T000003547_FileName_BHILAI FO Tender ... - Bharat Petroleum

13. SUB-CONTRACTING & CHANGE IN CONSTITUTION OF FIRM /OWNERSHIP OF T/LSIN CONTRACT(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with its right, title andinterest under this Agreement for any reason whatsoever, or change the ownership of / theirright on the Tank Lorries.(b) The Carrier shall not cause or allow any change in the constitution of its firm withoutobtaining the prior written consent of the Company.14. NON PERFORMANCE, FORCE MAJEURENeither party to this Agreement shall be liable for the non-performance of any of its obligationsunder this Agreement so far as such non-performance is occasioned by conditions of the forcemajeure. The Force Majeure means natural calamities like floods, earthquake and other actsof God and riots, etc. The affected party shall give the notice of occurrence of any suchcalamities within a period of 24 hours of occurrence of such calamities. The performance ofthe respective obligations of the parties under this Agreement shall be resumed as soon suchcalamities, which have resulted in the non-performance, cease to occur.15. DAMAGES TO CORPORATION’S PROPERTY / EMPLOYEE(a) The Carrier shall remain at all times liable to the Corporation for any loss or damagecaused to any building, plant, machinery or the property of the Corporation due tocareless, negligent, inexperienced act or default of the Transporter(s), his/their agents,representative or employees.(b) The Corporation shall be the sole judge as regards the quantum of loss or damageand it shall be entitled to deduct from the amounts payable hereunder to the Carrier’s thecost of repairs or the amount of loss or damages.(c) The Carrier shall be liable for any loss, any injury to Corporation’s employee/agentsdue to careless, negligent, inexperienced act or default of the Transporter(s), his/theiragents, representatives or employees.16. BLACKLISTING OF TRANSPORTER/TANK-LORRYThe Corporation reserves the right to black-list the transporter/ trucks which are suspectedto be indulging in any sort of malpractices or any other acts not conducive to the interestof the Corporation such as misbehaviour, dishonesty, disobedience, pilferage etc as pertransport discipline guidelines. Such trucks shall be suspended from the business withoutgiving any reasons and in all such cases no compensation shall be paid to the Carrier.17. TENURE OF CONTRACT, TERMINATION(a) This Agreement shall be valid for period of two years with effect from the date of award ofcontract with an option at the sole discretion of Company to extend the same up to 1 (one)year on same terms and conditions.(b) The Company reserves the right to terminate this Agreement by giving 60 days advancenotice without being liable to give any reason or pay any compensation.(c) The Agreement, terms & conditions of the contract shall be binding on the carrier from thedate of intention of award of contract is made to the party irrespective of the fact as to theactual date of execution of this Agreement and Deed.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 25