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www.cdit.org Centre for Development of Imaging Technology (C-DIT ...

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payment within 30 days time after successful installation <strong>of</strong> theequipments at site 6. Default in delivery schedule: In case thetenderer/supplier fails to supply items ordered within the time provided<strong>for</strong> delivery, or the supplier commits any breach <strong>of</strong> the contract, it shallbe lawful <strong>for</strong> the society to arrange <strong>for</strong> the purchase <strong>of</strong> the said itemsand things from elsewhere or to cancel the contract at the risk andcost <strong>of</strong> the supplier. 7. Other conditions: a) The tenderer /Supplier shallundertake to supply materials according to the relevant national/international standards/specifications. No representation <strong>of</strong>enhancement <strong>of</strong> rates once accepted will be considered. b). Bids willbe accepted from bonafide manufactures or their direct authoriseddealers only. If the bidder is the original manufacturer, he should besourcing the components /part systems. If dealer, the validauthorisation/dealership certificate should be produced. c) Thebidders, <strong>for</strong> the maintenance <strong>of</strong> supplied system/ components shouldhave adequate service facility in Tvpm. d). The price quoted shouldbe valid <strong>for</strong> minimum 3 months time, from the date <strong>of</strong> receipt <strong>of</strong> initialconfirmed order. e). Any deviation in the specifications in comparisonwith the requirement should be clearly brought to the notice <strong>of</strong> C-<strong>DIT</strong>.g). Warranty <strong>for</strong> the laptop: Minimum 1 year onsite from the date <strong>of</strong>Supply & Installation at Site, For N/W Components- As <strong>of</strong>fered by theManufacturer.2. The specification and conditions should be clear and any deviationshould be brought to the notice.Sd/ REGISTRAR, C-<strong>DIT</strong>Dated 12.02.2009


This guarantee shall be irrevocable and shall remain valid upto……***…………………………….. If any further extension is remitted thesame shall be extended to such required period (not exceeding oneyear) on receiving instructions from M/s. ………………………………. Onwhose behalf this guarantee is issued.In witness where<strong>of</strong> the Bank, through its authorised Officer, has set its handand stamp on this ………………………. Day <strong>of</strong> ………………………. Month200 ……. at …………………………..WITNESS……………………………….(Signature)(Name)(Signature)………………………………..Designation withBank stamp(Name)No :………………………………….Power <strong>of</strong> AttorneyDate(Official Address)Notes :- The stamp paper is to be purchased in the name <strong>of</strong>Executing Bank* This date shall be due date <strong>of</strong> tender opening** The amount shall be 2% <strong>of</strong> the bid price*** The validity date shall be 210 days from the due date <strong>of</strong> bidopening


ANNEXURE IIPROFORMA OF “AGREEMENT”(To be executed on non-Judicial Stamp Paper)This Agreement made this. day <strong>of</strong> ………………………… Two thousandand ……………………………………. Between <strong>Centre</strong> <strong>for</strong> <strong>Development</strong> <strong>of</strong><strong>Imaging</strong> <strong>Technology</strong>, a Society, registered under the Travancore-CochinLiterary, Scientific and Charitable Societies Registration Act XII <strong>of</strong> 1955,having its registered Office at Chitranjali Hills, Thiruvallom, Trivandrum 695027 (hereinafter referred to as “C-<strong>DIT</strong>” which expression shall include itsadministrators, successors, executors and assigns) <strong>of</strong> the one part and…………………………… a company/firm incorporated under the.. havingits registered Office at ………………………………………… (hereinafterreferred to as the “Contractor” or ………………………. “X”…………………………. (brief name <strong>of</strong> contracting Co.)………………………………… (which expression shall include itsadministrators, successors, executors and permitted assigns) <strong>of</strong> the otherpart.WHEREAS C-<strong>DIT</strong> has invited bids <strong>for</strong> …………………………………………(briefly describe scope <strong>of</strong> …………………………. the………………………………………….. (work) as per its specification Ref. No.……………………………………………………AND WHEREAS..…………………….. “X” ……………………………………………had participated in the above referred bidding vide their proposal No.……………………………………….. dated …………………………….. and C-<strong>DIT</strong>accepted their a<strong>for</strong>esaid proposal and awarded the dated……………………………… and C-<strong>DIT</strong> accepted their a<strong>for</strong>esaid proposaland awarded the contract to. “X” ……………………………. on terms andconditions contained in its letter <strong>of</strong> Indent/Purchase Order No.……………………………………….. dated ………………………. And thedocuments referred to therein, which have been accepted by………………….”X” ………………………... resulting into a “Contract”NOW THEREFORE THIS DEED WITNESSETH AS UNDER :-Article 1.0AWARD OF CONTRACTC-<strong>DIT</strong> has awarded the contract to ……………………………. “X”……………………….. <strong>for</strong> the work <strong>of</strong> ……………………………………. on theterms and conditions contained in its letter <strong>of</strong> Indent/Purchase Order No.


……………………………………….. dated ………………………………….. andthe documents referred to therein. The award has taken effect from.………………………i.e. ……………….. the date <strong>of</strong> issue <strong>of</strong> the a<strong>for</strong>esaidLetter. The terms & expressions used in this Agreement shall have thesame meaning as are assigned to them in the “Contract Documents”referred to in the succeeding Article.Article 2.0CONTRACT DOCUMENTSThe Contract shall be per<strong>for</strong>med strictly as per the terms and conditionsstipulated herein and in the following documents attached herewith(hereinafter referred to as “Contract Documents”).Article 3.0CON<strong>DIT</strong>IONS & CONVENANTSThe scope <strong>of</strong> Contract, Consideration, Terms <strong>of</strong> payment, priceAdjustment, Taxes wherever applicable, Insurance, liquidated Damages,per<strong>for</strong>mance, Guarantee and all other terms and conditions arecontained in C-<strong>DIT</strong>’s Purchase Order No. …………………………. dated…………………… read in conjunction with other a<strong>for</strong>esaid Contractdocuments. The Contract shall be only per<strong>for</strong>med by the Contractorstrictly and faithfully in accordance with the terms <strong>of</strong> the Agreement.The scope <strong>of</strong> work shall also include supply and installation <strong>of</strong> all suchitems which are not specifically mentioned in the contract Documents,but which are needed <strong>for</strong> successful, efficient, safe & reliable operation <strong>of</strong>the equipment unless otherwise specifically excluded in the specificationsunder "“exclusions” or Purchase Order.TIME SCHEDULE: Time is the essence <strong>of</strong> the contract and schedules shallbe strictly adhered to. “X” shall per<strong>for</strong>m the work in accordance with theagreed schedule as given in letter <strong>of</strong> Indent/Purchase Order.The Contractor guarantees that the equipment package under thecontract shall meet the ratings and per<strong>for</strong>mance parameters, asstipulated in the Technical Specifications (Volume II) and in the event <strong>of</strong>any deficiencies found in the requisite per<strong>for</strong>mance figures, the C-<strong>DIT</strong> mayat its option reject the equipment package or alternatively accept it onthe terms and conditions and subject to levy <strong>of</strong> the liquidated damages interms <strong>of</strong> Contract Documents. The amount <strong>of</strong> liquidated damages soleviable shall be in accordance with the Contract Documents andwithout any limitation.


It is further agreed by the Contractor that the Contract per<strong>for</strong>manceGuarantee shall in no way be construed to limit or restrict the C-<strong>DIT</strong>’s rightto recover the damages/compensation due to short-fall in the equipmentper<strong>for</strong>mance figures as stated in para 3.4 above or under any otherclause <strong>of</strong> the Agreement. The amount <strong>of</strong> damages/Compensation shallbe recoverable either by way <strong>of</strong> deduction from the contract price,contract per<strong>for</strong>mance guarantee and/or otherwise.The Contract per<strong>for</strong>mance Guarantee furnished by the Contractor isirrevocable and un-conditional and the C-<strong>DIT</strong> shall have the powers toinvoke it notwithstanding any dispute or difference between the C-<strong>DIT</strong>and the contractor pending be<strong>for</strong>e any court, tribunal, arbitrator or anyother authority.This Agreement constitutes full and complete understanding between theparties and terms <strong>of</strong> the presents. It shall supersede all priorcorrespondence to the extent <strong>of</strong> inconsistency <strong>of</strong> repugnancy to theterms and conditions contained in the Agreement. Any modification <strong>of</strong>the Agreement shall be effected only by a written instrument signed bythe authorised representatives <strong>of</strong> both the parties.Article 4.0 SETTLEMENTS OF DISPUTESIt is specifically agreed by and between the parties that all the differencesor disputes arising out <strong>of</strong> the Agreement or touching the subject matter <strong>of</strong>the Agreement shall be decided by process <strong>of</strong> settlement & Arbitration asspecified in clause.. and ……………………. <strong>of</strong> the conditions <strong>of</strong> thecontract and the provisions <strong>of</strong> the Indian Arbitration Act, 1940 shall applyand Kerala Courts alone shall have exclusive jurisdiction over the same.NOTICE OF DEFAULTNotice <strong>of</strong> default given by either party to the other party under theAgreement shall be in writing and shall be deemed to have been dulyand properly served upon the parties here to if delivered againstacknowledgement or by telex or by registered mail withacknowledgement due addressed to the signatories at the addressesmentioned hereinabove.IN WITNESS WHEREOF, the parties through their duly authorisedrepresentatives have executed these presents (execution where <strong>of</strong> hasbeen approved by the competent authorities <strong>of</strong> both the parties) on theday, month and year first above mentioned at Trivandrum.


WITNESSC-<strong>DIT</strong>1. …………………………… (Signature)(Name)2. …………………………… (Designation)(Seal)1. …………………………… (Contractors signature)(Designation)(Seal)2. ……………………………

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