Jackson Mills HPP GENERAL CONDITIONS (PART 1)
City of Nashua Page 5 of 20
1.2.
1.3.
1.4.
1.5.
destruction of or affecting the Party’s premises or those of any of its suppliers or subcontractors;
changes in law, government policy or export license requirements; terrorism; biohazards and civil
commotion; imposition of UN sanctions; any event beyond the reasonable control of either Party; and,
in cases where one Party is dependent on the other to perform an obligation, any act or default of the
other Party that delays the dependent Party’s own performance;
The Contract Documents are complementary and what is required by any one part shall be as binding as
if required by all.
Should there be any conflict or inconsistency in the Contract Documents, the Supplier shall notify the
Purchaser and:
1.3.1. The order of priority and interpretation of documents, from highest to lowest, shall be:
e Change Orders
e Purchase Order
e Agreement (Part 0)
e General Conditions (Part 1)
Mavel’s Proposal (Part 2)
e Field Services Protocol (Part 3)
1.3.2. Drawings of larger scale construction detail plans shall govern over those of smaller scale_general
plans of the same date;
1.3.3. Dimensions shown on Drawings shall govern over dimensions scaled from Drawings; and
1.3.4. Documents prepared at a later date shall govern over earlier documents of the same type.
Reference to standard specifications, manuals or codes of any technical society, organization or
association, or to the code of any governmental authority shall mean the latest standard specification,
manual or code in effect on the date of the Agreement, except as may be otherwise specifically stated.
The apparent generality of the Specifications or the Drawings as to any detail, or the apparent omission
from them of a detailed description concerning any point, shall be regarded as meaning that only the
general practice is to prevail and that only Equipment, and workmanship of the sufficient quality are to
be used.
2. Supplemental Instructions
2.1.
2:2.
2:3.
During the progress of the Work, the Purchaser will furnish to the Supplier such supplemental
instructions necessary to carry out the design concept for the Work. In giving such supplemental
instructions, the Purchaser shall have authority to make minor changes in the Work, not inconsistent
with the intent of the Contract Documents, and the Work shall be executed in conformity therewith.
Supplemental instructions may be in the form of Specifications, drawings, models or written
instructions and shall not result in a change in the Contract Price or the Contract Time unless this results
in a material change in the scope of the Contract. In such case, the change will be determined according
to Articles 17 and 18. The Supplier may make small changes to the design of the Equipment; however
this must not influence the parameters and durability of the Equipment. Supplemental instructions are
not “Change in the Work.”
The Supplier shall work only from Specifications and Drawings approved for construction.
Mavel Americas, Inc.
