Design of the Works. 3.1 The Supplier acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Supplier shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Supplier shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a supplier exercising the skill, care and diligence reasonably to be expected of a supplier experienced in projects of a similar nature to the Works. 3.2 At such times as not to delay or disrupt the progress of the Works and Delivery, the Supplier, without further charge, shall provide the Employer (unless it shall have been previously so provided) with four reproducible copies (including in electronic format) true-to-scale of such of the Documents as is reasonably necessary to explain, amplify, show or describe the Works or to enable the Supplier to execute and complete the Works or to comply with any Employer’s Instruction. The Supplier shall check and co-ordinate any such Documents submitted by it prior to submission of the same. The Supplier Responsibility for Detailed Design Supplier’s design warranties Sub-Supplier’s design Access and Audit shall not commence implementation in accordance with such Documents until the Employer’s Representative has consented thereto, and shall not be entitled to be paid for work or services executed other than in accordance with the Documents to which the Employer’s Representative has consented. 3.3 Neither the granting of any consent by the Employer nor any comment nor marking by or on behalf of the Employer on or in respect of any of the Documents submitted by the Supplier shall relieve the Supplier of any liability which it would otherwise have in relation thereto. If the Supplier considers that any comment on the Documents submitted under clause 3.2 amounts to an Employer’s Instruction to which clause 7.3 applies, it shall so notify the Employer within 7 days of receipt of the same. 3.4 Insofar as the design of the Works is comprised in the Documents (including any further design which the Supplier is to carry out as a result of an Employer’s Instruction), the Supplier warrants and undertakes to the Employer that: 3.4.1 it has exercised and will continue to exercise in the design of the Works all the skill, care and diligence to be expected of a professionally qualified and competent engineer or other appropriate consultant taking into account the size, scope, nature, type and complexity of the Works; 3.4.2 subject to clause 3.4.1, the Works will, when completed, comply with any performance specification or requirement included or referred to in the Technical Workscope; and 3.4.3 except where this Agreement expressly provides for the use of used or reconditioned materials and goods, the Works comprise or will comprise only materials and goods which are of new and satisfactory quality. The warranties and undertakings contained in clause 3.4 are without prejudice to any warranties implied by common law or statute. 3.5 Any reference to the design which the Supplier has prepared or shall prepare or issue for the Works includes a reference to any design which the Supplier has caused or shall cause to be prepared or issued by others, whether before or after the date of this Agreement.
Appears in 1 contract
Samples: Framework Agreement
Design of the Works. 3.1 The Supplier acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Supplier shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Supplier shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a supplier exercising the skill, care and diligence reasonably to be expected of a supplier experienced in projects of a similar nature to the Works.. Detailed Design Information
3.2 At such times as not to delay or disrupt the progress of the Works and Delivery, the Supplier, without further charge, shall provide the Employer (unless it shall have been previously so provided) with four reproducible copies (including in electronic format) true-to-scale of such of the Documents as is reasonably necessary to explain, amplify, show or describe the Works or to enable the Supplier to execute and complete the Works or to comply with any Employer’s Instruction. The Supplier shall check and co-ordinate any such Documents submitted by it prior to submission of the same. The Supplier Responsibility for Detailed Design Supplier’s design warranties Sub-Supplier’s design Access and Audit shall not commence implementation in accordance with such Documents until the Employer’s Representative has consented thereto, and shall not be entitled to be paid for work or services executed other than in accordance with the Documents to which the Employer’s Representative has consented.. Responsibility for Detailed Design Supplier’s design warranties Sub-Supplier’s design Access and Audit Provisional Acceptance
3.3 Neither the granting of any consent by the Employer nor any comment nor marking by or on behalf of the Employer on or in respect of any of the Documents submitted by the Supplier shall relieve the Supplier of any liability which it would otherwise have in relation thereto. If the Supplier considers that any comment on the Documents submitted under clause 3.2 amounts to an Employer’s Instruction to which clause 7.3 applies, it shall so notify the Employer within 7 days of receipt of the same.
3.4 Insofar as the design of the Works is comprised in the Documents (including any further design which the Supplier is to carry out as a result of an Employer’s Instruction), the Supplier warrants and undertakes to the Employer that:
3.4.1 it has exercised and will continue to exercise in the design of the Works all the skill, care and diligence to be expected of a professionally qualified and competent engineer or other appropriate consultant taking into account the size, scope, nature, type and complexity of the Works;
3.4.2 subject to clause 3.4.1, the Works will, when completed, comply with any performance specification or requirement included or referred to in the Technical Workscope; and
3.4.3 except where this Agreement expressly provides for the use of used or reconditioned materials and goods, the Works comprise or will comprise only materials and goods which are of new and satisfactory quality. The warranties and undertakings contained in clause 3.4 are without prejudice to any warranties implied by common law or statute.
3.5 Any reference to the design which the Supplier has prepared or shall prepare or issue for the Works includes a reference to any design which the Supplier has caused or shall cause to be prepared or issued by others, whether before or after the date of this Agreement.
Appears in 1 contract
Samples: Contract Agreement
Design of the Works. 3.1 The Supplier Contractor acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Supplier Contractor shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Supplier Contractor shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a supplier contractor exercising the skill, care and diligence reasonably to be expected of a supplier contractor experienced in projects of a similar nature to the Works. No fitness for purpose obligation shall be implied by this Clause 3.1.
3.2 At such times as not to delay or disrupt the progress of the Works and DeliveryWorks, the SupplierContractor, without further charge, shall provide the Employer (unless it shall have been previously so provided) with four reproducible copies (including in electronic format) true-to-scale of such of the Documents as is reasonably necessary to explain, amplify, show or describe the Works or to enable the Supplier Contractor to execute and complete the Works or to comply with any Employer’s Instruction. The Supplier number of copies required is as stated in the Appendix. The Responsibility for Detailed Design Contractor’s design warranties Sub- Contractor’s design Cap on Design Liability Contractor shall check and co-ordinate any such Documents submitted by it prior to submission of the same. The Supplier Responsibility for Detailed Design Supplier’s design warranties Sub-Supplier’s design Access and Audit Contractor shall not commence implementation construction in accordance with such Documents until the Employer’s Representative has consented thereto, and shall not be entitled to be paid for work or services executed other than in accordance with the Documents to which the Employer’s Representative has consented.
3.3 Neither the granting of any consent by the Employer nor any comment nor or marking by or on behalf of the Employer on or in respect of any of the Documents submitted by the Supplier Contractor shall relieve the Supplier Contractor of any liability which it would otherwise have in relation thereto. If the Supplier Contractor considers that any comment on the Documents submitted under clause Clause 3.2 amounts to an Employer’s Instruction to which clause 7.3 Clause 5.3 applies, it shall so notify the Employer within 7 days of receipt of the same.
3.4 Insofar as the design of the Works is comprised in the Documents (including any further design which the Supplier Contractor is to carry out as a result of an Employer’s Instruction), the Supplier Contractor warrants and undertakes to the Employer that:
3.4.1 it has exercised and will continue to exercise in the design of the Works all the reasonable skill, care and diligence to be expected of a professionally qualified and competent engineer or other appropriate consultant taking into account the size, scope, nature, type and complexity of the Works;
3.4.2 subject to clause Clause 3.4.1, the Works will, when completed, comply with any performance specification or requirement included or referred to in the Technical WorkscopeWorkscope provided always that nothing in the Technical Workscope shall be construed as imposing a fitness for purpose obligation for the Works; and
3.4.3 except where this Agreement expressly provides for the use of used second-hand or reconditioned recycled materials and goods, the Works comprise or will comprise only materials and goods which are of new and satisfactory quality. The warranties and undertakings contained in clause 3.4 are without prejudice to any warranties implied by common law or statute.
3.5 Any reference to the design which the Supplier Contractor has prepared or shall prepare or issue for the Works includes a reference to any design which the Supplier Contractor has caused or shall cause to be prepared or issued by others, whether before or after the date of this Agreement.
3.6 Notwithstanding anything to the contrary contained elsewhere in this Agreement, the Contractor’s liability for any breach of its obligations in relation to the design of the Works, whether in contract, tort, delict or otherwise, shall not exceed the sum stated in the Appendix in the aggregate. Access to the site Compliance with Employer’s regulations Obstruction prohibited State of the Employer’s property
Appears in 1 contract
Design of the Works. 3.1 The Supplier Contractor acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Supplier Contractor shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Supplier Contractor shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a supplier contractor exercising the skill, care and diligence reasonably to be expected of a supplier contractor experienced in projects of a similar nature to the Works. No fitness for purpose obligation shall be implied by this Clause 3.1.
3.2 At such times as not to delay or disrupt the progress of the Works and DeliveryWorks, the SupplierContractor, without further charge, shall provide the Employer (unless it shall have been previously so provided) with four reproducible copies (including in electronic format) true-to-scale Responsibility for Detailed Design Contractor’s design warranties Sub- Contractor’s design of such of the Documents as is reasonably necessary to explain, amplify, show or describe the Works or to enable the Supplier Contractor to execute and complete the Works or to comply with any Employer’s Instruction. The Supplier number of copies required is as stated in the Appendix. The Contractor shall check and co-ordinate any such Documents submitted by it prior to submission of the same. The Supplier Responsibility for Detailed Design Supplier’s design warranties Sub-Supplier’s design Access and Audit Contractor shall not commence implementation construction in accordance with such Documents until the Employer’s Representative has consented thereto, and shall not be entitled to be paid for work or services executed other than in accordance with the Documents to which the Employer’s Representative has consented.
3.3 Neither the granting of any consent by the Employer nor any comment nor or marking by or on behalf of the Employer on or in respect of any of the Documents submitted by the Supplier Contractor shall relieve the Supplier Contractor of any liability which it would otherwise have in relation thereto. If the Supplier Contractor considers that any comment on the Documents submitted under clause Clause 3.2 amounts to an Employer’s Instruction to which clause 7.3 Clause 5.3 applies, it shall so notify the Employer within 7 days of receipt of the same.
3.4 Insofar as the design of the Works is comprised in the Documents (including any further design which the Supplier Contractor is to carry out as a result of an Employer’s Instruction), the Supplier Contractor warrants and undertakes to the Employer that:
3.4.1 it has exercised and will continue to exercise in the design of the Works all the reasonable skill, care and diligence to be expected of a professionally qualified and competent engineer or other appropriate consultant taking into account the size, scope, nature, type and complexity of the Works;
3.4.2 subject to clause Clause 3.4.1, the Works will, when completed, comply with any performance specification or requirement included or referred to in the Technical WorkscopeWorkscope provided always that nothing in the Technical Workscope shall be construed as imposing a fitness for purpose obligation for the Works; and
3.4.3 except where this Agreement expressly provides for the use of used second-hand or reconditioned recycled materials and goods, the Works comprise or will comprise only materials and goods which are of new and satisfactory quality. The warranties and undertakings contained in clause 3.4 are without prejudice to any warranties implied by common law or statute.
3.5 Any reference to the design which the Supplier Contractor has prepared or shall prepare or issue for the Works includes a reference to any design which the Supplier Contractor has caused or shall cause to be prepared or issued by others, whether before or after the date of this Agreement. Cap on Design Liability Access to the site Compliance with Employer’s regulations Obstruction prohibited
3.6 Notwithstanding anything to the contrary contained elsewhere in this Agreement, the Contractor’s liability for any breach of its obligations in relation to the design of the Works, whether in contract, tort, delict or otherwise, shall not exceed the sum stated in the Appendix in the aggregate.
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Design of the Works. 3.1 4.1 The Supplier Contractor acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Supplier Contractor shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Supplier Contractor shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a supplier contractor exercising the skill, care and diligence reasonably to be expected of a supplier contractor experienced in projects of a similar nature to the Works. No fitness for purpose obligation shall be implied by this Clause 4.1.
3.2 4.2 At such times as not to delay or disrupt the progress of the Works and Deliverypursuant to each Contract Order, the SupplierContractor, without further charge, shall provide the Employer (unless it shall have been previously so provided) with four reproducible copies (including in electronic format) true-to-scale of such of the Documents as is reasonably necessary to explain, amplify, show or describe the Works in such Contract Order or to enable the Supplier Contractor to execute and complete the Works or to comply with any Employer’s Instruction. The Supplier number of copies required is as stated in the Appendix. The Contractor shall check and co-ordinate any such Documents Responsibility for Detailed Design Contractor’s design warranties Sub-Contractor’s design Cap on Design Liability submitted by it prior to submission of the same. The Supplier Responsibility for Detailed Design Supplier’s design warranties Sub-Supplier’s design Access and Audit Contractor shall not commence implementation construction of the Works in any Contract Order in accordance with such Documents until the Employer’s Representative has consented thereto, and shall not be entitled to be paid for work or services executed other than in accordance with the Documents to which the Employer’s Representative has consented.
3.3 4.3 Neither the granting of any consent by the Employer nor any comment nor or marking by or on behalf of the Employer on or in respect of any of the Documents submitted by the Supplier Contractor shall relieve the Supplier Contractor of any liability which it would otherwise have in relation thereto. If the Supplier Contractor considers that any comment on the Documents submitted under clause 3.2 Clause 4.2 amounts to an Employer’s Instruction to which clause 7.3 Clause 6.3 applies, it shall so notify the Employer within 7 days of receipt of the same.
3.4 4.4 Insofar as the design of the Works is comprised in the Documents (including any further design which the Supplier Contractor is to carry out as a result of an Employer’s Instruction), the Supplier Contractor warrants and undertakes to the Employer that:
3.4.1 4.4.1 it has exercised and will continue to exercise in the design of the Works all the reasonable skill, care and diligence to be expected of a professionally qualified and competent engineer or other appropriate consultant taking into account the size, scope, nature, type and complexity of the Works;
3.4.2 4.4.2 subject to clause 3.4.1Clause 4.4.1, the Works will, when completed, comply with any performance specification or requirement included or referred to in the Technical WorkscopeWorkscope provided always that nothing in the Technical Workscope shall be construed as imposing a fitness for purpose obligation for the Works; and
3.4.3 4.4.3 except where this Agreement expressly provides for the use of used second-hand or reconditioned recycled materials and goods, the Works comprise or will comprise only materials and goods which are of new and satisfactory quality. The warranties and undertakings contained in clause 3.4 are without prejudice to any warranties implied by common law or statute.
3.5 4.5 Any reference to the design which the Supplier Contractor has prepared or shall prepare or issue for the Works includes a reference to any design which the Supplier Contractor has caused or shall cause to be prepared or issued by others, whether before or after the date of this Agreement.
4.6 Notwithstanding anything to the contrary contained elsewhere in this Agreement, the Contractor’s liability for any breach of its obligations in relation to the design of the Works, whether in contract, tort, delict or otherwise, shall not exceed the sum stated in the Appendix in the aggregate.
Appears in 1 contract
Samples: Network Rail Framework Agreement for Works of Simple Content
Design of the Works. 3.1 4.1 The Supplier Contractor acknowledges that it has checked the documents forming part of this Agreement prior to entering into it and has informed the Employer of any inaccuracies, discrepancies or ambiguities in them of which it is aware. If the Supplier Contractor shall find any inaccuracy, discrepancy or ambiguity contained in or between any of the documents forming part of this Agreement, it shall immediately notify the Employer’s Representative, who shall, on receipt of such notice, issue an Employer’s Instruction as to how such inaccuracy, discrepancy or ambiguity shall be resolved. The Supplier Contractor shall not be entitled to an extension of time or to any additional payment in respect of compliance with such instruction to the extent that such inaccuracy, discrepancy or ambiguity could reasonably have been found or foreseen at the date of this Agreement by a supplier contractor exercising the skill, care and diligence reasonably to be expected of a supplier contractor experienced in projects of a similar nature to the Works. No fitness for purpose obligation shall be implied by this Clause 4.1.
3.2 4.2 At such times as not to delay or disrupt the progress of the Works and Deliverypursuant to each Contract Order, the SupplierContractor, without further charge, shall provide the Employer (unless it shall have been previously so provided) with four reproducible copies (including in electronic format) true-to-scale of such of the Documents as is reasonably necessary to explain, amplify, show or describe the Works in such Contract Order or to enable the Supplier Contractor to execute and complete the Works or to comply with any Employer’s Instruction. The Supplier number of copies required is as stated in the Appendix. The Contractor Responsibility for Detailed Design Contractor’s design warranties Sub-Contractor’s design Cap on Design Liability shall check and co-ordinate any such Documents submitted by it prior to submission of the same. The Supplier Responsibility for Detailed Design Supplier’s design warranties Sub-Supplier’s design Access and Audit Contractor shall not commence implementation construction of the Works in any Contract Order in accordance with such Documents until the Employer’s Representative has consented thereto, and shall not be entitled to be paid for work or services executed other than in accordance with the Documents to which the Employer’s Representative has consented.
3.3 4.3 Neither the granting of any consent by the Employer nor any comment nor or marking by or on behalf of the Employer on or in respect of any of the Documents submitted by the Supplier Contractor shall relieve the Supplier Contractor of any liability which it would otherwise have in relation thereto. If the Supplier Contractor considers that any comment on the Documents submitted under clause 3.2 Clause 4.2 amounts to an Employer’s Instruction to which clause 7.3 Clause 6.3 applies, it shall so notify the Employer within 7 days of receipt of the same.
3.4 4.4 Insofar as the design of the Works is comprised in the Documents (including any further design which the Supplier Contractor is to carry out as a result of an Employer’s Instruction), the Supplier Contractor warrants and undertakes to the Employer that:
3.4.1 4.4.1 it has exercised and will continue to exercise in the design of the Works all the reasonable skill, care and diligence to be expected of a professionally qualified and competent engineer or other appropriate consultant taking into account the size, scope, nature, type and complexity of the Works;
3.4.2 4.4.2 subject to clause 3.4.1Clause 4.4.1, the Works will, when completed, comply with any performance specification or requirement included or referred to in the Technical WorkscopeWorkscope provided always that nothing in the Technical Workscope shall be construed as imposing a fitness for purpose obligation for the Works; and
3.4.3 4.4.3 except where this Agreement expressly provides for the use of used second-hand or reconditioned recycled materials and goods, the Works comprise or will comprise only materials and goods which are of new and satisfactory quality. The warranties and undertakings contained in clause 3.4 are without prejudice to any warranties implied by common law or statute.
3.5 4.5 Any reference to the design which the Supplier Contractor has prepared or shall prepare or issue for the Works includes a reference to any design which the Supplier Contractor has caused or shall cause to be prepared or issued by others, whether before or after the date of this Agreement.
4.6 Notwithstanding anything to the contrary contained elsewhere in this Agreement, the Contractor’s liability for any breach of its obligations in relation to the design of the Works, whether in contract, tort, delict or otherwise, shall not exceed the sum stated in the Appendix in the aggregate. Access to the site Compliance with Employer’s regulations Obstruction prohibited State of the Employer’s property
Appears in 1 contract
