Tender invited for Development of Train Collision Avoidance System

The standard payment terms subject to recoveries if any, under the liquidated damages
clause and general condition of contract will be as under: -
(a) 80% of the payment on proof of inspection certificate and certified receipt by
a gazetted officer of Rail/Road Challan, to be made normally within 30 days
of receipt of documents as specified.
(b) Balance 20% payment within 90 days after satisfactory installation/
commissioning and proving test of M&P subject to submission of bank
guarantee for an amount of 10% of contract value, as warranty security.
1600. PAYMENT PROCEDURE
Payment for indigenous supplies will be made in Indian Rupees against bills preferred
by the contractor. Any payment in the foreign exchange that the contractor may have to
make for imported components forming part of the bid will be arranged by him direct.
1700. WARRANTY
1701. The Contractors shall warrant that every thing to be furnished to the purchaser under this
contract shall be of the highest grade, free of all defects and faults in design, material,
workmanship and manufacture, and shall be consistent with the established and
generally accepted standards for goods of the type ordered and in full conformity with
the contract specification, drawing or sample, if any and shall, if operable, operate
properly.
1702. The Contractor also guarantees that the said goods/stores/articles would continue to
conform to the description and quality as aforesaid, for a period as specified in technical
specification of RDSO.
1703. If during the aforesaid period, the said goods/ stores/ articles be discovered not to
conform to the description and quality aforesaid or have deteriorated otherwise than by
fair wear and tear the decision of the Purchaser in that behalf being final and conclusive,
then the Purchaser will be entitled to reject the said goods/stores/articles or such portions
thereof as may be discovered not to conform to the said description and quality. On
such rejection, the goods/ stores/ articles will be at the Seller’s risk. If the Contractor/
Seller so desire the rejected goods may be taken over by him or his agents for disposals
in such manner as he may deem fit, within a period of 3 months from the date of such
rejection. At the expiry of the period, no claim whatsoever shall lie against the purchaser
in respect of the said Goods/ Stores/ Articles, which may be disposed of by the
purchaser in such manner as he thinks fit. Without prejudice to the generality of the
foregoing all the provisions in the Indian Railways Standard Conditions of Contract
relating to the ‘Rejection of Stores’ and ‘Failure’ and ‘Termination’ shall apply.
1704. The Contractor shall, if required, replace or repair the goods or such portion thereof as
has been rejected by the purchaser, free of cost, at the ultimate destination, or at the
option of the Purchaser, the contractor shall pay to the Purchaser, the value thereof at
the contract price and such other expenditure and damages as may arise by reason of the
breach of the conditions herein before specified. Nothing herein contained shall
prejudice any other right of the purchaser in that behalf under this contract or otherwise.
1705. The contractor shall furnish a Warranty Performance Guarantee Bond in the proforma
attached (Annexure-9) from a Nationalised Indian Bank before claiming balance
payment within the period specified in the contract (refer clauses 1701.b& 1702.b) for
an amount equivalent to 10% of the value of the contract. In the case of foreign
contracts, the Guarantee Bond from a commercial Bank of the contractor’s country can
be accepted only if the Bond is furnished after getting it duly counter signed by the
Reserve Bank of India or State Bank of India, New Delhi. The expenses to be incurred
for the counter signatures shall be borne by the contractor.
1706. Additional Conditions of Warranty for M & P
(a) Warranty period for M&P will be 24 (twenty four) months from the date of
commissioning and proving out of M&P. A maximum period of 2 (two) weeks
will be allowed for attending and rectification of faults during the warranty
period.
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