TENDER NOTICE NO. NESCO/ CAPEX/SUPPLY & INSTALLATION ...

28.02 In the event of either party being rendered unable by Force Majeure to perform any obligation required to
be performed by them under the Contract, the relative obligation of the party affected by such Force
Majeure shall be suspended for the period during which such cause lasts. Time for performance of the
relative obligation suspended by Force Majeure shall then stand extended by the period for which the
cause lasts.
28.03 Upon the occurrence of any Force Majeure event, the party so affected in the discharge of its obligation
shall promptly, but no later than seven (7) days give written notice of such even to the other party. The
affected party shall make every reasonable effort to remove or remedy the cause of such Force majeure or
mitigate its effect as quickly as possible. If such occurrence results in the suspension of all or part of the
work for a continuous period of more than 10(ten) days, the parties shall meet and determine the
measures to be taken.
28.04 Any delay or failure in performance by either party hereto shall not give rise to any claims for damages or
loss of anticipated profits if and to the extent, such delay or failure is caused by Force Majeure.
29 EMBOSSING / PUNCHING / CASTING
29.1 The all equipments and materials supplied shall bear distinct mark of “NESCO”, PO Order
No. & Date” Serial No. by a way of embossing / punching / casting etc. This should be clearly visible to
naked eye.
30.0
30.01
THE LAWS AND JURISDICTION OF CONTRACT:
The laws applicable to this Contract shall be the Laws in force in India.
30.02
All disputes arising in connection with the present Contract shall be settled amicably by mutual consultation failing
which shall be finally settled as per the rules of Arbitration and Conciliation Act, 1996 at the discretion of Purchaser.
The jurisdiction of arbitration shall be at Balasore, Orissa, India.
31.0 INDEMNIFY
31.01 The Vendor, its successor and assignee shall indemnify the Purchaser, its successor and assignee from all
current & future liabilities that may arise out of purchase contract(s) entered into between the vendor &
the Purchaser.
Dy. General Manager (Purchase & Store)
NESCO, Balasore, Odisha
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