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

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S. No RFP<br />

Page<br />

No.<br />

RFP Rule<br />

no.<br />

104 Site Not<br />

Ready<br />

Rule details Query/Suggestion/clarification Response<br />

Wipro assumes that the sites shall be kept ready <strong>for</strong> installations and<br />

acceptance well be<strong>for</strong>e deliveries. However, in case the installation/<br />

acceptance gets delayed beyond 15 days <strong>of</strong> delivery, due to sites not ready or<br />

any other reason attributable to the customer, the equipment shall be<br />

deemed to have been installed and commissioned <strong>for</strong> the purpose <strong>of</strong><br />

payment, warranty, title transfer or any other related clause.<br />

As per RFP<br />

105 Deemed<br />

Acceptanc<br />

e<br />

Deliverables will be deemed to be fully and finally accepted by Client in the<br />

event Client has not submitted a Acceptance certificate within 15 days from<br />

the date <strong>of</strong> installation/commissioning or when Client uses the Deliverable in<br />

its business, whichever occurs first<br />

As per RFP<br />

106 Pass<br />

Through<br />

Warranty<br />

Since Wipro is acting as a reseller <strong>of</strong> completed goods, Wipro shall “passthrough”<br />

any warranties and indemnities received from the manufacturer or<br />

licensor <strong>of</strong> such goods and, to the extent, granted by such manufacturer or<br />

licensor, Customer shall be the beneficiary <strong>of</strong> such manufacturer’s or<br />

licensor’s warranties and indemnities with respect to the products. Further, it<br />

is clarified that Wipro shall not provide any additional warranties and<br />

indemnities with respect to the products.<br />

As per RFP<br />

107 Saving<br />

clause<br />

Wipro may terminate this Agreement and/or any work order immediately As per RFP<br />

upon written notice to the other party, in the event the other Party commits<br />

a material breach <strong>of</strong> the Agreement and/or Purchase Order and fails to cure<br />

such default within thirty (30) days after receipt <strong>of</strong> such notice. Customer<br />

shall be responsible <strong>for</strong> payment <strong>of</strong> Services, Equipment and S<strong>of</strong>tware already<br />

provided by Wipro but not yet invoiced. There shall be no charges <strong>for</strong><br />

termination <strong>of</strong> orders or <strong>for</strong> Services not yet provided and Wipro shall not be<br />

held liable <strong>for</strong> the same.<br />

108 Dispute<br />

Resolutio<br />

n<br />

This Agreement shall be governed by laws in <strong>for</strong>ce in India. In the event <strong>of</strong><br />

any dispute arising out <strong>of</strong> this Agreement the same shall be settled by binding<br />

arbitration conducted by a sole arbitrator jointly appointed by both parties<br />

and governed by the Arbitration and Conciliation Act, 1996. The language <strong>of</strong><br />

the arbitration proceedings shall be English.<br />

As per RFP

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