industrial development corporation of odisha limited - Tender

36. The billing shall be done for the quantity actually dispatched from the Mine.( 10 )37. All the refunds shall be made by Demand Drafts drawn in favour of thebeneficiaries after deducting the bank commission paid for obtaining the D.D andthe postal / courier charges.38. No verbal agreement or inference from conversations with any officer oremployee of M/s. IDCOL, M/s. IKIWL or of the Roida ‘C’ Mines either before orafter the issue of advertisement of the Tender Call Notice shall in any way affector modify the terms and conditions specified herein.39. The successful bids are not transferable.40. The decision of the CMD., IDCOL shall be final on any disputes or differencesunder or arising out of the above deal.41. After allotment of the offered quantity to the H1 Bidder in accordance with theprovisions in Para 3, the left out quantity will be offered for sale to all the biddersincluding H1, at H1 price. However, the Management of IKIWL/IDCOL reservesthe right to discuss / negotiate with the bidders for disposal of the said left overquantity keeping the provisions of Para 3.42. Arbitration : That in case of disputes between the parties, the matter shall bereferred to the arbitration of Chairman-cum-Managing Director of the IndustrialDevelopment Corporation of Odisha Limited, IDCOL House, Ashok Nagar,Bhubaneswar or to an arbitrator nominated by the Chairman-cum-ManagingDirector of the I.D.C. of Odisha Limited in case the said Chairman-cum-ManagingDirector for any reason is not in a position to arbitrate. The award of the arbitratorshall be final, binding and conclusive.That, in all cases the arbitration proceedings shall be conducted atBhubaneswar or in the Factory Site of IKIWL at Barbil and at no other place.That, all legal proceedings in any manner arising out of or in relation to thecontract between the parties can only be initiated in a court of law situated withinthe territorial jurisdiction of the State of Odisha and none of the parties shall havethe liberty of initiating any legal proceedings any where beyond the territorial limitsof the State of Odisha.43. Force Majeure : This order is subject to force Majeure clauses and theperformance of the contract either wholly or in part will be governed by thestandard force majeure clauses. Any failure of the contract due to strike, cyclonesetc. and all other causes beyond the control of the Company, IDCOL / IKIWL shallnot be responsible for the same in any manner whatsoever.44. The management of IDCOL reserves the right to accept / defer / reject / cancelany or all the bids at any stage without assigning any reason. No damage orcompensation shall be payable to any bidder for the alleged loss suffered bythem due to such rejection.HEAD (COMMERCE)