Tender No - IGNOU

2.9 DELIVERY AND PENALTY FOR DELAY
2.9.1 The Tenderer shall deliver, in accordance with the conditions of the order
placed by the Purchaser the time/place and in the manner specified in the
Tender. Execution of job is time –bound. Any delay in the supply, installation
and commissioning within the time fixed or in the event of repudiation of the
contract, the Purchaser reserves the right to recover damage for Breach of
Contract as indicated below:
a) To recover from the Tenderer liquidated damages including administrative
expenses a sum equivalent to 0.05% of the price of the project, incase the
contractor has failed to deliver within the period of 45 days after the issue of
work order fixed for delivery/commissioning for each week or part thereof
during which delivery is in arrears subject to an overall ceiling of 10% of the
total contract price.
b) Contact any other Tenderer elsewhere without a show-cause notice to
contractor, on the account and at the risk of the Tenderer of the services not so
delivered or others of a similar description (where services exactly complying
with particulars are not in the opinion of the Purchaser, which shall be final,
readily procurable) without canceling the contract in respect of the installments
not yet due for delivery. If the Tenderer had defaulted in the performance of the
original contract, the purchaser shall have the right to ignore his tender for risk
purchase even though the lowest.
c) Cancel the contract or a portion thereof without a show-cause notice to the
Tenderer and if so desired contract or authorize contracting for the services not
so delivered or others of a similar description (where services exactly
complying with particulars are not in the opinion of the Purchaser, which shall
be final, readily procurable) at the risk and cost of the Tenderer. If the Tenderer
had defaulted in the performance of the original contract, the purchaser shall
have the right to ignore his tender for risk purchase even though the lowest.
d) All the deliverables, as per the work order placed would be subjected to
appropriate standard testing procedure to the satisfaction of the Purchaser. Only
those items would be considered for acceptance of delivery, which would
qualify such tests.
Signature and Seal of the Tenderer
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