Wherever SD has been exempted/Not applicable, for any reason, and supplier fails to supply goods as per condition of contract, as amended from time to time, purchaser shall have right to levy damages from the supplier for failing to comply with contractual conditions, not by way of penalty, an amount equal to SD amount, as would have been applicable if the contract was with non-exempted vendor. These damages shall be treated as recoveries outstanding against the vendor and dealt with accordingly. (5% of the contract value subject to Max. Rs 50 Lakh)