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| (A GOVERNMENT OF INDIA ENTERPRISE) |
GENERAL TERMS & CONDITIONS OF TENDER
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| (A GOVERNMENT OF INDIA ENTERPRISE) |
GENERAL TERMS & CONDITIONS OF TENDER
1.0 INTERPRETATION
1.1 MSTC Limited shall be
hereinafter referred to as 'MSTC', and the successful Tenderer shall be
hereinafter referred to as the 'Buyer' or 'Purchaser'/'Tenderer'. The
organisation on whose behalf MSTC will be selling the material as their Selling
Agent, shall be referred to as the 'Principal', who is otherwise the owner and
stock holder of materials to be sold.
1.2
The General Terms & Conditions (hereinafter referred to as 'GTC') are
in addition to the Special Terms & Conditions (hereinafter referred to as
'STC') if any, of the relevant Tender and shall form an integral part of the
Tender in so far as it has not been altered or modified by the STC. In case of
any conflict between any provision of this GTC & STC the provisions of STC
will prevail.
2.0 MODE OF SUBMISSION OF TENDER
2.1
All tenders must be submitted only in prescribed form and in sealed
covers superscribed with the reference number of Tender Enquiry and the date of
Tender opening/closing.
2.2 The Tenderers should enclose inside the sealed cover containing the Tender, all the following documents:
(a) Demand
Draft/Pay Order towards Earnest Money in the manner indicated in the Terms &
Conditions of Tender attached herewith as well as stipulations made
hereunder.
(b) The Special as
well as General Terms & Conditions of Tender, both duly signed by the
Tenderer in token of having accepted the same in toto
(c) Cover page of the
Tender duly filled in and duly
signed Declaration Form.
(d) Schedule of
Rate(s) duly filled in and signed by the Tenderer(s).
(e) Any other
document(s) as may be prescribed in STC.
NOTE
(i) The
person signing the Schedule of Rate(s) will be deemed to be the only authorised
representative of the Tenderer for any or all transactions with MSTC and Principal in connection with this
Tender. For any Transaction of this Tender any other representative, other than the above mentioned
signatory, should have the letter of authorisation issued by the aforesaid
signatory attesting therein the signature of the representative.
(ii) All
rates and prices in the Tender should be quoted both in figures and in words.
Tender(s) containing overwritten or revised rates without being authenticated by
Tenderers signature is/are liable to be rejected. Should there be any variation
between the rates indicated in figure and words the higher of the two shall be
considered.
2.3
No Telex/Telegraphic/Fax/E-mail quotations will be accepted.
2.4
Tenderers sending their tenders by mail/courier/post will do so solely at
their own risk and MSTC will not be responsible for any loss in transit or
postal delay. No tender documents submitted or received after the specified date
and time shall be accepted or be eligible for consideration.
2.5
Tenders which are not complete in all respect and/or not supported by the
documents as mentioned in Clause 2.2 or with qualifying conditions or with
conditions at variance with Special as well as General Terms & Conditions of
Tender, are liable to be rejected.
2.6
Any type of condition and combined offers/quotations/tenders will be
liable to be rejected.
2.7
The rate quoted in all cases should be exclusive of all statutory duties,
levies or taxes.
2.8
In the event of MSTC's Office remaining closed on the day of closing 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 tenderers 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 do 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 decisions and same
shall be binding on all the tenderers.
3.0
EARNEST MONEY DEPOSIT/SECURITY DEPOSIT
3.1
The tender shall be accompanied with Earnest Money Deposit hereinafter
referred to as EMD payable @ not less than 5% (20% in case of defence tenders of
the quoted material value by way of Demand Draft/Pay Order on any scheduled bank
drawn in favour of MSTC Limited and payable at Visakhapatnam. No interest is
payable on EMD.
3.1.1 For the purpose
of calculation of EMD, no taxes or duties need to be counted.
3.2
In case the EMD submitted falls short of the amount arrived at by
calculating the requisite percentage of the aggregate quoted sale value
(excluding taxes and duties) for all the items, lots quoted by a Tenderer,
MSTC at its sole discretion
reserves the right to summarily reject the offer, appropriate the EMD actually
submitted against all those lots for which the Tenderer's offer is highest
(hereinafter mentioned as H-1); or in case EMD submitted falls short, but not
less than 90% of the amount, calculating the requisite percentage of the
aggregate quoted sale value, MSTC at its sole discretion reserves the right to
ask the tenderer to recoup the short fall maximum within 7 (seven) days and upon
failure of the tenderer to do so, forfeit the EMD already paid by the Tenderer
without further reference and also take action with regard to the remaining
offers as may be deemed fit.
3.3
Unless otherwise notified, EMD in any other form for example cheque
(including cheque made 'Good for Payment' by any Bank), Bank Guarantee, Bid
Bonds, Call Deposits, etc. etc. will not be acceptable to MSTC. Similarly, any
request to recoup EMD from Tenderer's pending bills or for adjustment of the
same from previous EMD/Security Deposit (hereinafter called as SD), if any, or
from any other amount lying with MSTC/Principal shall not be entertained.
3.4
In case of unsuccessful Tenderers, the EMD will be refunded after the
expiry of the offer or even earlier at the discretion of MSTC.
3.5 In case Tender is accepted as per payment terms stipulated in the GTC and/or in the STC, the EMD deposited by such Tenderers against each accepted quotation shall be automatically converted into Security Deposit (hereinafter referred to as 'SD') while issuing Sale Acceptance Letters. In case the tender is accepted and the Tenderer(s)/Buyer(s) refuse(s)/fail(s) to make further financial arrangements towards the full value of materials and/or taxes/duties and/or any other financial arrangements as stipulated in these General as well as Special Terms & Conditions of the Tender, the SD obtained on conversion of EMD against the particular accepted lot(s) shall be forfeited without any prejudice to the Rights of MSTC to claim such further damages in this regard without further reference to the Tenderer(s)/Buyer(s). In case, the Tenderer(s) wish(es) to withdraw his offer before the expiry of the validity period of the offer, then the EMD shall be forfeited without further reference to the tenderer.
3.6 No interest is payable by
MSTC on the SD. The SD(s) is/are refundable to the Buyer(s)only on fulfilment of
all contractual obligations of the 'Buyer(s) to the satisfaction of the
Principal whose certificate in this regard by way of issue of 'No Objection
Certificate' (hereinafter referred to as 'NOC') to MSTC with a copy to Buyer,
shall be final and binding on the Buyer(s).
3.6.1 In order to
afford reasonable protection to the interests of the Tenderers, The Tenderers
must legibly indicate in the appropriate space provided for in the tender
Documents, the Banking Account No. and the Name of the Bank and Branch where
such Account is held by the Tenderer, which Information can be used for the
purpose of Refund/Return of any of EMDs/SDs of the Tenderers. MSTC/the Stock
holder shall not be responsible in any way whatsoever for any loss and/or delay
and/or Miscarriage/misplacement of such refund cheque in transit which will
normally be sent to the Tenderer
by Post.
3.6.2 Demand Drafts
Returned to any tenderer can not be used by some other tenderer.
4.0 PAYMENT
4.1
The material value of each
lot accepted along with all taxes and duties must be paid by the buyer(s) as
stipulated in STC/Letter of Acceptance/sale order.
4.2
Wherever the Tenderer is allowed/required to pay the material value in
installments, the payment should be made strictly as prescribed in the STC of
the Tender.
4.3
Tenderers desirous of availing Central/State Sales Tax and/or Excise
Duties concession as per rule must submit the appropriate Central/ State Sales
Tax/Excise Duty Declaration form duly certified by the concerned authority along
with the payment for that instalment/full value, as the case may be, failing
which they must deposit the full amount of Sales Tax/Excise Duty, etc.,
4.4
No payment of Sale Value may be accepted without the payment of due Sales
Tax/Excise Duty and/or submission of Declaration Form, as the case may be.
4.5
The Sale Value including Sales Tax, Duties and other charges applicable
must be paid by Demand Draft/Pay Order drawn on any scheduled Bank as indicated
in the Acceptance Letters/Sale Order/Special Terms of Tender.
5.0 QUALITY AND QUANTITY
5.1
The goods will be sold on "As-is-where-is" and "No Complaint" basis so
far as the physical condition of the same is concerned. The Tenderer(s) will,
therefore, 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 nor any 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 Rates, but no quotation for part quantity of material in any particular lot
will be accepted. Separate Earnest Money shall be payable for each of the lot
quoted for.
5.3
Where the 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 indicated against the
respective lots, is purely indicative and MSTC/Owner shall not entertain any
claim/complaint from the buyer(s) for any deficiency in
quality/quantity/size/dimension or 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
indicated quantity. In case of the actual quantity turning out to be less than
the indicated quantity after due completion of the lifting by the buyer(s), the
buyer(s) shall not be entitled to claim any damages, loss of interest or
compensation or any other account, but shall be entitled to proportionate refund
only.
5.5
Where there are items of more than one classification of any form in any
lot and the tenderer has quoted in lump sum for the entire lot instead of
quoting in units per item, then no refund of any kind shall be entertained by
MSTC/Owners, 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 delivery of materials shall be limited to
tendered quantity only.
5.6 MSTC/OWNER
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 even
after issue of delivery order, without assigning any reason whatsoever.
5.7
MSTC reserves the right to accept or reject the highest tender without
assigning any reason and the contract of any or all 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.
6.0 INSPECTION
6.1
The material 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 issued in favour of any Firm/Company/Individual by
MSTC, at the concerned Works of the owners will not confer any such right on the
person/representative concerned.
6.2
The material quoted for may be inspected at the appropriate site(s) as
indicated in the Schedule of items/Rate(s) and the Tenderer should thoroughly
satisfy themselves about the nature, condition, quantity and quality of the
materials and working conditions. MSTC/Owners give no guarantee or warranty as
to the condition of the material or its quality or its fitness for any specific
purpose or use. It should be clearly understood that no claim/complaint about
the quality, quantity and condition/fitness for use shall be entertained by
MSTC/Owner.
7.0 PERIOD OF CONTRACT
7.1
The period of contract will be as specified in the STC of Tender. Unless
the materials are lifted within the stipulated 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 of the same 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.
7.2
Owner reserves the right to withdraw from sale any materials for own use
even after issuance of delivery order at any point of the contract.
8.0 DEFAULT IN PAYMENT BY THE BUYER
8.1
In case of default in payment within the time limits specified in the STC
of Tender, the due payment may be made together with additional charges @ 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 period of 14 days at MSTC's
sole discretion and in such event the sale of the lot will be automatically
cancelled and the Earnest Money SD (as the case may be) will stand automatically
forfeited in addition to the terms of clause 12 herein after will be
applicable.
9.0 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 STC of Tender, the outstanding material may be
lifted within 14 (fourteen) days from the due date, subject to payment of ground
rent for the period of delay beyond the specified free delivery period.
9.2
In case of goods sold on lot basis, the ground rent will be payable @ 1%
per week or part thereof on the value of the entire lot even if lifted in part,
where as in case of goods sold on unit weight and/or number basis, the ground
rent will be @ 1% on the value of unlifted quantity which, however, shall be at the sole discretion of the owner
not to allow the buyer(s) to lift the material with or without the ground rent
after the expiry of stipulated free delivery period or even within the aforesaid
additional period of 14 (fourteen) 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 be) will automatically stand
forfeited and in addition, the terms of Clause 12 hereinafter will be
applicable.
10.0 SALES TAX, EXCISE DUTIES AND LEVIES
10.1 All taxes
including Sales Tax or other Levies entailing on the transaction under any
provincial, local or central statute in force for the time being or enforced
hereinafter, having its impact on the transaction, will be in tenderers account
and shall be deposited by the tenderer along with cost of the material.
10.2 In the case
of incidence of Central Sales Tax on the transaction, the material 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
material to be purchased by tenderers 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(s).
10.4 Whatever
rate of Excise Duty, Sales Tax, other Levies etc., if any, assessed and
applicable on the date of actual removal/lifting or material shall be paid by
the buyer(s).
10.5 The
buyer(s) will be responsible to comply with provisions of the Central and State
Excise and Sales Act, and the Sales Tax Act of concerned State and the rules
framed thereunder and also by the order or instruction issued in this behalf by
the appropriate authority.
10.6 In the
event of any dispute with regard to Excise Duty and Central Excise Authority
levying additional charges. Such duty/charges shall be payable by the buyer(s).
Any penalty imposed by Excise Authorities for non-observance of excise procedure
by the buyer(s), shall also be borne by them.
11.0
DELIVERY
11.1 The
buyer(s) shall lift the full material 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 STC of Tender or within such time as
may be specified in the Delivery Order. The buyer(s) shall lift the material
only from the lot/site/space as may be earmarked/demarcated 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 hours as may be fixed by the
owner. The buyer(s) can and shall
approach the owner for lifting of material only after fulfilling the provisions
of advance payments and issue of Delivery Order by the competent authority. The
buyers shall follow the owner's procedure for taking the material out. Lifting
in any case is not allowed on Weekly Holidays and Closed Holidays observed by
the owner.
11.2 The
material have to be removed on " As-is-where-is basis" at buyer's own cost. No
processing before removal from owner's premises will be permitted. Certain
processing at the sole discretion of owner may be allowed only for convenient
transportation. However, any/ all equipments like, dozer, gas, power, lifting
equipments etc. required for removal of materials have to be arranged by the
buyer at their own cost and neither the owner nor MSTC will in anyway be
responsible for making any such provision. The use of such equipments in owner's
premises should have prior permission of the owner.
11.3 The
location where the lot or lots of material are normally stacked are one of the
areas of active work of the owner. Under no circumstances shall the operation of
the buyer(s) interrupt/interfere with the normal operation of the owner nor
interfere, obstruct or foul with any of owner's plant/ installation located in
the vicinity of that site.
11.3.1 If any
damage or loss is caused to men, materials or property of the owner or even if
any claim arises either against MSTC or against the owners by reasons of any act
of omission or negligence on the part of the buyer(s) or on the part of their
agents, representatives or employees, MSTC/Owner 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 advances made/to be made by the buyer(s) as Earnest
Money/Security Deposit, as the case may be) without prejudice to MSTC rights to
take further action under the Contract as well as to 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 issue of Gate Passes
for taking the materials out of the owner's premises. The buyer(s) shall use for
the above purpose only such truck/vehicle/crane having "Area Passes" issued by
the owner or by any other statutory authority, if and where such system
prevails.
11.4.1 All the
motor trucks/trailors/cranes and other material handling equipment of the
buyer(s) shall be duly registered, taxes paid properly and otherwise properly
maintained in accordance with Motor Vehicles Act or Rule or any other Act, Rules
in force.
11.4.2
The owner shall allow a reasonable number of the buyer's authorised
representatives/workmen/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 the buyer's
representative. Worker, truck at the sole discretion of the owner without
assigning any reason.
11.5 It shall be
entirely the responsibility of the buyer to ensure that the vehicles are not
driven in so high speed or in a reckless manner as to cause an 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. The buyer(s) will have to fulfil the relevant
provision of safety and security rules of the owner(s) and shall have to be
governed by the rules under Factories Act and any other statutory Act, Law, Rule
prevailing from time to time in respect of themselves and their representatives,
workmen and equipments. The buyer(s) shall provide Safety Equipment and
appliances to their workmen at their own cost.
11.6 The
buyer(s) shall be fully responsible for the acts of their
representatives/workers and shall fully indemnify MSTC and/or Owner for loss or
damages, if any, sustained by MSTC/Owner. The MSTC/Owner will not be responsible
for any 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 to their employees/transport or to any of the
owner's employees or to others or to the owner's property, during the operation
of the buyer(s).
11.7 The buyer
or any of their representatives/workers/agents shall not indulge in any activity
which is directly or indirectly prejudicial to MSTC/ Owner's interest or shall
not commit any acts of misappropriation, pilferage or abetting misappropriation
or pilferage of owner's property, or any attempt thereof, offer or attempt to
offer illegal gratification including offering bribe, reward or advantage etc.
pecuniary or otherwise " to any office or employee of MSTC/Owner(s) indulge in
any malpractice namely, but not limited to forgery, falsification or fabrication
of documents, bills, vouchers, indents, etc. in support of any claim against
MSTC/Owner or any reduction of any liability or in connection with the 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 Centre, 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.
11.9 For
Hazardous Waste defined under the Hazardous Waste (Management & Handling)
Rules, 1989 under the Enviornment (Protection) Act, such materials may be quoted
by only those customers who are registered with Central Pollution Control Board.
The tenderer should have a valid CPCB certificate on the date of opening of the
tender which should remain valid till the date of delivery. Attention of all the
tenderers is invited to Rule 20 of the Hazardous Waste (Management and Handling)
Rules, 1989, in this regard. (Section referring to processing) Sale of Batteries
are covered under Batteries (Management and Handling) Rules 2001 notified under
Enviornment (Protection) Act, 1986. Buyers are advised to produce original
certificate at the time of delivery of endorsement. The tenderer should also
have valid Air, Water and Form-2 certificate from respective State Pollution
Control Boards/UTs.
12.0
TERMINATION OF CONTRACT/RISK PURCHASE .
12.1 In the event of Tenderer's failure to fulfil any of the Tender obligation including non-lifting of the
contractual materials under the Agreement, MSTC's decision in regard to tenderer's failure being final and
binding on the Tenderer. MSTC shall have the full liberty to do any or all of
the following :-
a. Cancel the contract
with immediate effect for the material under the contract not taken delivery of
by the tenderers as on that date in which case, the Security Deposit and the
Earnest Money (as the case may be) shall stand forfeited. AND/OR
b. Retain and/or
adjust/recover from tenderers 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 tenderer either under this Contract or any other
Contract the amount of losses or damages or claim that might be incurred by
MSTC/Owner selling the material under the Contract not taken delivery of at
Tenderers risks and costs.
13.0 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, lock-out, closure,
pestilence, dispute with staff, dislocation of normal working conditions, war,
riots, epidemics, political upheavals, Government actions, civil commotion,
breakdown of machinery, demands or otherwise or any other causes or conditions
beyond the control of aforesaid causes or not and the existence of such cause or
consequences may operate at the sole discretion of MSTC/Owner to extend the time
of performance after the cause of delay will have ceased to exist. The
provisions of aforesaid shall not be limited or abrogated by any other terms of
the contract whether printed or written.
14.0
ARBITRATION
14.1 In the
event of any dispute and/or difference arising between the Tenderer Purchaser
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 Arbitration of
the Chief Executive of the Principal for a Company registered under the
Companies Act, in case of a PSUs, the Head of the Department in case of a Govt.
Department, Ordnance Factory Board Units/Defence Units, who may act himself or
nominate instead any officer subordinate to him or of MSTC being not below the
rank of General Manager/Director in the Govt. Dept. who shall act as the Sole Arbitrator. The provisions of the
Indian Arbitration Act, 1940, and the Rules thereunder shall apply to such
Arbitration. The award passed by such Sole Arbitrator, shall be final and shall
conclusively bind all the parties.
15.0
GENERAL
15.1 It should be noted by the tenderer(s) that by entering
into this contract MSTC/Owner is not precluded from entering into similar
Contracts with anyone 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 theirin, each Addendum so issued shall form a 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, which shall have the right to do 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, clauses or items stated
therein.
15.5 However,
the decision to accept/reject any offer by MSTC/Owner shall be final and binding
on the tenderer.
15.6 The
tenderer should note that the above GTC are in addition to the STC of Tender
which form an integral part of the GTC of Tender in so far as the GTC of Tender
may be altered by the STC of Tender. Tenderers are to submit Income Tax/Sales
Tax clearance certificate on demand by MSTC/Owner.
15.7 Intending
tenderer(s) may obtain any clarification before submission of tender after the
submission of tender it implies that the tenderer(s) has obtained all the
clarifications required and that he has agreed to all GTC herein specified as
well as STC of 'Tender, if any.
15.8 The
decision of Chairman-cum-Managing Director of MSTC Limited or his authorised
nominee in the matter arising out of this sale shall be final in regard to all
matters relating to the Contract.
15.9 All kinds
of legal proceedings in any matter arising out of the Contract shall be tried
only be appropriate Civil Court at Visakhapatnam only.
15.10 Tenderer(s) must
ensure the following while submitting the tender :
THAT EVERY PAGE OF TENDER DOCUMENT IS DULY SIGNED BY THE
TENDERER BEFORE SUBMITTING THE TENDER.
15.11 Unless otherwise stipulated against any particular
item/material/lot put up for sale in the tender documents, the materials shall
not be exported by the buyer outside the territory of India and the buyer shall
have to submit an Undertaking to this effect to MSTC; such Undertaking will be
in favour of the President of India and will have to be submitted with MSTC
along with the payment towards material value as per Clause of the STC of
Tender. In case of any failure on the part of the buyer to submit such an
Undertaking within the stipulated time, the sale will be deemed not to have been
accepted by the Stock-holder/MSTC and the sale will stand automatically
cancelled without any further reference to the party.
15.12 Tenderer should state whether he is a relative of any
Director of MSTC/Owner, or Tenderer is a Firm in which Director of MSTC or his
relatives are members or Director(s).
DECLARATION BY THE TENDERER
1. Total Earnest Money payable by me/us against all the lots quoted by 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
Visakhapatnam only in favour of MSTC Limited.
3. I/We have
fully understood the above General Terms & Conditions of Tender as well as
the Special Terms & Conditions 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 made my/our offer keeping in
view these terms & conditions. I/We fully agree that once I/We have
endorsed my/our signatures herein below all conditions whatsoever in whatever
way mentioned by me/us which may not be acceptable to you/your Principals shall
be deemed to be withdrawn by me/us and am/are fully aware that no grievance
whatsoever shall be entertained by you, if your tender/quotation is
accepted/finalised.
SIGNATURE OF THE TENDERER
FULL NAME OF THE TENDERER
(SIGNATORY)........................................................................................................
STATUS.........................................................................
NAME & ADDRESS OF TENDERING
FIRM........................................................................................................................................................
................................................................................................................
PIN :.........................
PHONE NO.........................................Fax No.............................................
MOBILE NO.....................................E-MAIL ADDRESS..................................................
DATE & OFFICIAL RUBBER STAMP
Name of Bank............................. Branch..................................................................
A/c No........................................Where tenderer(s) is/are having A/c.