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Western Railway - Indian Railway

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Tender No.<br />

S&T/BRC/12-13/03 (Signal)<br />

DOWN LOADED FROM INTERNET<br />

(iii) It is an agreed term of the contract that the sum of money so withheld or<br />

retained under this clause by the purchaser will be kept withheld or retained<br />

as such by the purchaser till the claim arising out of or under any other<br />

contract is either mutually settled or determined by the Arbitrator if the other<br />

contract is governed by the Arbitration clause or by the competent court as<br />

the case may be, and the contractor shall have no claim for interest or<br />

damages in respect of any sum of money withheld or retained under this<br />

clause and duly notified to the contractor.<br />

4.44 INSURANCE OF MATERIALS & INSTALLATIONS<br />

The contractor shall take out and keep in force a policy or policies of Insurance<br />

for all materials including <strong>Railway</strong> supply materials equipment irrespective of<br />

whether used up in the portion of work already done or kept for the use in the<br />

balance portion of the work until such works are handed over to the <strong>Railway</strong>s.<br />

The Contractor shall not be liable for losses/damages to the materials either<br />

used up in the portion of work done or his material kept for use at site, in<br />

consequence of mutiny, or other similar causes over which the Contractor has no<br />

control and which cannot be insured. Such losses or damages shall be the<br />

liability of the <strong>Railway</strong>s and if required by the <strong>Railway</strong>s, be made good by the<br />

contractor, at the cost of the <strong>Railway</strong>s.<br />

The Contractor should, however, insure the stores brought to site, against risks<br />

in consequence of war and invasion, as required under the Emergency Risk<br />

(Goods) Insurance Act in force from time to time.<br />

It may be noted that the beneficiary of the insurance policy should be <strong>Railway</strong>s or<br />

the policies should be pledged in favour of <strong>Railway</strong>. The contractor shall keep<br />

the policy/policies current till the installations are handed over to the Purchaser.<br />

It may also be noted that in the event of contractor‘s failure to keep the policy<br />

current and alive, renewal of the policy will be done by the <strong>Railway</strong>s for which the<br />

cost of the premium plus 20% of premium shall be recovered from the contractor.<br />

For purpose of enabling the contractor to take the insurance cover in connection<br />

with this contract, the purchaser‘s engineer will advise the approximate price of<br />

all the <strong>Railway</strong>‘s supply materials to the contractor.<br />

4.45 ENGAGEMENT OF QUALIFIED ENGINEER<br />

1. The contractor shall employ the Engineer/Diploma holder, retired Senior<br />

Section Engineer (Signal)/Works Supervisor/Officer as under:<br />

Works costing up to 25 lakhs:- One Engineer/Supervisor.<br />

Works costing more than 25 lakhs & up<br />

Engineers/Supervisors.<br />

Works costing more than 75 lakhs:- Three<br />

Supervisor.<br />

to 75 lakhs:- Two<br />

Engineers/Technical<br />

For Sr. Divisional Signal & Telecom Engineer Page 44 of 68 Signature of Tenderer & Seal<br />

For and on behalf of President of India

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