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GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (2001)Page 6 of 2310.2 All agreements made between the Contractor and any Subcontractor under this clausemust be in writing and must provide that in respect of the work or goods the subject ofthe subcontract, the Subcontractor shall be bound to the Contractor under the sameobligations and liabilities as are imposed upon the Contractor under the terms of thisContract.11. SUPERINTENDENT AND SUPERINTENDENT'S REPRESENTATIVE11.1 The Superintendent is the Company’s representative with respect to the performance ofthe Services and the administration of the Contract and is authorised to give instructionsin relation thereto.11.2 The Superintendent may at any time review and inspect the Services, or any portion ofthem, and the Contractor shall give him access, at all reasonable times, to theContractor’s and Subcontractor’s quality control procedures, tools and data, includingcomputer programmes. The Superintendent may reject any specifications, materials orequipment that do not comply with the requirements of the Contract.11.3 The Superintendent is authorised to make final decisions on all questions involving theinterpretation of the Company’s requirements and any documents furnished by theCompany to the Contractor.11.4 No approval given by the Superintendent shall be binding unless given in writing, andwherever the words “approved”, “authorised”, “approval”, or “authorisations” are used itshall mean in writing.11.5 Any review, agreement or approval by the Superintendent shall not be a waiver of theContractor’s obligations under the Contract.11.6 The Superintendent may from time to time delegate to the Superintendent'sRepresentative any of the powers and authorities vested in the Superintendent. Anywritten instruction or approval given by the Superintendent's Representative to theContractor within the terms of such delegation, shall bind the Contractor as though it hadbeen given by the Superintendent, provided always that:May 200111.6.1 failure of the Superintendent's Representative to disapprove any work orServices shall not prejudice the power of the Superintendent thereafter todisapprove such work or Services and to order the re-performance thereof;11.6.2 if the Contractor shall be dissatisfied by reason of any decision of theSuperintendent's Representative it shall be entitled to refer the matter to theSuperintendent, who shall thereupon finally confirm, reverse or vary suchdecision;11.7 The Superintendent's Representative shall monitor the Services and may at any timereview, examine and inspect the Services and any materials to be incorporated into the
GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (2001)Page 7 of 23Services or any portion of them, and the Contractor shall give him access, at allreasonable times, to the Contractor’s, Subcontractor’s, quality control procedures, toolsand data, including computer programmes and scheduling programmes.11.8 The Superintendent may reject any tools, material, equipment or Services which do notcomply with the requirements of the Contract, but shall have no authority to relieve theContractor of any of its duties or obligations under the Contract nor, except as expresslyprovided hereunder, to order any work involving delay or any extra payment by theCompany nor to make any Variation to the Services.12. CONTRACTOR’S REPRESENTATIVEThe Contractor shall nominate a person prior to the commencement of the Services, toact as the Contractor's representative. The Contractor’s representative shall beresponsible for supervising the Services and shall have the full responsibility andauthorisation to act on behalf of the Contractor concerning all matters arising out of or inconnection with this Contract. Such representative shall receive on behalf of theContractor, notice, directions and instructions from the Superintendent.13. SUFFICIENCY OF CONTRACT PRICE13.1 The Contractor shall be deemed to have made proper allowance in the Contract Price ofits obligations under the Contract, and the Contract Price shall be deemed to cover all itsobligations under the Contract and all matters necessary for the proper execution of theServices.13.2 The Contractor shall remain liable to perform all of its obligations under the Contract,notwithstanding that it did not foresee any matter that has affected or may affect theperformance of the Services.14. WARRANTY14.1 The Contractor warrants that:14.1.1 that it shall execute the Services in accordance with the Contract and shall comply withthe Superintendent’s instructions and directions on any matter arising out of or inconnection with the Services;14.1.2 that it possesses the specialised knowledge, expertise and experience necessary to enableit to fulfill the requirements of this Contract and to provide the Services efficiently andeffectively, promptly upon demand by the Company in accordance with the requirementsof this Contract;14.1.3 that each member of its personnel shall be sufficiently qualified, skilled, experienced andMay 2001
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Page 1 of 23 - Kuwait Oil Company

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