Common use of Tests on Completion Clause in Contracts

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereof, the Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of AC Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day.

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereof, the Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day.