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Mobile BTS Vehicle - Nepal Telecom

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NEPAL TELECOM<br />

<strong>Nepal</strong> Doorsanchar Company Limited<br />

Clause<br />

No.<br />

Particulars of <strong>Nepal</strong> <strong>Telecom</strong>’s Requirements<br />

delay by one week).<br />

13 Force Majeure<br />

13.1 The Supplier shall not be liable for forfeiture of its Performance Security, liquidated<br />

damages or termination for default, if and to the extent that, it's delay in performance or<br />

other failure to perform its obligations under the contract is the result of an event of<br />

Force Majeure.<br />

13.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the<br />

Supplier or Purchaser and not involving the Supplier's or Purchaser's fault or<br />

negligence. Such events may include, but are not restricted to, acts to the <strong>Nepal</strong><br />

<strong>Telecom</strong> either in its sovereign or contractual capacity, wars or revolutions, fires,<br />

floods, epidemics, quarantine restrictions and freight embargoes.<br />

13.3 If a Force Majeure situation arises, the Supplier shall promptly notify the <strong>Nepal</strong><br />

<strong>Telecom</strong> in writing of such condition and the cause thereof. Unless otherwise directed<br />

by the <strong>Nepal</strong> <strong>Telecom</strong> in writing, the Supplier shall continue to perform its obligations<br />

under the Contract as far as is reasonably practical, and shall seek all reasonable<br />

alternative means for performance not prevented by the Force Majeure event.<br />

14 Insurance<br />

14.1 The goods supplied under the Contract shall be fully insured in a currency of Contract<br />

against any loss or damage incidental to manufacture or acquisition, transportation,<br />

storage and delivery in the manner specified in the Clause No. - 14.3 of this section.<br />

14.2 The insurance policy shall be issued by the Internationally recognized or insurance<br />

company incorporated in <strong>Nepal</strong>. Name of the Insurance company and claim procedure<br />

shall be finalized during the contract negotiation.<br />

14.3 The insurance shall be in an amount equal to 110 % of the CIF value of the goods from<br />

"warehouse to warehouse" on "all risks" basis (as per Institute Cargo Clauses – A)<br />

including risks of theft, pilferage, non delivery (TPND), strike, riots, civil commotion<br />

(SRCC) and war clauses. All the items shall be fully insured by the Supplier up to the<br />

final destinations.<br />

14.4 The insurance policy shall remain valid till sixty (60) days after the delivery of all the<br />

goods at the <strong>Nepal</strong> <strong>Telecom</strong>'s respective stores.<br />

14.5 Any item/part damage/ lost shall be replaced by the Supplier free of charge at first and<br />

the insurance claim shall be made by the Consignee or the person authorized by the<br />

consignee to recover the cost of damaged/ lost goods.<br />

15 Patent Rights<br />

The Supplier shall indemnify the <strong>Nepal</strong> <strong>Telecom</strong> against all third - party claims of<br />

infringement of patent, trademark or industrial design rights arising from use of the<br />

goods (equipment and software) or any part thereof in <strong>Nepal</strong>.<br />

16 Documents<br />

16.1 Upon shipment, the Supplier shall notify the <strong>Nepal</strong> <strong>Telecom</strong> and the Insurance company<br />

by fax and email the full details of the shipment including contract number, description<br />

of goods, quantity, the airway bill/ bill of lading, or truck receipt number and date, port<br />

of loading, date of shipment, port of discharge, L/C number etc. The Supplier shall send<br />

by courier service a copy of following documents to the <strong>Nepal</strong> <strong>Telecom</strong> with a copy to<br />

the Insurance company:<br />

i. Five (5) copies of the Supplier's invoices showing goods description, quantity,<br />

unit price, total amount and L/C number.<br />

ii. Original and four (4) copies of the negotiable clean airway bill, bill of lading, or<br />

truck receipt marked freight prepaid and four (4) copies of non-negotiable<br />

airway bill/ bill of lading or truck receipt with LC number.<br />

iii. Five (5) copies of packing list identifying contents of each package;<br />

iv. Insurance Certificate;<br />

Bidder shall state as:<br />

Fully Compliant<br />

/Partially<br />

Compliant<br />

/Non Compliant<br />

Tender No. NDCL/26/066-67 for Supply and Delivery of <strong>Mobile</strong> <strong>BTS</strong> <strong>Vehicle</strong><br />

Page 26 of 91

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