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FMS - GAIL

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68 Material procured with<br />

assistance of<br />

employer/return of surplus:<br />

to be supplied by the EMPLOYER. If, however, in the<br />

opinion of the ENGINEER-IN-CHARGE the execution of<br />

the WORK is likely to be delayed due to the<br />

CONTRACTOR's inability to make arrangements for supply<br />

of materials which normally he has to arrange for, the<br />

ENGINEER-IN-CHARGE shall have the right at his own<br />

discretion to issue such materials, if available with the<br />

EMPLOYER or procure the materials from the market or as<br />

elsewhere and the CONTRACTOR will be bound to take<br />

such materials at the rates decided by the<br />

ENGINEER-IN-CHARGE. This, however, does not in any<br />

way absolve the CONTRACTOR from responsibility of<br />

making arrangements for the supply of such materials in<br />

part or in full, should such a situation occur nor shall this<br />

constitute a reason for the delay in the execution of the<br />

WORK.<br />

viii) None of the materials supplied to the CONTRACTOR will<br />

be utilised by the CONTRACTOR for manufacturing item<br />

which can be obtained as supplied from standard<br />

manufacturer in finished form.<br />

ix) The CONTRACTOR shall, if desired by the ENGINEER-<br />

IN-CHARGE, be required to execute an Indemnity Bond in<br />

the prescribed form for safe custody and accounting of all<br />

materials issued by the EMPLOYER.<br />

x) The CONTRACTOR shall furnish to the ENGINEER-IN-<br />

CHARGE sufficiently in advance a statement showing his<br />

requirement of the quantities of the materials to be supplied<br />

by the EMPLOYER and the time when the same will be<br />

required by him for the works, so as to enable the<br />

ENGINEER-IN-CHARGE to make necessary<br />

arrangements for procurement and supply of the material.<br />

xi) Account of the materials issued by the EMPLOYER shall<br />

be maintained by CONTRACTOR indicating the daily<br />

receipt, consumption and balance in hand. This account<br />

shall be maintained in a manner prescribed by the<br />

ENGINEER-IN-CHARGE along with all connected papers<br />

viz. requisitions, issues, etc., and shall be always available<br />

for inspection in the CONTRACTOR's office at SITE.<br />

xii) The CONTRACTOR should see that only the required<br />

quantities of materials are got issued. The CONTRACTOR<br />

shall not be entitled to cartage and incidental charges for<br />

returning the surplus materials, if any, to the stores<br />

wherefrom they were issued or to the place as directed by<br />

the ENGINEER-IN-CHARGE.<br />

xiii) Materials/Equipment(s) supplied by EMPLOYER shall not<br />

be utilised for any purpose(s) than issued for.<br />

68.1 Notwithstanding anything contained to the contrary in any or all the<br />

clauses of this CONTRACT where any materials for the execution<br />

of the CONTRACT are procured with the assistance of the<br />

EMPLOYER either by issue from EMPLOYER's stock or purchases<br />

made under order or permits or licences issued by Government, the<br />

CONTRACTOR shall hold the said materials as trustee for the<br />

EMPLOYER and use such materials economically and solely for the<br />

purpose of the CONTRACT and not dispose them off without the<br />

permission of the EMPLOYER and return, if required by the<br />

ENGINEER-IN-CHARGE, shall determine having due regard to the<br />

85

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