tender no: hpc/nz/bahadurgarh/bulk/pol/2012-13/1 technical bid

Tender No. Hindustan Petroleum Corporation Limited Page 86 of 94
Tender for Road Transportation of Bulk POL products: MS
/HSD and Branded fuels
It shall be mandatory to get the T/T crew trained for safe driving practice, while carrying
hazardous goods from Terminal/ Depots. The subject programs will be organized by HPC
at the Terminal/ Depots, and applicable charges shall be borne by the concern transporter.
13. In case any of the Tank Trucks meets with an accident while it is loaded with Company's
product, the Carrier shall:
i) Arrange conveying of information to dispatch storage points as also nearest police
station;
ii) Guard the Tank Truck and product till arrival of rescue agencies;
iii) Arrange another fit Tank Truck to salvage the product from Accident Tank Truck;
iv) Bring such transshipped / salvaged product to Dispatch Storage Point or other location
as directed by the Company at Carrier's cost.
v) Be responsible and liable for loss / claims as determined by the Company.
14. (a) Carrier shall be responsible for any damage or loss caused to the Company’s
product or property by negligence or default of it’s Crew, authorized representative or Tank
Truck. This will also include confiscation of Company's product delivered to the Carriers by
any statutory authorities.
(b) The carrier should strictly adhere to Transport Discipline Guidelines as enumerated
in Annexure-I to this agreement, and the modification made there to from time to time.
15. (a) The Carrier shall not be entitled to assign, subrogate, sublet or part with it's right,
title and interest under this Agreement for any reason whatsoever, or change the
ownership of / their right on the Tank Trucks.
(b) The Carrier shall not cause or allow any change in the constitution of its firm without
obtaining the previous written consent of the Company.
16. Neither party to this Agreement shall be liable for the non-performance of any of its
obligations under this Agreement so far as such non-performance is occasioned by
conditions of the force majeure. The Force Majeure means natural calamities like floods,
earthquake and other acts of God and riots, etc.
The affected party shall give the notice of occurrence of any such calamities within a period
of 24 hours of occurrence of such calamities. The performance of the respective
obligations of the parties under this Agreement shall be resumed as soon such calamities,
which have resulted in the non-performance cease to occur.
17. This Agreement is valid for a period of Five years w.e.f.______. However, Company
reserves the right to terminate this Agreement by giving two months advance notice
without assigning any reasons and contractor is not entitled to claim any
compensation from the Corporation.
Notwithstanding anything to the contrary contained hereinabove, Company reserves the
right to terminate this Agreement forthwith upon or at any time after happening of any of
the following -
(a) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or
goes into liquidation whether voluntary or otherwise.
(b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of
its' partners.
(c) If road permits or statutory licenses / permissions granted to Carrier / it's Tank Trucks by
transport or any statutory authorities is cancelled or revoked.
Seal Signature of Tenderer
86