U6509-3104 ABM Fire Fighting Package Tender ... - Bharat Petroleum

BHARAT PETROLEUM CORPORATION LTD Special Conditions of Contract
CCR PROJECT , MAHUAL REFINERY- MUMBAI
Sheet 18 of 29
g) The parties hereby agree that the courts in the city of Mumbai alone shall have
jurisdiction to entertain any application or other proceedings in respect of anything arising
under this agreement and any award or awards made by the Sole Arbitrator hereunder shall
be filed in the concerned courts in the city of Mumbai only.
44.0 JURISDICTION
The CONTRACTOR shall comply with the provisions of the GCC- SECTION – VIII – LABOUR
LAWS & OTHER REGULATIONS Clause – 92 – JURISDICTION
45.0 LIQUIDATED DAMAGES :
In case of delays in completing works in the stipulated time, Owner reserves the right to
recover liquidated damages at 0.5 % of the contract value for every week of delay or part
there of subject to a maximum of 5 % of the total contract value until the work is
satisfactorily completed and handed over. Such damages may be deducted by the Owner
from any money due to the Contractor and any further amount due from the Contractor.
46.0 “DEFECT LIABILITY PERIOD” in respect of:
(i) Bulk Consumables shall be the date of delivery plus 6 (six) months
(ii) In the case of other Material(s) shall be 18 (eighteen) months from the date of delivery
or 12 (twelve) months after the same have been put in service or commissioned,
whichever is earlier;
(iii) In the case of altered or replaced Material(s):
(a) With respect to Bulk Consumables, shall be 6 (six) months from the date of
alteration, repair or replacement as the case may be; and
(b) With respect to other Material(s), shall be 12 (twelve) months from the date of
alteration, repair or replacement as the case may be.
47.0 PERFORMANCE BANK GUARANTEE (PBG):
For order value upto Rs. 10 lakh, PBG shall not be applicable.
48.0 INSPECTION AND TESTING
a. All imported materials shall be inspected by Third Party Inspection Agency. All major
Indigenous materials shall be inspected by UIPL
b. Third Party Inspection Agency where ever applicable shall be nominated by BPCL. In general
the following TPIA’s are in the approved list viz. Lloyds, DNV, BV. However the bidder has
option to specify in his bid the choice of the TPIA.
c. In addition to any tests to be conducted by the Vendor under the Contract or any applicable
codes or standards, the Material(s) shall be subject to inspection and/or testing by
Inspector(s) (including Third Party Inspector(s)) at any time prior to shipment and/or despatch
and to final inspection within a reasonable time after arrival at the Project Site. The
Inspector(s) shall have the right to carry out the inspection or testing, which will include
inspection and testing of the raw materials at manufacturers shop, at fabricators shop and at
the time of actual despatch before and/or after completion of packing.
d. In addition to testing and inspection by Inspectors, BPCL may nominate an institutional agency
like Boiler-Inspectorate for official testing of coded equipment. The Vendor shall ensure that
all procedures for preparation and performance of tests prescribed by such institution shall be
scrupulously complied and observed.