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naval dockyard, mumbai - Irfc-nausena.nic.in

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7. We lastly undertake not to revoke the Guarantee dur<strong>in</strong>g the currency of the above said contract except with the<br />

prior consent of the Purchaser <strong>in</strong> writ<strong>in</strong>g.<br />

Yours faithfully,<br />

for ____________________ Bank<br />

(Authorised Attorney)<br />

Place : ____________________<br />

Date : ____________________<br />

Seal of the Bank<br />

ARTICLE 7 ­ PERFORMANCE BOND<br />

The Bidder will be required to furnish a Performance Guarantee by way of Bank Guarantee through a public<br />

sector bank or a private sector bank authorized to conduct government bus<strong>in</strong>ess (ICICI Bank Ltd., Axis Bank Ltd or HDFC<br />

Bank Ltd.) for a sum equal to 10% of the contract value with<strong>in</strong> 30 days of receipt of the confirmed order. Performance<br />

Bank Guarantee should be valid up to 60 days beyond the date of warranty. The specimen of PBG is given below:­<br />

From:<br />

Bank _______________<br />

To,<br />

The President of India<br />

M<strong>in</strong>istry of Defence,<br />

Government of India<br />

New Delhi<br />

Performance Bank Guarantee Format<br />

Dear Sir,<br />

Whereas you have entered <strong>in</strong>to a contract No._______ dated_________ (here<strong>in</strong>after referred to as the said<br />

Contract) with M/s__________________________, here<strong>in</strong>after referred to as the “seller” for supply of goods as per Part­II<br />

of the said contract to the said seller and whereas the Seller has undertaken to produce a bank guarantee for( % ) of total<br />

Contract value amount<strong>in</strong>g to _________ to secure its obligations to the President of India.<br />

We the _______________ bank hereby expressly, irrevocably and unreservedly undertake and guarantee as pr<strong>in</strong>cipal<br />

obligors on behalf of the seller that, <strong>in</strong> the event that the President of India declares to us that the goods have not been<br />

supplied accord<strong>in</strong>g to the Contractual obligations under the aforementioned contract, we will pay you, on demand and<br />

without demur, all and any sum up to a maximum of ____________Rupees _____________ only. Your written demand<br />

shall be conclusive evidence to us that such repayment is due under the terms of the said contract. We undertake to effect<br />

payment upon receipt of such written demand.<br />

2. We shall not be discharged or released from this undertak<strong>in</strong>g and guarantee by any arrangements, variations<br />

made between you and the Seller, <strong>in</strong>dulgence to the Seller by you, or by any alterations <strong>in</strong> the obligations of the Seller or<br />

by any forbearance whether as to payment, time performance or otherwise.<br />

3. In no case shall the amount of this guarantee be <strong>in</strong>creased.<br />

4. This guarantee shall rema<strong>in</strong> valid for …… months from the date of JRI acceptance of test consignment <strong>in</strong> India or<br />

until all the store, spares and documentation have been supplied accord<strong>in</strong>g to the contractual obligations under the said<br />

contract.<br />

5. Unless a demand or claim under this guarantee is made on us <strong>in</strong> writ<strong>in</strong>g or on before the aforesaid expiry date as<br />

provided <strong>in</strong> the above referred contract or unless this guarantee is extended by us, all your rights under this guarantee<br />

shall be forfeited and we shall be discharged from the liabilities hereunder.<br />

6. This guarantee shall be a cont<strong>in</strong>u<strong>in</strong>g guarantee and shall not be discharged by and change <strong>in</strong> the constitution of the<br />

Bank or <strong>in</strong> the constitution of M/s______________________________.<br />

ARTICLE 8 ­ DURATION OF THE DELIVERY<br />

8.1 Duration of Work<br />

8.1.1 The CONTRACTOR shall complete his scope of work specified <strong>in</strong> Article 3.1 and 3.2 <strong>in</strong> _____ (duration <strong>in</strong><br />

months/days/date for completion of Scope of Work) from the Effective date specified <strong>in</strong> Article 2.1. Delivery by the<br />

CONTRACTOR shall be treated as complete on satisfactory HATs/SATs and upon sign<strong>in</strong>g of Delivery Acceptance<br />

DYT/INCOD/12­13/106(a)/PL­YCM/MADHUR­REFIT/420 112/127

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