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b-1 tender form - Maharashtra Industrial Development Corporation

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27<br />

specifications, drawings, designs or instructions under clause 14(1)<br />

where such curtailment exceeds 25% in quantity and the value of the<br />

quantity curtailed beyond 25% at the rates for the items specified in the<br />

<strong>tender</strong>ed is more Rs. 5000/-<br />

It shall be open to the contractor within 90 days from the service of..<br />

i. The notice of stoppage of work or<br />

ii. Other notice of withdrawal from the contractual obligations under the<br />

contractor on account of the continued suspension of work or :<br />

iii. Notice under clause 14(1) resulting in such curtailment to produce to the<br />

Engineer satisfactory documentary evidence of that he had purchased or<br />

agreed to purchase material for use in the Contracted work before<br />

receipt by him of the notice or stoppage suspension or curtailment &<br />

require the Govt. to take over on payment such material at the rates<br />

determined by the Engineer.<br />

MIDC shall therefore take over the excess of the requirements of the<br />

unexecuted work as specified in the accepted <strong>tender</strong> at and are of quality and<br />

specifications approved by the Engineer.<br />

CLAUSE 15 A : No claim to compensation on account of loss due to<br />

delay in supply of material by MIDC : The contractor shall not be entitled to<br />

claim any compensation from MIDC for the loss suffered by him on account of delay<br />

by MIDC in the supply of materials entered in Schedule ‘A’ where such delay is<br />

caused by :<br />

i. Difficulties relating to the supply of railway wagons.<br />

ii. Force majeure.<br />

iii. Act of God.<br />

iv. Act of enemies of the state or any other reasonable cause beyond the control of<br />

MIDC.<br />

In the case of delay in the supply of materials MIDC shall grant such<br />

extension of time for the completion of the works as shall appear to the Exe.<br />

Engineer to be reasonable in accordance with the circumstances of the case. The<br />

decision of the Executive Engineer (E&M) as to the extension of time shall be<br />

accepted as final by the contractor.<br />

CLAUSE 15 B : Time limit for unforeseen claims : Under no circumstances<br />

whatever shall the contractor be entitled to any compensation from MIDC on any<br />

account unless the contractor shall have submitted a claim in writing to the<br />

Engineer-in-charge within one month of the cause of such claim occurring.<br />

CLAUSE 16 : Action and compensation payable in case of bad work : If<br />

any time before the security deposit or any part thereof is refunded to the contractor<br />

it shall appear to the Engineer-in-charge or his subordinate in charge of the work,<br />

that any work has been executed with unsound, imperfect or unskillful<br />

workmanship or with materials of inferior quality or that materials or articles<br />

provided by him for the execution of the work are unsound, or of a quality inferior<br />

to that contracted for, or are otherwise not in accordance with the contract, it shall be<br />

Contractor.<br />

Executive Engineer(E&M).

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