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Bid Document Request for Proposal (RFP) For Online Monitoring ...

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Page 24 of 40<br />

CHAPTER 4<br />

GENERAL TERMS AND CONDITIONS OF THE CONTRACT<br />

4.1 Scope of Work<br />

The scope of work of this contract will include all the services detailed in Chapter 2.<br />

4.2 Terms of Payment<br />

a) 25% advance against Bank Guarantee (Annexure-F)<br />

b) 75% proportionately as per the delivery of work mentioned in financial bid Annexure-D<br />

c) 15% on launch<br />

d) 10% on end of warranty period<br />

During this warranty period, it is essential that all complaints from the end user<br />

regarding per<strong>for</strong>mance / shortcoming of the installed systems are resolved to the full<br />

satisfaction of owner. Advance shall be adjusted proportionately from the progressive<br />

payments.<br />

e) Payments shall be subject to deductions of any amount <strong>for</strong> which the vendor is liable under<br />

the agreement against this contract. Further, all payments shall be made subjects to<br />

deduction of TDS as per the prevailing Income Tax Act and any other taxes as on the date<br />

of invoice submission and/or payment date, whichever is higher.<br />

f) All payments shall be made in Indian Rupees only.<br />

g) All relevant proof of delivery duly signed by the concerned officer at REC various offices,<br />

Per<strong>for</strong>mance Bank Guarantee (clause 3.17) etc. to be submitted by the Vendor <strong>for</strong><br />

processing payment.<br />

4.3 Liquidated damages (LD) FOR DELAYS<br />

a) Time is essence of the contract. The successful bidder must supply, install, test and<br />

commission all the equipment as well as software within 60 days of issue of the order.<br />

Failure to supply or commission all or some of the equipment(s) as well as software on or<br />

be<strong>for</strong>e the stipulated date will entail a LD at 5% of order value, if the delay is <strong>for</strong> one<br />

week, and maximum limit of 10% if the delay is <strong>for</strong> two weeks and shall be recovered<br />

from the supplier. In such cases, Company also reserves the right to cancel the order and<br />

<strong>for</strong>feit the per<strong>for</strong>mance guarantee and may also debar the supplier from future<br />

purchases. On placement of order, EMD will be taken as part of the per<strong>for</strong>mance<br />

guarantee. LD can be recovered from any dues of the party.<br />

b) In the case of delay in compliance with the order beyond 10 days of the stipulated time<br />

period, REC will have the right to cancel the order & <strong>for</strong>feit the EMD/ revoke the<br />

per<strong>for</strong>mance/ any other bank guarantee etc.<br />

c) In addition the bidder shall also be liable to pay REC a cancellation charge of 2% of the<br />

order value in addition to the penalty as per 4.3(a) above. In case of non-payment of<br />

cancellation charges REC reserves the right to realize the same from security deposits of<br />

the bidder, if any, already available with them. In such a situation, REC will complete the<br />

execution of incomplete orders through alternate sources at the risk and cost of the<br />

defaulting vendor.

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