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

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Tender No. Hindustan Petroleum Corporation Limited Page 88 of 94 Tender for Road Transportation of Bulk POL products: MS /HSD and Branded fuels The appointing authority shall either himself act as Sole Arbitrator or nominate some officer or retired officer of Hindustan Petroleum Corporation Ltd. (referred to as owner or HPCL) or retired officer of Oil PSUs or retired Senior Central Govt. Officer to act as Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such officer of the owner as the Sole Arbitrator on the ground that the said officer is/was an officer and/or shareholder of the owner or that he/she has to deal or dealt with the matter to which the contract relates or that in the course of his/her duties as an officer of the owner, he/she has/had expressed views on all or any of the matters in dispute or difference. In the event of the Arbitrator to whom the mater is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reason whatsoever, the Appointing Authority aforesaid, shall nominate another officer or retired officer of the Owner or retired officer of Oil PSUs or retired Senior Central Govt. Officer to act as Arbitrator Such Officer nominated as Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or an officer or retired officer of the Owner or retired officer of Oil PSUs or retired Senior Central Govt. Officer nominated by the Appointing Authority shall act as an Arbitrator. The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement. The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s), if necessary. The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be Rs. 40,000/- per case for transportation contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt of award by the parties. The Award of the Sole Arbitrator shall be final and binding on both the parties. Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause. The Contract shall be governed by and construed according to the laws in force in India. The Arbitration shall be held at _______ and conducted in English language. The appointing Authority is the Functional Director of Hindustan Petroleum Corporation Ltd. 19. The parties hereby agree that the court in city of _______ alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of any thing arising under this Agreement. 20. This Agreement covers entire understanding between the parties. No alteration / variation of any of the terms of this Agreement shall be valid unless made with the consent of both Seal Signature of Tenderer 88
Tender No. Hindustan Petroleum Corporation Limited Page 89 of 94 Tender for Road Transportation of Bulk POL products: MS /HSD and Branded fuels the parties and evidenced in writing duly signed by authorized representatives of both the parties. 21. All notices and other communications to be given under this Agreement by either party to the other shall unless otherwise specifically agreed be given in writing by Registered Post or hand delivery against acknowledgement to the following addresses of the respective parties. To Dy. General Manager (Operations/Distribution) Hindustan Petroleum Corporation Ltd. General Manager’s Office - North Zone, ______________ To, Name of Carrier, Address, __________ __________ Signed and witnessed at ___________ on _________. Witness 1. 2. Witness 1. For Company For Carriers M/s. _____________________ (Authorized Signatory) 2. M/s. ________________________ (Prop. /Partner/Directors) Seal Signature of Tenderer 89
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tender no: hpc/nz/bahadurgarh/bulk/pol/2012-13/1 technical bid

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