Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
4.25 Assignment and Novation of Manufacturer's Warranties
Assignment and Novation of Manufacturer's Warranties
(a)
(b)
(c)
(d)
The Contractor shall procure that any warranty, express or implied, with
respect to any Plant or Materials used in the execution of the Works made or
given by the manufacturer, any Subcontractor or supplier thereof, or any
other seller thereof, will be made in favour of the Employer or will be assigned
or otherwise made available to the Employer or such entity that the Employer
nominates.
The Contractor shall ensure that all warranties referred to in Sub-Clause
4.25(a) given by the manufacturer, any Subcontractor or supplier thereof, or
any other seller thereof, will be capable of novation from the Employer to any
entity to be nominated by the Employer.
To the extent that the warranties cannot be made in favour of the Employer,
assigned or otherwise made available to the Employer, the Contractor agrees
(at its cost) to use its best endeavours to enforce such rights as the
Contractor may have, for the benefit of the Employer or its nominee.
The Works shall not be considered to be completed for the purposes of being
Taken Over under Sub-Clause 10.1 [Taking Over of the Works and Sections]
until the Employer has received such warranties and confirmation that the
warranties are capable of novation from the Employer to any entity to be
nominated by the Employer, or if Sub-Clause 4.25(c) applies, the Contractor
has demonstrated to the reasonable satisfaction of the Employer that it has
used its best endeavours to enforce such rights as the Contractor may have
for the benefit of the Employer.
4.26 Auxiliary Works
Auxiliary Works
(a)
(b)
The Contractor shall ensure that the Works connect to and fully interface with
the Auxiliary Works.
Provided the Auxiliary Works:
(i)
(ii)
perform in the manner specified in the Schedule of Auxiliary Works;
and
are completed on or before the later of the:
(A)
(B)
dates specified in the Schedule of Auxiliary Works; and
date the Contractor can and needs to use the relevant item of
Auxiliary Works, as assessed by the Employer's
Representative,
the Contractor will have no right to claim any additional costs or an extension
of time as a result (directly or indirectly) of the impact of the Auxiliary Works
on the Works. Any claim the Contractor is entitled to make shall be made
© UNOPS 2011 48