TIE ROD

Buyer Added text based ATC clauses

• 1.Risk and Expense (Para 7.14 of DPM 2009). In case of material breach that was not remedied withi n 45 days, the BUYER shall have given the right of first refusal to the SELLER be at liberty to purchase, ma nufacture from any other source 7/10 as he thinks fit other stores of the same similar description to make goods :-
• (i)Such defaults.
• (ii)In the event of contract being wholly determined the balance of the stores remaining to be delivered th ere under.
• 2.Liquidated Damages (Para 7.10 of DPM 2009). In the event of the Seller’s failure to submit the Bon ds, Guarantees and documents, supply the stores/goods and conduct trails, installation of equipment, train ing, etc as specified in this contract, the Buyers may a his discretion, within old any payment until the com pletion of the contract, the Buyer may also deduct form the seller as agreed. Liquidated Damages to the su m of 0.5% of the contract price of the deleted / undelivered stores mentioned above for every week of dela y of part of week.
• 3.Termination of concluded contract (Para 10.10 of DPM - 2009). A contract may be terminate d in the following circumstances. :-
• (a)When the supplier fails to honour any part of the contract including failure to deliver the contracted sto res in time.
• (b)When the contractor is found to have made any false or fraudulent declaration or statement or get the contract or he is found to be indulging in unethical or unfair trade practices.
• (c)When both parties mutually agree to terminate the contract.
• (d)When the item offered by the supplier repeatedly fails in the inspection and or the suppliers not in a po sition to either rectify the defects or offer items conforming to the contract quality standards.
• (e)Any special circumstances, which must be recorded to justify the cancellation of termination of contrac

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• 4.Fall Clause. Fall Clause as per Para 7.18 of DPM 2009.
• 5.The Technical Evaluation Committee will invite those vendor who meet essential parameters for technic al presentation and clarification with respect to qualify requirements at the place decided by the Board of Officer for doing physical and field evaluation for ascertaining compliance of qualitative requirement of the product being offered.
• 6.Technical Presentation. Technical Evaluation Committee will do and field evaluation for ascertain c ompliance qualitative requirement of the product being offers. The Vendors will be required to produce Qt y 01 Piece of each items of the product at 149 Fd Wksp Coy EME for inspection by the nominated insp ag ency.
• 7.No Chinese components will be used and certification of the effect will be provided by the vendors.
• 8.Local Content Certificate.
• 9.Shelf Life. Shelf life should be minimum 01 Years.
• 10.Warranty Certificate for minimum 01 years of warranty.
• 11.Unclear Contract Closing. Final payment is contingent upon CRAC (Consignee Receipt and Acc eptance Certificate) , which requires 100% Compliance.
• 12.Delay Delivery Penalty. If a seller fails to deliver within the stipulated time, a penalty of 0.5% of t he total contract value per week (or part thereof) can be levied, with the maximum penalty often reac hing 10%. .