REQUEST FOR QUOTATION - GAIL (India)

General Conditions of Contractof commencement and completion of work, delays if any, reasonsof delay and other details alongwith documentary evidence(s).4.8 Liability of Government of India: It is expressly understood andagreed by and between Bidder or/Contractor and M/s GAIL(India) Limited, and that M/s GAIL (India) Ltd., is entering intothis agreement solely on its own behalf and not on behalf of anyother person or entity. In particular, it is expressly understoodand agreed that the Government of India is not a party to thisagreement and has no liabilities, obligations or rights hereunder.It is expressly understood and agreed that M/s GAIL (India) Ltd.is an independent legal entity with power and authority to enterinto contracts solely on its own behalf under the applicable Lawsof India and general principles of Contract Law. TheBidder/Contractor expressly agrees, acknowledges andunderstands that M/s GAIL (India) Ltd. is not an agent,representative or delegate of the Government of India. It isfurther understood and agreed that the Government of India isnot and shall not be liable for any acts, omissions, commissions,breaches or other wrongs arising out of the contract.Accordingly, Bidder/Contractor hereby expressly waives,releases and foregoes any and all actions or claims, includingcross claims, impleader claims or counter claims against theGovernment of India arising out of this contract and covenantsnot to sue to Government of India as to any manner, claim,cause of action or thing whatsoever arising of or under thisagreement.5. Transfer of TenderDocuments:5.1 Transfer of Tender Documents purchased by one intendingtenderer to another is not permissible.6. Earnest Money: 6.1 The bidder must pay Earnest Money as given in the letter /noticeinviting tenders and attach the official receipt with the tender failingwhich the tender is liable to be rejected and representatives ofsuch tenderers will not be allowed to attend the tender opening.Earnest Money can be paid in Demand Drafts or Bank Guaranteeor Banker’s Cheque or Letter of Credit from any Indian scheduledbank or a branch of an International bank situated in India andregistered with Reserve Bank of India as scheduled foreignbank. However, other than the Nationalised Indian Banks, thebanks whose BGs are furnished, must be commercial bankshaving net worth in excess of Rs. 100 crores and a declarationto this effect should be made by such commercial bank either inthe bank guarantee itself or separately on a letter head.The bid guarantee shall be submitted in the prescribed format .Note: The Bank Guarantee so furnished by the tenderer shall be inthe proforma prescribed by the EMPLOYER. No interest shall bepaid by the EMPLOYER on the Earnest Money deposited by thetenderer. The Bank Guarantee furnished in lieu of Earnest Moneyshall be kept valid for a period of "SIX MONTHS" from the date ofopening of tender.(TWO MONTHS beyond the bid validity).The Earnest Money deposited by successful tenderer shall beforfeited if the Contractor fails to furnish the requisite ContractPerformance Security as per clause 24 hereof and /or fails to startwork within a period of 15 days or fails to execute theAGREEMENT within 15 days of the receipt by him of theNotification of Acceptance of Tender.10