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Hiring of VPN Services for GAIL Agartala

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instruments, labour and materials as are normally required <strong>for</strong><br />

examining, measuring and testing any workmanship as may be<br />

selected and required by the ENGINEER-IN-CHARGE.<br />

74.2 All the tests that will be necessary in connection with the<br />

execution <strong>of</strong> the WORK as decided by the ENGINEER-<br />

IN-CHARGE shall be carried out at the field testing laboratory<br />

<strong>of</strong> the EMPLOYER by paying the charges as decided by the<br />

EMPLOYER from time to time. In case <strong>of</strong> non- availability <strong>of</strong><br />

testing facility with the EMPLOYER, the required test shall be<br />

carried out at the cost <strong>of</strong> CONTRACTOR at Government or<br />

any other testing laboratory as directed by<br />

ENGINEER-IN-CHARGE.<br />

74.3 If any tests are required to be carried out in conjunction with<br />

the WORK or materials or workmanship not supplied by the<br />

CONTRACTOR, such tests shall be carried out by the<br />

CONTRACTOR as per instructions <strong>of</strong><br />

ENGINEER-IN-CHARGE and cost <strong>of</strong> such tests shall be<br />

reimbursed by the EMPLOYER.<br />

75. Samples <strong>for</strong> approval: 75.1 The CONTRACTOR shall furnish to the<br />

ENGINEER-IN-CHARGE <strong>for</strong> approval, when requested or if<br />

required by the specifications, adequate samples <strong>of</strong> all<br />

materials and finished to be used in the WORK. Such samples<br />

shall be submitted be<strong>for</strong>e the WORK is commenced and in<br />

ample time to permit tests and examinations there<strong>of</strong>. All<br />

materials furnished and finishes applied in actual WORK shall<br />

be fully equal to the approved samples.<br />

76. Action and<br />

compensation in case <strong>of</strong><br />

bad work:<br />

76.1 If it shall appear to the ENGINEER-IN-CHARGE that any<br />

work has been executed with unsound, imperfect or unskilled<br />

workmanship, or with materials <strong>of</strong> any inferior description, or<br />

that any materials or articles provided by the CONTRACTOR<br />

<strong>for</strong> the execution <strong>of</strong> the WORK are unsound, or <strong>of</strong> a quality<br />

inferior to that contracted <strong>for</strong>, or otherwise not in accordance<br />

with the CONTRACT, the CONTRACTOR shall on demand<br />

in writing from the ENGINEER-IN-CHARGE or his<br />

authorised representative specifying the WORK, materials or<br />

articles complained <strong>of</strong> notwithstanding that the same may have<br />

been inadvertently passed, certified and paid <strong>for</strong>, <strong>for</strong>thwith<br />

rectify or remove and reconstruct the WORK so specified and<br />

provide other proper and suitable materials or articles at his<br />

own cost and in the event <strong>of</strong> failure to do so within the period<br />

specified by the ENGINEER-IN-CHARGE in his demand<br />

a<strong>for</strong>esaid, the CONTRACTOR shall be liable to pay<br />

compensation at the rate <strong>of</strong> 1 % (One percent) <strong>of</strong> the estimated<br />

cost <strong>of</strong> the whole WORK, <strong>for</strong> every week limited to a<br />

maximum <strong>of</strong> 10% (ten percent) <strong>of</strong> the value <strong>of</strong> the whole<br />

WORK, while his failure to do so shall continue and in the<br />

case <strong>of</strong> any such failure the ENGINEER-IN-CHARGE may<br />

on expiry <strong>of</strong> notice period rectify or remove and re-execute the<br />

92

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