BHARAT PETROLEUM CORPORATION LIMITED PRESS TENDER

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CRFQ No. 1000182234ANNEXURE VITERMS & CONDITIONS OF AGREEMENTdoor delivery basis in full truck-loads/part truckload including unloadingand stacking at the receiving location.(b) The successful tenderer shall undertake transportation of SC Valves byroad only through established and reliable transporters.(c) The successful tenderer, in their own interest may take out insurancecover for each and every consignment to take care of any transit loss,damage, shortage etc at their own cost. No payment shall be made by theCorporation towards cost of insurance to the successful tenderer.19. GUARANTEE(a) The SC Valves shall be guaranteed by the successful tenderer for a periodof 24 months from the date of manufacture, against manufacturing defects.(b) In the event of manufacturing defects being detected at the time of deliveryor within the guarantee period, the successful tenderer will be directlyinformed in writing by the concerned Territory Office. The successfultenderer will have the choice to inspect the SC Valves at the concernedTerritory office or supply new SC Valves as replacement against thedefective SC Valves within thirty days of despatch of such intimation, attheir own cost. In case of joint inspection, the successful tenderer willhave to supply new SC Valves as replacement against the defective SCValves within 30 days from the date of joint inspection. If themanufacturer’s representative does not turn up for inspection within thetime stipulated by BPCL, the lot shall be treated as defective andaccordingly action shall be taken.New SC Valves will have to be supplied as replacement against thedefective Valves segregated at the time of delivery or during guaranteeperiod as above or else the full cost of such Valves will be recovered fromthe party. Additionally, a commercial penalty of Rs 5/- per defective SCVALVE shall be levied to cover the administrative cost. Rectification of SCVALVE shall not be permitted and defective SC Valves shall be crushedand scrap and will be retained by BPCL.20. TEMPORARY STOPPAGEIn case of temporary inability of BPCL to accept SC Valves, BPCL shall not beheld responsible for any loss/storage charges that the successful tenderermay have to sustain and the Company shall not be required to make anypayment towards the SC Valves already manufactured or any other paymenton account of inventory carrying cost.Page 15 of 19
CRFQ No. 1000182234ANNEXURE VITERMS & CONDITIONS OF AGREEMENT21. OBLIGATION TO SELL SC VALVES TO PUBLIC SECTOR<strong>CORPORATION</strong> ONLY(a) The successful tenderer shall not engage in the manufacture, sale andsupply of 25.6 mm diameter SC Valves of ‘KOSAN TEKNOVA’ design andas per technology provided by BPCL to any individual, firm or anycompany other than the public sector oil companies engaged in Marketingof LPG during or after the currency of this Agreement.(b) The successful tenderer shall fulfil the commitments of the Corporation onfirst priority.(c) The successful tenderer shall also not export SC Valves of ‘KOSANTEKNOVA’ design manufactured by him except with the prior approval ofthe Corporation in writing.(d) Disposal of scrap arising out of the manufacturing process will not becovered under the above provisions. All scrap arising out of themanufacturing process including whole SC Valves which are rejected(while testing/ certification) and SC Valves rejected by the Corporation atthe successful tenderer’s premises may be disposed off by the successfultenderer, only after ensuring that such items are deshaped in the presenceof BIS Officer/ Corporation official so that the same cannot be used. Thesuccessful tenderer shall maintain proper records of all such rejections.22. TERMINATIONNotwithstanding anything contained in the Contract, BPCL reserves the rightto cancel the contract/purchase order or any part thereof through a writtennotice to the successful tenderer if:(a) The successful tenderer fails to comply with the terms of this purchaseorder/contract.(b) The successful tenderer becomes bankrupt or goes into liquidation.(c) The successful tenderer fails to deliver the goods on time and/or replacethe rejected goods promptly.(d) The successful tenderer makes a general assignment for the benefit ofcreditors.(e) A receiver is appointed for any of the property owned by the successfultenderer.(f) If it is established that the SC Valve manufacturer has been indulging inmalpractice/ manufacture of spurious SC Valves/ unauthorisedmanufacturing of SC Valves or on such other grounds that is consideredby the Corporation to be in contravention to the contractual obligation.The Corporation’s right to so terminate the contract shall be withoutprejudice to any other right and remedy available against the successfulPage 16 of 19
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BHARAT PETROLEUM CORPORATION LIMITED PRESS TENDER

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