REQUEST FOR QUOTATION - GAIL (India)
REQUEST FOR QUOTATION - GAIL (India) REQUEST FOR QUOTATION - GAIL (India)
General Conditions of ContractPROFORMA OF INDEMNITY BOND FOR SUPPLY OF MATERIALS BY EMPLOYER(To be executed on non-judicial stamped paper of appropriate value)WHEREAS GAIL (INDIA) LTD. (hereinafter referred to as GAIL) which expression shallunless repugnant to the context includes their legal representatives, successors andassigns having their registered office at 16, Bhikaiji Cama Place; R.K.Puram New Delhihas entered into a CONTRACT with ______________________ (hereinafter referred toas the CONTRACTOR which expression shall unless repugnant to the context includetheir legal representatives, successors and assigns) for ____________________on theterms and conditions as set out, inter-alia, in the CONTRACT No.................Dated............. and various documents forming part thereof hereinafter collectivelyreferred to as the "CONTRACT" which expression shall include all amendments,modifications and/or variations thereto.AND WHEREASi) GAIL has agreed to supply to the CONTRACTOR, equipment, plants andmaterials (finished, semi-finished and raw)for the purpose of EXECUTION of thesaid CONTRACT by the CONTRACTOR (the equipment, plants and materials tobe supplied by GAIL to the CONTRACTOR, hereinafter for the sake of brevityreferred to as the "said materials") and pending execution by the CONTRACTORof the CONTRACT incorporating the said materials, the said materials shall beunder the custody and charge of the CONTRACTOR and shall be kept, stored,altered, worked upon and/or fabricated at the sole risk and expense of theCONTRACTOR.ii)As a pre-condition to the supply of the said materials by GAIL to theCONTRACTOR, GAIL has required the CONTRACTOR to furnish to GAIL anIndemnity Bond in the manner and upon terms and conditions hereinafterindicated.NOW, THEREFORE, in consideration of the premises aforesaid theCONTRACTOR hereby irrevocably and unconditionally undertakes to indemnifyand keep indemnified GAIL from and against all loss, damage and destruction(inclusive but not limited to any or all loss or damage or destruction to or of thesaid materials or any item or part thereof by theft, pilferage, fire, flood, storm,tempest, lightning, explosion, storage, chemical or physical action or reaction,binding, warping, exposure, rusting, faulty workmanship, faulty fabrication, orfaulty method or technique of fabrication, strike, riot, civil commotion, or other actor omission or commission whatsoever within or beyond the control of theCONTRACTOR, misuse and misappropriation (inclusive but not limited to themisuse or misappropriation by the CONTRACTOR and the Contractor's servantsand/or agents) whatsoever to, or of in the said materials or any part of themthereof from the date that the same or relative part of item thereof was supplied tothe CONTRACTOR upto and until the date of return to GAIL of the said materialsor relative part of item thereof or completed fabricated works(s) incorporating thesaid material and undertake to pay to GAIL forthwith on demand in writing withoutprotest or demur the value as specified by GAIL of the said material or item or part74
General Conditions of Contractthereof, lost, damaged, destroyed, misused and/or misappropriated, as the casemay be or, together with GAIL'S costs and expenses (inclusive of but not limitedto handling, transportation, cartage, insurance, freight, packing and inspectioncosts/or expenses upto) and aggregate limit ofRs.______________________________________________(Rupees____________________________________________________________________________________Only).AND THE CONTRACTOR hereby agrees with GAIL that:i) This Indemnity/Undertaking shall be a continuing Indemnity/ Undertakingand shall remain valid and irrevocable for all claims of GAIL arisinghereunder upto and until the midnight of ________________. However, ifthe CONTRACT for which this Indemnity/Undertaking is given is notcompleted by this date, the CONTRACTOR hereby agrees to extend theIndemnity/Undertaking till such time as is required to fulfil the CONTRACT.ii)iii)This Indemnity/Undertaking shall not be determined by any change inconstitution or upon insolvency of the CONTRACTOR but shall be in allrespects and for all purposes be binding and operative until payment of allmoneys payable to GAIL in terms of hereof.The mere statement of allegation made by or on behalf of GAIL in anynotice or demand or other writing addressed to the CONTRACTOR as toany of the said material or item or part thereof having been lost , damaged,destroyed, misused or misappropriated while in the custody of theCONTRACTOR and/or prior to completion of the completed fabricatedwork(s) and delivery to job site thereof incorporating the said materialsshall be conclusive of the factum of the said material or item or part thereofhaving been supplied to the CONTRACTOR and/or the loss, damage,destruction, misuse or misappropriation thereof, as the case may be, whilein the custody of the CONTRACTOR and/or prior to the completion of thecompleted fabricated work(s) and delivery to job site thereof incorporatingthe said materials without necessity on the part of GAIL to produce anydocumentary proof or other evidence whatsoever in support of this.iv)The amount stated in any notice of demand addressed by GAIL to theCONTRACTOR as to the value of such said materials lost, damaged,destroyed, misused or misappropriated, inclusive relative to the costs andexpenses incurred by GAIL in connection therewith shall be conclusive ofthe value of such said materials and the said cost and expenses as also ofthe amount liable to be paid to GAIL to produce any voucher, bill or otherdocumentation or evidence whatsoever in support thereof and suchamount shall be paid without any demur and on demand and no disputeshall be raised concerning the same.75
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General Conditions of Contractthereof, lost, damaged, destroyed, misused and/or misappropriated, as the casemay be or, together with <strong>GAIL</strong>'S costs and expenses (inclusive of but not limitedto handling, transportation, cartage, insurance, freight, packing and inspectioncosts/or expenses upto) and aggregate limit ofRs.______________________________________________(Rupees____________________________________________________________________________________Only).AND THE CONTRACTOR hereby agrees with <strong>GAIL</strong> that:i) This Indemnity/Undertaking shall be a continuing Indemnity/ Undertakingand shall remain valid and irrevocable for all claims of <strong>GAIL</strong> arisinghereunder upto and until the midnight of ________________. However, ifthe CONTRACT for which this Indemnity/Undertaking is given is notcompleted by this date, the CONTRACTOR hereby agrees to extend theIndemnity/Undertaking till such time as is required to fulfil the CONTRACT.ii)iii)This Indemnity/Undertaking shall not be determined by any change inconstitution or upon insolvency of the CONTRACTOR but shall be in allrespects and for all purposes be binding and operative until payment of allmoneys payable to <strong>GAIL</strong> in terms of hereof.The mere statement of allegation made by or on behalf of <strong>GAIL</strong> in anynotice or demand or other writing addressed to the CONTRACTOR as toany of the said material or item or part thereof having been lost , damaged,destroyed, misused or misappropriated while in the custody of theCONTRACTOR and/or prior to completion of the completed fabricatedwork(s) and delivery to job site thereof incorporating the said materialsshall be conclusive of the factum of the said material or item or part thereofhaving been supplied to the CONTRACTOR and/or the loss, damage,destruction, misuse or misappropriation thereof, as the case may be, whilein the custody of the CONTRACTOR and/or prior to the completion of thecompleted fabricated work(s) and delivery to job site thereof incorporatingthe said materials without necessity on the part of <strong>GAIL</strong> to produce anydocumentary proof or other evidence whatsoever in support of this.iv)The amount stated in any notice of demand addressed by <strong>GAIL</strong> to theCONTRACTOR as to the value of such said materials lost, damaged,destroyed, misused or misappropriated, inclusive relative to the costs andexpenses incurred by <strong>GAIL</strong> in connection therewith shall be conclusive ofthe value of such said materials and the said cost and expenses as also ofthe amount liable to be paid to <strong>GAIL</strong> to produce any voucher, bill or otherdocumentation or evidence whatsoever in support thereof and suchamount shall be paid without any demur and on demand and no disputeshall be raised concerning the same.75
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