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

Tender No. Hindustan Petroleum Corporation Limited Page 87 of 94
Tender for Road Transportation of Bulk POL products: MS
/HSD and Branded fuels
(d) If any of the information submitted by the Carrier in the tender is found incorrect at any
time.
(e) Breach of any of the terms or conditions of this Agreement by the Carrier.
(f) If the Carrier commits or suffers to be committed any act which in the opinion of the
Company whose decision shall be final, is prejudicial to the good name / image of the
Company or its’ products or its services.
(g) If the Carrier causes disruption in transportation of bulk petroleum products. The decision
of Company will be final and binding on the Carrier.
(h) On the death or retirement of proprietor or any of the partners of the Carrier firm. However,
in case, Company does not exercise this option, the Agreement shall continue as between
the Company and surviving / continuing partners of the Carrier. The legal representatives
of the deceased partner or the retiring partner himself shall be liable for all the obligation of
the carrier incurred up to the date of death or retirement but shall not be entitled to claim
from the company any portion of Security Deposit.
Company shall account for Security Deposit to the surviving or continuing partners. The
death or retirement of any partners shall be notified by the Carriers to the Company in
writing within 24 hours of such death or retirement.
Corporation shall endeavour to finalize contracts for the next contracts before expiry of the
existing transport contracts. However, if the new contracts could not be finalized before
expiry of the existing contracts, Corporation reserves the right to extend the contracts
beyond the period of the contract, upto maximum six months on adhoc basis and continue
utilizing the tank trucks for making supplies. During the period of the adhoc operation,
transportation rates, terms and conditions as per the contract agreement shall be
applicable.
(i) The irregularities mentioned below shall be deemed to have the complicity of the carrier:.
p. Unauthorised Fabrication such as hidden chamber / facility to siphon product from
the tank etc.
q. Duplication of any key pertaining to the security locking system.
r. Duplicate Dip-rod
For the above offences, the carrier will be blacklisted in the first instance itself as a
penal action.
In all cases of irregularities, wherever more thatn one type / quantum of penalties
have been prescribed in this tender document, the highest of such penalties shall
prevail.
(j) Any communication/ letter/circular issued by the corporation hereinafter shall be treated
as part and parcel of General Terms and Conditions & Contract Agreement.
18. Arbitration
All disputes and differences of whatsoever nature, whether existing or which shall at any
time arise between the parties hereto touching or concerning the Agreement, Transport
Contract / Supply Agreement meaning, operation or effect thereof or to the rights and
liabilities of the parties or arising out of or in relation thereto whether during or after
completion of the contract or whether before or after determination, foreclosure, termination
or breach of the agreement (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 agreement to the other and to the Appointing Authority hereinafter
mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter
provided.
87
Seal Signature of Tenderer