REQUEST FOR QUOTATION - GAIL (India)
REQUEST FOR QUOTATION - GAIL (India) REQUEST FOR QUOTATION - GAIL (India)
General Conditions of Contract106 Health and sanitaryarrangements for workers:106.1 In respect of all labour directly or indirectly employed in theWORKS for the performance of the CONTRACTOR's partof this agreement, the CONTRACTOR shall comply with orcause to be complied with all the rules and regulations ofthe local sanitary and other authorities or as framed by theEMPLOYER from time to time for the protection of healthand sanitary arrangements for all workers.106.2 The CONTRACTOR shall provide in the labour colony allamenities such as electricity, water and other sanitary andhealth arrangements. The CONTRACTOR shall alsoprovide necessary surface transportation to the place ofwork and back to the colony for their personnelaccommodated in the labour colony.SECTION-IXAPPLICABLE LAWS AND SETTLEMENT OF DISPUTES107 Arbitration: 107.1 Unless otherwise specified, the matters where decision ofthe Engineer-in-Charge is deemed to be final and bindingas provided in the Agreement and the issues/disputeswhich cannot be mutually resolved within a reasonabletime, all disputes shall be referred to arbitration by SoleArbitrator.The Employer [GAIL (India) Ltd.] shall suggest a panel ofthree independent and distinguished persons to thebidder/contractor/supplier/buyer (as the case may be) toselect any one among them to act as the Sole Arbitrator.In the event of failure of the other parties to select theSole Arbitrator within 30 days from the receipt of thecommunication suggesting the panel of arbitrators, theright of selection of the sole arbitrator by the other partyshall stand forfeited and the EMPLOYER (GAIL) shallhave discretion to proceed with the appointment of theSole Arbitrator. The decision of Employer on theappointment of the sole arbitrator shall be final andbinding on the parties.The award of sole arbitrator shall be final and binding onthe parties and unless directed/awarded otherwise by thesole arbitrator, the cost of arbitration proceedings shallbe shared equally by the parties. The Arbitrationproceedings shall be in English language and venueshall be New Delhi, India.Subject to the above, the provisions of (Indian)Arbitration & Conciliation ACT 1996 and the Rulesframed there under shall be applicable. All matterrelating to this contract are subject to the exclusivejurisdiction of the court situated in the state of Delhi.Bidders/suppliers/contractors may please note that theArbitration & Conciliation Act 1996 was enacted by the65
General Conditions of ContractIndian Parliament and is based on United NationsCommission on International Trade Law (UNCITRALmodel law), which were prepared after extensiveconsultation with Arbitral Institutions and centers ofInternational Commercial Arbitration. The United NationsGeneral Assembly vide resolution 31/98 adopted theUNCITRAL Arbitration rules on 15 December 1976.107.2 FOR THE SETTLEMENT OF DISPUTES BETWEENGOVERNMENT DEPARTMENT AND ANOTHER ANDONE GOVERNMENT DEPARTMENT AND PUBLICENTERPRISE AND ONE PUBLIC ENTERPRISE ANDANOTHER THE ARBITRATION SHALL BE ASFOLLOWS:"In the event of any dispute or difference between theparties hereto, such dispute or difference shall beresolved amicably by mutual consultation or through thegood offices of empowered agencies of the Government.If such resolution is not possible, then, the unresolveddispute or difference shall be referred to arbitration of anarbitrator to be nominated by Secretary, Department ofLegal Affairs ("Law Secretary") in terms of the OfficeMemorandum No.55/3/1/75-CF, dated the 19thDecember 1975 issued by the Cabinet Secretariat(Department of Cabinet Affairs), as modified from time totime. The Arbitration Act 1940 (10 of 1940) shall not beapplicable to the arbitration under this clause. The awardof the Arbitrator shall be binding upon parties to thedispute. Provided, however, any party aggrieved by suchaward may make a further reference for setting aside orrevision of the award to Law Secretary whose decisionshall bind the parties finally and conclusively.108 Jurisdiction: 108.1 The CONTRACT shall be governed by and constructedaccording to the laws in force in INDIA. TheCONTRACTOR hereby submits to the jurisdiction of theCourts situated at DELHI for the purposes of disputes,actions and proceedings arising out of the CONTRACT, thecourts at DELHI only will have the jurisdiction to hear anddecide such disputed, actions and proceedings.SECTION-XSAFETY CODES109 General: 109.1 CONTRACTOR shall adhere to safe construction practiceand guard against hazardous, and unsafe workingconditions and shall comply with EMPLOYER's safety rulesas set forth herein. Prior to start of construction,CONTRACTOR will be furnished copies of EMPLOYER's"Safety Code" for information and guidance, if it has beenprepared.110 Safety regulations: 110.1 i) In respect of all labour, directly employed in theWORK for the performance of CONTRACTOR's part66
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General Conditions of Contract<strong>India</strong>n Parliament and is based on United NationsCommission on International Trade Law (UNCITRALmodel law), which were prepared after extensiveconsultation with Arbitral Institutions and centers ofInternational Commercial Arbitration. The United NationsGeneral Assembly vide resolution 31/98 adopted theUNCITRAL Arbitration rules on 15 December 1976.107.2 <strong>FOR</strong> THE SETTLEMENT OF DISPUTES BETWEENGOVERNMENT DEPARTMENT AND ANOTHER ANDONE GOVERNMENT DEPARTMENT AND PUBLICENTERPRISE AND ONE PUBLIC ENTERPRISE ANDANOTHER THE ARBITRATION SHALL BE ASFOLLOWS:"In the event of any dispute or difference between theparties hereto, such dispute or difference shall beresolved amicably by mutual consultation or through thegood offices of empowered agencies of the Government.If such resolution is not possible, then, the unresolveddispute or difference shall be referred to arbitration of anarbitrator to be nominated by Secretary, Department ofLegal Affairs ("Law Secretary") in terms of the OfficeMemorandum No.55/3/1/75-CF, dated the 19thDecember 1975 issued by the Cabinet Secretariat(Department of Cabinet Affairs), as modified from time totime. The Arbitration Act 1940 (10 of 1940) shall not beapplicable to the arbitration under this clause. The awardof the Arbitrator shall be binding upon parties to thedispute. Provided, however, any party aggrieved by suchaward may make a further reference for setting aside orrevision of the award to Law Secretary whose decisionshall bind the parties finally and conclusively.108 Jurisdiction: 108.1 The CONTRACT shall be governed by and constructedaccording to the laws in force in INDIA. TheCONTRACTOR hereby submits to the jurisdiction of theCourts situated at DELHI for the purposes of disputes,actions and proceedings arising out of the CONTRACT, thecourts at DELHI only will have the jurisdiction to hear anddecide such disputed, actions and proceedings.SECTION-XSAFETY CODES109 General: 109.1 CONTRACTOR shall adhere to safe construction practiceand guard against hazardous, and unsafe workingconditions and shall comply with EMPLOYER's safety rulesas set forth herein. Prior to start of construction,CONTRACTOR will be furnished copies of EMPLOYER's"Safety Code" for information and guidance, if it has beenprepared.110 Safety regulations: 110.1 i) In respect of all labour, directly employed in theWORK for the performance of CONTRACTOR's part66
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