PROCUREMENT OF PIPES AND FITTINGS

(cid:76)(cid:76)ेेतताा (cid:79)(cid:79)ाारराा जजोोड़ड़(cid:19)(cid:19) गगईई (cid:1)(cid:1)बबडड कक(cid:16)(cid:16) (cid:1)(cid:1)ववशशेषेष शशतत(cid:108)(cid:108)

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

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Buyer Added text based ATC clauses i. Delivery Terms & Delivery Address: Delivery shall be made on F.O.R Basis, Bank Note Paper Mill India Pvt. Ltd., Mysore. Delivery Address: Engineering Stores, Bank Note Paper Mill India Pvt. Ltd., Note Mudran Nagar, Mysore – 570003, Karnataka. ii. Terms of Payment: 100% amount of the invoiced value shall be released within 10 days from the date of receipt and acceptan ce of goods by the consignee at destination and on production of all required documents by the supplier. NEFT/RTGS details shall be furnished along with the Original Invoice. iii. Delivery Schedule: Successful supplier shall complete supply of goods within 45 days from the date of issuance of GEM contra ct by BNPM, Mysore. iv. Liquidated Damages (LD): In case your quotation is accepted and order is placed on you, the supply against the order should be mad e within the period stipulated in the order. BNPMIPL reserves the right to recover any loss sustained due to delayed delivery by way of liquidated damages. Failure to supply the material within the stipulated period shall entitle BNPM to impose liquidated damages without assigning any reasons @ 0.5% (Half Percent) of t he delivered price of the delayed Goods for each week of delay or part thereof until actual delivery subject to a maximum deduction of 5% (Five Percent) of the total contract value which you unconditionally and ex pressly agree to unless extension is obtained from BNPM without imposition of LD, without price escalation along with any other denial conditions (if applicable) on valid ground before expiry of delivery period. In ca se of inordinate delay (Inexcusable delays of more than one-fourth (25%) of the total completion period sh all be treated as inordinate delays) this maximum deduction shall be 10% of the total contract value. v. Rejection Replacement: In case of supplied material not meeting required technical specification s, the same will be rejected outright and the rejected material shall be taken back within mutually agreed t ime period at the cost and risk of the successful bidder and replacement shall be made within mutually agr eed time period from the date of intimation. No payment shall be made for rejected item. If the material is not taken back within the stipulated period, BNPM reserves the right to dispose-off the material at the risk and expense of the bidder. vi. Delay in supplier’s performance: Time is essence of the contract and completion of delivery dates agreed to are binding on the supplier. In t he event the supplier is not able to supply as per the delivery schedules given by BNPM, Purchaser will hav e a right either to cancel the order without prejudice to any other rights or to make purchase from an alter nate source at the risk and cost of the seller. In case of rejection and failure to replace goods, the order will be treated as incomplete and BNPM may ca ncel the order and will arrange to purchase the goods from elsewhere at supplier’s risk and cost and the p urchase order on supplier shall be cancelled and action taken as per the order terms. vii. Vendor Performance: Vendor shall be evaluated for their performance. The performance shall be based on timeliness of deliveri es, quality of the material supplied, technical support, quality of after-sales service if any, replacement of t he defective material if any, responsiveness etc. Based on the above criteria, the vendor shall be rated in category “A”, “B” & “C”. The vendor with rating “C” shall be disqualified/debarred from participating in the tender for period of 12 months. viii. Extension of Time: If the contract is delayed in the progress of work by changes ordered in the work, or any clause which BNP M shall decide to justify the delay, then the time of completion shall be extended by a reasonable time. If at any time during the currency of contract, the supplier encounters conditions hindering timely delivery of the goods and performance of services, the supplier shall promptly inform BNPM in writing about the sa me and its likely duration and make a request to BNPM for extension of the delivery schedule accordingly. On receiving the supplier's communication, BNPM shall examine the situation as soon as possible and, at it s discretion, may agree to extend the delivery schedule, with or without liquidated damages for completio n of supplier's contractual obligations by issuing an amendment to the contract. ix. Risk Purchase Clause: If the supplier fails to abide by the terms and conditions of this agreement, or fails to supply the material a s per the delivery schedule or any time repudiates the contract, the purchaser will have the right to a. Appropriate the Security Deposit (by invoking the Bank guarantee/performance security) deposited by the supplier and procure the tender item from other agencies at the risk and cost of the supplier. b. The cost difference between the alternative arrangement and supplier’s tendered value will be reco vered from the supplier along with the other incidental charges. In case of procurement through alternative sources, and if procurement price is lower, no benefit on this a ccount will be passed on to the supplier. x. Fore-Closure Clause: If at any time during the continuation of this contract, the use of material ordered in this contract is compl etely banned or due to drastic change in Government policy its use as, raw material is discontinued or is d eclared hazardous to public health or cause rising to civil commotion, epidemics, wide-spread strikes and 21 days’ notice of such eventualities is given by purchaser to the supplier, the supplier without any right t o enforce the contract, will agree to the fore-close the performance of balance portion of this contract and i n that event no claim for damages or loss will be lodged against the purchaser. xi. Force Majeure: In the event of any unforeseen event directly interfering with the supply of stores arising during the curren cy of the contract, such as war, hostilities, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, or acts of God, the Contract or shall, within a week from the commencement thereof, notify the same in writing to the Purchaser with reasonable evidence thereof. Unless otherwise directed by BNPM in writing, the supplier shall continu e to perform its obligations under the contract as far as reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. If the force majeure conditio n(s) mentioned above be in force for a period of 90 days or more at any time, either party shall have the o ption to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 14 days' notice to the other party in writing. In case of such termination, no damages shall be claimed by eith er party against the other, save and except those which had occurred under any other clause of this contr act prior to such termination. xii. Settlement of Disputes through Arbitration: xiii. All disputes and differences of any kind whatsoever arising out of or in connection with the contra ct, whether during the progress of the work or after their completion excluding the Excepted Matters (detai led below) shall be settled either through Adjudication / Mediation / Arbitration (as per the Arbitration & Co nciliation Act, 1996) process as applicable. In case of mediation / arbitration, the venue shall be Mysuru, Ka rnataka. Excepted matters: Matters for which provision has been made in any clause of the contract shall be deemed as ‘excepted matters’ (matters not disputable/ arbitrable), and decisions of BNPM, thereon, sha ll be final and binding on the supplier. xiv. Legal Jurisdiction: The Courts of Mysore (Karnataka State) shall alone have jurisdiction to decide on any legal matter of dispu te whatsoever arising out or in respect of the contract. xv. Security and Confidentiality: BNPMIPL is a security organization and the premise is declared as ‘Prohibited Area’ by the Govt. of Karnata ka. Hence the service provider has to abide by the security rules of the Company. . /Disclaimer अअ(cid:47)(cid:47)ववीीककररणण