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annex

TERMS AND CONDITIONS:-

1. Prices:The unit rates and prices shall be quoted by the bidder entirely in Indian Rupees and therates quoted shall be deemed to include price escalation and all taxes up to completion of

work.

2. The cost of tender documents is non-refundable and the tender shall in no case beaccepted if submitted by any firm other than the purchaser.

3. Any tender found to have been submitted by the firm by furnishing false information tothe department shall be cancelled and the firm shall be penalized as and when it comes to

the notice of the Department even during the currency of the contract.

4. Before quoting, tenderers are requested to visit the site of work.5.Completion Period: The work has to be completed within Fifteen (15) month from thedate of issue of letter of intent or placement of supply orders which ever is earlier.

6. Terms of Payment:On completion of all the contractual obligations and subject to the availability of funds,

the Contractor shall be paid as per details given hereunder:

a. 90% payment shall be released after safe deliver of material, installation andcompletion of work in all respects and after verification by the concerned AEE

thereof.

b. Balance 10% shall be released after successful performance for Six (06) CalendarMonths from the date of successful commissioning of work.

7. SecurityDeposit: The CDR/FDR shall remain as security deposit with the departmentwhich shall be released after post warranty period of the work not less than 06 Months

from the date of completion of equipment.8. Guarantee/warranty: the bidder shall guarantee that the work shall be free from defectsdue to faulty workmanship. In case of any shortcomings the control shall replace it at no

extra cost. The period of the guarantee shall be for Six (06) Months from the date of

completion of work.

9. Performance guarantee: The successful tenderer shall complete all the work to theentire satisfaction of the deptt. The tenderer shall be responsible for satisfactory

performance of the work for a period of Six (06) months from the date of completion of

work.

10.Penalty: In case, the firm fails, declines, neglects or delays the contract or in the event ofany damage occurring or being caused by the firm or in the event of any default or failure

by the firm in complying with any of the terms and conditions of the contract, theGovernment, without prejudice to any other remedy available to it under law in force in

the state shall besides forfeiture of Security Deposit:

a) Terminate the contract after (25) Twenty five days notice and/orb) Recover the amount of losses caused by damages failure or default, as may be

determined by the Government and/or

c) Impose a penalty upto a maximum limit of 10% (ten percent) of the value ofcontract and/or

d) The firm shall be black listed.11.Labour Laws: The successful firm shall observe and strictly adhere to all prevailing

labour laws in inclusive of Contract Labour (Abolition & Regulation) Act of 1970 and

other safety regulations & as amended from time to time.

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12.Safety Measures: The tenderer shall be responsible for all safety measures till handingover of the equipment.

13.Agreement: Successful tenderer shall draw an agreement with the department withinseven days from the date of issue of formal allotment order.

14.Force Majeure clause: If at any time during the execution of the contract either party isunable to perform in whole or in part any obligation under the contract due tocircumstances beyond the control of the parties (like war, acts of public, floods, strikes

etc) reasonable extensions in the completion period may be allowed upon mutual consent

of the parties at no extra cost to the Government.

15.Arbitration: If at any time, any dispute or difference whatsoever shall arise between thecontractor and the government in relation to or in connection with the contract the same

shall be referred to the Arbitration of a person to be appointed by the Government of

Jammu & Kashmir whose decision shall be final and binding upon both the arbitration.

The arbitration shall be within jurisdiction of the J&K State only.

16.Consignee & Payment: The consignee and the payment making authority shall be17.Courts Jurisdiction:-In case of any disputes/differences between contractor and

Department .18.All other terms and conditions are same as laid down in PWD form No. 25 and 33.