Contract for Hiring Services of different types of call basis ... - GAIL

hereof) otherwise give a certificate herein referred to as the FINAL CERTIFICATE to that effect and the CONTRACTOR shall not
be considered to have fulfilled the whole of his obligations under CONTRACT until FINAL CERTIFICATE shall have been given
by the ENGINEER-IN- CHARGE notwithstanding any previous entry upon the WORK and taking possession, working or using of
the same or any part thereof by the EMPLOYER.
96 Certificate and payments on evidence of completion:
96.1 Except the FINAL CERTIFICATE, no other certificates or payments against a certificate or on general account shall be taken to
be an admission by the EMPLOYER of the due performance of the CONTRACT or any part thereof or of occupancy or validity of
any claim by the CONTRACTOR.
97 Deductions from the contract price:
97.1 All costs, damages or expenses which EMPLOYER may have paid or incurred, which under the provisions of the CONTRACT,
the CONTRACTOR is liable/will be liable, will be claimed by the EMPLOYER. All such claims shall be billed by the EMPLOYER to
the CONTRACTOR regularly as and when they fall due. Such claims shall be paid by the CONTRACTOR within 15 (fifteen) days
of the receipt of the corresponding bills and if not paid by the CONTRACTOR within the said period, the EMPLOYER may, then,
deduct the amount from any moneys due i.e., Contract Performance Security or becoming due to the CONTRACTOR under the
CONTRACT or may be recovered by actions of law or otherwise, if the CONTRACTOR fails to satisfy the EMPLOYER of such
claims.
SECTION-VII TAXES AND INSURANCE
98 Taxes, Duties, Octroi etc:
98.1 The CONTRACTOR agrees to and does hereby accept full and exclusive liability for the payment of any and all Taxes, Duties,
including Excise duty, octroi etc. now or hereafter imposed, increased, modified, all the sales taxes, duties, octrois etc. now in
force and hereafter increased, imposed or modified, from time to time in respect of WORKS and materials and all contributions
and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by any
Central or State Government authorities which are imposed with respect to or covered by the wages, salaries, or other
compensations paid to the persons employed by the CONTRACTOR and the CONTRACTOR shall be responsible for the
compliance of all SUB-CONTRACTORS, with all applicable Central, State, Municipal and local law and regulation and
requirement of any Central, State or local Government agency or authority. CONTRACTOR further agrees to defend, indemnify
and hold EMPLOYER harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by
reason or any violation by CONTRACTOR or SUB-CONTRACTOR of such laws, suits or proceedings that may be brought against
the EMPLOYER arising under, growing out of, or by reason of the work provided for by this CONTRACT, by third parties, or by
Central or State Government authority or any administrative sub-division thereof. Tax deductions will be made as per the rules
and regulations in force in accordance with acts prevailing from time to time.
99 Sales tax/Turnover tax:
99.1 Tenderer should quote all inclusive prices including the liability of Sales Tax/Turnover Tax whether on the works contract as a
whole or in respect of bought out components used by the CONTRACTOR in execution of the CONTRACT. EMPLOYER shall
not be responsible for any such liability of the CONTRACTOR in respect of this CONTRACT.
100 Statutory variations
100.1 Tenderer should quote prices inclusive of excise-duty and sales tax applicable on finished product. Any statutory variations
in Excise Duty and sales tax on finished product during the contractual completion period, shall be to the Employer's account
for which the Contractor will furnish documentary evidence(s) in support of their claims to GAIL. However, any increase in the
rate of these taxes and duties (E.D. and S.T.) beyond the contractual completion period shall be to Contractor's account and
any decrease shall be passed on to GAIL.
101 Insurance:
101.1 GENERAL CONTRACTOR shall at his own expense arrange secure and maintain insurance with reputable insurance
companies to the satisfaction of the EMPLOYER as follows: CONTRACTOR at his cost shall arrange, secure and maintain
insurance as may be necessary and to its full value for all such amounts to protect the WORKS in progress from time to time
and the interest of EMPLOYER against all risks as detailed herein. The form and the limit of such insurance, as defined here in
together with the under works thereof in each case should be as acceptable to the EMPLOYER. However, irrespective of work
acceptance the responsibility to maintain adequate insurance coverage at all times during the period of CONTRACT shall be
that of CONTRACTOR alone. CONTRACTOR's failure in this regard shall not relieve him of any of his responsibilities and
obligations under CONTRACT. Any loss or damage to the equipment, during ocean transportation, port/custom clearance,
inland and port handling, inland transportation, storage, erection and commissioning till such time the WORK is taken over by
EMPLOYER, shall be to the account of CONTRACTOR. CONTRACTOR shall be responsible for preferring of all claims and make
good for the damage or loss by way of repairs and/or replacement of the parts of the Work damaged or lost. CONTRACTOR
shall provide the EMPLOYER with a copy of all insurance policies and documents taken out by him in pursuance of the
CONTRACT. Such copies of document shall be submitted to the EMPLOYER immediately upon the CONTRACTOR having taken
such insurance coverage. CONTRACTOR shall also inform the EMPLOYER at least 60(Sixty) days in advance regarding the
expiry cancellation and/or changes in any of such documents and ensure revalidation/renewal etc., as may be necessary well
in time. Statutory clearances, if any, in respect of foreign supply required for the purpose of replacement of equipment lost in
transit and/or during erection, shall be made available by the EMPLOYER. CONTRACTOR shall, however, be responsible for
obtaining requisite licences, port clearances and other formalities relating to such import. The risks that are to be covered
under the insurance shall include, but not be limited to the loss or damage in handling, transit, theft, pilferage, riot, civil
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