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

ight of employer and
liability of contractor:
Charge of the EMPLOYER, nor any sum paid on account by the
EMPLOYER, nor any extension of time for execution of the work
granted by EMPLOYER shall affect or prejudice the rights of the
Employer against the CONTRACTOR or relieve the
CONTRACTOR of his obligations for the due performance of the
CONTRACT, or be interpreted as approval of the WORK done or
of the equipment supplied and no certificate shall create liability
for the EMPLOYER to pay for alterations, amendments,
variations or additional works not ordered, in writing, by
EMPLOYER or discharge the liability of the CONTRACTOR for
the payment of damages whether due, ascertained, or certified or
not or any sum against the payment of which he is bound to
indemnify the EMPLOYER.
49 Language and measures: 49.1 All documents pertaining to the CONTRACT including
Specifications, Schedules, Notices, Correspondence, operating
and maintenance Instructions, DRAWINGS, or any other writing
shall be written in English language. The Metric System of
measurement shall be used in the CONTRACT unless otherwise
specified.
50 Transfer of title: 50.1 The title of Ownership of supplies furnished by the
CONTRACTOR shall not pass on to the EMPLOYER for all
Supplies till the same are finally accepted by the EMPLOYER
after the successful completion of PERFORMANCE TEST and
GUARANTEE TEST and issue of FINAL CERTIFICATE.
50.2 However, the EMPLOYER shall have the lien on all such works
performed as soon as any advance or progressive payment is
made by the EMPLOYER to the CONTRACTOR and the
CONTRACTOR shall not subject these works for use other than
those intended under this CONTRACT.
51 Release of information: 51.1 The CONTRACTOR shall not communicate or use in advertising,
publicity, sales releases or in any other medium, photographs, or
other reproduction of the Work under this CONTRACT or
description of the site dimensions, quantity , quality or other
information, concerning the Work unless prior written permission
has been obtained from the EMPLOYER.
52
53
Brand names:
Completion of contract:
52.1 The specific reference in the SPECIFICATIONS and documents
to any material by trade name, make or catalogue number shall
be construed as establishing standard or quality and
performance and not as limited competition. However,
TENDERER may offer other similar equipments provided it
meets the specified standard design and performance
requirements.
53.1 Unless otherwise terminated under the provisions of any other
relevant clause, this CONTRACT shall be deemed to have been
completed at the expiration of the PERIOD OF LIABILITY as
provided for under the CONTRACT.
54 Spares: 54.1 The CONTRACTOR shall furnish to the EMPLOYER all spares
required for COMMISSIONING of the plants, recommendatory
and/or mandatory spares, which are required essential by the
manufacturer/supplier. The same shall be delivered at SITE,
3(Three) months before COMMISSIONING.
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