SPECIAL
CLAUSE
(A GOVERNMENT OF INDIA ENTERPRISE)
PURCHASERS OF HAZARDOUS WASTE DEFINED UNDER THE HAZARDOUS WASTES (MANAGEMENT & HANDLING) RULES 1989 NOTIFIED UNDER THE ENVIRONMENT (PROTECTION) ACT, 1986 ARE REQUIRED TO HAVE ENVIRONMENTALLY-SOUND PROCESSING TECHNIQUE, EFFICIENT POLLUTION CONTROL SYSTEM & VALID AUTHENTICATION FROM THE STATE POLLUTION CONTROL BOARD/POLLUTION CONTROL COMMITTEES IN UNION TERRITORIES OF HANDLING SUCH WASTES IN ADDITION TO COMPLIANCE OF STANDARDS LAID DOWN UNDER THE ACT VIOLATION OF ANY PROVISION OF THE RULES AND NON-COMPLIANCE WITH THE STANDARDS ARE PUNISHABLE UNDER SECTION 15 OF THE SAME ACT.
AS SUCH ALL THE PURCHASERS OF WASTE OIL,
BATTERIES, NON-FIBROUS WASTE PARTICULARLY LEAD, COPPER AND ZINC "WASTES: ARE TO
SUBMIT THE FOLLOWING CLEARANCE CERTIFICATES ALONG WITH THE TENDER DOCUMENTS AT
THE TIME OF TENDER OPENING.
(A)
VALID
AUTHORIZATION FROM THE APPROPRIATE AUTHORITIES AS PER LAW FOR HANDLING OF
HAZARDOUS WASTES UNDER THE HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES
1989.
(B)
VALID CONSENT
LETTERS FROM THE STATE POLLUTION CONTROL BOARDS UNDER AIR AND WATER
ACT.
EVEN AFTER MAKING IT VERY CLEAR TO ALL
TENDERERS ABOUT SUBMISSION OF AUTHORISATION LETTER AS STATED ABOVE, IF ANY
TENDERER SUBMITS HIS QUOTATION FOR SUCH SPECIFIED MATERIAL, THEN IT SHALL BE
PRESUMED THAT THE SHALL BE SUBMITTING SAME LATER ON BUT BEFORE ISSUE OF SALE
ACCEPTANCE LETTER BY MSTC. THE SECURITY DEPOSIT OF SUCH TENDERERS/ PURCHASERS
SHALL AUTOMATICALLY STAND FORFEITED WHO FAIL TO SUBMIT THE REQUIRED STATUTORY
DOCUMENT WITHIN THE VALIDITY PERIOD OF SALE ACCEPTANCE
LETTER.
IMPORTANT NOTE TO ALL
TENDERER
1.
"RETURNED/UNDELIVERED"
MAIL:
1.1
The tenderers
must write their complete postal correctly and legibly (preferably in Bold
Letter) so that the sale Acceptance Letter/SOs or the EMD refunds are make
correctly. MSTC shall not be responsible for either delay or non-delivery of
SOs/EMDs due to wrong or illegible/incomplete address given in the tender
document.
1.2
In case the
SOs/EMD cheques/Drafts are returned by the postal authorities/courier service to
MSTC undelivered with any remarks such as "addressee not fond", "Incomplete
address", "wrong address", "shop closed", "No such firm exists at this address",
or likewise, then it shall be viewed very seriously and, therefore, such
cheques/drafts/SOs shall be lying in MSTC office at the sole risk &
responsibility of tenderers. However, MSTC, may at its sole discretion, and on
written request of tenderers, again send the undelivered letter/SOs/EMD
cheque/Drafts to the addressee (without changing the text) o prepayment of Rs.
150/- by case of Bank Draft in favour of MSTC Ltd., New
Delhi.
1.3
While
submitting MSTC cheques towards EMD, it must by ensured by tenderers that same
has not become "STALE" (six months from the date of its issue). Please "NOTE"
that such STALE cheques shall not be accepted by MSTC under any circumstances
and if found in the tender same shall be ignored, and therefore, not counted
towards EMD. However, the tenderers desirous of submitting such cheques must get
it "REVALIDATE" well in advance by prepayment of Rs. 200/- towards processing
cost. Revalidation will be done only after proper verification and
authentication of the tenderers. Revalidated cheques will be sent by post
only.
2.
Sales Tax
Tenderer wishing to avail of
sales tax concession against forms may note the following
points:
2.1
Every
declaration form should contain registration number of the
dealer.
2.2
Sales tax
declaration form should be properly & fully filled up by dealer legibly
without any cutting/over writings.
2.3
The
declaration form should contain P.O. number duly filled up by Sales tax
authority.
2.4
The signature
in the declaration from should match that on the sales tax registration
certificate of the dealer
2.5
Registration
certificate should be produced as and when demanded by
MSTC/Owners.
2.6
Items for
which sales tax declaration form is issued be covered by the regn. Certificate.
Items should be clearly mentioned on the form.
2.7
Sakes tax form
complete in all respects as above should be submitted along with the material
value payment. Any delay in submission of the same will not be accepted and full
tax is to be deposited in such cases.
GENERAL TERMS AND CONDITION OF
TENDER
1.
MSTC Limited
shall be hereinafter referred to as MSTC and the successful tenderer (i.e. the
tenderer in whose fevour the contract may be awarded) shall hereinafter be
referred to as the buyer/purchaser.
2.
MODE
OF SUBMISSION OF TENDER
2.1
All tender
must be submitted in the prescribed form only and in sealed covers superscribed
with the reference number of the tender enquiry. The tenders must be addressed
to MSTC Limited, Domestic Trade Division, Northern Regional Office, Prakash Deep
(7th Floor), 7-Tolstoy Marg, New Delhi-110 001 and be put in a tender
Box placed for this purpose at the said address.
2.2
Tenderer
should enclose inside the sealed cover containing the tender, the following
documents:
(a)
Demand Draft/Pay Order towards Earnest Money.
(b)
The Special as
well as General Terms and conditions of tender, both duly signed by the tenderer
in token of having accepted the same in toto.
(c)
Schedule of Rate(s) duly filled in and signed by the tenderer. (As placed
in Annexure)
2.3
No
telex/telegraphic/fax quotations will be accepted.
2.4
Tenderers
sending their tenders by mail will do so solely at their own risk and MSTC will
not be responsible for any loss in transit or postal
delay.
2.5
Incomplete
tender or tenders submitted with qualifying conditions at variance with the
Special as well as General Terms and conditions of tender are liable to be
rejected summarily.
2.6
In the event
of MSTC's office remaining closed on the day of opening of the tender for any
unforeseen reason, the tender shall be received upto 2-30 P.M. on the next
working day for MSTC and will be opened immediately thereafter in the presence
of such tenders who may like to be present, MSTC shall not entertain any
complaint as to the fact that the tenderers were not aware of the exact next
working day and it is the responsibility of the tenderers to find out from the
office of MSTC about such details. MSTC does not undertake any responsibility
whatsoever to inform any or all the tenderers such changes and it is within the
rights and discretion of MSTC to take all such decision and the same shall be
binding on all tenderers.
2.7
Unless and
until specified in the special terms and conditions, enclosed herewith, the
validity of the offers, submitted by tenderers, shall be kept open for 90
(ninety) days (including date of tender opening).
2.8
Please refer
to special terms and conditions for any change in general terms and conditions,
since for all practical purposes the special terms and conditions shall
supercede general terms and conditions.
3.
EARNEST
MONEY/SECURITY DEPOSIT/NO OBJECTION CERTIFICATE (NOC)
3.1
The tender
should be accompanied by Earnest Money deposit of 5% of the total sale value of
each lot subject to maximum of Rs. One lac per lot quoted by way of DD/PO on any
scheduled bank in favour of MSTC Limited & payable at Delhi. Such DD/PO,
have to be issued to tenderers by the issuing banks, with name & style by
which tender documents have been purchased (i.e. DD/PO of any third party will
not by accepted). Preferably, separated DD/PO should be submitted towards
Earnest Money for separate lots. However, in any case tenderer who wishes to
submit a single PO/DD of the total Earnest Money becoming due against all the
lots quoted for, he should furnish the break up of the Earnest Money submitted
against each lot quoted for in the appropriate column provided for this purpose
in the Schedule of rate (s). No interest will be payable on the Earnest Money.
For the purpose of calculation on Earnest Money, taxes/duties etc. will not be
counted.
3.2
Earnest Money
in any other form, example cheque (including cheque made "Good for payment" by
the bank). Bank Guarantee, Bid Bonds/Call Deposits etc. will not bet acceptable
to MSTC and any request to recoup earnest money from "Tenderers" pending bills
or for adjustment of the same from previous Security Deposit, if any, or from
any other amount lying with MSTC/ Owner shall not be entertained.
3.3
In case
unsuccessful tenderers, the Earnest Money will be refunded after the expiry of
the offer or earlier at the discretion of MSTC.
3.4
In case the
tender is accepted and after the receipt of the due payments towards first
installment/full value of the materials including taxes/duties (as them case may
be) as per the payment terms stipulated in the Special Terms and Conditions, the
Earnest Money deposited by the successful tenderer against each accepted
quotation shall be automatically converted into Security Deposit. In case the
tender is accepted and the tenderer(s)/buyer(s) refuses/fails to make further
financial arrangements towards the full value of materials including
taxes/duties as stipulated in the Special Terms and Conditions of the tender,
the full Earnest Money against the particular accepted lot(s) shall be forfeited
without prejudice to the right of MSTC to claim such further damages in this
regard without further reference to the
tenderer(s)/Buyer(s).
3.5
No interest is
payable by MSTC on the Security Deposit. The Security Deposit(s) is /are
refundable to the buyer(s) only on fulfillment of all contractual obligations of
the buyer(s) to the satisfaction of the Chairman cum-Managing Director of MSTC
or his authorised nominee whose certificate in this regard shall be final and
binding on the buyer(s).
3.6
As stated in
3.5 above, it shall be the responsibility of the purchaser to produce "NO
OBJECTION CERTIFICATE (NOC)" in the proforma given below, from./stockholder upon
completion of contract as stated in clause-7 herein below, to MSTC for release
of security Deposit. MSTC shall be held responsible for any delay on this
account.
"PROFORMA FOR ISSUE OF NO OBJECTION
CERTIFICATE BY STOCK HOLDER AFTER DELIVERY OF STORES TO
PURCHASERS".
"TO
MSTC LIMITED
PRAKASH DEEP 7TH FLOOR
7, TOLSTOY MARG
NEW DELHI.
SUB: Issue on N.O.C.
Ref.: Delivery order
No............dt.................
Sale order No................dt.................
Tender No..................dt.................
Lifted Lots................. dt.................
Dear Sir,
We hereby confirm that M/S........................ have lifted above lots
pertaining to our Unit in respect of subject delivery order issued by you &
nothing is outstanding against them. You may make further necessary action for
release of their Security Deposit accordingly
Thanking you
You're faithfully
STAMP SPACE
SIGNATURE
(Stock Holder)
4.
PAYMENTS
The cost of each lot of material, along with
all taxes and duties must be paid by the buyer in equal installment as per table
given below.
|
Net sale value (excluding
taxes/duties) Rs. Lakhs (FOR EACH
LOT) |
No. of
Installments |
Payment Period
counted from the date of letter of acceptance (including date of
issue) |
|
Upto & including Rs. 10.00
lakhs |
1 |
15
days |
|
Over Rs. 10 lakhs upto Rs. 25.00
lakhs |
2 |
40
days |
|
Over Rs. 25.00 lakhs upto Rs. 45
lakhs |
3 |
65
days |
|
Above Rs. 45.00
lakhs |
4 |
90
days |
4.1
1)
Tenderer is required to pay the total sale value in equal installments as
per table given above.
2)
First
installment should be paid at MSTC/Owners office within 15 days from the date of
acceptance letter by MSTC and subsequent installment, if any, should be paid as
above or as specified in sale order.
3)
Tenderer
desirous of availing Central/State Sale tax/Excise etc. concession as per rules
must submit the appropriate Central/State Sales Tax/Excise Declaration Form duly
certified by the concerned authority along with the payment for first
installment/full value, as the case may be, failing which they must deposit the
full amount of Sales Tax/Excise etc. No payment of Sale value will be accepted
without the payment of due sales tax/Excise Declaration Form, as the case may
be.
4)
Sale value
including Sale Tax, duties and other charges applicable must be paid by Demand
Draft/Pay Order drawn on any scheduled Bank in favour of MSTC Limited/Owner as
directed in sale order to be issued by MSTC Ltd.
5.
QUALITY, QUANTITY OF SECURITY OF SOLD MATERIAL
5.1
The goods,
will be sold on "As is where is" basis in so far as the physical condition of
the same is concerned. That is to say, the tenderer(s) will be deemed to have
made themselves aware of the physical conditions, dimensions, size, weight,
working conditions etc. by inspecting the material before submitting their
tender and no complaint/claim in this regard will be entertained by MSTC after
the submission of the tender.
5.2
Tenderers may
quote for all or any of the lots mentioned in the schedule of Rate(s) but no
quotation for parts quantity of material in any particular lots will be
accepted. Separate Earnest Money shall be payable for each of the lot quoted
for.
5.3
Where goods
are sold on "lot" basis and not by unit weight/number basis, the entire material
lying in the lot will have to be lifted by the buyer(s) so as to clear the
entire lot. The quantity, if indicate in such cases against the respective lots,
are purely indicative and MSTC/Owner shall not entertain any claim/complaint
from the buyer(s) for any deficiency in quantity/quality/size/dimension of for
refund of the whole or any part of the purchase money or loss of profit or
interest/damages or otherwise.
5.4
Where the
goods are sold by unit i.e. weight or number and not on the basis of "lot", the
quantity indicated in such cases against the respective lots are purely
indicative which in actual may turn out, to be more or less than the indicate
quantity after duly completion of the lifting by the buyer(s), the buyer(s)
shall not be entitled to claim any damages, loss of interest of compensation of
any other account, but shall be entitled to proportionate refund
only.
5.5
Where there
are items or more the one classification of any form in any lot & the
tenderer quoted in lump sum of the entire lot instead of quoting in units per
item, then no refund of any kind shall be entertained by MSTC/Owner, if the
quantity, whatever mentioned in the tender, turns out to be less at the time of
delivery. However if the quantity turns out to be more than the tendered
quantity then the deliver of materials shall be limited to tendered quantity
only.
5.6
MSTC reserves
the right to accept or withdraw from sale the materials offered for sale in full
or part thereof prior to or after the acceptance of the tender without assigning
any reason whatsoever. In such an even the payment, if any, deposited by
tender/purchaser shall be refunded by MSTC/Owner in due course of time without
interest, and thereafter no liability/complaint whatsoever shall be entertained
by MSTC/Owner.
5.7
MSTC reserves
the right to accept or reject the highest tender without assigning any reason
and the contract of any or all the lots may be allotted by MSTC to one or more
than one tenderer as MSTC may deem fit and no claim/complaint in this regard
will be entertained by MSTC/Owner.
6.
INSPECTION
6.1
The materials
quoted for may be inspected at the Owner's site by prior appointment with the
concerned department of the owner and by observing the entry procedure in the
works of the Owners. The discretion to allow any person to inspect the stores
would rest solely with the Owners and the mere fact of producing the tender
paper at the concerned works of the Owners will not confer any such right on the
person concerned.
6.2
The material
quoted for may be inspected at the appropriate site(s) as indicated in the
Schedule of Rate(s) and tenderers (s), should thoroughly satisfy themselves
about the nature, condition and quality of the materials and working conditions.
MSTC/Owner give on guarantee or warranty as to the conditions of the material
of/its quality or its fitness for any specific purpose or use. It should be
clearly understood that no claim/complaint about the quality, quantity &
condition/fitness for use shall be entertained by
MSTC/Owner.
7.
PERIOD OF CONTRACT
7.1
The period of
contract will be as specified in the Special Terms and Conditions of tender.
Unless the materials are lifted within the stipulate time, the contract for the
quantity not lifted within the stipulated time shall be deemed to have been
cancelled and MSTC/Owner shall be at liberty to dispose them off without
prejudice to its rights against the buyer(s). If further material is left in the
area allotted to the buyer(s) after the period of contract MSTC/Owner may at its
sole discretion give the extension of time to the buyer(s) to complete the
contract in all respect and the buyer(s) shall remove the materials during the
extended period also at the same contract rate as provided for, subject to the
price escalation clause.
8.
DEFAULT IN PAYMENT BY THE BUYER
8.1
In case of
default in payment within the time limits specified in the special terms and
conditions of tender, the due payment may be made together with additional
charge@ 1% per week or part thereof on the due amount for the period of delay
within 14 (fourteen) days from the due date. However, MSTC reserves the right
not to accept the payment with or without the additional charges after the
expiry of the above mentioned time limits or even within the aforesaid
additional period of 14 (fourteen) days at MSTC's sole discretion and in such in
event the sale of the lot will be automatically cancelled and the Earnest
Money/Security Deposit (as the case may be) of the tenderer will automatically
stand forfeited and in addition, the terms of clause 12 herein will be
applicable.
9.
DEFAULT IN LIFTING BY THE BUYER
9.1
In case of any
default in lifting the materials by the buyer(s) within the time limits
specified in the Special Terms and Conditions of tender, the unlifted material
may be lifted within 14 (fourteen) days from the due dates subject to payment of
ground rent for the period of delay beyond the specified free delivery period.
Incase of goods sold on 'lot ' basis, the ground rent will be payable @ 2% per
week or part thereof, on the value of the entire lot, even lifted in part,
whereas in case of goods sold on unit/number basis the ground rend will be
payable @ 2% per week or part there of on the value of the unlifted quantity.
However, it will be the sole discretion of owner not to allow the buyer(s) to
lift the material with or without the ground rent after the expiry of the
stipulated free delivery period or even within the aforesaid additional of 14
days and in such event the sale of the material not lifted by the buyer(s) will
be automatically cancelled and the earnest Money/Security Deposit (as the case
may by) will automatically stand forfeited and in addition, the terms of the
Clause 12 hereinafter will be applicable.
10
SALES
TAX/EXCISE DUTIES AND LEVIES
10.1
All taxes
including sales tax of other levies, entailing on the transaction under any
provincial, local or central taxes in force for the time being or enforced
hereafter having its impact on the transaction, will be to tenderer's account
and shall be deposited by \him along with cost of the
material.
10.2
In case of
incidence of Central Sales Tax on the transaction the materials will have to be
transported by the buyer(s) through a registered Public Transport Contractor
across the state border and a copy of goods Receipt Note duly signed by the
consignee will have to be sent by the buyer(s) to the
consignor.
10.3
The materials
to be purchased by the tenderer shall be subject to all such duties (including
excise duty) as may be applicable from time to time and the same shall have to
be borne by the buyer.
10.4
Whatever rate
of excise duty/sales tax/other levies etc., if any, be assessed/applicable on
the date of actual removal/lifting of material shall be paid by the
buyer(s).
10.5
The buyer(s)
will be responsible for complying with the provisions of the Central and State
Excise and Salt Act and the Sales Tax Act of concerned State and the rules
framed there under and also by the order of instruction issued in this behalf by
the appropriate authority.
11.
DELIVERY
11.1
The buyer(s)
shall lift the full materials lying in the lot quoted for by employing their own
labour and transport at their own risk and cost from the area allotted to them
within the time stipulated in the Special Terms and Conditions of Tender or
within such time as may by prescribed in the delivery order. The buyer(s) shall
lift the materials only from the lots/site space as may be earmarked/demarcate
by the Owner from time to time which should be final and binding on the buyer(s)
and they shall observe the rules and regulations and working hors as may be
fixed by the owner. The buyer(s) shall observe the rules only after fulfilling
the provisions of advance payments and issue of Delivery Order by the Competent
Authority. The buyer(s) shall follow the procedure for taking the material out
of the owner's premises prevailing in the respective works of the Owner. The
buyer(s) shall note that no lifting will be allowed on weekly holiday and closed
holiday observed by the Owner.
11.2
The materials
have to be removed on 'as is where is ' basis at the buyer(s) own cost. No
processing other than as may be required for convenient transportation will be
permitted at the sole discretion of owner before removal from the owner's
premises. The buyer shall not be provided with any equipment including dozer,
scrapper, gas, power, water facilities etc. by owner. The buyer(s) have to
arrange for any of these at their own cost and they shall have to take prior
permission from the owner for this purpose.
11.3
The locations
where the lots are lying are one of the areas of active work. Under no
circumstances shall the operation of the buyer(s) interrupts/interfere with
normal operation of the owner. Further, the buyer(s) shall not indulge in any
operation, which could interfere with owner's plant installation, if any, in
their area in the vicinity or site.
If any damage or loss is caused to the
employees or the property of the owner or if any claims are made against
MSTC/Owner by reason of any acts of commission or negligence on the part of the
buyer(s) or on the part of their agents, representatives or employees, MSTC
shall be entitled to recover such losses or damages or claim as may be
ascertained by owner (which ascertainment shall be final and binding on buyer(s)
from any amount due to the buyer(s) including the advance made/to be made by the
buyer(s) as the Earnest Money/Security Deposit (as the case may be) without
prejudice to MSTC's rights to take further action under the contract as well as
recover such losses, damages or claim from any other money due or becoming due
under any other transaction with MSTC/Owner or from the buyer(s)
directly.
11.4
The buyer(s)
shall follow the owner's procedure in regard to the issue of Gate Passes for
taking the material out of the Owners works. The buyer(s) shall use for the
above purpose only trucks/vehicles/cranes having area passes recommended by the
owner and issued by appropriate authority.
All the motor
trucks/tractors/trailers/cranes and other material handling equipment of the
buyer(s) shall be duly registered, taxes paid properly ad otherwise properly
maintained in accordance with Motor Vehicles Act or Rules or any other acts,
rules in force.
The Owner shall allow a reasonable number of
the buyer(s) authorised representatives/ workers/trucks at the sole discretion
of the Owner for entering into the works site for the purpose of removal and
transportation of the materials. The owner shall have the right to ban entry of
any of buyer's representative/workers/trucks at the sole discretion of the owner
without assigning any reason.
11.5
The buyer(s)
will have to fulfill the safety rules, security rules and be governed by the
rules under the Factories Act etc. for the representatives of the buyer(s)
prevailing from time to time. The buyer(s) shall supply safely equipment and
appliances to their workers at their own cost.
It shall be the entire responsibility of the
buyer(s) to ensure that their vehicles are not driven with so high a speed or in
so reckless or rash manner as to cause and accident or prove to be potential
threat to the safety of the traffic. Where speed limit has been fixed, the
buyer(s) and their drivers will strictly adhere to slow and safe driving inside
the owner's works.
11.6
The buyer(s)
shall be fully responsible for the acts or their representatives/workers and
shall fully indemnify MSTC/Owner for losses/damaged(s) sustained by MSTC/Owner.
The MSTC/Owner will not be responsible for ay claim from labour employed by the
buyer(s). The buyer(s) shall wholly and fully be responsible for such claim for
compensation either for accident or injury/death or damage, caused during
operation to their employees transport or to any of the owner's employees or to
other or to the owner's property.
11.7
The buyer(s)
or any of their representative worker/agent shall not indulge in any activity
which is directly or indirectly prejudicial to MSTC/Owner interest or shall not
commit any acts or a misappropriation, pilferage or abetting misappropriation or
pilferage of Owner's property or any attempt thereof to offer or attempt offer
illegal gratifications including offering bribe, reward or advantage etc.
pecuniary or otherwise to any officer or employees of MSTC/Owner. Indulge in any
malpractice namely but not limited to forgery, falsification or fabrication of
documents, bills, voucher, indent etc. in support or any claim against
MSTC/Owner for any reduction of any liability or in connection with work of
MSTC/Owner or indulge in any other act which amounts to an offence punishable
under the Indian Penal code or any other enactment.
11.8
The buyer(s)
shall abide by the Central/State Labour Legislation as may be applicable from
time to time. It shall be the responsibility of the buyer(s) to provide
necessary insurance cover to their workers/ labourers as may be required under
the law.
12.
TERMINATION/BREACH OF CONTRACT RISK PURCHASE
12.1
In the event
of tenderer's failure to fulfill any of the tender obligation including not
lifting the contracted materials under this agreement MSTC's decision in regard
to tenderer failure being final and binding on the tenderer(s) MSTC shall have
the full liberty to do any or all of the following.
a)
Cancel the
contract with immediate effect for the materials under the contract not taken
delivery of by the tenderer's as on that date in which case the security deposit
and or/the Earnest money (as the case may be) shall stand
forfeited.
AND/OR
b)
Retain and/or adjust/cover from tenderer's any amount lying with
MSTC/Owner to the tenderer's credit either under this contract or any other
contract or which may at any time become payable/refundable to the tenderer
either under this contract or any other contract, the amount of losses or
damages or claim that might be incurred by MSTC/Owner in selling the material
under the contract not taken delivery of by the tenderer at tenderer's risk and
costs. Even after such recovery/adjustment by MSTC from tenderers any amount as
mentioned above lying with MSTC/Owner, if any further amount is still found
payable/refundable by the tenderer, the tenderer shall pay the same to MSTC on
demand without any objection or demurrage. The decision of MSTC in regard to the
actual losses incurred by MSTC/Owner including the reasonableness of the rate at
which MSTC/Owner, decide, the decision of MSTC/Owner shall be final and binding
on the tenderer. Provided no loss is incurred by MSTC/Owner the tenderer shall
only be entitled to the refund of the amount retained by MSTC/Stockholder by way
of advance payment towards the undelivered stores without any interest there on
but not other amount.
13.
FORCE MAJEURE
13.1
MSTC/Owner
shall not be liable for any failure or delay in performance due to any cause
beyond their control including fires, floods, strikes, go-slow, lockout,
closure, pestilence, distilence dispute with staff, dislocation of normal
working conditions, war, riots, epidemics, political upheavals, Government
action, civil commotion, breakdown of machinery shortage of labour, acts,
demands or otherwise any other cause or conditions, beyond the control of
aforesaid causes or not and the existence of such causes or consequence may
operate at the sole discretion of MSTC/Owner to extend the time of performance
on the part of the MSTC/Owner by the period as may be necessary to enable
MSTC/Owner to effect performance after the cause of delay will have ceased to
exit. The provision aforesaid shall not be limited or abrogated by any other
terms of the contract whether printed or written.
14.
ARBITRATION
14.1
In the event
of any dispute and /or difference arising between the tenderer/purchasers/buyer
and/or their agent as to the construction, interpretation and /or execution of
the contract and/or the respective rights and liabilities of the parties, such
disputes and /or differences shall be referred to the sole Arbitrator of the
Chief Executive of the Principle for a company registered under the Companies
Act, in the case of PSUs the Head of Department, in case of Govt. Deptts.
Ordinance Factory Board Units, Defence Units, who may act himself or nominate in
his stead any officer subordinate to him or of MSTC, being not below the rank of
General Manager/Director in the Govt. Deptt., who shall act as the sole
arbitrator. The provisions of the Indian Arbitration Act. 1940, and the rules
there under shall apply to such Arbitration. The award passes by such sole
Arbitrator shall be final and shall conclusively bind all the
parties.
15.
GENERAL
15.1
It should be
noted by the tenderer's that by entering into this contract MSTC is not
precluded for entering into similar contracts with any one else of their choice
at any time during the subsistence of this contract.
15.2
MSTC shall
have the right to issue addendum to tender documents to clarify, amend, modify,
supplement or delete any of the conditions, clauses or items stated. Addendum so
issued shall form part of original invitation to tender.
15.3
In case offer
is not accepted the tenderer shall not be entitled to claim any cost, charges,
expenses incidental to or incurred by the tenderers through or in connection
with the submission of the offer even though MSTC may elect to withdraw the
invitation to tender should all invitation to tender be withdrawn or cancelled
by MSTC for which MSTC shall have the right to do so at any time the Earnest
Money paid by the tenderers with the tender will be refunded to them in due
course without interest.
15.4
The tenderers
shall have no right to issue addendum to tender documents to clarify, amend,
supplement or delete any of the conditions, clause or items stated there
in.
15.5
The tenderer
are required to submit their quotations only in the space provided for the
purpose i.e. in "Schedule of Rates/offer sheet" attached with the tender. MSTC/
Owner shall not be responsible for rates quoted by tenderers at any other place
being missed out during tender opening. No representation n this regard shall be
entertained by MSTC/Owner from such tenderers.
15.6
Unless
otherwise specified, all rates and prices in the tender form should be quoted
both in figures and in words. Tender containing over rewritten or revised rates
are liable to be rejected. Should there be any variation between the rates
indicated in figures and words, the higher of the two shall be considered.
However, the decision to accept/reject such offer by MSTC/Owner shall be final
and binding on the tenderer.
15.7
In case of a
tie (same rate quoted by two or more tenderers) in quotations of a particular
lot, the decision to accept/reject any/all of the quotation(s) shall be reserved
with MSTC/Owner.
15.8
The tenderer
shall note that the above general terms and conditions are in additions to the
special terms and conditions of tender which forms an integral part of the
general terms and conditions of the tender in so far as the general terms
conditions of tender may be altered by the special terms and conditions of
tender.
15.9
Intending
tenderer(s) may obtain any clarification before tendering. Submission of tender
implies that the tenderer(s) has obtained all the clarifications required and
that he had agreed to all general terms and conditions herein specified as well
as Special terms and Conditions of tender, if any.
15.10
The decision
of Chairman/Chairman-cum-Managing Director/Managing Director of MSTC Limited of
his authorised nominee in the matter arising out of this sales shall be final in
regard to all matters relating to the contract.
15.11
Before filling
their case in the appropriate courts in Delhi the tenderer/purchaser must ensure
that a proper Registered Notice has been served on MSTC/Owner through their
Advocate giving a minimum of two months time from the date of receipt of such
notice at MSTC/Owner for reply.
15.12
All kinds of
legal proceedings in any matter arising out of the contract shall be triable
only by appropriate Civil Court at Delhi.
15.13
Tenderer(s)
must ensure the following while submitting the tender:
(A)
THAT EVERY
PAGE OF TENDER DOCUMENT IS DULY SIGNED BY THE TENDERER BEFORE SUBMITTING THE
TENDER.
(B)
THAT IN ALL
CASES, RATES QUOTED AGAINST INDIVIDUAL ITEM/LOT IS /ARE INVARIABLY QUOTED IN
FIGURES AS WELL AS IN WORDS.
(C)
THAT ALL
ALTERATION, ERASURE (S) AND/OR OVER-WRITING, IF ANY, IN THE SCHEDULE OF RATES
(S) ARE DULY AUTHENTICATED BY THE TENDERER'S SIGNATURE.
DECLARATION BY THE
TENDERER
1) Total
Earnest Money payable by me/us against all the lots quoted for me/us
is
Rs......................................
2)
The aforesaid amount of Earnest Money is enclosed by me/us with this
tender in the form of Pay Order/Demand Draft bearing No. ..........dated
.......of issuing bank ..................................... payable at New
Delhi in favour of MSTC Ltd.
3)
Tenderer
should declare whether he is a relative of any Director of MSTC/Owner or
Tenderer of a firm in which Director of MSTC/Owner is a partner or tenderer is a
company in which Director of MSTC/Owner or his relatives are member(s) or
Director(s)
4)
We are fully
aware that MSTC is only the selling agent of their disclosed "Principal" who is
the owner of the material put up for sale in this tender.
5)
I/We have
fully understood the above General Terms & Conditions of tender as well as
the Special Terms & Condition attached with the tender which are returned
herewith duly signed by me/us in token of having accepted the same in toto and
I/We have endorsed my/our Signatures herein below all conditions whatsoever
mentioned by me/us which may not be acceptable to you/your principals shall be
deemed to be withdrawn by me/us. Also I/We are fully aware that no grievances
whatsoever shall be entertained by you if our tender/quotation is not accepted/
finalised.
Signature of Tenderer
:
.................
Full Name (in Block Letters) :
.................
.................
Name & Address of
.................
The
Tendering Firm
.................
.................
Telephone Number (Off.)
:
.................
(Res.)
:
.................
Mobile No. :
.................
Customer's Code No.
:
.................
Date
:
.................
MSTC.
LTD.
SCHEDULE OF RATE
(S) (OFFER SHEET)
Tender No. MSTC (D)/T-
ANNEXURE
Opened on ........... Page No.
..................
Rate quoted per unit as mentioned in the list of tendered items excluding
taxes/duties (in Rs.)
|
Lot No.
(1) |
In figures
(2) |
In words
(3) |
Amount of Earnest
Money submitted for lot (in Rs.) |
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Signature of the Tenderer
..........
Name of the Tendering Firm ........
(Contd.)
ANNEXURE
|
Lot No. (1) |
In figures
(2) |
In words
(3) |
Amount of
Earnest Money
submitted for lot (in
Rs.) |
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Total EMD Submitted
:
Rs...............
Signature of Tenderer
:
.................
Full Name (in Block Letters) :
.................
Status/Designation
:
.................
.................
Name
& Address of
The Tendering Firm
.................
.................
.................
Telephone Number (Off.)
:
.................
(Res.)
:
.................
Mobile No. :
.................
Customer's Code No.
:
.................
Date
:
.................
Note: (i) All
columns to be filled up by the tenderer only.
(ii)
Any cutting to be initialed by the tenderer.