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closing the contract.
DOCUMENT NO. KVE/CAD/0513/001
2.21.5 Bidders shall adhere to the material movement and security procedures of
BHEL.
2.21.6 Bidders shall not utilize services and/or infrastructure/facilities of of BHEL &
its employees for carrying out contract jobs in any manner whatsoever. In
case of any breach of this condition, the contract shall be terminated
forthwith without any prior notice, or assigning any reason at the sole
discretion of BHEL.
2.21.7 The obligation stipulated in this specification can only be suspended in the
case of any particular item of work, in the event of Force Majeure or as the
result of an agreement between the parties. In the event of Force Majeure,
neither of the parties may be considered in default of its obligations under
the terms of this tender.
Force Majeure is hereby defined as any cause which is beyond the control of
the Bidder or BHEL, as the case may be, which they could not foresee or with
a reasonable amount of diligence could not have foreseen and which
substantially affect the performance of the contract, such as:
• Natural phenomena including, but not limited to, floods, droughts,
earthquakes and epidemics;
• Acts of any government, domestic or foreign, including, but not limited
to, war, declared or undeclared, priorities, quarantines, embargoes;
provided either party shall within fifteen (15) days from the occurrence
of such a cause notify the other in writing of such cause.
2.21.8 BHEL shall have the right to terminate the contract in full or part/revoke the
empanelment , after due notice and forfeit the Security Deposit and recover
the loss sustained in getting the balance work done through other agencies
in addition to liquidated damages/ penalty in the event of:
• Bidder's continued poor progress.
• Withdrawal from or abandonment of the work before completion of
the work.
• Corrupt act of the Bidder.
• Insolvency of the Bidder.
• Persistent disregard of the instructions of BHEL.
• Assignment, transfer, subletting of the contract work without BHEL’s
written permission.
• Non-fulfillment of any contractual obligations.
• Violation of paper compliances made during empanelment or any
information furnished during empanelment, found untrue.
2.22 Warranty Period & Annual Maintenance Charges
2.22.1 The deliverables of the work contract shall be warranted for support for a
period of twelve (12) months from its installation and acceptance at BHEL.
In case of any errors/bugs observed during the operation of this module
during this period, the Bidder shall render their services without any
additional cost for repair / rectification of the same within the time as
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