Tender invited for Development of Train Collision Avoidance System

of a similar description (when stores exactly complying with particulars are not, in
the opinion of the purchaser, which shall be final, readily available) at the risk and
cost of the contractor. In the event of action being taken under sub-clause (ii) above
or under this sub-clause, the provision of clause 0902 above will apply as far as
applicable.
(iv) Where under the contract the price payable is fixed F.O.B. port of despatch or
F.O.R. despatching station, the contractor shall, if the stores are rejected at
destination by the consignee, be liable, in addition to his other liabilities including
refund of price recoverable in respect of the stores so rejected to reimburse to the
Purchaser the freight and all other expenses incurred by the Purchaser in this regard.
0905. Delay in Commissioning of M&P
In the event of contractors’ failure to have M&P commissioned by the time or times
respectively specified in the letter of acceptance or contract, purchaser may withhold,
deduct or recover from the contractor as penalty, a sum @ 2% (two percent) of the price
of M&P which the contractor has failed to commission as aforesaid for each and every
month (part of a month being treated as a full month) during which the M&P may not
have been commissioned, subject to an upper limit of 10% (ten percent) of contract
value.
1000. FORCE MAJEURE
In the event of any unforeseen event directly interfering with the supply of stores arising
during the currency of the contract, such as war, revolutions, hostilities, acts of the
public enemy, civil commotion, sabotage; fires; floods, explosions, epidemics,
quarantine restrictions, strikes, lockouts or acts of God, the contractor shall, within a
week from the commencement thereof; notify the same in writing to the Purchaser with
reasonable evidence thereof. However, it should not be used by a party to escape
liability for bad performance.
If a Force Majeure situation arises, the supplier shall promptly notify the purchaser in
writing of such conditions and the cause thereof within twenty one days of occurrence of
such event with reasonable evidence thereof. Unless otherwise directed by the purchaser
in writing, the supplier shall continue to perform its obligations under the contract as far
as reasonably practical, and shall seek all reasonable alternative means for performance
not prevented by the Force Majeure event.
If the performance in whole or in part or any obligation under this contract is prevented
or delayed by any reason of Force Majeure for a period exceeding sixty days, either
party may by giving 21 days’ notice to the contractor in writing, at its option terminate
the contract without any financial repercussion on either side.In case of such
termination, no damage shall be claimed by either party against the other, save and
except those which had occurred under any other clause of this contract prior to such
termination.
Purchaser will also be entitle to take recourse under Force Majeure should such
conditions arise.
1100. ACCEPTANCE OF STORES DESPATCHED AFTER THE EXPIRY OF
DELIVERY PERIOD
1101. In case where only a portion of the stores ordered is tendered for inspection at the fag
end of the delivery period and also in cases where inspection is not completed in respect
of the portion of the stores tendered for inspection during the delivery period because of
the reason that adequate notice for inspection in accordance with clause was not given
by contractor, the Purchaser reserves the right to cancel the order for the balance
quantity, at the risk and expense of the contractor without any further reference to him.
If the stores tendered for inspection during or at the fag end of the delivery period are
not found acceptable after carrying out the inspection, the Purchaser is entitled to cancel
the contract in respect of the same at the risk and expense of the contractor. If, however,
the stores tendered for inspection are found acceptable, the Purchaser may grant an
extension of the delivery period subject to the following conditions:
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