T000003547_FileName_BHILAI FO Tender ... - Bharat Petroleum

Technical BidAnnexure-4(On Non-Judicial Stamp Paper as prescribed in the respective State)BANK GUARANTEE1) In consideration of Bharat Petroleum Corporation Limited having its registered office atBharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 (hereinaftercalled "The Company" having agreed to exempt M/S ____________________(Hereinaftercalled "the said Transporter(s)") from the demand under the terms and conditions of anAgreement dated ___________ made between _________________ theCompany______________ and the Transporter(s) ____________for (hereinafter called"the said Agreement") of the Security Deposit for the due fulfilment by the saidTransporter(s) of the terms and conditions contained in the said Agreement on productionof Bank Guarantee for Rs. _________ (Rupees ________________ only), We____________________(name of Bank) (hereinafter referred to as "Bank") at the requestof M/s ______________________ (Transporter) do hereby undertake to pay to theCompany an amount not exceeding Rs__________________(Rupees ______________only) against any loss or damage caused to or suffered or would be caused to or sufferedby the Company by reason of any breach by the said Transporter(s) of any of the termsand conditions contained in the said Agreement.2) We ______________ (name of the Bank) do hereby undertake to pay the amounts dueand payable under this guarantee without any demur, merely on a demand from theCompany stating that the amount claimed is due by way of loss or damage caused to orwould be caused to or suffered by the Company by reasons of breach by the saidTransporter(s) of any of the terms and conditions contained in the said agreement or byreason of the Transporter’s failure to perform the said Agreement. Any such demand onthe Bank shall be conclusive as regards the amount due and payable by the bank underthis guarantee. However, our liability under this guarantee shall be restricted to an amountnot exceeding Rs. _________________ (Rupees _________________ only).3) We undertake to pay to the Company any money so demanded notwithstanding anydispute or disputes raised by the Transporter(s) in any suit or proceeding pending beforeany Court or Tribunal or Arbitrator relating thereto our liability under this present beingabsolute and unequivocal. The payment so made by us under this guarantee shall be avalid discharge of our liability under this guarantee for payment there under and theTransporter(s) shall have no claim against us for making such payment.4) We______________ (name of Bank) further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for theperformance of the said agreement and that it shall continue to be enforceable till all thedues of the Company under by virtue of the said Agreement have been fully paid and itsclaims satisfied or discharged or till the Company certifies that the terms and conditions ofthe said Agreement have been fully and properly carried out by the said Transporter(s)and accordingly discharge this guarantee. Unless a demand or claim under this guaranteeis made on us in writing on or before _____________ we shall be discharged from allliabilities under this guarantee thereafter.5) We _______________________ (name of Bank) further agree withthe________________ Company that the Company shall have the fullest liberty withoutour consent and without affecting in any manner our obligations hereunder to vary any ofthe terms and conditions of the said Agreement or to extend time of performance by thesaid Transporter(s) from time to time or to postpone for any time or from time to time anyT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 31