443
Packing.
Inspector's certificates.
Invoices and shipping particulars.
Payment.
Contract time for delivery.
Contractors to
give notice of delay.
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of any trade custom the weight of wrappers battens or other material used in packing shall not be included in the weight for payment.
18. The Contractors must provide and include in their Contract Price the cost of all packing including cases materials and labour. They will be held responsible for the work being so packed as to ensure its being free from loss or injury on arrival at its destination in the Colony but they shall not be held liable for any damage arising through rough handling or accidents in transit or any delay in the completion of the work which may arise through the same causes.
19. Until the Inspector shall have given his certificate of approval none of the work will be considered as accepted by the Crown Agents nor must it be sent away and should any defects be discovered before shipment they must be immediately remedied by the Contractors.
20. The Contractors will forward to the Crown Agents at Whitehall Gardens S.W. four copies of invoice and three copies of shipping particulars showing the number marks measurements weight and contents of each package. The invoices should be made out on special forms supplied by the Crown Agents from whom copies can be obtained on application. Invoices should follow the wording and order of the tender form whenever this can be done without being misleading as to the nature of the goods or the package in which they will be found. They must give full trade descriptions of each article. When section letters page numbers item numbers or other identifications are given in the form of Contract these must be quoted on the invoices. If the work is shipped by instalments separate invoices and shipping particulars will be rendered for each instal- ment and will enumerate only what is included in that instalment.
21. Subject to any deductions to which the Contractors may become liable under the Contract payment will be made to the Contractors within seven days after the bills of lading have been received by the Crown Agents provided that the Inspector shall have given his certificate that the work has been completed to his entire satisfaction.
22. The contract time for delivery shall be the period or periods named in the Contract or agreed upon with the Crown Agents reckoned from the date on which the work is ordered by the Crown Agents.
23. Should the Contractors anticipate at any time during the execution of the Contract that they will be unable to deliver the work within the Contract time they must at once give notice accordingly in writing to the Crown Agents explaining the cause of the delay.
24.
7
for delay.
Failure to deliver within the Contract time will in addition Deductions to any other liabilities incurred by the Contractors under this Contract subject the Contractors to a deduction from the Contract Price as and for liquidated damages and not as a penalty of 1 per cent. per week on the value of any work which may be in arrear unless such delay has arisen from causes which were unavoidable and could not be foreseen or overcome by the Contractors in which case the Crown Agents on the advice of the Engineers will decide the extent if any to which the deductions shall be remitted. Delays in the supply of materials to the Contractors will not be admitted as a ground for the remission of deductions excepting so far as they may have arisen from strikes or other causes which could not be foreseen or overcome by the manufacturers or vendors of such materials.
25. Any drawings tracings or descriptions specified must Dearings, &c. unless otherwise specified be furnished by the Contractors with the first consignment of the work to which they refer and payment will not be made by the Crown Agents until such drawings tracings or descriptions have been furnished to the satisfaction of the Engineers.
(rown Agents may
Contract.
26. Should the Contractors become bankrupt or insolvent or should they suspend payment or compound with their creditors or determine from any other cause whatever become unable or fail to carry on the Contract with efficiency or should they not progress with the work in the manner intended by the Contract or not have work ready for delivery in conformity with the terms of the Contract or should their preparations for commencement and their subsequent rate of progress be so slow from any cause whatever that in the opinion of the Crown Agents they will be unable to complete the work by the expiration of the specified period or should they refuse or neglect to comply with the directions given them by the Crown Agents or Inspector or in any other respect act contrary to the terms of the Contract then the Crown Agents on the advice of the Engineers shall have power to declare the Contract at an end and the Contractors shall only be paid for such portion of the work as shall have been actually delivered at the date of such declaration after deduction of any sum leviable under the conditions of the Contract. The Contractors shall in addition be liable to pay to the Crown Agents or the Crown Agents shall be entitled to further deduct the value of any expense loss or damage (including any excess difference between the Contract Price of the work to be done under this Contract or of such portion thereof as may not have been delivered at the date of such declaration as aforesaid and the price which the Crown Agents may have to pay for similar work provided in lieu of such portion as may not have been so delivered) which the Crown Agents may be put to or sustain by reason of or in connection with the Contractors' breach of Contract.