Supply, installation, testing and commissioning of pcs and ... - GAIL

9
It is expressly understood and agreed by and between ....................(the Company) and GAIL (
India) Limited, (Indian Public Sector Undertaking) that GAIL (India) Ltd., is entering into
this agreement solely on its own behalf and not on behalf of any other person or entity. In
particular, it is expressly understood and agreed that the Government of India is not a party to
this agreement and has no liabilities, obligations or rights hereunder. It is expressly
understood and agreed that GAIL ( India) Limited is an independent legal entity with power
and authority to enter into contracts solely on its own behalf under the applicable Laws of
India and general principles of Contract Law. The ............... (company) expressly agrees,
acknowledges and understands that GAIL ( India) Limited. is not an agent, representative or
delegate of the Government of India. It is further understood and agreed that the Government
of India is not and shall not be liable for any acts, omissions, commissions, breaches or other
wrongs arising out of the contract. Accordingly................... (Company) hereby expressly
waives releases and foregoes any and all actions or claims, including cross claims, impleader
claims or counter claims against the Government of India arising out of this contract and
covenants not to sue to Government of India as to any manner, claim, and cause of action or
thing whatsoever arising of or under this agreement.
28.0 ARTICLE-28: INVOICE AND PAYMENT
All payments against the contract shall be released by GAIL, New Delhi, India. The invoices
must be addressed to the following:
General Manager (F&A)
GAIL (India) Limited
16, Bhikaiji Cama Place,
New Delhi – 110 066
29.0 ARTICLE-29: LOADING CRITERIA FOR BID EVALUATION
Not applicable
30. Article – 30 REPEAT ORDER
GAIL at its discretion may place the repeat order (s) up to 50% of contract amount within 6
months from the date of original order.
31.0 CORRUPT OR FRAUDULENT PRACTICES
The Purchaser requires that Bidders/Suppliers observe the highest standard of ethics during
the procurement and execution of the order. In pursuance of this policy, the Purchaser :
a) defines, for the purposes of this provision, the terms set forth below as follows :
i) “corrupt practice” means the offering, giving, receiving or soliciting of any
thing of value to influence the action of a public official in the procurement
process or in contract execution; and
ii) “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the
Purchaser, and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels
and to deprive the Purchaser of the benefits of free and open competition;