Common use of MATERIALS TO BE PROVIDED BY THE CONTRACTOR Clause in Contracts

MATERIALS TO BE PROVIDED BY THE CONTRACTOR. a) The contractor shall, at his own expense, provide all materials, required including Cement & Steel for the works. The contractor shall at his own expense and without delay; supply to the Employer/ Employer’s Engineer samples of materials to be used on the work and shall get the same approved in advance. All such materials to be provided by the Contractor shall be in conformity with the specifications laid down or referred to in the contract. The contractor shall, if requested by the Employer/ Employer’s Engineer furnish proof, to the satisfaction of the Employer/ Employer’s Engineer that the materials so comply. The contractor shall at his risk and cost, submit the samples of materials to be tested or analysed in India or Abroad and bear all charges and cost of testing. The Employer/ Employer’s Engineer or his authorized representative shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the contractor shall afford every facility and every assistance and cost in obtaining the right and visit to such access. The Employer/ Employer’s Engineer shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default, the Employer/ Employer’s Engineer shall be at liberty to employ at the expense of the contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Employer/ Employer’s Engineer shall also have full power to require other proper materials to be substituted thereof and in case of default, the Employer/ Employer’s Engineer may cause the same to the supplies and all costs which may require such removal and substitution shall be borne by the contractor. b) The Contractor shall be responsible at his own cost and initiative within the scope of services, to take delivery of the materials from the port of delivery in India in respect of imported materials and from the factory or ware-house or other place(s) of delivery in respect of indigenous materials and to transport these to the Contractor’s stockpiles, godowns or other places of storage arranged by him for this purpose, and to transport the same from said godowns or place(s) of storage to the work site for incorporation in the permanent works. The work of delivery and transportation of materials shall include (but not be limited to) the following- i.) Payment of custom duty, Clearance of the goods through custom and port clearance including filling and/or filing of all custom manifests, bills of entry, and custom declarations and other documents as may be required for the clearance of the goods from customs or port authorities, including making necessary payment of Customs Duties. ii.) Stevedoring, clearing, forwarding and handling services as required for imported and indigenous materials and consignments including payment at contractor’s cost of any insurance ( the insurance shall be in a fully convertible currency), demurrage, wharfage, port charges, siding charges, retention charges, detention charges or other charges whatsoever and howsoever designated or levied by any railway, air-port, ship and/or other authorities for or in connection with the loading, unloading or detention of any materials or vessels or other means of transport beyond the free period or unloading, clearance, retention or detention or loading, as the case may be, provided by the relevant authority(ies) or carrier(s) in this behalf. iii.) All works and operations necessary to lift and to remove the material from port, ware- house, railway or other siding, factory or other places of delivery, loading, handling, transporting and unloading and safely stacking, placing or storing the same at godowns, yards or other place(s) of storage including lashing or other-wise securing or protecting the same in transit and during and in storage. iv.) All acts, deeds, matters or things required to fulfil all local, municipal and other statutory authorities with respect to the transportation of any materials through or into any State, municipal, local or other barriers or limits or for the import of the materials or any of them within the limits of such barrier, including payment of octroi or other local toll (if applicable), terminal and/or entry or other taxes payable on the passage or entry of the materials through or within any local limits, for which purpose the CSML shall give the Contractor and/or Contractor’s designate(s) any and all authority(ies) as may be reasonably required in this behalf. If Road Permits, Entry Permits, Transit Permits or the like for the transportation of any materials is to be obtained in the name of the CSML / EMPLOYER, it shall at the request of the Contractor sign and provide such documents as are required to be furnished by the CSML to obtain the Permit(s). v.) All other acts, deeds, matters and things whatsoever ancillary, auxiliary or incidental to the above including but not limited to the grading of the site and/or creation of temporary approaches and ramps etc. as may be required.

MATERIALS TO BE PROVIDED BY THE CONTRACTOR. a) The contractor shall, at his own expense, provide all materials, required including Cement & Steel for the works. The contractor shall at his own expense and without delay; supply to the Employer/ Employer’s Engineer samples of materials to be used on the work and shall get the same approved in advance. All such materials to be provided by the Contractor shall be in conformity with the specifications laid down or referred to in the contract. The contractor shall, if requested by the Employer/ Employer’s Engineer furnish proof, to the satisfaction of the Employer/ Employer’s Engineer that the materials so comply. The contractor shall at his risk and cost, submit the samples of materials to be tested or analysed in India or Abroad and bear all charges and cost of testing. The Employer/ Employer’s Engineer or his authorized representative shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the contractor shall afford every facility and every assistance and cost in obtaining the right and visit to such access. The Employer/ Employer’s Engineer shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default, the Employer/ Employer’s Engineer shall be at liberty to employ at the expense of the contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Employer/ Employer’s Engineer shall also have full power to require other proper materials to be substituted thereof and in case of default, the Employer/ Employer’s Engineer may cause the same to the supplies and all costs which may require such removal and substitution shall be borne by the contractor. b) The Contractor shall be responsible at his own cost and initiative within the scope of services, to take delivery of the materials from the port of delivery in India in respect of imported materials and from the factory or ware-house or other place(s) of delivery in respect of indigenous materials and to transport these to the Contractor’s stockpiles, godowns or other places of storage arranged by him for this purpose, and to transport the same from said godowns or place(s) of storage to the work site for incorporation in the permanent works. The work of delivery and transportation of materials shall include (but not be limited to) the following- i.) Payment of custom duty, Clearance of the goods through custom and port clearance including filling and/or filing of all custom manifests, bills of entry, and custom declarations and other documents as may be required for the clearance of the goods from customs or port authorities, including making necessary payment of Customs Duties. ii.) Stevedoring, clearing, forwarding and handling services as required for imported and indigenous materials and consignments including payment at contractor’s cost of any insurance ( the insurance shall be in a fully convertible currency), demurrage, wharfage, port charges, siding charges, retention charges, detention charges or other charges whatsoever and howsoever designated or levied by any railway, air-port, ship and/or other authorities for or in connection with the loading, unloading or detention of any materials or vessels or other means of transport beyond the free period or unloading, clearance, retention or detention or loading, as the case may be, provided by the relevant authority(ies) or carrier(s) in this behalf. iii.) All works and operations necessary to lift and to remove the material from port, ware- house, railway or other siding, factory or other places of delivery, loading, handling, transporting and unloading and safely stacking, placing or storing the same at godowns, yards or other place(s) of storage including lashing or other-wise securing or protecting the same in transit and during and in storage. iv.) All acts, deeds, matters or things required to fulfil all local, municipal and other statutory authorities with respect to the transportation of any materials through or into any State, municipal, local or other barriers or limits or for the import of the materials or any of them within the limits of such barrier, including payment of octroi or other local toll (if applicable), terminal and/or entry or other taxes payable on the passage or entry of the materials through or within any local limits, for which purpose the CSML DMICDC shall give the Contractor and/or Contractor’s designate(s) any and all authority(ies) as may be reasonably required in this behalf. If Road Permits, Entry Permits, Transit Permits or the like for the transportation of any materials is to be obtained in the name of the CSML / EMPLOYERDMICDC, it shall at the request of the Contractor sign and provide such documents as are required to be furnished by the CSML DMICDC to obtain the Permit(s). v.) All other acts, deeds, matters and things whatsoever ancillary, auxiliary or incidental to the above including but not limited to the grading of the site and/or creation of temporary approaches and ramps etc. as may be required.

MATERIALS TO BE PROVIDED BY THE CONTRACTOR. a) The contractor shall, at his own expense, provide all materials, required including Cement & Steel for the works. The contractor shall shall, at his own expense and without delay; , supply to the Employer/ Employer’s Engineer Engineer- in-Charge samples of materials to be used on the work and shall get the same these approved in advance. All such materials to be provided by the Contractor contractor shall be in conformity with the specifications laid down or referred to in the contract. The contractor shallshall , if requested by the Employer/ Employer’s Engineer Engineer-in-Charge furnish proofproof , to the satisfaction of the Employer/ Employer’s Engineer –in-Charge that the materials so complycomply with relevant specifications. The contractor shall at his risk and cost, cost submit the samples of materials to be tested or analysed in India or Abroad analyzed and bear all charges and cost of testingtesting unless specifically provided for otherwise elsewhere in the contract or specifications. The Employer/ Employer’s Engineer Engineer- in-Charge or his authorized representative shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, materials manufactured articles or machinery are being obtained for the works and the contractor shall afford every facility and every assistance and cost in obtaining the right and visit to access such accesslocations. The Employer/ Employer’s Engineer Engineer-in-Charge shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default, the Employer/ Employer’s Engineer Engineer-in- Charge shall be at liberty to employ at the expense of the contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Employer/ Employer’s Engineer Engineer-in-Charge shall also have full power powers to require other proper materials to be substituted thereof and in case of default, default the Employer/ Employer’s Engineer Engineer-in-Charge may cause the same to the supplies supplied and all costs which may require such removal and substitution shall be borne by the contractor. b) The Contractor shall be responsible at his own cost and initiative within the scope of services, to take delivery of the materials from the port of delivery in India in respect of imported materials and from the factory or ware-house or other place(s) of delivery in respect of indigenous materials and to transport these to the Contractor’s stockpiles, godowns or other places of storage arranged by him for this purpose, and to transport the same from said godowns or place(s) of storage to the work site for incorporation in the permanent works. The work of delivery and transportation of materials shall include (but not be limited to) the following- i.) Payment of custom duty, Clearance of the goods through custom and port clearance including filling and/or filing of all custom manifests, bills of entry, and custom declarations and other documents as may be required for the clearance of the goods from customs or port authorities, including making necessary payment of Customs Duties. ii.) Stevedoring, clearing, forwarding and handling services as required for imported and indigenous materials and consignments including payment at contractor’s cost of any insurance ( the insurance shall be in a fully convertible currency), demurrage, wharfage, port charges, siding charges, retention charges, detention charges or other charges whatsoever and howsoever designated or levied by any railway, air-port, ship and/or other authorities for or in connection with the loading, unloading or detention of any materials or vessels or other means of transport beyond the free period or unloading, clearance, retention or detention or loading, as the case may be, provided by the relevant authority(ies) or carrier(s) in this behalf. iii.) All works and operations necessary to lift and to remove the material from port, ware- house, railway or other siding, factory or other places of delivery, loading, handling, transporting and unloading and safely stacking, placing or storing the same at godowns, yards or other place(s) of storage including lashing or other-wise securing or protecting the same in transit and during and in storage. iv.) All acts, deeds, matters or things required to fulfil all local, municipal and other statutory authorities with respect to the transportation of any materials through or into any State, municipal, local or other barriers or limits or for the import of the materials or any of them within the limits of such barrier, including payment of octroi or other local toll (if applicable), terminal and/or entry or other taxes payable on the passage or entry of the materials through or within any local limits, for which purpose the CSML shall give the Contractor and/or Contractor’s designate(s) any and all authority(ies) as may be reasonably required in this behalf. If Road Permits, Entry Permits, Transit Permits or the like for the transportation of any materials is to be obtained in the name of the CSML / EMPLOYER, it shall at the request of the Contractor sign and provide such documents as are required to be furnished by the CSML to obtain the Permit(s). v.) All other acts, deeds, matters and things whatsoever ancillary, auxiliary or incidental to the above including but not limited to the grading of the site and/or creation of temporary approaches and ramps etc. as may be required.