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Interpretation.
Extent of Contract.
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Works or any of them or any part thereof respectively as the Crown Agents may from time to time and /or at any time require and the Engineer shall order (in the manner hereinafter mentioned) subject to and in accordance with the provisions hereof and in accordance with all such drawings and Instructions as the Engineer shall from time to time or at any time issue and give to the Contractors,
2. In this Contract and in the Specification and in the Schedule of Prices hereto annexed (all of which are to be read and construed as part of this Contract) the following words and expressions shall have the following meanings, that is to say:-
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(A) The Colony" means the Colony of Hong Kong.
(B) "The Crown Agents" means and includes the persons for the time being authorised to act and acting as Crown Agents in England for the Colonies, or any one of such persons.
(c) "The Government" means the Governor or Officer for the time being administering the Government in the Colony acting by and with the advice of the Executive Council for and on behalf of the Colony.
(D) "The Colonial Secretary" means the Colonial Secretary for the time being of the Colony or the person for the time being acting as such, or such other person as may be appointed by the Governor of the Colony to perform such acts and things as are to be performed by the Colonial Secretary under the terms of this Contract,
(E)
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The Consulting Engineer means Mr. William Fairley, M.Inst. C.E.. of Parliament Mansions, Westminster, or other the person or persons for the time being appointed by the Government to act in that capacity. (F) "The Director" means the Director of Public Works in the Colony for
the time being, or his duly authorised deputy.
(G)The Engineer" means and includes the Consulting Engineer and for the
Director.
(H)The Inspector" means and includes the Chief Inspecting Engineer of the Crown Agents and the person or persons (both in Great Britain and the Colony) for the time being appointed to act as Inspector in respect of materials supplied for the purposes of this Contract.
(0) "The Contractors" means and includes
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Limited their successors and permitted assigns.
(J) "The Works " means all the works to be executed and things to be done by
the Contractors under this Contract.
(K)
(1)
Month means calendar month,
The Specification means the Specification hereto annexed. (M)The Schedule of Prices" means the Schedule of Prices hereto annexed. (N) "The Schedule Rates " means the rates specified in the Schedule of Prices.
(0) "The Drawings means and includes all drawings issued or to be issued
in accordance with the provisions of this Contract.
2+
(F) The Contract Documents means this Contract, the Specification, the
Schedule of Prices and the Drawings.
"The Contract Sum" means the sum to be paid to the Contractors under
Clause 62 hereof.
(0)
(R)
C
The Site means the area which is, or will be, in any way affected by the Works.
3. This Contract comprehends the supply and carriage of all materials and plant to the Colony, the carriage of men to the Colony, the unloading at site and the handling and erection of all materials in the Colony requisite for the entire com pletion and equipment of the Works in thorough working order, according to the Specification and Drawings and also the execution of such extra work as may be required by the Engineer, the whole being subject to all the terms and conditions of the Contract Documents.
4.
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This Contract includes the supply and delivery on the site of the whole Contract includes of the pipes. jointing materials, castings, structural iron or steel work, valves, bolts, supply of all covers, bricks stonework, cement, aggregate for concrete and all other materials materials. of every description hereafter specified or necessary for the construction and completion of the Works.
5. This Contract also includes the provision of all the necessary temporary Contract also plant, machinery and works, barges, tugs, dams, pumping plant for keeping the includes supply works free from water during the construction, and other incidental works necessary to complete the contract.
of all Plant.
6. The Contract sum is to be deemed to include the sum of £1,000 to be expended Provisional Items. in any work extra to that herein specified or referred to. The said extra work (if any)
is to be executed by such persons in such a manner and to such an extent as the Engineer may direct in writing. Such extra work if executed by the Contractor shall be accounted for in a detailed Bill at the termination of the Contract and the charges in the said Bill shall be subject to the approval of the Engineer. Any portion of the £1,000 not so payable to the Contractors or the whole amount of it, if not so payable, shall be deducted from the Contract sum.
7.
Should there be any discrepancy between the Specification and/or Schedule Discrepancies of Prices and/or Drawings or any inconsistency, error or omission in any of them, and Specification.
between Drawings reference must be made to the Engineer for an explanation and the Contractors will
be held responsible for any errors that may occur in the work through neglect of this precaution.
8. An Order signed by the Colonial Secretary shall be conclusive evidence Order of of every Order, decres, determination or appointment of the Government mentioned Colonial Secretary in such Order, and everything done in execution of this Contract under the authority as Orders of
and Crown Agents of the Crown Agents as expressed in writing under their hands shall be deemed to Government. have been done by the Government.
3. All orders or instructions to the Contractors shall, except as herein or in Orders to the Specification otherwise provided, be given in writing by the Consulting Engineer Contractors.
so far as regards materials before shipment and all other matters arising in the United Kingdom and by the Director as regards all matters arising in the Colony.
IO,
Should the Contractors refuse or neglect to carry out any instructions of If Instructions the Engineer, the Engineer shall have the power to suspend the monthly Certificates not obeyed under Clause 72 hereof until such instructions shall have been complied with.
Engineer may suspend Monthly Certificates.
II. The Contractors shall, unless otherwise specially provided for, take upon Contractors to themselves all risks arising from errors or omissions in the Specification and for take all Risks Schedule of Prices and/or Drawings.
of Error.
12. No part of the Contract, nor any share or interest in it, is to be transferred, Contract not to
assigned or sub-let by the Contractors directly or indirectly to any person or persons be Sub-let. or corporation whomsoever, without the previous consent of the Engineer.
13. All dock and harbour dues and charges (including Port of London port Dock and rates and Clyde dues) where charged are payable by the Contractors and shall be Harbour Dues. deemed to be included in the Contract Sum.
14. The Contractors will be required to pay all Customs Duties, Port Dues, Customs Duties Landing and other charges payable in respect of any materials, tools and plant and Port Dues. which they may find it requisite to send out for the purpose of carrying out the Works, but the same will be refunded by the Government to the Contractors provided that such materials, tools and plant form a part of the permanent Works or are removed from the Colony on the completion of the Works.
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