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<strong>Nepal</strong> <strong>Telecom</strong><br />

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

Clause<br />

No.<br />

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

8 Contract Amendments<br />

No variation in or modification of the terms of the Contract shall be<br />

made except by written amendment signed by the both parties.<br />

9 Assignment<br />

The Supplier shall not assign, in whole or in part, its obligations to<br />

another party to perform under this Contract, except with the <strong>Nepal</strong><br />

<strong>Telecom</strong>'s prior written consent.<br />

10 Applicable Law<br />

The contract shall be governed and interpreted in accordance with<br />

prevailing laws of <strong>Nepal</strong> Government.<br />

11 (*) Taxes and Duties (*)<br />

11.1 The Supplier shall be entirely responsible for all taxes/duties stamp<br />

duties, license fees and other such levies imposed outside <strong>Nepal</strong>. The<br />

taxes/ duties such as custom duties, VAT, local development tax,<br />

security tax etc. applicable at the time of importation of goods in<br />

<strong>Nepal</strong>, for the value not exceeding the total contract price will be<br />

borne by the <strong>Nepal</strong> <strong>Telecom</strong>. However, it will be the Supplier's<br />

responsibility to pay Taxes/duties as mentioned above for the<br />

amount increased beyond the total contract price.<br />

In case of <strong>Nepal</strong>ese Bidder the prices shall be quoted in NRs.<br />

(<strong>Nepal</strong>ese Rupees) on CIP <strong>Nepal</strong> <strong>Telecom</strong>’s MSD Store, Pulchowk,<br />

Lalitpur as per the Section VII: SOR. The prices shall be inclusive of<br />

Taxes/duties such as VAT, Local Development Tax, Custom duties,<br />

security tax etc. applicable in <strong>Nepal</strong>.<br />

11.2 The Supplier shall be responsible to pay withholding Tax (TDS-Tax<br />

Deducted at Source) as per the income tax law of Government of<br />

<strong>Nepal</strong> applicable at the time of payment.<br />

11.3 Taxes and deduction of Payment<br />

All the payment under this contract shall be made only after<br />

deduction of withholding tax amount (TDS- Tax deducted at Source)<br />

in accordance with the clause No. – 11.2 of Section IV: Conditions<br />

of Contract (COC).<br />

Liquidated damages, short fall of goods and any other charges<br />

payable to the <strong>Nepal</strong> <strong>Telecom</strong> shall be deducted at the time of the<br />

payment.<br />

12 Liquidated Damages<br />

12.1 If the Supplier fails to complete the Supply, Delivery, Installation<br />

and Commissioning of the offered system within the time period<br />

specified in the contract as per Clause no. 5 of this Section, the<br />

<strong>Nepal</strong> <strong>Telecom</strong> shall, without prejudice to its other remedies under<br />

the Contract, deduct from the Total Contract Price payable to the<br />

Contractor, as liquidated damages, a sum equivalent to 0.5% percent<br />

of the Total Contract Price for each week of delay until actual<br />

delivery/commissioning or up to a maximum deduction of 10% of<br />

the Total Contract Price. Once the maximum is reached, <strong>Nepal</strong><br />

<strong>Telecom</strong> may consider termination of the Contract.<br />

The Liquidity damage clause is imposed for the timely delivery and<br />

Commissioning of the goods/services. The calculation of LQD shall<br />

be done in weekly basis and for this purpose one week shall<br />

constitute seven days or less (i.e. even a delay of one day will be<br />

Bidder shall state as:<br />

Fully Compliant<br />

/Partially Compliant<br />

/Non Compliant<br />

Tender No. NDCL/19/066-67 for Supply, Delivery, Installation & Commissioning of the Over The Air (OTA) Platform<br />

System<br />

Page 21 of 54

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