|
| |
|
|
13. |
INSURANCE |
| |
All the transit
insurance /marine insurance from the foreign port to the CIF
destination port of shipment shall be arranged by the supplier with
the Indian Insurance companies which will be to the account of the
supplier |
| |
|
|
14. |
WARRANTY |
| |
|
| |
|
14.1 |
The
material is to be supplied in accordance with the order complete
in all respect of good material and workmanship
throughout and in the event of any goods on receipt
being found not in accordance with the specification, the
supplier would replace the goods at his own cost inclusive of
all freight, handling charges, duties and taxes up to
ultimate destination in India. |
| |
|
|
14.2 |
Warranty:
One year after successful commissioning and taking over by
India Government Mint, Kolkata |
| |
|
|
14.3 |
This
warranty shall survive acceptance of goods and payments but
shall expire (expect in case of complaints notified to the
supplier within Ninety days after the expiry warranty period),
twelve months after the successful commissioning of
the machines. |
| |
|
|
14.4 |
The
supplier shall submit a warranty in the form of Bank Guarantee
for value of 10 % of the contract value. |
| |
|
|
|
15. |
LIQUIDATED
DAMAGES |
| |
In the event of
the supplier’s failure to have the stores ready for delivery by the
date/dates in the contract the purchaser may without prejudice to
his any other rights hereunder, recover from the supplier, as
liquidated damages and not by way of penalty the sum of two percent
of the contract price of the undelivered goods for each and every
month or part of the month. But if the delay arises from any cause
which the supplier should promptly notify the purchaser and the
purchaser admits it as reasonable ground for the further time, and
delay is not attributed to the supplier, no liquidated damages will
be leviable during the additional time thus agreed. In the event of
the supplier’s failure to deliver the Materials as per the Purchase
Order, the General Manager, India Government Mint, Kolkata may at
his discretion recover from the supplier liquidated damages out of
the security deposit. |
| |
|
|
16. |
RISK PURCHASE
CLAUSE If the supplier after submission of tender and due acceptance
of the same, i.e. after placement of Purchase Order, fails to abide
by the terms and conditions of these tender document, or fails to
supply the material as per delivery schedule given or at any time
repudiates the contract, the purchaser will have the right to |
| |
|
|
|
| 16.1 |
Forfeit
the EMD; and |
| |
|
|
16.2 |
Invoke the
Security Deposit – Cum – Performance Guarantee deposited by the
supplier and procure the stores from other agencies at the risk
and consequence of the supplier. The cost difference between the
alternative arrangement and supplier’s tendered value will be
recovered from the supplier along with incidental charges.For
all purposes the letter of intent will be considered acceptance
of tender and formal contract pending signing of formal
agreement. Supplier has to abide by all terms and conditions of
tender |
| |
|
|
16.3 |
In case of
procurement through alternative sources and procurement price is
lower, no benefit on this account will be passed on to supplier |
|
| |
|
|
17. |
FORCE MEJURE
CLAUSE |
| |
If any time
during the continuance of this contract the performance in whole or
in part by either party of any obligation under this contract is
prevented or delayed by reason of War, hostility, acts of Public
enemy, civil Commotion, sabotage, fire, floods, explosions,
epidemics, quarantine, restrictions, strikes, lockouts, or act of
God (herein after referred to as “events”) provided notice of
happenings of any such eventuality duly endorsed by the appropriate
authorities/Chamber of Commerce in the country of the party giving
notice is given by the party seeking concession to the other as soon
as practicable but within 21 days from the date of occurrence and
termination thereof and satisfies the other party adequacy of the
measure taken by it, neither party shall by reason of such event be
entitled to terminate this contract nor either party have any claim
for damages against the other in respect of such non-performance, or
delay in performance, and delivers under the contract shall be
resumed as soon as practicable after such event has come to an end
or ceased to exist and the decision of the General Manager, India
Government Mint, Alipore, Kolkata as to whether the deliveries have
so resumed or not, shall be final and conclusive provided further
that the performance in whole or in part of any obligation under
this contract is prevented or delayed by reason of any such event
for a period exceeding 60 days, The General Manager, India
Government Mint, Alipore, Kolkata may at his option terminate the
contract. |
| |
|
|
18. |
FORE CLOSURE
CLAUSE |
| |
If at any time if
at any time during the contract purchase of material ordered in this
contract is completely banned due to drastic change in Government
policy its use as declared hazardous to public health or cause
rising to civil commotions, epidemic, wide-spread strikes and 21
days notice of such eventualities is given by Purchaser to the
Supplier, the Supplier without any right to enforce the contract
will agree to the fore-closure of performance of balance portion of
this contract and no claim for damages or losses will be lodged
against the Purchaser. |
| |
|
|
19. |
TERMINATION –
DEFAULT BY THE SUPPLIER |
| |
If the supplier
is in default in carrying out any of the conditions, covenant or
obligations of the contract, the purchaser may give notice of
default to the supplier to cure such default within 30 days of
receipt of said notice of default. Should the supplier not cure the
default within the said period the purchaser may within 30 days
terminate the whole or any portion thereof with respect to any if
the work not completed by the supplier in accordance with the terms
of the contract at the said time of the notice in writing to the
Supplier. Upon termination of the contract under this clause, the
purchaser shall require the supplier to deliver to the purchaser any
finished work which has not been delivered prior to such
terminations. The purchaser however, shall pay the supplier for all
such finished work delivered and accepted. |
| |
|
|
20. |
ARBITRATION |
| |
In case of any
dispute or difference arises out of or in connection with or
carrying out of works (whether during the progress of the works or
after their completion and whether before after determination,
abandonment or breach of contract) except as to any or the matters,
provided hereunder, the parties hereto, shall first endeavor to
settle such dispute or differences amicably.
If both the
parties fail to reach such amicable settlement, then either party
(The Purchaser or Contractor) may (within 28 days of such failure)
give a written notice to other party requiring that all matters in
dispute or difference be arbitrate upon, such written notice shall
specify the matters which are indifferences or of differences of
which such written notice has been given and no other matters shall
be referred to the arbitration of a single arbitrator to be
appointed by both the parties or incase of disagreement as to the
appointment of a single arbitrator, to two arbitrators are to be
appointed by each party or in case of said arbitrators not agreeing
them, to the umpire, to be appointed by the arbitrators in writing
before entering upon the references. Provisions of Indian
Arbitration Act, 1940 or any statutory modification or reenactment,
thereof and rules framed there under from time to time shall apply
to such arbitrations.
Venue of
arbitration shall be Kolkata, India.
The arbitrator
or arbitrators appointed under this Article shall have the power to
extend the time to make the award with the consent of the parties.
Pending
references to arbitration, the parties shall make all endeavor to
complete the work in all respects and all disputes, if any will
finally be settled in the arbitration.
Upon every or
any such references to the arbitration, as provided herein the cost
of an incidental to the reference and Award respectively shall be in
the discretion of the Arbitrators or the Umpire, as the case may be.
The Award of
the Arbitrator or Arbitrators, as the case may, shall be final and
binding on the parties. It is agreed that the Contractor shall not
delay the supplies by reason of any such matter, question or dispute
being referred, to arbitration, but shall proceed with the works
with all due diligence. The Purchaser and the Supplier hereby also
agree that arbitration under this clause shall be a condition
precedent any right of action under the contract. |
| |
|
|
21. |
CORRESPONDENCE |
| |
All information,
correspondence letters & details that accompany the tender documents
and all further correspondence in connection with tender to be
submitted in two copies to : |
| |
| |
The General
Manager |
| |
India
Government Mint, |
| |
Alipore,
KOLKATA-700053 |
|
| |
|
|
22. |
JURISDICTION |
| |
The Contract
shall be governed by the Laws of India. |
| |
|
|
23. |
ACCEPTANCE OF
TERMS AND CONDITIONS |
| |
The supplier must
agree to abide by the above set forth terms and conditions. |
| |
|
|
24. |
SAVING OF
GOVERNMENT OF INDIA LAWS |
| |
All Rules,
regulations, orders & instructions issued by the Govt. of India from
time to time regarding any matter considered in this tender shall be
applicable. |
| |
|
|
25. |
NATIONAL SECURITY
CLAUSE |
| |
Offer(s) received
from any bidder shall be summarily rejected on national security
considerations without any intimation thereof to the bidder. |
| |
|
| |
|
| |
|
|
Terms & Condition Page 1
|| Terms &
Condition Page 2 |
|
Top