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Contractor/Supplier. If the Contractor/Supplier had defaulted in the performance of theoriginal contract, the purchaser shall have the right to ignore his Tender for risk purchaseeven though the lowest, where the contract is terminated at the risk and cost of the firmunder the provisions of this Clause, it shall be in the discretion of the purchaser to exercisehis discretion to collect or not, the Security deposit from the firm on whom the contract isplaced, at the risk and expense of the defaulted firm.d) Where action is taken under sub-Clause (b) or sub-Clause (c) above, the Contractor shallbe liable for any loss which the purchaser may sustain on that account, provided thepurchase or if there is an agreement, to purchase, such agreement is made in case of failureto deliver the Stores/Services, within 6 months from the date of such failure and in case ofrepudiation of contract the Contractor/Supplier shall not be entitled to any gain on such theentire discretion of the purchaser to serve a notice of such purchase on theContractor/Supplier.e) It may further be noted that Clause (a) above provides for recovery of liquidateddemurrages on the cost of contract price of delayed supplies (any or all of the equipment ordoes not perform the services within the time period(s)) at the rate of 0.5% per week up tomaximum limit of 10% of the contract value for such delay or part thereof. Liquidateddemurrages for delay in supplies thus accrued will be recovered by the paying authority oninstruction as specified in the supply order, from the bill for payment of the cost of materials/ works submitted by the Supplier / Contractor in accordance with terms of supply order oninstruction from Purchaser regarding liquidated demurrages amount.f) Notwithstanding anything stated above, equipment and materials will be deemed to havebeen delivered / SITC / SETC will be deemed to have been carried out only when all itscomponents, parts are also delivered. If certain components of stores are not delivered intime / SITC / SETC not carried out in time, the stores / SITC / SETC will be considered asdelayed until such time all the missing parts are also delivered.12. INSPECTING/TESTING OF MATERIAL:The inspection of stores/services/works will be carried out by the authority specified in thepurchase order. The stores/works will be accepted only after the same has been foundsatisfactory after inspection and duly marked and sealed by the inspection authority.12.1 The Supplier/Contractor shall ensure that the stores/services/works to be supplied/executedagainst this order shall be individually inspected, tested and analysed in terms of thespecifications attached to the Tender and the relevant codes and practices specified thereinby expression or implication. Necessary test reports shall be provided as required.12.2 The Supplier/Contractor should make available to the Organization and any otherindividual/agency authorized by the Organization for the purpose of inspection all itsrecords and results in respect of inspection, test and analysis conducted by it as part of theirmanufacturing and testing operation under the applicable codes and practices specified byexpression or implication in the Tender.12.3 Inspection tests and analysis shall be carried out/conducted atthe Supplier’s/Contractor's works by the authorized representative of the Organization andthe cost of to and fro air fare, accommodation and cash allowances payable to the authorizedrepresentative of the Organization shall be borne by the Organization.12.4 The Supplier/Contractor shall provide and deliver free of charge for tests/analysis by anindependent authority at any such place or places as the Organization or its authorizedPage 20 of 64Desktop/tenderxmer /750kva/AHMD/MUM//PANJI