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MEASURED PRICE CONSTRUCTION CONTRACT Schedules Operational excellence for results that matter General terms 1. Warranty The Warrantor warrants to the Beneficiary that all work performed and all materials or parts supplied by the Warrantor in the course of the Subcontract Works will be: (a) (b) (c) at least of the quality and to the standard required by both the Construction Contract and the Subcontract; and to the extent that the level of quality or standard are not stipulated in the Construction Contract or the Subcontract, of good workmanship and merchantable quality; and fit for the purpose or purposes for which they are required. 2. Manufacturer’s warranty This warranty is in addition to and does not derogate from any manufacturer's warranty or warranty implied by any law, attaching to any materials or goods provided under the Subcontract. 3. Rectification The Warrantor agrees to at its own expense, replace and make good to the reasonable satisfaction of the Beneficiary so much of the Subcontract Works within 10 years from the Time for Completion of the Subcontract Works that: (a) (b) the Beneficiary reasonably considers are of a lower quality or standard than that referred to in clause 1; or show deterioration to an extent that the Beneficiary reasonably considers that the Subcontract Works, or the goods supplied by the Warrantor, ought to be made good or replaced in order to achieve fitness for the purpose or purposes for which the Subcontract Works were performed or supplied. 4. Time for rectification Within a reasonable time after written notification to the Warrantor of a decision of the Beneficiary as to work required by clause 3, the Warrantor will replace and/or make good the Subcontract Works at its cost whether or not any dispute or difference exists between the parties. The Warrantor indemnifies the Beneficiary against any direct, indirect or consequential loss or damage of any nature whatsoever, directly or indirectly arising out of any breach of the warranties, covenants or other conditions given by the Warrantor.
MEASURED PRICE CONSTRUCTION CONTRACT Schedules Operational excellence for results that matter 5. Rectification at Warrantor’s cost If within the time stated in a notice provided under clause 4 the Warrantor does not carry out the work stated in the notice, the Beneficiary may carry out that work, or cause it to be carried out. The Warrantor indemnifies the Beneficiary against all costs and expenses of, and incidental to, the carrying out of the work and also against any direct, indirect or consequential loss or damage sustained by it as a result of the Warrantor's failure to comply with the notice under clause 4. 6. Assignment The Beneficiary may assign all of its rights under this agreement by written notice to the Contractor and the Warrantor. 7. Relevance of execution This warranty operates in favour of the Beneficiary even if it has not been executed by the Beneficiary. 8. Arbitration Any disputes arising out or in connection with this Warranty, or the breach, termination, or invalidity thereof shall be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules then in effect. The language of the proceedings shall be English. The decisions of the arbitral tribunal will be based on general principles of international commercial law. The arbitral tribunal must not award punitive damages. In addition, the arbitral tribunal must not award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest must be simple interest only. 9. Privileges and Immunities Nothing in or relating to this Warranty shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs, of which Employer is an integral part, which are hereby expressly reserved. 10. Definitions Beneficiary means the party stipulated in the Details. Contractor means [insert]. Construction Contract means the contract between the Employer and the Contractor dated [insert] for the construction of the Works. Employer means High Commission of India (HCI) in Sri Lanka [insert PO Box], and the legal successors in title and assigns and novates to
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INVITATION TO BID Schedules Operati
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Page 253 and 254: MEASURED PRICE CONSTRUCTION CONTRAC
Page 269 and 270: Operational excellence for results
Page 303: MEASURED PRICE CONSTRUCTION CONTRAC
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