Tender Forms 2013-14 Hospital Side - SN Medical College, Agra

indent ordered drug quantity, with fresh standard quality drugs, even if some part of the drug fromreceived stock stand consumed.9. That if by any error of reasons a product purchased by indentor in declared SUB STANDARD afterthe payment of his bill, the remaining stocks of the said batch shall have to be replaced by the supplierwithin the time frame given in notice by the purchaser in full quantity by the goods of standard qualityeven though some of the quantity may have been consumed.10. That in any case of disagreement about the judgment of indentor in returning supplies, an appeal withreasons can be made to the Principal whose decision on the matter shall be final.11. The payment to the supplier for the goods supplied by him shall ordinarily be made within 4-6 weekstime in manner :(a) Bills in triplicate shall be sent by supplier to the consignee and on receipt of this, afterverification of quantity and condition of the received stock indentor shall release the paymentaccordingly.(b) It shall be the responsibility of the indenter that before making final payment, heshould deduct all / any amount that the supplier is liable to pay to the purchaser under this orany other agreement.(c) The price charged for the stores supplied under the agreement or the rate quoted byhim for supply of medicine whichever is lower, shall in no event exceed the lowest price atwhich the contractor sells the stores of indentical description to any other person (s) duringthe said period of agreement. If at any time during the said period, the contractor reduced thesales price of such stores or sells such stores to any other person at price lower than the pricechargeable under this agreement, he shall forthwith notify such reduction in sale price to thePrincipal and price payable under the agreement for the stores supplied after the date ofcoming into force will be reduce price. The approved price in rate contract shall standcorrespondingly reduced.12. That packing cases, containers, gunny package, shippers etc. supplied to the purchaser, shall be theproperty of the purchaser and no payment shall be made to the supplier for this.13. That the supplier is not allowed any authority or rights to sublet the contract in full or in part. Thetenderer shall file an affidavit that the rates quoted by them for each item is lowest and not higher thanwhole sale price and under drug price control order.14. That in the event of the supplier has not supplied the stock being in strict accordance with theconditions herein contained or not being made within the time allowed the purchaser may deduct orlevy on supplier as liquidated damages and not by way of penalty, the sum of one percent of the valueof the said item/material for each and every day of default upto 25 days during which thecorrected/standard articles contracted are not supplied and/or replaced. Further the purchaser may thencan also purchase the required articles or any other suitable substitute to run the hospital from openmarket at the risk and cost of the supplier in addition to the aforementioned liquid damages.15. The Principal, S.N. Medical College Hospital, Agra, alone shall be entitled to adjudicate upon thedamages or compensations due for delay etc. and also shall be only authority to advise any punitive orcorrective action that need to be taken in the matter either independently or in consultation withcommittee under him. The Principal can order grant of extra time for making supplies, and alsocondone the whole or part of liquidated damage under clause 14. The Principals decision in anymatter shall be final, binding and conclusive and no appeal against such decisions shall lie beforeanyone.16. In case of non performance in any form or shape of any of the conditions of this contract, thePrincipal shall have power to annual, rescind or cancel this contract and upon his notifying in writingto the supplier that he has so done, this contract shall absolutely determine dead and thesecurity/earnest money deposited as security for the due performance of this contract may be forfeitedby him and upon his doing so the same shall become the property of the purchaser.17. That every dispute, difference or question which may arise between parties here to or any personclaiming under them, touching or arising out or in respect of this deed or the subject matter thereofshall be referred to the arbitration of the Principal or any person nominated by him in writing. It willbe no objection to any such appointment that the arbitrator so appointed is a Government Servant, thathe had to deal with the matters as to which the contract relates and that in the course of his duties asGovernment Servant he had expressed views on all or any of the matter in dispute or difference. In the