However, purchaser will ensure that all safety precautions are taken during dismantling /removal process as per terms of <strong>OF</strong>A Document.24.5 For the purpose of dismantling the structure and lifting the material, the SBs will engagetheir own labour and transport at their cost and risk from the area allotted to them withinthe prescribed time limit permitted by EA, SAIL-ISP or his authorised representativedepending upon the condition prevailing in the area. The SBs shall dismantle and lift thematerial from the area as may be earmarked by EA, SAIL-ISP or his authorisedrepresentative from time to time, which shall be final and binding on them. SBs shallobserve the rules and regulations and working hours as may be fixed by EA, SAIL-ISP orhis authorised representative. The SBs shall lift the materials only after fulfilling the termsof payment of the Online Auction and after obtaining the Delivery Order issued by SAIL-ISP. The SBs shall follow the procedure for taking the materials out of the premises ofSAIL-ISP as prevailing, within the time allowed for the purpose. SBs should note that nolifting of material will be allowed on weekly holidays and / or closed holidays observed bySAIL-ISP.24.6. ‘SB’ shall abide by all relevant statutory provisions including Labour Laws and Rules thatmay be in force from time to time in matters of engagement of workmen for the job andshall be responsible for payment of all due wages and statutory benefits in all eventualitiesto the labourers employed by him under the Employees Provident fund and Miscellaneousprovisions Act, payment of Bonus Act, payment of Gratuity Act, Workmen CompensationAct, Minimum Wages Act, Industrial Disputes Act, Fatal Accident Act and all otherapplicable statutes. The Company shall not in any way be liable for such payments.Deployment of number of workmen shall also be guided by the relevant statute.24.7 Gas cutting / welding / dismantling / processing etc. of the materials may be allowed tofacilitate loading of materials into the trucks / trailers etc. Cranes etc. required for loadingwill have to be brought by SBs at their cost. However, before doing so necessarypermission from EA, SAIL-ISP or his authorised representative has to be obtained by SBsand if felt necessary by CEA, SAIL-ISP or his authorised representative, the entire job orany part of it has to be done under the supervision of EA or his authorised representative.Not withstanding the provisions herein, if the SB is desirous of availing crane facility onchargeable basis from SAIL-ISP, a written application to that effect has to be submitted toEA or his authorised representative and if such cranes are available or the same can bespared, SBs shall deposit the requisite amount of rental charge to be fixed by EA, SAIL-ISP or his authorised representative in advance. Failure to provide the crane/s by CEA,SAIL-ISP or his authorised representative shall not be accepted as a ground for any delayor dispute relating to completion of the contract within the stipulated time.24.8 This online auction sale being on ‘AS IS WHERE IS’ & ‘NO COMPLAINT’ basis, noguarantee regarding material quality / chemical analysis and its usage is given by SAIL-ISP. The bidders may bear this in mind while quoting the rates.25. TERMINATION : SAIL-ISP reserves the absolute right to terminate / curtail the contractbased on the performance of the SB and at its sole discretion after giving a formal noticedepending on the nature of irregularities as decided by SAIL-ISP. The SAIL-ISP will haveabsolute right and discretion to decide upon the irregularities which will be binding andacceptable to the SB. In case of termination of contract, the Security Deposit shall be liable16
for forfeiture at sole discretion of the SAIL-ISP in the event of any default by the SBs incomplying with the terms herein.26. HANDING OVER THE SITE TO SAIL-ISPOn completion of site work, the SB shall dispose of the debris / arising, scrap andunwanted materials etc. generated out of his own work from the site as declared by the EAor his authorised representative to a place within the plant premises as allotted andassigned for this purpose by GM (Services), SAIL-ISP on the request of CEA, SAIL-ISPor his authorised representative. Such sites will be within 5 KM of the work site. The siteshall be handed over to the CEA, SAIL-ISP or his authorised representative in a tidy andworkman like manner.27. Executing Authority ( EA ) <strong>OF</strong> SAIL-ISPExecuting Authority (EA) shall be as indicated in Annexure- II or the Executive nominatedby them whose decision regarding day-to-day delivery program, placement and movementof trucks / vehicles. Loading, issuing of challans, co-ordination with different concernedagencies/ deptts. etc. shall be final and binding on SB. The EA shall co-ordinate withdifferent departments for successful execution till completion of contract. The decision ofthe EA shall be final and binding on SB for successful execution of the work as per terms& conditions of <strong>OF</strong>A.28. In case of any dispute with regard to specification, scope, quantity and any other terms andcondition of the <strong>OF</strong>A document, decision of the management shall be final and binding onboth sides.29. If the intending bidder/s agree to all the above terms and conditions of the <strong>OF</strong>A Document,they may quote their highest rate in the online forward auction.30. If there is any conflict between the clauses / conditions in Annexure – I and Annexure – II,the conditions in Annexure – I shall prevail.31. QUANTITY TOLERANCEIn the event, goods are found in excess of that specified in the Delivery Order but NOTMORE then 10 (TEN) % of the quantity specified in the Delivery Order, ‘SB’ will beallowed to deposit the balance value of the excess quantity within 7 (SEVEN) days fromthe last date of removal of materials as mentioned in the Delivery Order. However, theexcess quantity will be delivered only after requisite payment has been made by ‘SB’. Incase, the excess quantity is more than 10 (TEN) % of the quantity specified in the DeliveryOrder, ‘SB’ will be allowed to deposit the value of such excess quantity only afteramendment to the Letter of Intent / Letter of Acceptance/ Delivery Order to that effect isissued by SAIL-ISP at its sole discretion.32. PERFORMANCE: The defaulting customer (s) and the customer(s) (having commondirectors / Partners of defaulting customer(s)) for non-compliance of the terms of the salecontract shall be debarred from participating in any future tender /auction for Idle Assetsfor a period of one year from the date of expiry of the present contract. Even theforfeiture of EMD will amount to non-performance by the customer(s).17