt. of India. All
clarifications so obtained and interpretations thereof shall be solely
the responsibility of the CONTRACTOR.
SECTION-VI Certificates and Payments
87.1 i) CONTRACTOR'S REMUNERATION:
The price to be paid by the EMPLOYER to CONTRACTOR
for the whole of the WORK to be done and for the
performance of all the obligations undertaken by the
CONTRACTOR under the CONTRACT DOCUMENTS
shall be ascertained by the application of the respective
Schedule of Rates (the inclusive nature of which is more
particularly defined by way of application but not of
limitation, with the succeeding sub-clause of this clause)
and payment to be made accordingly for the WORK
actually executed and approved by the ENGINEER-
IN-CHARGE. The sum so ascertained shall (excepting
only as and to the extent expressly provided herein)
constitute the sole and inclusive remuneration of the
CONTRACTOR under the CONTRACT and no further or
other payment whatsoever shall be or become due or
payable to the CONTRACTOR under the CONTRACT.
ii) SCHEDULE OF RATES TO BE INCLUSIVE:
The prices/rates quoted by the CONTRACTOR shall
remain firm till the issue of FINAL CERTIFICATE and shall
not be subject to escalation. Schedule of Rates shall be
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