13.07.2015 Views

tender specification for procurement of transformer repairing ... - Nesco

tender specification for procurement of transformer repairing ... - Nesco

tender specification for procurement of transformer repairing ... - Nesco

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

exchange such technical in<strong>for</strong>mation and data as is reasonably required by each party to per<strong>for</strong>m itsobligations and responsibilities. The Purchaser and the Contractor agree to keep each other in confidenceand to use the same degree <strong>of</strong> care as he uses with respect to his own proprietary data to prevent itsdisclosure to third parties <strong>of</strong> all technical and confidential in<strong>for</strong>mation. The technical in<strong>for</strong>mation,drawings, records and other document shall not be copied, transferred, traced or divulged and / ordisclosed to third party in full / part nor misused in any other <strong>for</strong>m. This technical in<strong>for</strong>mation, drawingetc. shall be returned to the Purchaser with all approved copies and duplicates. In the event <strong>of</strong> any breach<strong>of</strong> this Contract, the Contractor shall indemnify the Purchaser against any loss, cost <strong>of</strong> damages <strong>of</strong> claimby any party in respect <strong>of</strong> such breach.19.0 EFFECTIVE DATE OF COMMENCEMENT OF CONTRACT:19.01 The date <strong>of</strong> the issue <strong>of</strong> the detailed Purchase Order shall be treated as the effective date <strong>of</strong> thecommencement <strong>of</strong> Contract.20.0 The bidder shall quote the basic price as well as all taxes & duties as per the enclosed <strong>for</strong>mat <strong>for</strong> bidprices.21.0 PENALTY:21.01 As time is the essence <strong>of</strong> contract, the materials should be supplied strictly as per supply schedule asstipulated in Purchase order failing to which order to be treated as cancelled & contract per<strong>for</strong>manceBank Guarantee will be invoked.21.02 The total amount <strong>of</strong> penalty <strong>for</strong> delay under the contract will be subject to a maximum <strong>of</strong> five percent(5%) <strong>of</strong> the contract price @ 0.5% per week <strong>of</strong> delay.21.03 The Purchaser may, without prejudice to any method <strong>of</strong> recovery, deduct the amount <strong>for</strong> such damagesfrom any amount due or which may become due to the seller or from the Per<strong>for</strong>mance Bank Guarantee orfile a claim against the seller.22. VALIDITY OF THE ORDER:The Order is valid up to schedule date <strong>of</strong> delivery, unless otherwise extended by the CompetentAuthority. The Order shall stand cancelled automatically beyond the validity period without anycorrespondences and liabilities to the purchaser.23. PACKING :The materials / equipments shall be packed by the seller suitably as per the standard procedure <strong>for</strong> safetransport to the site / store. The cases shall be clearly marked showing distinctly the name and address <strong>of</strong>the consignee. In case <strong>of</strong> special instructions, such as “this end up”, “fragile”, “handles with care” etc.,the same shall be clearly displayed on the cases.24.0 COMMISSIONING SPARES:The seller shall replace, free <strong>of</strong> cost, any spares which may be found defective by the buyer duringcommissioning.25.0 DISPUTE RESOLUTION & JURISDICTION OF CONTRACT:25.1 Any dispute arising out <strong>of</strong> this contract shall be referred to the MD, NESCO who shall decide the case assole arbitrator.25.2 For the purpose <strong>of</strong> dispute resolution, this agreement shall be governed by the provision <strong>of</strong> Arbitration &Conciliation Act, 1996.25.3 All disputes shall be subject to exclusive jurisdiction <strong>of</strong> the Court at Balasore and Writ jurisdiction <strong>of</strong>Hon’ble High Court <strong>of</strong> Odisha at Cuttack.23

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!