Procurement of amc(annual maintenance contract) for hvac ... - GAIL
Procurement of amc(annual maintenance contract) for hvac ... - GAIL
Procurement of amc(annual maintenance contract) for hvac ... - GAIL
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
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