SAILESH NAIR & ASSOCIATES
- 35 -
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
5.2.
VARIATIONS TO BE APPROVED BY THE BANK
5.2.1.
Notwithstanding anything herein contained the rates for such
extra/variation items shall be derived as far as possible from
like items in the tender, adding/subtracting cost for such
variations from like items.
5.2.2.
In the event of such extra/variation items totally differ in
specification/character/nature, rates for such items will be
worked out based on prevailing market rates for the
ingredients that go into making such of items and finalised by
the
Architect in consultation with the
Bank.
5.3.
DEFECTS
5.3.1.
DEFECTS AFTER COMPLETION:
Any defect in work and materials or due to unsound installation
or other faults which may appear either in the work executed or
in materials used within the ”
Defects Liability Period” stated in
the
Appendix to General Conditions of Contract hereto or if
none stated, then for a period of twelve months after the Virtual
Completion of the work, arising in the opinion of the
Architect /
Bank from materials or workmanship not being in accordance
with the Contract, shall upon the directions and writing of the
Architect, and within such reasonable time as shall be specified
therein, be amended and made good by the Contractor, at his
cost unless, the
Architect in consultation with the Bank shall
decide that he ought to be paid for such amending and making
good and in case of default the
Bank may employ and pay other
persons to correct the faults, and all damages, loss and
expenses consequent thereon or incidental thereto shall be
made good and borne by the Contractor and such damage, loss
and expenses shall be recoverable from him by the
Bank or
may be deducted by the
Bank upon the
Architect’s certificate
in writing from the amount retained with the
Bank vide relevant
Clause for "Certificate and Payment" or any money due or that
may become due to the Contractor or the
Bank may in lieu of
such amending and making good by the Contractor, deduct
from such money a sum, to be determined by the
Architect,
equivalent to the cost of amending such works, and in the event
the said amount retained under relevant clause For "Certificate
and Payment" and/or the other sums payable to the Contractor
being insufficient, recover the balance from the Contractor.
5.3.2.
INSPECTION & TESTS
a) ACCESS FOR INSPECTION:
The Contractor is to provide at all times during the progress
of the works and the maintenance period proper means of
access, ladders, gangways etc. and the necessary
attendants to move and adapt the same as directed for the
inspection or measurement of the works by the
Architect /
Bank or their representatives.
SAILESH NAIR & ASSOCIATES
- 36 -
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
5.3.3.
TESTING
OF
WORKS
AND
MATERIALS
AND
PREPARATION OF SAMPLES:
a) The Contractor shall arrange to test materials and/or portions
of the works as instructed by
Architect / Bank to
specifications/ ISI standards at his own cost, in order to
provide their soundness and efficiency. If after any such test,
the work or portions of the works are found to be defective or
unsound, the Contractor shall pull down and re-erect the
same at his own cost.
b) Samples of various materials shall be submitted by the
Contractor for approval prior to ordering out the same.
Wherever necessary the Contractor shall, at his own cost,
prepare samples to indicate the workmanship.
5.3.4.
TEST DATA
All the materials shall be tested jointly with the
Bank /
Architect as required by the various sections of the
specification and Test Data shall be furnished as required.
5.3.5.
GENERAL CONDITIONS FOR TESTS TO BE CALLED
FOR APPROVAL PURPOSE
a) The Contractor shall carry out in the presence of
Bank’s
Representative all specified tests. Such tests shall be carried
out at the manufacturer’s works or at the works of the
Contractor or approved Sub-Contractor.
b) The Contractor shall then forward all the relevant copies of
Tests so performed in 3 sets for the record of the
Bank /
Architect. No compensation of any kind will be payable to
the Contractor for carrying out such tests.
c) The Contractor shall give clear 15 days notice in writing for
all such tests to be carried out at relevant place of
Manufacture, Works, Sub-works etc.
6.
COST CONTROL
6.1.
QUANTITIES
6.1.1.
SCHEDULE OF QUANTITIES:
a) The Schedule of the Quantities unless otherwise stated shall
be deemed to have been prepared in accordance with the
standard procedure of the
Architect, and shall be
considered to be approximate and no liability shall attach to
the
Architect / Bank for any error that may be discovered
therein.
6.1.2.
SUFFICIENCY OF SCHEDULE OF QUANTITIES:
a) The Contractor shall be deemed to have satisfied himself
before tendering as to the correctness and sufficiency of his
tender for the works and of the prices stated in the Schedule
of Quantities and/or the Schedule of Rates and Prices, which