dakshin haryana bijli vitran nigam - Tender

and cancel the order for the rest, provided, however, if any material had been manufactured
exclusively for the purchaser under this contract prior to the commencement of the
force majeure circumstances, it shall be accepted by the purchaser and secondly, the
cancellation will be without any liability for damages on the part of the supplier.
The decision of the purchaser in all matters under this clause shall be final and binding on the
supplier.
Non-availability of raw material or any other similar cause shall not be considered as a force
majeure circumstance.
11 WARRANTY
The supplier shall be made responsible to replace free of cost, with no transportation or insurancecost
to the Nigam, up to the destination, the whole or any part of the material which in normal and
proper use proves defective in quality or workmanship, subject to the condition that the defect is
noticed within 18 months from the date the material is received by the consignee or 12 months
from the date of installation of the goods which ever period may expire earlier. The consignee or
any other officer of the Nigam actually using the material will give prompt notice of each such
defect to the supplier as well as the Purchasing authority and the Controller of Stores. The
replacement shall be effected by the supplier within a reasonable time, but not, in any case,
exceeding 45 days. The supplier shall also arrange to remove the defective supply within a
reasonable period but not exceeding 45 days from the date of issue of the notice in respect
thereof. Upon the firm failing to do so, the damages/defects may be got rectified by the Nigam and
the cost adjusted from the firm’s pending dues and/or security deposit against this or any other
contract in force and the balance left be got deposited from by the supplier. The Nigam may
withhold the amount equal to cost of defective material.
These provisions shall, also equally apply to the replaced material. In case, the material
is again found to be defective within warranty period, it shall, also, have to be replaced similarly.
12 DRAWINGS:
(a) The supplier will submit, in quadruplicate, to the Purchaser for his approval (within 15 days)
immediately on receipt of his offer’s acceptance from the purchaser detailed dimensional
drawings of the equipment to be supplied and other general arrangements of the work to be
carried out and such other detailed drawings as may be reasonably necessary. Submission of
incomplete drawing or any delay in submission of drawing beyond 15 days shall be towards to
supplier account.
(b) The drawing will be approved by the purchaser and returned to the supplier within one month from
the date of their receipt. Any period beyond one month taken by the purchaser for the approval or
otherwise of the contract drawings may be regarded by the Supplier as a ground for extension of
time for completion of the work.
(c) In case the firm requests for use of purchaser’s drawings, the same shall be provided by getting
deposit of Rs.3000 per drawing.
13 MISTAKES IN DRAWINGS:
The supplier will be responsible for and shall pay for alterations of the material or works due to any
discrepancies, errors or omissions in the drawings or other particulars supplied by him whether such
drawings or particulars have been approved by the purchaser or not. Mistakes in drawing will be
set right by the Supplier after obtaining approval of the purchaser.
14 TESTS AND INSPECTION:
The material shall be inspected and tested by the purchaser or his authorised agent before
despatch unless dispensed with in writing by the purchaser. The Supplier shall give to the
purchaser at least 20 days advance notice for such inspection and test.
Nigam intends to purchase only High Quality material. For this purpose sample from minimum 3
lots (if total lots are 3 or more than 3) of the material supplied should be sent to Sri Ram Test
House/Govt. Approved Lab for Testing at Nigam’s Cost. Any lot shall be finally accepted only when
the samples are passed by the Test House. In case sample fails, the entire lot shall be rejected
which will have to be lifted back by the firm at its own cost. If the sample drawn from two or more
lots are rejected by the Test House, the entire balance quantity shall be deemed to have been