Tender for Appointment of CA Firm to undertake Internal Audit of Tea ...
Tender for Appointment of CA Firm to undertake Internal Audit of Tea ... Tender for Appointment of CA Firm to undertake Internal Audit of Tea ...
13. SUBCONTRACTS:The Supplier shall notify the purchaser in writing of all subcontracts awarded if not alreadyspecified in his bid. Such notification in his original bid or later shall not relieve the supplier fromany liability or obligation under the Contract.14. TIME PERIOD OF WORK:The tender will remain valid till the end of 12 th Five Year Plan (i.e. 31-03-2017) of theGovernment of India.15 Forfeiture of Performance SecurityForfeiture of Security Deposit: Security amount in full or part may be forfeited in the followingcases:1. When the terms and conditions of contract is breached.2. When the bidder fails to make complete service satisfactorily.3. When contract is being terminated due to non-performance of the bidder.4. Notice of reasonable time will be given in case of forfeiture of security deposit. Thedecision of the Purchaser in this regard shall be final.16 FORCE MAJEURE:16.1 If any time, during the continuance of this contract, the performance in whole or in part byeither party or any obligation under this contract shall be prevented or delayed by reason ofany war, or hostility, acts of the public enemy, civil commotion sabotage, fires, floods,explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (Herein afterreferred to as events) provided notice of happenings, of any such eventuality is given byeither party to the other within 21 days from the date of occurrence thereof, neither partyshall by any reason of such event be entitled to terminate this contract nor shall either partyhave any such claim for damages against the other in respect of such non-performance ordelay in performance, and deliveries under the contract shall be resumed as soon aspracticable after such event may come to an end or cease to exist, and the decision of thepurchaser as to whether the delivery have been so resumed or not shall be final andconclusive, provided further that if the performance, in whole or part of any obligation underthis contract is prevented or delayed by reason of any such event for a period exceeding 60days either party may, at his option terminate the contract.16.2 Provided also that if the contract is terminated under the clause, the purchaser shall be atliberty to take over from the contractor at a price to be fixed by the purchaser, which shall befinal, all unused, undamaged and acceptable materials, bought out components and storesin the course of manufactures in possession of the contractor at the time of such terminationof such potions thereof as the purchaser may deem fit excepting such materials bought outcomponents and stores as the contracts may with the concurrence of the purchaser elect toretain.17 TERMINATION FOR DEFAULT:18.1 The purchaser may, without prejudice to any other remedy for breach of contract, by writtennotice of default, sent to the supplier, terminate this contract in whole or in part.(a) If the Supplier fails to deliver any or all of the services within the time period(s) specifiedin the Contract or any extension thereof granted by the purchaser pursuant to clause15.(b) If the supplier fails to perform any other obligation(s) under Contract: and
(c) If the Supplier, in either of the above circumstance (s) does not remedy his failure withina period of 30 days (or such longer period as purchaser may authorize in writing) afterreceipt of the default notice from the purchaser.18.2 In event the purchaser terminates the contract in whole or in part, pursuant to Para 17.1 thepurchaser may procure, upon such terms and in such manner, as it deems appropriate, servicessimilar to those undelivered and the Supplier shall be liable to the purchaser for any excess costfor such similar services. However, the supplier shall continue performance of the contract to theextent not terminated.18 TERMINATION FOR INSOLVENCY:The purchaser may at any time terminate the contract by giving written notice to the supplier,without compensation to supplier, if the supplier becomes bankrupt or otherwise insolvent asdeclared by the competent court provide that such termination will not prejudice or affect anyright or action or remedy which has accrued thereafter to the purchaser.19 ARBITRATION:20.1 In the event of any question, dispute or difference arising under this agreement or inconnection there-with except as to matter the decision of which is specifically providedunder this agreement, the same shall be referred to sole arbitration of the Chairman, TeaBoard, Kolkata . The agreement to appoint an arbitrator will be in accordance with theArbitrator and conciliation Act, 1996. There will be no objection to any such appointmentthat the arbitrator is a TEA BOARD Servant or that he was to deal with the matter to whichthe agreement relates or that in the course of his duties as a TEA BOARD Servant he hasexpressed views on all or any of the matter under dispute. The award of the arbitrator shallbe final and binding on the parties. In the event of such arbitrator to whom the matter isoriginally referred, being transferred or vacating his office or being unable to act for anyreasons whatsoever such Chairman, Tea Board or the said officer shall appoint anotherperson to act as arbitrator in accordance with terms of the agreement and the person soappointed shall be entitled to proceed from the stage at which it was left out by hispredecessors.20.2 The arbitrator may from time to time with the consent of parties enlarge the time for makingand publishing the award. Subject to aforesaid Indian Arbitration and Conciliation Act 1996and the Rules made there-under, any modification thereof for the time being in force shallbe deemed to apply to the arbitration proceeding under this clause.20.3 The venue of the arbitrator proceeding shall be the office of the Chairman Tea BoardKolkata, or such proceeding places as the arbitrator may decide.21. SET OFF:Any sum of money due and payable to the contractor (including security deposit refundable tohim) under this contract may be appropriated by the purchaser/TEA BOARD or any other personor persons contracting through TEA BOARD and set off the same against any claim of thepurchaser or TEA BOARD or such other person or persons for payment of a sum of moneyarising out of this contract made by the Contractor with Purchaser or TEA BOARD or such otherperson or persons contracting through TEA BOARD.
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(c) If the Supplier, in either <strong>of</strong> the above circumstance (s) does not remedy his failure withina period <strong>of</strong> 30 days (or such longer period as purchaser may authorize in writing) afterreceipt <strong>of</strong> the default notice from the purchaser.18.2 In event the purchaser terminates the contract in whole or in part, pursuant <strong>to</strong> Para 17.1 thepurchaser may procure, upon such terms and in such manner, as it deems appropriate, servicessimilar <strong>to</strong> those undelivered and the Supplier shall be liable <strong>to</strong> the purchaser <strong>for</strong> any excess cost<strong>for</strong> such similar services. However, the supplier shall continue per<strong>for</strong>mance <strong>of</strong> the contract <strong>to</strong> theextent not terminated.18 TERMINATION FOR INSOLVENCY:The purchaser may at any time terminate the contract by giving written notice <strong>to</strong> the supplier,without compensation <strong>to</strong> supplier, if the supplier becomes bankrupt or otherwise insolvent asdeclared by the competent court provide that such termination will not prejudice or affect anyright or action or remedy which has accrued thereafter <strong>to</strong> the purchaser.19 ARBITRATION:20.1 In the event <strong>of</strong> any question, dispute or difference arising under this agreement or inconnection there-with except as <strong>to</strong> matter the decision <strong>of</strong> which is specifically providedunder this agreement, the same shall be referred <strong>to</strong> sole arbitration <strong>of</strong> the Chairman, <strong>Tea</strong>Board, Kolkata . The agreement <strong>to</strong> appoint an arbitra<strong>to</strong>r will be in accordance with theArbitra<strong>to</strong>r and conciliation Act, 1996. There will be no objection <strong>to</strong> any such appointmentthat the arbitra<strong>to</strong>r is a TEA BOARD Servant or that he was <strong>to</strong> deal with the matter <strong>to</strong> whichthe agreement relates or that in the course <strong>of</strong> his duties as a TEA BOARD Servant he hasexpressed views on all or any <strong>of</strong> the matter under dispute. The award <strong>of</strong> the arbitra<strong>to</strong>r shallbe final and binding on the parties. In the event <strong>of</strong> such arbitra<strong>to</strong>r <strong>to</strong> whom the matter isoriginally referred, being transferred or vacating his <strong>of</strong>fice or being unable <strong>to</strong> act <strong>for</strong> anyreasons whatsoever such Chairman, <strong>Tea</strong> Board or the said <strong>of</strong>ficer shall appoint anotherperson <strong>to</strong> act as arbitra<strong>to</strong>r in accordance with terms <strong>of</strong> the agreement and the person soappointed shall be entitled <strong>to</strong> proceed from the stage at which it was left out by hispredecessors.20.2 The arbitra<strong>to</strong>r may from time <strong>to</strong> time with the consent <strong>of</strong> parties enlarge the time <strong>for</strong> makingand publishing the award. Subject <strong>to</strong> a<strong>for</strong>esaid Indian Arbitration and Conciliation Act 1996and the Rules made there-under, any modification there<strong>of</strong> <strong>for</strong> the time being in <strong>for</strong>ce shallbe deemed <strong>to</strong> apply <strong>to</strong> the arbitration proceeding under this clause.20.3 The venue <strong>of</strong> the arbitra<strong>to</strong>r proceeding shall be the <strong>of</strong>fice <strong>of</strong> the Chairman <strong>Tea</strong> BoardKolkata, or such proceeding places as the arbitra<strong>to</strong>r may decide.21. SET OFF:Any sum <strong>of</strong> money due and payable <strong>to</strong> the contrac<strong>to</strong>r (including security deposit refundable <strong>to</strong>him) under this contract may be appropriated by the purchaser/TEA BOARD or any other personor persons contracting through TEA BOARD and set <strong>of</strong>f the same against any claim <strong>of</strong> thepurchaser or TEA BOARD or such other person or persons <strong>for</strong> payment <strong>of</strong> a sum <strong>of</strong> moneyarising out <strong>of</strong> this contract made by the Contrac<strong>to</strong>r with Purchaser or TEA BOARD or such otherperson or persons contracting through TEA BOARD.
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