Legal text for SACC item
- 01 Interpretation
- 02 Contractor to Provide Plant, etc.
- 03 Quality and Workmanship
- 04 Inspector Final Judge of Work, Materials, etc.
- 05 Re-execution of Inferior Work
- 06 Removed Parts, etc., Remain Canada Property
- 07 Wharfage and Dockage Fees and Overhanging Charges
- 08 Where Vessel Remains in Commission
- 09 Where Vessel Out of Commission
- 10 Insurance
- 11 Public Ceremony
- 12 Security Deposit
1029 01 (2010-08-16) Interpretation
- In the Contract, unless the context otherwise
- "General Conditions"
- means the general conditions forming part of the Contract;
- means the inspection authority or any other person designated in the Contract to carry out the inspection duties;
- means the ship or vessel to be repaired, fitted, converted or otherwise dealt with by the Contractor under the Contract and includes the whole of its hull, engines, boilers, machinery, auxiliaries, stores, equipment, fittings and appurtenances.
- These supplemental general conditions must be read with the General Conditions, provided that, in the event of any inconsistencies between the provisions of the General Conditions and of these supplemental general conditions, the latter must prevail.
1029 02 (2010-08-16) Contractor to Provide Plant, etc.
Unless otherwise provided in the Contract, the Contractor must provide and make available, at its own expense, all labour, superintendence services, machinery, equipment, apparatus, tools, implements, materials, articles and things which may be requisite for the efficient carrying out and completion of the Work.
1029 03 (2010-08-16) Quality and Workmanship
All materials and parts used for the Work must be of the quality required by the Specifications and must be suitable for their particular purposes. They must be employed in the most substantial and workmanlike manner and only as approved by the Inspector.
1029 04 (2010-08-16) Inspector Final Judge of Work, Materials, etc.
- If any part of the Specifications provides for a
method of construction or for the supply and/or use of materials,
equipment or parts which are not specified with particularity, the
Contractor has the right of selection, provided that,
- the construction so performed and the materials, equipment and parts so supplied and/or used are in accordance with good marine building practice for the type and class of vessels covered by the Contract; and
- the Specifications and all other contract requirements are fully complied with.
- Subject to the foregoing, the Inspector will be the final judge of the quality, quantity and suitability of the workmanship, parts, materials, plant, machinery, apparatus, tools and equipment used in or for the purposes of the Work and as to the meaning or interpretation of the Specifications. Its decision with regard to the foregoing matters, or any of them, will be final and binding upon the Contractor.
- The Contractor must promptly and fully comply with all orders, directions or instructions at any time given by the Inspector with respect to the Work or the conduct or progress of the Work or with respect to the parts, materials, plant, apparatus, machinery, tools or equipment used in or for the purposes of the Work.
1029 05 (2010-08-16) Re-execution of Inferior Work
If, in the opinion of the Inspector, any part of the Work is not in accordance with the Contract, the Inspector may notify the Contractor to properly re-execute the same, which must be done by the Contractor at its own expense. If the Contractor fails to do so within such reasonable time as may be fixed by the said or any subsequent notice, then the Inspector may cause such work to be re-executed and replaced at the expense of the Contractor by any means which the Inspector considers advisable.
1029 06 (2010-08-16) Removed Parts, etc., Remain Canada Property
Any parts, equipment, materials or accessories of any vessel permanently removed in the carrying out of the Work, remain the property of Canada, and must be disposed of as Canada may direct.
1029 07 (2010-08-16) Wharfage and Dockage Fees and Charges
- Until the completion of the Work, the Contractor will be responsible for and must pay all charges, fees, expenses and disbursements of or incidental to the carrying out of the Work, including wharfage, towage, dockage, running lines, electric light and water for testing and refilling the tanks.
- In the event of any assessments, taxes or duties, or other levies and charges whatsoever, being unpaid after the Work has been formally accepted by Canada, and Canada has complied with all the provisions imposed upon it by the Contract, the Contractor must reimburse Canada within thirty (30) days thereafter for any such assessments, taxes, duties, levies or charges as may have been paid by Canada.
1029 08 (2010-08-16) Where Vessel Remains in Commission
If the Vessel is to remain in commission while the Work is being carried out, then
- the Work must be carried out on the Vessel at such place as the Vessel is from time to time berthed, provided that every endeavour must be made consistent with the necessity for speedy execution of the Work to have the Vessel berthed at such place as will facilitate the Work required to be performed by the Contractor;
- the Contractor will not be in charge of or responsible for the care and protection of the Vessel but will be liable for all loss or damage or personal injury (to persons other than those in the employ of the Contractor) resulting from any negligent or wrongful act or omission on the part of the Contractor, its officers, servants, agents or employees during the carrying out of the Work. If any such loss or damage should occur to the Vessel or to the Work, the Contractor must immediately, unless otherwise directed by the Contracting Authority or the Inspector and subject to such conditions as the Contracting Authority or the Inspector may impose, at its own expense, repair, restore and/or replace the Vessel and/or the Work so lost or destroyed;
- the Contractor must indemnify and save harmless Canada against and from all loss, damages, costs and expenses arising from or in any way connected with any and all claims for or in respect of such loss, damages or personal injuries occasioned as aforesaid.
1029 09 (2010-08-16) Where Vessel out of Commission
If the Vessel be out of commission while the Work is being carried out, then
- unless the prior approval of Canada has been obtained to ground the Vessel, it must be berthed where it will not touch the ground at either high or low water;
- the Contractor will be in charge of and be entirely responsible for the care and efficient protection of the Vessel from the time of delivery to the Contractor until redelivered to and accepted by the person or persons appointed by Canada to receive and accept the same;
- a copy of all lists of fixtures and spare gear will be furnished to the Contractor who must check the same in conjunction with the Inspector and thereafter acknowledge receipt of the items. Upon completion of the Work, if such items are accounted for to the satisfaction of the Inspector, Canada will give a clearance to the Contractor;
- the Contractor must provide the necessary warehouse or storage accommodation for and maintain in good conditions, lubricated, painted and protected from the weather, all equipment, fittings, articles or things temporarily removed from the Vessel during the Work or which may be supplied to the Contractor by Canada for stowing or fitting in place on board the Vessel prior to delivery to Canada. The Contractor must redeliver the same to Canada in as good condition as when so removed by or supplied to the Contractor. The Contractor must also provide safe storage accommodation for any part or parts of the Vessel permanently removed until the same are disposed of as provided in the Contract;
- the Contractor must take the usual and proper precautions to maintain in a proper state of preservation any machinery, equipment, fittings, stores or things left in the Vessel which might become damaged by exposure;
- if the Work necessitates the removal of stores and no secure place of stowage is available on board the Vessel, the Contractor must provide the necessary labour for removal and a secure place for storage. The Contractor must furnish receipts for such stores. The Contractor undertakes that such stores must be well and carefully stored and not mingled with property of a similar nature;
- the Contractor will be liable for all loss or damage of or to the Vessel or the Work and for personal injury (to persons other than those in the employ of the Contractor) resulting from any negligent or wrongful act or omission on the part of the Contractor, its officers, servants, agents or employees from the time of the taking over of the Vessel until delivery of the Vessel and final acceptance of the Work pursuant to the provisions of the Contract. If any such loss or damage should occur before such delivery and final acceptance, the Contractor must immediately (unless otherwise directed by the Contracting Authority or the Inspector and subject to such conditions as the Contracting Authority or the Inspector may impose), at its own expense, repair, restore and/or replace the Vessel and/or the Work so lost or damaged. Canada will not be in any manner responsible or liable for any loss or damage which may happen to the Vessel and/or the Work, or any part or parts of the Work before delivery, or for any injury including injuries resulting in death, to any person or persons, or for any other damages or injuries whatsoever, caused by or in connection with the Vessel, or caused by or resulting from or in any way arising out of the Work. The Contractor must indemnify and save harmless Canada against and from all loss, costs, damages and expenses arising from or in any way connected with any and all claims for or in respect of such loss, damages or injuries.
1029 10 (2010-08-16) Insurance
The Contractor warrants that it is carrying Shipbuilders' and/or Ship Repairers' Liability insurance in the amount stated in the Contract and agrees to maintain the said insurance in force during the carrying out of the Contract. The Contractor further agrees that, in the event of any loss or liability covered by the said insurance being suffered or incurred by or in relation to the Vessel or to the Work, the said insurance will be available for the benefit of Canada as Canada's interest may appear.
1029 11 (2010-08-16) Public Ceremony
The Contractor must not allow any public ceremony in connection with the Work without having previously obtained the written permission of Canada.
1029 12 (2010-08-16) Security Deposit
- The security (if any) referred to in the Contract will be held and retained by Canada as security for the due and complete performance, observance and fulfilment by the Contractor of all the conditions of the Contract. Unless and until the security is forfeited to Canada as provided in the Contract, Canada will remit any revenues and income (provided that Canada must in no event be obligated to invest moneys as interest or otherwise) to the Contractor. In the case of interest coupons, or dividend coupons payable to bearer, Canada will deliver the same to the Contractor as and when they mature. In the event of any default by the Contractor in fulfilment of any of the conditions of the Contract, the security must (without prejudice to any and all other rights and recourses accruing to Canada) be forfeited to and retained by Canada as liquidated damages and not as a penalty. If the Contractor has duly performed, observed and fulfilled all the conditions of the Contract, the security will be returned to the Contractor.
- Despite the foregoing, Canada may, at its discretion, authorize a return of the security to the Contractor at any time before the Contractor has fulfilled all its obligations under the Contract. In such event, the return of the security must not prejudice any rights or recourse accruing to Canada under the Contract.