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BID DOCUMENT - IDCO

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CONDITIONS OF CONTRACT<br />

CLAUSE - I<br />

All compensation/penalty or other sums of money payable by the Contractor to Corporation under the terms of this<br />

contract may be deducted from, or paid by, the sale or a sufficient part of his security deposit or from the interest<br />

arising there from, or from any sums which may be due or may become due to the Contractor by the Corporation on<br />

any account whatsoever and in the event of his security deposit being reduced by reason of any such deduction or<br />

sales as aforesaid the Contractor shall within ten days thereafter make good in cash or Bank Draft any sum or sums<br />

which may have been deducted from, or raised by, sale of the security deposit or any part thereof.<br />

CLAUSE - II<br />

PENALTY FOR DELAY:<br />

Time is deemed to be essence of the contract on the part of the Contractor. The time allowed for carrying out the<br />

work as entered in the tender shall be strictly observed by the Contractor and shall be reckoned from the date on<br />

which the written order to commence the work is given to the Contractor. On receipt of the work order, the<br />

Contractor will give a schedule of construction and stick to the time schedule during execution. In case he fails to<br />

observe the approved time schedule during the intermediate period of the execution of work, penalty will be levied<br />

and will be recovered @ 1 / 2 % on the value of work lagging behind for every week delay in execution of the portion or<br />

component of work for which programme is given in the time schedule.<br />

The penalty thus recovered at different stages may be waived in full or part if the authorized person of <strong>IDCO</strong> incharge<br />

of the work is satisfied that the Contractor has made up the delay at subsequent stages and the work<br />

proceeds as per original time schedule. The decision of the authorized officer in charge of the work is final and<br />

binding as regards recovery and waive of penalty at the intermediate stages of the execution of the work.<br />

If the work is delayed at the completion stage the penalty levied cannot be considered unless the work is finished in<br />

all respect within the time schedule. The work should not be considered as finished until such date as the<br />

Corporation shall satisfy as the date on which the work is finished after necessary rectification of defects as pointed<br />

out by the Corporation or its authorized officer are fully complied with by the Contractor to the Corporations<br />

satisfaction provided all ways that entire amount of penalty to be paid under provision of this Clause shall not<br />

exceed 10% of the contract value of the work.<br />

Penalty levied for any delay which will occur during the last 3 months of the contract period can not be considered<br />

for waiver by any Authority other than the Managing Directors of the Corporation. Subject to the consideration that<br />

the application for waiver or penalty to the Managing Director of the Corporation can only be considered if work gets<br />

finally finished within time schedule.<br />

It is mutually agreed by both the parties that in case of any dispute arising out of the provisions of this clause, the<br />

decision of the Managing Director of the Corporation is final and binding on both the parties and the decision is<br />

neither arbitrable or changeable within the court of law.<br />

CLAUSE - III<br />

ACTION WHEN WHOLE SECURITY DEPOSIT IS FORFEITED :<br />

57

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