Ceremic Pot with Logo

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 8 Atal Road Lucknow Lucknow Cantt PIN-226002 .

Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to upload undertaking to this effect with bid.

Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in the market and has at least 1 years residual market life i.e. the offered product shall not be declared end-of- life by the OEM before this period.

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.

Warranty period of the supplied products shall be 1 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.

Malicious Code Certificate: The seller should upload following certificate in the bid:-

• (a)This is to certify that the Hardware and the Software being offered, as part of the contract, does not contain Embedded Malicious code that would activate procedures to :-
• (i)Inhibit the desires and designed function of the equipment.
• (ii)Cause physical damage to the user or equipment during the exploitation.
• (iii)Tap information resident or transient in the equipment/network.
• (b)The firm will be considered to be in breach of the procurement contract, in case physical damage, loss of information or infringements related to copyright and Intellectual Property Right (IPRs) are caused due to activation of any such malicious code in embedded software.

Buyer Added text based ATC clauses Risk and Expense Clause:- Risk and expense purchase is undertaken by the purchaser in the eve nt of the period and where extension of delivery period is not approved. While initiating risk purchase at th e cost and expense of the supplier, the purchaser must satisfy himself that the supplier has failed to delive r and has bee given adequate and proper notice to discharge his obligations. Whenever risk purchase is re sorted to, the supplier is liable to pay the additional amount spent by the government, if any, in procuring the said contracted goods/ services through a fresh contract, i.e. the defaulting supplier has to bear the ex cess cost incurred as compared with the amount contracted with him. Factors like method of recovering s uch amount should also be considered while taking a decision to invoke the provision for risk purchase. Liquidated Damages Clause:- In the event of the seller’s failure to submit the bonds, guarantees and documents, supply the stores/ goods and conduct trails , installation of equipment, training, etc as specifie d in this contract, the Buyer may, at his discretion, withhold any payment until the completion of the contr act. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of th e contract price of the delayed / undelivered stores/ services mentioned above for every week of delay or part of a week, subject to the maximum value of the liquidated damages being not higher than 10% of the value of delayed stores. Termination of Contract:- The Buyer shall have the right to terminate this contract in part or in f ull in any of the following cases :-

• (a)the delivery of the material is delayed for causes not attributable to force majeure for more than (01 months) after the scheduled date of delivery.
• (b)The seller is declared bankrupt or becomes insolvent.
• (c)The delivery of material is delayed due to causes of Force Majeure by more than (01 m onths) provided force majeure clause is included in contract.
• (d)The Buyer has noticed that the seller has utilized the services of any Indian / Foreign agen t in getting this contract and paid any commission to such individual / company etc.
• (e)As per decision of the Arbitration Tribunal. Transfer and Sub-Letting:- The Seller has no right to give, bargain, sell, assign or sublet or other wise dispose of the contract or any part thereof, as well as to give or to let a third party take benefit or adv antage of the present contract or any part thereof. Force Measure:- Neither party shall bear responsibility for the complete or partial non-performa nce of any of its obligations (except for failure to pay any sum which has become due on account of receip t of goods under the provisions of the contract), if the non performance results from such force majeure cir cumstances as Flood, fire earthquake and other acts of God, as well as war, military operations, blockade, acts or actions of state authorities or any other circumstances beyond the control of the parties that might arise after the conclusion of the contract. Fall Clause:- The following Fall clause will form part of the contract placed on successful bidder :-
• (i)The price charges for the stores supplied under the contract by the seller shall in no eve nt exceed the lowest prices at which the seller sells the stores or offer to sell stores of identical des cription to any person organization including the purchaser or any department of the central gover nment or any department of state government or any statutory undertaking the central or state go vernment as the case may be during the period till performance of all supply orders placed during the currency of the rate contract is completed.
• (ii)If at any time, during the said period the seller reduces the sale price, sells or offer to sell such stores to any person/ organization including the buyer or any deptt of central govt or any dep artment of the state government as the case may be at a price lower than the price chargeable un der the contract, the shall forthwith notify such reduction or sale or offer of sale to the director gen eral of supplies & disposals and the price payable under the contract for the stores of such reducti on of sale or offer of the sale shall stand correspondingly reduced.
• (iii)The seller shall furnish the certificate to the paying authority alongwith each bill for paym ent for supplies made against the rate contract. Pre Bid Conference/ Meeting:- Pre BID meet is mandatory due to miscellaneous items and ceremic pot t o be printed as per buyer requirement. Pre-Bid discussions may be held prior to submission of bids for clari fication of issued related to the SOW. However where the repair/ refit project involves firming up of techni cal issued prior to issue of RFP, in such cases, a request for information (RFI) conference may be held with prospective tenderers followed by issue of a formal RFP. .