Common use of STORES AND MATERIALS ON SITE Clause in Contracts

STORES AND MATERIALS ON SITE. All stores and materials required for the work are to be deposited by the Contractor only in places to be indicated by the Engineer-in-charge. Where in accordance with the contract stipulations certain Stores & Materials (for incorporation in the work) are to be issued to the Contractor by the BHEL as detailed under Schedule ’B’ such items will be so issued only to the extent required for the actual completion of the work as stipulated in the contract. The decision of the Engineer-in-charge regarding the quantities to be issued as above shall be final and binding on the contractor. For any excess quantities consumed on the work upto 5% over the theoretical consumption will be charged at issue rates and excess consumption beyond this limit, their cost will be recovered from the Contractor at punitive rates which will be 100% (Hundred Percent) more than the issue rates of the BHEL as specified in the Instructions to the Tenderers. In regard to the materials and stores which may be issued to the Contractor by BHEL the Contractor shall give the Engineer-in-charge reasonable notice in writing of his requirements of such stores and materials and on the approval of his demand being notified to him, he shall make immediate arrangements for drawing the same. Such stores and materials shall be transported by the Contractor at his own expense direct from the place of issue to the site of the work, unless prior written approval is obtained from the Engineer-in-charge to take them to a Store or Workshop elsewhere. The Contractor shall have to build a weather proof shed for the storage of cement required for 15 days consumption of the work. BHEL Officers connected with the Contract shall have the power at any time to inspect and examine any stores or materials intended to be used in or on the work, whether on the site or at any factory or workshop or other place where such stores or materials are being fabricated or manufactured or at any place where the same are lying and the contractor shall give necessary facilities for such inspection and examination. The Engineer-in-charge shall be entitled to have tests made of any stores or materials supplied by the Contractor who shall provide at his own expense all facilities which the Engineer-in-charge may require for this purpose. If at the discretion of the Engineer-in-charge an independent expert is employed to make any such tests his charges shall be borne by the Contractor only if the test discloses that the said stores or materials are not in accordance with the provisions of the Contract. Should the Engineer-in-charge consider at any time during the construction or re-construction, on prior to the expiry of the “MAINTENANCE PERIOD” that the stores or materials provided by the Contractor are unsound or of a quality inferior to that contracted for or otherwise not in accordance with the contract (in respect whereof the decision of the Engineer-in-charge shall be final and conclusive) the Contractor, shall on demand, in writing from the Engineer-in-charge specifying the Stores or materials complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith remove the stores or materials so specified and provide other proper and suitable stores or materials at his own expense; to the entire satisfaction of the Engineer-in-charge and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in his demand aforesaid the Engineer-in- charge may replace within others the stores or materials complained of at the risk and expense in all respects of the Contractor. The liability of the contractor under this condition shall not extend beyond the maintenance period aforesaid except as regards stores or materials which the Engineer-in-charge shall have previously given notice to the contractor to replace. (*MAINTENANCE PERIOD for any work under this Organisation will be SIX MONTHS FROM THE DATE OF ACTUAL COMPLETION of the particular work and handing over to B.H.E.L).

STORES AND MATERIALS ON SITE. All stores and materials required for the work are to be deposited by the Contractor contractor only in places to be indicated by the Engineer-in-charge. Where in- Charge, where in accordance with the contract contract, stipulations certain Stores & Materials stores and materials (for incorporation in the work) are to be issued to the Contractor contractor by the BHEL as detailed under Schedule ’B’ such detailed. BHEL free issue items will be so issued only to the extent required for the actual completion of the work as stipulated in the contract. The decision of the Engineer-—in-charge Charge / Head of the department regarding the quantities to be issued as above shall be final and binding on the contractor. For any excess quantities consumed on the work upto 5% over work, the theoretical consumption will be charged at issue rates and excess consumption beyond this limit, their cost will be recovered from the Contractor contractor at punitive rates rates, which will be 100% (Hundred Percent) more than the as mentioned in Schedule “B”. As regard issue rates of the BHEL as specified in the Instructions to the Tenderers. In regard to the materials material and stores which may to be issued to the Contractor contractor by BHEL BHEL, the Contractor contractor shall give the Engineer-in-charge in- Charge reasonable notice in writing of his requirements requirement of such stores and stores/ materials and on the approval of his demand being notified to him, he shall make immediate arrangements arrangement for drawing the same. Such stores and materials shall be transported by the Contractor contractor at his own expense direct from the place of issue to the site of work with the work, unless prior written approval is approval, obtained from the Engineer-in-charge Charge to take them to a Store store or Workshop work shop or elsewhere. The Contractor shall have to build a weather proof shed for the storage of cement required for 15 days consumption of the work. BHEL Officers officers connected with the Contract contract shall have the power at any time to inspect and examine any stores or materials intended to be used in or on the work, whether on the site or at any factory or workshop or other place where material intended to be used in or on the workshop, or other places such stores or materials are being fabricated or manufactured manufactured, or at any place where the same are lying and the contractor shall give necessary facilities for such inspection and examination. The Engineer-in-charge Charge shall be entitled to have tests made of any stores or materials supplied by the Contractor contractor who shall provide at his own expense all facilities which the Engineer-in-charge Charge may require for this purpose. If at the discretion of the Engineer-in-charge an Charge, independent expert is employed to make any such tests test, his charges shall be borne by the Contractor only contractor only, if the test discloses disclosed that the said stores or materials are not in accordance with the provisions of the Contractcontract. Should the Engineer-in-charge Charge consider at any time during the construction or re-construction, on reconstruction or prior to the expiry of the “MAINTENANCE PERIOD” maintenance period that the stores or materials provided by the Contractor contractor are unsound or of a quality inferior to that contracted for the constructed or otherwise and not in accordance with the contract (in respect whereof the decision of the Engineer-in-charge Charge shall be final and conclusive) the Contractor, ). The contractor shall on demand, demand in writing from the Engineer-in-charge Charge specifying the Stores stores or materials complained of, or notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith remove the stores or materials so specified and provide other proper and suitable stores or materials at his own expense; expense to the entire satisfaction of the Engineer-in-charge Charge and in the event of his failing to do so within a period to be specified by Engineer- in-Charge in his demand aforesaid, the Engineer-in-charge in his demand aforesaid the Engineer-in- charge Charge may replace within others with others, the stores or materials complained of of, at the risk and expense in all respects respect of the Contractorcontractor. The liability of the contractor under this condition shall not extend beyond the maintenance period aforesaid except as regards regard stores or materials materials, which the Engineer-in-charge Charge shall have previously given given, notice to the contractor to replacereplace that. (*MAINTENANCE PERIOD Maintenance period for any work under this Organisation organization will be SIX TWELVE MONTHS FROM THE DATE OF ACTUAL COMPLETION from the date of actual completion of the particular work and handing over to B.H.E.LBHEL in the case of building works and SIX MONTHS for all other works.). All stores and materials brought to the site shall become and remains the property of BHEL and shall not be removed from the site without the prior written approval of the Engineer-in-Charge. However, when the work is finally completed, the contractor shall at his own expense forthwith remove from the site surplus stores and materials originally supplied by him and upon such removal the same shall revert and become the property of the fixing in the work and which after making due allowance for the reasonable wear and tear/ or waste have not on completion of the works been so incorporated or fixed, shall be returned by the contractor at his own expense to the place of issue. Credit for surplus stores and/ or material returned by the contractor to BHEL will be given to him at a price, based on the prevailing market rate but not exceeding that at which the said stores and materials were originally issued to him but due consideration shall be given to the allowance claimed by BHEL, in respect of any depreciation or damage suffered by the stores and / or materials while in the custody of the contractor regarding which the decision of Engineer-in-Charge shall be final and conclusive. If in the opinion of the Engineer-in-Charge (which will be final and conclusive) any stores supplied by the BHEL have either during progress of work or after completion of work but under the custody of the contractor, become damaged to such an extent that they cannot be usefully utilized either in the same work or in other work, the Engineer-in-Charge shall not accept the stores and in the event of his so rejecting, the contractor shall be charged for the said stores at a rate fixed by the accepting officer. The contractor shall not be entitled to any claim whatsoever on this account.

STORES AND MATERIALS ON SITE. All stores and materials required for the work are to be deposited by the Contractor contractor only in places to be indicated by the Engineer-in-charge. Where Engineer Incharge, where in accordance with the contract contract, stipulations certain Stores & Materials stores and materials (for incorporation in the work) are to be issued to the Contractor contractor by the BHEL as detailed under Schedule ’detailed. Under schedule "B’ " such items will be so issued only to the extent required for the actual completion of the work as stipulated in the contract. The decision of the Engineer-in-charge Dy.Manager/ GM regarding the quantities to be issued as above shall be final and binding on the contractor. For any excess quantities consumed on the work upto 5% over work, the theoretical consumption will be charged at issue rates and excess consumption beyond this limit, their cost will be recovered from the Contractor contractor at punitive rates rates, which will be 100% (Hundred Percent) more than the as mentioned in Schedule “B”. As regard issue rates of the BHEL as specified in the Instructions to the Tenderers. In regard to the materials material and stores which may to be issued to the Contractor contractor by BHEL BHEL, the Contractor contractor shall give the Engineer-Engineer in-charge reasonable notice in writing of his requirements requirement of such stores and stores/ materials and on the approval of his demand being notified to him, he shall make immediate arrangements arrangement for drawing the same. Such stores and materials shall be transported by the Contractor contractor at his own expense direct from the place of issue to the site of work with the work, unless prior written approval is approval, obtained from the Engineer-in-charge Engineer Incharge to take them to a Store store or Workshop elsewhere. The Contractor shall have to build a weather proof shed for the storage of cement required for 15 days consumption of the workwork shop or else where. BHEL Officers officers connected with the Contract contract shall have the power at any time to inspect and examine any stores or materials intended to be used in or on the work, whether on the site or at any factory or workshop or other place where material intended to be used in or on the workshop, or other places such stores or materials are being fabricated or manufactured manufactured, or at any place where the same are lying and the contractor shall give necessary facilities for such inspection and examination. The Engineer-in-charge Engineer Incharge shall be entitled to have tests made of any stores or materials supplied by the Contractor contractor who shall provide at his own expense all facilities which the Engineer-in-charge Engineer Incharge may require for this purpose. If at the discretion of the Engineer-in-charge an Engineer Incharge, independent expert is employed to make any such tests tests, his charges shall be borne by the Contractor only contractor only, if the test discloses disclosed that the said stores or materials are not in accordance with the provisions of the Contractcontract. Should the Engineer-in-charge Engineer Incharge consider at any time during the construction or re-construction, on reconstruction or prior to the expiry of the “MAINTENANCE PERIOD” maintenance period that the stores or materials provided by the Contractor contractor are unsound or of a quality inferior to that contracted for the constructed or otherwise and not in accordance with the contract (in respect whereof the decision of the Engineer-in-charge Engineer Incharge shall be final and conclusive) the Contractor, ). The contractor shall on demand, demand in writing from the Engineer-in-charge Engineer Incharge specifying the Stores stores or materials complained of, or notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith remove the stores or materials so specified and provide other proper and suitable stores or materials at his own expense; expense to the entire satisfaction of the Engineer-in-charge Engineer Incharge and in the event of his failing to do so within a period to be specified by the Engineer-in-charge Engineer Incharge in his demand aforesaid aforesaid, the Engineer-in- charge Engineer Incharge may replace within others with others, the stores or materials complained of of, at the risk and expense in all respects respect of the Contractorcontractor. The liability of the contractor under this condition shall not extend beyond the maintenance period aforesaid except as regards regard stores or materials materials, which the Engineer-in-charge Engineer Signature & Name of Contractor Date Incharge shall have previously given given, notice to the contractor to replacereplace that. (*MAINTENANCE PERIOD Maintenance period for any work under this Organisation organization will be SIX TWELVE MONTHS FROM THE DATE OF ACTUAL COMPLETION from the date of actual completion of the particular work and handing over to B.H.E.LBHEL in the case of building works and SIX MONTHS for all other works.). All stores and materials brought to the site shall become and remain the properties of BHEL and shall not be removed from the site without the prior written approval of the Engineer Incharge. However when the work is finally completed, the contractor shall at his own expense forthwith remove from the site surplus stores and materials originally supplied by him and upon such removal the same shall revert and become the property of the fixing in the work and which after making due allowance for the reasonable wear and tear/ or waste have not on completion of the works been so incorporated or fixed, shall be returned by the contractor at his own expense to the place of issue. Credit for surplus stores and/ or material returned by the contractor to BHEL will be given to him at a price, based on the prevailing market rate but not exceeding that at which the said stores and materials were originally issued to him but due consideration shall be given to the allowance claimed by BHEL, in respect of any depreciation or damage suffered by the stores and / or materials while in the custody of the contractor regarding which the decision of Engineer Incharge shall be final and conclusive. If in the opinion of the Engineer Incharge (which will be final and conclusive) any stores supplied by the BHEL have either during progress of work or after completion of work but under the custody of the contractor, become damaged to such an extent that they cannot be usefully utilized either in the same work or in other work, the Engineer Incharge shall not accept the stores and in the event of his so rejecting, the contractor shall be charged for the said stores at a rate fixed by the accepting officer. The contractor shall not be entitled to any claim whatsoever on this account.