BHARAT PETROLEUM CORPORATION LIMITED PRESS TENDER

CRFQ No. 1000182234ANNEXURE VITERMS & CONDITIONS OF AGREEMENTIf request for the clearance from Corporation/ OITC is not applied for withinthe said period of 30 days, the Corporation shall have the rights solely atits discretion to cancel the remaining order quantity and forfeit the supplyand performance guarantee amount (as specified in para 2(c)), withoutprejudice to any other right as may be available to the Corporation bothunder law and the contract terms contained in this agreement for therecovery of the damages.(d) Despite the order of suspension, if the successful tenderer producesand/or despatches any SC VALVE, the Corporation shall be entitled torefuse taking delivery of such consignments and the successful tenderershall not be entitled to claim any damage or compensation for any lossthat may occur to him, from BPCL on account of refusal to accept suchconsignment. In such cases BPCL shall take necessary action which maybe deemed fit against the successful tenderer.(e) Whenever the successful tenderer is under suspension, the call-off/allocation for the suspended party may be pruned to the extent ofundelivered quantity against that call off/allocation at the sole discretion ofBPCL. Extra cost, if any, borne by BPCL while procuring (from othersuppliers) and/or placing such shortfall quantity to the shortsuppliedplant, as outlined above, shall be recovered from thedefaulting vendor as per clause 11 below.(f) If the successful tenderer is under suspension at the start of a month/timeof placing call-off or PO, then the quantity calculated based on thefortnightly average order quantity (total order quantity/26) for the numberof fortnight or part thereof for which the party continues to be undersuspension, may be pruned at the sole discretion of BPCL. Extra cost, ifany, borne by BPCL while procuring (from other suppliers) and/orplacing such pruned quantity, as outlined above, to the designatedplant shall be recovered from the defaulting vendor as per clause 11below.(g) If the successful tenderer is a common supplier for two or more OMCs,and in the event of their suspension by one OMC, then it shall beconstrued as suspension by BPCL also. However revocation will be doneby individual OMC. The pruning of quantity will be applicable as per (e) &(f) above for the period of suspension.8. DELIVERY SCHEDULE / REVISION BEFORE EXPIRY OF DELIVERYSCHEDULE:(a) Based on the actual requirements, BPC will be placing the call-offs (alsocalled PO or allocations) from time to time. The successful tenderershall be bound to accept call-offs up to 130% of the prorata quantity(prorata quantity = contract quantity/12). In case BPCL requiresPage 6 of 19