11.07.2015 Views

REQUEST FOR QUOTATION - GAIL (India)

REQUEST FOR QUOTATION - GAIL (India)

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General Conditions of Contractassessment shall be final and binding on the parties. In theevent of such cancellation, the EMPLOYER shall not hold theestate of the diseased CONTRACTOR and/or the survivingpartners of the CONTRACTOR'S firm liable for any damages fornon-completion of CONTRACT.32(B) TERMINATION OF CONTRACT IN CASE OF LIQUIDATION /BANKRUPTCY ETC.If the Contractor shall dissolve or become bankrupt or insolventor cause or suffer any receiver to be appointed of his businessof any assets thereof compound with his Creditors, or being acorporation commence to be wound up, not being a member’svoluntary winding up for the purpose of amalgamation orreconstruction, or carry on its business under a Receiver forthe benefits of its Creditors any of them, EMPLOYER shall beat liberty :-To terminate the contract forthwith upon coming to know of thehappening of any such event as aforesaid by notice in writing tothe Contractor or to give the Receiver or liquidator or otherperson, the option of carrying out the contract subject to hisproviding a guarantee upto an amount to be agreed upon byEMPLOYER for due and faithful performance of the contract.32 (C) TERMINATION OF CONTRACT <strong>FOR</strong> NON-PER<strong>FOR</strong>MANCEAND SUBSEQUENTLY PUTTING THE CONTRACTOR ONHOLIDAY:In case of termination of CONTRACT herein set forth (underclause 29.0) except under conditions of Force Majeure andtermination after expiry of contract, the CONTRACTOR shall beput under holiday [i.e. neither any enquiry will be issued to theparty by <strong>GAIL</strong> (<strong>India</strong>) Ltd. against any type of tender nor theiroffer will be considered by <strong>GAIL</strong> against any ongoing tender (s)where contract between <strong>GAIL</strong> and that particularCONTRACTOR (as a bidder) has not been finalized] for threeyears from the date of termination by <strong>GAIL</strong> (<strong>India</strong>) Ltd. to suchCONTRACTOR.33 Members of the employernot individually liable :34 Employer not bound bypersonalrepresentations:35 Contractor's office atsite:33.1 No Director, or official or employee of the EMPLOYER/CONSULTANT shall in any way be personally bound or liable forthe acts or obligations of the EMPLOYER under the CONTRACTor answerable for any default or omission in the observance orperformance of any of the acts, matters or things which areherein contained.34.1 The CONTRACTOR shall not be entitled to any increase on thescheduled rates or any other right or claim whatsoever by reasonof any representation, explanation statement or allegedrepresentation, promise or guarantees given or alleged to havebeen given to him by any person.35.1 The CONTRACTOR shall provide and maintain an office at thesite for the accommodation of his agent and staff and such officeshall be open at all reasonable hours to receive instructions,notice or other communications. The CONTRACTOR at all timeshall maintain a site instruction book and compliance of theseshall be communicated to the ENGINEER-IN CHARGE from timeto time and the whole document to be preserved and handedover after completion of works.23

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