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