Contract for boring
AN AGREEMENT made the.................. day of.................. Between [employer company] having its registered office at [address] (hereinafter called the company) of the one part and [contractors] of [address, etc.] (hereinafter called the contractors) of the other part.
WHEREBY IT IS AGREED as follows:
1. The contractors shall within [seven] days after the company shall have given them written notice that they may have possession enter upon the land situated at............. and delineated and coloured.............. on the plan hereto annexed which land has been inspected and staked out by and on behalf of the parties hereto and shall erect an unclimbable and opaque fence round the portion of the said land upon which the boring plant and core shed will be erected and shall provide and erect proper plant and a core shed thereon and commence and vigorously and continuously day and night (Sundays excepted) in a proper manner to the reasonable satisfaction of the company and its engineer prosecute thereon operations for boring through the superincumbent strata to or through any seams of mineral lying under the said land until the contractors shall have reached a depth of not less than........... metres from the surface or such less depth as the company may decide and shall if requested by the company continue such boring operations below the depth of.. metres unless they notify in writing to the company that they have reached the extreme practicable limit of working their appliances: PROVIDED ALWAYS that the company may at any time by notice in writing request the contractor; permanently to cease the boring operations but if at the date of the giving of the said notice the contractors shall not have bored to a depth of.................. metres the company shall pay to the contractors for a minimum of..................... metres of boring at the prices hereinafter specified: Provided also that the company may at any time suspend the boring operations and instruct the contractors to remove the plant to another site and bore thereon in which case the contractors shall be paid for the actual depth already bored at the rates hereinafter specified and in addition the cost (not exceeding in the whole Rs..............) of the removal of the said plant to and the re-erection of the same on the other site and the contractor shall commence and continue boring operations on the new site as if the same had been originally commenced thereon under this agreement.
2. The company shall pay to the contractors for the depth bored at the prices set out in the first schedule hereto. The said prices shall include management, labour, travelling expenses, fencing of land, carriage and provision and use of plant erection, repair, renewal and removal thereof, inserting lining-tubes, all stores and costs of erection of shed for cores and all matters properly incidental to the boring operations and are intended to represent the total cost to the company for each metres bored or any proportion of metres.
3. The consideration payable shall be discharged and satisfied in manner following, that is to say, the engineer to the company shall issue to the contractors on the first day of each month during the progress of the boring operations a certificate certifying the value according to the prices in the first schedule hereto of the work executed by the contractors during the previous month whereupon a sum equal to [eighty] per cent of the amount mentioned in the certificate shall at once become due and payable by the company to the contractors but no payment is to be considered due until the company?s engineer has certified that the borehole is sufficiently vertical within the meaning of clause 17 hereof for the length for which payment is claimed. The balance of [twenty] per cent of the amounts appearing in the certificates (hereinafter called the retention fund) shall be retained by the company until the retention fund shall amount to the sum of Rs.......... after which the contractors shall be paid in full the amount thereafter certified as aforesaid and on the completion of the works and the due performance by the contractors of all the terms of this agreement to the satisfaction of the company?s engineer and upon issue of his certificate that the works have been completed to his satisfaction the retention fund shall at once become payable by the company to the contractors.
4. The contractors shall provide lining-tubes of the best quality to the approval of the company?s engineer and shall as and when necessary for the proper completion of the boring to the satisfaction of the company?s engineer cause the borehole to be lined with the said lining-tubes. The lining-tubes shall be paid for by the company according to the prices specified in the second schedule hereto. All lining-tubes which come to the surface shall be withdrawn upon completion of the boring if the contractors are requested by the company to withdraw the same and any other lining-tubes shall if it is possible be also withdrawn by the contractors upon the request of the company. All tubes withdrawn shall be repurchased by the contractors at the prices paid by the company less [fifteen] per cent. The company shall also pay to the contractors a sum of Rs......... for or towards the costs of the contractors incurred in withdrawing the lining-tubes which come to the surface and a further sum equivalent to Rs.......... a week for the time occupied in withdrawing all other tubes which shall be withdrawn on the request of the company.
5. The system of boring shall be as approved as the company or some other similar system whereby whenever practicable cores of the strata passed through are extracted.
6. When required by the company the cores shall be kept for examination and stored either in the open or as directed by the engineer in a building where they will not be liable to injury by the weather or liable to be broken up or reduced in value.
7. The cores shall be open at all reasonable times to inspection by the company and its engineer and all persons authorised by them but not by any other person.
8. The borehole shall be of such size as to produce a core of at least [eighteen] inches in diameter at the surface or such greater size as may be deemed expedient by the contractors and a core of at least [four] inches in diameter at....... metre in depth or such less depth as shall satisfy the company and the diameter of the hole at........... metres shall not be less than [four] inches.
9. The contractors shall supply to the company or its engineer weekly reports together with accurate sections of the strata bored through and the plant and works shall at all time be open to the inspection of the company and its engineer and all persons authorised by them. The contractors shall keep secret the results proved by the borehole and no person unless authorised by the company shall be allowed to obtain any information with regard to it or access thereto. The contractors shall cease to employ any workman who may be proved to have given any information or allowed access to any such unauthorised person.
10. The contractors shall undertake during the whole of the boring operations to keep watch on the boring site to prevent trespassers obtaining access thereto.
11. The contractors shall not permit their workmen to enter or interfere in any way with game preserves on the adjoining lands or to trespass on any adjoining lands.
12. The boring operations shall be exercised and carried on so as to cause as little damage as possible to the adjoining land and the crops thereon and at the conclusion of the boring operations or the determination of this contract the contractors shall so far as practicable restore the land so entered upon to its present condition and render the same fit for agricultural purposes and make good all damage caused in connection with the exercise of such operations. All the water used by the contractors and all water from the borehole shall be taken and carried by the contractors into the drain [description of drain e.g. which bounds the.. side of the plantation called.............] and the contractors shall not ollute or return any water into any stream upon [the.............].
13. The contractor shall employ in constant charge of the boring a foreman accustomed to boring through coal or other mineral strata and experienced in discerning the passage of the boring rods from one stratum to another and accurately measuring the thickness of each stratum and correctly describing the same.
14. If the contractors shall not vigorously and continuously bore in the manner provided by this agreement the company may (without prejudice to any of its other rights under this agreement or otherwise) rescind this agreement by notice in writing addressed to the contractors and the retention fund shall thereupon become forfeited to the company.
15. The company shall provide an adequate supply of water for the boring operations contemplated by this agreement the amount required by the contractors not to exceed a maximum of.......... gallons per hour. The company shall also provide all fuel required by the contractors (except fuel required for the purpose of reboring under clause 17 hereof) such fuel to be delivered on the said land coloured... on the said plan as and when required by the contractors. The company shall also pay all rents rates and taxes payable in respect of the said land.
16. The contractors undertake to bore a sufficiently vertical hole and to test the same every fourteen days free of charge to the company and to the satisfaction of the company?s engineer so as to ascertain how far the same is vertical and if required by the company under the supervision of the company engineer and in the manner approved by him.
17. Should the hole prove to deviate from the vertical the contractors undertake at their own cost (including the cost of fuel) to correct the deviation or to go back to the commencement of the divergence and rebore the hole vertically. If the deviation from the vertical does not exceed a deviation which if continued would at the depth of................. metre amount to a total deviation of....................... metre then the borehole shall for the purposes of this agreement be deemed to be sufficiently vertical.
18. The company shall pay to the contractors for each day that the boring operations shall be temporarily suspended at the request of the company the amount of daily wages of all men (including the foreman) employed at the time when notice temporarily to suspend operations is received by the contractors but the total amount payable shall not exceed Rs.......... per week or a proportionate part thereof for any less period than a week.
19. On the completion of the boring operations the company shall be entitled to purchase the core shed to be erected pursuant to this agreement at the price of Rs...........
20. If any question or difference shall arise between the parties hereto or those claiming under them touching this agreement or the construction thereof or as to the rights, duties or obligations of either party hereunder or as to any other matter or thing in anywise arising out of or connected with the subject matter of this agreement then the same shall be referred to the arbitration of a person to be appointed by agreement between the parties hereto or failing agreement within fourteen days after notice by either party to the other to concur in the appointment of an arbitrator the matter in difference shall be referred to one arbitrator to be named at the request of either party by the President for the time being of the [Institution of Mining Engineers]. The arbitration shall be conducted in all respects in accordance with the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof for the time being in force.
AS [OR IN] WITNESS etc.
FIRST SCHEDULE
PRICES OF BORING
1st 100 metres boring at Rs........... per metre inclusive Rs. P.
2nd ?????????????
3rd ?????????????
etc. etc. etc.
SECOND SCHEDULE
[PRICE OF LINING TUBES]
[Signatures [and/or seals] of or on behalf of parties]
