b-1 tender form - Maharashtra Industrial Development Corporation

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CLAUSE 60 : Removal and substitution of materials : The Executive Engineer
(E&M), shall have full power to require the removal from the premises of the
materials which in his opinion are not in accordance with the specifications and in
employ other persons to remove the same without having answerable accountable
for any loss or damage that may be caused to such materials. The Executive
Engineer (E&M), shall also have full power to require other proper material to be
substituted and in case of default the Executive Engineer (E&M) may cause the same
to be supplied and all cost which be incurred in such removal and substitution shall
be borne by the contractor.
CLAUSE 61 : Action in case of improper materials and workmanship: If in the
opinion of the Executive Engineer (E&M) , any work in any part thereof is executed
with improper materials or defective workmanship, the contractor shall when
required by the Executive Engineer (E&M), forthwith re-execute the same and
substitute proper materials and workmanship and in case of default by the
contractor in so doing within a week from the date of the requisition the Executive
Engineer (E&M) , shall have full power to employ other persons to re-executive the
work and cost there of shall be borne by the contractor.
CLAUSE 62 : Action and compensation payable in case of backlog/delay : If at
any time before security deposit is refunded to the contractor, it shall appear to the
Executive Engineer (E&M) in charge or his subordinate in charge of the work, that
any work have been executed with unsound, imperfect or unskillful workmanship
or with materials or articles provided by him for the execution of the work or
unsound, or of a quality inferior to that contract it shall be lawful for the Engineer in
charge to intimate this fact in writing to the Contractor and then not withstanding
the fact that the work materials or articles complied or may have been in adventantly
passed. Certified and paid for, the contractor shall be bound to forth with to rectify
or remove or reconstruct the work so specified in whole or in part, as the case may
require, or if so required, shall remove the materials or articles so specified and
provide other proper and suitable materials or articles at his own charge and cost in
the event of his failing to do so within in limit aforesaid the Contractor shall be
liable, to pay compensation the rate of 1% on the amount of the estimate for every
day not exceeding 10 days, during which the failure so continuous and in the event
of any such failures as aforesaid the Engineer in charge may rectify or remove and
re-executed the work or remove and replace the materials/ articles compliance of, as
the case maybe at the risk and expenses in all respects of the Contractor should be
Engineer in charge consider that any such inferior work or materials as described
above will not be acceptable then it will be straight way rejected.
CLAUSE 63 : Performance and guarantee of the work or plant completed by the
contractor : The contractor shall make good and repair defect in materials and
workmanship and performances etc. Revealed in the finished work or the plant
completed by him for a period of 1 year from the date of which final completion
Contractor.
Executive Engineer(E&M).