Government of Punjab Department of Revenue, Rehabiliation ...

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27. Termination for Convenience27.1 The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole orin part, at any time for its convenience. The notice of termination shall specify that terminationis for the Purchaser’s convenience, the extent to which performance of the Supplier under theContract is terminated and the date upon which such termination becomes effective.27.2 The Goods that are complete and ready for shipment on the day of Supplier’s receipt of noticeof termination shall be accepted by the Purchaser at the Contract terms and prices. For theremaining Goods, the Purchaser may elect:(a) To have any portion completed and delivered at the Contract terms and prices; and / or(b) To cancel the remainder and pay to the Supplier and agreed amount for partiallycompleted Goods and for materials and parts previously procured by the Supplier.28. Settlement of Disputes28.1 The Purchaser and the supplier shall make every effort to resolve amicably by direct informalnegotiation any disagreement or dispute arising between them under or in connection with theContract.28.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by suchmutual consultation, then either the Purchase or the Supplier may give notice to the otherparty of its intention to commence arbitration, as hereinafter provided, as to the matter indispute, and no arbitration in respect of this matter may be commenced unless such notice isgiven.28.2.1 Any dispute or difference in respect of which a notice of intention to commencearbitration has been given in accordance with this Clause shall be finally settled buyarbitration. Arbitration may be commenced prior to or after delivery of the Goodsunder the Contract.28.2.2 Arbitration proceedings shall be conducted in accordance with the rules of procedurespecified.28.1 Notwithstanding any reference to arbitration herein the parties shall continue to perform theirrespective obligations under the Contract unless they otherwise agree. and28.3 The dispute resolution mechanism to be applied pursuant to GCC Clause 28.2.2 shall be asfollows:(a)(b)(c)29. Limitation of LiabilityIn case of Dispute or difference arising between the Purchaser and supplier relating toany matter arising out of or connected with this agreement, such disputes ordifference shall be settled in accordance with the Arbitration and Conciliation Act,1996. The arbitral tribunal shall consist of 3 arbitrators one each to be appointed bythe Purchaser and the Supplier. The third Arbitrator shall be appointed by Department ofRevenue, Rehabilitation and Disaster Management, Government of Punjab who shallact as presiding arbitratorArbitration proceedings shall be held at Jalandhar, Punjab, India, and the language ofthe arbitration proceedings and that of all documents and communications betweenthe parties may be English/ Hindi/Punjabi as mutually agreed.The decision of the majority of arbitrators shall be final and binding upon both parties.The cost and expenses of Arbitration proceedings will be paid as determined by thearbitral tribunal. However, the expenses incurred by each party in connection with thepreparation, presentation, etc. of its proceedings as also the fees and expenses paidto the arbitrator appointed by such party or on its behalf shall be borne by each partyitself.Except in cases of criminal negligence or willful misconduct, and in the case of infringementpursuant to Clause 6,Page 20 of 45
(a)the Supplier shall not be liable to the Purchaser, whether in contract, tort, or otherwise,for any indirect or consequential loss or damage, loss of use, loss of production, orloss of profits, or interest costs, provided that this exclusion shall not apply to anyobligation of the Supplier to pay liquidated damages to the Purchaser; and(b) the aggregate liability of the Supplier to the Purchaser, whether under the Contract, intort, or otherwise, shall not exceed the total Contract Price, provided that this limitationshall not apply to the cost repairing or replacing defective equipment.30. Governing Language30.1 The contract shall be written in English language. English language version of the Contractshall govern its interpretation. All correspondence and other documents pertaining to theContract which are exchanged by the parties shall be written in the same language.31. Applicable Law31.1 The Contract shall be interpreted in accordance with the laws of the Union of India.31.2 In case of any civil disputes the civil courts of Jalandhar shall be the jurisdiction only..32. Notices32.1 Any notice given by one party to the other pursuant to this Contract shall be sent to other partyin writing or by cable, telex, facsimile or e-mail and confirmed in writing to the other Party’saddress.32.2 A notice shall be effective when delivered to the concerned.32.3 For the purpose of all notices, the following shall be the address of the Purchaser andSupplier.Purchaser:Supplier:33. Taxes and DutiesCommissionerJalandhar Division, JalandharPunjab(To be filled in at the time Contract signature)33.1 Suppliers shall be entirely responsible for all taxes, duties, license fees, road permits,Customs duties/Import duties, Transportation and Insurance etc.(Including all Charges),incurred until delivery of the contracted Goods to the Purchaser.34. Operation & Maintenance34.1 If decided by Commissioner, Jalandhar Division, Jalandhar, after erection, commissioningand the successful trial of the AHLP, the bidder has to make the arrangements for roundthe clock operation of AHLP (minimum two operators at a time along with otherrequired staff) during warranty period whereas the arrangements for operation andmaintenance has to be made for next 3 years after warranty period. The bidder has tomanage all sorts of spares and repair job works. The details of personnel proposed to beemployed and qualifications, experience and other details need to be supplied before handto the purchaser.34.2 The genuine spares and POL shall be arranged by the bidder on the basis of ARC and thecost of same shall be reimbursed by Commissioner, Jalandhar Division, Jalandhar onproducing of proper document duly verified by officer in charge.34.3 The genuine spares shall be arranged by the manufacturer for which an Annual Rate Contract(ARC) has to be executed by manufacturer with Commissioner, Jalandhar Division,Jalandhar. The rates of spares need to be enclosed with price bid.34.4 The bidder has to maintain a sufficient inventory of spares, POL etc in order to keep themachine operational round the clock.34.5 Special and general tools, jigs, jacks, equipments required for operation and maintenance hasto be kept by the bidder at his own cost with out affecting the period of operation. Themachine is to be checked regularly as per maintenance norms and the record of the sameneed to be maintained by the supplier and submitted to the purchaser.Page 21 of 45
Page 1 and 2: Government of PunjabDepartment of R
Page 3 and 4: ClauseNo.SECTION - IIINSTRUCTIONS T
Page 5 and 6: 6.2 In order to allow prospective b
Page 7 and 8: suitably extended. A Bidder may ref
Page 9 and 10: 22. Clarification of Bids22.1 Durin
Page 11 and 12: 33. Security Deposit & Performance
Page 13: GENERAL CONDITIONS OF CONTRACT1. De
Page 16 and 17: (vi)(vii)(viii)Inspection certifica
Page 18 and 19: 1VVFinal inspection including all a
Page 22 and 23: 34.6 As this machine shall be used
Page 24 and 25: SECTION -VTECHNICAL SPECIFICATIONS
Page 26 and 27: Each vertical jacking cylinder shou
Page 28 and 29: The main platform control levers sh
Page 30 and 31: FIRE FIGHTING PLATFORM SAFETY SYSTE
Page 32 and 33: j) A menu on the graphic display pa
Page 34 and 35: g. Lifting hook under the working c
Page 36 and 37: SECTION VIQUALIFICATION CRITERIAPre
Page 38 and 39: To,Commissioner,Jalandhar Division,
Page 40 and 41: 2. If purchaser decides to go for p
Page 42 and 43: SECTION - IXPERFORMANCE SECURITY FO
Page 44 and 45: To_________________________________

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