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INVITATION TO TENDER GOVERNMENT OF ... - Indian Railway

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-4-<br />

11. Deliveries At Consignee’s Premises (In Trucks):<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

(vi)<br />

(vii)<br />

In all cases quantities filled and despatched /delivered Ex. Main Installations (MI)/Storage<br />

points will be subject to Clause 6-Transit Risk of “Special Conditions of Contract”.<br />

Variation in volume after despatch will be to the purchaser’s account in case of supply in<br />

consignee’s truck.<br />

Handling and decantation of the product from the tank trucks into buyer’s Container at<br />

consignee’s premises will be the buyer’s responsibility.<br />

Firm’s tank trucks will be released by the consignee within a reasonable time of arrivals at<br />

destination and they will not be subject to any inordinate detention.<br />

Deliveries will be in full truck loads only.<br />

For returning the tank trucks without taking delivery of the product for any reason<br />

whatsoever, delivery charges will be payable by the <strong>Railway</strong>s at the applicable rates on the<br />

basis of certificate issued by the Internal Auditor’s of Oil company.<br />

When supplies can not be undertaken to consignee’s premises for any reason, the buyer’s<br />

shall draw their requirements from firm’s supplying depots under their own arrangement.<br />

For such supplies ex-depot rates will supply.<br />

In the event of dispute regarding the distance, a joint verification will be undertaken by the<br />

firm and the consignee. Firm shall agree to adjust the overdrawals / underpayments based<br />

on the final agreed distance.<br />

12. Guarantee/Warranty: Guarantee/warrantee will be applicable to this contract as per clause<br />

3201 & 3204 of IRS conditions of contract.<br />

13. Arbitration:<br />

13.1 This contract is subject to standard arbitration clause 2900 of IRS conditions of contract<br />

13.2 In case of any dispute in the contract with PSU the following Arbitration clause will be<br />

applicable.<br />

In the event of any dispute or difference relating to the interpretation & application of the<br />

provisions of the contracts, such dispute or difference shall be referred by either party to the<br />

arbitration of one of the arbitrators in the Department of Public Enterprises to be nominated by the<br />

Secretary to the Govt. of India in charge of the Bureau of Public Enterprises. The arbitration and<br />

conciliation Act 1996 shall not be applicable to the arbitration under this clause. The award of the<br />

arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved<br />

by such award may make a further reference for setting aside or revision of the award to the Law<br />

Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon such<br />

reference the dispute shall be decided by the Law Secretary or the special Secretary/ Additional<br />

Secretary when so authorised by the Law Secretary, whose decision shall bind the parties finally<br />

and conclusive.

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