TENDER FOR PROCUREMENT OF LABORATORY EQUIPMENTS ...

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