Work Order

Project Name: Mahavir Date: 08-09-2023

Work Order No.: SCPL/MAHAVIR/WO/SLAB STRENGTHENING/00250/2023-24

To, Bill Address:

M/s Rudram Enterprises M/s. SADAY Constructions Pvt Ltd.
D 15, Surya Darshan, Arunodaya Nagar, 510-512, 5th Floor, A Wing,
Mulund East, Mumbai – 400081. Srikant Chambers, Next to R. K. Studios,
PAN: ABCFR2467H Sion Trombay Road, Chembur (E),
GSTIN: 27ABCFR2467H1Z2 Mumbai - 400 071
Contact Person: Mr. Abhijit Karpe Contact: Project Co-Ordinator
Contact Number: 9920320933 (+91 9820507348)
Email: [Link]@[Link] GSTIN: 27AAZCS4233K1ZN

Subject: Work order for Design, Supply & Installation of Slab Strengthening Work for Mahavir Project,
Ghatkopar.

Sr. no. Particulars Details

1 WO Issued By M/s. Saday Constructions Pvt Ltd

(Hereinafter referred to as “Contractor”)
2 WO Issued To M/s Rudram Enterprises
(Hereinafter referred to as (“Sub-Contractor”)
3 Site Address “Mahavir” located at Plot No. 53, CTS Nos. 3211 & 3213 of village, Hira
Chand Desai Road L.B.S Marg, Opp. to Sarvodaya Hospital, Ghatkopar
(w), Mumbai 400086.
4 Scope of Work Work order for Design, Supply & Installation of Slab Strengthening work
for Mahavir Project, Ghatkopar.
(Hereinafter referred to as “The Works”).
5 Contract Duration 01 Month from date of WO.
6 Contract Value Rs. 4,56,100/- (Excluding GST)
7 Mobilisation advance Rs. 3,42,075/- (Excluding GST)
8 Terms and conditions Refer Annexure – I
9 Detailed Schedule of Items Refer Annexure - II
(BOQ)

Yours Faithfully Accepted By

For M/s. Saday Constructions Pvt Ltd For M/s Rudram Enterprises

Name:
Designation:
Authorized Signatory
Date:
Name:
Designation:
Authorized Signatory
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 Date:

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 Annexure I - Terms and conditions

A. Special Conditions of Contract:

1. Scope of Work :

The scope of work as mutually agreed between the SCPL and Rudram Enterprises is as
below :
Scope of work covered in this contract shall be Design, Supply & Installation of Slab
Strengthening System at Tower C, Morya and shall be carried out in accordance with the
Bill of Quantities BOQ (which is attached with this WO as Annexure II - Schedule of Item),
as per technical specifications, as per the instructions of EIC, Architect / consultant and
following brief contract conditions.
For any Extra work/ items to be executed in addition to the scope defined in Annexure II,
such extra work shall be awarded (through Work Order Amendment) by the SCPL to the
Rudram Enterprises which shall be signed and accepted by both parties.
Works to include but will not be limited to the following:

• Mobilization Rudram Enterprises shall arrange for required plant,

equipment’s, machineries as required at site, to complete job in stipulated time
frame, tools, tackles, materials, transportation, manpower etc. Providing,
Erection and dismantling of Double legged scaffolding if required for the work
at any level shall be Rudram Enterprises sole responsibility.
• Construction of temporary works like Temporary water tanks, and temporary
site office of adequate size and temporary toilets for labourers and shifting or
removal of the same once the work is completed/ terminated. The SCPL shall
allow at his own discretion and convenience land for the construction of the
Rudram enterprise’s site office, godown, workshop and assembly yard near the
site. The Rudram Enterprises shall construct and maintain at his own cost, all
these temporary works which shall be well ventilated, lighted and provided
with water, electricity and sanitary arrangement to the approval of the EIC or
PM. If due to change of layout or other such exigency, such temporary
structures need to be shifted, this shall be promptly carried out at Rudram
enterprise’s cost. At the end of the contract, the Rudram Enterprises shall clear
the area given for the temporary structures and leave the site in a neat
condition to our satisfaction.
After Completion of Works/ Termination of Works, the Rudram Enterprises
shall have to demobilize and vacate the premises within the stipulated time as
instructed by SCPL’s representative (EIC) and all such temporary Structures
must be erected, maintained & removed at no extra cost to the SCPL. The site
shall be rendered clean of all debris, waste material etc.

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2. Prerequisites to Commencement of Works:
The Rudram Enterprises shall submit the following documents for confirmation from EIC
prior to commencement work at site within 7 (seven) days of receipt of this Work Order,
based on the final construction schedule provided by the SCPL:
a. A ‘Detailed Work Program’ and method statement indicating Weekly Activity
Schedules, over the entire duration of the contract highlighting relevant
activities related to Approvals (if any), Resources/Manpower/Equipment
Mobilization and execution of works. The Work Program shall specifically
address the progress of all activities separately.

b. List of required Resources/Equipment, Organization Structure, Manpower

Loaded Schedules/ Resource Plan for the entire duration of the project
highlighting the Rudram enterprise’s responsibilities.

c. Work Methodology, Method Statements, Sequencing, Technical Submittals,

Shop Drawings phasing of works to be carried out within the stipulated time
durations.

3. Contract Rate and Value

This Contract is an item rate Contract. The Rates at which the work is awarded are inclusive
of all the labor, tools, tackles, equipment, scaffolding, shifting and lifting charges of all
materials required to carry and complete the work except GST.
The estimated contract value of the above-mentioned works is Rs. 4,56,100.00 /- (Rupees
Four Lacks Fifty-Six Thousand and One Hundred Only)
The charges for CGST (currently @9%) and SGST (Currently @9%) (or any other
Government Charges) shall be payable to the Rudram Enterprises on the Invoice amount
as per law in force at the time of raising the TAX INVOICE.
The rates mentioned in the BOQ (schedule of Items) are understood to be confirmed and
valid till completion of scope of the entire Project & shall not be subjected to any variations
due to any reasons whatsoever except for items for which basic rates are agreed (If any).
Please note that the rate approved in the BOQ are based on GFC drawing issued to Rudram
Enterprises, if any variation/changes arising in the GFC drawing during construction then
mutually discussed and agreed rate variation shall be paid to the Rudram Enterprises.

4. Payment Terms
Mobilization Advance: 75% of Contract Vale (Excluding Tax)
An Amount of Rs. 3,42,075/- (Rupees Three Lacks Forty-Two Thousand and Seventy-Five
only) excluding taxes shall be paid as recoverable mobilization advance against tax
invoice. Recovery of mobilization advance paid shall commence from 2nd RA bill and shall
be affected on a prorate percentage basis to the invoice value, in such a way that full
advance is recovered by the time 80% of work done certification is done at site).

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 Rest Payment shall be release as per the RA Bill submitted.

All the RA bills shall only be produced upon the completion of the scope of work and all
payments to the Rudram Enterprises shall be made as per actual work done at site and
certified by the SCPL ’s representative (Project Manager PM /Engg. in Charge EIC) as per IS-
1200, no partial work completion shall be considered for the payment unless specified.
Payment to be made for the scope of work completed and shall be subject to the
satisfactory closing of NC’s related to quality & safety.

Withholding of Payment
The EIC may withhold the payment or nullify the whole or part of any payment certificate,
on account of defective work, bad workmanship & or not fulfilling the contractual
requirements to such extent as may be necessary to protect the owner/EIC from loss on
said account.

5. Billing Process

1. Following documents shall be attached/Information should be mentioned

along with the RA Bill/Tax Invoice submitted by the Rudram Enterprises.
i. Copy of Work Order, Measurement Sheets which are certified from
the Site in Charge/Project Manager/Quality in Charge.
ii. Copy of Purchase Order(s) and summary of the same for the purchase
of material with basic rates, if any
iii. GST, PAN, SAC, HSN with Category etc. should be mentioned on the
Invoice.
iv. Material Reconciliation Statement in case of Steel & Concrete & free
issue materials
The Rudram Enterprises shall submit his bill with all the details mentioned above for
the works completed till date of Invoice. The same will be certified by the site in charge
in 15 working days.

Payment for the same shall be made by the Rudram Enterprises within 30 working days
from the date of bill submission and acceptance by the SCPLs billing department.
TDS as applicable shall be deducted at source from each of the Rudram Enterprises bills
or as per tax rates applicable for the same.

On completion of works under the scope of this contract, virtual completion certificate
shall be issued to the Rudram Enterprises. No material advance on the material
procured will be entertained on any account. Final bill along with no dues and claims
certificate from the Rudram Enterprises to SCPL

Extra Items: If any extra items occur other than the scope of this work order, The rates
of Extra items will be derived by similar items in the contract BOQ, or in case similar
rates are not available then as below:
The actual cost of materials/consumables (if in the scope of Rudram Enterprises) +

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 tools plants and equipment charges+ labour + 15% overheads/profit + applicable taxes.
The Rudram Enterprises shall not carry out any extra works other than the scope of
work mentioned in the Contract without prior approval by the SCPL’s Project Manager/
EIC.

6. Contract Duration
The entire work under the scope of this contract shall have to be completed by the Rudram
Enterprises within (Entire Scope) 01 Calendar Months from the date of issue of this work
order. All internal work has to be completed within 04 months.
The rates & contract is valid for a period of 12 months from date of issue of Work order.
The Rudram Enterprises has agreed to complete the work assigned within the time period
mentioned below as per the phase wise, after having inspected/ Visited the site and its
condition. The Rudram Enterprises has also agreed and confirmed that they shall not
demand any extension in the aforesaid time period, whatsoever. The Rudram Enterprises
shall submit detailed construction program and method statement for the entire execution
of work in his scope considering the stipulated contract duration within 7 (Seven) days from
the issue of this work order and the same shall be approved by the SCPL / SCPL ’s
representative.

7. Rectification of damages (RM) and Liquidated Damages:

In the event of an error with respect to the Works or part thereof due to the failure of the
Rudram Enterprises in execution as per Approved GFC drawings and/or any other
specifications related thereto, then the Rudram Enterprises shall rectify such error within
15 days from knowledge thereof (including demolition and/ or reconstruction as maybe
required) at his sole costs and expenses. If the Rudram Enterprises fails to rectify the same
within the above-mentioned period, the SCPL shall get it rectified at his own cost and the
same shall be recovered against the retention money kept with the SCPL and any further
R. A. bills submitted by the Rudram Enterprises.
Liquidity Damage: Timely completion of awarded work is the essence of the contract being
executed hereof. In case of delay in completion of work due to reasons attributable to the
Rudram Enterprises, then the SCPL shall have the discretion to claim Liquidated Damages
at the rate of 0.5% of contract value per week of delay subject to a maximum of 5% of the
contract value.

8. Retention Money & Defect Liability period:

Retention Money:
An amount equivalent to 5% shall be deducted from each R.A Bill submitted by the Rudram
Enterprises towards retention money and shall be released after completion of DLP.
In the event of an error with respect to the works or part thereof due to the failure of the
Rudram Enterprises in execution as per Approved GFC drawings and/or any other
specifications related thereto, then the Rudram Enterprises shall rectify such error within
15 days from knowledge thereof (including demolition and/ or reconstruction as maybe
required) at his sole costs and expenses. If the Rudram Enterprises fails to rectify the same
within the above-mentioned period, the SCPL shall get it rectified at his own cost and the
same shall be recovered against the retention money kept with the SCPL and any further
R. A. bills submitted by the Rudram Enterprises.

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 Defect Liability Period:
The Defect Liability Period for the said work order shall be for 12 months from the date of
Issuance of Virtual Completion Certificate. In case, the works performed by the Rudram
Enterprises are not fit for the intended use and is/are showings defects due to the reasons
attributable to the Rudram Enterprises such as faulty workmanship, bad quality of materials,
then the Rudram Enterprises shall rectify the same at his own cost during the said Defect
Liability Period. If the Rudram Enterprises fails to rectify the same within 15 days from the date
of written intimation of the same to him, the SCPL shall have right to get it rectified at his own
cost and the same cost plus 20% Administrative & Charges shall be recovered from amount
payable to Rudram Enterprises for same/other works by the Rudram Enterprises.

B. General Terms & Conditions of Contract

1. Language and Law The law governing the Contract shall be the laws of the Republic of India
and the language of the Contract shall English.

2. Communications: All communications between parties shall be in writing.

3. Sub-Contractor/nominated Rudram Enterprises: The Rudram Enterprises shall inform the

SCPL / SCPL ’s representative in writing in case if there is a need to appoint any Sub-
Contractor for any of the works specified in Annexure A to be carried out and shall obtain
the confirmation from the SCPL prior to engaging the said sub-contractor. The SCPL shall not
be responsible for making any payment for works executed by the Sub-Contractor so
appointed by the Rudram Enterprises. All payments to the Sub-Contractor shall be paid
directly by the Rudram Enterprises.

4. Personnel: If the Project Manager asks the Rudram Enterprises to remove a person who is a
member of the Rudram enterprise’s staff or work force, stating the reasons, the Rudram
Enterprises shall ensure that the person leaves the Site within 72 hours and has no further
connection with the work in the Contract

5. Rudram enterprise’s Risks: From the Starting Date until the Defects Correction Certificate
has been issued, the risks of personal injury, death, and loss of or damage to property
(including, without limitation, the Works, Plant, Materials, and Equipment) which are not
SCPL’s risks are Rudram enterprise’s risks.

6. Safety: Rudram Enterprises shall comply with all applicable safety rules, regulations and
laws, and to take care for the safety of all persons entitled to be on the Site ,Rudram
Enterprises shall be solely responsible for observing and adhering to the applicable safety
rules and regulations as may be required of all existing structures at and around site, by
providing necessary safety gear/ equipment, required pathways, shoring, proper nets,
proper barricades, lightings(related to work), security within site for material safety, safety
harness, ladders/scaffolding for working at heights, deploying safety officers/In-charge at
site, etc., to avoid any accident during the contract period in and around the site under
reference. In the event of any accident, death or other mishap to any person, animal, flora,
fauna, or property due to non-compliance of the safety rules and norms, the Rudram
Enterprises shall be solely liable and responsible for any loss incurred and /or for any

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 penalty/punishment levied by the any statutory body in respect of non-compliance thereof.
(Only Horizontal safety net shall be provided by Rudram Enterprises)

Rudram Enterprises shall submit detailed safety plan for approval of project manager (EIC)
before commencement of work at site.

7. Storage of Material: It shall be the responsibility of the Rudram Enterprises to arrange for
the proper storage of the materials supplied to it with no extra cost to the SCPL. Also, the
SCPL shall not be responsible for any damage, loss, pilferage of the materials once handed
over to the Rudram Enterprises. SCPL may allow the Rudram Enterprises to establish the site
storage, if in view of SCPL’s EIC enough space is available on site. If enough space is not
available Rudram Enterprises shall arrange the space at his own. The Rudram Enterprises
shall be responsible for all Rudram Enterprises' Equipment. When brought on Equipment to
the Site, Rudram Enterprises Equipment shall be deemed to be exclusively intended for the
execution of the Works. The Rudram Enterprises shall not remove from the Site any major
items of Rudram enterprise’s Equipment without the consent of the Engineer. However,
consent shall not be required for vehicles transporting Goods or Rudram enterprise’s
Personnel office Staff.

8. Liability: The Rudram Enterprises shall be solely responsible for making all
payments/compensation/liabilities on any account whatsoever to be made to or relating to
their own employees/workmen/ labors/contract workers including any taxes or levies to be
paid to the statutory authorities.

9. Labour Compliances: Rudram Enterprises to do all necessary Labour Compliances under

Statutory Laws of India and obtain all necessary permission/registrations/licenses at its own
cost for and/or in respect of employing workmen/labors/contract workers and for executing
the aforesaid contract. The Rudram Enterprises shall also provide all related documents
mentioned herein as demanded by the SCPL.
a. Any cost related to confirming with the labour laws shall be borne by the Rudram
Enterprises and the Rudram Enterprises rates in the bills of quantities are
deemed to be inclusive of these costs.
b. The Rudram Enterprises shall bear full and final responsibility for the
engagement and employment of all labour and all matters related thereto and
shall be responsible for the compliance and adherence of all statutory
obligations according to Acts / Rules / By-law / Regulations of the Government
in force and that the SCPL will have no obligation to keep vigil on this issue. Any
disputes / controversies in this respect will have to be met by the Rudram
Enterprises at his own cost.

10. ESIC, Provident Fund: The Rudram Enterprises shall be solely responsible towards all
statutory permissions and liabilities in respect of ESIC, PF or other labour liabilities and for
any penalty/punishment levied by the any statutory body in respect of non-compliance of
and under any such applicable statutory labor laws. The Rudram Enterprises shall fully
comply with the statutory provisions of the Employees PF and Misc. Provision Act 1952 and
shall deposit SCPL’s contribution regularly within time limit prescribed for depositing these
amounts under the said act and shall submit the appropriate challans regularly to the
satisfaction of the SCPL. The Rudram Enterprises further agrees that the SCPL shall be
entitled to withhold the payment of the amount equivalent to provident fund liabilities along
with other statutory dues, in case the SCPL considers the same to be necessary and shall be
entitled to deposit the same directly under the code number of Rudram Enterprises. The
Rudram Enterprises shall not raise any objection whatsoever for this arrangement.

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11. TDS: TDS as applicable shall be deducted at source from each of The Rudram Enterprises
R.A. bills or as per statutory taxes applicable for the same

12. Quantity Variation: Quantities mentioned in the Bill of Quantity/Schedule of items are
approximate. All payments to the Rudram Enterprises shall be made as per actual work done
at site and certified by the SCPL ’s representative (Project Manager/Engineer In Charge).

13. Scope reduction: SCPL reserves the right to enhance or reduce the scope of the work to any
extent. No compensation on any account shall be payable. No Compensation whatsoever
shall be paid to the Rudram Enterprises for elimination/ reduction in the scope of work as
described in the bills of quantities / Schedule of items & in case of elimination of
activities/items rate reduction shall not be applicable.

14. Water & Electricity:

a. Electricity: SCPL shall provide single point power supply at podium level / ground
level of building on non-chargeable /free of cost basis, cost of further distribution
& others as per site requirement to be borne by Rudram Enterprises.

b. Water: Water required for the construction & drinking purpose shall be provided
by SCPL free of cost at one point at Ground floor level cost of further distribution
as per site requirement to be borne by Rudram Enterprises.

15. Labour accommodation: The Rudram Enterprises shall at his own expense create office
facilities for his staff, accommodation for labor, site facilities etc. The Space for the same
shall be provided within premises by SCPL (subjective to the availability of space at site),
however SCPL is not bound to provide any space within the site for labor accommodation.
Sanitary Conveniences, the Rudram Enterprises shall provide and erect all necessary sanitary
convenience for the Site staff and the Workmen, shall maintain the same in a clean orderly
and hygienic condition and clean and deodorize the ground after removal.

16. Confidentiality and Non-disclosure: At all times, during the tenure of the Work Order and
after expiry/termination thereof, the Rudram Enterprises covenants, undertakes and agrees
with the SCPL that the Rudram Enterprises shall keep confidential, the terms of this
agreement, the details, specifications, data, information provided by the SCPL in any
manner whatsoever, and shall not disclose any of the terms of this agreement to any third
party, without the prior written consent of the SCPL , except to the extent necessary to carry
out their respective obligations under the Work Order or to comply with applicable Laws.

17. Co-ordination with SCPL and other Agencies: The Rudram Enterprises shall co-ordinate with
the all the agencies during execution of this WO for use of space, water supply, power supply
and in respect of progress of the said Work and targets to be achieved in respect thereof.

18. Indemnity: The Rudram Enterprises shall be liable for, and shall indemnify the Company
against any liability, loss, claim or proceedings whatsoever arising under any statute or at
common law in respect of any damage to any property or in respect of personal injury to or
the death of any person whomsoever arising out of or in the course of or caused by the
carrying out of the works, unless it is due to any act or neglect of the Company or of any
person for whom the Company is responsible.

19. Site Security: The Rudram Enterprises shall always make his own security arrangements to
guard the Site construction work to maintain strict control on the movement of equipment,
material security and labour safety. The SCPL may provide a security arrangement in his own

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 interest. However, such security arrangement shall not be responsible for safeguarding the
other Rudram enterprise’s material equipment or access.

20. Site access: The SCPL’s Personnel shall at all reasonable times shall
(a) have full access to all parts of the site.
(b) during construction (at the Site and elsewhere), be entitled to examine, inspect,
measure and test the materials and workmanship.
The Rudram Enterprises shall give the SCPL’s Personnel full opportunity to carry out these
activities, including providing access, facilities, permissions and safety equipment. No such
activity shall relieve the Rudram Enterprises from any obligation or responsibility. The
Rudram Enterprises shall give notice to the Engineer whenever any work is ready and before
it is covered up, put out of sight, or packaged for storage or transport. The Engineer shall
then either carry out the Examination, inspection, measurement or testing without
unreasonable delay, or promptly give notice to the Rudram Enterprises that the Engineer
does not require to do so. If the Rudram Enterprises fails to give the notice, he shall, if and
when required by the Engineer, uncover the work and there after reinstating and make
good, all at the Rudram enterprise’s cost.

21. Material Testing- The Rudram Enterprises shall also submit the test report to the SCPL at its
own cost for every lot of material ordered and received as instructed by the Project
Manager/EIC at site. The Rudram Enterprises shall provide all apparatus, assistance,
documents and other information, equipment, fuel, consumables, instruments, labor,
materials, and suitably qualified and experienced staff, as and when necessary to carry out
the specified tests as discussed & agreed efficiently. The Rudram Enterprises shall agree,
with the EIC or QA & QC representative, the time and location for the Specified testing of
Works. If, as a result of an examination, inspection, measurement or testing, any Materials
or workmanship is found to be defective or otherwise not in accordance with the material
specification, test certificates submitted to SCPL or as per the project specific work
methodology, EIC or SCPL’s QA department may reject the Materials or workmanship by
giving notice to the Rudram Enterprises, with reasons. The Rudram Enterprises shall then
promptly make good the defect and ensure that the rejected item complies with the desired
quality. Notwithstanding any previous test or certification, the EIC or SCPLs QA department
may instruct the Rudram Enterprises to: (a) remove from the Site and replace any Materials
which is not in accordance with the material specification, test certificates submitted to SCPL
or as per the project specific work methodology(b) remove and re-execute any other work
at his own cost which is not in accordance with the project specific work methodology.

22. Workmanship The quality of workmanship produced by skilled, knowledgeable and

experienced workmen, mechanics and artisans shall be ensured by the Rudram Enterprises.
The SCPL will assess the skill level of workmen deployed by the Rudram Enterprises to attain
the productivity and quality of the final product. If skill levels of key trades are not as per
requirement, the decision of the SCPL with regard to the quality and adequacy of
workmanship shall be final and binding.

23. Tolerance the Rudram Enterprises shall exercise every care to ensure that all Work are true
to dimensions called for on the Drawings and specifications, for the purposes of structural
requirements as well as finishes, equipment and similar items. The details of the finishing
items are based upon allowing tolerances as per the requirements laid down in the Contract
Document / Indian Standards / Best trade practices and the limits of tolerances shall be in
strict conformity with such Documents and Standards. Any variations beyond such limits
shall require rectification, remedying or replacing in accordance with the directions and to
the approval of the SCPL. All such rectifications or remaking or replacing of Work
shall be carried out by the Rudram Enterprises at his own cost and expense and shall be
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 responsible for all delays in this regard. All such costs and expenses shall be recovered from
the Rudram Enterprises and be deducted by the SCPL from any money that may be payable
or that may become payable to the Rudram Enterprises.

24. POLICY: Rudram Enterprises is responsible for obtaining Workmen Compensation

Insurance Policy in respect of the Labourers/Workmen employed on the site. The Rudram
Enterprises accepted price shall be deemed to have included the full compensations for all
his workmen, Rudram Enterprises, consultants or any other agencies the Rudram Enterprises
may engage to execute the Work. The SCPL shall be deemed to have been indemnified
against any claim for wages, salaries, compensations or reimbursements of all nature
whether for personal ailment, injuries or death. The Rudram Enterprises shall be solely
responsible for and shall pay compensation to his workmen payable under the Workmen
Compensation Act 1923 (VIII of 1923), (hereinafter called the said Act”) for injuries caused
to the workmen.

25. Termination of Work Order:

The SCPL reserves the Right to Terminate the Contract with a prior written intimation/ Notice
of 30 days (notice period) to the Rudram Enterprises in view of the following:
a) Even after regular intimation in writing and the notice period, if the Rudram
Enterprises persistently fails to perform the Work in accordance with the
Contract Documents including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment, quality of works and finished
product as informed time to time.
b) If Rudram Enterprises disregards or fails to abide by the applicable Laws and
Regulations

On the expiry of the notice period, a written intimation of termination of the WO shall be
issued by the SCPL to the Rudram Enterprises. On receipt of the said intimation, the Rudram
Enterprises shall issue a “No Claim Certificate” to the SCPL stating that there are no
outstanding dues with respect to the said Works as on the date of termination and all
documents, plans issued by the SCPL to the Rudram Enterprises shall be returned to the SCPL
along with the said “No Claim Certificate”.
As a consequence of this WO being terminated, the Rudram Enterprises shall clear the site
within 15 days of such written intimation, failing which the SCPL shall not be responsible for
any damage, loss of person, material, and machinery of the Rudram Enterprises lying /
remaining on site.
In the event of termination by either party pursuant to the clause above, The Rudram
Enterprises shall be entitled to payment in full for fees and expenses incurred in connection
with the services provided prior to the effective date of termination after deducting the
applicable Liquidated damages (if any) and the Retention money (in accordance with the
said Clause viz., ‘Retention Money & Defect Liability Period’ above).
Post termination, in case, the works performed by the Rudram Enterprises are defective due
to the reasons attributable to the Rudram Enterprises such as faulty workmanship, bad
quality of materials, then the Rudram Enterprises shall rectify the same at his own cost. If
the Rudram Enterprises fails to rectify the same within 15 days from the date of written
intimation of the same to the Rudram Enterprises, the SCPL shall get it rectified at his own
cost and the same shall be recovered against the retention amount kept with the SCPL. The
SCPL shall be entitled to claim compensation if the rectification works cost is higher than the
retention withheld. The SCPL shall be free to appoint a new Rudram Enterprises for further

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 work to be completed on the project without any interference/ interruption/ objection from
the existing Rudram Enterprises.

26. Arbitration
Any dispute or differences between the Rudram Enterprises and SCPL, as to the terms of this
Work Order, if not resolved mutually as aforesaid shall be decided through arbitration. Such
arbitration proceedings shall be governed by the provisions of the Indian Arbitration Act, in
force for the time being, by the panel of arbitrators. The Rudram Enterprises and the SCPL
will appoint the Arbitrator each and the third Arbitrator shall be jointly selected by these
two Arbitrators selected by the company and the jurisdiction of such arbitration shall be
Mumbai.

27. Force Majeure

The Rudram Enterprises is not liable for failure to perform his obligations under this Work
Order if such failure is as a result of occurrence of Force Majeure events such as (including
but not limited to) Acts of God (including fire, flood, earthquake, storm, hurricane or other
natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether
war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, delays in Government sanctions/
approvals/ permissions, blockage, embargo, labor dispute, strike, lockout or interruption
or non-availability of electricity/ other provisions. No party is entitled to terminate this
Agreement under Clause XIII.1 above on occurrence of Force Majeure events.

If either of the party to this agreement asserts Force Majeure as an excuse for failure to
perform their obligation, then the non-performing party must prove that the said party has
taken reasonable steps to minimize delay or damages caused by foreseeable events, that
they substantially fulfilled all non-excused obligations, and that the other party was timely
notified of the likelihood or actual occurrence of an event described in Clause XIII.1 above.

28. Demobilization at Site

Due to occurrence of a ‘Force Majeure’ event if the site is rendered unfit for carrying on
the Work for a period (Demobilization period) of more than 15 days, then the SCPL shall
issue a Demobilization Notice to the Rudram Enterprises within 7 days of such ‘Force
Majeure’ event. On receipt of the Demobilization Notice, the Rudram Enterprises shall
clear the site immediately, failing which the SCPL shall not be responsible for any damage,
loss of person, material, and machinery of the Rudram Enterprises lying / remaining on
site. Further, the SCPL shall not be liable to pay the Rudram Enterprises for any claims on
account of idle work/ any other activity, works carried out by the Rudram Enterprises on
the site during such Demobilization period. The Rudram Enterprises shall resume work on
site only after receipt of intimation from the SCPL to restart work on site.

29. Idling Charges

During the entire duration (including extended period) of Work/ Contract, if there occurs
stoppage of work due to non-receipt or delay in receipt of required
permissions/approvals/clearances, by the SCPL, from various Government
Departments/Authorities at the Centre or State or Local level then in such delays the SCPL
will not reimburse any claim to the Rudram Enterprises/Bidder towards the rent/charge
for the idle machinery, equipment, tower cranes, tools & tackles, props, form works,

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 materials, manpower(inclusive of temporary and permanent staff/employees), vehicles,
office charges, other miscellaneous expenses/rent, loss in profit, for a maximum period of
sixty(60) days during the entire duration of the Contract. For the period beyond Sixty (60)
days the SCPL and Rudram Enterprises/Bidder will mutually discuss and finalize the formula
or the method to calculate the reimbursement of idle charges. The formula will be
discussed and finalized within Sixty (60) days from actual commencement of work
execution.

30. Scope and Operation of the Tender Document:

Subject to what is stated in this Work Order, all other terms, specifications, conditions and
covenants stated in the Tender Document shall remain valid, binding and enforceable by
and between the parties herein throughout the term of this Work Order. In case of
contradiction between the terms, specifications, conditions and covenants stated in the
Tender Document and this Work Order below Superseding Sequence to follow.
In case of conflict of meaning of any particular/ specific condition for an item rate
contracts, the general contract conditions shall be superseded by the special contract
conditions, Additionally, in case of lumpsum contracts, the drawings shall supersede the
special contract conditions.

Should you desire any other information / clarifications, please feel free to contact following
contact person Overall In charge of the project.
Mr. Deepak Salve - +91 9594815480 / Mr. Arun Surve- +91 8108110562
For Quality related – Mr. Ninad Khot - +91 9920440192
We request you to return the duplicate copy of this Work Order as a token of your acceptance
of the terms and conditions mentioned above.

Yours Faithfully Accepted By

M/s Saday Constructions Pvt Ltd M/s Rudram Enterprises

Name:
Designation:
Authorized Signatory
Date: Name:
Designation:
Authorized Signatory
Date:

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