Taking over certificate là gì

In the Contract (as hereinafter defined) the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires:

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Luật sư support pháp luật trực đường qua năng lượng điện thoại gọi: 1900.6162

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CONDITIONS OF CONTRACT

Definitions & Interpretation

1.1.

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Definitions

In the Contract (as hereinafter defined) the following words & expressions shall have sầu the meanings hereby assigned to them, except where the context otherwise requires:

(a) (i) “Employer” means ABC. Co. Ltd. và the legal successors in title to lớn such person, but not (except with the consent of the Contractor) any assignee of such person.

(ii) “Contractor” means the person whose Tender has been accepted by the Employer & the legal successors in title khổng lồ such person, but not (except with the consent of the Employer) any assignee of such person.

(iii) “Subcontractor” means any person named in the Contract as a Subcontractor for a part of the Works or any person khổng lồ whom a part of the Works has been subcontracted with the consent of the Engineer và the legal successors in title khổng lồ such person, but not any assignee of any such person.

(iv) “Engineer” means the person appointed by the Employer khổng lồ act as a Engineer for the purposes of the Contract và carry out any of his duties & authority specified in Sub-Clause 2.1, & named as such in Appendix khổng lồ Tender.

(v) “Engineer’s Representative” means a person appointed from time lớn time by the Engineer under Sub-clause 2.2.

(b) (i) “Contract” means these Conditions, the Specification, the Drawings, the Bill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (if completed) and such further documents as may be expressly incorporated in the Letter of Acceptance or Contract Agreement (if completed).

(ii) “Specification” means the specification of the Works included in the Contract and any modification thereof or addition thereto made under Clause 51 or submitted by the Contractor & approved by the Engineer.

(iii) ”Drawings” means all drawings, calculations and technical information of a lượt thích nature provided by the Engineer khổng lồ the Contractor under Contract và all Drawings, calculations, samples, patterns, models, operation & maintenance manuals và other technical information of a like nature submitted by the Contractor và approved by the Engineer.

(iv) “Bill of Quantities“ means the priced & completed bill of quantities forming part of the Tender.

(v) “Tender” means the Contractor‘s priced offer to lớn the Employer for the execution and completion of the Works & remedying of any defects therein in accordance with the provisions of the Contract, as accepted by the Letter of Acceptance.

(vi) “Letter of Acceptance” means the formal acceptance by the Employer of the Tender.

(vii) “Contract Agreement” means the contract agreement (if any) referred khổng lồ in Sub-Clause 9.1

(viii) “Appendix lớn Tender” means the appendix comprised in the form of Tender annexed lớn these Conditions.

(c) (i) “Commencement Date” means the date upon the Contractor receives the notice khổng lồ commence issued by the Engineer pursuant khổng lồ Clause 41.

(ii) “Time for Completion” means the time for completing the execution of và passing the Tests on Completion of the Works or any section or part thereof as stated in the Contract (or as extended under Clause 44) calculated from the Commencement Date.

(d) (i) “Tests on Completion” means the tests specified in the Contract or otherwise agreed by the Engineer & the Contractor which are to lớn be made by the Contractor before the Works or any Section or part thereof taken over by the Employer.

(ii) “Taking-Over Certificate “ means a certificate issued pursuant to Clause 48.

(e) (i) “Contract Price” means the sum stated in the Letter of Acceptance as payable khổng lồ the Contractor for the execution and completion of the Works & the remedying of any defects therein in accordance with the provisions of the Contract.

(ii) “Retention Money” means the aggregate of all monies retained by the Employer pursuant khổng lồ Sub-clause 60.2 (a).

(iii) ”Interlặng Payment Certificate” means any certificate of payment issued by the Engineer other than the Final Payment Certificate.

(iv) Final Payment Certificate” means the certificate of payment issued by the Engineer pursuant to Sub-Clause 60.8.

(f) (i) “Works” means the Permanent Works and the Temporary Works or either of them as appropriate.

(ii) “Permanent Works” means the permanent works to lớn be executed (including Plant) in accordance with the Contract.

(iii) “Temporary Works” means all temporary works of every kind (other than Contractor’s Equipment) required in or about the execution và completion of the Works and remedying of any defects therein.

(iv) ”Plant” means machinery, apparatus và the like intended khổng lồ size or forming part of the Permanent Works.

(v) “Contractor’s Equipment” means all appliances và things of whatsoever nature (other than temporary Works) required for the execution & completion of the Works và the remedying of any defects therein, but does not include Plant, materials or other things intended to size or forming part of the Permanent Works.

(vi) ”Section” means a part of the Works specifically identified in the Contract as a Section.

(vii) “Site” means the places provided by the Employer where the Works to be executed and any other places as may be specifically designated in the Contract as forming part of the Site.

(g) (i) “cost” means all expenditure properly incurred or khổng lồ be incurred, whether on or off the site, including overhead and other charges properly allocable thereto lớn but does not include any allowance for profit.

(ii) “day” means calendar day.

(iii) “foreign currency” means a currency of a country other than that in which the Works are lớn be located.

(iv) “writing” means any hand-written, type-written, or printed communication, include telex, cable và facsimile transmission.

Headings & Marginal Notes

1.2 The heading and marginal notes in these Conditions shall not be deemed part thereof or be taken inkhổng lồ consideration in the interpretation or construction thereof or of the Contract.

Interpretation

1.3 Words importing persons or parties shall include firms and corporations and any organisation having legal capađô thị.

Singular & Plural

1.4 Words importing the singular only also include the plural và vice versa where the context requires.

Notices, Consents, Approvals, Certificates & Determinations

1.5 Whenever in the Contract provision is made for the giving or issue of any notice consent, approval, certificate or determination by any person, unless otherwise specified such notice, consent, approval, certificate or determination shall be in writing & the words: ”notify”, “certify” or “determine” shall be construed accordingly. Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.

ENGINEER AND ENGINEER’S REPRESENTATIVE

Engineer’s Duties and Authority

2.1 (a) The Engineer shall carry out the duties specified in the Contract.

(b) The Engineer may exercise the authority specified in or necessarily lớn be implied from the Contract, provided, however, that if the Engineer is required, under the terms of his appointment by the Employer, khổng lồ obtain the specific approval of the Employer before taking any of the following actions:

(i) approving subletting of any part of the Works under Clause 4,

(ii) certifying additional cost determined under Clause 12,

(iii) determining an extension of time under Clause 44,

(iv) issuing a variation under Clause 51, except in an emergency situation, as reasonable by the Engineer, or of such variation would increase the Contract Price less than 2.00 %,

(v) issuing a Taking-Over Certificate pursuant to Clause 48.1, a Defects  Liability Certificate pursuant to Clause 61.2,

(vi) certifying payment of retention amounts pursuant to lớn Clause 60.3 or payment after termination pursuant lớn Clause 63.3.

Provided further that any requisite approval shall be deemed khổng lồ have sầu been given by the Employer for any such authority exercised by the Engineer.

(c) Except as expressly stated in the Contract, the Engineer shall have no authority lớn relieve the Contractor of any of his obligations under the Contract.

Engineer’s Representative

2.2 The Engineer’s Representative shall be appointed by và be responsible khổng lồ the Engineer và shall carry out such duties và exercise such authority as may be delegated to lớn him by the Engineer under Sub-Clause 2.3

Engineer’s Authority to Delegate

2.3 The Engineer may from time lớn time delegate khổng lồ the Engineer’s Representative sầu any of the duties & authorities vested in the Engineer and he may at any time revoke such delegation. And such delegation or revocation shall be in writing & shall not take effect until a copy thereof delivered to the Employer và the Contractor.

Any communication given by the Engineer’s Representative sầu to lớn the Contractor in accordance such delegation shall have sầu the same effect as thought it had been given by the Engineer. Provided that:

(a) any failure of Engineer’s Representative sầu to lớn disapprove sầu any work, materials or plant shall not prejudice the authority of the Engineer to disapprove sầu such work, materials or Plant and to lớn give instructions for the rectification thereof; &

(b) if the Contractor questions any communication of the Engineer’s Representative he may refer the matter khổng lồ the Engineer who shall confirm, reverse or vary the contents of such communication.

Appointment of Assistance

2.4 The Engineer or the Engineer’s Representative may appoint any number of persons to lớn assist the Engineer’s Representative in the carrying out of his duties under Sub-Clause 2.2. He shall notify to lớn the Contractor the names, duties and scope of authority of such persons. Such assistants shall have sầu no authority khổng lồ issue any instructions to lớn the Contractor save sầu in so far as such instructions may be necessary to lớn enable them khổng lồ carry out their duties and lớn secure their acceptance of materials, Plant or workmanship as being in accordance with the Contract & any instructions given by the Engineer’s Representative.

Instructions in Writing

2.5 Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed khổng lồ be an instruction within the meaning of this Sub-Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instruction of the Engineer và such confirmation is not contradicted in writing within 7 days by the Engineer, it shall be deemed khổng lồ be an instruction of the Engineer.

The provisions of this Sub-Clause shall equally apply to instructions given by the Engineer’s Representative and any assistants of the Engineer or the Engineer’s Representative appointed pursuant to Sub-Clause 2.4.

Engineer khổng lồ Act Impartially

2.6 Whenever under Contract, the Engineer is required lớn exercise his discretion by:

(a) giving his decision, opinion or consent,

(b) expressing his satisfaction or approval,

(c) determining value, or

(d) otherwise taking action which may affect the rights & obligations of the Employer or the Contractor

he shall exercise such discretion impartially within the term of the Contract & having regard lớn all the circumstances. Any such decision, opinion, consent, expression of satisfaction, or approval, determination of value or action may be opened up, reviewed or revised as provided in Clause 67.

ASSIGNMENT AND SUBCONTRACTING

Assignment of Contract

3.1 The Contractor shall not, without the prior consent of the Employer (which consent, notwithstanding the provisions of Sub-Clause 1.5, shall be at the sole discretion of the Employer), assign the Contract or any part thereof, or any benefit or interest therein or thereunder, otherwise than by:

(a) a change in favour of the Contractor’s bankers of any monies due or to lớn become due under the Contract, or

(b) assignment to lớn the Contractor’s insurers (in cases where the insurers have sầu discharged the Contractor’s loss or liability) of the Contractor’s right to obtain relief against any other các buổi tiệc nhỏ liable.

Subcontracting

4.1 The Contractor shall not subcontract the whole of the Works. Except where otherwise provided by the Contract, the Contractor shall not subcontract any part of the Works without the prior consent of the Engineer. Any such consent shall not relieve sầu the Contractor from any liability or obligation under the Contract và he shall be responsible for the acts, default và neglects of any subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen.

Provided that the Contractor shall not be required khổng lồ obtain such consent for:

(a) the provision of labour,

(b) the purchase of materials which are accordance with the standards specified in the Contract, or

(c) the subcontracting of any part of the Works for which the Subcontractor is named in the Contract.

Assignment of Subcontractor’s Obligations

4.2 In the event of a Subcontractor having undertaken towards the Contractor in respect of the work executed, or the goods, materials, Plant or services supplied by such Subcontractor, any continuing obligation extending for a period exceeding that of the Defects Liability Period under the Contract, the Contractor shall at any time, after the expiration of such Period, assign lớn the Employer, at the Employer ‘s request & cost, the benefit of such obligation for the unexpired duration thereof.

CONTRACT DOCUMENTS

Language(s) and Law

5.1 (a) The language of the Contract is the English language và Vietnamese language with the same value. All documents & correspondence to lớn be prepared & produced under the Contract shall be written in the English language and Vietnamese language. In case of any discrepancy or ambiguity, the English language shall prevail upon,

(b) The Contract shall be governed by & construed in accordance with the laws of The United Kingdom.

Priority of Contract Documents

5.2 The several documents forming the Contract are khổng lồ be taken as mutually explanatory of one another but in case of ambiguities or discrepancies the same shall be explained và adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon & in such sự kiện, unless otherwise provided in the Contract, the priority of the documents forming the Contract shall be as follows:

(1) The Contract Agreement (if completed);

(2) The Letter of Acceptance;

(3) The Tender;

(4) These Conditions; and

(5) Any other document forming part of the Contract.

Custody & Supply of Drawings & Documents

6.1 The Drawing shall remain in the sole custody of the Engineer, but two copies thereof shall be provided khổng lồ the Contractor free of charge. The Contractor shall make at his own cost any further copies required by him. Unless it is strictly necessary for the purposes of the Contract, the Drawings, Specification và other documents provided by the Employer or the Engineer shall not, without the consent of the Engineer, be used or communicated lớn a third tiệc nhỏ by the Contractor. Upon issue of the Defects Liability Certificate, the Contractor shall return lớn the Engineer all Drawings, Specification và other documents provided under the Contract .

The Contractor shall supply the Engineer four copies of all Drawings, Specification & other documents submitted by the Contractor và approved by the Engineer in accordance with Clause 7, together with a reproducible copy of any material which cannot be reproduced to lớn an equal standard by photocopying. In addition the Contractor shall supply such further copies of such Drawings. Specification và other documents as the Engineer may request in writing for the use of the Employer, who shall pay the cost thereof.

One Copy of Drawings to lớn be kept on Site

6.2One copy of the Drawings, provided to or supplied by the Contractor as aforesaid, shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer & by any other person authorised by the Engineering in writing.

Disruption of Progress

6.3 The Contractor shall give notice khổng lồ the Engineer, with a copy lớn the Employer, whenever planning or execution of the Works is likely lớn be delayed or disrupted unless any further drawing or instruction is issued by the Engineer within a reasonable time. The notice shall include details of the drawing or instruction required và of why & by when it is required và of any delay or disruption likely lớn be suffered if it is late.

Delay & Cost of Delay of Drawings

6.4Void.

Failure by Contractor lớn Submit Drawings

6.5 If the failure or inability of the Engineer khổng lồ issue any drawings or instructions is caused in whole or in part by the failure of the Contractor to lớn submit Drawings.

Specification or other documents which he is required khổng lồ submit under the Contract, the Engineer shall take such failure by the Contractor into account when making his determination pursuant lớn :

(a) any extension of time lớn which the Contractor is entitled under Clause 44, and

(b) the amount of such costs, which shall be added to lớn the Contract Price, 

và shall notify the Contractor accordingly, with a copy to the Employer.

Supplementary Drawings & Instructions

7.1 The Engineer shall have sầu authority lớn issue khổng lồ the Contractor, from time to lớn time, such supplementary Drawings and instructions as shall be necessary for the purpose of the proper and adequate execution và completion of the Works & the remedying of any defects therein. The Contractor shall carry out & be bound by the same.

Permanent Works Designed by Contractor

7.2 Where the Contract expressly provides that part of the Permanent Works shall be designed by the Contractor, he shall submit to lớn the Engineer, for approval:

(a) such drawings, specifications, calculations và other information as shall be necessary to lớn satisfy the Engineer as lớn the suitability & adequacy of that thiết kế, and

(b) operation and maintenance manuals together with drawings of the Permanent Works as completed, in sufficient detail lớn enable the Employer to lớn operate, maintain, dismantle, reassemble & adjust the Permanent Works incorporating that kiến thiết. The Works shall not be considered to lớn be completed for the purposes of taking over in accordance with Clause 48 until such operation và maintenance manuals, together with drawings on completion, have been submitted to and approval by the Engineer.

Responsibility Unaffected by Approval

7.3 Approval by the Engineer, in accordance with Sub-Clause 7.2, shall not relieve sầu the Contractor of any of his responsibilities under the Contract.

GENERAL OBLIGATIONS

Contractor’s General Responsibilities

8.1 The Contractor shall, with due care and diligence, thiết kế (khổng lồ the extent provided for by the Contract), exeđáng yêu và complete the Works & remedy any defects therein in accordance with the provisions of the Contract. The Contractor shall provide all superintendence, labour, materials, Plant, Contractor’s Equipment và all other things, whether of a temporary or permanent nature, required in & for such design, execution, completion và remedying of any defects, so far as necessity for providing the same is specified in or is reasonably to lớn be inferred from the Contract.

The Contractor shall give prompt notice to lớn Engineer, with a copy khổng lồ the Employer of any error, omission, fault or other defect in the kiến thiết of or Specification for the Works which he discovers when reviewing the Contract or executing the Works.

Site Operations and Methods of Construction

8.2 The Contractor shall take full responsibility for the adequacy, stability và safety of all Site operations và methods of construction. Provided that the Contractor shall not be responsible (except as stated hereunder or as may be otherwise agreed) for the kiến thiết or specification of Permanent Works, or for the thiết kế or specification of any Temporary Works not prepared by the Contractor. Where the Contract expressly provides that part of the Permanent Works shall be designed by the Contractor, he shall be fully responsible for that part of such Works, notwithstanding any approval by the Engineer.

Contract Agreement

9.1 The contractor shall, if called upon so khổng lồ bởi vì, enter inlớn & exedễ thương the Contract Agreement, to lớn be prepared và completed at the cost of the Employer, in the khung annexed to these Conditions with such modification as may be necessary.

Performance Security

10.1 If the Contract requires the Contractor to lớn obtain security for this proper performance of the Contract, he shall obtain and provide to the Employer such security within 28 days after the receipt of the Letter of Acceptance, in the sum stated in the Appendix lớn Tender. When providing such security lớn the Employer, the Contractor shall notify the Engineer of so doing. Such security shall be in the form annexed lớn these Conditions or in such other size as may be agreed between the Employer & the Contractor. The institution providing such security shall be subject to lớn the approval of the Employer. The cost of complying with the requirements of this Clause shall be borne by the Contractor, unless the Contract otherwise provides

Any amount deducted from the performance security shall be immediately reimbursed by the Contractor to lớn the guaranteeing ngân hàng in order to lớn maintain its full value throughout its validity period.

Period of Validity of Performance Security

10.2 The performance security shall be valid until the Contractor has executed and completed the Works and remedied any defects therein in accordance with the Contract. No clayên shall be made against such security after the issue of the Defects Liability Certificate in accordance with Sub-Clause 62.1 and such security shall be returned to lớn the Contractor with in 14 days of the issue of the said Defects Liability Certificate.

Claims under Performance Security

10.3 Prior to lớn making a clayên under the performance security the Employer shall, in every case, notify the Contractor stating the nature of the mặc định in respect of which the clayên ổn is khổng lồ be made.

Inspection of Site

11.1 The Employer shall have sầu made available to the Contractor, before the submission by the Contractor of the Tender, such data on hydrological và sub-surface conditions as have been obtained by or on behalf of the Employer from investigations undertaken relevant khổng lồ the Works but the Contractor shall be responsible for his own interpretation thereof.

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The Contractor shall be deem to have sầu inspected & examined the Site & its surroundings and information available in connection therewith và lớn have satisfied himself (so far as is practicable, having regard khổng lồ considerations of cost và time) before submitting his Tender, as to:

(a) The size and nature thereof, including the sub-surface conditions,

(b) The hydrological and climatic conditions,

(c) The extent và nature of work và materials necessary for the execution và completion of the Works và remedying of any defects therein, and

(d) The means of access khổng lồ the Site & the accommodation he may require,

&, in general, shall be deemed khổng lồ have sầu obtained all necessary information subject as above mentioned, as khổng lồ risks, contingencies và all other circumstances which may influence or affect his Tender.

The Contractor shall be deemed khổng lồ have sầu based his Tender on the data made available by the Employer and on his own inspection và examination, all as aforementioned.

Sufficiency of Tender

12.1 The Contractor shall be deemed lớn have satisfied himself as to lớn the correctness and sufficiency of the Tender & of the rates & prices stated in the Bill of Quantities, all of which shall, except insofar as it is otherwise provided in the Contract, cover all his obligations under Contract (including those in respect of the supply of goods, materials, Plant or services or of contingencies for which there is a Provisional Sum) và all matter and things necessary for the proper execution và completion of the Works and the remedying of any defects therein.

Not Foreseeable Physical Obstructions or Conditions

12.2 Void

Work khổng lồ be in Accordance with Contract

13.1 Unless it is legally or physically impossible, the Contractor shall exexinh đẹp and complete the Works & remedy any defects therein in strict accordance with the Contract to lớn the satisfaction of the Engineer. The Contractor shall comply with & adhere strictly to lớn the Engineer’s instructions on any matter, whether mentioned in the Contract or not, touching or concerning the Works. The Contractor shall take instructions only from the Engineer (or his delegate).

Programme to be Submitted

14.1 The Contractor shall, within trăng tròn days after the Date of the Letter of Acceptance, submit to the Engineer for his consent a programme, in such form and detail as the Engineer shall reasonably prescribe, for the execution of the Works. The Contractor shall, when-ever required by the Engineer, also provide in writing for his information a general description of the arrangements và methods which the Contractor proposes to lớn adopt for the execution of the Works.

Revised Programme

14.2 If at any time it should appear to lớn the Engineer that the actual progress of the Works does not conform to lớn the programme to which consent have sầu been given under Sub-Clause 14.1, the Contractor shall produce, at the request of the Engineer, a revised programme showing the modifications to lớn such programme necessary khổng lồ ensure completion of the Work within the Time for Completion.

Cash Flow Estimate khổng lồ be Submitted

14.3 The Contractor shall, within đôi mươi days after the date of the Letter of Acceptance, provide to lớn the Engineer for his information a detailed cash flow estimate, in quarter periods, of all payments to which the Contractor will be entitled under the Contract & the Contractor shall subsequently supply serviced cash flow estimates at quarterly intervals, if required lớn bởi vì so by the Engineer.

Contractor not Relieved of Duties or Responsibilities

14.4 The submission lớn và consent by the Engineer of such programmes or the provision of such general descriptions or cash flow estimates shall not relieve sầu the Contractor of any of his duties or responsibilities under the Contract.

Contractor’s Superintendence

15.1 The Contractor shall provide all necessary superintendence during the execution of the Works & as long thereafter as the Engineer may consider necessary for the proper fulfilling of the Contractor’s obligations under the Contract. The Contractor, or a competent và authorised representative sầu approved of by the Engineer, which approval may at any time be withdrawn, shall give his whole time to the superintendence of the Works. Such authorised representative shall receive, on behalf of the Contractor, instructions from the Engineer.

If approval of the representative sầu is withdrawn by the Engineer, the Contractor shall as soon as is practicable, having regard to lớn the requirement of replacing hyên ổn as hereinafter mentioned, after receiving notice of such withdrawal, remove sầu the representative from the Works and shall not thereafter employ him again on the Works in any capacity & shall replace hyên ổn by another representative sầu approved by the Engineer.

Language Ability of Contractor’s Representative

15.2 If the Contractor’s authorized representative is not, in the opinion of the Engineer, fluent in the English language, the Contractor shall have available on site at all times a competent interpreter khổng lồ ensure the proper transmission of instructions và information.

Contractor’s Employees

16.1 The Contractor shall provide on the Site in connection with the execution and completion of the Works & remedying of any defects therein:

(a) only such technical assistants as are skilled & experienced in their respective callings & such foremen & leading hands as are competent lớn give sầu proper superintendence of the Works, and

(b) such skilled, semi-skilled và unskilled labour as is necessary for the proper và timely fulfilling of the Contractor’s obligations under the Contract.

Engineer at Liberty lớn Object

16.2 The Engineer shall be at liberty to object to lớn & require the Contractor lớn remove sầu forthwith from the Works any person provided by the Contractor who, in the opinion of the Engineer, misconducts himself, or is incompetent or negligent in the proper performance of his duties, or whose presence on Site is otherwise considered by the Engineer lớn be undesirable, and such person shall not be again allowed upon the Works without the consent of the Engineer. Any person so removed from the Works shall be replaced as soon as possible.

Language Ability of Superintending Staff

16.3 A reasonable proportion of the Contractor’s superintending staff shall have a working knowledge of English and Vietnamese language or the Contractor shall have available on site at all times a sufficient number of competent interpreter lớn ensure the proper transmission of instructions và information.

Setting-Out

17.1 The Contractor shall be responsible for:

(a) the accurate setting-out of the Works in relation lớn original points, line and levels of reference given by the Engineer in writing,

(b) the correctness, subject as above sầu mentioned, of the position, levels, dimensions & alignment of all parts of the Works, and

(c) the provision of all necessary instruments, appliances và labour in connection with the foregoing responsibilities.

If, at any time during the execution of the Works, any error appears in the position, levels, dimensions or alignment of any part of the Works, the Contractor, on being required to lớn do so by the Engineer, shall, at his own cost, rectify such error to the satisfaction of the Engineer.

The checking of any setting-out or of any line or cấp độ by the Engineer shall not in any way relieve sầu the Contractor of his responsibility for the accuracy thereof and the Contractor shall carefully protect & preserve all bench-marks, sight-rails, pegs và other things used in setting-out the Works.

Boreholes & Exploratory Excavation

18.1 If, at any time during the execution of the Works, the Engineer requires the Contractor khổng lồ make boreholes or to carry out exploratory excavation, such requirement shall be subject of an instruction in accordance with Clause 51, unless an sản phẩm or a Provisional Sum in respect of such works is included in the Bill of Quantities.

Safety, Security và Protection of the Environment

19.1 The Contractor shall, thought the execution và completion of the Works & remedying of any defects therein:

(a) have full regard for the safety of all persons entitled to lớn be upon the Site & keep the Site (so far as the same is under his control) & the Works (so far as the same are not completed or occupied by the Employer) in an orderly state appropriate khổng lồ the avoidance of danger khổng lồ such persons.

(b) provide and maintain at his own cost all lights, guards, fencing, warning signs & watching, when và where necessary or required by the Engineer or by any duly constituted authority, for the protection of the Works or for the Safety và convenience of the public or others, and

(c) take all reasonable steps to protect the environment on & off the Site and to avoid damage or nuisance to persons or khổng lồ property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation

Employer’s Responsibilities

19.2 If under Clause 31 the Employer shall carry out work on the Site with his own workmen he shall, in respect of such work:

(a) have full regard lớn the safety of all persons entitled lớn be upon the Site, and

(b) keep the Site in an orderly state appropriate lớn the avoidance of danger to such persons.

If under Clause 31 the Employer shall employ other contractors on the Site he shall require them to lớn have the same regard for safety và avoidance of danger.

Care of Work

20.1 The Contractor shall take full responsibility for the care of the Works và materials & Plant for incorporation therein from the Commencement Date until the date of issue of the Taking-Over Certificate for the whole of the Works, when the responsibility for the said care shall pass to lớn the Employer. Provided that:

(a) if the Engineer issues a Taking-Over Certificate for any Section or part of the Permanent Works, the Contractor shall cease khổng lồ be liable for the care of that section or part from the date of issue of the Taking-Over Certificate, when the responsibility for the care of that Section or part shall pass to lớn the Employer, and

(b) The Contractor shall take full responsibility for the care of any outstanding Works và materials and Plant for incorporation therein which he undertakes khổng lồ finish during the Defects Liability Period until such outstanding Works have sầu been completed pursuant khổng lồ Clause 49.

Responsibility to lớn Rectify Loss or Damage

20.2 If any loss or damage happens to the Works, or any part of thereof, or materials or Plant of incorporation therein, during the period for which the Contractor is responsible for the care thereof, from any cause whatsoever, other than the risks defined in Sub-Clause trăng tròn.4, the Contractor shall, at his own cost, rectify such loss or damage so that the Permanent Works conform in every respect with the provisions of the Contract lớn the satisfaction of the Engineer. The Contractor shall also be liable for any loss or damage khổng lồ the Works occasioned by hyên ổn in the course of any operations carried out by hlặng for the purpose of complying with his obligations under Clause 49 and 50.

Loss or Damage Due to lớn Employer’s Risks

20.3 Void

Employer’s Risks

trăng tròn.4 Void

Insurance of Works and Contractor’s Equipment

21.1 The Contractor shall, without limiting his or the Employer’s obligations & responsibilities under Clause 20, insure:

(a) the Works, together with materials and Plant for incorporation therein, lớn the full replacement cost (the term “cost” in this context shall include profit)

(b) the Contractor’s Equipment and other things brought onto the Site by the Contractor, for a sum sufficient khổng lồ provide for their replacement at the Site.

Scope of Cover

21.2 The issuance in paragraphs (a) và (b) of Sub-Clause 21.1 shall be in the joint names of the Contractor and the Employer and shall cover:

(a) the Employer và the Contractor against all loss or damage from whatsoever cause arising, other than as provided in Sub-Clause 21.4, from the start of work of the Site until the date of issue the relevant Taking -Over Certificate in respect of the Works or any Section or part thereof as the case may be, and

(b) the Contractor for his liability:

(i) during the Defects Liability Period for loss or damage arising from a cause occurring prior khổng lồ the commencement of the Defects Liability Period, and

(ii) for loss or damage occasioned by the Contractor in the course of any operations carried out by hlặng for the purpose of complying with his obligations under Clauses 49 and 50.

Responsibility for Amounts not Recovered

21.3 Any amounts not insured or not recovered from the insurers shall be borne by the Employer or the Contractor in accordance with their responsibilities under Clause đôi mươi.

Exclusions

21.4 There shall be no obligation for the insurances in Sub-Clause 21.1 to lớn include loss or damage caused by:

(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,

(b) rebellion, revolution, insurrection, or military or usurped power, or civil war,

(c) ionising radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active sầu toxic explosive or other hazardous properties or any explosive nuclear assembly or nuclear component thereof, or

(d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.

Damage to Persons and Property

22.1 The Contractor shall, except if & so far as the Contract provides otherwise, indemnify the Employer against all losses và claims in respect of:

(a) death of or injury to any person, or

(b) loss of damage khổng lồ any property (other than the Works),

which may arise out of or in consequence of the execution và completion of the Works & the remedying of any defects therein, và against all claims, proceedings, damages, costs, charges và expenses whatsoever in respect thereof or in relation therekhổng lồ, subject to the exceptions defined in Sub-Clause 22.2.

Exceptions

22.2 The “exceptions “ referred to in the Sub-Clause 22.1 are:

(a) the permanent use or occupation of l& by the Works, or any part thereof

(b) the right of the Employer to exexinh tươi the Works, or any part thereof, on, over, under, in or through any l&,

(c) damage lớn property which is the unavoidable result of the execution và completion of the Works, or the remedying of any defects therein, in accordance with the Contract, and

(d) death of or injury lớn persons or loss of or damage to lớn property resulting from any act or neglect of the Employer, his agents, servants or other contractors, not being employed by the Contractor, or in respect of any claims, proceedings, damages, cost, charges & expenses in respect thereof or in relation therelớn or, where the injury or damage was contributed to lớn by the Contractor, his servants or agents, such part of the said injury or damage as may be just và equitable having regard lớn the extent of the responsibility of the Employer, his servants or agents or other contractors for the injury or damage.

Indemnity by Employer

22.3 The Employer shall indemnify the Contractor against all claims, proceedings, damages, costs, charges và expenses in respect of the matters referred to lớn in the exceptions defined in Sub-Clause 22.2.

Third Party Insurance (including Employer’s Property)

23.1 The Contractor shall, without limiting his or Employer’s obligations và responsibilities under Clause 22, insure, in the joint names of the Contractor và the Employer, against liabilities for death of or injuries khổng lồ any person (other than as provided in Clause 24) or loss of or damage to lớn any property (other than the Works) arising out of the performance of the Contract, other than the exceptions defined in paragraphs (a), (b), & (c) of Sub-Clause 22.2.

Minimum Amount of Insurance

23.2 Such insurance shall be for at least the amount stated in the Appendix to lớn Tender.

Cross Liabilities

23.3 The insurance policy shall include a cross liability clause such that the insurance shall apply to lớn the Contractor and to lớn the Employer as separate insureds.

Accident or Injury to lớn Workmen

24.1 The Employer shall not be liable for or in respect of any damages or compensation payable lớn any workman or other person in the employment of the Contractor or any Subcontractor, other than death or injury resulting from any act or default of the Employer, his agents or servants. The Contractor shall indemnify & keep indemnified the Employer against all such damages & compensation, other than those for which the Employer is liable as aforesaid, và against all claims, proceedings, damages, costs, charges, and expenses whatsoever in respect thereof or in relation therelớn.

Insurance Against Accident lớn Workmen

24.2 The Contractor shall insure against such liability và shall continue such insurance during the whole of the time that any persons are employed by hyên on the Works. Provided that, in respect of any persons employed by any Subcontractor, the Contractor’s obligations khổng lồ insure as aforesaid under this Sub-Clause shall be satisfied if the Subcontractor shall have sầu insure against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such Subcontractor lớn produce to the Employer, when required, such policy of insurance và the receipt for the payment of the current premium.

Evidence & Terms of Insurances

25.1 The Contractor shall provide evidence to the Employer prior khổng lồ the start of work at the Site that the insurances required under the Contract have sầu been effected and shall, within 84 days of the Commencement Date, provide the insurance policies khổng lồ the Employer, the Contractor shall notify the Engineer of so doing. Such insurance policies shall be consistent with the general terms agreed prior to the issue of the Letter of Acceptance. The Contractor shall effect all insurances for which he is responsible with insurers and in terms approved by the Employer.

Adequacy of Insurances

25.2 The Contractor shall notify the insurers of changes in the nature, extent or programme for the execution of the Works and ensure the adequacy of the insurances at all times in accordance with the terms of the Contract & shall, when required, produce to lớn the Employer the insurance policies in force và the receipts for payment of the current premiums.

Remedy on Contractor’s Failure khổng lồ Insure

25.3 If the Contractor fails lớn effect & keep in force any of the insurances required under the Contract, or fails to provide the policies lớn the Employer within the period required by Sub-Clause 25.1, then và in any such case the Employer may effect and keep in force any such insurances và pay any premium as may be necessary for that purpose & from time to time deduct the amount so paid from any monies due or lớn become due to lớn the Contractor, or recover the same as a debt due from the Contractor.

Compliance with Policy Conditions

25.4 In the sự kiện that the Contractor or the Employer fails khổng lồ comply with conditions imposed by the insurance policies effected pursuant khổng lồ the Contract, each shall indemnify the other against all losses & claims arising from such failure.

Compliance with Statutes, Regulations

26.1 The Contractor shall conform in all respects, including by the giving of all notices và the paying of all fees, with the provisions of:

(a) any National or State Statute, Ordinance, or other Law, or any regulation, or bye-law of any local or other duly constituted authority in relation lớn the execution & completion of the Works và the remedying of any defects therein, and

(b) the rules and regulations of all public bodies và companies whose property or rights are affected or may be affected in any way by the Works,

and the Contractor shall keep the Employer indemnified against all penalties and liability of every kind for the breach of any such provisions. Provided always that the Employer shall be responsible for obtaining any planning, zoning or other similar permission required for the Works to lớn proceed và shall indemnify the Contractor in accordance with Sub-Clause 22.3.

Fossils

27.1 Void

Patent Rights

28.1 The Contractor shall save sầu harmless và indemnify the Employer from & against all claims & proceeding for or on account of infringement of any patent rights, thiết kế trademark or name or other protected rights in respect of any Contractor’s Equipment, materials or Plant used for or in connection with or for incorporation in the Works & from và against all damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto lớn, except where such infringement results from compliance with the design or Specification provided by the Engineer

Royalties

28.2 Except where otherwise stated, the Contractor shall pay all tonnage và other royalties, rent & other payments or compensation, if any, for getting stone, s&, gravel, clay or other materials required for the Works.

Interference with Traffic and Adjoining Properties

29.1 All operations necessary for the execution and completion of the Works và the remedying of any defects therein shall, so far as compliance with the requirements of the Contract permits, be carried on so as not khổng lồ interfere unnecessarily or improperly with:

(a) the convenience of the public, or

(b) the access to lớn, use and occupation of public or private roads và footpaths lớn or of properties whether in the possession of the Employer or any other person.

The Contractor shall same harmless & indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to lớn, any such matters in so far as the Contractor is responsible therefore.

AVoidance of Damage to Roads

30.1 The Contractor shall use every reasonable means to lớn prsự kiện any of the roads or bridges communicating with or on the routes lớn the Site from being damaged or injured by any traffic of the Contractor or any of his Subcontractors và, in particular, shall select routes, choose & use vehicles & restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of materials, Plant, Contractor’s Equipment or Temporary Works from & to the Site shall be limited, as far as reasonably possible, and so that no unnecessary damage or injury may be occasioned to lớn such roads và bridges.

Transport of Contractor’s Equipment or Temporary Works

30.2 Save sầu insofar as the Contract otherwise provides, the Contractor shall be responsible for và shall pay the cost of strengthening any bridges or altering or improving any road communicating with or on the routes to the Site khổng lồ facilitate the movement of the Contractor’s Equipment or Temporary Works & the Contractor shall indemnify and keep indemnified the Employer against all claims for damage khổng lồ any such road or bridge caused by such movement, including such claims as may be may directly against the Employer, and shall negotiate and pay all claims arising solely out of such damage.

Transport of Materials or Plant

30.3 If, notwithstanding Sub-Clause 30.1 any damage occurs khổng lồ any bridge or road communicating with or on the routes to the Site arising from the transport of materials or Plant, the Contractor shall notify the Engineer with a copy khổng lồ the Employer, as soon as he becomes aware of such damage or as soon as he receives any clayên ổn from the authority entitled to make such clayên ổn. Where under any law or regulation the haulier of such materials or Plant is required to lớn indemnify the road authority against damage the Employer shall not be liable for any costs, charges or expenses in respect thereof or in relation therelớn. In other cases the Employer shall negotiate the settlement of và pay all sums due in respect of such claim and shall indemnify the Contractor in respect thereof and in respect of all claims, proceedings, damages, costs, charges & expenses in relation therekhổng lồ. Provided that if & so far as any such clayên or part thereof is, in the opinion of the Engineer, due to lớn any failure on the part of the Contractor lớn observe sầu và persize his obligations under Sub-Clause 30.1, then the amount, determined by the Engineer after due consultation with the Employer và the Contractor, to lớn be due lớn such failure shall be recoverable from the Contractor by the Employer và may be deducted by the Employer from any monies due or lớn become due to the Contractor & the Engineer shall notify the Contractor accordingly, with a copy lớn the Employer. Provided also that the Employer shall notify the Contractor whenever a settlement is lớn be negotiated và, where any amount may be due from the Contractor, the Employer shall consult with the Contractor before such settlement is agreed.

Waterborne Traffic

30.4 Where the nature of the Works is such as to require the use by the Contractor of waterborne transport the foregoing provision of this Clause shall be construed as though “road” include a lochồng, doông chồng, sea wall or other structure related to a waterway & “vehicle” included craft, and shall have effect accordingly.

Opportunities for Other Contractor

31.1 The Contractor shall, in accordance with the requirements of the Engineer, afford all reasonable opportunities for carrying out their work to:

(a) any other contractors employed by the Employer và their workmen,

(b) the workmen of the Employer, and

(c) the workmen of any duly constituted authorities who may be employed in the execution on or near the Site of any work not included in the Contract or of any contract which the Employer may enter into lớn in connection with or ancillary lớn the Works.

Facilities for Other Contractors

31.2 If, however, pursuant to Sub-Clause 31.1 the Contractor shall, on the written request of the Engineer:

(a) make available to lớn any such other contractor, or khổng lồ the Employer or any such authority, any roads or ways for the maintenance of which the Contractor is responsible,

(b) permit the use, by any such, of Temporary Works or Contractor’s Equipment on the Site, or

(c) provide any other service of whatsoever nature for any such,

the Engineer shall determine an addition to the Contract Price in accordance with Clause 52 và shall notify the Contractor accordingly, with a copy khổng lồ the Employer.

Contractor to Keep Site Clear

32.1 During the execution of the Works the Contractor shall keep the Site reasonably không tính phí from all unnecessary obstruction và shall store or dispose of any Contractor’s Equipment và surplus materials và clear away and remove from the Site any wreckage, rubbish or Temporary Works no longer required.

Clearance of Site on Completion

33.1 Upon the issue of any Taking-Over Certificate the Contractor shall clear away and remove sầu from that part of the Site lớn which such Taking-Over Certificate relates all Contractor’s Equipment, surplus material, rubbish và Temporary Works of every kind, & leave such part of the Site và Works clean & in a workmanlượt thích condition khổng lồ the satisfaction of the Engineer. Provided that the Contractor shall be entitled lớn retain on the Site, until the kết thúc of the Defects Liability Period, such materials, Contractor’s Equipment and Temporary Works as are required by hyên ổn for the purpose of fulfilling his obligations during the Defects Liability Period.

LABOUR

Engagement of Staff & Labour

34.1 Void.

Compliance with Labour Law

34.2 Void.

Returns of Labour & Contractor’s Equipment

35.1 Void.

MATERIALS, PLANT AND WORKMANSHIP

Quality of Materials, Plant & Workmanship

36.1 All materials, Plant & workmanship shall be:

(a) of the respective sầu kinds described in the Contract and in accordance with the Engineer’s instructions, and

(b) subjected from time lớn time to such tests as the Engineer may required at the place of manufacture, fabrication or preparation, or on the Site or at such other place or places as may be specified in the Contract, or at all or any such places.

The Contractor shall provide such assistance, labour, electrithành phố, fuels, stores, apparatus & instruments as are normally required for examining, measuring và testing any materials or Plant và shall supply samples of materials, before incorporation in the Works, for testing as may be selected and required by the Engineer.

Cost of Samples

36.2 All samples shall be supplied by the Contractor at his own cost if the supply thereof is clearly intended by or provided for in the Contract.

Cost of Tests

36.3 The cost of making any test shall be borne by the Contractor if such thử nghiệm is:

(a) clearly intended by or provided for in the Contract, or

(b) particularised in the Contract (in cases only of a chạy thử under load or of a test to lớn ascertain whether the thiết kế of any finished or partially finished work is appropriate for the purposes which it was intended lớn fulfil) in sufficient detail lớn enable the Contractor to price or allow for the same in his Tender.

Cost of Tests not Provided for

36.4 Void.

Engineer’s Determination where Tests not Provide for

36.5 Void.

Inspection of Operations

37.1 The Engineer, and any person authorised by him, shall at all reasonable times have access khổng lồ the Site and to all workshops & place where the materials or Plant are being manufactured, fabricated or prepared for the Works & the Contractor shall afford every facility for và every assistance in obtaining the right to lớn such access.

Inspection & Testing

37.2 The Engineer shall be entitled, during manufacture, fabrication or preparation khổng lồ inspect và test the materials & Plant lớn be supplied under the Contract. If materials or Plant are being manufactured, fabricated or prepared in workshops or places other than those of the Contractor, the Contractor shall obtain permission for the Engineer khổng lồ carry out such inspection và testing in those workshops or places. Such inspection or testing shall not release the Contractor from any obligation under the Contract.

Dates for Inspection and Testing

37.3 The Contractor shall agree with the Engineer on the time and place for the inspection or testing of any materials or Plant as provided in the Contract. The Engineer shall give sầu the Contractor not less than 24 hours notice of his intention to lớn carry out the inspection or lớn attend the tests. If the Engineer, or his duly authorised representative sầu, does not attend on the date agreed, the Contractor may, unless otherwise instructed by the Engineer, proceed with the tests, which shall be deemed to lớn have sầu been made in the presence of the Engineer. The Contractor shall forthwith forward to lớn the Engineer duly certified copies of the chạy thử readings. If the Engineer has not attended the tests, he shall accept the said reading as accurate.

Rejection

37.4 If, at the time & place agreed accordance with Sub-Clause 37.3, the materials or Plant are not ready for inspection or testing or if, as a result of the inspection or testing referred lớn in this Clause, the Engineer determines that the materials or Plant are defective or otherwise not in accordance with the Contract, he may reject the materials or Plant và shall notify the Contractor thereof immediately. The notice shall state the Engineer’s objections with reasons. The Contractor shall then promptly make good the defect or ensure that rejected materials or Plant comply with the Contract. If the Engineer so requests, the kiểm tra of rejected materials or Plant shall be made or repeated under the same terms & conditions. All costs incurred by the Employer by the repetition of the tests shall, after due consultation with the Employer và the Contractor, be determine by the Engineer & shall be recoverable from the Contractor by the Employer và may be deducted from any monies due or to become due lớn the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer.

Independent Inspection

37.5 The Engineer may delegate inspection and testing of materials or Plant to an independent inspector. Any such delegation shall be effected in accordance with Sub-Clause 2.4 và for this purpose such independent inspector shall be considered as an assistant of the Engineer. Notice of such appointment (not being less than 14 days) shall be given by the Engineer to lớn the Contractor.

Examination of Work before Covering up

38.1 No part of the Works shall be covered up or put out of the view without the approval of the Engineer và the Contractor shall afford full opportunity for the Engineer khổng lồ examine và measure any such part of the Works which is about lớn be covered up or put out of view và to lớn examine foundations before any part of the Works is placed thereon. The Contractor shall give notice to lớn the Engineer whenever any such part of the Works or foundations is or are ready or about to lớn be ready for examination and the Engineer shall, without unreasonable delay, unless he considers it unnecessary & advises the Contractor accordingly, attover for the purpose of examining và measuring such part of the Works or of examining such foundations.

Uncovering và Making Openings

38.2 The Contractor shall uncover any part of the Works or make openings in or through the same as the Engineer may from time to lớn time instruct và shall reinstate và make good such part. If any such part has been covered up or put out of view after compliance with the requirement of Sub-Clause 38.1 và is found to lớn be executed in accordance with the Contract, the Engineer shall, after due consultation with the Employer & the Contractor, determine the amount of the Contractor’s costs in respect of such of uncovering, making openings in or though, reinstating and making good the same, which shall be added khổng lồ the Contract Price, và shall notify the Contractor accordingly, with a copy lớn the Employer. In any other case all cost shall be borne by the Contractor.

Removal of Improper Work, Materials or Plant

39.1 The Engineer shall have sầu authority to lớn issue instructions from time lớn time, for:

(a) the removal from the Site, within such time or times as may be specified in the instruction, of any materials or Plant which, in opinion of the Engineer, are not in accordance with the Contract,

(b) the substitution on of proper and suitable materials or Plant, and

(c) the removal & proper re-execution, notwithstanding any previous chạy thử thereof or interim payment therefor, of any work which, in respect of

(i) materials, Plant or workmanship, or

(ii) kiến thiết by the Contractor or for which he is responsible,

is not, in the opinion of the Engineer, in accordance with the Contract.

Default of Contractor in Compliance

39.2 In case of default on the part of the Contractor in carrying out such instruction within the time specified therein or, if none, within a reasonable time, the Employer shall be entitled to lớn employ và pay other person lớn carry out the same & all cost consequent thereon or incidental therekhổng lồ shall, after due consultation with the Employer and the Contractor, be determined by the Engineer and shall be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any monies due or lớn become due khổng lồ the Contractor and the Engineer shall notify the Contractor accordingly, with a copy lớn the Employer.

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SUSPENSION

Suspension of Work

40.1 The Contractor shall, on the instructions of the Engineer, suspover the progress of the Works or any part thereof for such time và in such manner as the Engineer may consider necessary & shall, during such suspension, properly protect and secure the Works or such part thereof so far as is necessary in the opinion of the Engineer.

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