Download NIT - Chittaranjan Locomotive Works - Indian Railway

Page 19 of 353.34 Claim on account of variations in prices for labour & materialsNo claim will be entertained by the Railway for any fluctuation of market rates in respect of labour & material.3.35 Contractor to arrange tools, plants etc.All tools & plants and other accessories for the proper execution of the works shall have to be found andarranged by the Contractor at his own costs.3.36 Acceptance of materials statement by the ContractorOn completion of the work, material statement for Rly. Materials if issued to Contractor, should be reconciledand finally accepted by the Contractor within 7 days of signing of final measurements, failing which theRailway would be at liberty to pass the bill with the material statement made out by it as final and no claims ordisputes on this account will be entertained thereafter.3.37 Documents to be produced by the successful tendererWithin seven days of receipt of the letter of acceptance the successful tenderer shall produce before theEngineer/CLW/Chittaranjan the following documents:If the successful Tenderer is an individual carrying on business in a name other than his own, a duly swornaffidavit (with 3 attested copies) declaration that he is the sole proprietor of the business.If a partner firm three attested copies of Deed of partnership and certificate showing that the firm has beenregistered with the Registrar of firms.If a limited liability company, a copy of memorandum and Articles of Association showing the names of theDirectors of the company who are authorized to sign on behalf of the company.Where the proprietors, partners or directors will not themselves attend to the work but some other person woulddo so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and everychange in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,Chittaranjan Locomotive Works/Chittaranjan.If a limited liability company, a copy of memorandum and Articles of Association showing the names of theDirectors of the company who are authorized to sign on behalf of the company.Where the proprietors, partners or directors will not themselves attend to the work but some other person woulddo so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and everychange in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,Chittaranjan Locomotive Works/Chittaranjan.3.38 Limitation of Railways Liability to accept change in Power of AttorneyThe Railway will not be bound by any power of Attorney granted by the Tenderer or any changes in thecomposition of the firm made subsequent to the execution of the contract. It may however, recognize suchpower of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to theContractor.3.39 Indemnification by the ContractorWhere a workman employed by the Railway has recovered compensation from the Railway in respect of injurycaused under circumstances which create a legal liability of the Contractor to pay damages in respect thereof,the Contractor shall indemnify the Railway in respect thereof and the Railway shall be entitled to deduct fromany money due or to become due (Whether under this contract or any other contract) all money paid or payableby the Railway by way of compensation as aforesaid or the cost of expenses in connection with the claimthereto and the Contractor shall abide by the decision of the Railway as to the sum payable by the Contractorunder the provision of this clause.3.40 Materials of approved quality to be used.All materials to be used by the Contractor on the work shall be approved quality. The successful Tenderer shallobtain the approval of site Engineer or his authorized representative for use of all such materials/equipments notlisted in annexure of Pt.-V or whose preferred makes are not mentioned in the technical specification Pt. Vbefore using them in execution of the work.3.41 Acceptance of works.When the execution of any work is completed in all respects, the Railway shall be informed in writing by theContractor and the Railway will arrange to get them inspected and tested at the cost of the Contractor. On beingfound satisfactory, the work shall be accepted such acceptance being communicated in writing to theContractor.Signature of the Tenderer with seal & date Page 19