Pre Bid response for supply of Laptops for ... - DOITC Rajasthan

S. No RFP
Page
No.
85
86
35
38
RFP Rule
no.
Rule details Query/Suggestion/clarification Response
LD Refer RFP 1. We would request the customer to modify this as "LD/ penalty for delay
shall be levied at 0.5% per week for the late delivery/ undelivered portion of
the equipment with a maximum of 5% of the late delivery / undelivered
portion of the equipment value.
2. Not withstanding anything contained in this tender the maximum LD/
Penalty should be capped @ 5 % cost of the undelivered/delayed delivered
portion of the material.
Limitation
of Liability
AS per draft
Request for change in language to "Vendor shall not be liable for any
indirect, punitive, consequential or incidental loss, damage, claims, liabilities,
charges, costs, expense or injury, including, without limitation, loss of use,
data, revenue, profits, business interruption, and loss of income or profits,
that may arise out of or result from this Agreement, irrespective of whether it
had an advance notice of the possibility of any such damages. The aggregate
liability of Vendor under this Agreement, regardless of the form of the claim,
shall not exceed the: (i) order value in case of products; (ii) fees received by
Vendor under this Agreement during the six months preceding the date of
such claim, in case of services.
As per RFP
As per RFP
Vendor’s failure to perform its contractual responsibilities, to perform the
services, or to meet agreed service levels shall be excused if and to the extent
Vendor’s non-performance is caused by Customer’s omission to act, delay,
wrongful action, failure to provide inputs, or failure to perform its obligations
under this Agreement."
87
39
Terminati
on for
Default
AS per draft
The Purchaser, without prejudice to any other remedy for breach of the
Agreement, by written notice of 30 days of default sent to the Supplier, may
terminate this Agreement in whole or in part:
As per RFP