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Tender invited for Development of Train Collision Avoidance System

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15. SUPPLY AND CUSTODY OF MATERIAL<br />

15.1 The contractor shall be entirely responsible and shall bear all expenses towards<br />

supply <strong>of</strong> equipment (s) from the source <strong>of</strong> supply to the Railway’s/RDSO’s<br />

premises / representative nominated at site. The responsibility <strong>for</strong> damage during<br />

transportation and till it is taken over by Railways/RDSO after commissioning shall<br />

be that <strong>of</strong> the contractor.<br />

15.2 The contractor shall be responsible <strong>for</strong> any loss or damage to the equipment<br />

supplied by the Railways and shall execute an Indemnity Bond <strong>for</strong> the works that<br />

will remain in his custody and which have been supplied by the Railways. The<br />

cost <strong>of</strong> stores lost or damaged when under the custody <strong>of</strong> the contractor will be<br />

realised by the Railways with the help <strong>of</strong> Indemnity Bond.<br />

15.3 During the trial period, it shall be the <strong>Tender</strong>er’s responsibility to safeguard the<br />

equipment from any type <strong>of</strong> damage, theft etc. He would take suitable measures to<br />

prevent the same.<br />

16. QUALITY ASSURANCE<br />

16.1 The tenderer shall submit alongwith the tender the quality control plan including<br />

full details <strong>of</strong> in-house quality assurance organization, procedures and<br />

documentation. During the validating process, proper record shall be maintained<br />

<strong>for</strong> the inspection and tests carried out according to this plan.<br />

17. LIQUIDATED DAMAGE<br />

17.1 The time <strong>for</strong> completing the schedule <strong>of</strong> work stipulated in the SSC shall be<br />

deemed to the essence <strong>of</strong> the agreement. If the contractor fails to complete the<br />

contract as a whole or schedule <strong>of</strong> sub-work within the prescribed time, or<br />

extended time, Purchaser shall, if satisfied that the work can be completed by the<br />

contractor within a reasonable short time, thereafter, be entitled without prejudice<br />

to any other right or remedy available on that behalf to deduct or recover by way <strong>of</strong><br />

liquidated damage and not as a penalty a sum equivalent to one half <strong>of</strong> 1% <strong>of</strong> the<br />

value <strong>of</strong> agreement <strong>for</strong> each week or part there<strong>of</strong> <strong>for</strong> which the contractor is in<br />

default subject to a maximum <strong>of</strong> 10% <strong>of</strong> the value <strong>of</strong> agreement and allow to<br />

contractor such further extension <strong>of</strong> time as Indian Railway may decide. The<br />

recovery or deduction <strong>of</strong> sub-damages shall not relieve the contractor from his<br />

obligation or liabilities under the agreement.<br />

17.2 If, be<strong>for</strong>e the completion <strong>of</strong> the whole <strong>of</strong> the contract, any part or section <strong>of</strong> the<br />

work has been certified by the engineer as completed, and occupied or used by the<br />

purchaser, the liquidated damages <strong>for</strong> delay shall, <strong>for</strong> any period <strong>of</strong> delay after such<br />

certificate and in the absence <strong>of</strong> alternative provisions in the contract be reduced in<br />

the proportion which the value <strong>of</strong> the part or section so certified bears to be value<br />

<strong>of</strong> the whole <strong>of</strong> the contract.<br />

Page 28 <strong>of</strong> 72 <strong>of</strong> Part-II Sec-II

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