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51. TRANSFER OF OWNERSHIP
51.1 Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in
connection with the Contract shall remain with the Contractor or its Subcontractors.
51.2 Disposal of surplus material: Ownership of any goods/materials in excess of the
requirements for the Facilities (i.e. surplus material) shall revert to the Contractor upon
Completion of the Facilities or at such earlier time when the Employer and the Contractor agree
that the goods/materials in question are no longer required for the Facilities. The Contractor shall
remove from the site such surplus material brought by him in pursuance of the Contract, subject
to the Contractor producing the necessary clearance from the relevant authorities (Custom, Excise
etc.), if required by the law, in respect of re-export or disposal of the surplus material locally.
The liability for the payment of the applicable taxes/duties, if any, on the surplus material so reexported
and / or disposed locally shall be that of the Contractor.
The Contractor shall also indemnify to keep the Employer harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal/disposal of surplus material. The Indemnity Bond shall be furnished by Contractor as
per proforma. Further, in case the laws require the Employer to take prior permission of the
relevant Authorities before handing over the surplus material to the Contractor, the same shall be
obtained by the Contractor on behalf of the Employer.
51.3 Notwithstanding the transfer of ownership of the goods/materials, the responsibility for
care and custody thereof together with the risk of loss or damage thereto shall remain with the
Contractor hereof until Completion of the Facilities or the part thereof in which such
goods/materials are incorporated.
51.4 In case of where the Employer hands over his goods/materials/Equipments to the
Contractor for executing the Contract, then the Contractor shall, at the time of taking delivery of
the goods/materials/Equipments through Bill of Lading or other despatch documents, furnish
Trust Receipt for goods/materials/Equipments and also execute an Indemnity Bond in favour of
the Employer for keeping the equipment in safe custody and to utilise the same exclusively for
the purpose of the said Contract.
52. CHANGES IN THE FACILITIES
52.1 INTRODUCING A CHANGE
52.1.1 The Employer shall have the right to propose, and subsequently require, that the Project
Manager order the Contractor from time to time during the performance of the Contract to make
any change, modification, addition or deletion to, in or from the Facilities (hereinafter called
“Change”), provided that such Change falls within the general scope of the Facilities and does not
constitute unrelated work and that it is technically practicable, taking into account both the state
of advancement of the Facilities and the technical compatibility of the Change envisaged with the
nature of the Facilities as specified in the Contract .
52.1.2 The Contractor may from time to time during its performance of the Contract propose to
the Employer (with a copy to the Project Manager) any Change that the Contractor considers
necessary or desirable to improve the quality, efficiency or safety of the Facilities. The Employer
may at its discretion approve or reject any Change proposed by the Contractor.
52.1.3 Notwithstanding GCC Sub-Clauses 52.1.1 and 52.1.2, no change made necessary because
of any default of the Contractor in the performance of its obligations under the Contract shall be
W& P Manual – 2012 Page 176