57. All plant and materials brought or left upon or near the site of the Works, or imported into or shipped to the Colony, by or on account of the Contractors to be used or employed on or for any of the purposes of the Works, shall (subject to the next succeeding clause hereof) become the property of the Government, and the same shall not nor shall any of them on any account be taken away, used or disposed of by the Contractors or any other person whomsoever, except for the purposes of the Works, without the previous consent in writing of the Engineer, but the Govern- ment shall not be answerable for any loss or damage of or to the said plant or materials or any of them, nor shall anything herein contained relieve the Contractors from any liability or risk in respect of the same.
Plant and Materials to be the Property
of the Government.
Contractors subject to Option of Purchase by Government.
58. Upon the completion of the Works, and on a Certificate of such completion Plant and being given by the Engineer, as hereinafter mentioned, and upon payment by the Materials on
Completion of Contractors of all such moneys (if any) as shall be due from them to the Government Contract to be under any of the provisions herein contained, and upon the due performance of given up to all such provisions, such of the same plant and materials as shall not be required for the Works shall be delivered up to the Contractors for the purpose and upon condition of their removing the same immediately, at their own cost, from the Works and premises of the Government. Should the Government, however, then desire to retain possession of all or any of such plant or materials, the Government shall be at liberty to do so upon paying for the same such price as shall in case of difference be fixed by the Engineer.
of Plant, etc.
59. The Contractors shall prepare and maintain an inventory of all temporary Contractors to rolling stock, plant and materials purchased or hired for use or employment on or keep Inventory for any of the purposes of this Contract and such inventory or a copy thereof shall at all times be available for inspection by the Engineer.
restore Plant.
60. Upon the completion of the Contract the Contractors must deliver to Contractors to the Government all cranes, appliances, materials and plant (if any) which have been lent to them by the Government and make good all damage which may have occurred to them except such as shall be caused by fair wear and tear in the execution of the Works.
"C
61. The Contractors shall supply, construct and complete the whole of the Date of
Completion. Works and hand them over to the Government, on or before the day of
the prescribed 192 (hereinafter referred to as time"), and save as herein provided, no circumstances whatever shall extend or alter the date for the completion of the Works :
PROVIDED ALWAYS that if in the opinion of the Engineer the completion of the Works shall be delayed by any change of original design or by the order by the Engineer of any altered, modified, substituted or additional works or materials, or by the order by the Engineer of any works or materials to be omitted, or by any strike or lock-out of any workmen employed by the Contractors or by the Contractors not being given possession of the site or any part thereof, or by the Government taking possession of or using the site or any part thereof or the Works or any part · thereof, whether under the powers herein contained or otherwise, or by any non- performance of work or non-supply of materials to be performed or supplied by the Government, or by the Contractors not receiving any orders, drawings, instructions or directions in time, or by the suspension of the Works, or by fire, flood, exceptionally bad weather, tempest, storm or by or from any unforeseen circumstances (and whether the same shall be due to any act or omission of the Government or the Crown Agents or those in their respective service or not), the Engineer may, if in his uncontrolled discretion he shall think fit, either forthwith or at any later time and from time to time, notwithstanding that the prescribed or extended time for completion has expired, or that the Works have been completed, by writing under his hand, extend the time for the completion of the Works to such date as he shall appoint: PROVIDED ALWAYS that unless the Contractors make a written application to the Engineer at or before the time when the cause of delay is occurring or about to occur, and unless the time is extended by the Engineer, the prescribed time shall not be exceeded notwithstanding delays from the foregoing or any other causes of whatsoever kind.
9753
No comments yet.
Private notes are available after approval.