Western Railway - Indian Railway

15.1 Should the rejected articles be returned to suppliers or consigned at his request to any
other station both inward and outward freight thereon will be calculated at public tariff
rate. Should rejected material be taken over by a local agent on behalf of the supplier
and should the said article have been originally booked by the supplier freight "To Pay"
the proportionate inward freight on rejected material will be recovered from the vendor at
public tariff rate.
16 Taxes and Duties are permissible only on the price for delivery at the place of removal
and not on cost of transportation to other places of delivery. The purchaser will not be
responsible for payments of taxes and duty paid by the suppliers under misapprehension
of law and in such cases even if the suppliers bills contain an element of tax or duty
which is not payable by the purchaser, such payments will be disallowed.
17 Book Examination Clause -
(1) The contractor shall whenever called upon and requiring to be produce or cause to
be produced for examination by any Government Officer duly authorised in that behalf
any cost or other account book of account, voucher receipt, letter, memorandum, paper
or writing or any copy of or extract from any such documents and also furnish
information any wise relating to such transaction and procedure before the duly
authorised Government Officer returns verified in such manner as may be required
relating in any way to the execution of this contract or relevant for verifying or
ascertaining the cost of execution of this contract(the decision of such Government
Officer on the question of relevancy of any document information of returns being final
and binding on the parties).
The obligation imposed by this clause is without prejudice to the obligation of the
contractor under any statute, rules or orders shall be binding on the contractor.
(2)The contractor shall, if the authorised Government Officer so requires (whether before
or after the prices have been finally fixed), afford facilities to the Government Officer
concerned to visit the contractor's works for the purpose of examining the processes of a
manufacture and estimating or ascertaining the cost of production of the articles. If any
portion of the work be entrusted or carried out by a sub-contractor or any or its
subsidiary of allied firms or company, the authorised Government Officer shall have the
power to examine all the relevant book of such sub-contractor or any subsidiary of allied
firm or company shall be opened to his inspection as mentioned in clause (I)
(3) If on such examination, it is established that the contracted price is in excess of the
actual cost plus reasonable margin or profit, the purchaser shall have the right to reduce
the price and determine the amount to a reasonable level.
Where a contract provides for book examination clause, the contractor or its agency is
bound to allow examination of its books within a period of 60 days from the date the
notice is received by the contractor or its agencies calling for the production of
documents as under Clause (I) above. In the event of contractor's or his agencies failure
to do so, the contract price would be reduced and determined according to the best
judgement of the purchaser, which would be final and binding on the contractor and his
agencies.
TENDERER’S SIGNATURE for CE/TMC/CCG 12
WITH RUBBER STAMP
WESTERN RAILWAY
for and on behalf of President of India