SAILESH NAIR & ASSOCIATES
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BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
THE CONDITIONS OF CONTRACT
1.
GENERAL CONDITIONS OF CONTRACT
1.1.
In construing these conditions and the specifications, Schedule of
Quantities and Contract Agreement, the following words shall have the
meanings herein assigned to them except where the subject or context
otherwise requires:
1.2.
"
Bank" shall mean “Bank of Baroda” with its Corporate Office at C-
26, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai- 400 051
and shall include his/their heirs, legal representatives, assignees and
successors.
1.3.
The “
Architect” shall mean
the
Architect named in the Tender,
appointed by
Bank for the said works.
1.4.
The
“Consultants” for electrification works shall mean the Consultants
named in the Tender, appointed by the
Architect to design the total
electrification works on their own behalf for their
Bank for the project.
1.5.
"
Contractor" / “Contractors” shall mean the person or the persons,
firm or company whose tender has been accepted by the
Bank and
shall include his/their heirs, and legal representatives, the permitted
assigns and successors.
1.6.
"
This Contract" - Shall mean the Articles of Agreement, the conditions,
the Appendix, the Schedule of Quantities and specifications attached
hereto and duly signed.
1.7.
"
Site" - Shall mean the site of the contracted works including any
building and erection thereon and any other land (inclusively) as
aforesaid allotted by the
Bank for the contractor's use.
1.8.
“
Works” shall mean the works to be executed and recorded in
accordance with the Contract and shall include all extra or additional
altered or substituted works as required and recorded for the
performance of the Contract
1.9.
“
Contract Documents” shall include the notice inviting Tenders, the
Articles of Agreements, the General Conditions of Contract, the special
conditions of contract, the Appendices, the Schedule of Quantities,
Specifications for Materials, Work-Sheet and mode of measurements,
and drawings pertaining to the work. All sections of this Contract
Document are to be read together. Further such correspondence
between the
Bank /
Architect and Contractors as admitted by the
Bank before award of work and thereafter shall also form part of
contract documents.
1.10. “
Drawings” shall mean the drawings referred to in the specifications,
description of items etc. and any modifications of such drawings
approved in writing by the
Architect and such other drawings as may
from time to time be furnished or approved in writing by the
Architect.
1.11. “
Notice in Writing” or written notice shall mean a notice in writing,
typed or printed characters, sent by the
Bank or
Architect (unless
delivered personally or otherwise) proved to have been received by
SAILESH NAIR & ASSOCIATES
- 26 -
BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
registered post to the last known private or business address or
registered office of the contractors and shall be deemed to have been
received by them when in the ordinary course of post it would have
been delivered.
1.12. “
Act of Insolvency” shall mean any Act of Insolvency as defined by
the Presidency Towns Insolvency Act, or the Provincial Insolvency Act
or any Act amending such original act/s..
1.13.
“Virtual Completion” shall mean that the works are in the opinion of
the
Architect complete or fit for occupation.
1.14. Words importing persons include firms and Corporations, words
importing the singular only also include the plural and vice versa where
the context requires.
1.15. Headings and marginal notes to these conditions shall not be deemed
to form a part there of or be taken into consideration in the
interpretation or construction thereof or of the contract.
1.16. "
Net Prices" - If in arriving at the contract amount the contractor shall
have added to or deducted from the total of the items in the Tender any
sum, either as a percentage or otherwise, then the net price of any item
in the Tender shall be the sum arrived at by adding to or deducting
from the actual figure appearing in the Tender as the price of that item
a similar percentage of proportionate sum, provided always that in
determining the percentage or proportion of the sum so added or
deducted by the contractor the total amount of any Prime Cost Items
and Provisional sum of money shall be deducted from the total amount
of the Tender. The expression "net rates" or "net prices" when used
with reference to the contract or accounts shall be held to mean rates
or prices so arrived at. Words "importing persons" including firms and
corporations. Words importing the singular only also include the plural
and vice versa where the context requires.
2.
SCOPE OF CONTRACT:
2.1.
The contract comprises of the construction, completion and
maintenance of the works, provision of all labour, materials,
constructional plant, temporary works and everything whether of a
temporary or permanent nature required in and for such construction,
completion and maintenance.
2.2.
The Contractor shall carry out and complete the works in every respect
in accordance with this Contract and with the directions of and to the
satisfaction of the
Architect / Bank. The Architect may in his absolute
discretion and from time to time issue further drawings and/or written
instructions, details, directions and explanations, which are hereafter
collectively referred to as “
instructions”. These instructions shall be
reflected either in the minutes or in any other form when
Bank’s
approval/ consent is obtained in regard to: -
2.2.1.
The variation or modification of the design, quality or quantity
of works or the addition or omission or substitution of any
work.