RGPPL and Invensys

8/17/2019 RGPPL and Invensys

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Serial

No.RGPPL (RPPL)

Invensys General Terms

and ConditionsDeviation

1

Accident or injury to

workmen:Section 1

Insurance

Clause 23

Invensys shall arrange for Insurance Policy for

its staff not covered under m!loyees State

Insurance Act and for all !lant and machinery

"rought to e#ecute the work$

$

2Contractor %o Indemnify the

m!loyer:

Section 2

&ot 'ealt with

Invensys will "e solely lia"le to indemnify

()PP* and all its staff against all claims made

against the ()PP* for any failure of Invensys

in !erformance of its o"ligations under the

contract$

+ii, %here is no !rovision where ()PP* is

made lia"le to Invensys for any failure on its

!art in the !erformance of o"ligations under the

contract$

()PP* shall not "e lia"le for any damages

!aya"le at law in conse-uence of any accident

or injury to any workman or other !erson in the

em!loyment of the Invensys e#ce!t those

resulting from any act or default of the ()PP*$

3

.orkmen Com!ensation

And m!loyer/s *ia"ility

Insurance

Section 3

Insurance

Clause 23

+i, Invensys is lia"le to take Insurance for all its

em!loyees engaged in the contract work$

+ii, Invensys is also res!onsi"le to ensure that

all its su"0contractors !rovide workman/s

com!ensation and em!loyer/s lia"ility

insurance if those em!loyees are not covered

under the Invensys Insurance$

Contractor/s Su"ordinate

Staff And %heir Conduct

Section

Com!anys "ligations

and .ork n Com!anys

Site

Clause 22

Com!liance

Clause 4

+i, ()PP* may re-uire Invensys to em!loy

additional su!ervisory staff5 at its own cost$

+ii, Invensys will "e solely res!onsi"le for any

action of its em!loyees eg tres!ass in the land

and !ro!erties in the neigh"orhood and relieve

the ()PP* of all claims or damages or injury

or any other grounds$

+iii, Invensys shall "e lia"le for any lia"ility to

()PP* arising out of the e#ecution of contract$


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Invensys shall "e solely lia"le for all acts or omissions on the !art of its staff5 includingmisfeasance or negligence in the course of their work or during their em!loyment5 whichare connected directly or indirectly with thecontract$

+iv, ()PP* may re-uire Invensys/ !ersonnelto com!ulsory wear "adges at all times on()PP*s !remises$

+v, Invensys may "e re-uired to o"tain dailyentry !asses for his staff6em!loyees from()PP* to work within o!erating areas$

+vi,All o"ligations arising of la"our laws towould solely lie on the Invensys$

+vi, At any stage if Invensys fails to e#ecute the jo" as !er terms and conditions5 )AI* shall

have the right to make alternative arrangementand com!lete the jo" at the cost and risk of Invensys$

7

Ar"itration

Section 7

*aws and 'is!ute

(esolution

Clause 18

+i, nly ()PP* shall suggest a !anel of three

inde!endent !ersons to the Invensys for

selection as the Sole Ar"itrator$

(ii) If Invensys fails to select the sole

arbitrator within 30 days, RGPPL hasthe sole right to proceed with the

appointment

(iii) !he provisions of the "rbitration

# $onciliation "ct %&&' and the Rles

shall be applicable

9 ailure ;y %he Contractor

%o Com!ly .ith %he

Provisions f %he Contract

Section <

Com!liance

Clause 4 +i, ()PP* has the right to either determine the

contract and then terminate it or terminate it

outright through a written notice5 if Invensysfails to com!lete the work within the s!ecified

time or fails to !erform its o"ligation under the

contract or commits a "reach of the terms of

the contract$

(ii)()PP* may take over the remaining !art of

the work from Invensys and com!lete the same


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through another contractor and Invensys will "e

lia"le to "ear all the risk and e#cess cost

incurred "y ()PP* in com!letion of work5 at

the rates over and a"ove those s!ecified in the

schedule$

+iii, %he amount that may "ecome due to

Invensys on account of the work already

e#ecuted will not "e !aya"le until the e#!iry of

si# months from the date of taking over of work

"y ()PP* or termination of contract and during

this !eriod the lia"ility for faulty materials or

worksmanshi! will lie entirely on Invensys$

+iv, %he amount !aya"le to Invensys will "e

su"ject to deduction of any amounts due fromInvensys to ()PP*$

+v, ()PP* has the sole right to decide whether

the defaults committed "y Invensys are cura"le

or not and may give o!!ortunity to cure the

defaults through a written notice$

+vi, %he contract can "e terminated "y ()PP*5

without any notice5 if Invensys assigns the

contract in favor of any of its creditors or any

other !erson$

+vii,All the rights of ()PP*5 accrued till the

date of termination shall not "e !rejudiced "y

the termination of contract$

<Price (eduction Schedule

Section =

%ermination for 'efault

Clause 17

Storage and ;ailment of

Com!anys >aterials

and6or -ui!ment

Clause 19

In case Invensys fails due to its own default5 to

com!lete the work within the sti!ulated !eriod5

the total contract !rice would "e reduced "y

half !ercent of the total contract !rice !er

com!lete week of delay or !art thereof su"ject

to a ma#imum of five !ercent$

()PP* can unilaterally decide on the

a!!lica"ility of !rice reduction without any

o!!ortunity of hearing to Invensys$


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=%ermination f Contract

Section 4

%ermination for 'efault

Clause 17

nly ()PP* has the right to terminate the

contract$ )CC does not give any contractual

right to Invensys to terminate the contract$

%he contract can "e terminated "y ()PP* if

Invensys is li-uidated or "ecomes "ankru!t5

insolvent etc$

4orce >ajeure

Section 18

orce >ajeure

Clause <

?!on occurrence and u!on termination of the

event of orce >ajeure5 the !arty alleging that

it has "een rendered una"le to fulfill its

o"ligation is re-uired to notify the other !arty

within


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11*imitation of lia"ility

Section 1

*imitation of *ia"ility

Clause 13

%he aggregate total lia"ility of Invensys under

the Agreement or otherwise shall "e u!to a

ma#imum limit of 188@ of Agreement 6

Contract alue$ %he limit is e#cessive$

12 &I*

Intellectual Pro!erty and

Software *icense

Clause 11

)CC does not contain any !rovision regarding

ownershi! of intellectual !ro!erty and software

licenses$

13 &I*

Severa"ility5 Survivorshi!5

&on0.aiver

Clause 1=

Clause 14


non0waiver5 severa"ility5 survivorshi! of terms

of contract$

1 &I* ConfidentialityClause 12

)CC does not contain any !rovision regardingconfidentiality of information$

17 &I*&on0Solicitation

Clause 2


non0solicitation of !ersonnel of the other !arty$


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RGPPL and Invensys

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