THE COLLIERY GUARDIAN.

709

April 4, 1913.

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upon “ open ” tendering, this condition would certainly
be extended to Admiralty depots abroad, for already
quite a number of firms have restricted merchants from
the supply to certain places abroad, and to certain
foreign purchasers. So far as regards the public interest
the view upon Cardiff Exchange was that the colliery
companies can more easily meet Admiralty requirements
in times of manoeuvres and emergency than any
middlemen could possibly do; and that as to the
probability of securing lower prices, any change, such as
that indicated, would mean that merchants’ profits
would have to be added to the colliery owners’ profit.

______

To the Merthyr Guardians, on Saturday, there was
presented the report of a special meeting which had
been held concerning the assessment of collieries in
South Wales. This meeting took place last week at
Neath, and was attended by representatives of Boards
of Guardians in all the mining districts of South Wales.
The question discussed was the advisability of altering
the basis of assessment. One resolution arrived at was
that all the committees throughout South Wales and
Monmouthshire should be asked to apply the imperial
ton instead of the “ long ” ton in order to arrive at
colliery assessments, and that the coalowners be asked
to meet representatives of these committees in order to
ascertain whether terms could be agreed on for basis of
assessments generally, each union to send one repre-
sentative to the conference with the coalowners.
Further, all Poor Law Unions should, it was resolved,
be asked to petition Parliament in favour of an
amendment of the law whereby full power should be
granted to assessment authorities for obtaining infor-
mation and production of documents from appellant
ratepayers.	___________________________

MODEL SPECIFICATIONS AND CONDITIONS OF
CONTRACT FOR THE PURCHASE OF COAL.

We have been favoured by Mr. Harold Smith, hon-
secretary of a committee representing some of the
principal London firms of coal contractors, with a copy
of a model specification and conditions of contract for
the purchase of coal for electricity works, which has
been agreed upon by that body in conjunction with a
committee of the Associated Municipal Electrical
Engineers of Greater London. The agreement comprises
a model form of tender, general conditions, specification
and a table of standards to be applied in connection with
guaranteed coals.

Advertisement for Tenders*

The following is the proposed model form of advertise-
ment for tenders:—

(Name of Council.)
ELECTRICITY DEPARTMENT.

______

TENDERS FOR SUPPLY OF COAL.
______

The Council of.................are prepared to receive
Tenders for the supply and delivery of........Tons of Coal
suitable for burning with........Stokers at their Electricity

Works situate at.............................between
the........day of..........................191....and
the........day of.......................191.... The
classes of Coal found most suitable are (here give general
description).

Duplicate forms of General Conditions, Specification,
and form of Tender may be had on application to the
.................................and on deposit of jBI,
which sum will be returned on receipt of a bona-fide Tender
or on the return of the Specification, &c., with a bona-fide
reason for not tendering.

Tender (Local conditions as to delivery of Tender time,
date, c^c., to be entered here).............................

In the case of all workmen to be employed by the
Contractor, the Contractor will be required to pay wages
not less and to observe hours of labour not more than those
agreed between the Masters’ Association and the Trade
Unions, and in practice obtaining in the Districts where the
work is to be executed.

The Council do not bind themselves to accept the lowest
or any Tender.

...........................

Town Clerk,

Town Hall,
.....................Street.

Date.....................

General Conditions.

The general conditions are 23 in number, and many
of them vary but little for existing practice. Some of
the more important are quoted below :—

Agreement and Bond.—5. The Tenderer shall upon the
acceptance of his Tender immediately enter into an Agree-
ment to be prepared by the Town Clerk for the proper
fulfilment of the Contract and provide the names of two
sureties (to be approved by the Purchasers) who shall

execute a joint and several Bond in the sum of 10 per cent,
of the value of the Contract for the due and faithful
performance of the Contract, as defined by the Tender and
these General Conditions and Specification. No person
employed by the Contractor or interested in the business of
the Contractor, as partner, is to be put forward or will be
accepted by the Purchasers as a Surety.

Quantity.—8. The quantity of Coal to be delivered shall
be........Tons, but the Purchasers shall have the option
of purchasing 5 per cent, in excess of or 5 per cent, less than
such quantity within the period of the Contract, such option
to be declared before the expiration of three-quarters of the
period of the Contract.

Rate of Delivery.—9. The coal shall be delivered in
weekly

regular monthly quantities as follows:—
quarterly

...........................................................

(Here set out complete table of deliveries required for the
period)....................................................
but the Purchasers shall have the option of taking 10 per

weekly
cent, in excess of or 10 per cent, less than such monthly
quarterly
week

quantity in any month provided that the total quantity so
quarter

taken is within the limits described in Clause 8. In the
event of the Purchasers being unable to take delivery of the
Coal contracted for within any of the periods provided in the
Contract owing to breakdown of the Purchaser’s machinery,
or for any other cause whatsoever beyond their control,
the quantity so affected shall be deducted from the quantity
described in Clause 9.

Weights.—11. The Purchasers shall pay for the “ out turn ”
weight of Coal delivered as measured .on the Council’s
weighing apparatus excepting in so far as that these weights
may be affected by the conditions of the guarantee. In
contracts where delivery is made in truck, and the
Purchasers cart the contents to works, the colliery weight
to be accepted unless the Purchasers have the trucks
re-weighed, full and empty, at receiving station. The
Contractor or his authorised representative shall be given
access at all reasonable times and at all times when
weighing is in progress for the purpose of inspecting or
testing the weighing apparatus. When so required by the
Engineer, the Contractor shall produce for his inspection
the colliery advice notes and the railway company’s tipping
notes in the- case of rail-borne coal, and the colliery
certificate and meters certificate in the case of sea-borne
coal.

Terms of Payment and Certificate of Engineer. (Local
modifications where necessary.)—12. The written certificate
of the Engineer that the Contractor is entitled to money
under this Contract shall be a condition precedent to the
Contractor’s right to claim any money from the Purchasers
on account of coal supplied under the Contract, or for any
matter or thing arising out of or in any way connected with
the Contract, and the Contractor shall not be entitled to
any payment whatsoever except the amounts certified to
be due to him upon the certificate of the Engineer. The
Contractor shall render in duplicate upon his own and upon
the Purchasers’ form a correct account of what is due to
him within seven days of the end of the month following the
month in which delivery has been made, and the Purchasers
shall pay the Contractor upon the certificate of the
Engineer within one month of the date upon which the
correct account has been delivered to the Purchasers. The
Engineer may by any certificate make any correction or
modification in any previous certificate which shall have
been issued by him, and payments shall be regulated and
adjusted accordingly.

Deductions from Contract Price.—14. All costs, damages or
expenses which the Purchasers may have paid, or be liable
to pay, or which shall have become forfeited to the Pur-
chasers, as provided by these Conditions and by the
Specification, shall be paid by the Contractor to the
Purchasers on the certificate of the Engineer, or if not paid
may be deducted from any moneys in their hands due or
becoming due to the Contractor under the Contract or
recovered by action at law or otherwise from the Contractor.

Demurrage.—16. In the case of Coal sold in truck the
Purchasers shall be allowed three clear working days from
the date of arrival of trucks at the Railway Station or
Sidings, such date to be determined by Railway Companies’
arrival note, after which demurrage shall be paid to the
Contractors at the rate of 6d. per wagon per day. In the
case of sea-borne Coal four clear days at or off Wharf shall
be allowed, after which demurrage shall be paid by the
Purchasers to the Contractors at the rate of Id. per ton per
day. No demurrage shall be paid to the Contractor in the
event of his failing to effect delivery in accordance with the
Contract, or in the event of unavoidable breakdown of the
Purchaser’s coal-handling plant.

Negligence.—18. If the Contractor shall fail to deliver the
Coal with due diligence and expedition in accordance with
the Specification, or shall fail to execute any other matter
stipulated in the provisions of the Contract, the Purchasers
shall after forty-eight hours’ notice to the Contractor in
writing be at liberty to employ other Contractors and forth-
with obtain such Coal as the Contractor may have failed to

deliver or, if the Purchasers shall think fit, it shall be
lawful for them, after seven days’ notice in writing, to take
the Contract wholly, or in part, out of the Contractors’
hands and re-contract with any other person or persons, or
provide any other Coal, provided that such Coal shall not
be of a superior quality to the specified. If the cost of
obtaining other Coal exceed the cost which would have been
incurred by the Purchasers under this Contract, the-
difference in cost shall be paid to the Purchasers by the
Contractor. The Contractor shall or shall not make good
any deliveries in arrear,’due to his default at the option of
the Purchasers.

Engineer's Decision.—20. In respect of all matters which
are left to the decision or certificate of the Engineer, the
Engineer shall, if required so to do by the Contractor, give
in writing a decision thereon and his reasons for such
decision, or if he shall withhold any certificate, then his
reasons for so doing. Any Coal which under this Contract
shall have been rejected by the Engineer shall be removed
forthwith by the Contractor at his own expense, or failing
such removal, shall be removed by the Purchaser at the
Contractor’s expense. All decisions of the Engineer shall be-
subject to the provisions of Clause 23.

Strikes, Lock-outs, Acts of God.—22. In the event of a
strike or lock-out of the workmen at the Collieries or else-
where, or in the event of any circumstances whatsoever
over which the Contractor shall have no control, preventing
delivery, the Contractor shall not be required to deliver the
description of Coal herein contracted for during such strike,
lock-out or obstruction, and the quantity which would
otherwise have been delivered shall be cancelled, but the
Contractor shall, if required by the Purchasers, supply
other coal approved by the Engineer at a price to be agreed
upon.

Arbitration.—23. If at any time any question, dispute or
difference shall arise ^between the Purchasers or their
Engineer and the Contractor upon or in relation to, or in.
connection with the Contract, either party may forthwith
give the other notice in writing of the existence of such
question, dispute or difference, and such question, dispute
or difference shall be referred to arbitration of a person
mutually agreed upon, or failing agreement to some person
appointed by the President for the time being of the Insti-
tution of Electrical Engineers. Delivery of Coal under the
Contract shall proceed during arbitration proceedings. The
award of the Arbitrator shall be final and binding on the
parties.

Specifications.

Tenderers are requested to tender for coal to be
supplied in accordance with either or both of the
following alternative specifications:—Specification (a).
For coal of a particular description, hereinafter described
as “Named Coal”; Specification (b) : For coal guaranteed
to have definite physical qualities as a fuel for steam
raising purposes, hereinafter described as “ Guaranteed
Coal.” In the specification of “ Named Coal,” the
tenderer is required to set out in the tenderer’s
details:—(1) The name of the pit from which the coal
will be delivered; (2) the description applied to the
particular class of coal from the colliery; (3) size as
specified by the colliery. In the specification of
“ Guaranteed Coal,” the tenderer is required to set out
in his details the classes of coal for which he is tendering
corresponding with the classes referred to in the table
of standards.

Testing.—A. A representative sample shall be taken
on delivery from each or any consignment and shall be
divided and sealed in three air-tight vessels, the Con-
tractor shall be at liberty to be represented when the
sample is taken and shall be entitled to one portion
thereof. The Contractor shall have no opportunity at a
later date of objecting to the manner in which the Coal
has been sampled.

B. Samples taken in the manner herein defined shall
be taken from each consignment and tested by the Pur-
chaser, or in the event of dispute by a competent expert
who shall be approved from time to time by the Pur-
chaser and whose fees shall be paid by the Contractor if
the Purchaser’s test is confirmed. The Tenderer is
invited to set out in the Tenderer’s details the names of
three experts either of whom he is agreeable shall be
employed.

Bonus and Penalty.—No variation of the Contract price
shall be made for any variation from the standard not
exceeding one-twentieth, up or down, of the figures given in
the table of standards,

(a)	If the calorific value exceeds the standard value in
British Thermal units per pound, the price per ton shall*
be increased in the same percentage ratio as the increase-
in the calorific value.

(b)	If the calorific value be less than the standard
value in Thermal units per pound, the price per ton shall
be decreased in the same percentage ratio as the decrease
in calorific value, provided always that the Purchaser
shall have the right to reject the whole consignment if
the calorific value be more than 7| per cent, below the
standard.

(c)	If the moisture be less than the standard per-
centage by weight, the weight of coal to be paid for shall