Common use of EXECUTION OF WORKS Clause in Contracts

EXECUTION OF WORKS. To the extent that the Contract involves any execution of works, whether in whole or in part, and unless specifically stated in the Contract, the following terms and conditions shall apply to any execution of works: Obligation to Perform in Accordance with the Contract The Contractor shall execute and complete the works and remedy any defects therein in strict accordance with the Contract, with due care and diligence and to the satisfaction of SPC, and shall provide all labour, including the supervision thereof, materials, constructional plant and all other things, whether of a temporary or permanent nature, required in and for such execution, completion and remedying of defects, as far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract. The Contractor shall comply with and adhere strictly to SPC’s instructions and directions on any matter, touching or concerning the works. The Contractor shall execute and complete the works in accordance with article 26 of these general terms and conditions, in particular with regard to health and safety requirements, insurance, working conditions for workers, construction, administration and environmental law. Insurance of the works The Contractor shall insure at its own costs, immediately following signature of the Contract, in the joint names of SPC and the Contractor for the entire duration of the Contract, including the defect liability period, against all loss or damage from whatever cause arising, other than cause of Force majeure and against loss or damage for which the Contractor is responsible. The Contractor shall insure against his liability for any death, material or physical damage, loss or injury which may occur to any property (including that of SPC) or to any person (including any employee of SPC) by or arising out of the execution of the works or in the carrying out of the Contract. The Contractor shall insure against the liability of any accident or injury any xxxxxxx or other person in the employment of the Contractor or any subcontractor. Responsibility of the Contractor The Contractor shall take full responsibility for the adequacy, stability, and safety of all site operations and methods of construction. The Contractor shall be responsible for the true and proper setting out of the works in relation to original points, lines and levels of reference given by SPC in writing and for the correctness of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labor in connection therewith. If, at any time during the progress of the works, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the works, the Contractor, on being required so to do by SPC, shall, at his own cost, rectify such error to the satisfaction of SPC. Delays or damage to the works The Contractor shall give written notice to SPC whenever planning or progress of the works is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval, is issued by SPC within a reasonable time. The notice shall include details of drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late. In the event that any damage or loss should happen to the works or to any part thereof from any cause whatsoever (except as shall be due to Force Majeure), the Contractor shall at his own cost repair and make good the same so that, at completion, the works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and SPC’s instructions. Fossils, artifacts, and antiques All fossils, coins, artifacts, articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the site of the works shall as between SPC and the Contractor be deemed to be the absolute property of SPC. SPC shall then decide how such discoveries are to be dealt with, taking due account of the law of the State in which the works are carried out. The Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such article or thing and shall immediately upon discovery thereof and before removal acquaint SPC of such discovery. Ownership of paid material and work All material and work covered by payments made by SPC to the Contractor shall thereupon become the sole property of SPC. Defect liability period During a period of 12 months, calculated from the date of completion of the works, the Contractor shall be bound to SPC by a defect liability period. During this period, the Contractor shall finish the work outstanding, if any, and execute all such work of repair, amendment, reconstruction, rectification. Further, the Contractor shall make good defects, imperfections, shrinkages, or other faults as may be required of the Contractor in writing by SPC. The Contractor shall also be liable for any damage to the works occasioned by him in the course of any operations carried out during the defect liability period. All such outstanding work shall be carried out by the Contractor at his own expense if, in the opinion of SPC, the necessity thereof is due to the use of material 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, on the Contractor’s part under the Contract. For this purpose, SPC may withhold payment of minimum 5% of the remuneration as a defect liability bond pending expiry of the defect liability period for claims relating to defects. The Contractor may redeem this bond by providing a defect liability guarantee. TERMS OF PAYMENT No invoice shall be submitted by the Contractor until the corresponding milestone has been formally accepted by SPC in accordance with the terms of the Contract. The payment term of 30 (thirty) days runs from the day the invoice is accepted by SPC, after successful completion of the related milestone. Each invoice shall mention the reference number of the Contract/Purchase Order and shall be issued in the legal name and address of SPC’s Headquarters or Regional office as follows: The Pacific Community SPC Headquarters 00 Xxxxxxxxx Xxxxx Xxxxxxx BP D5, 98848 Noumea Cedex New Caledonia The contractually agreed price is not subject to any adjustment or revisions because of currency fluctuations or conversion rates, or the actual costs incurred by the Contractor in the performance of the Contract. The Contractor shall be solely responsible for the arrangement of any visas required and the payment of any tax or any other liabilities incurred during the provision of the Services. SPC shall not be responsible for any expenses incurred by the Contractor in performing the Contract unless specifically stated in the Contract. OFFICIAL NOT TO BENEFIT The Contractor warrants that no official of SPC has received or will be offered by the Contractor any direct or indirect benefit arising from the Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of the Contract.

EXECUTION OF WORKS. To the extent that the Contract involves any execution of works, whether in whole or in part, and unless specifically stated in the Contract, the following terms and conditions shall apply to any execution of works: Obligation to Perform in Accordance with the Contract The Contractor shall execute and complete the works and remedy any defects therein in strict accordance with the Contract, with due care and diligence and to the satisfaction of SPC, and shall provide all labour, including the supervision thereof, materials, constructional plant and all other things, whether of a temporary or permanent nature, required in and for such execution, completion and remedying of defects, as far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract. The Contractor shall comply with and adhere strictly to SPC’s instructions and directions on any matter, touching or concerning the works. The Contractor shall execute and complete the works in accordance with article 26 of these general terms and conditions, in particular with regard to health and safety requirements, insurance, working conditions for workers, construction, administration and environmental law. Insurance of the works The Contractor shall insure at its own costs, immediately following signature of the Contract, in the joint names of SPC and the Contractor for the entire duration of the Contract, including the defect liability period, against all loss or damage from whatever cause arising, other than cause of Force majeure and against loss or damage for which the Contractor is responsible. The Contractor shall insure against his liability for any death, material or physical damage, loss or injury which may occur to any property (including that of SPC) or to any person (including any employee of SPC) by or arising out of the execution of the works or in the carrying out of the Contract. The Contractor shall insure against the liability of any accident or injury any xxxxxxx or other person in the employment of the Contractor or any subcontractor. Responsibility of the Contractor The Contractor shall take full responsibility for the adequacy, stability, and safety of all site operations and methods of construction. The Contractor shall be responsible for the true and proper setting out of the works in relation to original points, lines and levels of reference given by SPC in writing and for the correctness of the position, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labor in connection therewith. If, at any time during the progress of the works, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the works, the Contractor, on being required so to do by SPC, shall, at his own cost, rectify such error to the satisfaction of SPC. Delays or damage to the works The Contractor shall give written notice to SPC whenever planning or progress of the works is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval, is issued by SPC within a reasonable time. The notice shall include details of drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late. In the event that any damage or loss should happen to the works or to any part thereof from any cause whatsoever (except as shall be due to Force Majeure), the Contractor shall at his own cost repair and make good the same so that, at completion, the works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and SPC’s instructions. Fossils, artifacts, and antiques All fossils, coins, artifacts, articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the site of the works shall as between SPC and the Contractor be deemed to be the absolute property of SPC. SPC shall then decide how such discoveries are to be dealt with, taking due account of the law of the State in which the works are carried out. The Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such article or thing and shall immediately upon discovery thereof and before removal acquaint SPC of such discovery. Ownership of paid material and work All material and work covered by payments made by SPC to the Contractor shall thereupon become the sole property of SPC. Defect liability period During a period of 12 months, calculated from the date of completion of the works, the Contractor shall be bound to SPC by a defect liability period. During this period, the Contractor shall finish the work outstanding, if any, and execute all such work of repair, amendment, reconstruction, rectification. Further, the Contractor shall make good defects, imperfections, shrinkages, or other faults as may be required of the Contractor in writing by SPC. The Contractor shall also be liable for any damage to the works occasioned by him in the course of any operations carried out during the defect liability period. All such outstanding work shall be carried out by the Contractor at his own expense if, in the opinion of SPC, the necessity thereof is due to the use of material 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, on the Contractor’s part under the Contract. For this purpose, SPC may withhold payment of minimum 5% of the remuneration as a defect liability bond pending expiry of the defect liability period for claims relating to defects. The Contractor may redeem this bond by providing a defect liability guarantee. TERMS OF PAYMENT No invoice shall be submitted by the Contractor until the corresponding milestone has been formally accepted by SPC in accordance with the terms of the Contract. The payment term of 30 (thirty) days runs from the day the invoice is accepted by SPC, after successful completion of the related milestone. Each invoice shall mention the reference number of the Contract/Purchase Order and shall be issued in the legal name and address of SPC’s Headquarters or Regional office as follows: The Pacific Community SPC Headquarters 00 Xxxxxxxxx Xxxxx Xxxxxxx BP D5Suva Regional Office Private Mail Bag Suva, 98848 Noumea Cedex New Caledonia Fiji The contractually agreed price is not subject to any adjustment or revisions because of currency fluctuations or conversion rates, or the actual costs incurred by the Contractor in the performance of the Contract. The Contractor shall be solely responsible for the arrangement of any visas required and the payment of any tax or any other liabilities incurred during the provision of the Services. SPC shall not be responsible for any expenses incurred by the Contractor in performing the Contract unless specifically stated in the Contract. OFFICIAL NOT TO BENEFIT The Contractor warrants that no official of SPC has received or will be offered by the Contractor any direct or indirect benefit arising from the Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of the Contract.