Technology & Communications (DoIT&C) Government of Rajasthan (GoR)
Final RFP for comprehensive maintenance of existing IT ... - DOIT & C
Final RFP for comprehensive maintenance of existing IT ... - DOIT & C
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Final RFP - Maintenance <strong>of</strong> IT Hardware under various projects <strong>of</strong> DoIT&C<br />
deemed to have been accepted unless specifically mentioned in the letter <strong>of</strong> acceptance <strong>of</strong><br />
bid issued by the Purchase Officer.<br />
26) Settlement <strong>of</strong> Disputes: If any dispute arise out <strong>of</strong> the contract with regard to the<br />
interpretation, meaning and breach <strong>of</strong> the terms <strong>of</strong> the contract, the matter shall be referred<br />
to by the Parties to the Head <strong>of</strong> the Department who will appoint his senior most deputy as<br />
the Sole Arbitrator <strong>of</strong> the dispute who will not be related to this contract and whose decision<br />
shall be final.<br />
27) All legal proceedings, if necessary arise to institute may by any <strong>of</strong> the parties (<strong>Government</strong> <strong>of</strong><br />
Contractor) shall have to be lodged in courts situated in <strong>Rajasthan</strong> and not elsewhere.<br />
28) Authenticity <strong>of</strong> Equipment<br />
a) The selected bidder shall certify (as per Annexure-6) that the replaced part / sub parts /<br />
assemblies are brand new, genuine/ authentic, not refurbished, conform to the<br />
description and quality as specified in this bidding document and are free from defects in<br />
material, workmanship and service.<br />
b) If during the contract period, the said goods be discovered counterfeit/ unauthentic or not<br />
to conform to the description and quality aforesaid or have determined (and the decision<br />
<strong>of</strong> the Purchase Officer in that behalf will be final and conclusive), notwithstanding the<br />
fact that the purchaser may have inspected and/ or approved the said goods, the<br />
purchaser will be entitled to reject the said goods or such portion there<strong>of</strong> as may be<br />
discovered not to conform to the said description and quality, on such rejection the goods<br />
will be at the selected bidder‟s risk and all the provisions relating to rejection <strong>of</strong> goods<br />
etc., shall apply. The selected bidder shall, if so called upon to do, replace the goods<br />
etc., or such portion there<strong>of</strong> as is rejected by Purchase Officer, otherwise the selected<br />
bidder shall pay such damage as may arise by the reason <strong>of</strong> the breach <strong>of</strong> the condition<br />
herein contained. Nothing herein contained shall prejudice any other right <strong>of</strong> the<br />
Purchase Officer in that behalf under this contract or otherwise.<br />
c) Goods accepted by the purchaser in terms <strong>of</strong> the contract shall in no way dilute<br />
purchaser‟s right to reject the same later, if found deficient in terms <strong>of</strong> the this clause <strong>of</strong><br />
the contract.<br />
29) Patent Indemnity<br />
a) The supplier/ selected bidder shall, subject to the Purchaser‟s compliance with subclause<br />
(b) below, indemnify and hold harmless the Purchaser and its employees and<br />
<strong>of</strong>ficers from and against any and all suits, actions or administrative proceedings, claims,<br />
demands, losses, damages, costs, and expenses <strong>of</strong> any nature, including attorney‟s fees<br />
and expenses, which the Purchaser may suffer as a result <strong>of</strong> any infringement or alleged<br />
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