(a) The Employer, the Financing Parties and their representatives and technical advisers shall at all reasonable times:
(i) have full access to all parts of the Site and to all places from which natural Materials are being obtained; and
(ii) during production, manufacture and construction (at the Site and elsewhere), be entitled to examine, inspect, measure and test the materials and workmanship, and to check the progress of manufacture of Plant and production and manufacture of Materials.
(b) The Contractor shall give notice to the Employer whenever any work is ready and before it is covered up, put out of sight, or packaged for storage or transport. The Employer shall then either carry out the examination, inspection, measurement or testing without unreasonable delay, or promptly give notice to the Contractor that the Employer does not require to do so. If the Contractor fails to give the notice, he shall, if and when required by the Employer, uncover the work and thereafter reinstate and make good, all at the Contractor's cost.
6.2 Testing
(a) The Contractor shall provide all apparatus, assistance, documents and other information, electricity, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified and experienced staff, as are necessary to
efficiently carry out tests specified in the Specification. The Contractor shall agree, with the Employer, the time and place for the specified testing of any Plant, Materials and other parts of the Works.
(b) The Employer may, under Clause 12, vary the location or details of specified tests, or instruct the Contractor to carry out additional tests. If these varied or additional tests show that the tested Plant, Materials or workmanship is not in accordance with the Contract, the cost of carrying out this Variation shall be borne by the Contractor, notwithstanding other provisions of this Contract.
(c) The Employer shall give the Contractor not less than 24 hours' notice of the Employer's intention to attend the tests. If the Employer does not attend at the time and place agreed, the Contractor may proceed with the tests, unless otherwise instructed by the Employer, and the tests shall then be deemed to have been made in the Employer's presence.
(d) If the Contractor suffers delay and/or incurs Cost from complying with these instructions or as a result of a delay for which the Employer is responsible, the Contractor shall give notice to the Employer and shall be entitled subject to Clause 13.3 to:
(i) an extension of time for any such delay, if completion is or will be delayed, under Clause 8.7; and
(ii) payment of any such Cost, which shall be included in the Contract Price.
(e) The Contractor shall promptly forward to the Employer duly certified reports of the tests. When the specified tests have been passed, the Employer shall endorse the Contractor's test certificate, or issue a certificate to him, to that effect. If the Employer has not attended the tests, he shall be deemed to have accepted the readings as accurate.
6.3 Rejection
(a) If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the Contract, the Employer may reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the defect and ensure that the rejected item complies with this Contract.
(b) If the Employer requires this Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions. If the rejection and retesting cause the Employer to incur additional costs, the Contractor shall pay these costs to the Employer.
6.4 Remedial Work
(a) Notwithstanding any previous test or certification, the Employer may instruct the Contractor to:
(i) remove from the Site and replace any Plant or Materials which is not in accordance with this Contract;
(ii) remove and re-execute any other work which is not in accordance with this Contract; and
(iii) execute any work which is urgently required for the safety of the Works, whether because of an accident, unforeseeable event or otherwise.
(b) The Contractor shall comply with the instruction within a reasonable time, which shall be the time (if any) specified in the instruction, or immediately if urgency is specified under paragraph (iii) above.
(c) If the Contractor fails to comply with the instruction, the Employer shall be entitled to employ and pay other persons to carry out the work. Except to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall pay to the Employer all costs arising from this failure.
6.5 Ownership of Plant, Materials and other goods
(a) Title to all Materials and Plant provided or to be provided by the Contractor to the Employer as part of the Works shall vest in Employer upon the earliest of:
(i) the occurrence of any event by which, under Applicable Laws, title passes from the Contractor or the Subcontractor providing such Materials and Plant;
(ii) the date of payment therefore by the Contractor or the Employer, notwithstanding any amounts withheld by Employer in accordance with this Contract;
(iii) the date any of the Materials and Plant is delivered to the Site or to storage; and
(iv) the date of the termination of this Contract.
(b) Notwithstanding passage of title from the Contractor to the Employer, subject to the terms of this Contract, the Contractor will retain care, custody and control of all such Materials and Plant and bear the complete risk of loss, destruction or damage (including deterioration in quality) thereof (including any deductibles and uninsured losses, provided that the Employer will be responsible for the payment of the deductible under the construction all-risk policy if such loss occurs before Substantial Completion and results from, the gross negligence or wilful misconduct of the Employer).
(c) At least thirty (30) days prior to shipment (whether by ship, air, rail, truck or otherwise) of any Materials and Plant from a location outside of the Country (the Delivery Point) to the Site, the Contractor shall notify the Employer and any insurers (including marine cargo insurance providers) providing insurance for such Materials and Plant of the shipment date and the location of the Delivery Point together with such other details as the Employer and such insurers may reasonably request. The Contractor shall assist the Employer and any insurers with all necessary inspections required prior to any such shipment, and shall, promptly upon receipt by Contractor, provide the Employer with copies of any pre-shipping inspection reports. The Contractor shall not ship such Materials and Plant from the Delivery Point prior to the shipment date set forth in such notice without the prior written consent of the Employer. The Contractor shall (at its sole cost and expense) make such Materials and Plant available for inspection at the Delivery Point (including on the vessel for shipment for proper stowing and securing of the cargo) by the Employer.
6.6 Royalties
The Contractor shall pay all royalties, rents and other payments for:
(a) natural Materials obtained from outside the Site, and
(b) the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are specified in this Contract.