Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(i)
(ii)
(iii)
in the case of a delivery to the relevant address when delivered to the
relevant address (against a written receipt); and
in the case of a facsimile, on production of a transmission report by
the machine from which the facsimile was sent which indicates that
the facsimile was sent in its entirety to the facsimile number of the
recipient; and
in the case of a document attached to an email, upon receipt of the
email in the inbox of the recipient’s address stated in the Schedule of
Details.
(f)
For the avoidance of doubt, any notice or other communication will not be
deemed to have been given or made under the Contract, if it is in the form of
email (other than as an attached document in accordance with Sub-Clause
1.3(a)), or minutes of any meetings.
(g) Approvals, certificates, consents and determinations shall not be
unreasonably withheld or delayed. When a certificate is issued to a Party, the
certifier shall send a copy to the other Party. When a notice is issued to a
Party, by the other Party or the Employer's Representative, a copy shall be
sent to the Employer's Representative or the other Party, as the case may be.
1.4 Language
Language
(a)
(b)
The language for communications shall be English.
Unless otherwise specified in the Contract, the Contractor's Documents will
be written in English.
1.5 Priority of Documents
Priority of Documents
(a)
(b)
(c)
The documents forming the Contract are to be taken as mutually explanatory
of one another and shall be read as a whole. For the purposes of
interpretation, the priority of the documents shall be as listed in the Instrument
of Agreement.
If either Party discovers an ambiguity or discrepancy in or between the
documents forming the Contract, that Party shall immediately notify the
Employer's Representative, who shall issue any necessary clarification or
instruction to the Parties and the Contractor shall implement such clarification
or instruction with due expedition and without delay.
Notwithstanding the priority of documents set out in Sub-Clause 1.5(a), if
there is any ambiguity or discrepancy in or between the documents forming
the Contract in regard to the obligations or requirements for the standard or
quality of work, then the higher or more onerous obligation or requirement
shall prevail unless otherwise instructed in writing by the Employer’s
Representative.
© UNOPS 2011 14