Contract for Hiring Services of different types of call basis ... - GAIL

गेल (इंिडया) िलिमटेड
(भारत सरकार का उपबम)
GAIL (India) Ltd.
(A Government of India Undertaking)
4.3 The contractor himself will be responsible for any damage to the Vehicle or
any personal injury to driver or any other person in the employment of
contract (s) while Vehicle / equipment (s) are on GAIL Duty.
4.4 GAIL shall not be responsible for any claim / compensation that arises due to
damages / injuries / pilferage to the contractor’s Vehicle / property under any
circumstances while the Vehicle / equipment (s) were / are / is engaged for
the GAIL duty by him.
5 It is the responsibility of the contractor to inform the user of the Vehicle
as well as the Head of Transport department the occurrence of any accident
involving his / their Vehicle as early as possible to avoid any disruption of
GAIL’s operations, provide substitute and submit a detailed report to the head
of transport section within 24 hrs for the record of GAIL.
6 Absence of Vehicle due to any accident may not be entitled for any exemptions
from the liabilities of the contract whatsoever. Arrangement of the alternative /
substitute is the responsibility of the contractor unless otherwise exempted for
reasons beyond the contract’s control.
7.0 ARBITRATION CLAUSE:
7.1 All disputes or differences, whatsoever, arising between the parties hereto pertaining
to any part of the contract including its execution or concerning the WORKS or
maintenance thereof this CONTRACT or to the rights or to liabilities of the parties or
arising out or in relation thereto whether during or after completion of the
CONTRACT or whether before or after determination, foreclosure or breach of the
CONTRACT (other than those in respect of which the decision of any person is by the
CONTRACT expressed to be final and binding) shall after written notice by either
party to the CONTRACT be referred for adjudication to a sole arbitrator to be
appointed by GAIL as hereinafter provided.
7.2 For the purpose of appointing the Sole Arbitrator referred to above, the Appointing
Authority will send within thirty days of receipt of the notice, to the CONTRACTOR a
panel of three names which are not connected with the work in question.
7.3 The CONTRACTOR shall on receipt of the names as aforesaid, select any one of the
persons named to be appointed as a sole Arbitrator and communicate his names to
he Appointing Authority within thirty days of receipt of names. The Appointing
Authority shall thereupon without any delay appoint the said person as the sole
arbitrator. If the CONTRACTOR fails to communicate his choice for appointment of
and Arbitrator, the Appointing Authority shall do it on expiry of 30 days.
7.4 If the Arbitrator so appointed is unable to or unwilling to act or resigns or vacates his
office due to any reason whatsoever, another sole Arbitrator shall be appointed as
aforesaid.
TENDER NO. GAIL/MZL/C&P/SR 20006706 Page 48 of 55
HIRING OF VEHICLES (INDICA) FOR MUMBAI ZONAL OFFICE