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

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30. Resolution of Disputes/ Arbitration General Conditions of Contract (Goods) within seven (7) days of the occurrence and cessation of such Force Majeure Conditions. In the event of delay lasting over one month, if arising out of causes of Force Majeure, PURCHASER/CONSULTANT reserves the right to cancel the Contract and the provisions governing termination stated under Article 28.0 shall apply. For delays arising out of Force Majeure, the SELLER shall not claim extension in completion date for a period exceeding the period of delay attributable to the causes of Force Majeure and neither PURCHASER/CONSULTANT nor SELLER shall be liable to pay extra costs provided it is mutually established that Force Majeure Conditions did actually exist. SELLER shall categorically specify the extent of Force Majeure Conditions prevalent in their works at the time of submitting their bid and whether the same have been taken into consideration or not in their quotations. In the event of any force majeure cause, the SELLER or the PURCHASER shall not be liable for delays in performing their obligations under this order and the delivery dates will be extended to the SELLER without being subject to price reduction for delayed deliveries, as stated elsewhere. 30.1 The PURCHASER and the SELLER shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract. 30.2 If, after thirty days from the commencement of such informal negotiations, the PURCHASER and the SELLER have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to the formal mechanism as specified hereunder. 30.3 Legal Construction The Contract shall be, in all respects be construed and operated as an Indian Contract and in accordance with Indian Laws as in force for the time being and is subject to and referred to the Court of Law situated within Union Territory of New Delhi. 30.4 Arbitration Rev.0: May’04 20 All disputes, controversies, or claims between the parties (except in matters where the decision of the Engineer-in-Charge is deemed to be final and binding) which cannot be mutually resolved within a reasonable time shall be referred to Arbitration by a sole arbitrator. The PURCHASER (GAIL (India) Limited) shall suggest a panel of three independent and distinguished persons to the Seller to select any one among them to act as the sole Arbitrator.
General Conditions of Contract (Goods) In the event of failure of the Seller to select the Sole Arbitrator within 30 days from the receipt of the communication suggesting the panel of arbitrators, the right of selection of Sole Arbitrator by the other party shall stand forfeited and the PURCHASER shall have discretion to proceed with the appointment of the Sole Arbitrator. The decision of the PURCHASER on the appointment of Sole Arbitrator shall be final and binding on the parties. The award of the Sole Arbitrator shall be final and binding on the parties and unless directed/awarded otherwise by the Sole Arbitrator, the cost of arbitration proceedings shall be shared equally by the parties. The arbitration proceeding shall be in English language and the venue shall be at New Delhi, India. Subject to the above, the provisions of (Indian) Arbitration & Conciliation Act, 1996 and the rules framed thereunder shall be applicable. All matters relating to this contract are subject to the exclusive jurisdiction of the Courts situated in the State of Delhi (India). Seller may please note that the Arbitration & Conciliation Act 1996 was enacted by the Indian Parliament and is based on United nations Commission on International Trade Law (UNCITRAL model law), which were prepared after extensive consultation with Arbitral Institutions and centers of International Commercial Arbitration. The United Nations General Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December 1996. The WORK under the CONTRACT shall, however, continue during the Arbitration proceedings and no payment due or payable to the Seller shall be withheld on account of such proceedings. 31. Governing Language 31.1 The Contract shall be written in English language as specified by the PURCHASER/CONSULTANT in the Instruction to Bidders. All literature, correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in English language. Printed literature in other language shall only be considered, if it is accompanied by an English translation. For the purposes of interpretation, English translation shall govern and be binding on all parties. 32. Notices 32.1 Any notice given by one party to the other pursuant to the Contract shall be sent in writing or by telegram or fax, telex/cable confirmed in writing. Rev.0: May’04 21 32.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
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GAIL (India) Limited 16, Bhikaji Ca
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:2: The bid will be submitted in th
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1 SECTION 1 * CUT- OUT SLIPS
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3 CUT-OUT SLIP DO NOT OPEN-THIS IS
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5 DO NOT OPEN-THIS IS A QUOTATION P
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1.0 ARTICLE - 1: COST OF BIDDING 1.
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9.6 The bid security may be forfeit
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12.5.3.1 Part-C: BID SECURITY of th
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17.5.2 A bid determined as substant
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9 It is expressly understood and ag
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Technical Criteria 1 BIDDER’S EVA
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3 FINANCIAL SITUATION Applicant’s
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SECTION - 4 Special Conditions of C
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1.0 INTRODUCTION GAIL (India) Limit
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3.1.7 With regard to the colour of
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The Bidder shall be responsible for
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Noida (NCR locations), Pata and Vij
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At all times the contractor will co
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16.0 BILL OF MATERIAL Hardware, Sof
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18.0 LIST OF DEVIATIONS Tick(√ )
Page 41 and 42: 14 Delhi, Corporate office GAIL Cor
Page 43 and 44: 40 Piyala Terminal Piyala Terminal
Page 45 and 46: SN LOCATION NAME PC with 15” colo
Page 47 and 48: S No. Item Description Qty Whether
Page 49 and 50: Display - Integrated on board Intel
Page 51 and 52: 4 LCD Projectors Recommended make:
Page 53 and 54: SECTION - 5 SCHEDULE OF RATES
Page 55 and 56: S. NO. ITEM DESCRIPTION UOM QTY 9 M
Page 57 and 58: REF. To GAIL (India) Limited 16, Bh
Page 59 and 60: Section - 7 (BID FORM)
Page 61 and 62: Section 8 BID SECURITY FORM 1
Page 63 and 64: Section 9 AGREED TERMS AND CONDITIO
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Page 67 and 68: Section 10 7
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Page 73 and 74: General Conditions of Contract (Goo
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Page 81 and 82: 14. Time Schedule & Progress Report
Page 83 and 84: 16. Transit Risk Insurance CONSULTA
Page 87 and 88: 21. Terms of Payment General Condit
Page 89 and 90: 26. Price Reduction Schedule For De
Page 91: General Conditions of Contract (Goo
Page 95 and 96: 36.3 Recovery of sums due General C
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Supply, installation, testing and commissioning of pcs and ... - GAIL

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