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1 CONDITIONS OF CONTRACT GENERAL TERMS AND CONDITIONS 1) Definitions i) The word "Employer" or "Company” or “Owner” wherever occurs in the conditions, means the Western Coal- fields Limited, represented at Head Quarters of the Company by the appropriate authority or his authorized rep- resentatives or any other officer specially deputed for the purpose who will employ the contractor. ii) The word" Principal Employer" wherever occurs, means the officer nominated by the Company to function on its behalf. iii) The word "Contractor/ Contractors" wherever occurs means the successful bidder /bidders who has/have de- posited the necessary Earnest money and has/have been given written intimation about the acceptance of ten- der and shall include legal representative of such individual or persons composing a firm or a company or the successors and permitted assignees of such individual, firm or Company, as the case may be and any constitu- tional, or otherwise change of which shall have prior approval of the employer. iv) "Site" means the land and places including any building and erection thereon, over, under, in or through which the Permanent works or Temporary works designed by the Engineer-in-Charge are to be executed and any oth- er lands and places provided by the Employer for working space or any other purpose as may be specifically designated in the Contract as forming part of the site. v) The term "Sub-Contractor" as employed herein, includes those having a direct contract with Contractor either on piece rate, item rate, time rate or any other basis and it includes one who furnishes work to a special design ac- cording to the plans or specifications of this work but does not include one who merely supplies materials. vi) "Accepting Authority" shall mean the management of the company and includes an authorized representative of the company or any other person or body of persons empowered on its behalf by the company. vii) "Engineer-in-charge" shall mean the officer nominated by the company in the Civil Engineering cadre/ disci- pline who is competent to direct supervisors and authorised to be in charge of the works for the purpose of this contract. The Engineer-in-Charge /Designated Officer in Charge, who is of an appropriate seniority, will be re- sponsible for supervising and administering the contract, certifying payments due to the contractor, valuing var- iations to the contract, awarding extension of time and valuing compensation events.The Engineer-in-Charge /Designated Officer in Charge may further appoint his representatives i.e. another person/Project Manager or any other competent person and notify to the contractor who is directly responsible for supervising the work be- ing executed at the site, on his behalf under their Delegation of Powers of the company. However, overall re- sponsibility, as far as the contract is concerned, will be that of the Engineer-in-Charge/Designated Officer in Charge. viii) The "Contract" shall mean the notice inviting tender, the tender as accepted by the Company, the work order issued to the contractor, and the formal contract agreement executed between the company and the contractor together with the documents referred to therein including general terms and conditions, special conditions, if any, scope of work, frozen terms & conditions/technical parameters/scope of work and revised offer, if any, spec- ifications, drawings, including those to be submitted during progress of work, schedule of quantities with rates and amounts. ix) A "Day" shall mean a day of 24 hours from midnight to midnight. x) The "Work" shall mean the works required to be executed in accordance with the contract/work order or parts thereof as the case may be and shall include all extra or additional, altered or substituted works or any work of emergent nature, which in the opinion of the Engineer-in-charge, become necessary during the progress of the works

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