GENERAL CONDITIONS OF TENDER ENQUIRY1. The tender (in English language only) for supply, installation, commissioning andmaintenance <strong>of</strong> LED Price Display Boards, be submitted along with detailed specifications. Atechnical leaflet/brochure/literature is also required to be enclosed along with list <strong>of</strong> names<strong>of</strong> <strong>of</strong>fices/users to whom similar types <strong>of</strong> LED Price Display Boards have been supplied in<strong>India</strong>.2. The tenderer may please note that the tender once submitted will not be altered in anycase and should not have any scope <strong>of</strong> ambiguity, cutting or overwriting. In case <strong>of</strong>overwriting/cutting if any, it must be authenticated with signature <strong>of</strong> the tenderer.3. No quotation will be considered which is received after the DUE DATE that is the lastdate and time for receiving the tenders.4. This is an ENQUIRY and must not be treated as an ORDER.5. Any order resulting from this enquiry shall be governed by the following terms andconditions in addition to those mentioned in the order.6. Where counter terms and conditions have been <strong>of</strong>fered by the supplier, the purchasershall not be governed by them unless specific acceptance has been given in writing in theorder by the purchaser.7. <strong>MCX</strong> has the right to reject any or all the tenders received in part or full, withoutassigning <strong>of</strong> any reason there<strong>of</strong>.8. <strong>MCX</strong> has the right to cancel the enquiry or extend the due date <strong>of</strong> receipt <strong>of</strong> quotationwithout assigning any reason there<strong>of</strong>.9. Late/Delayed <strong>of</strong>fers will be rejected.10. FORCE MAJEURE CLAUSE: Neither <strong>MCX</strong> (the purchaser) nor the supplier shall be heldresponsible or considered to be in default if the execution <strong>of</strong> the contract isdelayed/interrupted due to the cause absolutely beyond their control, such as, acts <strong>of</strong> God,natural calamities, war, non-availability <strong>of</strong> the above materials, major civil commotion, fire,storms, strikes and floods. However, only these causes which continue uninterruptedly formore than 7 days are considered as being causes or force majeure. In such an event,either party shall not compensate the other for the loss that might accrue or might haveaccrued because <strong>of</strong> the effect <strong>of</strong> such event upon the execution <strong>of</strong> the contract. If thesupplier is unable to perform the contract beyond 7 days due to the reasons attributable t<strong>of</strong>orce majeure conditions, <strong>MCX</strong> reserves the right to make immediate arrangements forengaging another supplier(s) for the same work without being liable to the original supplier.11. ARBITRATION: All question(s), dispute(s) or difference(s) <strong>of</strong> any kind whatsoeverarising out <strong>of</strong>, or relating to the contract shall be referred within 30 days by the parties tothe contract for decision to sole arbitrator, who shall be the Managing Director <strong>of</strong> <strong>MCX</strong> orany other Officer <strong>of</strong> <strong>MCX</strong> nominated by the said Managing Director in that behalf. In theevent <strong>of</strong> such an arbitrator to whom the matter is originally referred, is transferred orvacates his <strong>of</strong>fice by resignation or otherwise or refuses to act or is incapable <strong>of</strong> acting forany reasons whatsoever the Managing Director shall appoint another person(s) to act asarbitrator in his place in accordance with the terms <strong>of</strong> the contract. Such person(s) shall beentitled to proceed from the stage at which his predecessor left it.There will be no objection to any such appointment that the arbitrator appointed is anOfficer <strong>of</strong> <strong>MCX</strong> or that he had hand to deal with the matter to which his contract related or14
that in the course <strong>of</strong> his duty as such Officer he has expressed views on all or any <strong>of</strong> thematters in dispute or difference. No person other than the Managing Director or hisnominee can act as arbitrator.The venue <strong>of</strong> arbitration shall be at Mumbai only. The award <strong>of</strong> the arbitrator shall be finaland binding on the parties.Subject to the above, the provision <strong>of</strong> Arbitration and Conciliation Act, 1996 and the rulesthere under and the statutory modifications there<strong>of</strong> shall govern such arbitrationproceedings and shall be deemed to apply and be incorporated in the contract.Any dispute, if it arises at any point <strong>of</strong> time out <strong>of</strong> arbitration, shall have jurisdiction <strong>of</strong> theCourt <strong>of</strong> Mumbai, Maharashtra.12. APPLICABLE LAWS: The <strong>India</strong>n laws will be applicable in all matters.13. JURISDICTION OF THE COURT: Only the Court at Mumbai, Maharashtra havingoriginal jurisdiction to entertain suit shall have jurisdiction to receive and decide anyapplication/applications under the Arbitration and Conciliation Act, 1996 and no other courtshall have any jurisdiction whatsoever.14. The successful bidder is required to deposit the amount <strong>of</strong> Security Deposit or BankGuarantee (BG) in lieu <strong>of</strong> the said Security Deposit, as per Annexure IV from a scheduledcommercial bank, within 7 days <strong>of</strong> receipt <strong>of</strong> communication regarding award <strong>of</strong> the work.The Earnest Money deposited will be adjusted towards the said security deposit or refundedin case <strong>of</strong> production <strong>of</strong> BG in lieu <strong>of</strong> Security Deposit. The successful bidder is also requiredto submit stamped undertaking as per Annexure III. Failure to comply with the aboveterms within the prescribed time <strong>of</strong> seven days would result in cancellation <strong>of</strong> the award <strong>of</strong>the contract and forfeiture <strong>of</strong> the EMD.15