Download Here - Indraprastha Power Generation Co. Ltd.

Download Here - Indraprastha Power Generation Co. Ltd. Download Here - Indraprastha Power Generation Co. Ltd.

ipgcl.ppcl.gov.in
from ipgcl.ppcl.gov.in More from this publisher
13.07.2015 Views

All packages and unpacked materials shall be marked at least on two places indicating thename of the Purchaser/ Consignee, Purchase Order No. Gross and net weights and dimensionwith indelible paint in English. In case of bundle, metallic plates marked with the above detailsshall be tagged with such bundles.All goods should be dispatched as per the relevant terms of the Purchase Order. In case anymode of transports has to be resorted to other than that mentioned in the Purchaser Order thesame shall be done only after obtaining prior approval in writing from the Purchaser. Allmovement sections loading permissions etc. from the railway authorities shall be obtained byvendor. The vendor shall communicate the relevant dispatch particulars immediately ondispatch by fax/speed post to the consignee as specified in the Purchase Order.The vendor shall also forward original and copies of dispatch documents to the concernedauthorities as required in the Purchase Order within two days from the date of dispatch, failingwhich the vendor shall be responsible for any delay, in payment of consignment for want ofdocuments and consequent demurrage, detention charges etc.30. Sale Conditions: With the vendor’s acceptance of the provision of this Purchase Order, hewaives and consider as cancelled any of the general special/sales conditions.31. Modifications: This order constitutes an entire agreement between the parties hereto. Anymodifications to this order shall become binding only upon the same being confirmed in writingduly singed by both the parties.32. Performance Guarantee: The vendor shall ensure that all material/equipments/servicesexecuted rendered under this order shall confirm to the Purchasers requirements andspecifications. The vendor guarantees the Materials/equipment/service under these orders for aperiod of 18 months from the date of receipt or 12 months from the date of commissioning,whichever is earlier. The vendor agrees to replace any materials which have been proveddefective or fails to conform to the desired specified specifications free of cost to the Purchaser.The guarantee period for such replaced part shall be the same as that equipment/ servicesrendered or specified earlier. The vendor shall furnish 10% of the total value of the Order, and5% in the case supplies, as per the Performa enclosed towards the performance guarantee.Bank Guarantee shall be from any nationalize bank or other banks as per IPGCL / PPCLapproved list. Purchaser shall at his discretion have recourse to the said Bank Guarantee forthe recovery of any or all amount due from the vendor in connection with the recovery of any orall amount due from the vendor in connection with contract including of guarantee obligations.Checking/approval of vendor drawing, inspection and acceptance ofmaterials/equipments/furnishing document to effect shipment and or work done for erection,installation and commission of the equipment by the Purchaser or any other agency on behalf ofthe Purchaser shall not in any way relieve the vendor from the responsibility for properperformance during the guarantee period.Mode of dispatch: In case of advance payment or payment through bank, vendor shalldispatch the materials as per schedule mode of dispatch and though approved transporter andany violations to this effect without taking prior written approval from the purchaser is notpermissible.Demurrage/ Wharfage: In case where documents are negotiated through Bank, anyconsequential charges e.g. demurrage/wharfage charges due to late retirement of document onaccount of (i) violation of the inspection clause, (ii) material dispatched after expiry of deliveryperiod without obtaining approval in advance for extension of delivery period (iii) dispatch ofmaterials not as per schedule mode of despatch / approved transport as per PO (iv) late receiptof invoice or due to violation of any other clause/clauses of the purchase order will be to thevendors account. Supplier would also be responsible for all such payment due to late receipt ofRR/LR and other documents.

Purchase Order Acceptance: IPGCL/PPCL will issue purchase order to the selected bidder onfinalization of tendering process. The successful bidder shall return duplicate copy of the PurchaseOrder and the other enclosed documents duly signed as a token of acceptance within 7days fromthe date of receipt of this order. The firm shall be required to return the dated acknowledgment ofPO within 7 days. In case acknowledgment is not received by IPGCL/PPCL within 7 days of receiptof PO, it will be presumed that the firm has accepted the PO on terms and conditions mentionedtherein read with terms and conditions of NIT and the same will be binding upon the firm.Arbitration:a. In the event of any question dispute or difference whatsoever arising under this contract or inconnection therewith including any question relating to existence, meaning and interpretation ofthis contract or any alleged breach thereof, the same shall be referred to the Sole Arbitrator, theMD of the IPGCL/PPCL or to a person appointed by him for the purpose. The arbitration shallbe conducted in accordance with the provision of the Indian Arbitration and Conciliation Act,1996.b. It will be no objection that the Arbitrator is an interested person and/or that he had to deal withthe matter to which the contract relates and/or in the course of his duties he has expressed anyview on any matter in dispute or difference. The award of arbitrator shall be final and binding.c. In the event of Arbitrator dying, neglecting, resigning or being unable to act for any reason or hisaward being set aside by the court for any reason, it will be lawful for the MD of IPGCL/PPCLto appoint another Arbitrator in place of outgoing Arbitrator.d. It is further in terms of this agreement that no person other than a person so appointed shall actas an Arbitrator and that, if for any reason that is not possible, the matter should not be referredto Arbitration at all.e. The Arbitrator may from the time to time, with the consent of all parties extend the time inmaking the award.f. The cost incidental to the arbitration shall be the discretion of the Arbitrator. The arbitrationshall be conducted at New Delhi.g. Not withstanding any dispute between the parties Supplier shall not be entitled to withhold,delay or defer his obligation under the contract and same shall be carried out strictly inaccordance with the terms & conditions of contract.h. In the event of disputes or differences arising between the Public Sector Enterprises and agovernment, the provision of BPE office memorandum BPE/GL-001/76/MAN/2110-75-BPE(GML-1) dt. 1 st Jan. 1976 shall be applicable.i. The arbitrator shall give his speaking or reasoned award with respect to the disputes referred tohim by either of the parties.37. Jurisdiction: The Court at Delhi shall have exclusive jurisdiction to entertain and the mattersarising out of this contract. All proceedings shall be dealt with Indian Laws.38. Banning: Banning of vendors for future dealing will be done:i) In case unethical business practice is established against a vendor.ii)Vendor furnishes wrong information or manipulated documents.iii) Vendor is charged with CBI investigation for an offence against Govt. regulation andsubsequently in a Court of Law.Vendor’s Signature_____________________________Name and Address __________________________________________________________________________Dy. G.M. (C&M)For and on behalf ofIPGCL/PPCL

All packages and unpacked materials shall be marked at least on two places indicating thename of the Purchaser/ <strong>Co</strong>nsignee, Purchase Order No. Gross and net weights and dimensionwith indelible paint in English. In case of bundle, metallic plates marked with the above detailsshall be tagged with such bundles.All goods should be dispatched as per the relevant terms of the Purchase Order. In case anymode of transports has to be resorted to other than that mentioned in the Purchaser Order thesame shall be done only after obtaining prior approval in writing from the Purchaser. Allmovement sections loading permissions etc. from the railway authorities shall be obtained byvendor. The vendor shall communicate the relevant dispatch particulars immediately ondispatch by fax/speed post to the consignee as specified in the Purchase Order.The vendor shall also forward original and copies of dispatch documents to the concernedauthorities as required in the Purchase Order within two days from the date of dispatch, failingwhich the vendor shall be responsible for any delay, in payment of consignment for want ofdocuments and consequent demurrage, detention charges etc.30. Sale <strong>Co</strong>nditions: With the vendor’s acceptance of the provision of this Purchase Order, hewaives and consider as cancelled any of the general special/sales conditions.31. Modifications: This order constitutes an entire agreement between the parties hereto. Anymodifications to this order shall become binding only upon the same being confirmed in writingduly singed by both the parties.32. Performance Guarantee: The vendor shall ensure that all material/equipments/servicesexecuted rendered under this order shall confirm to the Purchasers requirements andspecifications. The vendor guarantees the Materials/equipment/service under these orders for aperiod of 18 months from the date of receipt or 12 months from the date of commissioning,whichever is earlier. The vendor agrees to replace any materials which have been proveddefective or fails to conform to the desired specified specifications free of cost to the Purchaser.The guarantee period for such replaced part shall be the same as that equipment/ servicesrendered or specified earlier. The vendor shall furnish 10% of the total value of the Order, and5% in the case supplies, as per the Performa enclosed towards the performance guarantee.Bank Guarantee shall be from any nationalize bank or other banks as per IPGCL / PPCLapproved list. Purchaser shall at his discretion have recourse to the said Bank Guarantee forthe recovery of any or all amount due from the vendor in connection with the recovery of any orall amount due from the vendor in connection with contract including of guarantee obligations.Checking/approval of vendor drawing, inspection and acceptance ofmaterials/equipments/furnishing document to effect shipment and or work done for erection,installation and commission of the equipment by the Purchaser or any other agency on behalf ofthe Purchaser shall not in any way relieve the vendor from the responsibility for properperformance during the guarantee period.Mode of dispatch: In case of advance payment or payment through bank, vendor shalldispatch the materials as per schedule mode of dispatch and though approved transporter andany violations to this effect without taking prior written approval from the purchaser is notpermissible.Demurrage/ Wharfage: In case where documents are negotiated through Bank, anyconsequential charges e.g. demurrage/wharfage charges due to late retirement of document onaccount of (i) violation of the inspection clause, (ii) material dispatched after expiry of deliveryperiod without obtaining approval in advance for extension of delivery period (iii) dispatch ofmaterials not as per schedule mode of despatch / approved transport as per PO (iv) late receiptof invoice or due to violation of any other clause/clauses of the purchase order will be to thevendors account. Supplier would also be responsible for all such payment due to late receipt ofRR/LR and other documents.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!