EAST CENTRAL RAILWAY - Indian Railways

CMS Xing
7. GUARANTEE:
7.1 The contractor guarantees that the stores, which are supplied, shall be manufactured
fully in accordance with specification. In all cases the contractor guarantees that its
design shall strictly follow the ‘as made’ detailed drawings with such modification as
are notified in respect of such type.
7.2 The contractor further guarantees that the stores shall be free from defects in material
and workman ship. The contractor shall be liable to arrange the necessary
replacements of the defective stores free of any change only to the extent that such
replacements are attributable to or arise from faulty workmanship of material or design
in the manufacturer of the stores. All replacements shall be made free of cost at
destination. If the contractor so desires, the replaced stores can be taken over by him
for disposal as he deems fit, within a period of three months from the date of the
receipt of the replacement of defective stores by the purchaser. At the expiry of this
period no claim in this respect shall lie on the purchaser.
7.3 The guarantee herein contain shall not apply to any material which shall have been
repaired or altered by the purchaser, or on his behalf in any way so as to affect its
strength performance or reliability or to any defect to any part due to misuse
negligence or accident.
7.4 The guarantee herein contain shall expire in respect of each item of stores on the
expiry of 12 months from the date of its delivery or nine months from the date of its
placing in service whichever is earlier except in respect of defects notified to the
contractor, prior to the expiry of such dates.
7.5 All replacements that a purchaser shall call upon the contractor to deliver under this
guarantee shall be delivered by the contractor within three months from the date on
which the purchaser call upon him for the replacement of the defective stores. If the
contractor fails to replace the defective store within the said period the cost of the such
stores at the rate stipulated in the contract, shall be recovered from the payments due to
the contractor including the amount of security deposit made and maintained under
Clause 9.
(Page 9 of 16)
Signature of Tenderer(s)
Dated----------------------