SAILESH NAIR & ASSOCIATES
- 77 -
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
subject always to such specific instructions or directions of
the
Bank, which shall be duly notified to the Contractor.
11.2. TO DEFINE TERMS AND EXPLAIN PLANS:
11.2.1.
The various parts of the Contract are intended to be
complementary to one another; but should any discrepancy
appear, or any misunderstanding arise as to the import of
anything contained therein, the explanations of the
Architect
shall be final and binding. The correction of any errors or
omissions of the Drawings and Specifications may be made
by the
Architect, when such correction is necessary to bring
out clearly the intention, which is indicated by a reasonable
interpretation of the drawings & Specifications as a whole.
11.3. MATTERS TO BE FINALLY DETERMINED BY THE ARCHITECT:
11.3.1.
The
Architect’s decision, opinion, direction, Certificates
(except for payments) with respect to all or any of the matter
under clauses “2, 8.1.7, 4.4.3 6.2.3, 8.4.2 (a) (b), (c), (d), (f)”
and the schedule of rates, hereof shall be final and
conclusive and binding on the parties hereto and shall be
without appeal.
Banks' instructions if any, in this regard in
case of any urgency, shall also be confirmed/vetted by the
Architect at the earliest possible.
11.3.2.
Any of the decision, opinion, direction certificate, or valuation
of the
Architect or any refusal of the
Architect to give any of
the same shall be subject to the right of Arbitration and
review in the same way in all respect (including the provision
as to opening the reference) as if it were a decision of the
Architect under the following clause.
11.4. TYPOGRAPHICAL OR CLERICAL ERRORS:
11.4.1.
The
Architect’s clarifications regarding partially omitted
particulars or typographical or clerical errors shall be final
and binding on the Contractor.
11.5. SITE VISITS:
11.5.1.
The
Architect / Bank shall visit the site from time to time at
their discretion, or when expressly called upon to do so, to
co-ordinate various activities and/or to answer such queries
that may be posed at site on electrification drawings.
11.6. ADDRESS FOR SERVICE
11.6.1.
All letters and Notices under or pursuant to these presents
shall be hand delivered against acknowledgement or sent by
Registered Post with Acknowledgement Due at the
respective addresses mentioned below. Any change in the
addresses shall be duly intimated by the concerned Party to
all others.
SAILESH NAIR & ASSOCIATES
- 78 -
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
Address for the
Bank
The Asst. General Manager,
Bank of Baroda, Regional Office,
2
nd
Floor,”Kishor Plaza”,
Station Road,
Anand – 388 001
Address for the
Architect:
SAILESH NAIR & ASSOCIATES
1, DEFENCE KARMACHARI HOUSING SOCIETY
NR. UNITED COLONY
B/H. NAVRACHANA SCHOOL
SAMA, VADODARA – 390 008
11.7. TAKING OVER
11.7.1.
Upon the successful completion of all the tests to be
conducted at site on the materials/items executed by the
contractor, the
Architect shall issue a recommendation letter
to the
Bank confirming that the electrification is ready to be
taken over by the
Bank. Issuance of such recommendation
letter for taking over shall not relieve the contractor of any of
his obligations under the terms and conditions of contract.
11.8. DISPUTES
11.8.1.
SETTLEMENT OF DISPUTE BY ARBITRATION
a) Disputes and differences of any kind whatsoever arising out
of or in connection with this contract or the carrying out of the
works (whether during the progress of the works or within
one year after their completion, or within one year after the
determination or abandonment or breach of the contract)
excepting however, on matters referred to in clause 9.3 and
9.5 of General Conditions of Contract hereof, shall be
referred by either party for arbitration after giving at least 30
days notice in writing to the other(s) (hereinafter referred to
as the ‘Notice for Arbitration’) clearly setting out the items of
disputes for reference to a Sole Arbitrator to be appointed as
hereinafter provided.
b) For the purpose of appointing the Sole Arbitrator referred to
above, the
Bank will send to the Contractor within thirty days
of the Notice for Arbitration, a panel of three names of