Common use of Materials and Samples Clause in Contracts

Materials and Samples. a) The materials/products used on the works shall be one of the approved make/ brands out of list of manufacturers / brands /makes given in the tender documents or shop drawings submitted or as approved in the Detailed Engineering or shop drawings submitted after the award of Work. The contractor shall submit samples/ specimens out of approved makes of materials/ products to the Employer/ Employer’s Engineer for prior approval. In exceptional circumstances Employer/ Employer’s Engineer may allow alternate equivalent makes/brands of products/ materials at his sole discretion. The final choice of brand / make shall remain with the Employer/ Employer’s Engineer, whose decision in this matter shall be final and binding and nothing extra on this account shall be payable to the Contractor. In case single brand/ make are mentioned, other equivalent makes/ brands may be considered by the Employer/ Employer’s Engineer. In case of variance in CPWD/IS/BIS Specifications from approved products/makes specification, the specification of approved product/make shall prevail for which nothing shall be paid extra to the Contractor. In case no make or brand of any materials, articles, fittings and accessories etc. is specified, the same shall comply with the relevant Indian Standard Specifications and shall bear the IS/BIS mark. The Employer’s Engineer and the Employer shall have the discretion to check quality of materials and equipments to be incorporated in the work, at source of supply or site of work and even after incorporation in the work. They shall also have the discretion to check the workmanship of various items of work to be executed in this work. The contractor shall provide the necessary facilities and assistance for this purpose. b) The above provisions shall not absolve the contractor from the quality of final product and in getting the material and workmanship quality checked and approved from the Employer/ Employer’s Engineer. c) The contractor shall well in advance, produce samples of all materials, articles, fittings, accessories etc. that he proposes to use and get them approved in two sets duly signed and in writing by Employer. The materials articles etc. as approved shall be labelled as such and shall be signed by Employer and the Contractor's representative. One set in the site office of the Employer/ Employer’s Engineer. d) The approved samples shall be kept in the custody of the Employer/Employer’s Engineer till completion of the work. Thereafter the samples except those destroyed during testing shall be returned to the contractor. No payment will be made to the contractor for the additional required samples or samples destroyed in testing. e) The brands of all materials, articles fittings etc. approved together with the names of the manufacturers and firms from which supplies have been arranged shall be recorded in the site order book. f) The contractor shall set up and maintain at his cost, a field testing laboratory for all day to day tests at his own cost to the satisfaction of the Employer/ Employer’s Engineer. This field testing laboratory shall be provided with equipment and facilities to carry out all mandatory field tests as per the requirements of selected materials and specifications. The laboratory building shall be constructed and installed with the appropriate facilities, Temperature and humidity controls shall be available wherever necessary during testing of samples. All equipments shall be provided by the Contractor so as to be compatible with the testing requirements specified. The Contractor shall maintain all the equipments in good working condition for the duration of the contract. The Contractor shall provide approved qualified personnel to run the laboratory for the duration of the Contract. The number of staff and equipment available must at all times be sufficient to keep pace with the sampling and testing programme as required by the Employer/ Employer’s Engineer. The Contractor shall fully service the site laboratory and shall supply everything necessary for its proper functioning, including all transport needed to move equipment and samples to and from sampling points on the site, etc. The Contractor shall re-calibrate all measuring devices as per or established norms for each testing equipment annually whenever so required by the Employer/ Employer’s Engineer and shall submit the results of such calibration without delay. All field tests shall be carried out in the presence of Employer’s representative. All costs towards samples, materials, collection, transport, manpower, testing etc. shall be borne by the Contractor and are deemed to be included in the rates quoted by him in the Offer/ tender. The contractor(s) shall display the calibration certificate of each equipment at the location of equipment & shall get recalibrated at least one week before its expiry date. Irrespective of any loss due to theft, fire or whatsoever. No claim shall be entertained towards cost and time. Contractor/subcontractors has / have to deploy security personnel for safeguarding of materials procured and bought at site. Irrespective of any loss due to theft, fire or whatsoever. No claim shall be entertained towards cost and time