Entry And Mid Level Desktop Computer

Buyer Added text based ATC clauses ADDITIONAL TERMS AND CONDITIONS

• 1.Arbitration: NA
• 2.Agents / Agency Commission: The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the stores/provider of the se rvices referred to in this Contract and has not engaged any individual or firm, w hether Indian or foreign whatsoever, to intercede, facilitate or in anyway to reco mmend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the Seller; nor has any amount be en paid, promised or intended to be paid to any such individual or firm in respec t of any such intercession, facilitation or recommendation. The Seller agrees tha t if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Bu yer that the Seller has engaged any such individual/firm, and paid or intended t o pay any amount, gift, reward, fees, commission or consideration to such perso n, party, firm or institution, whether before or after the signing of this contract, t he Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from entering into any supply Contract with the Government of India f or a minimum period of five years. The Buyer will also have a right to consider c ancellation of the Contract either wholly or in part, without any entitlement or c ompensation to the Seller who shall in such an event be liable to refund all pay ments made by the Buyer in terms of the Contract along with interest at the rat e of 2% per annum above LIBOR Rate. The Buyer will also have the right to reco ver any such amount from any contracts concluded earlier with the Government of India.
• 3.Liquidated Damages: In the event of the Seller's failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in this contract, the Buyer m ay, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered stores/services mentioned above for every week of delay or part of a week, subject to the maxi mum value of the Liquidated Damages being not higher than 10% of the value o f delayed stores.
• 4.Termination of Contract: The Buyer shall have the right to terminate t his Contract in part or in full in any of the following cases:-
• (a)The delivery of the material is delayed for causes not attributable to Fo rce Majeure for more than (03 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 month) provided Force Majeure clause is included in contra ct.
• (d)The Buyer has noticed that the Seller has utilised the services of any I ndian/Foreign agent in getting this contract and paid any commission to s uch individual/company etc.
• (e)As per decision of the Arbitration Tribunal. 5 . Notices: Any notice required or permitted by the contract shall be writt en in the English language and may be delivered personally or may be sent by FAX or registered pre-paid mail/airmail, addressed to the last known address of t he party to whom it is sent.
• 6.Amendments: No provision of present Contract shall be changed or mo dified in any way (including this provision) either in whole or in part except by a n instrument in writing made after the date of this Contract and signed on behal f of both the parties and which expressly states to amend the present Contract.
• 7.Payment Terms for Indigenous Sellers - It will be mandatory for the Bidders to indicate their bank account numbers and other relevant e-payment d etails so that payments could be made through ECS/EFT mechanism instead of payment through cheques, wherever feasible. A copy of the model mandate for m prescribed by RBI to be submitted by Bidders for receiving payments through ECS is at Form DPM-11 (Available in MoD website and can be given on request).
• 8.Advance Payments: No advance payment(s) will be made.
• 9.Risk & Expense clause –
• (a)Should the stores or any instalment thereof not be delivered within the time or times specified in the contract documents, or if defective deliv ery is made in respect of the stores or any instalment thereof, the Buyer s hall after granting the Seller 45 days to cure the breach, be at liberty, with out prejudice to the right to recover liquidated damages as a remedy for b reach of contract, to declare the contract as cancelled either wholly or to t he extent of such default.
• (b)Should the stores or any instalment thereof not perform in accorda nce with the specifications / parameters provided by the SELLER during th e check proof tests to be done in the BUYER’s country, the BUYER shall be at liberty, without prejudice to any other remedies for breach of contract, to cancel the contract wholly or to the extent of such default.
• (c)In case of a material breach that was not remedied within 45 days , the BUYER shall, having given the right of first refusal to the SELLER be a t liberty to purchase, manufacture, or procure from any other source as h e thinks fit, other stores of the same or similar description to make good:-
• (i)Such default.
• (ii)In the event of the contract being wholly determined the bal ance of the stores remaining to be delivered the re-under.
• (d)Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any other supplier as the case may be, over the contract price appropriate to such default or balance shall be recoverable from the SELLER. Such recoveries shall not exceed 10% of the value of the contract.”
• 10.Inspection Authority: The Inspection will be carried out by Store Office /District Logistics Officer. The mode of Inspection will be Departmental Inspec tion / User Inspection / Joint Inspection / Self-certification. The mode of Inspec tion will be Departmental Inspection and “Firm Fit Function “Certificate from the firm.
• 11.Franking clause– The following Franking clause will form part of the co ntract placed on successful Bidder –
• a.Franking Clause in the case of Acceptance of Goods “The fact tha t the goods have been inspected after the delivery period and passed by t he Inspecting Officer will not have the effect of keeping the contract alive. The goods are being passed without prejudice to the rights of the Buyer u nder the terms and conditions of the contract”.
• b.Franking Clause in the case of Rejection of Goods “The fact that t he goods have been inspected after the delivery period and rejected by th e Inspecting Officer will not bind the Buyer in any manner. The goods are being rejected without prejudice to the rights of the Buyer under the term s and conditions of the contract.”
• 12.Tolerance Clause– To take care of any change in the requirement duri ng the period starting from issue of RFP till placement of the contract, Buyer res erves the right to 50 % plus/minus increase or decrease the quantity of the requ ired goods upto that limit without any change in the terms &conditions and pric es quoted by the Seller. While awarding the contract, the quantity ordered can be increased or decreased by the Buyer within this tolerance limit. NA Additional remarks
• 1.MONITOR TO BE 22 INCH OR MORE(LED)
• 2.WINDOWS 11 OS OR ABOVE WITH LIFETIME VALIDITY 3 .SSD -500 GB OR MORE 4 RAM- 16 GB OR MORE
• 5.HARDDISK- 1 TB OR MORE
• 6.BLUETOOTH AND WIFI TO BE AVAILABLE
• 7.WARRANTY- 3 YRS
• 8.VGA AND HDMI PORTS TO BE AVAILABLE
• 9.CD/DVD WRITER TO BE AVAILABLE
• 10.CPU SHOULD HAVE SPEAKER FOR SOUND
• 11.PC SHOULD INSTALLED MS OFFICE 365 WITH LIFE TIME VALIDITY .

Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in the market and has at least 7 years residual market life i.e. the offered product shall not be declared end-of- life by the OEM before this period.

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

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.

Participation by the bidder in RA process would be considered as their consent for extension in offer validity by 30 days by the date of RA initiation.