Spare Parts/consumables For FTIR Instrument

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.

Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at following address PLACE OF DELIVERY: F.O.R. CSIR-IMMT STORES (INCLUDING LOADING AND UNLOADING) ACHARYA VIHAR BHUBANESWAR ODISHA - 751013 .

Installation, Commissioning, Testing, Configuration, Training (if any - which ever is applicable as per scope of supply) is to be carried out by OEM / OEM Certified resource or OEM authorised Reseller.

Manufacturer Authorization:Wherever Authorised Distributors/service providers are submitting the bid, Authorisation Form /Certificate with OEM/Original Service Provider details such as name, designation, address, e-mail Id and Phone No. required to be furnished along with the bid

• 1.The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
• 2.The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
• 3.The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.

Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, if:

• i)The Seller fails to comply with any material term of the Contract. ii) The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the stipulated Delivery Period or such inability otherwise becomes apparent. iii) The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) promptly. iv) The Seller becomes bankrupt or goes into liquidation.
• v)The Seller makes a general assignment for the benefit of creditors. vi) A receiver is appointed for any substantial property owned by the Seller. vii) The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed the Purchase Order on the Seller.

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

Buyer Added text based ATC clauses

• I.Payment Terms: 100% percent payment within 30 days after successful installation and commissioning o f the spare parts/consumables and after submission of all documents. II.GST TDS/TCS/Income tax and other Taxes, if applicable will be deducted as per applicable statutory norm s prescribed by the Govt. III. Denial Clause: No upward price variation including statutory levies will be admissible beyond the origin al scheduled delivery date for default on the part of the supplier. However, downward price variation woul d be availed by the purchase as per the denial clause in the letter of extension of the delivery period. IV. Liquidity charges: Liquidated Damage charges will be levied/imposed @0.5% of order value per week s ubject to maximum 10% (ten percent) of order value towards late delivery of the equipment/instruments/s pare parts.
• V.Amendment: Any amendment made will be treated as the part of the contract. VI. Replacement: All incidental expenses concerned to warranty / faulty items replacement will be borne b y the supplier. VII. Settlement of Disputes: The purchaser and the supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract. All disputes, differences and questions which may, if any time, arise shall be referred to Delh i International Arbitration Centre (DIAC), Delhi High Court, New Delhi as per the provisions of Indian Arbitra tion and Reconciliation Act 1996 and his award shall be final and binding on the parties to the dispute. VIII. Jurisdiction: Place of Jurisdiction is Bhubaneswar. IX. DIRECTOR, CSIR-IMMT RESERVES ALL RIGHT TO CANCEL THIS CONTRACT AT ANY STAGE .

Buyer uploaded ATC document Click here to view the file.