TERMS AND CONDITIONS SUBMISSION OF TENDERS ... - SFCI

TERMS AND CONDITIONSSUBMISSION OF TENDERS, DEPOSIT OF EARNEST MONEY ANDSECURITY DEPOSIT:-1.1 Tenderers must fill their rates both in words and figures in this tenderform and return after duly signed in token of acceptance of theconditions laid down herein.Further tenders should be submitted for each item seperately in a sealedenvelope alongwith requisite amount of earnest money equal to 5% ofthe estimated total amount of the tender.1.2 No alternations should be made to any of the Terms and Conditions ofthe tender by scoring out, altering or over-writing and no alternations arepermitted in their rates. No alternations will be allowed after the tenderis received by this Office. Ambiguity must be avoided in filling tender.The tenders not complying with these conditions will be rejected.1.3 Tenderers are required to deposit 5% of the tender value for each itemas EARNEST MONEY with the Corporation in the following manner:-(a)(b)In cash: this should be deposited in cash or money order directly withthe Joint Manager (Finance), State Farms Corporation of India Ltd.,Farm Bhavan, 14-15 Nehru Place, New Delhi-19. Cheques will not beaccepted.The cash receipt issued by the Corporation must be attached withtender documents..(a) Pay Orders(2) Demand DraftsThese may be drawn on any nationalized bank be made payable atDelhi/New Delhi favouring “State Farms Corporation of India Limited”.© Offers without Earnest Money will be rejected.(d)Small Scale Industries registered with National Small IndustriesCorporation under single point registration scheme are exempted fromdepositing Earnest Money. Further such small Scale Industries will besupplied tender forms free of cost. The above facilities are extendedto such Small Scale Industries which produce attested Photostatcopies of their Registration Certificate. They are also required to quotetheir registeration number for obtaining tender documents free of cost.

4.4 No understanding or commitment given by or made by any Officer of theCorporation, verbally or in writing shall have any effect on this contract in anymanner unless it is signed by the Officer who has signed the Contract.5. INSPECTION AND PACKING5.1 In case of Jute goods, like D.W.Jute Canvas bags, D.W.Tarpauline bags, B-Twill bags, D.W.Flour bags, Polycoated Jute Canvas bags and HDPE bagsetc. unless otherwise specified in the contracts, pre-inspection shall becarried out by an Agency which will be appointed by Corporation(irrespectiveof I.S.I.Marked bales.)5.2 The Supplier shall supply to the State Farms Corporation of India Limited onrequest reports as to the progress of supplies. Any delay or anticipated delayshall be reported from time to time together with full reason thereof.5.3 If supplies are delayed due to cause beyond the reasonable control of thesupplier and whether such delay or impediment occur before or after the timeof delivery an extension of time shall be granted at the sole discretion of SFCItaking into account all factors.6.SUPPLIES AS PER SPECIFICATIONS6.1All supplies shall be to the description and to the specifications laid down andstrictly in-accordance with the approved samples, if any. Deviations, if any,should be clearly brought out , failing which it will be presumed that the goodsoffered are not as to our requirements. Any special features may also beclearly brought out. The decision of the Corporation shall final as to the qualityof supplies received and binding upon the supplier and in case of any otherarticle supplies not being approved shall be liable to be rejected.6.2If Corporation require any changes in specifications, the supplier shall use hisbest endeavour to comply with Corporation’s wishes subject to fair adjustmentof prices and delivery schedule where are appropriate.6.3 If at any time during the terms of this contract, the plan of the Corporationchanges for any reasons the purchaser shall have the right to terminate oralter his contract by sending fifteen days notice to the supplier byRegistered letters. In respect of such of the material that is complete andready for despatch within thirty days of such notice, the Corporation agreesto accept delivery thereof at the contract price and terms.

7. CONSEQUENCE OF NON-SUPPLY AND DAMAGES:7.1 All risks of losses, damages or depreciation to goods shall be upon thesupplier until the material is delivered at site in accordance with theprovisions of Contract.7.2 Assuming that if the supplier fails to deliver any or all the material coveredby the contract, the purchaser reserves the right, in addition to other legalremedies, to cancel the contract or any portion and hold the supplierliable for all damages sustained by virtue of said cancellation and failingto perform the contracts.7.3 In the event of the supplier failing to complete supplies in time oraccording to the approved specifications, the Corporation reserves theright to make such arrangements as it deem fit for the completion of thesupplies on account of the sole risk and costs of the supplier.7.4 In case, the goods are not supplied according the specifications and it isdecided to retain the inferior goods at the discretion of the Corporation,the supplier will be entitled to receive the payment at the rate fixed by theCorporation after making into consideration, the un-satisfactory quality ofthe material supplied and not at the rate mentioned in the order.7.5 The time allowed for delivery of goods shall be deemed to be essence ofcontract. In case the goods are not delivered within the stipulated period,the Corporation reserves the right to recover the liquidate damages asum equal to 2% of the contract price of the undelivered material perweek or part thereof subject to the maximum 15% of the value of theundelivered material. The Corporation also reserves the right to cancelthe purchase order in7.6 Case, supplies are delayed beyond the scheduled date of delivery and tomake such arrangements as it may think fit for the completion of supplieson account and at the risk of the supplier. The additional expenses thusincurred together with the liquidated damages shall be recovered from thesupplier out of their security deposit/earnest money or any other amountdue to him or otherwise.7.7 In case the material fails in final testing the Corporation reserves the rightto impose penality as it deem fit.8. PAYMENTSAll invoices shall be prepared in duplicate to and shall be signed by thesupplier or his authorized agent. Every invoice shall bear a certificate thatmaterial covered by the invoice has been inspected by the authorized

epresentative of SFCI /Authorised Agency before despatch and confirm inevery way to the contract specifications and it packed in accordance withthe contract requirement and further that the invoice is correct in allrespects and no other invoice has been rendered previously in respect ofthe articles charges in the particular invoice. The invoice shall be sent intriplicate to the Head office of the Corporation.8.1 Unless otherwise specified in the contract 90% payment shall be madeagainst proof of delivery of material at destinations and balance 10% afterfull receipt of goods at the destination in good conditions.8.2In case of small scale anciliary units having single point RegisterationCertificate issued by NSIC , 95% of the payment will be made on proof ofdelivery of goods and remaining 5% after receipt of normal goods received notefrom the consignee.9FOREFEITUE AND REFUND OF THE EARNEST MONEY/SECURITYDEPOSIT9.1.In case the selected tenderer does not supply the goods at the quote rateswithin the period of contract and commits breach of any one or more of theseTerms and Conditions, the Earnest Money/Security deposits by the tendererswill be forefeited by the Corporation.9.2 Earnest money of the un-successful tenderers shall be refunded withoutinterest within a reasonable period from the date of decision regarding thetenders.9.3 The Earnest /security Money deposited by successful tenderer shall beretained by the Corporation till three months after the expiry of the contractperiod i.e. six months from the date of acceptance of the tender or the dateof which the supply is completed , including the supply which may arise inconsequences or repeat orders placed during the six months for which therates quoted are to remain valid.9.4 On due performance and completion of the order in all respects during thecontract period, the security deposit will be refunded to the contract orwithout any interest within a period of three months with effect from the dateof receipt of request of this effect from the supplier.9.5 The clause no.9.1 is to be read in conjection clause No.7.5 of the tenderdocument inter-alia the forefeiture of the security will be in addition to theliquidated damages in case there is any breach of contract of the supplier.10.SETTLEMENT OF DISPUTES

10.1 Any difference or dispute arising out of or in connection with this tender oracceptance thereof or the contract that may be entered inconsequencethereof, shall be decided by arbitration. The Managing Director of SFCI orhis nominee shall be the sole arbitrator and the arbitrator’s decision shall befinal and binding on the parties. The nominee may be an Officer of theCorporation. The tenderer will have no objection to such appointment oranyground whatsoever including that the such nominee in his officialcapacity dealt with the matter at any stage.10.2 The parties hereby agree that in the event of Any disputes no cause ofaction shall arise in their favour to approach any court unless they haveresorted in an exhausted the remedy of arbitration as envisaged above.10.3 The parties also do hereby agree that the contract envisaged by theseterms and conditions shall be deemed to have been entered into at Delhiand the Courts at Delhi alone will have jurisdication to try any legalproceedings which may arise out of the contract. Neither party shall file anyproceeding in any other court.