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Procurement of amc(annual maintenance contract) for hvac ... - GAIL

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5. Transfer <strong>of</strong> Tender<br />

Documents:<br />

the amount is incorrect the rate quoted by the tenderer shall be<br />

taken as correct.<br />

c) When it is not possible to ascertain the correct rate by either <strong>of</strong><br />

above methods, the rate quoted in words shall be taken as correct.<br />

4.4 Corrections and Erasures: All correction(s) and alteration(s) in the entries<br />

<strong>of</strong> tender paper shall be signed in full by the TENDERER with date. No<br />

erasure or over writing is permissible.<br />

4.5 Signature <strong>of</strong> Tenderer:<br />

4.5.1 The TENDERER shall contain the name, residence and place <strong>of</strong><br />

business <strong>of</strong> person or persons making the tender and shall be signed<br />

by the TENDERER with his usual signature. Partnership firms shall<br />

furnish the full names <strong>of</strong> all partners in the tender. It should be signed<br />

in the partnership's name by all the partners or by duly authorised<br />

representatives followed by the name and designation <strong>of</strong> the person<br />

signing. Tender by a corporation shall be signed by an authorised<br />

representative, and a Power <strong>of</strong> Attorney in that behalf shall<br />

accompany the tender. A copy <strong>of</strong> the constitution <strong>of</strong> the firm with<br />

names <strong>of</strong> all partners shall be furnished.<br />

4.5.2 When a tenderer signs a tender in a language other than English, the<br />

total amount tendered should, in addition, be written in the same<br />

language. The signature should be attested by at least one witness.<br />

4.6 Witness: Witness and sureties shall be persons <strong>of</strong> status and property and<br />

their names, occupation and address shall be stated below their signature.<br />

4.7 Details <strong>of</strong> Experience: The tenderer should furnish, alongwith his tender,<br />

details <strong>of</strong> previous experience in having successfully completed in the<br />

recent past works <strong>of</strong> this nature, together with the names <strong>of</strong> Employers,<br />

location <strong>of</strong> sites and value <strong>of</strong> <strong>contract</strong>, date <strong>of</strong> commencement and<br />

completion <strong>of</strong> work, delays if any, reasons <strong>of</strong> delay and other details<br />

alongwith documentary evidence(s).<br />

4.8 Liability <strong>of</strong> Government <strong>of</strong> India: It is expressly understood and agreed by<br />

and between Bidder or/Contractor and M/s <strong>GAIL</strong> (India) Limited, and<br />

that M/s <strong>GAIL</strong> (India) Ltd., is entering into this agreement solely on its<br />

own behalf and not on behalf <strong>of</strong> any other person or entity. In particular,<br />

it is expressly understood and agreed that the Government <strong>of</strong> India is<br />

not a party to this agreement and has no liabilities, obligations or rights<br />

hereunder. It is expressly understood and agreed that M/s <strong>GAIL</strong> (India)<br />

Ltd. is an independent legal entity with power and authority to enter into<br />

<strong>contract</strong>s solely on its own behalf under the applicable Laws <strong>of</strong> India<br />

and general principles <strong>of</strong> Contract Law. The Bidder/Contractor<br />

expressly agrees, acknowledges and understands that M/s <strong>GAIL</strong> (India)<br />

Ltd. is not an agent, representative or delegate <strong>of</strong> the Government <strong>of</strong><br />

India. It is further understood and agreed that the Government <strong>of</strong> India<br />

is not and shall not be liable <strong>for</strong> any acts, omissions, commissions,<br />

breaches or other wrongs arising out <strong>of</strong> the <strong>contract</strong>. Accordingly,<br />

Bidder/Contractor hereby expressly waives, releases and <strong>for</strong>egoes any<br />

and all actions or claims, including cross claims, impleader claims or<br />

counter claims against the Government <strong>of</strong> India arising out <strong>of</strong> this<br />

<strong>contract</strong> and covenants not to sue to Government <strong>of</strong> India as to any<br />

manner, claim, cause <strong>of</strong> action or thing whatsoever arising <strong>of</strong> or under<br />

this agreement.<br />

5.1 Transfer <strong>of</strong> Tender Documents purchased by one intending tenderer to<br />

another is not permissible.<br />

Page 64 <strong>of</strong> 158

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