1 CENTRAL INSTITUTE OF TECHNOLOGY ... - CIT, Kokrajhar...
1 CENTRAL INSTITUTE OF TECHNOLOGY ... - CIT, Kokrajhar... 1 CENTRAL INSTITUTE OF TECHNOLOGY ... - CIT, Kokrajhar...
9. Annual Maintenance Contract9.1. If there is any scope for Annual Maintenance Contract the BIDDERs should also quotefor Annual Maintenance Contract after warranty for subsequent years.9.2. No sub-contracting will be allowed for installation or maintaining system/equipment /instrument during or after warranty period.9.3. Mention the charges for comprehensive maintenance contract separately in FinancialBid (for post warranty period).10. IndemnityThe vendor shall indemnify, protect and save CIT, Kokrajhar against all claims, losses,costs, damages, expenses, action suits and other proceeding, resulting from infringement ofany law pertaining to patent, trademarks, copyrights etc. or such other statutoryinfringements in respect of all the equipments supplied by him.11. Freight & Insurance11.1. Imports: In case of imports the freight & insurance will not be paid by CIT.11.2. Indigenous : The equipments to be supplied will be insured by the vendor against allrisks of loss or damage from the date of shipment till such time it is delivered at CIT,Kokrajhar site in case of Rupee transaction.12. Payment12.1. For Indigenous items, 90% payment shall be made against delivery, installation,commissioning and on acceptance as per Purchase Order at site and balance 10% shall bemade after receipt of performance Bank Guarantee for 10% of the total order value, to bevalid for One Year from date of installation and acceptance. If no Bank Guarantee is given,the balance 10% will be paid after assessing, after sales service during warranty period i.e.payment after warranty period.12.2. For imported items, 90% payment shall be made by Sight Draft / an Irrevocable Letterof Credit established in favour of the supplier through the State Bank of India, KokrajharBranch, Kokrajhar-783370 (India). Balance10% will be released after completion ofsatisfactory installation, commissioning, demonstration of the whole system, after impartingtraining and upon receipt of Bank Guarantee for 10% of total Order value towardsperformance security to be valid for one year from the date of installation. However Letter ofCredit/Sight Draft arrangement will be made for 100% order value. The Agency Commissionto the Indian Agent will be paid in INR only after successful installation, commissioning andsatisfactory demonstration and acceptance of the items ordered for by the end user.13. Penalty/LD13.1. As time is the essence of the contract, Delivery period mentioned in the PurchaseOrder should be strictly adhered to. Otherwise CIT, Kokrajhar will forfeit EMD and also LDclause will be applicable /enforced.13.2. If the supplier fails to Supply, Install and Commission the system as per specificationsmentioned in the order within the due date, the Supplier is liable to pay liquidated damagesof 1% of order value per every week of delay subject to a maximum of 10% beyond the duedate. Such money will be deducted from any amount due or which may become due to thesupplier.13.3. CIT, Kokrajhar reserves the right to cancel the order in case the delay is more than 10weeks. Penalties, if any, will be deducted from the Earnest Money Deposit.14. JurisdictionThe disputes, legal matters, court matters, if any, shall be subject to Kokrajhar Jurisdictiononly.14
15. Force MajeureCIT, Kokrajhar may consider relaxing the penalty and delivery requirements, as specified inthis document, if and to the extent that the delay, in performance or other failure to performits obligations under the Contract, is the result of a Force Majeure.Force Majeure is defined as an event of effect that cannot reasonably be anticipated suchas acts of God (like earthquakes, floods, storms etc.) acts of states, the direct and indirectconsequences of wars (declared or undeclared)hostilities, national emergencies, civilcommotion and strikes at successful Bidder‟s premises.16. ArbitrationAll disputes of any kind arising out of supply, commissioning, acceptance, warrantymaintenance etc. shall be referred by either party (CIT, Kokrajhar or the BIDDER) afterissuance of 30 days‟ notice in writing to the other party clearly mentioning the nature ofdispute to a single arbitrator acceptable to both the parties. The venue for arbitration shallbe CIT, Kokrajhar India. The jurisdiction of the courts shall be Kokrajhar, Assam, India.The interested vendors who fulfill above conditions may submit their minimum quotes to theundersigned in a sealed cover by Speed post/ Registered Post or Courier or drop down in thetender box so as to reach this office on or before 3.00 pm on 10.07.2013.Sd/-REGISTRARCIT, KOKRAJHAR15
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9. Annual Maintenance Contract9.1. If there is any scope for Annual Maintenance Contract the BIDDERs should also quotefor Annual Maintenance Contract after warranty for subsequent years.9.2. No sub-contracting will be allowed for installation or maintaining system/equipment /instrument during or after warranty period.9.3. Mention the charges for comprehensive maintenance contract separately in FinancialBid (for post warranty period).10. IndemnityThe vendor shall indemnify, protect and save <strong>CIT</strong>, <strong>Kokrajhar</strong> against all claims, losses,costs, damages, expenses, action suits and other proceeding, resulting from infringement ofany law pertaining to patent, trademarks, copyrights etc. or such other statutoryinfringements in respect of all the equipments supplied by him.11. Freight & Insurance11.1. Imports: In case of imports the freight & insurance will not be paid by <strong>CIT</strong>.11.2. Indigenous : The equipments to be supplied will be insured by the vendor against allrisks of loss or damage from the date of shipment till such time it is delivered at <strong>CIT</strong>,<strong>Kokrajhar</strong> site in case of Rupee transaction.12. Payment12.1. For Indigenous items, 90% payment shall be made against delivery, installation,commissioning and on acceptance as per Purchase Order at site and balance 10% shall bemade after receipt of performance Bank Guarantee for 10% of the total order value, to bevalid for One Year from date of installation and acceptance. If no Bank Guarantee is given,the balance 10% will be paid after assessing, after sales service during warranty period i.e.payment after warranty period.12.2. For imported items, 90% payment shall be made by Sight Draft / an Irrevocable Letterof Credit established in favour of the supplier through the State Bank of India, <strong>Kokrajhar</strong>Branch, <strong>Kokrajhar</strong>-783370 (India). Balance10% will be released after completion ofsatisfactory installation, commissioning, demonstration of the whole system, after impartingtraining and upon receipt of Bank Guarantee for 10% of total Order value towardsperformance security to be valid for one year from the date of installation. However Letter ofCredit/Sight Draft arrangement will be made for 100% order value. The Agency Commissionto the Indian Agent will be paid in INR only after successful installation, commissioning andsatisfactory demonstration and acceptance of the items ordered for by the end user.13. Penalty/LD13.1. As time is the essence of the contract, Delivery period mentioned in the PurchaseOrder should be strictly adhered to. Otherwise <strong>CIT</strong>, <strong>Kokrajhar</strong> will forfeit EMD and also LDclause will be applicable /enforced.13.2. If the supplier fails to Supply, Install and Commission the system as per specificationsmentioned in the order within the due date, the Supplier is liable to pay liquidated damagesof 1% of order value per every week of delay subject to a maximum of 10% beyond the duedate. Such money will be deducted from any amount due or which may become due to thesupplier.13.3. <strong>CIT</strong>, <strong>Kokrajhar</strong> reserves the right to cancel the order in case the delay is more than 10weeks. Penalties, if any, will be deducted from the Earnest Money Deposit.14. JurisdictionThe disputes, legal matters, court matters, if any, shall be subject to <strong>Kokrajhar</strong> Jurisdictiononly.14
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