Fixed Computer Workstation (V2)

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Warranty period of the supplied products shall be 3 years from the date of final acceptance of goods or after completion of installation, commissioning & testing of goods (if included in the scope of supply), at consignee location. OEM Warranty certificates must be submitted by Successful Bidder at the time of delivery of Goods. The seller should guarantee the rectification of goods in case of any break down during the guarantee period. Seller should have well established Installation, Commissioning, Training, Troubleshooting and Maintenance Service group in INDIA for attending the after sales service. Details of Service Centres near consignee destinations are to be uploaded along with the bid.

Buyer uploaded ATC document Click here to view the file.

Buyer Added text based ATC clauses Email Id: spo.crri@csir.re s.in / sosnp.crri@csir.res.i n Contact No.: 9899247421 It is mandatory to submit attached ATC forms d uly filled. GENERAL CONDITIONS OF CONTRACT (GCC) Table of Contents Sl. No. Clause 2.1 Definitions 2.2 Contract Documents 2.3 Code of Integrity 2.4 Joint Venture, Consortium or Association 2.5 Scope of Supply 2.6 Suppliers’ Responsibilities 2.7 Contract price 2.8 Copy Right 2.9 Application 2.10 Standards 2.11 Use of Contract Documents and Information 2.12 Patent Indemnity 2.13 Performance Security 2.14 Inspections and Tests 2.15 Packing 2.16 Delivery and Documents 2.17 Insurance 2.18 Transportation 2.19 Incidental Services 2.20 Spare Parts 2.21 Warranty 2.22 Terms of Payment 2.23 Change Orders and Contract Amendments 2.24 Assignment 2.25 Subcontracts 2.26 Extension of time 2.27 Liquidated Damages Clause 2.28 Termination for Default 2.29 Force Majeure 2.30 Termination for insolvency 2.31 Termination for Convenience 2.32 Settlement of Disputes 2.33 Governing Language 2.34 Applicable Law 2.35 Notice 2.36 Taxes and Duties 2.37 Right to use Defective Goods 2.38 Protection against Damage 2.39 Site preparation and installation 2.40 Import and Export Licenses 2.41 Risk Purchase Clause 2.42 Option Clause 2.43 Order Acceptance GENERAL CONDITIONS OF CONTRACT (GCC) 2.1 Definitions 2.1.1 The following words and expressions shall have the meanings hereby assign ed to them:

• (a)“Contract” means the Contract Agreement entered into between the Purchas er and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by refer ence therein.
• (b)“Contract Documents” means the documents listed in the Contract Agreemen t, including any amendments thereto.
• (c)“Contract Price” means the price payable to the Supplier as specified in the C ontract Agreement, subject to such additions and adjustments thereto or dedu ctions there from, as may be made pursuant to the Contract.
• (d)“Day” means calendar day.
• (e)“Completion” means the fulfillment of the Goods and related Services by the Supplier in accordance with the terms and conditions set forth in the Contract .
• (f)“GCC” means the General Conditions of Contract.
• (g)“Goods” means all of the commodities, raw material, machinery and equipme nt, and/or other materials that the Supplier is required to supply to the Purchas er under the Contract.
• (h)“Related Services” means the services incidental to the supply of the goods, s uch as transportation, insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract.
• (i)“SCC” means the Special Conditions of Contract.
• (j)“Subcontractor” means any natural person, private or government entity, or a combination of the above, to whom any part of the Goods to be supplied or e xecution of any part of the Related Services is subcontracted by the Supplier.
• (k)Supplier” means the natural person, private or government entity, or a combi nation of the above, whose bid to perform the Contract has been accepted by t he Purchaser and is named as such in the Contract Agreement.
• (l)The “Council” means the Council of Scientific & Industrial Research (CSIR), re gistered under the Societies Registration Act, 1860 of the Govt. of India having its registered office at 2, Rafi Marg, New Delhi-110001, India.
• (m)The “Purchaser” means any of the constituent Laboratory/Institute of the Cou ncil situated at any designated place in India as specified in SCC.
• (n)“The final destination,” where applicable, means the place named in the SCC. 2.2 Contract Documents 2.2.1 Subject to the order of precedence set forth in the Contract Agreement, all d ocuments forming the Contract (and all parts thereof) are intended to be correl ative, complementary, and mutually explanatory. The Contract Agreement sha ll be read as a whole. 2.3 Code of Integrity 2.3.1 Without prejudice to and in addition to the rights of the Purchaser to other p enal provisions as per the bid documents or contract, if the Purchaser comes t o a conclusion that a (prospective) bidder/ supplier, directly or through an age nt, has violated this code of integrity in competing for the contract or in execut ing a contract, the Purchaser may take appropriate measures including one or more of the following:
• a)Cancellation of the relevant contract and recovery of compensation f or loss incurred by the purchaser;
• b)Forfeiture or encashment of any other security or bond relating to th e procurement;
• c)Recovery of payments including advance payments, if any, made by t he Purchaser along with interest thereon at the prevailing rate.
• a)Provisions in addition to above: 1) Removal from the list of registered suppliers and banning/deba rment of the bidder from participation in future procurements of t he purchaser for a period not less than one year; 2) In case of anti-competitive practices, information for further pr ocessing may be filed under a signature of the Joint Secretary leve l officer, with the Competition Commission of India; 3) Initiation of suitable disciplinary or criminal proceedings agains t any individual or staff found responsible. 2.4 Joint Venture, Consortium or Association 2.4.1 If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and severally liable to the Purchaser for the fulfillment of the pr ovisions of the Contract and shall designate one party to act as a leader with a uthority to bind the joint venture, consortium, or association. The composition or the constitution of the joint venture, consortium, or association shall not be altered without the prior consent of the Purchaser. 2.5 Scope of Supply 2.5.1 The Goods and Related Services to be supplied shall be as specified in Chap ter 4 i.e. Specifications and allied technical details. 2.6 Suppliers’ Responsibilities 2.6.1 The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in accordance with Scope of Supply Clause of the GCC, and th e Delivery and Completion Schedule, as per GCC Clause relating to delivery an d document. 2.7 Contract price 2.7.1 Prices charged by the Supplier for the Goods supplied and the Related Servic es performed under the Contract shall not vary from the prices quoted by the Supplier in its bid. 2.8 Copy Right 2.8.1 The copyright in all drawings, documents, and other materials containing dat a and information furnished to the Purchaser by the Supplier herein shall rema in vested in the Supplier, or, if they are furnished to the Purchaser directly or t hrough the Supplier by any third party, including suppliers of materials, the co pyright in such materials shall remain vested in such third party. 2.9 Application 2.9.1 These General Conditions shall apply to the extent that they are not superse ded by provisions in other parts of the Contract. 2.10 Standards 2.10.1 The Goods supplied and services rendered under this Contract shall conform to the standards mentioned in the Technical Specifications, and, when no appli cable standard is mentioned, to the authoritative standard appropriate to the Goods' country of origin and such standards shall be the latest issued by the concerned institution. 2.11 Use of Contract Documents and Information 2.11.1 The Supplier shall not, without the Purchaser's prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, patt ern, sample or information furnished by or on behalf of the Purchaser in conne ction therewith, to any person other than a person employed by the Supplier in performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far, as may be necessary for purp oses of such performance. 2.11.2 The Supplier shall not, without the Purchaser's prior written consent, make u se of any document or information enumerated above except for purposes of p erforming the Contract. 2.11.3 Any document, other than the Contract itself, enumerated above shall remai n the property of the Purchaser and shall be returned (in all copies) to the Purc haser on completion of the Supplier's performance under the Contract if so req uired by the Purchaser. 2.12 Patent Indemnity 2.12.1 The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clau se 2.12.2 Indemnify and hold harmless the Purchaser and its employees and of ficers from and against any and all suits, actions or administrative proceedings , claims, demands, losses, damages, costs, and expenses of any nature, includ ing attorney’s fees and expenses, which the Purchaser may suffer as a result o f any infringement or alleged infringement of any patent, utility mod el, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of:
• (a)the installation of the Goods by the Supplier or the use of the Goods in India; and
• (b)the sale in any country of the products produced by the Goods. 2.12.2 If any proceedings are brought or any claim is made against the Purchaser, t he Purchaser shall promptly give the Supplier a notice thereof, and the Supplie r may at its own expense and in the Purchaser’s name conduct such proceedin gs or claim and any negotiations for the settlement of any such proceedings or claim. 2.13 Performance Security 2.13.1 Within 21 days of receipt of the notification of award/ PO, the Supplier shall f urnish performance security in the amount specified in SCC, valid till 60 days a fter the warranty period. 2.13.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier's failure to complete i ts obligations under the Contract. 2.13.3 The Performance Security shall be denominated in Indian Rupees for the offe rs received for supplies within India and denominated in the currency of the co ntract in the case of offers received for supply from foreign countries or in equi valent Indian Rupees in case the Performance Security is submitted by the Indi an Agent. 2.13.4 In the case of imports, the PS may be submitted either by the principal or by the Indian agent and, in the case of purchases from indigenous sources, the PS may be submitted by either the manufacturer or their authorized dealer/bidder . 2.13.5 The Performance security shall be as per ITB 2.13.6 The performance security will be discharged by the Purchaser and returned t o the Supplier not later than 60 days following the date of completion of the Su pplier's performance obligations, including any warranty obligations, unless sp ecified otherwise in SCC, without levy of any interest. 2.13.7 In the event of any contract amendment, the supplier shall, within 21 days of receipt of such amendment, furnish the amendment to the performance securi ty, rendering the same valid for the duration of the contract, as amended for f urther period of 60 days thereafter. 2.13.8 The order confirmation must be received within 14 days. However, the Purch aser has the powers to extend the time frame for submission of order confirma tion and submission of Performance Security (PS). Even after extension of time , if the order confirmation /PS are not received, the contract shall be cancelled provided that the purchaser, on being satisfied that it is not a case of cartelizat ion and the integrity of the procurement process has been maintained, may, fo r cogent reasons, offer the next successful bidder an opportunity to match the financial bid of the first successful bidder, and if the offer is accepted, award th e contract to the next successful bidder at the price bid of the first successful b idder. 2.14 Inspections and Tests 2.14.1 The inspections & test, training required would be as detailed in Chapter-4 of the Bidding Document relating to Specification and Allied Technical details. 2.15 Packing 2.15.1 The Supplier shall provide such packing of the Goods as is required to pr event their damage or deterioration during transit to their final destination as i ndicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperature s, salt and precipitation during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of th e Goods' final destination and the absence of heavy handling facilities at all poi nts in transit. 2.15.2 The packing, marking and documentation within and outside the packages s hall comply strictly with such special requirements as shall be provided for in t he Contract including additional requirements, if any, specified in SCC and in a ny subsequent instructions ordered by the Purchaser. 2.16 Delivery and Documents 2.16.1 Standard delivery period is 60 days for INR purchase orders and 120 days for import orders (after LC opening for LC payment cases). However, if a different delivery period has been mentioned in the Technical Specifications part or by t he bidder in its bid, it shall be applicable provided it has been mentioned in th e Purchase Order. 2.16.2 Delivery of the Goods and completion and related services shall be made by the supplier in accordance with the terms specified by the Purchaser in the con tract. The details of shipping and/ or other documents to be furnished by the s upplier are specified in SCC. 2.16.3 The mode of transportation shall be as specified in SCC. In case the purchas er elects to have the transportation done through Air, then air lifting needs to b e done through Air India only. In case Air India does not operate in the Airport of dispatch, then the bidder is free to engage the services of any other Airlines. 2.17 Insurance 2.17.1 Should the purchaser elect to buy on CIF/ CIP basis, the Goods supplied unde r the Contract shall be fully insured against any loss or damage incidental to m anufacture or acquisition, transportation, storage and delivery in the manner s pecified in SCC. 2.17.2 Where delivery of the goods is required by the purchaser on CIF or CIP basis t he supplier shall arrange and pay for Cargo Insurance, naming the purchaser a s beneficiary and initiate & pursue claims till settlement, on the event of any lo ss or damage. 2.17.3 Where delivery is on FOB or FCA basis, insurance would be the responsibility of the purchaser. 2.17.4 With a view to ensure that claims on insurance companies, if any, are lodged in time, the bidders and /or the Indian agent shall be responsible for follow up with their principals for ascertaining the dispatch details and informing the sa me to the Purchaser and he shall also liaise with the Purchaser to ascertain the arrival of the consignment after clearance so that immediately thereafter in his presence the consignment could be opened and the insurance claim be lodged , if required, without any loss of time. Any delay on the part of the bidder/India n Agent would be viewed seriously and he shall be directly responsible for any loss sustained by the purchaser on the event of the delay. 2.18 Transportation 2.18.1 Where the Supplier is required under the Contract to deliver the Goods FOB, transport of the Goods, up to and including the point of putting the Goods on b oard the vessel at the specified port of loading, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract price. W here the Supplier is required under the Contract to deliver the Goods FCA, tran sport of the Goods and delivery into the custody of the carrier at the place nam ed by the Purchaser or other agreed point shall be arranged and paid for by th e Supplier, and the cost thereof shall be included in the Contract Price. 2.18.2 Where the Supplier is required under the Contract to deliver the Goods CIF or CIP, transport of the Goods to the port of destination or such other named plac e of destination in the Purchaser’s country, as shall be specified in the Contract , shall be arranged and paid for by the Supplier, and the cost thereof shall be i ncluded in the Contract Price. 2.18.3 In the case of supplies from within India, where the Supplier is required unde r the Contract to transport the Goods to a specified destination in India, define d as the Final Destination, transport to such destination, including insurance a nd storage, as specified in the Contract, shall be arranged by the Supplier, and the related costs shall be included in the Contract Price. 2.19 Incidental Services 2.19.1 The supplier may be required to provide any or all of the services, including tr aining, if any, specified in Ch.4 2.20 Spare Parts 2.20.1 The Supplier shall be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distrib uted by the Supplier:
• (a)Such spare parts as the Purchaser may elect to purchase from the Su pplier, providing that this election shall not relieve the Supplier of any w arranty obligations under the Contract; and
• (b)In the event of termination of production of the spare parts:
• (i)Advance notification to the Purchaser of the pending termination, in s ufficient time to permit the Purchaser to procure needed requiremen ts; and
• (ii)Following such termination, furnishing at no cost to the Purchaser, th e blueprints, drawings and specifications of the spare parts, if reques ted. 2.21 Warranty 2.21.1 The Supplier warrants that all the Goods are new, unused, and of the most re cent or current models, and that they incorporate all recent improvements in d esign and materials, unless provided otherwise in the Contract. 2.21.2 The Supplier further warrants that the Goods shall be free from defects arisin g from any act or omission of the Supplier or arising from design, materials, an d workmanship, under normal use in the conditions prevailing in India. 2.21.3 Unless otherwise specified in the SCC, the warranty shall remain valid for Tw elve (12) months after the Goods, or any portion thereof as the case may be, h ave been delivered to and accepted at the final destination indicated in the SC C, or for Eighteen (18) months after the date of shipment from the port or plac e of loading in the country of origin, whichever period concludes earlier. 2.21.4 The Purchaser shall give notice to the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following the dis covery thereof. The Purchaser shall afford all reasonable opportunity for the S upplier to inspect such defects. 2.21.5 Upon receipt of such notice, the Supplier shall, within a reasonable period of time, expeditiously repair or replace the defective Goods or parts thereof, at n o cost to the Purchaser. 2.21.6 If having been notified, the Supplier fails to remedy the defect within a reaso nable period of time; the Purchaser may proceed to take within a reasonable p eriod such remedial action as may be necessary, at the Supplier’s risk and exp ense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract. 2.21.7 Goods requiring warranty replacements must be replaced on free of cost bas is to the purchaser. 2.22 Terms of Payment 2.22.1 The method and conditions of payment to be made to the Supplier under thi s Contract shall be as specified in the SCC. Due to special nature of some proc urement/ projects, fixed type payment terms may have been prescribed in the Technical Specifications part of the bid document. Adherence to these pay ment terms will be MANDATORY for the bid to be considered as respo nsive and therefore eligible for further evaluation failing which it shal l be rejected summarily. 2.22.2 The Supplier's request(s) for payment shall be made to the Purchaser in writi ng, accompanied by an invoice describing, as appropriate, the Goods delivered and the Services performed, and by documents, submitted pursuant to Deliver y and document Clause of the GCC and upon fulfillment of other obligations sti pulated in the contract. 2.22.3 Payments shall be made promptly by the Purchaser but in no case later than thirty (30) days after submission of the invoice or claim by the Supplier. While claiming the payment, the supplier should certify in the bill/invoice that the pa yment being claimed strictly in terms of the contract and all obligations on the part of the supplier for claiming the payment have been fulfilled as required un der the contract. 2.22.4 Payment shall be made in currency as indicated in the contract. 2.23 Change Orders and Contract Amendments 2.23.1 The Purchaser may at any time, by written order given to the Supplier pursu ant to Clause on Notices of the GCC make changes within the general scope of the Contract in any one or more of the following:
• (a)Increase or decrease in the quantity required, exercise of quantity opi nion clause;
• (b)Changes in schedule of deliveries and terms of delivery;
• (c)The changes in inspection arrangements;
• (d)Changes in terms of payments and statutory levies;
• (e)Changes due to any other situation not anticipated; 2.23.2 No changes in the price quoted shall be permitted after the purchase order h as been issued except on account of statutory variations. 2.23.3 No variation or modification in the terms of the contract shall be made excep t by written amendment signed by the parties. 2.24 Assignment 2.24.1 The Supplier shall not assign, in whole or in part, its obligations to perform u nder the Contract, except with the Purchaser's prior written consent. 2.25 Subcontracts 2.25.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier from any liability or duties or obligation under the contract. 2.26 Extension of time. 2.26.1 Delivery of the Goods and performance of the Services shall be made by the Supplier in accordance with the time schedule specified by the Purchaser. 2.26.2 If at any time during performance of the Contract, the Supplier or its sub-con tractor(s) should encounter conditions impeding timely delivery of the Goods a nd performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as p racticable after receipt of the Supplier’s notice, the Purchaser shall evaluate th e situation and may, at its discretion, extend the Supplier’s time for performance with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of the Contract. 2.26.3 Except as provided under the Force Majeure clause of the GCC, a delay by th e Supplier in the performance of its delivery obligations shall render the Suppli er liable to the imposition of liquidated damages pursuant to liquidated damag es Clause of the GCC unless an extension of time is agreed upon pursuant to a bove clause without the application of penalty clause. 2.27 Liquidated Damages 2.27.1 Subject to GCC Clause on Force Majeure, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under th e Contract, deduct from the Contract Price, as penalty, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unp erformed Services or contract value in case the delivered price of the delayed goods or unperformed services cannot be ascertained from the contract, for ea ch week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the Percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause on Termination for Default. 2.28 Termination for Default 2.28.1 The Purchaser may, without prejudice to any other remedy for breach of cont ract, by written notice of default sent to the Supplier, terminate the Contract in whole or part
• (a)If the Supplier fails to deliver any or all of the Goods within the period(
• s)specified in the contract, or within any extension thereof granted by t he Purchaser pursuant to GCC Clause on Extension of Time; or
• (b)If the Supplier fails to perform any other obligation(s) under the Contr act.
• (c)If the Supplier, in the judgment of the Purchaser has engaged in corr upt or fraudulent or collusive or coercive practices etc as defined in GCC Clause and ITB clause on code of integrity in competing for or in executi ng the Contract. 2.28.2 In the event the purchaser terminates the contract in whole or in part, he ma y take recourse to any one or more of the following action:
• (a)The Performance Security is to be forfeited;
• (b)The purchaser may procure, upon such terms and in such manner as i t deems appropriate, stores similar to those undelivered, and the suppli er shall be liable for all available actions against it in terms of the contra ct.
• (c)However, the supplier shall continue to perform the contract to the e xtent not terminated. 2.29 Force Majeure 2.29.1 Notwithstanding the provisions of GCC Clauses relating to extension of time, Liquidated damages and Termination for Default the Supplier shall not be liabl e for forfeiture of its performance security, liquidated damages or termination f or default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Maj eure. 2.29.2 For purposes of this Clause, “Force Majeure” means an event or situation bey ond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplie
• r.Such events may include, but not be limited to, acts of the Purchaser in its s overeign capacity, wars or revolutions, fires, floods, epidemics, quarantine rest rictions, and freight embargoes. 2.29.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purc haser in writing of such conditions and the cause thereof within 21 days of its o ccurrence. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reason ably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 2.29.4 If the performance in whole or in part or any obligations under the contract is prevented or delayed by any reason of Force Majeure for a period exceeding 6 0 days, either party may at its option terminate the contract without any finan cial repercussions on either side. 2.30 Termination for Insolvency 2.30.1 The Purchaser may at any time terminate the Contract by giving written noti ce to the Supplier, if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the Purchaser. 2.31 Termination for Convenience 2.31.1 The Purchaser, by written notice sent to the Supplier, may terminate the Con tract, in whole or in part, at any time. The notice of termination shall specify th at termination is for the Purchaser's convenience, the extent to which performa nce of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. 2.31.2 The Goods that are complete and ready for shipment within 30 days after the Supplier's receipt of notice of termination shall be accepted by the Purchaser a t the Contract terms and prices. For the remaining Goods, the Purchaser may e lect:
• (a)To have any portion completed and delivered at the Contract terms a nd prices; and/or
• (b)To cancel the remainder and pay to the Supplier an agreed amount fo r partially completed Goods and for materials and parts previously procu red by the Supplier. 2.32 Settlement of Disputes 2.32.1 The Purchaser and the supplier shall make every effort to resolve amicably b y direct informal negotiation any disagreement or dispute arising between the m under or in connection with the Contract. 2.32.2 If, after twenty-one (21) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Su pplier may give notice to the other party of its intention to commence arbitrati on, as hereinafter provided, as to the matter in dispute, and no arbitration in re spect of this matter may be commenced unless such notice is given. Any dispu te or difference in respect of which a notice of intention to commence arbitrati on has been given in accordance with this Clause shall be finally settled by arb itration. Arbitration may be commenced prior to or after delivery of the Goods under the Contract. 2.32.3 The dispute settlement mechanism/arbitration proceedings shall be conclude d as under:
• (a)If any dispute or difference arises between the parties hereto as to the co nstruction, interpretation, effect and implication of any provision of this agr eement including the rights or liabilities or any claim or demand of any part y against other or in regard to any other matter under these presents but e xcluding any matters, decisions or determination of which is expressly provi ded for in this Agreement, such disputes or differences shall be referred to an Arbitral Bench consisting of three Arbitrators, one each to be appointed by each party and the two Arbitrators shall appoint a third Arbitrator who sh all be the presiding Arbitrator. A reference to the Arbitration under this Clau se shall be deemed to be submission within the meaning of the Arbitration and Conciliation Act, 1996 and the rules framed there under for the time be ing in force. Each party shall bear and pay its own cost of the arbitration pr oceedings unless the Arbitrators otherwise decides in the Award. 2.32.4 The venue of the arbitration shall be the place from where the purchase orde r or contract is issued. 2.32.5 Notwithstanding, any reference to arbitration herein,
• (a)The parties shall continue to perform their respective obligations und er the Contract unless they otherwise agree; and
• (b)the Purchaser shall pay the Supplier any monies due the Supplier. 2.33 Governing Language 2.33.1 The contract shall be written in English language which shall govern its inter pretation. All correspondence and other documents pertaining to the Contract, which are exchanged by the parties, shall be written in the English language o nly. 2.34 Applicable Law 2.34.1 The Contract shall be interpreted in accordance with the laws of the Union of India and all disputes shall be subject to place of jurisdiction as specified in SC
• C.2.35 Notices 2.35.1 Any notice given by one party to the other pursuant to this contract/order sh all be sent to the other party in writing or by e-mail or and confirmed in writing to the other party’s address specified in the SCC. 2.35.2 A notice shall be effective when delivered or on the notice’s effective date, w hichever is later. 2.36 Taxes and Duties 2.36.1 For goods manufactured outside India, the Supplier shall be entirely responsi ble for all taxes, stamp duties, license fees, and other such levies imposed out side India. 2.36.2 For goods Manufactured within India, the Supplier shall be entirely responsib le for all taxes, duties, license fees, etc., incurred till its final manufacture/prod uction. 2.36.3 If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in India, the Purchaser shall make its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable exten
• t.2.36.4 All payments due under the contract shall be paid after deduction of statutory levies (at source) (like IT, etc.) wherever applicable. 2.36.5 Customs Duty – If the supply is from abroad this Institute is permitted to im port goods as per notification No.51/96 – Customs and pay a concessional duty up to 5% as per notification 24/2002 – Customs on all imports. 2.37 Right to use Defective Goods 2.37.1 If after delivery, acceptance and installation and within the guarantee and w arranty period, the operation or use of the goods proves to be unsatisfactory, t he Purchaser shall have the right to continue to operate or use such goods unt il rectifications of defects, errors or omissions by repair or by partial or complet e replacement is made without interfering with the Purchaser’s operation. 2.38 Protection against Damage 2.38.1 The system shall not be prone to damage during power failures and trip outs. The normal voltage and frequency conditions available at site as under:
• (a)Voltage 230 volts – Single phase/ 415 V 3 phase (+_ 10%)(b) Frequenc y 50 Hz. 2.39 Site preparation and installation 2.39.1 The Purchaser is solely responsible for the construction of the equipment site s in compliance with the technical and environmental specifications defined by the Supplier. The Purchaser will designate the installation sites before the sch eduled installation date to allow the Supplier to perform a site inspection to ve rify the appropriateness of the sites before the installation of the Equipment, if required. The supplier shall inform the purchaser about the site preparation, if any, needed for installation, of the goods at the purchaser’s site immediately a fter notification of award/contract. Unless otherwise specified anywhere else in this Tender Document, the Supplier has to complete the Installation/Commissi oning within one (1) months from the date of arrival of the equipment in the In stitute. 2.40 Import and Export Licenses 2.40.1 If the ordered materials are covered under restricted category of EXIM policy in India the Vendor / Agent may intimate such information for obtaining necess ary, license in India. 2.40.2 If the ordered equipment is subject to Vendor procuring an export license fro m the designated government agency / country from where the goods are ship ped / sold, the vendor has to mention the name, address of the government ag ency / authority. The vendor must also mention the time period within which t he license will be granted in normal course. 2.41 Risk Purchase Clause 2.41.1 If the supplier fails to deliver the goods within the maximum delivery period s pecified in the contract or Purchase Order, the purchaser may procure, upon su ch terms and in such a manner as it deems appropriate, Goods or Services sim ilar to those undelivered and the Supplier shall be liable to the purchaser for a ny excess costs incurred for such similar goods or services. 2.42 Option Clause 2.42.1 The Purchaser reserves the right to increase or decrease the quantity of the r equired goods up to 25% (Twenty-Five) per cent at any time, till final delivery date (or the extended delivery date of the contract), by giving reasonable noti ce even though the quantity ordered initially has been supplied in full before th e last date of the delivery period (or the extended delivery period) 2.43 Order Acceptance 2.44.1 The successful bidder should submit Order acceptance within 14 days from t he date of issue of order, failing which it shall be presumed that the vendor is not interested and his bid security is liable to be forfeited pursuant to clause 1. 15.9 of ITB. .