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bangladesh power development board tender document for ... - BPDB

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The Engineer's decision and the filing of the written objection thereto shall beConditions precedent to the right to request arbitration or to start action in court.It is the intent of this agreement that there shall be no delay in the execution of theWork, and the decision of the Engineer as rendered shall be promptly observed.The Contractor shall proceed with the Work in accordance with the Engineer'swritten decision, provided, however, that the Contractor shall not be requested torecognise or accept any change order or decision requiring extra or additionalWork, unless the amount of additional compensation there<strong>for</strong>e is agreed upon bythe Board in accordance with the provisions of Clause 71.0, "Modifications. If, inany case, the Contractor is required to proceed over his objection, the Contractorshall be authorised, in an appropriate case, to notify the Board.15.0 WORK TO THE SATISFACTION OF BOARD / ENGINEERThe Contractor shall execute and complete the Work in strict accordance with theContract to the satisfaction of the Board/the Engineer and shall comply with andadhere strictly to the Engineer's instructions and directions on any matter, whethermentioned in the Contract or not, concerning the Work. The Contractor shall takeinstructions and directions only from the Engineer. Such instruction by the Engineershall always be in writing and approved by the Board.16.0 FACTORY WITNESS TEST (ENGINEERING INSPECTION)It is agreed by the Contractor that the Board shall be and is hereby authorised toappoint or employ (either directly or through the Engineer) such inspectors as theBoard may deem proper to inspect the materials furnished under the Workper<strong>for</strong>med under this Contract, <strong>for</strong> compliance with the Contract Documents. TheContractor shall furnish all reasonable aid and assistance required by the Engineer,or inspectors, <strong>for</strong> the proper inspection and examination of the Work and all partsthereof.The Contractor shall obey the directions of the Engineer or inspector when theyare consistent with the obligations of this Contract. Should the Contractor object toany order given by any inspector, the Contractor may make written appeal to theEngineer <strong>for</strong> his decision.Inspectors and other properly authorised representatives of the Board or theEngineer shall be free at all times to per<strong>for</strong>m their duties, and any intimidation orattempted intimidation of any one of them by the Contractor or by any of hisemployees shall have sufficient reason, if the Board so decides, to terminate theContract.Such inspection shall not relieve the Contractor from any obligation to per<strong>for</strong>m theWork in accordance with the Contract Documents. Work not so constructed shallbe removed and made good by the Contractor at his own expense.The Engineer and Board’s authorised representative shall have the right to inspectand/or to test the Goods at Site and at manufacturer’s premises to confirm theircon<strong>for</strong>mity to the Contract. The cost of per<strong>for</strong>ming any tests shall be borne by theContractor. The payment <strong>for</strong> inspection and tests at the manufacturer’s premisesand training on tests including travelling expenses, daily pocket expenses andlodging at actual <strong>for</strong> six round trips (two Engineers/ round trip) and a73

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