254 THE LAW AFFECTING ENGINEERS 



the purchasers or by the engineer ; all notices from the purchasers to 

 the contractor, and from the contractor to the purchasers, shall be served 

 respectively upon them personally, or by letter addressed to the places of 

 business respectively named in the contract, and any notice by letter 

 shall be deemed to have been duly served at the time when the letter 

 containing the same would be delivered in the ordinary course of post, 

 and in proving such service it shall be sufficient to prove that the notice 

 was properly addressed and posted. Provided always that if the con- 

 tractors or the purchasers respectively shall, after the contract shall 

 have been entered into, change his or their place of business and shall 

 notify such change to the other of them in writing, all future notices if 

 sent by letter shall after the receipt of such notification be addressed to 

 such new place of business. 



18. Patent rights. The contractor shall fully indemnify the purchasers 

 against any action, claim or demand, costs, or expenses arising from 

 or incurred by reason of any infringement or alleged infringement of 

 letters patent, trade mark or name, copyright or other protected rights, 

 in respect of any plant, fixing, working or arrangement used or fixed or 

 supplied by the contractor, but such indemnification shall not be opera- 

 tive in respect of any system or method of use that may be specifically 

 mentioned by the specification. All payments and royalties payable in 

 one sum or by instalments or otherwise shall be included by the con- 

 tractor in the prices named in his tender, and shall be paid by him to 

 those to whom they may be due or payable. 



In the event of any claim being made or action brought against the 

 purchasers in respect of any such matters as aforesaid, the contractor 

 shall be immediately notified thereof, and he shall, with the assistance, 

 if necessary, of the purchasers, but at his sole expense, conduct all 

 negotiations for the settlement of the same, or any litigation that may 

 arise therefrom. 



19. Manner of execution, quality of materials, etc. The plant is to be 

 manufactured, constructed, provided, erected in position, and maintained 

 in accordance with the contract, in the best and most substantial and 

 workmanlike manner, and, unless otherwise specified, with materials of 

 the best and most approved qualities for their respective uses. 



[NOTE. As to the meaning of " best" see Chap. VI., 34.] 



19A*. Omissions. The contractor at his own cost and charge is to 

 find, provide, and do everything of every kind and description, including 

 plant and temporary works, which in the opinion of the engineer is 

 necessary for the due and proper execution of the whole of the works 

 included in the contract and every part thereof, whether comprised in 

 the drawings, specification, bill of quantities, or other documents hereto 

 annexed or herein referred to or not, it being definitely and distinctly 

 understood that should anything be omitted, either in the drawings, 

 specifications, or schedules which is fitting, and is usually considered 

 necessary to be done for the completion of the work, the contractor shall 

 execute same as if it had been particularly specified or shown, and shall 

 supply whatever may be necessary to complete the whole work, without 

 any claim for payment for such omitted work. 



