techinical specification for 33/11kv onan power ... - Cescoorissa.com

Force Majeure shall not include occurrences as follows :1. Late delivery of materials caused by congestion of Seller’s facilities or elsewhere,and oversold condition of the market, inefficiencies, or similar occurrences.2. Late performance by Seller and / or Sub-Seller caused by unavailability of rawmaterials, supervisors or labour, inefficiencies of similar occurrences.3. Mechanical breakdown of any item of Seller’s or its Sub-Seller’s equipment,plant or machinery.4. Delays due to ordinary storm or inclement weather or5. Non-conformance by Sub-Seller.Unless the delay arises out of a Force Majeure occurrence and is beyond bothSeller’s and Sub-Seller’s or Seller’s control and an alternate acceptable source ofservices, equipment or material is unavailable . Additionally, Force Majeure shallnot include financial distress of Seller or any Sub-Seller.30.02 In the event of either party being rendered unable by Force Majeure to perform anyobligation required to be performed by them under the Contract, the relativeobligation of the party affected by such Force Majeure shall be suspended for theperiod during which such cause lasts. Time for performance of the relativeobligation suspended by Force Majeure shall then stand extended by the period forwhich the cause lasts.30.03 Upon the occurrence of any Force Majeure event, the party so affected in thedischarge of its obligation shall promptly, but no later than seven (7) days givewritten notice of such even to the other party. The affected party shall make everyreasonable effort to remove or remedy the cause of such Force majeure or mitigateits effect as quickly as possible. If such occurrence results in the suspension of all orpart of the work for a continuous period of more than 10( ten) days, the parties shallmeet and determine the measures to be taken.30.04 Any delay or failure in performance by either party hereto shall not give rise to anyclaims for damages or loss of anticipated profits if and to the extent, such delay orfailure is caused by Force Majeure.31.0 EMBOSSING / PUNCHING / CASTING:31.1 The all equipments and materials supplied shall bear distinct mark of “Name of theCESU, PO Order No. & Date” by a way of embossing / punching / casting etc. Thisshould be clearly visible to naked eye.31