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

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General Conditions <strong>of</strong> Contract<br />

Section- I. Definitions<br />

1. Definition <strong>of</strong> Terms: 1.1 In this CONTRACT (as here-in-after defined) the following words and<br />

expressions shall have the meanings hereby assigned to them except<br />

where the context otherwise required.<br />

1.1.1 The EMPLOYER/COMPANY/<strong>GAIL</strong> means <strong>GAIL</strong> (INDIA) LTD., a<br />

public limited company, incorporated under the Company’s act 1956<br />

and having its Registered <strong>of</strong>fice at 16, Bhikaji Cama Place, New Delhi<br />

110066 and includes its successors and assigns.<br />

1.1.2 The "CONTRACTOR" means the person or the persons, firm or<br />

Company or corporation whose tender has been accepted by the<br />

EMPLOYER and includes the CONTRACTOR's legal Representatives<br />

his successors and permitted assigns.<br />

1.1.3 The ENGINEER/ENGINEER-IN-CHARGE" shall mean the person<br />

designated from time to time by the <strong>GAIL</strong> and shall include those who<br />

are expressly authorized by him to act <strong>for</strong> and on his behalf <strong>for</strong><br />

operation <strong>of</strong> this CONTRACT.<br />

1.1.4 The "WORK" shall mean and include all items and things to be<br />

supplied/ done and services and activities to be per<strong>for</strong>med by the<br />

CONTRACTOR in pursuant to and in accordance with CONTRACT or<br />

part there<strong>of</strong> as the case may be and shall include all extra, additional,<br />

altered or substituted works as required <strong>for</strong> purpose <strong>of</strong> the<br />

CONTRACT.<br />

1.1.5 The "PERMANENT WORK" means and includes works which will be<br />

incorporated in and <strong>for</strong>m a part <strong>of</strong> the work to be handed over to the<br />

EMPLOYER by the CONTRACTOR on completion <strong>of</strong> the<br />

CONTRACT.<br />

1.1.6 "CONSTRUCTION EQUIPMENT" means all appliances/equipment<br />

and things whatsoever nature <strong>for</strong> the use in or <strong>for</strong> the execution,<br />

completion, operation, or <strong>maintenance</strong> <strong>of</strong> the work or temporary works<br />

(as hereinafter defined) but does not include materials or other things<br />

intended to <strong>for</strong>m or to be incorporated into the WORK, or camping<br />

facilities.<br />

1.1.7 "CONTRACT DOCUMENTS" means collectively the Tender<br />

Documents, Designs, Drawings, Specification, Schedule <strong>of</strong> Quantities<br />

and Rates, Letter <strong>of</strong> Acceptance and agreed variations if any, and<br />

such other documents constituting the tender and acceptance there<strong>of</strong>.<br />

1.1.8 CONSULTANT: means ------------------------------- who are the consulting<br />

engineer to the Employer <strong>for</strong> this project and having registered <strong>of</strong>fice at<br />

-----------------------------------------------------------------------------------------------<br />

---------------------------------------------------------------<br />

1.1.9 The "SUB-CONTRACTOR" means any person or firm or Company<br />

(other than the CONTRACTOR) to whom any part <strong>of</strong> the work has<br />

been entrusted by the CONTRACTOR, with the written consent <strong>of</strong> the<br />

ENGINEER-IN-CHARGE, and the legal representatives, successors<br />

and permitted assigns <strong>of</strong> such person, firm or company.<br />

Page 56 <strong>of</strong> 158

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