Download NIT - Chittaranjan Locomotive Works - Indian Railway

Page 15 of 353.10 Settlement of discrepancy in the issue of Railway materials.Any discrepancy or dispute that may arise regarding the quantity or quality of the materials supplied by theRailway should be settled in the course of the 10 days, all arrears cleared and un-conditional receipts givenand/or taken.3.11 Contractor’s responsibility for safe custody of Railway’s materialsThe Contractor shall be responsible for the safe custody of all Government materials issued to him and shallduly account for them. He shall take adequate precautions against their loss, destruction, damage and/ordeterioration from whatever cause.3.12 Causing damages to Railway’s equipment, machines, Private Life and Property etc. by the Contractor.Any damage caused to equipment, machines and other assets during the period of work shall be made good bythe Contractor to the extent determined by the Railway, failing which, the Railway will be at liberty to realizesuch costs from the Contractor in any manner whatsoever.3.13 Supply of materials by RailwayUnless otherwise stated in the description of job provided in the “Schedules for the works, all rates quoted mustbe inclusive of supply of all materials required for proper execution of the works as per the specifications.Where the Railway is liable under the contract for supply of any materials for the works, the materials shall besupplied by the Railway to the contractor at the Railway’s Godown/store yard free of cost and the contractorshall transport the materials by the Railway shall be made for the calculated requirements only and in aprogressive manner keeping in view of the progress of the works made by the Contractor.”3.14 Assistance to the Contractor.The Contractor shall not, accept to the extent specified/agreed to by the Railway in the acceptance of the tender,be entitled to assistance either in the procurement of raw materials, labour or transport facilities required for thefulfillment of the contract.3.15 Contractor to execute work with diligence and expedition.The Contractor shall execute the work with the diligence and expedition, should he refuse or neglect to complywith any reasonable orders given to him in writing by the Railway in connection with work, or contravene theprovisions of the contract, the Railway shall be at liberty to give 07 days’ notice followed by 48 hrs. notice inwriting to the contractor requiring him to make good the neglect or contravention complained of and should theContractor fail to comply, with the requisitions made in the notice within 07 days from that date, it should belawful for the Railway to take the work wholly or in part out of the Contractors hand without any furtherreference and get the work or any part there of as the case may be, completed by the Railway or other agenciesat the expenses of the Contractor without prejudice to any other rights or remedies of the Railway in this regard.3.16 Rates for extra items of works.Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in theaccepted schedule of rates shall be executed at the rates agreed upon between the Engineer and the Contractorbefore the execution of such items of works. The Contractor shall be bound to notify the Engineer atleast 07days before the necessity arises for the execution of such item of work that the accepted schedule of rates doesnot include. The rates payable for such items shall be decided at the meeting to be held between the Engineerand the Contractor in as short a period as possible after the need for the special item has come to the notice. Incase the Contractor fails to attend the meeting after being notified to do so or in the event of no settlement beingarrived at, the Railway shall be entitled to execute the extra works by the means and the Contractor shall haveno claim for loss or damage that may result from such procedure, provided that if the Contractor shallcommence work or incur any expenditure in regard thereto before the rates shall be determined as lastly hereonto fore mentioned, then and in such a case the Contractor shall only be entitled to be paid in respect of the workscarried out or expenditure incurred by him prior to the date of rates as aforesaid according to the rates as shallbe fixed by the Engineer.However, if the Contractor is not satisfied with the decisions of the Engineer in the respect, he may appeal tothe Chief Electrical Engineer within 20 days of getting the decisions of the Engineers supported by the analysisof rates claimed. The Chief Engineer’s decisions after hearing both the parties in the matter shall be final andbinding on the Contractor and the Railways.3.17 Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or inpart by either party of any obligation under this contract shall be prevented or delayed of any war, hostility, actsof public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes,lockouts or acts of God(hereinafter, referred to events) provided, notice of the happening of such event is givenby either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason ofSignature of the Tenderer with seal & date Page 15