04.08.2013 Views

Hiring of VPN Services for GAIL Agartala

Hiring of VPN Services for GAIL Agartala

Hiring of VPN Services for GAIL Agartala

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

such claim and no delay in dealing therewith shall be waiver<br />

by EMPLOYER <strong>of</strong> any rights in respect there<strong>of</strong>.<br />

Should CONTRACTOR consider that he is entitled to any<br />

extra payment <strong>for</strong> any extra/additional WORKS or<br />

MATERIAL change in original SPECIFICATIONS carried<br />

out by him in respect <strong>of</strong> WORK he shall <strong>for</strong>thwith give<br />

notice in writing to the ENGINEER and EMPLOYER that<br />

he claims extra payment. Such notice shall be given to the<br />

ENGINEER and EMPLOYER upon which CONTRACTOR<br />

bases such claims and such notice shall contain full<br />

particulars <strong>of</strong> the nature <strong>of</strong> such claim with full details <strong>of</strong><br />

amount claimed. Irrespective <strong>of</strong> any provision in the<br />

CONTRACT to the contrary, the CONTRACTOR must<br />

intimate his intention to lodge claim on the OWNER within<br />

10 (ten) days <strong>of</strong> the commencement <strong>of</strong> happening <strong>of</strong> the<br />

event and quantify the claim within 30 (thirty) days, failing<br />

which the CONTRACTOR will lose his right to claim any<br />

compensation/reimbursement damages etc. or refer the matter<br />

to arbitration. Failure on the part <strong>of</strong> CONTRACTOR to put<br />

<strong>for</strong>ward any claim without the necessary particulars as above<br />

within the time above specified shall be an absolute waiver<br />

there<strong>of</strong> and the CONTRACTOR shall be debarred from<br />

raising any further claim(s) and/or dispute (s) after the expiry<br />

<strong>of</strong> the said specified period. No omission by OWNER to<br />

reject any such claim and no delay in dealing therewith shall<br />

be waiver by OWNER <strong>of</strong> any <strong>of</strong> this rights in respect there<strong>of</strong>.<br />

91.2 ENGINEER-IN-CHARGE shall review such claims within a<br />

reasonably period <strong>of</strong> time and cause to discharge these in a<br />

manner considered appropriate after due deliberations<br />

thereon. However, CONTRACTOR shall be obliged to carry<br />

on with the WORK during the period in which his claims are<br />

under consideration by the EMPLOYER, irrespective <strong>of</strong> the<br />

outcome <strong>of</strong> such claims.<br />

Where additional payments <strong>for</strong> WORK considered extra are<br />

justifiable in accordance with the CONTRACT provisions,<br />

EMPLOYER shall arrange to release the same in the same<br />

manner as <strong>for</strong> normal WORK payments. Such <strong>of</strong> the extra<br />

works so admitted by EMPLOYER shall be governed by all<br />

the terms, conditions, stipulations and specifications as are<br />

applicable <strong>for</strong> the CONTRACT. The rates <strong>for</strong> extra works<br />

shall generally be the unit rates provided <strong>for</strong> in the<br />

CONTRACT. In the event unit rates <strong>for</strong> extra works so<br />

executed are not available as per CONTRACT, payments<br />

may either be released on day work basis <strong>for</strong> which<br />

daily/hourly rates <strong>for</strong> workmen and hourly rates <strong>for</strong><br />

equipment rental shall apply, or on the unit rate <strong>for</strong> WORK<br />

executed shall be derived by interpolation/ extrapolation <strong>of</strong><br />

unit rates already existing in the CONTRACT. In all the<br />

103

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!