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sum found payable to any partner/limited company, as the case may be,
whether in his individual company or otherwise.
37.2 LIEN IN RESPECT OF OTHER CONTRACTS
a) Any sum or sums of money due and payable to the Contractor (including the
security deposit returnable to him under the contract) may be withheld or
retained by way of lien by the Purchaser against any claim of this Railway or
any other Railways or any other Departments of the Central Government in
respect of payment of a sum of money arising out of or under any other
contract made by the Contractor with this or any other Railway or any other
department of the Central Government.
b) It is an agreed term of the contract that the sum of money so withheld or retained
under this clause by the purchaser will be kept withheld or retained as such by
the purchaser till the claim arising out of or under any other contract is
either mutually settled or determined by the Arbitrator if the other contract is
governed by the Arbitration clause or by the competent court as the case may
be, and that the contractor shall have no claim for interest or damages in respect
of any sum of money withheld or retained under this clause and duly notified to
the contractor.
38. UNIT PRICES
38.1 The prices quoted by the Tenderer shall include the prices of materials including
all incidental charges for transport, loading/unloading and handling of
materials, commission for arranging dispatch by rail / road direct from
manufacturer's factory and completing all necessary formalities in this respect,
such as submission of forwarding notes, arranging placement of Wagon,
collection of banker's charges for Bank guarantee, Indemnity Bonds, inclusive
of cost of Stamp etc. as also siding or shunting charges, if any, levied by the
Railway. The break up of the basic cost and other taxes and duties shall be
positively submitted.
38.2 The prices shall include all taxes, duties, Royalty and levies (including Octroi
etc.) applicable on this Works Contract. Therefore, they should quote their prices
taking into account the rate of sales tax as leviable in the event of sale to the
Central Government Organisation etc. It is clarified that required form applicable
for this purpose will be supplied to the contractor, as applicable in the state where
the contract is being executed. The prices shall also include provision for losses
and wastage in transit and installation and commissioning.
38.3 The prices quoted by the tenderer shall include cost of commissioning and
testing and all costs of Administration of Contract, Insurance Premium,
Signature of contractor Page 74 of 104 Dy CSTE/Proj/IRPMU/CNB