Terms & Conditions Policy
Scope of Work.
Client has to provide about what to perform the Work or cause the Work to be provided or performed, in accordance with the terms as per mutual understanding & requirement. Without limiting the foregoing, the Work shall include conducting, performing, providing or procuring when and as necessary to permit progress of the Work to proceed in accordance with the Project Schedule:
1. All design and engineering activities and services necessary to conduct the Work and complete the Facility in accordance with client’s demand.
2. All design and engineering activities and services necessary to obtain all required permits for the execution and operation of the Industrial or Commercial Sectors.
3. All execution activities and services necessary to conduct the Work and complete the Facility in accordance with Work/Purchase Order (including Site preparation, excavation and grading and proper disposal of all excavated materials if and as required in connection with performance of the Work)
4. All materials necessary to conduct the Work and complete the Facility in accordance with this Work/Purchase Order (including all necessary transport thereof);
5. All work forces necessary to conduct the Work and complete the Facility in accordance with this Work/Purchase Order (including all skilled and unskilled labor, supervisory, quality assurance and support service personnel);
6. All documents required of project in the proper start-up, operation and maintenance of the Facility, including, without limitation, the Equipment Instruction Manual and all as-built drawings and as-built wiring diagrams
7. All training of Operator adequate to allow Operator to assume responsibility for dispatch and control of the Facility.
8. All other activities, services and items, whether or not specifically described above, in Schedule elsewhere in this Work/Purchase Order, if such performance, provision or procurement is necessary for a complete and operable Facility;
9. All design, engineering, materials, work forces needed to perform the Execution, Testing & Commissioning of complete project.
10. All activity necessary to enable annual maintenance services for 1 year after handover the project
To meet Deadline & Participation for Project Execution:
1. Engineering, Procurement and Construction of the Facility; Performance of the Work. The overall oversight and coordination of execution till handover of the Facility in accordance with: (a) to provide exact specifications; (b) the meet technical deadlines for the Facility; (c) the terms of this Work/Purchase Order; (d) the Execution Control Plan, the Health & Health & Safety Plan; and (e) all applicable Laws. Providing labor and materials to the Project to design, engineer and procure the equipment and materials for and complete the Facility and act as the interface between the Client and such persons all in accordance with applicable Law and Good Utility Practice.
2. Retention of Vendors, Team Members & Management: Shree Manglam Powertech Pvt. Ltd have objections or concerns they have regarding such proposed good vendors, which objections and concerns shall be duly considered by Nature of Project provided, however, that the final decision and responsibility as to whether to contract with our management decisions.
• Project Engineer. SMPPL has many engineer for the Project (“Engineer”) or perform the duties of the Engineer. Engineer shall be retained under a separate Execution Panel. An Execution Panel shall include, among other terms and conditions: (a) the requirement that Engineer dedicate a competent team of professionals to perform the services and keep that team available to the Project for the duration of Contract (which shall not end prior to the Commercial Operation Date); and (b) commercially reasonable levels of professional liability insurance protecting against errors and omissions of Engineer and Engineer’s employees. Engineer shall have the primary design responsibilities with respect to the Project. Engineer’s role and responsibilities shall be more particularly set forth in Execution Panel.
• Project Manager/Planning/Execution. SMPPL has many project manager/planning/Execution for the Project or perform the duties of the PM/EM. . At a minimum, the PM/EM’s shall obligate the PM/EM to (a) create and update the Project Schedule, subject to approval; (b) monitor and oversee the performance of all deputed Team members to keep the Project moving towards completion in accordance with the Project Schedule; (c) review and recommend whether to pay of all invoices submitted by Project suppliers and Subcontractors and review the work related thereto, to confirm that the work for which payment is requested has been performed; (d) inspect the Work as completed to confirm that it was constructed in accordance with the Specifications and performed to the required standard of care; (e) comply with the Health & Safety Plan; and inform Management regarding the progress and quality of the Work, as necessary to enable them to perform their respective functions under this Work/Purchase Order. PM/EM shall further have the role and responsibilities with respect to the Project, as are more particularly set forth in the Contract. The PM/EM’s shall make a portion of PM/EM’s compensation subject to achieving certain Project goals, including timely completion of the Work and completion of the Work within the Project budget. The PM/EM’s shall further obligate the PM/EM to carry commercially reasonable amounts of professional liability insurance.
• Major Equipment Suppliers. According to assistance of Purchase Manager, will select the persons to supply the major equipment systems for the Project. (collectively, the “Major Equipment Suppliers”). PM/EM, after consultation with management, will select the Major Equipment Suppliers through a process that evaluates, among other things, the cost, performance specifications, environmental impact, performance history, and demonstrated performance of their installed equipment. Purchase Manager will negotiate commercially reasonable forms of contracts with the Major Equipment Suppliers, which forms shall include commercially reasonable terms and conditions, including warranties, performance guarantees and liquidated damages.
• Team Management. SMPPL has retained the major team deployment and their management (“Prime Sub coordinators”) for the Project. Along with the assistance of PM/EM, will select the Prime Team by an evaluation process that evaluates potential candidates based upon relevant criteria, including experience, reputation, and demonstrated success in relevant construction projects. The mutual understanding between management and the team members.
• Quality Control/Quality Assurance. SMPPL has retained a qualified strength to be responsible for quality control and quality assurance of the completed Work (the “QA/QC Engineer”), subject to the approval. The QA/QC Engineer shall be responsible, among other things, for developing procedures for testing materials, the oversight of materials testing, inspecting field assembled equipment, verifying QA/QC of materials used in the manufacture of major equipment and verifying that all equipment and materials delivered to the Site meet the specifications of Engineer. The QA/QC Engineer shall report to PM/EM, or more frequently as needed. The role and specific responsibilities of QA/QC Engineer with respect to the Project shall be more particularly set forth in the Work/Purchase Order.
• Safety Engineer. SMPPL has retained a qualified person to serve as the safety engineer for the Project subject to the approval. The Safety Director shall be responsible to observe and enforce safe practices at the Site and related support facilities and shall report to PM/EM. The role and responsibilities of the Safety Engineer shall be more particularly set forth in the Work/Purchase.
• Inspections & Defective Work. SMPPL communicate regularly with PM/EM regarding inspection of completed portions of the Work for conformity with the Specifications and for freedom from defects. PM/EM on such inspections as necessary under the circumstances. In the event that PM/EM notifies Contractor of defective work that: (a) has the potential to have a material impact on the Cost of the Work or the Project Schedule; or(b) indicates a systematic problem (i.e., a persistent, widespread and/or material problem for the Project) with any piece of equipment, any portion of the Work, or the performance.
• Facility Start Up and Acceptance Testing. Responsible for coordinating all tasks and responsibilities associated with Acceptance Testing and Facility Start Up.
1. Testing Methodology. The testing methodology for Acceptance Testing is set forth scheduled and done as per accordance with it
2. Acceptance Standards; Consequences of Under-Performance. The Acceptance Tests for the Work and the consequences for the Work falling short of the Acceptance Test Capacity Guarantee standards, TDS, GTP etc.
Payment Terms for Work
3. Payment Milestones; Payment Schedule.
3.1 Progress Report and Invoice.
3.1.1 A description of the Work performed during the Payment Period and all Payment Milestones achieved; (2) A description of the Work not yet performed, if any, necessary to meet the Project Schedule for such Payment Period; (3) A description of the Work and the related Payment Milestones anticipated to be performed or achieved during the next month. Payment terms is 20-30% advance of the total contract value and balance as per RA Bill. In accordance with and depends on client’s nature of working & mutual understanding.
Commencement & Performance of Work
4.1 Commencement; Schedule. Commence performance of the Work at the earliest reasonable time (the “Commencement & Handover Date”) but no later than deadlines & completion of the final foundation drawings for the Project; availability of suitable weather conditions for the commencement of project under this Work/Purchase Order.
4.2 Punch/Snag List. A list of the uncompleted items for the Project shall be established by Clients prior to Completion (the “Punch/Snag List”). The Punch/Snag List may be amended from time to time, upon written Work/Purchase Order of the Parties, prior to Final Completion. The Punch/Snag List shall include all deliverables through Final Completion.
4.3 Final Completion. “Final Completion” occurs after satisfactorily handover the Operation has occurred and any remaining Punch/Snag List items have been finished. We will notify to the Client when it considers that Final Completion has occurred with complete documentations.