44.

0 CLAIMS FOR LOSS AND EXPENSE

44.1 If at any time during the regular progress of the Works or any part thereof has been materially affected by reason of
delays as stated under clause 43.1 (c), (d), (e), (f) and (h), and the Contractor has incurred direct loss and/or
expense beyond that reasonably contemplated and for which the Contractor would not be reimbursed by a
payment made under any other provision in this Contract, then the Contractor shalt within thirty (30) days of the
occurrence of such event or circumstances or inst~uctions give notice in writing to the S.O. of his intention to
claim for such direct loss or expense together with an estimate of the amount of such loss and/or expense,
subject always to clause 44.2 hereof.

44.2 As soon as is practicable but not later than ninety (90) days after practical completion of the Works, the Contractor
shall submit full particulars of all claims for direct loss or expense under clause 44.1 together with all supporting
documents, vouchers, explanations and calculations which may be necessary to enable the direct loss or
expense to be ascertained by the S.O .. The amount of such direct loss or expense ascertained by the S.O.
shall be added to the Contract Sum.

44.3 If the Contractor fails to comply with clauses 44.1 and 44.2. he shall not be entitled to such claim and the
Government shalt be discharged from all liability in connection with the claim.

40.
0 DAMAGES FOR NON-COMPLETION
40. If the Contractor fails to complete the Works by the Date for Completion or within any extended time
1 granted pursuant to clause 43. the S.O. shall issue a Certificate of Non· Completion to the Contractor.
Prior to the issuance of the Certificate of Non·Completion, the S.O. shall issue a notice to the Contractor
informing the Contractor the intention of the Government to impose Liquidated and Ascertained
Damages to the Contractor if the Contractor fails to complete the Works by the Date for Completion or
within any extended time granted.
40. Upon the issuance of the Certificate of Non-Completion, the Government shall be entitled to recover
2 from the Contractor Liquidated and Ascertained Damages calculated at the rate stated in Appendix from
the period of the issuance of the Certificate of Non-Completion to the date of issuance of Certificate of
Practical Completion or the date of termination of this Contract. The S.O. may deduct such damages
from any money due or to become due to the Contractor failing which such damages shall be recovered
from the Performance Bond or as a debt due from the Contractor. The S.O. shall inform the Contractor
in writing of such deduction.

37.0 CONSTRUCTIONAL PLANT, EQUIPMENT, VEHICLES AND MACHINERIES

37.1 The Contractor shall pay all port dues including (but not by way of limitation) wharfage dues, pilotage fees,
anchorage, berthage and mooring fees, quarantine dues, loading porterage and overtime fees for
constructional plant, equipment, vehicles and machineries for use directly in connection with the construction,
completion of the works brought into and despatched from Malaysia by the Contractor (or in his name by
agents).

37.2 The Contractor shall furnish to the S.O. all such shipping documents, invoices and other documentation as may be
required by the Customs Authorities in connection with the importation of goods, materials, constructional plant,
equipment, vehicles and machineries.

37.3 In the case of constructional plant, equipment, vehicles, and machineries imported on the Contractor's behalf by
importing agents and the like both the shipping documents and the invoices of the original suppliers or
manufacturers must indicate clearly that the consignment is for the Contractor's account.

37.4 The procedure in respect of the requirements of the foregoing shall be determined by the Customs Authorities. The
Contractor shall make written application to the S.O. and shall provide the relevant documentation of all constructional
plant, eqUipment, vehicles and machineries to be imported into Malaysia not less than forty-five (45) days before the
arrival of the said constructional plant, equipment, vehicles and machineries.

37.5 The Contractor shall pay all charges and other expenses in connection with the landing and shipment of all
constructional plant materials and other things of whatsoever nature brought into or despatched from Malaysia
for the purpose of the Contract.

37.6 The Contractor shall make his own arrangement in obtaining clearance through the Customs of constructional plant,
equipment, vehicles and machineries. However, if required, the S.O.'s assistance may be sought.

37.7 Under this Contract, the Contractor shall be required to furnish all lists of constructional plant, equipment, vehicles
and machineries to the S.O. whether the constructional plant, eqUipment, vehicles and machineries are hired or
acquired.