VOL I Fabrication Terms and Condition PDF

RAW MATERIAL STORE BUILDING, VADODARA COLUMN STRENGTHENING & OTHER FABRICATION WORK
VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.
A.) GENERAL CONDITIONS OF CONTRACT:
1. Details of Project
a. Project / Site Name: Raw Material Store Building Column Strengthening by Fabrication & other
Fabrication Works.
b. Type of works: Fabrication Work for Column Strengthening by MS Fabrication Jacketing & other
Fabrication Works.
c. No. of Floor: All Floors.
2. Scope of Work for this Tender:

Brief scope of works includes complete Column Strengthening works for columns and other Fabrication
works for the existing Raw Material Store building as per the enclosed BOQ & all applicable works as
required in column Strengthening and other fabrication works for Raw Material Store building as per the
requirement unless specified separately.
i. All the materials / elements / accessories related to fabrication structure drawing shall be in scope of
Contractor. All the equipments and machinerys such as breakers, cutters, blades, welding machines &
Rods, Drill machines, etc. required for column Strengthening and other Fabrication works shall be in
scope of Contractor.
ii. Contractor shall use existing material provided by client.
iii. Welding, fixing, grinding of joints and finishing to be done as per the drawings and up to satisfaction of
PM.
iv. Fabrication including welding, grinding of joints, Bombay masala filling (wherever grinding / jointing is
not acceptable by PM), etc.
v. All open ends of hollow pipes to be closed, grinded and finished up to satisfaction of PM.
vi. Contractor shall apply 2 coats of red oxide on all fabricated structures / elements / members before
sending to site. Also he has to carryout touching work after installation, if required.
vii. Responsibility of material brought by Contractor and its storage, loading, unloading and transportation
at all lifts and leads shall be in scope of Contractor. Loading, transportation to site and unloading at
required location, lifting the material / members to required location / level for fixing as per guidance of
engineer in charge and PM shall be in scope of Contractor.
viii. Contractor shall arrange necessary man power and machinery, fasteners, screws, wedges, aldrops,
locking arrangement and all other hardware and misc. items required for carrying out the works as well
as zari work (making only), excavations, foundations and cement grouting (for poles and other
structures).
ix. Contractor shall arrange enough man power and install material to meet our schedule as per the
interim milestones informed from time to time. Contractor has to install the Materials as per the
schedule given by Clients representative.
x. Contractor shall ensure that no damages shall take place to other executed work and he shall
coordinate with other agencies working at site.
xi. Responsibility of all the workers during execution of the work shall be in scope of Contractor, client
shall nowhere be responsible for any injuries caused to any workers.
xii. Supply of cement for grouting & fixing work will be under scope of Contractor with all required
materials including cement, sand, coarse aggregates, reinforcement steel, etc., tool and tackles
whichever and wherever required.
xiii. Contractor shall match the joints of two different members evenly.
xiv. Any drilling work required to make hole in fabrication member for passing the electrical wire or fixing
fixtures shall be under scope of Contractor.
xv. Any scaffolding required to complete the works will be in the scope of Contractor.
xvi. Fabricator shall execute all the works in single length as shown in drawing, in case it is not feasible to
execute the works in single length the joint shall be executed upon approval of engineer in charge. If in
case contractor is observed using waste material then the same shall not be acceptable and removed
immediately upon notification from client.
xvii. If the materials are not as per specification mentioned in order and terms agreed upon as well if any
defect found / dissatisfaction by client if any than the total material shall be replaced immediately upon
intimation from client.
xviii. Rectification for the wrong works done shall be at Contractors cost and shall be done immediately
once informed by engineer in charge/PM.
xix. Make of material to use
Contractor has to use the Tata, Surya, Asian, Essar, Apollo, Jindal, Sail, Vizag make material. In
case of non-availability of sizes or non-availability of material in market then contractor can utilize ISI
mark material with prior approval of brand from time to time before use in writing or on mail for
particular structure as per drawing. No other brand material to be used without prior intimation and
approval from the client.
VOLUME I COLUMN STRENGTHENING & OTHER FABRICATION WORK (GCC & SPCC) 1
SEAL OF TENDERER
Substandard material will be rejected without giving any justification for which Contractor has to
supply the good quality material without affecting the progress of work.
In case any structural elements are not available in the approved brands mentioned above then
Contractor with adequate backups shall approach clients PM for the approval of alternate brand for
the particular member only.
Red oxide Asian Paint.
Shear Connectors, Specific nails and Bolting systems HILTI.
Rebaring works Specifications as per civil tender part or need to take approval prior starting of work.
Contractor shall get the approval of make of material for other works before starting the works.
3. TENDERER TO STUDY DOCUMENTS AND VISIT SITE

a. Submission of the tender by the tenderer implies that he has read tender documents and has made
himself aware of the scope specifications of the work, conditions of contract, drawings and other
reports if any and also the site environment.
b. Tenderers are requested to inspect and examine the site and its surroundings before submitting tender
so as to satisfy themselves about -
i. Nature of ground and soil conditions (so far as practicable).
ii. Conditions of existing building and structures (so far as practicable)
iii. Means of access to the site.
iv. Accommodation they may require for staff / labour at and around site (Not to be provided by us).
v. Water and Electricity requirements for construction and for staff / labour, etc.
vi. Risk, contingencies, safety regulations to be followed and any other circumstances.
vii. Local conditions and other factors affecting the works.
viii. Acquaint himself with local hydrological and climatic conditions.
c. Acquaint himself with Rules and Regulations of Local authorities including traffic, airport authorities or
any other if any.
d. The Tenderer shall be deemed to have full knowledge of documents and site and no extra charges
consequent on any misunderstanding or otherwise shall be allowed.
e. Questions regarding the meaning of any of the tender documents and discrepancies shall be directed
to the Company in writing / mail minimum 4 days prior to the due date of submission of tender. All
clarifications, interpretations, meanings and specific directions if any shall be issued in writing to all the
tenderers by the Company. One copy of these shall be returned duly signed and seal affixed along with
tender submission.
4. SUFFICENCY OF TENDER
The Tenderer shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his tender for the works and about the rates and prices quoted by him, and except in so far as
it is otherwise provided in the contract, cover all his obligations under the contract and all matters and things
necessary for proper execution and maintenance of the works.
5. TENDER TO BE VALID FOR

a. The Tenderer shall not withdraw or revise or alter any conditions, rate(s) quoted within a stated period,
unless he is called upon to do so in mutual agreement / negotiations.
6. TIME FOR COMPLETION

The Contractor is required to complete the work in Parts as per tender programme / mutually accepted
programme in contract including milestones stated for each building. Also whole of the work shall be
completed in accordance with the provision, within the time stated in the Contract i.e. 45 days from the date
of issuance of WO/LOI by client, as that within which the Works are to be commenced, or such extended
time as may be allowed under clause or the section (as case may be) for extension of time for completion
hereof.
a. Suspension of work : The PM shall have full power to order suspension of the work
b. In the opinion of the PM, the Contractor is neglecting and failing to proceed with due diligence in
performance of his part of the Contract.
c. The Contractor has defaulted more than once / twice to carryout instructions for removal of improper
work and material.
d. The weather or social condition is detrimental to execution of Work.
e. Due to force majeure.
7. IDLE CHARGES
a. The Contractor shall not be paid any idle charges for any delays.
8. PENALTY FOR DELAYS ON THE PART OF CONTRACTOR
SEAL OF TENDERER
a. The Contractor is bound to complete work stage wise; Milestones detailed in Contract programme or as
per the revised approved programme. Additional ten days may be considered prior to imposition for
stage wise penalty if approved by the Company, failing which intermediate compensation shall be
levied. In the event of the Contractor failing to comply with the condition here above the contract is
liable to be terminated at any stage and/or the Contractor shall be liable to pay as compensation such
amount as the PM in consultation of the Company may decide of the Contract, sum for the quantity of
Work that remains incomplete.
b. If the Contractor shall fail to achieve completion of the whole of the Works or, if applicable, any section
within the time prescribed by clause a hereof relating to time of Completion, then the Contractor shall
pay to the Company the sum of 0.5% per week as an amount of compensation for delays for every
week or part of which shall elapse between the time prescribed by clause 6 hereof and the date of
certified completion of whole of the Works or any section thereof, if applicable. The Company may,
without prejudice to any other method of recovery, deduct the amount of such damages from any
monies in his hands, due or which may become due to the Contractor as a debt. The payment or
deduction of such damages shall not relieve the Contractor from his obligation to complete whole of the
Works or any sections, or from any other of his obligations and liabilities under the Contract.
c. If, before the completion of the whole of the Works, any part or section of the Works has been certified
by the PM as completed, pursuant to clause a hereof, and occupied or used by the Company, the
amount of compensation for delay shall, for any period of delay after issue of such Completion
Certificate and in the absence of alternative provisions in the Contract be reduced in the proportion
which the value of the part or section so certified bears to the value of the whole of the Works.
9. SITE FACILITIES
i. Water supply
The Company will supply Water free at one point near site. Further Contractor shall make his own
arrangement for storage tank, laying all the pipe lines, making connections, distribution, maintaining the
same and dismantling on completion of work and making good any damage due to removal of such
piping work. No claims for hold up or delay in Work on this account of non-availability of water shall be
entertained.
ii. Electric supply
The Company will supply Electricity at one point near site location on chargeable basis and contractor
shall get sub meter installed as well as extension of wire / cable shall be done at his cost. In case the
client provides electricity at his cost then the contractor is entitled for deduction of 1.5% from each RA
bill.
The Contractor shall make his own arrangement for suitable standby power. Further he shall arrange at
his own cost the necessary switch board, and other switch gears, etc., and shall be responsible for their
maintenance.
a. Further distribution shall be done by the Contractor at his cost as per approved layout. He shall provide
required clearances for overhead lines to facilitate easy movement of machinery. These overhead lines
shall be shifted and rerouted at the Contractor's cost during execution of work if the same are found to
obstruct any other work of any agency working at site or requires to be shifted due to unforeseen
reasons.
b. On completion of the Work, the Contractor shall to the satisfaction of the PM, remove all wiring installed
by him and make good, any disturbance or damage done.
c. The Contractor shall employ a certified and licensed Electrician for carrying out this work.
d. For measuring the power usage of Contractor sub-meter is to be fixed by Contractor.
iii. Contractor's Offices, Go-downs, Workshop
The Company shall allow at his own discretion and convenience land for the construction of the
Contractor's site office, go downs, workshop assembly yard near the site at cost; the Contractor shall
include such expenses for project duration in contract rates. The Contractor shall construct and
maintain at his cost, all these temporary works which shall be well ventilated, lighted and provided with
water, electricity and sanitary arrangement to the approval of the PM.
The Contractor shall remove immediately on completion of the work such building and make good, to
the satisfaction of the PM, all the damages sustained. The Company through the PM may order, if so
required by the Company removal of such building or buildings and the Contractor shall carry out such
instructions at no additional cost to the Contract.
10. CLEANING OF WORKS

Immediately prior to handing over the works, the Contractor shall thoroughly clean all buildings and external
paved areas, and generally clean the Works to the approval of the Engineer.
11. ALTERATIONS, ADDITIONS AND OMISSIONS

i. Variations
SEAL OF TENDERER
The Architect, the Consultants (Structural & Services) through the PM shall make any variation in the
form, quality or quantity of the Works or any part thereof that may, in his opinion, be necessary and for
that purpose, or if for any other reason it shall, in his opinion, be desirable, he shall have the power to
order the Contractor through the PM with prior approval of the Company to do and the Contractor shall
do any of the followings
a. increase or decrease the Work (Area) included in the Contract,
b. change the character or quality or kind of any such Work,
c. change the levels, lines, position and dimensions of any part of the Works,
d. execute additional work of any kind necessary for the completion of the Works,
e. Change any specified sequence or timing of construction of any part of the Works.
And no such variation shall in any way vitiate or invalidate the Contract, but the value, if any, of all such
variations shall be taken into account in ascertaining the amount of the Contract Price.
12. EXECUTION OF ADDITIONAL WORK

The Contractor is bound to carry out any items of work necessary for the completion of the job even
though such items may not be part of his offer. He shall be instructed in writing by the PM for such works
and rates shall be settled.
13. STORAGE OF MATERIAL:

The client at owns discrete and availability shall provide space for storage of materials.
14. SECURITY / RESPONSIBILITY OF MATERIALS AND WORKERS:

i. Safe custody of materials shall be the responsibility of the Contractor. The client shall not at any time be
liable for the loss of or damage to any of the said materials.
ii. Safety of the working persons will be liability of Contractor. Safety of workers will be the responsibility of
Contractor and Contractor has to take all proper precautions to avoid accidents. Contractor shall
provide Personal protective equipment to all workers at Contractors risk and cost. Required accessories
for safety to be provided by Contractor like helmet, safety shoes, safety belts, safety nets, etc.
15. COORDINATION WITH OTHER CONTRACTORS / AGENCIES:

The Contractor shall at all times co-ordinate with all other Contractor / vendors / suppliers on the site
including the Civil, Finishing, other Fabrication, Elevator, HVAC, Glazing, Electrical, Plumbing, Fire Fighting
or any other specialized contractor / agencies without any hindrances and extra cost and allow them to carry
out their works smoothly & efficiently. No time delays will be acceptable and/or allowed due to lack of
coordination between the civil Fabricators and the other Fabricators to be appointed at the site.
16. DRAWINGS/DOCUMENTS, ETC. :

The Contractor will receive from the clients PM / Architect two prints of the drawings approved for construction
for structural member works with details of all members and required sections for further work.
i. In general, the Drawings shall indicate dimensions, position and type of construction; the Specifications
shall indicate the quality of materials and the method of execution. Any Work not specifically detailed, called
for, marked or specified but required to be carried out prior, along with or afterward as customary or
prerequisite or post requisite for technical or practical requirement shall be deemed to be part of respective
items of relevant Document.
ii. The Contractor's work shall not deviate from the Drawings and the Specifications. The PMs interpretations
of these Documents shall be final and without appeal.
iii. Inconsistencies or errors discovered in the Drawings and Specifications shall be promptly brought to the
attention of the PM for interpretation or correction. Local conditions which may affect the Works shall
likewise be brought to the PMs attention. If at any time, it is discovered that the Works is being done which
is not in accordance with the Contract, Drawings and Specifications, the Contractor shall correct the Works
immediately. Corrections of defective Works shall not be a basis for any claim for extension of time. The
Contractor shall not carry on the Works except with the knowledge of the PM.
iv. Figured dimensions on the Drawings and large size details shall govern and take precedence over small
scale Drawings. Any Work done before receipt of such details, if not in accordance with the same, shall be
removed and replaced or adjusted, as directed by the PM to the Contractor without expense to the
Company. The general conditions apply with equal force to all the Works including authorized extra Works.
17. STANDARDS TO BE FOLLOWED

At various places throughout the specifications and the Price Bid, references are made to the standards,
specifications and bye-laws issued by the Indian Standard Institution and other similar organizations or
other relevant standards issued elsewhere. These references shall in every case be deemed to include the
latest edition or issue of such standards, specifications and bye-laws including all revisions, amendments
and addenda subsequently issued. Where materials are not specified and standards exist in respect of such
SEAL OF TENDERER
materials, then the materials shall in all respects comply with the relevant and current I.S.I. and for
measurements IS Codes. In such cases where I.S.I. do not exist, the specified approved manufacturers'
specification shall be followed; in absence of all these, the PM's instructions shall be followed.
The Contractor shall give the specific list of materials proposed to be used by him along with the tender
document under scope of contractor. The PM reserves the right to accept or reject the names proposed by
him in the list. Any cost implication due to this shall be at the cost of the Contractor. The Contractor cannot
claim extra costs due to changes made by the PM at the time of approval.
18. FURTHER DRAWINGS AND INSTRUCTIONS :

The Architect & Consultants (Structural & Services) through PM shall have full power and authority to
supply to the Contractor, from time to time, during the progress of the Works, such further Drawings and
instructions as shall be necessary for the purpose of the proper and adequate execution and maintenance
of the Works. The Contractor shall carry out and be bound by the same.
19. SUB-LETTING :
The Contractor shall not sub-let the whole or any part of the Works except where otherwise provided by the
Contract. The Contractor shall not sub-let any part of the Works without the prior written consent of the PM /
Company, which shall not be unreasonably withheld. However, such consent, if given, shall not relieve the
Contractor from any liability or obligation under the Contract and he shall be wholly responsible for,
i. Carrying out and completing the works in all respects in accordance with the Contract.
ii. Acts, defaults and neglects of any sub-Contractor, 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 always that the
provision of labour on a piecework basis shall not be deemed to be a sub-letting under this Clause.
20. INSPECTION OF SITE :

The Contractor shall be deemed to have inspected and examined the site and its surroundings and
information available in connection therewith and to have satisfied himself, so far as is practicable, before
submitting his tender, as to the form and nature thereof, including the sub-surface conditions, the
hydrological and climatic conditions, the extent and nature of work and materials necessary for the
completion of the Works and the remedying of any defects therein, the means of access to the site and the
accommodation he may require and, in general, shall be deemed to have obtained all necessary
information, subject as above mentioned, as to risk, contingencies and all other circumstances which may
influence or affect his tender and the Company shall not in any event be liable for any damage or loss
caused to the Contractor in relation to the same.
21. SUSPENSION OF WORK :

The PM shall have full power to order suspension of the work
i. In the opinion of the PM, the Contractor is neglecting and failing to proceed with due diligence in
performance of his part of the Contract.
ii. The Contractor has defaulted more than once / twice to carryout instructions for removal of improper work
and material.
iii. The weather or social condition is detrimental to execution of Work.
iv. Due to force majeure.
22. CONTRACTOR TO KEEP SITE CLEAR :

During the progress of the Works, the Contractor shall keep the Site reasonably free from all unnecessary
obstructions and shall store or dispose-off any constructional plant and surplus materials and clear away
and remove from the site any wreckage, rubbish or temporary Works no longer required.
23. CLEARANCE OF SITE ON COMPLETION :

On the completion of the Works, the Contractor shall clear away and remove from the site all constructional
plant, surplus materials, rubbish and Temporary Works of every kind, and leave the whole of the Site and
works clean and in a workmanlike condition to the satisfaction of the PM.
24. WATCHING AND LIGHTING :

The Contractor shall, in connection with the Works, provide and maintain at his own cost all lights, guards,
fencing and watching when and where necessary or as required by the PM, or by any duly constituted
authority, for the protection of the Works, or for the safety and convenience of the public or others.
25. ELECTRICAL SAFETY REGULATIONS :

In no circumstances will Contractor interfere with fuses and electrical equipment belonging to the Company
or other contractors.
Before Contractor connects any electrical appliances to any plug or socket, he will:
SEAL OF TENDERER
i. Satisfy the Company that the appliance is in good condition and conform to relevant Indian Standards.
ii. Inform The Company of the maximum current rating, voltage and number of phases of the appliance.
iii. Obtain permission of The Company to deal with the appliance to which the socket may be connected.
iv. The Company will not grant permission to plug in until he satisfied that:
v. The appliance is in good condition and is fitted with a suitable plug.
vi. The appliance if fitted with a suitable cable having two earth conductors, one of which shall be on
earthed metal sheath surrounding the cores.
vii. No electrical cable in use by other Contractor / the Company will be disturbed without prior permission.
No weight of any description will be imposed on any such cable and no ladder or similar equipment will
rest against or be attached to it.
viii. The voltage for all portable equipment e.g. drilling, machines, temporary lighting, etc. will not exceed 24
(twenty-four) volts.
ix. No work must be carried out on any live equipment. Equipment must be made safe by the Contractor
and a Permit-to-Work issued by the Company before any work is carried out.
x. All electrical connections, installation shall be certified Safe by an approved Electrical Inspector before
connecting it to source.
26. ERRORS AND OMISSION :

Any apparent errors or omissions in drawings or specifications or instructions by the Architect, Consultants
(Structural & Services) shall be brought to the notice of the PM. The PM shall correct such error or
omissions necessary to fulfill the interest of works. The Contractor shall neither be eligible for any additional
cost, time etc. on this account nor shall he be permitted to take any advantage thereof.
27. LABOUR AND COMPLIANCES :

i. Engagement of Labour.
The Contractor shall make his own arrangements for the engagement of all labour, local or otherwise,
and, save insofar as the Contract otherwise provides, shall be solely liable and responsible for the
transport, housing, feeding and payment thereof.
ii. Supply of Water.
The Contractor shall, so far as is reasonably practicable, having regard to local conditions, provide on
the site, to the satisfaction of the PM, an adequate supply of drinking and other water for the use of the
Contractor's staff and work people. Further the Contractor shall comply with model rules framed by
Government for labour welfare, protection of health, sanitation, etc., failing which the PM reserves the
right to effect such arrangements at the Contractor's risk and cost. The Client / Company shall not at
any time be liable for any such provisions and the Contractor shall indemnify the Client / Company in
this regard.
iii. Alcoholic Liquor or Drugs
The Contractor shall not, in accordance with the Statutes, Ordinances and Government Regulations or
Orders for the time being in force, import, sell, give, barter or otherwise dispose off any alcoholic liquor
or drugs or permit or suffer any such importation, sale, gift, barter or disposal by his Sub- Contractors,
agents or employees.
iv. Arms and Ammunition
The Contractor shall not give, barter or otherwise dispose-off to any person or persons, any arms or
ammunition of any kind or permit or suffer the same as aforesaid.
v. Festivals and Religious Customs
The Contractor shall in all dealings with his labour in his employment in connection with the Works
have due regard to all recognized festivals, days of rest and religious or other customs.
vi. Epidemics.
In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply with and carry
out such regulations, orders and requirements as may be made by the Government, or the local
medical or sanitary authorities for the purpose of dealing with and overcoming the same.
vii. Disorderly Conducts
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or
disorderly conduct by or amongst his employees and for the preservation of peace and protection of
persons and property in the neighborhood of the Works against the same.
viii. Observance by Sub-Contractor
The Contractor shall be responsible for observance by his sub-contractors of the foregoing provisions.
ix. First Aid
The Contractor shall, at his cost, provide, equip and maintain throughout the construction period and so
far as may be necessary during the Period of Maintenance (Defect Liability Period), in a position on site
approved by the PM, suitable and sufficient first aid facilities for the general use of his and his sub-
contractors' staff and work people.
SEAL OF TENDERER
28. LABOUR LAWS :

i. Acts
The Contractor shall in respect of labour employed by him either directly / or through sub-contractors
comply with the provisions of the Building and other Construction works Act 1996 and the Gujarat
Building and other Construction workers Rules, 2003 all labour legislation including the latest
requirements of all the Acts, Laws, any Regulation or Bylaws or any local or other statutory Authority
applicable in relation to the execution of Works, such as the Payment of Wages Act, 1936, Minimum
Wages Act, 1948, Apprentices Act 1961. Any other Act including E.S.I.C. or enactment relating thereto
and rules framed there under from time to time, Industrial Employment (Standing Order) Act, 1946
(Amended), Personal Injuries (Compensation Insurance) Act, 1963 and any modifications thereof and
Rules made there under from time to time, Employees Provident Fund and Miscellaneous Provision
Act,1952, Client/Company's Liability Act, 1938, Workmen's Compensation Act, 1923 (Amended Act
No.65 of 1976), Maternity Benefit Act,1961, the Contract Labour Regulation and Abolition Act, 1970
(Amended) and Mines Act, 1932 Equal Remuneration Act 1976, and Modifications thereof in force or
amended from time to time and any other labour legislation, which may be applicable to the employees
of the Contractor from time to time.
ii. Employment of Labour
The Contractor shall provide the quantum of labour he deems necessary, or required by the PM, for the
construction and completion of the Works. The Contractor shall employ local labour, as far as possible.
Arrangements which affect the engagement, transport, paying, feeding and housing of labour and all
other matters in connection therewith shall be subject to the regulations and orders of the Government
now in force or which may be made from time to time during the continuance of the Contract.
iii. Rates of Wages and Hours
The Contractor shall, in respect of all persons employed by him in or about the execution of the
Contract including the Works, pay rates of wages emoluments and expenses and observe hours and
conditions of labour according to the conditions established for the trade or industry or prescribed by
regulation or order in force in the district where the work is carried out.
iv. Project Managers Power to Recover
The PM shall, on report having been made by an Inspecting Officer as defined in the Contractor's
Labour Regulations, have the power to deduct from the moneys due to the Contractor any sum
required or estimated for making good the loss suffered by a worker or workers by reason of non-
fulfillment of the conditions of the Contract for the benefit of workers, non-payment of wages or of
deductions made from his or their wages which are not justified by the norms of the Contract or non-
observance of the said Contractor's Labour Regulations.
29. EMPLOYEES' STATE INSURANCE SCHEME :

The Contractor shall be liable to pay his contribution and Employees contribution to the State Insurance
Scheme in respect of all labour employed by him or for the execution of the contract in accordance with the
provisions of "The Employees' State Insurance Act,1948" as amended from time to time. The tenderer shall
be obliged to ascertain the application at project site and shall make allowance as he deemed fit. The
Client/Company shall be indemnifies on this account.
30. RETURNS OF LABOUR :

i. The Contractor shall maintain all prescribed registers, records and other documents in compliance with
applicable labour laws and allow the PM to have access to these documents for inspection. However
these inspections shall not absolve the Contractor of his responsibility for any breach or violation of rules
and regulations under the respective acts.
ii. The Contractor shall obtain prescribed recommendations from the Regional Provident Fund
Commissioner under the Employees' Provident Fund and Misc. Provisions Act,1952 and shall cause
provident fund contributions from all eligible employees to be deposited regularly with the prescribed
authority and in token of which shall submit every month necessary documentary evidence as may be
required by the PM.
iii. The Contractor shall indemnify the Client/Company against any payments, suits, lien or default charges to
be made under and for observance of the Regulations aforesaid without prejudice to his right to claim
indemnity from his sub-contractors.
iv. The Contractor must fully satisfy himself as to these points and allow coverage for the same in the rates
while giving his tender. Nothing extra shall be paid on these accounts.
v. The Contractor shall, if required by the PM, deliver to the PM / Engineer, or at his office, a return in detail
in such form and at such intervals as the PM may prescribe showing the supervisory staff and the
numbers of the several classes of labour from time to time employed by the Contractor on the site and
such information regarding the constructional plants as deployed in format as the PM may require.
31. INSURANCES :
SEAL OF TENDERER
i. Workmen's Insurance
The Client/Company shall not be liable for any payment in respect of any damages or compensation
payable according to law in respect or in consequence of any accident or injury or loss of life to any
workman or other person in the employment of the Contractor or any sub-contractor, except an accident
or injury resulting from any act or default of the Client/Company, his agents or servants. The Contractor
shall insure against such liability with an insurer approved by the Client/Company for sum of the
established norms during the entire period till completion of Period of Maintenance (Defect Liability
Period). The Contractor shall also indemnify the Client/Company against all claims which may be made
upon the Client/Company, whether under the Workmens Compensation Act or any other statute in force,
during the currency of this contract or at common law in respect of any employee of the Contractor or of
sub-contractor and shall be at his own expense effect and maintain until the term of the Contract, with an
Insurance Company, approved by the Client/Company, a policy of Insurance against such risks and
deposit such policy or policies with the PM / Client/Company from time to time.
a. Without prejudice to the other rights of the Client/Company against the Contractor in respect of such
default, the Client/Company may so insure and shall be entitled to deduct the premiums paid along
with his service charges of 0.25% of the Contract Price and liquidated damages of 0.25% of the
Contract Price for noncompliance from any sums payable to the Contractor under this Contract or
such amount may be recoverable by the Client/Company from the Contractor as debt.
b. The Contractor shall be responsible for any liability which may not be covered by the insurance
Policies referred to above and also for all other damages to any person, animal or defective
workmanship in carrying out of this Contract, whatever, may be the reasons due to which the
damage shall have been caused.
c. The Contractor shall also indemnify and keep indemnified the Client/Company against all and any
costs charges or expenses arising out of any claim or proceedings relating to the Works and also in
respect of any award of damage or compensation arising there from.
d. The Contractor, in case of re-building or reinstatement after fire, shall be entitled to such extension of
time for completion as the PM may deem fit, but shall, however not be entitled to reimbursement by
the Client/Company or any shortfall or deficiency in the amount finally paid by the Insurer in
settlement of any claim arising as set out herein.
e. Insurance by Sub-contractor and Nominated Sub-contractor
f. Without prejudice to his liability under this clause the Contractor shall also cause all nominated Sub-
contractor to effect, for their respective portions of the works, similar policies of insurance in
accordance with the provisions of this clause and shall deposit or cause to deposit with the
Client/Company such policies. The Contractor shall not permit a nominated Sub-contractor to
commence work at the site unless the said insurance Policies are submitted. In the event of failure of
the Sub-contractor to take out such a policy of Insurance before commencing the works at the site,
the Contractor shall be responsible for any claim or damage attributable to the said Sub-contractor.
g. Period of Policies: All the insurance covers for full amount shall be kept in full force (alive) during
the entire period of the contract (till end of maintenance period).
h. Remedy on Contractor 's Failure to Insure : If the Contractor shall fail to effect and keep in force
the insurances referred to above, or any other insurance which he may be required to effect under
the terms of the Contract, then and in any such case the Client/Company on advice of the PM may
effect and keep in force any such insurance and pay such premium or premiums as may be
necessary for that purpose and from time to time deduct the amount so paid by the Client/Company
as aforesaid from any moneys due or which may become due to the Contractor, or recover the same
as debt due from the Contractor.
i. The Contractor shall also indemnify and keep indemnified the Client/Company against all and any
costs, charges or expenses arising out of any claims which may be made upon the Client/Company,
whether under the Workmens Compensation Act or any other statute in force, during the currency of
this contract or at Common Law in respect of any employee of the Contractor or of Sub-contractor
and shall be at his own expense effect and maintain until the completion of the contract (till end of
maintenance period) with an Insurance Company, approved by the Client/Company, a policy of
Insurance against such risks and deposit such policy or policies with the Client/Company from time to
time during the currency of this contract.
B.) OTHER TERMS:

Following documents/details are needed to be submitted to client, within 2 days from the receipt of WO
a. Labor license
b. PF registration
c. Workmen Compensation Policy
d. Pan No. (Copy)
e. Goods and Services Tax (GST) Registration.
f. ESIC
SEAL OF TENDERER
Contractor shall submit all the above mentioned Legal compliances, in case of non-availability of any of
above stated compliances, Contractor shall submit undertaking document stating reason for non-availability
as well as if required in future its Contractors liability for any legal consequences arising due to non-
compliance of govt. norms, and client shall not be responsible for any non-compliance during WO period as
well as in future for this particular order.
C.) The Contractor shall abide by all the safety norms mentioned in Safety Manual and also shall duly obligate to
follow SOP and Labour Laws as per below.
Safety Manual
SOP
Labour Laws
D.) SPECIAL TERMS & CONDITIONS:

1.0 Rates & Taxes:
a) Rate is inclusive of all kind of taxes (except GST), duties, levies, transportation, loading and unloading
to site, insurance, machinery, tool & tackles, temporary works and installations which may be
necessary and shall include general risks, liabilities and obligations set forth, labour, overheads, profit
and all other resources required whichever and wherever applicable to complete the work as per scope
of work under this order.
Any detail of construction or materials which have not been referred to in the specifications or in
the Price Bid and drawings, but the necessity for which may reasonably be implied to the
completion of all works in all trades, the same shall be deemed to be included in the rates and
prices named by the Contractor in the bill of quantities.
The contractor is liable to provide labour as per required by company as defined in Bills of quantity
till the property is handed over. In case the contractor fails to provide labours then company shall
call for external agency labours and recover the amount paid at 2 times the amount paid to
external agency.
b) The item rates applicable and break up of cost shall be as per the Bill of Quantities (BOQ) / Price
Schedule. The billing shall be done based on the BOQ / Price Schedule.
c) Contractor has to supply M.S. items as per attached list (BOQ) as well as other items as per
instructions & schedule given by PM. The weight mentioned in list is indicative which may vary as per
actual site conditions & drawings provided by architect time to time. The scope of works and rates
validity shall include all the items to be fabricated within the period of contract.
d) No extra payment will be given for any wastage and payment shall be made on measurement/actual
basis. If the Contractor is going to fabricate the items at site and total material is being bought at site,
then the weight of raw material shall be weighed and at the end of works the wastage / excess material
shall be re-weighed and difference of the same shall be accounted for billing / payment purpose.
e) The invoice/bill shall be with local TIN no.
f) For additional extra Items, rates will be derived / analyzed from the rates available in the contract and
for new items the rates shall be derived by the rate analysis which shall be based on actual cost of
Material + Labour rate + 15 % (Overheads & Profits + Tax).
g) Validity of rates: The rates mentioned in the contract shall be valid for 12 months from the date of issue
of works order/rate contract, no escalation for whatsoever may be the reason shall be paid to contractor
for said contract period.
h) Rates as contracted are inclusive of all taxes & duties whichever and wherever applicable only service
tax shall be paid extra as per applicable.
i) The Contractor shall be liable and responsible for the payment, of all the applicable taxes, such as
excise duty, custom duty, Goods and Service Tax (GST) including the purchase tax, consignment tax,
work contract tax, entry tax or any other similar tax in the state concerned, turnover tax, toll tax, octroi
charges, royalty, labour cess, levy and other taxes or duties which may be specified by local / state /
central government or any other statutory authority from time to time on all the materials and services
which are used for execution of the order.
j) The Contractor shall at all times maintain and provide sufficient records to prove the payment of any
applicable taxes like GST, etc. as may become applicable over the period of Contract. The Contractor
shall themselves register and ensure adherence to all the rules and regulations as may become
applicable under the GST Act.
k) G.S.T. CONSIDERATION
All taxes other than GST shall be borne by the Contractor and shall be included in his quoted rates and
no extra tax shall be paid or reimbursed to the Contractor. GST shall be reimbursed in actual as
applicable under prevailing GST tax laws and on submission of valid GST invoice.
Terms and Condition forming part of this agreement due to GST Regime:
Definition: For the purpose of addition of these new clauses the following expression shall have the
following meanings:
SEAL OF TENDERER
a) GST means any tax imposed on the supply of goods or services or both under GST Law.
b) Cess means any applicable cess, existing or future on the supply of Goods and Services.
c) GST Law means IGST Act, GST (Compensation to the States for Loss of Revenue) Act, CGST Act,
UTGST Act and SGST Act, 2017 and all related ancillary legislations.
Change in Tax law: Sec. 171 of CGST/SGST Act contains provisions related to anti-profiteering. On
the basis of same on introduction of GST, the Vendor should pass on the tax benefit/savings, if any, on
account of tax credits or lowering of tax rates to us by way of adjustment in the contract price. Non-
compliance of the same may lead to levy of penalty by Government. Any increase in tax cost due to
change in the rates of tax shall be reimbursed by us.
Obligation of Vendor: The Vendor shall comply with all the compliance requirements under GST
Law. Further, the Vendor agrees to do all things that may be necessary to enable us to claim input tax
credit in relation to any GST payable under this Agreement/P.O./W.O. or in respect of any supply of
Goods or Services under this Agreement/P.O./W.O. This shall include (but not limited to):
a) Issuing Invoices/Debit Notes/Revised Invoices/Credit Notes as per the prescribed format, containing
all the information as is required for us to avail Input Tax Credit.
b) Submission of periodic statements/returns as per the GST laws within specified time lines with
complete and correct details as may be prescribed.
c) Issuance of Debit Note within the prescribed time limit to enable us to take the Credit.
d) Timely payment of tax liability by utilization of admissible credit or through cash.
Penal clause: If any amount of credit, refund or any other benefit is denied or delayed to us or any
penal charge or interest is imposed on the us due to any non-compliance by the Vendor (including but
not limited to the failure to upload or incorrect disclosure of details on the GSTIN portal or delay/failure
to deposit tax within due dates or due to non-furnishing or furnishing of incorrect/incomplete
documents by the Vendor, wrong determination of nature of supply), the Vendor shall be liable to
reimburse the loss which accrues to us on the aforesaid account. Alternatively we shall be entitled to
withhold the payment of all the subsequent bills issued by the Vendor and recover such loss from any
outstanding payment.
l) GST UNDERTAKING:
We understand that after the Goods and Services Tax (GST) becomes applicable, most of the indirect
taxes that are being levied separately shall be subsumed within GST. In such an eventuality, the terms
of the Contract shall be re-negotiated to align the same with the changes in the applicable laws
including availing and passing of the necessary Input Credit on goods and services. The Contractor
further agrees to share with the Client, the costing, taxation structure / mechanism, both pre and post
GST implementation.
The Contractor shall register themselves and ensure adherence to all the rules and regulations as may
become applicable under the GST Act. As and when GST comes into effect, the payment of GST
towards contractor shall be made subjected to fulfillment of all the following condition:
Tax Invoice shall be received by client / company
Goods / Services shall be received by client / company
Payment of GST to the government shall be made by contractor
Filing of GSTR-1 by contractor so that credit will flow in our GSTR-2
m) Income Tax and WCT (Tax deducted at source)
Each payment made from time to time to the Contractor, shall be subjected to WCT, TDS, VAT and
Income Tax TDS. Tax Deducted at Source as per the provisions of the relevant Act and Rules
prevailing at that time for which TDS certificate will be issued in accordance with the applicable
provisions.
n) The PF Liability in reference to order shall be as stated below.
The contractor should be PF registered. The contractor shall maintain attendance muster of staff as
well as labour. The contractor shall submit PF challans, with each Bill. If contractor is not having PF
registration, deduction shall be applicable.
PF liability shall be defined as below for the job works (Labour wages)
1 Contractor shall be bifurcated in following categories:
a. Contractor with PF registration or have applied for PF registration
b. Contractor without PF registration and are not interested to register (includes contractor who
are having less than 9 labours at site).
2 For Contractor falling under category 1a needs to submit PF challans & ECS monthly as per
government norms.
3 For Contractor falling under category 1b, client/principal Client/Company shall contract the rates
based on required PF deductions from RA bill as mentioned in point 4 below, as well as include
the same in contract condition considering it as an job work.
4 For non PF registered Contractor, it is deemed that from total amount of work order issued, 40%
of the amount is labor part and on such labor part the applicable PF deduction is of 25.61%.
SEAL OF TENDERER
5 The deduction as mentioned in 4th point shall be deducted from each RA bill (Gross bill before
ST) of Contractor (incl. retention) and the summary page of RA bill certificate.
2.0 Payment terms:

2.1 For ready to install material
a. 70% of the payment shall be paid on receipt of fabricated material at site as per project schedule
and approval from PM / engineer in charge for the make of material as received. (Weighing shall
be done in presence of clients representative and cost of weighing shall be in scope of contractor).
b. 25 % of the payment shall be paid on fixing of delivered material on site and application of red
oxide is certified by engineer in charge.
c. 5% of retention amount shall be paid after completion of Period of Maintenance (Defect Liability
Period) as mentioned in clause 5 of Special terms and conditions.
2.2 For materials to be fabricated at site
a. 35% of the payment shall be paid on receipt of raw material (based on weight received) at site as
per project schedule and approval from PM / engineer in charge for the make of material as
received. (Weighing shall be done in presence of clients representative and cost of weighing shall
be in scope of contractor).
b. 60% of the payment shall be paid on execution / fixing and verification of material along with
complete application of red oxide (2 coats).
c. 5% of retention amount shall be paid after completion of Period of Maintenance (Defect Liability
Period) as mentioned in clause 5 of Special terms and conditions.
NOTE: Client shall check the weight before issuing 2.1 (b) and 2.2 (b) payments with the theoretical /
estimated weight based on final drawings and standard weight as stated in manufacturer catalogue. +/-
3% weight variation shall be allowed from the standard / estimated weight of client. In case of any
variation more than the stated limit, justifications with backups shall be submitted to client by Contractor
and if not received in stipulated deductions shall be accepted and applicable. Client shall be the final
authority for such approvals.
2.3 R A Bill certification
Based on the recorded joint measurement taken by contractor and client on site and breakup of
payment terms (jointly or approved by RM/PM), the interim bills shall be submitted by the
Contractor for the work done at monthly intervals. Value of Bill shall be as detailed on completion
of stage as mentioned in payment terms.
The PM shall, then verify the bills and certify the interim payments after taking into account:
i. All the Works executed, valued at the rates and terms of Contract.
ii. Payments already made/certified.
iii. Recovery of materials, water, electricity, etc. used.
iv. Hold amounts to be kept for noncompliance of any contract clause or reasons as per PM.
v. Recovery of various advances, retention money and any other dues to be recovered from
the Contractor.
Any interim certificate of payment given by the PM relating to Works done may be modified or
corrected by any subsequent interim certificate of payment or by the final certificate of payment.
No certificate for interim payment shall in itself be conclusive evidence of final acceptance of any
Works or materials to which it relates.
The bill shall be checked for statutory compliance by the HR department before any payment is
released to the contractor.
2.4 Final Bill
On completion of the entire Work including statutory approvals therefore, the Contractor shall
submit his final bill with all inward challans and bills submission and information and also with
other required details within the 45 days time. PM shall approve bill within 60 days. The
Company shall arrange to make admissible payments within 30 days of the issue of certificate
by the PM after affecting all recoveries, including advances and payments against interim
certificates. The PM shall have power to withhold certification if the Works or any parts thereof
are not being carried out to his satisfaction and/or the Contractor has not returned to PM all
Drawings, Specification and other documents provided under the Contract. Payment of this bill
shall not be considered conclusive evidence as to the sufficiency of any Works or materials to
which it relates, nor shall it relieve the Contractor from his liabilities arising from any defects
noticed till the completion of the Period of Maintenance (Defect Liability Period). No payment
shall be made to the Contractor if the Contractor fails to insure the Works and keep them insured
until the issue of the Completion Certificate.
3.0 RETENTION MONEY:

3.1 Retention money of 10% shall be deducted from each bill, limited to total of 10% of order value.
SEAL OF TENDERER
3.2 100% of retention money shall be released on completion 12 months from the date completion
of defect liability period as defined herein.
3.3 The Contractor shall be obliged to pay from RA bill amount as mentioned in Clause no 3 as
retention money.
The Retention money shall not bear any interest. All compensation or other sums of money
payable by the Contractor to the Company under the terms of this contract may be deducted
from his retention money or from any sums which may be due or may become due by the
Company to the Contractor on any account whatsoever, and in the event of his retention money
being reduced by reason of any such deduction as aforesaid, the Contractor shall, within ten
days thereafter, make good in cash as aforesaid any sum or sums which may have been
deducted from the retention money or any part thereof..
4.0 Commencement of work and Mobilization: The contractor shall mobilize within 2 days from the date
of issue of LOI/WO/Mail confirmation.
5.0 Period of Maintenance (Defect Liability Period):

The Period of Maintenance (Defect Liability Period) of contractor shall be 12 months from the date of
completion of work, certified by the PM, from the date so certified and in relation to the "Period of
Maintenance (Defect Liability Period) the expression "the Works" shall be construed accordingly. The
contractor shall be liable to rectify any defects of construction during this period at his own cost. If the
Client is not satisfied with the repairs carried out the Contractor, then the client shall exercise its rights
to revoke the amount from Retention so withheld with client.
5.1 Definition of `Period of Maintenance' (Defect Liability Period)
In these conditions the expression "Period of Maintenance (Defect Liability Period) shall mean
the Period of Maintenance (Defect Liability Period) of 12 months from the date of completion of
the Works, certified by the PM.
5.2 Execution of Work of Repair, etc.
To the intent that the Works shall, at or as soon as practicable after the expiry of the Period of
Maintenance (Defect Liability Period), be delivered to the Company in the condition required by
the Contract, fair wear and tear excepted, to the satisfaction of the PM, the Contractor shall finish
the work, outstanding if any at the date of completion, as certified hereof, as soon as practicable
after such date and shall execute all such work of repair, amendment, reconstruction, rectification
and making good defects, imperfections, shrinkages or other faults as may be required of the
Contractor in writing by the PM during the Period of Maintenance (Defect Liability Period), or
within fourteen days after its expiry, as a result of an inspection made by the PM prior to its
expiry.
5.3 Cost of Execution of Works of Repair, etc.
All such work shall be carried out by the Contractor at his own expense in a reasonable time as
shall be instructed by the PM if the necessity thereof shall be first approved by PM and shall be
on mail or in writing for the approval of such works, in the opinion of the PM, be due to the use of
materials or workmanship not in accordance with the Contract, or to neglect or failure on the part
of the Contractor to comply with any obligation, expressed or implied, under the Contract. If, in the
opinion of the PM, such necessity shall be due to any other cause, the value of such Work shall
be ascertained and paid for as if it were additional Works executed with prior approval and
concern from PM.
5.4 Remedy on Contractor's Failure to carry out Work required.
If the Contractor shall fail to do any such Work as aforesaid required by the PM within a
reasonable time, the Company shall be entitled to employ and pay other persons to carry out the
same at the risk and cost of the Contractor for which he shall be responsible and if such Work is
that which, in the opinion of the PM, the Contractor was liable to do at his own expense under the
Contract, then all expenses consequent thereon or incidental thereto shall be recoverable from
the Contractor by the Company, or may be deducted by the Company from any money due or
which may become due to the Contractor towards cost of amending such Works and in the event
of the amount retained hereof being insufficient, recover the balance from the Contractor,
together with any expenses the Company may have incurred in connection therewith.
The Contractor shall remain liable under the provisions of this clause notwithstanding the signing
of any certificate or the passing of any accounts, by the PM.
6.0 Subcontract:
6.1 The contractor shall not sublet whole or part of work to any subcontractor or other contractor
without prior approval of client.
6.2 The subcontracting shall subject to approval of client only.
7.0 Liquidated Damages (LD):
SEAL OF TENDERER
7.1 LD shall be deducted for delay in work beyond the stipulated date of completion agreed by client.
7.2 LD equal to 1% of order value per week of delay shall be deducted from Bills, which shall be
limited to 5% of order value.
7.3 Extension of time shall not relieve contractor from liability of LD. However the client may approve
the time extension with or without LD. This would be solely on the discretion of client.
8.0 Termination:
8.1 The client reserves the right to terminate the order by giving 2 days notice, without giving any
reasons.
8.2 The contractor shall be paid only for the work certified by the project manager of client, till the
date of termination.
8.3 The contractor shall not be entitled for any further claim or compensation after termination.
8.4 The client reserves the right to execute the balance job on risk and cost of contractor.
9.0 Force Majeure

9.1 Force Majeure means exceptional event of circumstance
a) which is beyond a Contractors Control,
b) which such contractor could not reasonably have provided against before entering into the
Contract,
c) which having arisen such contractor could not reasonably have avoided or overcome, and
d) which is not substantially attributable to the other contractor.
9.2 Force Majeure may include, exceptional events or circumstance
a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,
c) riot, commotion, disorder, strike or lockout by persons other than the Contractors Personnel and
other employees of the Contractor and Sub Contractor.
d) munitions of war, explosive materials, ionizing radiation or contamination by radio-activity, except
as may be attributable to the Contractors use of such munitions, explosives, radiation or radio-
activity, and natural catastrophe such as earthquake, hurricane, typhoon or volcanic activity.
10.0 SETTLEMENT OF DISPUTES

10.1 Arbitration
All disputes and differences of any kind whatever arising out of or in connection with the Contract or
the carrying out of the works (whether during the progress of the works or after their completion and
whether before or after the determination, abandonment or breach of the contract shall be referred to
and settled by the PM who shall state his recommendation in writing. The decision of the Company
with respect to any of the excepted matters shall be final and without appeal. But the Contractor be
dissatisfied with the decision of the Company on a matter, question or dispute of any kind (except
any of the excepted matters) or as to the withholding by the PM of any certificate to which the
Contractor may claim to be entitled, then and in any such case the Contractor may, within 14 days
after receiving notice of such decision, give a written notice to the Company through the PM requiring
that matters in dispute be arbitrated upon. Such written notice shall be referred to arbitration under
the provision of the Arbitration and Conciliation Act, 1996 or any statutory modification or
reenactment thereof and the rules made thereunder and for the time being in force. Such arbitration
shall be conducted by three arbitrators, one each for the Company and the Contractor, i.e. parties to
the dispute who in turn shall jointly nominate a third arbitrator before the arbitration. Arbitrators shall
be experienced and knowledgeable persons in the field of construction and development of first class
real estate projects.
The Arbitrators shall have power to open up, review and revise any certificate, opinion, decision,
requisition or notice save in regard to the excepted matters referred to in the preceding clause, and
to determine all matters in dispute which shall be submitted to arbitration and of which notice shall
have been given as aforesaid.
The Arbitrators shall make his or their award within six months (or such further extended time as may
be decided by him or them as the case may be with the consent of the parties) from the date of
entering on the reference. In case during the arbitration proceedings the parties mutually settle,
compromise or compound their dispute or difference, the reference to arbitration proceedings shall
stand withdrawn or terminated, with effect from the date on which the parties file a joint memorandum
of settlement thereof, with the arbitrators.
Upon every or any such reference, the cost of and incidental to the reference and award respectively
shall be at the discretion of the arbitrators who may determine the amount thereof, or direct the same
to be taxed as between attorney and Company or as between party and party, and shall direct by
whom and to whom and in what matter the same shall be borne and paid. This submission shall be
SEAL OF TENDERER
deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act,
1996 or any statutory modification thereof.
The work under the Contract shall continue during the arbitration proceedings and no payment due to
the Contractor shall be withheld on account of such proceeding under progress.
No award of the Arbitrators shall relieve the Contractor of his obligations to adhere strictly to the
Company's instructions with regard to the works.
The venue of the Arbitration shall be decided by the Arbitrators; which shall be within Vadodara
limits. The Arbitrator shall give his award separately on each item with reason and costs. The award
of the Arbitrators shall be final, conclusive and binding on all parties.
The Company and the Contractor hereby shall also agree that arbitration under this clause shall be a
condition precedent to any right of action under the contract. The provisions of this clause shall
survive the expiry or sooner termination of his Contract.
10.2 Interim Relief: Parties shall be free to avail interim relief / injunctive relief from court.
11.0 Other terms and conditions:

11.1 Contractor shall comply with all applicable statutes including but not limited to Contract Labour
(Regulations and Abolition) Act, ESIC Act, Employees' Provident Fund and Miscellaneous Provisions
Act, Factories Act, Payment of Wages Act, The Minimum Wages Act, The Workmen's Compensation
Act and any other local regulations.
11.2 Contractor shall be responsible for complying with all statutory requirements in case of any accident
involving his employees.
11.3 Contractor shall indemnify and keep client indemnified against all claims, damages, losses and
expenses that may arise to client for being the principal employer on account of any Labour / staff
member deployed by contractor.
11.4 Any dispute arising out of or in connection with this Agreement, including any question regarding its
existence, validity or termination, shall be referred to and finally resolved by Arbitration in accordance
with The Arbitration & Conciliation Act 1996. The Arbitral jurisdiction will be at Vadodara only.
Address of work site: Alembic Factory Premises Raw Material store.
*****
SEAL OF TENDERER
Invoice format and methodology
As per approved GST Invoice Format shared by the company to contractor from time to time.
SEAL OF TENDERER

VOL I Fabrication Terms and Condition PDF

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RAW MATERIAL STORE BUILDING, VADODARA COLUMN STRENGTHENING & OTHER FABRICATION WORK

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

A.) GENERAL CONDITIONS OF CONTRACT:

2. Scope of Work for this Tender:

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

3. TENDERER TO STUDY DOCUMENTS AND VISIT SITE

5. TENDER TO BE VALID FOR

6. TIME FOR COMPLETION

8. PENALTY FOR DELAYS ON THE PART OF CONTRACTOR

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

10. CLEANING OF WORKS

11. ALTERATIONS, ADDITIONS AND OMISSIONS

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

12. EXECUTION OF ADDITIONAL WORK

13. STORAGE OF MATERIAL:

14. SECURITY / RESPONSIBILITY OF MATERIALS AND WORKERS:

15. COORDINATION WITH OTHER CONTRACTORS / AGENCIES:

16. DRAWINGS/DOCUMENTS, ETC. :

17. STANDARDS TO BE FOLLOWED

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

18. FURTHER DRAWINGS AND INSTRUCTIONS :

20. INSPECTION OF SITE :

21. SUSPENSION OF WORK :

22. CONTRACTOR TO KEEP SITE CLEAR :

23. CLEARANCE OF SITE ON COMPLETION :

24. WATCHING AND LIGHTING :

25. ELECTRICAL SAFETY REGULATIONS :

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

26. ERRORS AND OMISSION :

27. LABOUR AND COMPLIANCES :

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

28. LABOUR LAWS :

29. EMPLOYEES' STATE INSURANCE SCHEME :

30. RETURNS OF LABOUR :

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

B.) OTHER TERMS:

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

D.) SPECIAL TERMS & CONDITIONS:

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

2.0 Payment terms:

3.0 RETENTION MONEY:

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

5.0 Period of Maintenance (Defect Liability Period):

7.0 Liquidated Damages (LD):

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

9.0 Force Majeure

10.0 SETTLEMENT OF DISPUTES

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

11.0 Other terms and conditions:

Address of work site: Alembic Factory Premises Raw Material store.

VOLUME-I: GENERAL AND SPECIFIC CONDITION OF CONTRACT.

Invoice format and methodology

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