APPENDIX 265 



with the contractor carrying out the tests after the fourteen days' notice 

 to be given by him to the engineer, the payments to the contractor shall 

 be made as if final satisfactory "tests on completion" had taken place, 

 but notwithstanding any such payments, the contractor shall be liable to 

 make, and shall make, the said tests during the period provided for main- 

 tenance as and when required by the engineer upon fourteen days' 

 notice ; and the obligations and liabilities of the contractor shall be the 

 same as if the tests had been made on the expiry of his fourteen days' notice. 

 The provisions of this condition as to payment shall apply in the event 

 of such use, or any other act of the purchasers, or of the engineer, inter- 

 fering with the remedying, by the contractor, of any defects which may 

 have appeared in the works. 



44. Rejection of inefficient work. If the completed work or any portion 

 thereof fails to pass the specified "tests on completion," or be defective 

 in any way, the engineer may reject such work or portion thereof, and 

 the purchasers shall then have the option of 



fa) Permitting the contractor to replace the defective work, or 



(b) Themselves replacing the defective work by purchase from or con- 

 tract with any other party or parties, or, 



(c) Eeturning the defective work and recovering the sum or sums paid 

 or allowed on account of same. 



In the event of (a), the substituted works shall be in all respects deemed 

 to be subject to all the terms and conditions of the contract. 



In the event of (b), no further sum beyond that already paid to the 

 contractor in respect of the work in question shall be due or payable by 

 the purchasers to the contractor in respect of such defective work, but the 

 contractor shall repay to the purchasers any sum paid by them in respect 

 of such work ; and the contractor shall also pay to the purchasers any 

 loss or damage to which they may be put by reason of the purchase or 

 replacing of fresh work by them ; it being agreed that if the contractor 

 shall fail to execute works in strict accordance with the specification, it 

 shall be lawful for the purchasers, at their discretion, to obtain, without 

 additional cost to them, the work in question from any other party or 

 parties, or so to arrange for the execution of the works as they may 

 deem desirable, and that the contractor shall be liable for any loss 

 suffered, or expenditure beyond the contract prices incurred by the 

 purchasers in consequence of such failure. 



In the event of (c), if the defective work be required by the purchasers 

 for beneficial use, they shall be entitled to make use of the same for a 

 reasonable time sufficient to enable them to obtain other work to replace 

 it, the contractors being allowed a reasonable sum for the use of the same. 



45. Maintenance. Until the final certificate shall have been issued the 

 contractor shall be responsible for any defects that may develop under 

 normal and proper use arising from bad materials, design or workman- 

 ship in the works. When called upon, in writing, by the engineer to 

 remedy such defects, the contractor shall do so with due diligence, and 

 unless such defects be remedied by the contractor within a reasonable 

 time, the contractor shall be responsible for all losses and damages sus- 

 tained by the purchasers through such defects. If the defects be not 

 remedied within a reasonable time, the purchasers may proceed to do the 

 work at the contractor's risk and expense. 



