Motor rewinding101224

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.

Scope of supply (Bid price to include all cost components) : Only supply of Goods

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 1) Subsequent to bid opening, if it is found that bids submitted by related parties in which there seems to be collusion are liable to be rejected. Parties are considered to be related if one party has the ability to con trol the other party or exercise significant influence over the other party in making financial and / or operat ing decision. 2) Bidders shall submit their offer strictly as per specification and scope given in the b id failing which their offer will liable to be rejected. Conditional offer will also liable to be rejected. 3) Material is required to be supplied on FOR-destination duly unloaded & insured basis. 4) Deviation of Order quantity: Up to 10% variations in the execution of purchase order of the total order value for sanctioned order value is allowed without issue of amendment / revision in the pur chase order. 5) Bidder shall submit GST percentage and HSN Code as per format given only in the Bid and upload the d uly signed scanned copy of the same under “financial document required option”. Bidder shall not upload t his format in the technical bid or disclose anywhere in the technical part. 6) Similar item "any motor or its spares". 7) DISPUTE RESOLUTION MECHANISM AND JURISDICTION: CONCILIATION :Notwithstanding anything contained in this contract, any disputes or differen ces whatsoever, which are to be settled amicably between the parties with their authorized re presentatives, shall be resolved through conciliation. MEDIATION :Any disputes or differences, which are not settled amicably through conciliation, then either of the parties, may approach for Mediation to settle under Mediation Act, 2023. The procedure is to be followed as prescribed in the Mediation Act,2023 amended from time to tim

• e.AMRCD: Any disputes or differences between the parties are not settled amicably with concili ation and/or Mediation, then such disputes or differences shall be resolved through Administr ative Mechanism for Resolution of CPSEs Disputes (AMRCD). Any disputes or differences relatin g to interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/Port Trusts, inter-se and also between CPSE(s ) and Governm ent Department(s) / Organization(s) shall be taken by either party for its resolution through AM RCD. ARBITRATION :Any disputes or differences where clause no. iii is not applicable, the parties may go for arbitration as per the provisions of Arbitration & Conciliation Act, 1996 provided the disputes is restricted to less than Rs. 10 Cr. (Ten Crores). This amount is with reference to the value of the dispute and not the value of the contract which may be much higher. In all o ther cases, arbitration shall not be a method of dispute resolution arising out of this contract. JURISDICTION : If the matter is not resolved through above means, the dispute shall be resolv ed in civil court of law at Jharkhand only. .
• 5.Past Project Experience Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): Not Required Post Receipt Inspection at consignee site before acceptance of stores: carried out by concerned user at our store/site and it will be final and binding for supplier.

Bidders are advised to check applicable GST on their own before quoting. Buyer will not take any responsibility in this regards. GST reimbursement will be as per actuals or as per applicable rates (whichever is lower), subject to the maximum of quoted GST %.

• 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.