CERTIFICATE OF VESTING OF MATERIALS

This certificate is for the benefit of whose registered office

is (“ ”) and relates to the Materials and Contract described in the Schedule attached.

We [ ] of [ ] in consideration of agreement to
include in the next interim payment under the Contract the sum of [ ] (£[ ]) in
respect of the Materials warrant and undertake to Network Rail that:-

1 the Materials are intended for incorporation in [ ] (the “Works”);

2 nothing remains to be done to the Materials to complete the same up to the point of
their incorporation in the Works;

3 the Materials have been set apart and stored at the Premises described in the
Schedule attached and have been clearly and visibly marked as follows:

“These materials are for use at [ ]”;

4 property in the Materials (including but not limited to supplies received by us from a
third party for incorporation in the Materials) is vested absolutely in us and the
Materials are free from all encumbrances and charges and we are able to pass title in
the Materials absolutely;

5 the Materials are in every respect in accordance with the requirements of the Contract;

6 the Materials shall at all times after the date of this Certificate until the Materials are
delivered to and placed on or adjacent to the Works be insured for their full
reinstatement value under a policy of insurance protecting the interests of and
us against any loss or damage howsoever arising and we have provided to
evidence of the existence of the said insurance policy;

7 the Materials can be inspected at any time upon reasonable notice by and/or
any of Network there consultants or the duly authorised agents of any of them; and

8 we shall not, except for use on the Works, remove or cause or permit the Materials to
be moved or removed from the Premises named in the Schedule attached.

We declare that property in the Materials shall unconditionally vest in upon receipt of the
interim payment referred to above.

Nothing contained in this Certificate or the Contract or any payment that may be made to us in
respect of the Materials shall be taken as any approval by and/or any of there consultants
that the Materials are in accordance with the Contract.

We shall indemnify and save harmless from all costs, claims, demands, losses and
expenses of whatsoever nature arising from any loss or damage to the Materials howsoever
arising and any breach or non-observance of any of the terms contained in this Certificate.

Dated ……………………………

1 VERSION 1.1
Signed by ……………………………………………………………………………………….
on behalf of [ ]

1
[We [ ] of [ ] engaged under a
subcontract dated [ ] by [ ] in consideration of
the payment to us of £1 (one pound) by warrant that the statements made in provisions 1 to 8
above are true and correct and that all the actions referred to have been taken.

Dated ……………………………

Signed by ……………………………………………………………………………………….
on behalf of [ ]]

1
To be used if a subcontractor’s/supplier’s confirmation is also required.

2 VERSION 1.1
 SCHEDULE

Contract:

Premises:

Materials:

3 VERSION 1.1