Article 8- Inspection
1.The Contractor will supply at his own cost food, transprot and all necessary facilities for all his own personnel.
2.On signing the Contract, the Contractor shall appoint a project manager who will represent the Contractor at all times be present at the Site during working hours. All communications issued by the Owner to the project manager shall be binding as if given to the Contractor.
3.The Owner may request the removal and replacement of any person employed by the Contractor on the Site if such person is in the Owner''s opinion guilty of misconduct, incompetence or negligence.
Article 9- Inspection
1.The Contractor shall be responsible for all losses of or damage to the Plant before final acceptance, and shall make good al such loss or damage at the cost of the Contractor and to the reasonable satisfaction of the Owner provided, however, in the case of loss or damage to the Plant arising from or occasioned by causes for which the Contractor is mot responsible under the Contract, the same shall be made good by the Contractor but at the cost of the Owner, if the Owner so directs.
2.The Contractor shall indemnify the Owner in respect of all damage and injury occurring before the issue of the final acceptance certificate to any property and person and against all actions, suits, claims, demands, charges and expenses arising in connection therewith which shall be occasioned by the negligence of the Contractor or any of his sub-contractors or by defective design, materials or workmanship but not otherwise.
3.In the event of any claim being made or actions brought against the Owner arising out of any matter in respect of which the Contractor is or may be liable under this Article, the Owner shall promptly notify the Contractor in writing thereof and the Contractor shall at his own expense take over and conduct in the name of the Owner all negotiations for the settlement of the same and any litigation that may arise therefrom. The Owner shall at the request of the Contractor afford all such information and assistance as the Contractor may reasonably require for the purpose of dealing with any such claim or action.
Article 10- Inspection
1.Without limiting the Contractor''s liabilities the Contractor will at his own expense take out the following insurance:
(1)Transportation insurance on the machine and equipment from its delivery ex works to arrival at the Site.
(2)Workers compensation insurance for all Contractor''s and subcontractor''s employees engaged or similar statutory social insurance in accordance with the applicable laws and regulations.
(3)Product liability insurance against damage to property or injury to persons until the end of the maintenance period in the sum not less that (amount) US dollars per occurrence.
(4)Comprehensive automobile liability insurance in respect of all vehicles used by the Contractor or his sub-contractor in connection with his Contract.
2.The aforesaid policies of insurance will be taken out in the names of the Contractor and its sub-contractors, the Owner, their engineer, consultant and employees and agents as the joint insured and the policies shall contain a waiver of insurer''s rights of subrogation against the Owner, its engineer, consultant and employees and agents.
3.The Contractor shall maintain the aforesaid policies in full force and effect until the discharge of his obligations under this Contract, and the Owner shall have the right to demand from time to time copies of the policies, endorsements and renewals and receipts for payment of insurance premiums. If the Contractor fails to maintain any of these policies in full force and effect, the Owner shall have the right to rake out such policies and pay all relative premiums on behalf of the contractor and to deduct the relevant costs from and sums owing to the Contractor.
|