TENDER FOR PROCUREMENT OF LABORATORY EQUIPMENTS ...

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Tea Board/Kolkata/2011-12- QCL Tender Document-Originalcertification for successful execution of supply order and rest 5%will be given within next three month after getting certificate fromthe consignee on successful smooth functioning of the installedmachines/equipments.9 FORCE MAJURE:“Force Majure” means an event beyond the control of the supplierand not involving the supplier’s fault or negligence and not limited toacts of the purchaser either in its sovereign or contractual capacity,wars or revolutions, fires, floods, epidemics, quarantine restrictionsand freight embargoes.If a force Majure situation arises, the supplier will promptly notifythe purchaser in writing of such conditions and the cause thereof.Unless otherwise directed by the purchaser in writing the suppliershall continue to perform its obligations under the contract as far asis reasonably practical, and shall seek all reasonable alternativemeans for performance not prevented by the Force Majure10 TERMINATION FOR INSOLVENCYThe Purchaser may at any time terminate the Contract by givingwritten notice to the Supplier, without compensation to the supplier,if the Supplier becomes bankrupt or otherwise insolvent, providedthat such termination will not prejudice or effect any right of actionor remedy which has accrued or will accrue thereafter to thepurchaser.11 CLARITY OF INFORMATIONVendors must furnish specifically the information/clarification wheresought in terms of tender document. Vague/ambiguous answeringagainst different paras will not suffice and their tender may betreated as cancelled.12 COST OF TENDERINGThe Tenderer shall bear all costs associated with the preparationand submission of its tender and Board (Purchaser) will in no casebe responsible and liable for those costs regardless of the conductor out come of the tendering process.13 PATENT RIGHTS:The successful Tenderer shall indemnify the Board against all thirdparty claims of infringement of patent, trademark or Industrialdesign rights arising from use of goods so supplied to the Board.14 RESOLUTION OF DISPUTEAny dispute arising out of this tender, during the contract period orcompletion and whether before or after the termination,abandonment or breach of the contract shall be referred to thearbitrator. Chairman, Tea Board, 14, B. T. M Sarani, Kolkata-70013
Tea Board/Kolkata/2011-12- QCL Tender Document-Original001 will be the arbitrator in all such cases as per the IndianArbitration and Conciliation Act, 1996 whose decision shall be finaland binding.15 INTERPRETATIONS AND JURISDICTIONThe Contract shall be interpreted in accordance with the laws of theUnion of India and course at Kolkata shall have the sole jurisdictionin the event of any dispute not referred for arbitration.A. PROFORMA FOR BANK GUARANTEEAnnexure-‘A’(Ref: Para 7.20, page 11)In consideration of the President of India (hereinafter called “The Government”)having agreed to exempt ____________________________ (hereinafter called “the saidContractor” from the demand, under the terms and conditions of an Agreement dated________________ made between __________________ and_____________________for supply of equipment (hereinafter called “the said Agreement”), of security deposit forthe due fulfillment by the said Contractor of the terms and conditions contained in thesaid Agreement, on production of a Bank Guarantee for Rs. _______________________(Rupees ___________________________________________________________only). We, (indicate the name of the Bank)______________________________________ hereinafter referred to as “The Bank”) atthe request of the said Contractor do hereby undertake to pay to the government anamount not exceeding Rs. ___________________ against any loss or damage causedto or suffered or would be caused to or suffered by the Government by reason of anybreach by the said Contractor of any of the terms or conditions in the said Agreement.2. We (indicate the name of the Bank) ________________________________ dohereby undertake to pay the amounts due and payable under this Guaranteewithout any demur, merely on a demand from the Government stating that theamount claimed is due by way of loss or damage caused to or would be caused toor suffered by the Govt. by reason of breach by the said Contractor any of theterms or conditions contained in the said Agreement or by reason of thecontractor’s failure to perform the said Agreement. Any such demand made on theBank shall be conclusive as regards the amount due and payable buy the Bankunder this Guarantee. However, our liability, under this Guarantee shall berestricted to an amount not exceeding Rs.___________________________3. We undertake to pay to the Government any money so demanded notwithstanding any disputes that may be pending or any raised by the Contractors inany suit or proceeding pending before any Court or Tribunal relating thereto, ourliability under this Guarantee being absolute and unequivocal. The payment somade us under this Guarantee shall be valid discharge of our liability for paymentthere under and the Contractor shall have no claim against us for making suchpayment.14
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