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REQUEST FOR QUOTATION - GAIL

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39. Publicity &<br />

Advertising<br />

correspondingly reduced.<br />

General Conditions of Contract (Goods)<br />

The above stipulation will, however, not apply to:<br />

a) Exports by the Contractor/Supplier or<br />

b) Sale of goods as original equipment at prices<br />

lower than the prices charged for normal<br />

replacement<br />

c) Sale of goods such as drugs which have expiry<br />

dates.<br />

38.3 The supplier shall furnish the following certificate to the<br />

concerned Paying Authority along with each bill for<br />

payment for supplies made against this order:-<br />

“I/We certify that there has been no reduction in sale<br />

price of the items/goods/materials of description<br />

identical to those supplied to the <strong>GAIL</strong> under the order<br />

herein and such items/goods/materials have not been<br />

offered/sold by me/us to any person/organizations<br />

including the Purchaser or any Deptt. of Central Govt.<br />

or any Deptt. of State Govt. or any Statutory<br />

Undertaking of the Central or State Govt. as the case<br />

may be upto the date of bill/during the currency of the<br />

order whichever is later, at a price lower than the price<br />

charged to the <strong>GAIL</strong> under the order”.<br />

Such a certificate shall be obtained, except for quantity<br />

of items/goods/materials categories under sub-clause<br />

(a), (b) & (c) of sub-para 38.2 above, of which details<br />

shall be furnished by the supplier.<br />

39.1 Seller shall not without the written permission of<br />

PURCHASER/CONSULTANT make a reference to<br />

PURCHASER/CONSULTANT or any Company affiliated<br />

with PURCHASER/CONSULTANT or to the destination<br />

or the description of goods or services supplied under<br />

the contract in any publication, publicity or advertising<br />

media.<br />

40. Repeat Order 40.1 PURCHASER reserves the right, within 6 months of<br />

order to place repeat order upto 50% of the total order<br />

value without any change in unit price or other terms<br />

and conditions.<br />

41. Limitation of<br />

Liability<br />

Rev.0: May’04 24<br />

41.1 Notwithstanding anything contrary contained herein, the<br />

aggregate total liability of Seller under the Agreement or<br />

otherwise shall be limited to 100% of Agreement / Order<br />

price. However, neither party shall be liable to the other<br />

party for any indirect and consequential damages, loss<br />

of profits or loss of production.

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