Annual Rate Contract for O&M Services for NCR GAS O&M ... - GAIL

82 Guarantee/transfer of guarantee:
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 Training of employer's personnel:
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 Replacement of defective parts and materials:
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 under the CONTRACT, or
damage or injury caused by the alleged omission or negligence on the part of the
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Tender/Bid Document No: GAIL/NCR/C&P/6114
ARC for O&M Services