7. Providing services for Industrial Canteen at ONGC Mangalore ...

the CONTRACTOR to obtain a certificate from the appropriate Tax Authority fordeduction at a specific rate / deduction at lower or nil rate as applicable. In the absenceof the same, OWNER would be free to effect deduction on a fair judgement basis as perinterpretation of the tax rate applicability followed by the OWNER. However, OWNERwould furnish necessary certificates for amount of taxes so remitted. Besides, theCONTRACTOR shall indemnify the OWNER against taxes which become payable by theOWNER on behalf of the CONTRACTOR on account of statutory or contractual reasons.Besides, Income Tax TDS & withholding Taxes if applicable would be deducted from theamounts payable to the CONTRACTOR as per applicable statutory provisions unless it isspecifically agreed otherwise elsewhere in the contract.Any statutory variation or new taxes/ duties/cess/levies notified/ imposed after thesubmission of last/ final price bid but before the contractual date of completion of workshall be to OWNER’s account. However, any statutory variation after the contractualdate of completion shall be to CONTRACTOR’s account.It shall be the responsibility of the Contractor to provide the requisite particulars anddocuments to the Customs and other Government authorities and get the materialscleared and transported in time. Contractor shall be fully responsible for port andCustoms clearance including stevedoring, handling, unloading, loading, storage, inlandtransportation, if any of materials, equipments and plant to storage godown(s), yard (s),Sites(s) etc. Contractor shall be fully responsible for any delays, penalties, charges andlosses, if any, in this regard.OWNER shall upon request from the Contractor along with necessary details, providerecommendatory letters(s) as per Performa prescribed for SEZ projects for obtainingnecessary Certificate(s) from SEZ or equivalent authority for availing theconcessions/exemptions for import of materials, consumables and spares for the worksetc., wherever applicable. OWNER shall upon request from the Contractor along withnecessary details, provide such recommendatory letters(s) for sub contractor(s) of themain Contractor also, provided the sub contractor’s name is appearing in the Contract.However, the responsibility of obtaining necessary Certificate shall be lie with theContractor.The Contractor shall also forward clarifications to queries / further information sought byall authorities, if any, with regard to issuance of Essentiality Certificate.The Contract price is inclusive of income tax and withholding tax leviable under incometax laws and double taxation avoidance treaty applicable and the payment shall bemade to the Contractor after deducting such taxes by the Owner. Necessary certificatesshall be issued by the Owner for amounts so deducted. However, the Contractor'sresponsibility to undertake compliance with all statutory provisions under any law wouldremain with them.The Contractor shall indemnify the OWNER against taxes which become payable by theOWNER on behalf of the Contractor on account of statutory or contractual reasons. Suchrecoveries if any can be made from payments under any of the contracts between theOWNER and the Contractor.Should the CONTRACTOR fail to provide the required descriptive catalogues, literature,Drawing Packing list, invoices or any other document required to avail the SEZ benefitsto concerned authorities / agencies and should any taxes which are exempted underSEZ be assessed and levied due to such failure or any other reason attributable toCONTRACTOR, the same shall be solely to the CONTRACTOR’s account.The Contractor is required to undertake all the formalities related to import and reexportof construction equipment.It shall be the sole responsibility of the Contractor to assist the Owner / PMC for 2 (two)year from Final Completion of the Contract for answering / resolving the queries /Page 10 of 74