FMS - GAIL

82 Guarantee/transfer of
guarantee:
83 Training of employer's
personnel:
84 Replacement of defective
parts and materials:
82.1 For works like water-proofing, acid and alkali resisting materials,
pre-construction soil treatment against termite or any other
specialized works etc. the CONTRACTOR shall invariably engage
SUB-CONTRACTORS who are specialists in the field and firms of
repute and such a SUB-CONTRACTOR shall furnish guarantees
for their workmanship to the EMPLOYER, through the
CONTRACTOR. In case such a SUB-CONTRACTOR/ firm is not
prepared to furnish a guarantee to the EMPLOYER, the
CONTRACTOR shall give that guarantee to the EMPLOYER
directly.
83.1 The CONTRACTOR undertakes to provide training to Engineering
personnel selected and sent by the EMPLOYER at the works of the
CONTRACTOR without any cost to the EMPLOYER. The period
and the nature of training for the individual personnel shall be
agreed upon mutually between the CONTRACTOR and the
EMPLOYER. These engineering personnel shall be given special
training at the shops, where the equipment will be manufactured
and/ or in their collaborator's works and where possible, in any other
plant where equipment manufactured by the CONTRACTOR or his
collaborators is under installation or test to enable those personnel
to become familiar with the equipment being furnished by the
CONTRACTOR. EMPLOYER shall bear only the to and fro fare of
the said engineering personnel.
84.1 If during the progress of the WORK, EMPLOYER shall decide and
inform in writing to the CONTRACTOR, that the CONTRACTOR
has manufactured any plant or part of the plant unsound or
imperfect or has furnished plant inferior to the quality specified, the
CONTRACTOR on receiving details of such defects or deficiencies
shall at his own expenses within 7 (seven) days of his receiving the
notice, or otherwise within such time as may be reasonably
necessary for making it good, proceed to alter, re-construct or
remove such work and furnish fresh equipments upto the standards
of the specifications. In case the CONTRACTOR fails to do so,
EMPLOYER may on giving the CONTRACTOR 7 (seven) day's
notice in writing of his intentions to do so, proceed to remove the
portion of the WORK so complained of and at the cost of
CONTRACTOR's, perform all such works or furnish all such
equipments provided that nothing in the clause shall be deemed to
deprive the EMPLOYER of or affect any rights under the
CONTRACT, the EMPLOYER may otherwise have in respect of
such defects and deficiencies.
84.2 The CONTRACTOR's full and extreme liability under this clause
shall be satisfied by the payments to the EMPLOYER of the extra
cost, of such replacements procured including erection/installation
as provided for in the CONTRACT; such extra cost being the
ascertained difference between the price paid by the EMPLOYER
for such replacements and the CONTRACT price portion for such
defective plants and repayments of any sum paid by the
EMPLOYER to the CONTRACTOR in respect of such defective
plant. Should the EMPLOYER not so replace the defective plant
the CONTRACTOR's extreme liability under this clause shall be
limited to the repayment of all such sums paid by the EMPLOYER
under the CONTRACT for such defective plant.
85 Indemnity 85.1 If any action is brought before a Court, Tribunal or any other
Authority against the Employer or an officer or agent of the
EMPLOYER, for the failure, omission or neglect on the part of the
CONTRACTOR to perform any acts, matters, covenants or things
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