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PERFORMANCE GUARANTEE FORMAT PROFORMA FOR PERFORMANCE BANK GUARANTEE Bank Guarantee No._______________ Date _________________ WHEREAS ________________________________________________(hereinafter referred to as “The Owner”) which expression shall unless repugnant to the context includes their (legal representatives, successors and assigns having) their registered office at _____________________________________________________________ ___________________________________________________________________ has placed a purchase order (hereinafter referred to as the “Supplier”) which expression shall unless repugnant to the context include their legal representatives, successors and assigns) for supply of ___________________________________ on the terms and conditions as set out, (interalia), in the Owner’s purchase order no.______________________ dated ____________________ and various documents forming part thereof hereinafter collectively referred to as the “Said purchase order” which expression shall include all amendments, modifications and/or variations thereto. AND WHEREAS one of the conditions of the “Said purchase order” is that the Supplier shall furnish to the Owner a Bank Guarantee from a Nationalised Bank for _________________________ ( _________ percent ) of the total value of the “Said purchase order against due and faithful performance of the materials supplied including defects liability obligation against the performance guarantee obligations of the supply made under the said purchase order. AND WHEREAS the “Supplier” has approached ________________________________________________________________ (hereinafter referred to as the Bank) having their registered office at ____________ and at the request of the supplier and in consideration of the promises the Bank have agreed to give such guarantee as hereunder :- (i) The Bank hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Owner stating that the amount claimed is due by reason of (default made by the supplier in supplying the materials as per) the terms and conditions of the said purchase order including defects liability obligations in fulfilling the performance guarantee obligations against the supply made by the supplier under the said purchase order. Any such demand made on the Bank by the owner shall be conclusive as regards the amount due and payable by the Bar under this guarantee. However, the Bank’s liability under this guarantee shall restricted to an amount not exceeding ____________________(Rupees _________________). (ii) The Owner will have the full liberty without reference to the Bank and without affecting the guarantee to postpone for any time or from time to time the exercise of any powers and rights conferred on the owner under the said purchase order and to enforce or to for bear from endorsing and powers or rights or by reasons of time being given to the supplier which under law relating the surety would but for the provisions have the effect of releasing the surety. 18
(iii) The rights of the Owner to recover the said sum of _________________ (Rupees ___________________) only from the Bank in manner aforesaid will not be affected or suspended by reasons of the feet that any dispute or disputes have been raised by the supplier or that any dispute(s) are pending before any office, tribunal or court. (iv) The guarantee herein contained shall not be affected by the liquidation or winding up, dissolution, change of constitution or insolvency of the supplier but shall in all respects and for all purchases be binding and operative until payment of all money due to the Owner in respect of such liability or liabilities is affected. Notwithstanding any thing stated above, the liability of the Bank under this Guarantee is restricted to Rs.___________________ (Rs. _________________only) and this guarantee shall expire on ____________unless a demand or a claim under this guarantee is filed against the Bank within ________________ i.e. the date of expiry of the guarantee, all the rights of the Owner under the said guarantee shall be forfeited and the Bank shall be relieved and discharged from all liabilities hereunder. Accordingly, this Guarantee shall remain in force till ______________________. However, if the supplier’s obligations against which this Guarantee is given are not completed or fully performed within the period, Bank hereby agrees to further extend the guarantee for a further period of six months. We have the power to issue this Guarantee in your favour under the discretionary powers vested on us. Signature of the Constituent Authority of the Bank with Seal 19
Page 1 and 2: BID DOCUMENT FOR THE WORK REPAIR, R
Page 3 and 4: ORISSA INDUSTRIAL INFRASTRUCTURE DE
Page 5 and 6: Sl. No Orissa Industrial Infrastruc
Page 7 and 8: 3 // Memo No. 31/ Dt.11.01.2012 Cop
Page 9 and 10: TENDER FOR WORKS. I/We hereby tende
Page 11 and 12: FORM OF BID/TENDER [Note: the Appen
Page 13 and 14: FORMS AND FORMATS 13
Page 15 and 16: We, the said Bank, lastly undertake
Page 17: forbearance, act or omission on the
Page 21 and 22: 6. The Contractor shall make good a
Page 23 and 24: GENERAL INFORMATION 1. SCOPE OF WOR
Page 25 and 26: 7. TENDER PRICES 7.1 The contractor
Page 27 and 28: 8. Contractors responsibility: a) T
Page 29 and 30: h) Centering, shuttering as require
Page 31 and 32: Penalty levied for any delay which
Page 33 and 34: In the event of the authorized offi
Page 35 and 36: Besides above, 5% ( five per cent)
Page 37 and 38: Inform the authorized officer of th
Page 39 and 40: eyond the reach of measurement any
Page 41 and 42: a) The authorized person of the Cor
Page 43 and 44: The expression “words” of “wo
Page 45 and 46: suffered by a worker or workers by
Page 47 and 48: SCOPE OF WORK GENERAL The intent of
Page 49 and 50: 1.4 Inspection & Testing: For all m
Page 51 and 52: 10. The surplus earth and debris sh
Page 53 and 54: PAYMENT BREAK-UP SCHEDULE Sl.No. De
Page 55 and 56: SPECIAL CONDITION. The contractor s
Page 57 and 58: NOTES: - SCHEDULE OF ITEMS 1. Detai
Page 59 and 60: SPECIAL NOTE 1. The rates to be quo
Page 61 and 62: d) If the rate can not be derived a
Page 63 and 64: ORISSA INDUSTRIAL INFRASTRUCTURE DE
Page 65 and 66: 10. When a tender is selected for a
Page 67 and 68: COMMERCIAL & TECHNICAL INFORMATION
Page 69 and 70:
8. RESIDENT ENGINEER: The contracto
Page 71 and 72:
15. No overhead lines should be ere
Page 73 and 74:
SPECIAL CONDITIONS FORMING A PART O
Page 75 and 76:
The amount so due as aforesaid shal
Page 77 and 78:
liabilities Civil or Criminal arisi
Page 79 and 80:
him regarding the correctness of th
Page 81 and 82:
ORISSA P.W.D./ ELECTRICITY DEPARTME
Page 83 and 84:
i) Deductions for absence from duty
Page 85:
BILL OF QUANTITY Sl.No. Description
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