T000003280_FileName_lucknow.pdf Click here ... - Bharat Petroleum

More documents

Recommendations

Info

44(d)Under no circumstances the Corporation shall be liable to compensate the Contractorfor any loss or damage caused to the contracted trucks unless such loss or damage hasbeen caused for any willful or intentional act committed by the Corporation.29. The Transporter shall comply with all statutory provisions relating to his trade/business/profession including his own employees or employees engaged by transporter andCorporations shall not be responsible for his omission/commission. Further, the transporterundertakes to abide by the provision of the Employees’ Provident Funds and MiscellaneousProvisions Act, 1952 in as much as the “Road Motor Transport Establishments” in the list ofNon –Factory Industries to which the EPF & MP Act has been made applicable, is a class ofestablishments notified at item no. (4) of Appendix-I of EPF and MP Act, 1952 and as suchthe transporter shall ensure appropriate coverage of the TT Crew under the said Act and keepthe Corporation indemnified for any non-compliance by the transporter.30 If before the tender/offer is accepted or during the validity of the tender/contract, it comes tothe knowledge of the Corporation that the information/documents submitted by theTenderer/Contractor at the time of Tender submission/contract/during the pendency of thecontract, is wrong/false/fake/forged/any material facts have been concealed, the Corporationreserve the right to not only reject such offer received and/or terminate the Contract but wouldalso be free to take any action which may include blacklisting.31 This contract shall be for a period of 2 years with effect from 01.04.2010 upto 31.03.2012with option(s) of extending the same for an aggregate period not exceeding one year at thesole discretion of the Corporation, on the same terms and conditions as contained in thisAgreement.32 The Corporation reserves the right to terminate the contract at any time before the expiry ofthe period of contract by giving the Contractor 30 days advance notice in writing withoutassigning any reason whatsoever.33 The Corporation in its absolute discretion and without prejudice to its other rights andremedies, may terminate this contract forthwith, if:(a)(b)(c)(d)the Contractor commits a breach of any of the terms and conditions of this agreement;orthe contractor being a proprietor, dies; orthe contractor being a partnership firm, one of the partners dies; or the Contractorbeing a firm, any member of the Contractor firm is adjudged insolvent or enters intoany arrangement or compromise with the creditors or execution or other process islevied orthe road permit issued by the Transport authorities to the Contractor is cancelled orrevoked.Signature and Stamp of the Tenderer
4534. (a) Any dispute or difference of any nature whatsoever any claim, cross claim, counter-claim orset off of the Corporation against the Transporter or regarding any right, liability, act,omission or account of any of the parties hereto arising out of or in relation to this Agreementshall be referred to the sole Arbitration of the Director(Marketing) of the Corporation or ofsome officer of the Corporation who may be nominated by the Director (Marketing).TheTransporter will not be entitled to raise any objection to any such arbitrator on the ground thatthe arbitrator is an officer of the Corporation or that he has dealt with the matters to which thecontract relates or that in the course of his duties as an officer of the Corporation he hadexpressed views on and or any other matters in dispute or difference. In the event of thearbitrator to whom the matter is originally referred being transferred or vacating his office orbeing unable to act for any reason, the Director(Marketing) as aforesaid at the time of suchtransfer, vacation of office or inability to act may in the discretion of the Director(Marketing)designate another person to act as arbitrator in accordance with the terms of the agreement tothe end and intent that the original arbitrator shall be entitled to continue the arbitrationproceedings notwithstanding his transfer or vacation of office as an officer of the Corporationif the director (Marketing) does not designate another person to act as arbitrator on suchtransfer, vacation of office or inability of original arbitrator. Such persons shall be entitled toproceed with the reference from the point at which it was left by his predecessor. It is also aterm of this contract that no person other than the director (Marketing) or a person nominatedby such Director (marketing) of the Corporation as aforesaid shall act as arbitrator hereunder.The award of the arbitrator so appointed shall be final conclusive and binding on all parties tothe agreement subject to the provisions of the Arbitration & Conciliation Act, 1996 or anystatutory modification or re-enactment thereof and the rules made there under for the timebeing in force shall apply to the arbitration proceedings under this clause .(b) The arbitrator shall have power to order and direct either of the parties to abide by, observeand perform all such directions as the arbitrator may think fit having regard to the matters indifference i.e. dispute, before him. The arbitrator shall have all summary powers and may takesuch evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks fitand shall be entitled to exercise all powers under the Indian Arbitration & Conciliation Act1996 including admission of any affidavit as evidence concerning the matter in difference i.e.dispute before him(c) The parties against whom the arbitration proceedings have been initiated, that is to say, therespondents in the proceeding, shall be entitled to prefer a cross-claim, counter-claim or setoff before the arbitrator in respect of any matter in issue arising out of or in relation to theagreement without seeking a formal reference of arbitration to the Director (Marketing) forsuch counterclaim, cross-claim, or set off and the arbitrator shall be entitled to consider anddeal with the same as if the matters arising there from has been referred to him originally anddeemed to form part of the reference made by the Director(Marketing).(d) The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering orother technical person to assist him, and to act by the opinion so taken.(e) The arbitrator shall have power to make one or more awards whether interim or otherwise inrespect of the dispute and difference and in particular will be entitled to make separate awardsin respect of claims or cross-claims of the parties.Signature and Stamp of the Tenderer
Page 1 and 2: 1BHARAT PETROLEUM CORPORATION LIMIT
Page 3 and 4: 3GENERAL CONDITIONS OF TENDERTENDER
Page 5 and 6: 58. Detailed terms of notice, terms
Page 7 and 8: 7PROFORMA - ITENDER NO. - BPCL/LPG/
Page 9 and 10: 9DETAILS OF TRUCKSTENDER FOR TRANSP
Page 11 and 12: 11BHARAT PETROLEUM CORPORATION LIMI
Page 13 and 14: 13Letter from Transporter - to be f
Page 15 and 16: 15STANDARD TERMS AND CONDITIONS OFT
Page 17 and 18: 175. BPCL's right to send regulator
Page 19 and 20: 199.6 No truck will be offered unde
Page 21 and 22: 2112AInterest free EMD would be ref
Page 23 and 24: 2317. Consequence of submission of
Page 25 and 26: 2528. Toll Tax:The existing Toll /
Page 27 and 28: 2736. Unauthorised Parking of Truck
Page 29 and 30: 292. Each tenderer is expected to q
Page 31 and 32: 311. The Contractor hereby agrees t
Page 33 and 34: 33• the list prepared by the dist
Page 35 and 36: 35(iii)For one way loads either fro
Page 37 and 38: 377. (a) The Contractors shall make
Page 39 and 40: 39c) It shall be the responsibility
Page 41 and 42: 4116. (a) The contractor(s) shall u
Page 43: 43to any third party, person caused
Page 47 and 48: 47ANNEXURE -IDANGEROUS PETROLEUM RE
Page 49 and 50: 49AND WHEREAS in terms of the tende
Page 51 and 52: 51IN WITNESS WHEREOF the Guarantor
Page 53 and 54: 53ANNEXURE - IIILIST OF RELATIVESA.
Page 55 and 56: 55ANNEXURE - V1. Constitution of Fi
Page 57 and 58: 57ANNEXURE - VIDECLARATION BY THE T
Page 59 and 60: 59(On Rs.100/= Stamp paper)ANNEXURE
Page 61 and 62: 61In the State / Union Territory* _
Page 63 and 64: 63INDEMNITY BOND/UNDERTAKINGANNEXUR
Page 65 and 66: 65Date:7. In the event the Location

T000003280_FileName_lucknow.pdf Click here ... - Bharat Petroleum

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

Delete template?

Save as template?