gail specs

7/27/2019 Gail Specs

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Dear Sir(s)/Madam,

GAIL (India) Ltd. invites you to submit your offer in sealed envelope, superscribing RFQ No. & Due date

for the following item(s) in complete accordance with enquiry documents/attachments:

RFQ No. :GAIL/MU/08/27

/3200047387/PR20020318

Date:26.09.2008

RFQ Due on : 16.10.2008 at 14:00 Hrs IST

Tender Opening Date : 16.10.2008 at 15.00 Hrs IST

To,

GAIL WEBSITE VENDOR,

India

Vendor Code : 101019938

Sl. No MatCode UOM QTY Unit Price

Description (in figures & words)

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Group : 1ADDITIONAL REQUIREMENTS:

FIRE & EXPLOSIVE PROOF

SAFETY TORCH / FLASH STICK

SUPPLEMENTARY REQUIREMENTS:

1 9544420403 EACH 15 ________

SAFETY TORCH,FLAMEPROOF,

SAFETY TORCH,FLAMEPROOF

REQUEST FOR QUOTATION


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RFQ No:GAIL/MU/08/27 /3200047387/PR20020318

Date: 26.09.2008

REQUEST FOR QUOTATION (Cont.)

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Specification for Flame proof safety torch

1. Safety torch should be made from polypropylene material.

2. Safety torch should have powerful indestructible flashlight with an unbreakable corrosion

proof body and hi-impact polycarbonate lens.

3. It should give good bright white beam, which can cut through water, smoke, fog and rain,

making it a perfect light source for all applications.

4. It should be powerful for use incase of industrial maintenance and fire applications.

5. It should be light weight and attachable to any work helmet

6. The safety torches like Wolf, Pelican or any equivalent brand (matching to this specification

only) may be acceptable.

7. The torch shall be provided with rechargeable cells and charger unit with all accessories.

8. The Rechargeable torch should have one handed on/off locking switch plus a heavy-dutylanyard.

9. The safety torch shall be provided with leak proof batteries like NiCad Battery Pack or 4

Alkaline 'AA' Cells.

10. The safety torch should be able to work for minimum 1-2 hours with battery pack and 5-6

hours with alkaline cells.

11. The safety torches shall be of yellow colour and easy to identify in case of darkness.

12. Safety torch must be suitable for use in the hazardous location and duly approved

13. The body of the hand lamp shall be anti-static, water proof, ignition protected and shall be

safe for use in flammable hydrocarbon environment

14. The torch must be light weight.

15. Lens ring should be made from polypropylene.

16. Safety torch should be provided with unbreakable lens reflector.

17. Contact strip and spring should be made from good quality tin steel and brass respectively.

18. Torch must be provided with hanging arrangement.

19. The torch cell must be rechargeable and charger with all accessories must be provided.

20. Torch must be DGMS, CCE approved and UL listed.

21. Approvals/ certificates

The following approvals / certificates, as applicable, shall be submitted at the time of tendering /

supply: -

i. Test Certificate from manufacturer

ii. Authorised Indian distributor certificate to be produced in case of imported item.

iii. Guarantee certificate for at least 12 months from the date of acceptance of the material by

GAIL.

iv. Certificate in respect of, safe for use in flammable hydrocarbon environment (Zone 1 & Zone

2), flame proof.v. Approval copy of DGMS / CCE

vi. Certificate of UL listing.

22. Torch should be supplied with full battery cells leak proof.

23. Spares bulbs of torch to be provided (At least two), one front glass and rubber spare along

with each torch.

24. Quantity of the torch: 15

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____________________________________________________________

RFQ No:GAIL/MU/08/27 /3200047387/PR20020318

Date: 26.09.2008


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EMD Details : Not applicable

Instruction to Bidders : Materials supplied by the vendor should be ISI Mark.

Please quote your offer as per specification.

Please mention your e banking number to enable us to make e payment, for the following any bank only.

HDFC/ICICI/SBI

Kindly submit your offer to the following address:

GAIL (INDIA) LTD

Priyadarshini Building,

B Wing, 7th Floor,

Eastern Express Highway,

Mumbai-400 022.

Price Basis : FOT GAIL, Mumbai

Inclusive of all taxes & duties.

Delivery/Completion Schedule: Materials to be delivered within 15 days

from the date of issue of Purchase Order

Terms of delivery : FOT GAIL, Mumbai

Consignee Address : GAIL(INDIA)LTD,

Priyadarshini Building,

B Wing, 7th Floor,

Eastern Express Highway,

Mumbai-400 022

Terms of payment : Payment shall be made within 30 days

after receipt & acceptance of materials.

Warranties : As stipulated in GCC

Price Reduction Schedule : As stipulated in GCC


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____________________________________________________________

RFQ No:GAIL/MU/08/27 /3200047387/PR20020318

Date: 26.09.2008


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Performance Bank Guarantee :Not applicable

General Conditions of Contract : Enclosed.

Important :

1. Percentage of Taxes, Duties, P&F, Freight charges etc. of quoted basic price should be clearly mentioned

in the quotation.

2. Please go through the General Purchase Conditions (GPC) enclosed as Annexure. Deviations to GPC

shall liable for rejection of your offer.3. Please submit Catalogue/Specification Details, Test Certificates/Traceability Certificate for accuracy

along with your quotation.

Yours truly,

For and on behalf of

GAIL ( India ) Ltd.

(Authorized signatory)


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Delivery Schedule ................................................

Offer validity for: 90 days/120 days/180 days

Payment Terms ......................................................

____________________________________________________________

Format for Details of Terms & Conditions to be Filled By Vendor

Price Basis: Ex-Works..............................

FOT Site of Plant..................

Offer Ref . & Date .................................................

Telephone No ........................................................

Fax No. ................................................................

E-Mail ....................................................................

1. Discount % on basic Unit price, if any .........................................................................................................

...........................................................................................................................................................................

2. Packing & Forwarding, if applicable.............................................................................................................

...........................................................................................................................................................................

3. Excise Duty % (if applicable).......................................................................................................................

...........................................................................................................................................................................

4. LST/CST (with/without concessional Form), if applicable

...........................................................................................................................................................................

5. Freight, if applicable ...................................................................................................................................

...........................................................................................................................................................................

6. Other Charges, if any.....................................................................................................................................

...........................................................................................................................................................................

Signature of Vendor with Office Seal


RFQ No.:GAIL/MU/08/27 /3200047387/PR20020318

Date:26.09.2008


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General Conditions of Contract (Goods)

1. Definitions In this document, General Conditions of Contract (GCC-Goods),the following terms shall have the following respectivemeanings:

1.0 BIDDER : Designates the individual or legal entity which

has made a proposal, a tender or a bid with the aim ofconcluding a Contract with the PURCHASER.

1.1 CONSULTANT [if engaged] shall mean M/s.having its registered office at.The term consultant includes successors, assigns ofM/s. .

1.2 CONTRACT shall mean Purchase Order/Contract andall attached exhibits and documents referred to thereinand all terms and conditions thereof together with anysubsequent modifications thereto.

1.3 CONTRACT PRICE shall mean the price payable to theSeller under the Contract for the full and properperformance of his contractual obligations.

1.4 COMPLETION DATE shall mean the date on which thegoods are successfully commissioned by the Seller andhanded over to the PURCHASER.

1.5 COMMERCIAL OPERATION shall mean the conditionof the operation in which the complete equipmentcovered under the Contract is officially declared by thePURCHASER to be available for continuous operationat different loads up to and including rated capacity.

1.6 DELIVERY terms shall be interpreted as per INCOTERMS 2000 in case of Contract with a foreign Bidderand as the date of LR/GR in the case of a contract withan Indian Bidder.

1.7 DRAWINGS shall mean and include Engineeringdrawings, sketches showing plans, sections andelevations in relation to the Contract together withmodifications and/or revisions thereto.

1.8 ENGINEER or Engineer-in-Charge of the Project SITEshall mean the person designated from time to time byPURCHASER/CONSULTANT at SITE and shall includethose who are expressly authorized by him to act forand on his behalf for operation of this CONTRACT.

1.9 FINAL ACCEPTANCE shall mean the PURCHASERswritten acceptance of the Works performed under theContract after successful completion of performanceand guarantee test.

1.10 GOODS shall mean articles, materials, equipment,design and drawings, data and other property to besupplied by Seller to complete the contract.

1.11 INSPECTOR shall mean any person or outside Agencynominated by PURCHASER/CONSULTANT through

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CONSULTANT to inspect equipment, stagewise as wellas final, before dispatch, at SELLERs works and onreceipt at SITE as per terms of the CONTRACT.

1.12 INITIAL OPERATION shall mean the first integral

operation of the complete equipment covered under theContract with sub-systems and supporting equipment inservice or available for service.

1.13 PURCHASER shall mean GAIL (INDIA) LIMITED(GAIL) having its registered office at 16, BHIKAIJICAMA PLACE, R.K.PURAM, NEW DELHI-110066(INDIA). The term PURCHASER includes successors,assigns of GAIL.

1.14 PERFORMANCE AND GUARANTEE TESTS shallmean all operational checks and tests required todetermine and demonstrate capacity, efficiency andoperating characteristics as specified in the Contractdocuments.

PROJECT designates the aggregate of the Goodsand/or Services to be provided by one or moreContractors.

Quantities Bills of quantities

Bills of quantities

Designate the quantity calculations to be taken intoaccount when these calculations are made from

detailed or construction drawings, or from work actuallyperformed, and presented according to a jointly agreedbreakdown of the Goods and/or Services.

1.15 SELLER shall mean the person, firm or company withwhom PURCHASE ORDER/CONTRACT is placed/entered into by PURCHASER for supply of equipment,materials and services. The term Seller includes itssuccessors and assigns.

1.16 SERVICE shall mean erection, installation, testing,commissioning, provision of technical assistance,training and other such obligations of the Seller covered

under the Contract.

1.17 SITE designates the land and/or any other premises on,under, in or across which the Goods and/or Serviceshave to be supplied, erected, assembled, adjusted,arranged and/or commissioned.

1.18 SPECIFICATIONS shall mean and include schedules,details, description, statement of technical data,performance characteristics, standards (Indian as wellas International) as applicable and specified in theContract.

1.19 SUB-CONTRACT shall mean order placed by theSeller, for any portion of the contracted work, afternecessary consent and approval of PURCHASER.

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1.20 SUB-CONTRACTOR shall mean the person named inthe CONTRACT for any part of the work or any personto whom any part of the CONTRACT has been sub-letby the SELLER with the consent in writing of the

CONSULTANT/PURCHASER and will include the legalrepresentatives, successors, and permitted assigns ofsuch person.

1.21 START-UP shall mean the time period required to bringthe equipments covered under the Contract from aninactive condition, when construction is essentiallycomplete to the state of readiness for trial operation.The start-up period shall include preliminary inspectionand check out of equipment and supportingsubsystems, initial operation of the completeequipments covered under the Contract to obtainnecessary pre-trial operation data, perform calibrationand corrective action, shutdown inspection andadjustment prior to the trial operation period.

1.22 TESTS shall mean such process or processes to becarried out by the Seller as are prescribed in theContract or considered necessary by PURCHASER orhis representative in order to ascertain quality,workmanship, performance and efficiency of equipmentor part thereof.

1.23 TESTS ON COMPLETION shall mean such tests asprescribed in the Contract to be performed by theSeller before the Works are taken over by thePURCHASER.

2. Seller To Inform 2.1 The Seller shall be deemed to have carefully examinedall contract documents to his entire satisfaction. Anylack of information shall not in any way relieve the Sellerof his responsibility to fulfill his obligation under theContract.

3. Application 3.1 These General Conditions of Contract (GCC-Goods)shall apply to the extent that they are not superseded byprovisions of other parts of the Contract.

4. Country of Origin 4.1 For purposes of this Clause origin means the placewhere the Goods were mined, grown or produced, orfrom which the services are supplied. Goods areproduced when, through manufacturing, processing orsubstantial and major assembling of components, acommercially recognized new product results that issubstantially different in basic characteristics or inpurpose or utility from its components.

5. Scope of Contract 5.1 Scope of the CONTRACT shall be as defined in thePURCHASE ORDER/CONTRACT specifications,drawings and Annexure thereto.

5.2 Completeness of the EQUIPMENT shall be theresponsibility of the SELLER. Any equipment, fittingsand accessories which may not be specifically

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mentioned in the specifications or drawings, but whichare usual or necessary for the satisfactory functioning ofthe equipment (successful operation and functioning ofthe EQUIPMENT being SELLERs responsibility) shallbe provided by SELLER without any extra cost.

5.3 The SELLER shall follow the best modern practices inthe manufacture of high grade EQUIPMENTnotwithstanding any omission in the specifications. Thetrue intent and meaning of these documents is thatSELLER shall in all respects, design, engineer,manufacture and supply the equipment in a thoroughworkmanlike manner and supply the same in prescribedtime to the entire satisfaction of PURCHASER.

5.4 The SELLER shall furnish twelve (12) copies in Englishlanguage of Technical documents, final drawings,preservation instructions, operation and maintenancemanuals, test certificates, spare parts catalogues for allequipments to the PURCHASER.

5.5 The documents once submitted by the SELLER shall befirm and final and not subject to subsequent changes.The SELLER shall be responsible for any loss to thePURCHASER/CONSULTANT consequent to furnishingof incorrect data/drawings.

5.6 All dimensions and weight should be in metric system.

5.7 All equipment to be supplied and work to be carried outunder the CONTRACT shall conform to and comply withthe provisions of relevant regulations/Acts(StateGovernment or Central Government) as may beapplicable to the type of equipment/work carried out andnecessary certificates shall be furnished.

5.8 The Seller shall provide cross sectional drawings,wherever applicable, to identify the spare part numbersand their location. The size of bearings, their make andnumber shall be furnished.

5.9 Specifications, design and drawings issued to theSELLER alongwith RFQ and CONTRACT are not soldor given but loaned. These remain property ofPURCHASER/CONSULTANT or its assigns and aresubject to recall by PURCHASER/CONSULTANT. TheSELLER and his employees shall not make use of thedrawings, specifications and technical information forany purpose at any time except for manufacture againstthe CONTRACT and shall not disclose the same to anyperson, firm or corporate body, without writtenpermission of PURCHASER/CONSULTANT. All suchdetails shall be kept confidential.

5.10 SELLER shall pack, protect, mark and arrange for

despatch of EQUIPMENT as per instructions given inthe CONTRACT.

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6. Standards 6.1 The GOODS supplied under the CONTRACT shallconform to the standards mentioned in the TechnicalSpecifications, or such other standards which ensureequal or higher quality, and when no applicablestandard is mentioned, to the authoritative standard

appropriate to the GOODS country of origin and suchstandards shall be the latest issued by the concernedinstitution.

7. Instructions,Direction &Correspondence

7.1 The materials described in the CONTRACT are to besupplied according to the standards, data sheets,tables, specifications and drawings attached theretoand/or enclosed with the CONTRACT, itself andaccording to all conditions, both general and specificenclosed with the contract, unless any or all of themhave been modified or cancelled in writing as a whole orin part.a. All instructions and orders to SELLER shall,

excepting what is herein provided, be given byPURCHASER/CONSULTANT.

b. All the work shall be carried out under the directionof and to the satisfaction ofPURCHASER/CONSULTANT.

c. All communications including technical/commercialclarifications and/or comments shall be addressedto CONSULTANT in quintuplicate with a copy toPURCHASER and shall always bear reference tothe CONTRACT.

d. Invoices for payment against CONTRACT shall beaddressed to PURCHASER.

e. The CONTRACT number shall be shown on allinvoices, communications, packing lists, containersand bills of lading, etc.

8. Contract Obligations 8.1 If after award of the contract, the Seller does notacknowledge the receipt of award or fails to furnish theperformance guarantee within the prescribed time limit,the PURCHASER reserves the right to cancel thecontract and apply all remedies available to him underthe terms and conditions of this contract.

8.2 Once a contract is confirmed and signed, the terms andconditions contained therein shall take precedence overthe Sellers bid and all previous correspondence.

9. Modification In Contract 9.1 All modifications leading to changes in the CONTRACTwith respect to technical and/or commercial aspectsincluding terms of delivery, shall be considered validonly when accepted in writing byPURCHASER/CONSULTANT by issuing amendment tothe CONTRACT. Issuance of acceptance or otherwisein such cases shall not be any ground for extension ofagreed delivery date and also shall not affect theperformance of contract in any manner except to theextent mutually agreed through a modification ofcontract.

9.2 PURCHASER/CONSULTANT shall not be bound by

any printed conditions or provisions in the SELLERsBid Forms or acknowledgment of CONTRACT, invoices,packing list and other documents which purport to

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impose any conditions at variance with or supplementalto CONTRACT.

10. Use of ContractDocuments &

Information

10.1 The Seller shall not, without the PURCHASERs/CONSULTANTs prior written consent, disclose the

CONTRACT or any provision thereof, or anyspecification, plan, drawing, pattern, sample orinformation furnished by or on behalf of thePURCHASER in connection therewith, to any personother than a person employed by the SELLER in theperformance of the CONTRACT. Disclosure to any suchemployed person shall be made in confidence and shallextend only so far as may be necessary for purpose ofsuch performance.

10.1 The SELLER shall not, without the PURCHASERs priorwritten consent, make use of any document orinformation enumerated in Article 10.1. except forpurpose of performing the CONTRACT.

11. Patent Rights ,Liability &Compliance ofRegulations

11.1 SELLER hereby warrants that the use or sale of thematerials delivered hereunder will not infringe claims ofany patent covering such material and SELLER agreesto be responsible for and to defend at his sole expenseall suits and proceedings against PURCHASER basedon any such alleged patent infringement and to pay allcosts, expenses and damages which PURCHASERand/or CONSULTANT may have to pay or incur byreason of any such suit or proceedings.

11.2 The SELLER shall indemnify the PURCHASER againstall third party claims of infringement of patent, trademark or industrial design rights arising from use of theGOODS or any part thereof in the PURCHASERscountry.

11.3 SELLER shall also protect and fully indemnify thePURCHASER from any claims from SELLERSworkmen/employees or their heirs, dependants,representatives, etc. or from any other person/personsor bodies/companies etc. for any acts of commissions oromission while executing the CONTRACT.

11.4 SELLER shall be responsible for compliance with allrequirements under the laws and shall protect andindemnify completely the PURCHASER from anyclaims/penalties arising out of any infringements.

12. PerformanceGuarantee

12.1 Within 15 days after the SELLERs receipt of notificationof award of the CONTRACT, the SELLER shall furnishPerformance Guarantee in the form of BankGuarantee/irrevocable Letter of Credit to thePURCHASER, in the form provided in the BiddingDocuments, for an amount equivalent to 10% of thetotal value of the CONTRACT.

12.2 The proceeds of Performance Guarantee shall be

appropriated by the PURCHASER as compensation forany loss resulting from the SELLERs failure tocomplete his obligations under the CONTRACT without

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prejudice to any of the rights or remedies thePURCHASER may be entitled to as per terms andconditions of CONTRACT. The proceeds of thisPerformance Guarantee shall also govern thesuccessful performance of Goods and Services during

the entire period of Contractual Warrantee/Guarantee.

12.3 The performance guarantee shall be denominated inthe currency of the CONTRACT.

12.4 The Performance Guarantee shall be valid for theduration of 90 days beyond the expiry ofWarrantee/Guarantee period. The Bank Guarantee willbe discharged by PURCHASER not later than 6 monthsfrom the date of expiration of the Sellers entireobligations, including any warrantee obligations, underthe CONTRACT.

13. Inspection,Testing & Expediting

13.1 The PURCHASER or its representative shall have theright to inspect and/or to test the GOODS to confirmtheir conformity to the CONTRACT specifications. Thespecial conditions of CONTRACT and/or the TechnicalSpecifications shall specify what inspections and teststhe PURCHASER requires and where they are to beconducted. The PURCHASER shall notify the SELLERin writing the identity of any representative(s) retainedfor these purposes.

13.2 The inspections and tests may be conducted on thepremises of the SELLER or his sub-contractor(s), atpoint of DELIVERY and/or at the GOODS finaldestination, When conducted on the premises of theSELLER or his sub-contractor (s), all reasonablefacilities and assistance including access to thedrawings and production data shall be furnished to theinspectors at no charge to the PURCHASER.

13.3 Should any inspected or tested GOODS fail to conformto the specifications, the PURCHASER may reject themand the SELLER shall either replace the rejectedGOODS or make all alterations necessary to meetSpecifications requirements, free of cost to thePURCHASER.

13.4 The PURCHASERs right to inspect, test and wherenecessary reject the GOODS after the GOODS arrivalin the PURCHASERs country shall in no way be limitedor waived by reason of the GOODS having previouslybeen inspected, tested and passed by thePURCHASER, or their representative prior to theGOODS shipment from the country of origin.

13.5 The INSPECTOR shall follow the progress of themanufacture of the GOODS under the CONTRACT toensure that the requirements outlined in theCONTRACT are not being deviated with respect to

schedule and quality.

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13.6 SELLER shall allow the INSPECTOR to visit, duringworking hours, the workshops relevant for execution ofthe CONTRACT during the entire period of CONTRACTvalidity.

13.7 In order to enable PURCHASERs representatives toobtain entry visas in time, SELLER shall notifyPURCHASER two months before assembly, testing andpacking of main EQUIPMENT. If requested, SELLERshall assist PURCHASERs representatives in gettingvisas in the shortest possible time (applicable only incase of foreign order).

13.8 SELLER shall place at the disposal of the INSPECTOR,free of charge, all tools, instruments, and otherapparatus necessary for the inspection and/or testing ofthe GOODS. The INSPECTOR is entitled to prohibit theuse and dispatch of GOODS and/or materials whichhave failed to comply with the characteristics requiredfor the GOODS during tests and inspections.

13.9 SELLER shall advise in writing of any delay in theinspection program at the earliest, describing in detailthe reasons for delay and the proposed correctiveaction.

13.10 ALL TESTS and trials in general, including those to becarried out for materials not manufactured by SELLERshall be witnessed by the INSPECTOR. Therefore,SELLER shall confirm to PURCHASER by fax or e-mailabout the exact date of inspection with at least 30 daysnotice. SELLER shall specify the GOODS andquantities ready for testing and indicate whether apreliminary or final test is to be carried out.

13.11 If on receipt of this notice, PURCHASER should waivethe right to witness the test, timely information willbe given accordingly.

13.12 Any and all expenses incurred in connection with tests,preparation of reports and analysis made by qualifiedlaboratories, necessary technical documents, testingdocuments and drawings shall be at SELLERs cost.The technical documents shall include the referenceand numbers of the standards used in the constructionand, wherever deemed practical by the INSPECTOR,copy of such standards.

13.13 Nothing in Article-13 shall in any way release theSELLER from any warrantee or other obligations underthis CONTRACT.

13.14 Arrangements for all inspections required by IndianStatutory Authorities and as specified in technicalspecifications shall be made by SELLER.

13.15 Inspection & Rejection of Materials by consigneesWhen materials are rejected by the consignee, thesupplier shall be intimated with the details of such

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rejected materials, as well as the reasons for theirrejection, also giving location where such materials arelying at the risk and cost of the contractor/supplier. Thesupplier will be called upon either to remove thematerials or to give instructions as to their disposal

within 14 days and in the case of dangerous, infectedand perishable materials within 48 hours, failing whichthe consignee will either return the materials to thecontractor freight to pay or otherwise dispose them offat the contractors risk and cost. The PURCHASERshall also be entitled to recover handling and storagecharges for the period, during which the rejectedmaterials are not removed @ 5% of the value ofmaterials for each month or part of a month till therejected materials are finally disposed off.

14. Time Schedule &Progress Reporting

14.1 Time Schedule Network/Bar Chart

14.1.1 Together with the Contract confirmation, SELLER shallsubmit to PURCHASER, his time schedule regardingthe documentation, manufacture, testing, supply,erection and commissioning of the GOODS.

14.1.2 The time schedule will be in the form of a network or abar chart clearly indicating all main or key eventsregarding documentation, supply of raw materials,manufacturing, testing, delivery, erection andcommissioning.

14.1.3 The original issue and subsequent revisions ofSELLERs time schedule shall be sent toPURCHASER.

14.1.4 The time schedule network/bar chart shall be updatedat least every second month.

14.2 Progress Trend Chart/Monthly Report

14.2.1 SELLER shall report monthly to PURCHASER, on theprogress of the execution of CONTRACT andachievement of targets set out in time bar chart.

14.2.2 The progress will be expressed in percentages asshown in the progress trend chart attached to the TimeSchedule specification.

14.2.3 The first issue of the Progress Trend Chart will beforwarded together with the time bar chart alongwithCONTRACT confirmation.

14.3.1 PURCHASERs/CONSULTANTs representatives shallhave the right to inspect SELLERs premises with aview to evaluating the actual progress of work on thebasis of SELLERs time schedule documentation.

14.3.2 Irrespective of such inspection, SELLER shall advise

CONSULTANT, with copy to PURCHASER, at theearliest possible date of any anticipated delay in theprogress.

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14.4 Notwithstanding the above, in case progress on theexecution of contract at various stages is not as perphased time schedule and is not satisfactory in theopinion of the PURCHASER/CONSULTANT which shallbe conclusive or SELLER shall neglect to execute the

CONTRACT with due diligence and expedition or shallcontravene the provisions of the CONTRACT,PURCHASER/CONSULTANT may give notice of thesame in writing to the SELLER calling upon him tomake good the failure, neglect or contraventioncomplained of. Should SELLER fail to comply with suchnotice within the period considered reasonable byPURCHASER/CONSULTANT, the PURCHASER/CONSULTANT shall have the option and be at liberty totake the CONTRACT wholly or in part out of theSELLERs hand and make alternative arrangements toobtain the requirements and completion of CONTRACTat the SELLERs risk and cost and recover from theSELLER, all extra cost incurred by the PURCHASER onthis account. In such event PURCHASER/CONSULTANT shall not be responsible for any loss thatthe SELLER may incur and SELLER shall not beentitled to any gain. PURCHASER/CONSULTANTshall, in addition, have the right to encash PerformanceGuarantee in full or part.

15. Delivery &Documents

15.1 Delivery of the GOODS shall be made by the SELLERin accordance with terms specified in the CONTRACT,and the goods shall remain at the risk of the SELLERuntil delivery has been completed.

15.2 Delivery shall be deemed to have been made :

a) In the case of FOB, CFR & CIF Contracts, whenthe Goods have been put on board the ship, at thespecified port of loading and a clean Bill of Ladingis obtained. The date of Bill of Lading shall beconsidered as the delivery date.

b) In case of FOT despatch point contract (For Indianbidder), on evidence that the goods have beenloaded on the carrier and a negotiable copy of theGOODS receipt obtained. The date of LR/GRshall be considered as the date of delivery.

c) In case of FOT site (for Indian bidders) on receiptof goods by PURCHASER/Consultant at thedesignated site(s).

15.3 The delivery terms are binding and essential andconsequently, no delay is allowed without the writtenapproval of PURCHASER/CONSULTANT. Any requestconcerning delay will be void unless accepted byPURCHASER/CONSULTANT through a modification tothe CONTRACT.

15.4 Delivery time shall include time for submission ofdrawings for approval, incorporation of comments, ifany, and final approval of drawings by PURCHASER/

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CONSULTANT.

15.5 In the event of delay in delivery, Price ReductionSchedule as stipulated in Article 26 shall apply.

15.6 The documentation, in English Language, shall bedelivered in due time, in proper form and in the requirednumber of copies as specified in the contract.

15.7 The additional copies of final drawings and instructionswill be included in the package of goods, properlyenveloped and protected.

15.8 The SELLER should comply with the Packing, Markingand Shipping Documentation Specifications enclosed.

16. Transit RiskInsurance

16.1 All goods supplied under the contract shall be fullyinsured in a freely convertible currency against loss ordamage incidental to manufacture or acquisition,transportation, storage and delivery.

16.2 Where delivery is on FOB or CFR basis, marineinsurance shall be the responsibility of the Purchaser.Insurance Requirements :

Indigenous Bidders : Transit risk insurance fromF.O.T. despatch point onwardsshall be arranged and borne byGAIL.

Foreign Bidders : Marine insurance as well astransit insurance in Purchaserscountry shall be arranged andborne by GAIL.

The SELLER shall ensure that in effecting despatch ofmaterials, the primary responsibility of the carriers forsafe movement is always retained so that thePURCHASERs interests are fully safeguarded and arein no way jeopardised. The Seller shall furnish the costof materials against each equipment.

16.2 PURCHASERs Insurance Agent :

[The name and address-as mentioned under SCC]

17. Transportation 17.1 Where the SELLER is required under the CONTRACTto deliver the GOODS FOB, transport of the GOODSuntil delivery, that is, upto and including the point ofputting the GOODS on board the export conveyance atthe specified port of loading, shall be arranged and paidfor by the SELLER and the cost thereof shall beincluded in the Contract price.

17.2 Where the SELLER is required under the CONTRACTto deliver the GOODS CFR or CIF, transport of the

Goods to the port of discharge or such other point in thecountry of destination as shall be specified in theCONTRACT shall be arranged and paid for by the

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SELLER and the cost thereof shall be included in theContract price.

18. IncidentalServices

18.1 The Seller may be required to provide any or all of thefollowing services:

18.1.1 Performance or supervision of onsite assembly and/orstart-up of the supplied Goods:

18.1.2 Furnishing tools required for assembly and/ormaintenance of the supplied Goods:

18.1.3 Performance or supervision or maintenance and/orrepair of the supplied Goods, for a period of time agreedby the parties, provided that this service shall not relievethe Seller of any warrantee/guarantee obligations underthe Contract.

18.1.4 Training of the Purchasers personnel at the Sellersplant and/or at Site, in assembly, start-up operation,maintenance and/or repair of the supplied Goods at noextra cost. However, Purchaser will bear boarding,lodging & personal expenses of Trainees.

18.2 Prices charged by the Seller for the preceding incidentalservices, shall not exceed the prevailing rates charged toother parties by the Seller for similar services.

18.3 When required, Seller shall depute necessary personnelfor supervision and/or erection of the Equipment at sitefor duration to be specified by Purchaser on mutuallyagreed terms. Sellers personnel shall be available atSite within seven days for emergency action and twenty-

one days for medium and long-term assistance, from thedate of notice given by Purchaser.

18.4 The cost of incidental services shall not be included inthe quoted prices. The cost of applicable incidentalservices should be shown separately in the priceschedules.

19. Spare Parts,Maintenance Tools ,Lubricants

19.1 Seller may be required to provide any or all of thefollowing materials and notification pertaining to spareparts manufactured or distributed by the Seller.

19.1.1 Such spare parts as the Purchaser may opt to purchasefrom the Seller, provided that his option shall not relieve

the Seller of any warrantee obligations under theContract, and

19.1.2 In the event of termination of production of the spareparts:

i) Advance notification to the Purchaser of the pendingtermination, in sufficient time to permit the Purchaserto procure needed requirements, and

ii) Following such termination, furnishing at no cost tothe Purchaser, the blue prints, drawings andspecifications of the spare parts, if any whenrequested.

19.2 Seller shall supply item wise list with value of each itemof spare parts and maintenance tools requirements,

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along with full details of manufacturers/vendors for suchspares/maintenance tools for :

19.2.1 The construction, execution and commissioning.

19.2.2 Two years operation and maintenance.

19.3 Spare parts shall be new and of first class quality as perengineering standards/ codes, free of any defects (evenconcealed), deficiency in design, materials andworkmanship and also shall be completelyinterchangeable with the corresponding parts.

19.4 Type and sizes of bearings shall be clearly indicated.

19.5 Spare parts shall be packed for long storage undertropical climatic conditions in suitable cases, clearlymarked as to intended purpose.

19.6 A list of special tools and gauges required for normalmaintenance and special handling and lifting appliances,if any, for the Goods shall be submitted to Purchaser.

19.7 Bidders should note that if they do not comply withClause 19.2 above, their quotation may be rejected.

19.8 Lubricants

19.8.1 Whenever lubricants are required, Seller shall indicatethe quantity of lubricants required for the first filling, thefrequency of changing, the quantity of lubricantsrequired for the one years continuous operation and thetypes of recommended lubricants indicating thecommercial name (trade-mark), quality and grade.

19.8.2 If Seller is unable to recommend specific oil, basicrecommended characteristics of the lubricants shall begiven.

19.8.3 Seller shall indicate various equivalent lubricantsavailable in India.

20. Guarantee 20.1 All Goods or Materials shall be supplied strictly inaccordance with the specifications, drawings, datasheets, other attachments and conditions stated in theContract.

No deviation from such specifications or alterations or ofthese conditions shall be made without PURCHASERS/CONSULTANTS agreement in writing which must beobtained before any work against the order iscommenced. All materials supplied by the SELLERpursuant to the Contract (irrespective of whetherengineering, design data or other information has beenfurnished, reviewed or approved byPURCHASER/CONSULTANT) are guaranteed to be ofthe best quality of their respective kinds (unlessotherwise specifically authorised in writing byPURCHASER/CONSULTANT) and shall be free fromfaulty design, workmanship and materials, and to be ofsufficient size and capacity and of proper materials soas to fulfil in all respects all operating conditions, if any,specified in the Contract.

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If any trouble or defect, originating with the design,material, workmanship or operating characteristics ofany materials, arises at any time prior to twelve(12)months from the date of the first commercial operation

of the Plant for which the materials supplied under theContract form a part thereof, or twenty four (24) monthsfrom the date of last shipment whichever period shallfirst expire, and the SELLER is notified thereof,SELLER shall, at his own expense and as promptly aspossible, make such alterations, repairs andreplacements as may necessary to permit the materialsto function in accordance with the specifications and tofulfil the foregoing guarantees.

PURCHASER/CONSULTANT may, at his option,remove such defective materials, at SELLERS expensein which event SELLER shall, without cost toPURCHASER/CONSULTANT and as promptly aspossible, furnish and install proper materials. Repairedor replaced materials shall be similarly guaranteed bythe SELLER for a period of no less than twelve (12)months from the date of replacement/repair.

In the event that the materials supplied do not meet thespecifications and/or not in accordance with thedrawings data sheets or the terms of the Contract andrectification is required at site, PURCHASER/CONSULTANT shall notify the SELLER giving fulldetails of differences. The SELLER shall attend the sitewithin seven (7) days of receipt of such notice to meetand agree with representatives of PURCHASER/CONSULTANT, the action required to correct thedeficiency. Should the SELLER fail to attend meeting atSite within the time specified above, PURCHASER/CONSULTANT shall immediately rectify the work/materials and SELLER shall reimburse PURCHASERall costs and expenses incurred in connection with suchtrouble or defect.

20.2 PERFORMANCE GUARANTEE OF EQUIPMENT

20.2.1 SELLER shall guarantee that the performance of theEQUIPMENT supplied under the CONTRACT shall bestrictly in conformity with the specifications and shallperform the duties specified under the CONTRACT.

20.2.2 If the SELLER fails to prove the guaranteedperformance of the EQUIPMENT set forth in thespecification, the SELLER shall investigate the causesand carry out necessary rectifications/modifications toachieve the guaranteed performance. In case theSELLER fails to do so within a reasonable period, theSELLER shall replace the EQUIPMENT and proveguaranteed performance of the new equipment withoutany extra cost to PURCHASER.

20.2.3 If the SELLER fails to prove the guarantee within areasonable period, PURCHASER/CONSULTANT shall

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have the option to take over the EQUIPMENT andrectify, if possible, the EQUIPMENT to fulfil theguarantees and/or to make necessary additions tomake up the deficiency at Sellers risk and cost. Allexpenditure incurred by the PURCHASER/

CONSULTANT in this regard shall be to SELLERsaccount.

21. Terms of Payment 21.1 The method of payment to be made to the SELLERunder this CONTRACT shall be specified in the SpecialConditions of Contract.

21.2 The type(s) of payment to be made to the SELLERunder this CONTRACT shall be specified in the SpecialConditions of Contract.

21.3 The SELLERs request(s) for payment shall be made tothe PURCHASER in writing accompanied by an invoicedescribing, as appropriate, the Goods delivered andservices performed, and by shipping documentssubmitted, and upon fulfillment of other obligationsstipulated in the Contract.

21.5 Payment will be made in the currency or currencies inwhich the Contract Price has been stated in theSELLERs bid, as well as in other currencies in whichthe SELLER had indicated in his bid that he intends toincur expenditure in the performance of the Contractand wishes to be paid. If the requirements are statedas a percentage of the bid price along with exchangerates used in such calculations these exchange ratesshall be maintained.

General Notes:

i) All foreign currency payments to foreign biddershall be released through an irrevocable Letter ofCredit, which shall be opened throughGovernment of India Nationalised Bank andhence shall not be confirmed. In case any bidderinsists on confirmation, charges towardsconfirmation shall be borne by him. L/C shall beestablished within 30 days after receipt ofunconditional acceptance of Letter/Fax of Intenttogether with Performance Guarantee for 10% oftotal order/Contract value.

ii) For dispatches on FOT dispatch point (in India)basis, the payment shall be throughPURCHASERs bank. Payment through Bank,wherever applicable, shall be released as pernormal banking procedures.

iii) Payment shall be released within 30 days afterreceipt of relevant documents complete in allrespects.

iv) All bank charges incurred in connection withpayments shall be to Sellers account in case of

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Indian bidders and to respective accounts in caseof Foreign bidder.

v) Unless otherwise specifically stated in biddocument, all payments shall be made in the

currency quoted.

vi) No interest charges for delay in payments, if any,shall be payable by PURCHASER.

vii) In case of Indian bidder, variation, if any, onaccount of customs duty on their built-in- importcontent, as per terms of bid document, shall beclaimed separately by bidder after receipt ofgoods at site (s). However, any price benefits tothe PURCHASER, on account of such variation asper terms specified in the bid document, shall bepassed on to the PURCHASER along withinvoicing itself.

viii) Agency commission, if any, to Indian agent forForeign bidders, indicated in prices, shall be paidto the agent in equivalent Indian Rupees onreceipt and acceptance of material at site.

22. Prices 22.1 Prices charged by the SELLER for Goods delivered andservices performed under the CONTRACT shall not,with the exception of any price adjustments authorizedby the Contract vary from the prices quoted by theSELLER in his bid.

23. Subletting &Assignment

23.1 The contractor shall not without previous consent inwriting of the PURCHASER authority, sublet, transfer orassign the contract or any part thereof or interest thereinor benefit or advantage thereof in any mannerwhatsoever. Provided, nevertheless, that any suchconsent shall not relieve the contractor from anyobligation, duty or responsibility under the contract.

24. Time AsEssence ofContract

24.1 The time and date of delivery/completion of theGOODS/SERVICES as stipulated in the Contract shallbe deemed to be the essence of the Contract.

25. Delays InThe SellersPerformance

25.1 If the specified delivery schedule is not adhered to orthe progress of manufacture or supply of the items isnot satisfactory or is not in accordance with theprogress schedule the PURCHASER has the right to:

i) hire for period of delay from elsewhere goodswhich in PURCHASERs opinion will meet thesame purpose as the goods which are delayed andSELLER shall be liable without limitation for thehire charges; or

ii) cancel the CONTRACT in whole or in part withoutliability for cancellation charges. In that event,

PURCHASER may procure from elsewhere goodswhich PURCHASERs opinion would meet thesame purpose as the goods for which CONTRACT

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is cancelled and SELLER shall be liable withoutlimitations for the difference between the cost ofsuch substitution and the price set forth in theCONTRACT for the goods involved; or

iii) hire the substitute goods vide (I) above and if theordered goods continue to remain undeliveredthereafter, cancel the order in part or in full vide (ii)above.

25.1 Any unexcusable delay by the SELLER or his sub-contractor shall render the SELLER liable, withoutprejudice to any other terms of the Contract, to any orall of the following sanctions: forfeiture of Contractperformance guarantee, imposition of price reductionfor delay in delivery and termination of the contract fordefault.

26. Price ReductionSchedule ForDelayed Delivery

26.1 Subject to Article -29, if the SELLER fails to deliver anyor all of the GOODS or performance the services withinthe time period (s) specified in the CONTRACT, thePURCHASER shall, without prejudice to his otherremedies under the CONTRACT, deduct from theCONTRACT PRICE, a sum calculated on the basis ofthe CONTRACT PRICE, including subsequentmodifications.

26.1.1 Deductions shall apply as per following formula:In case of delay in delivery of equipment/materials ordelay in completion, total contract price shall bereduced by % (half percent) of the total contract priceper complete week of delay or part thereof subject to amaximum of 5% (five percent) of the total contract price.

26.2 In case of delay in delivery on the part of Seller, theinvoice/document value shall be reducedproportionately for the delay and payment shall bereleased accordingly.

26.3 In the event the invoice value is not reducedproportionately for the delay, the PURCHASER maydeduct the amount so payable by SELLER, from anyamount falling due to the SELLER or by recoveryagainst the Performance Guarantee.Both seller and PURCHASER agree that the abovepercentages of price reduction are genuine preestimates of the loss/damage which the PURCHASERwould have suffered on account of delay/breach on thepart of the SELLER and the said amount will be payableon demand without there being any proof of the actualloss/or damage caused by such breach/delay. Adecision of the PURCHASER in the matter ofapplicability of price reduction shall be final and binding.

27. Rejections, Removal of

Rejected Equipment &

Replacement

27.1 Preliminary inspection at SELLERs works byINSPECTOR shall not prejudice PURCHASERs/

CONSULTANTs claim for rejection of the EQUIPMENTon final inspection at SITE or claims under warrantyprovisions.

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27.2 If the EQUIPMENTS are not of specification or fail toperform specified duties or are otherwise notsatisfactory the PURCHASER/CONSULTANT shall beentitled to reject the EQUIPMENT/MATERIAL or partthereof and ask free replacement within reasonable

time failing which obtain his requirements fromelsewhere at SELLERs cost and risk.

27.3 Nothing in this clause shall be deemed to deprive thePURCHASER AND/OR AFFECT ANY rights under theContract which it may otherwise have in respect of suchdefects or deficiencies or in any way relieve theSELLER of his obligations under the Contract.

27.4 EQUIPMENT rejected by the PURCHASER/CONSULTANT shall be removed by the Seller at hiscost within 14 days of notice after repaying the amountsreceived against the SUPPLY. The PURCHASER shallin no way be responsible for any deterioration ordamage to the EQUIPMENT under any circumstanceswhatsoever.

27.5 In case of rejection of EQUIPMENT, PURCHASER shallhave the right to recover the amounts, if any, from anyof CONTRACTORS invoices pending withPURCHASER or by alternative method(s).

28. Termination of Contract 28.1 Termination for Default

28.1.1 The PURCHASER may, without prejudice to any otherremedy for breach of CONTRACT, by written notice ofdefault sent to the SELLER, terminate the CONTRACTin whole or in part:

A) If the SELLER fails to deliver any or all of theGOODS within the time period(s) specified in theCONTRACT; or

B) If the SELLER fails to perform any otherobligation(s) under the CONTRACT, and

C) If the SELLER, in either of the abovecircumstances, does not cure his failure within aperiod of 30 days (or such longer period as thePURCHASER may authorize in writing) afterreceipt of the default notice from thePURCHASER.

28.1.2 In the event the PURCHASER terminates theCONTRACT in whole or in part, pursuant to Article28.1.1, the PURCHASER may procure, upon suchterms and in such manner as it deems appropriate,goods similar to those undelivered and the SELLERshall be liable to the PURCHASER for any excess costsfor such similar GOODS. However, the SELLER shallcontinue performance of the CONTRACT to the extent

not terminated.

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28.1.3 In case of termination of CONTRACT herein set forth(under clause 28) except under conditions of ForceMajeure and termination after expiry of contract, theVENDOR shall be put under holiday [i.e. neither anyenquiry will be issued to the party by GAIL (India) Ltd.

Against any type of tender nor their offer will beconsidered by GAIL against any ongoing tender (s) wherecontract between GAIL and that particular VENDOR (as abidder) has not been finalized] for three years from thedate of termination by GAIL (India) Ltd. to such VENDOR.

28.2 Termination for Insolvency

28.2.1 The PURCHASER, may at any time, terminate theCONTRACT by giving written notice to the SELLER,without compensation to the SELLER, if the SELLERbecomes bankrupt or otherwise insolvent, provided thatsuch termination will not prejudice or affect any right ofaction or remedy which has accrued or will accruethereafter to the PURCHASER.

28.3 Termination for Convenience

28.3.1 The PURCHASER may, by written notice sent to theSELLER, terminate the CONTRACT, in whole or part, atany time for his convenience. The notice of terminationshall specify that termination is for the PURCHASERsconvenience, the extent to which performance of workunder the CONTRACT is terminated and the date uponwhich such termination becomes effective.

28.3.2 The GOODS that are complete and ready for shipmentwithin 30 days after the SELLERs receipt of notice oftermination shall be purchased by the PURCHASER atthe CONTRACT terms and prices. For the remainingGOODS, the PURCHASER may opt:

a) to have any portion completed and delivered at theCONTRACT terms and prices, and /or

b) to cancel the remainder and pay to the SELLER anagreed amount for partially completed GOODSand for materials and parts previously procured bythe SELLER.

29. Force Majeure 29.1 Shall mean and be limited to the following:

a) War/hostilitiesb) Riot or Civil commotionc) Earthquake, flood, tempest, lightening or other

natural physical disaster.d) Restrictions imposed by the Government or other

Statutory bodies which prevents or delays theexecution of the Contract by the SELLER.

The SELLER shall advise PURCHASER/

CONSULTANT by a registered letter duly certified bythe local Chamber of Commerce or statutory authorities,the beginning and end of the above causes of delay

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within seven (7) days of the occurrence and cessationof such Force Majeure Conditions. In the event of delaylasting over one month, if arising out of causes of ForceMajeure, PURCHASER/CONSULTANT reserves theright to cancel the Contract and the provisions

governing termination stated under Article 28.0 shallapply.

For delays arising out of Force Majeure, the SELLERshall not claim extension in completion date for a periodexceeding the period of delay attributable to the causesof Force Majeure and neitherPURCHASER/CONSULTANT nor SELLER shall beliable to pay extra costs provided it is mutuallyestablished that Force Majeure Conditions did actuallyexist.

SELLER shall categorically specify the extent of ForceMajeure Conditions prevalent in their works at the timeof submitting their bid and whether the same have beentaken into consideration or not in their quotations. Inthe event of any force majeure cause, the SELLER orthe PURCHASER shall not be liable for delays inperforming their obligations under this order and thedelivery dates will be extended to the SELLER withoutbeing subject to price reduction for delayed deliveries,as stated elsewhere.

30. Resolution ofDisputes/Arbi tration

30.1 The PURCHASER and the SELLER shall make everyeffort to resolve amicably by direct informal negotiationsany disagreement or dispute arising between themunder or in connection with the contract.

30.2 If, after thirty days from the commencement of suchinformal negotiations, the PURCHASER and theSELLER have been unable to resolve amicably aContract dispute, either party may require that thedispute be referred for resolution to the formalmechanism as specified hereunder.

30.3 Legal Construction

The Contract shall be, in all respects be construed andoperated as an Indian Contract and in accordance withIndian Laws as in force for the time being and is subjectto and referred to the Court of Law situated within UnionTerritory of New Delhi.

30.4 Arbitration

All disputes, controversies, or claims between theparties (except in matters where the decision of theEngineer-in-Charge is deemed to be final and binding)which cannot be mutually resolved within a reasonabletime shall be referred to Arbitration by a sole arbitrator.The PURCHASER (GAIL (India) Limited) shall suggest

a panel of three independent and distinguishedpersons to the Seller to select any one among them toact as the sole Arbitrator.

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In the event of failure of the Seller to select the SoleArbitrator within 30 days from the receipt of thecommunication suggesting the panel of arbitrators, theright of selection of Sole Arbitrator by the other party

shall stand forfeited and the PURCHASER shall havediscretion to proceed with the appointment of the SoleArbitrator. The decision of the PURCHASER on theappointment of Sole Arbitrator shall be final and bindingon the parties.

The award of the Sole Arbitrator shall be final andbinding on the parties and unless directed/awardedotherwise by the Sole Arbitrator, the cost of arbitrationproceedings shall be shared equally by the parties. Thearbitration proceeding shall be in English language andthe venue shall be at New Delhi, India.

Subject to the above, the provisions of (Indian)Arbitration & Conciliation Act, 1996 and the rulesframed thereunder shall be applicable. All mattersrelating to this contract are subject to the exclusivejurisdiction of the Courts situated in the State of Delhi(India).

Seller may please note that the Arbitration &Conciliation Act 1996 was enacted by the IndianParliament and is based on United nations Commissionon International Trade Law (UNCITRAL model law),which were prepared after extensive consultation withArbitral Institutions and centers of InternationalCommercial Arbitration. The United Nations GeneralAssembly vide resolution 31/98 adopted the UNCITRALArbitration rules on 15 December 1996.

The WORK under the CONTRACT shall, however,continue during the Arbitration proceedings and nopayment due or payable to the Seller shall be withheldon account of such proceedings.

31. Governing Language 31.1 The Contract shall be written in English language asspecified by the PURCHASER/CONSULTANT in theInstruction to Bidders. All literature, correspondenceand other documents pertaining to the Contract whichare exchanged by the parties shall be written inEnglish language. Printed literature in other languageshall only be considered, if it is accompanied by anEnglish translation. For the purposes of interpretation,English translation shall govern and be binding on allparties.

32. Notices 32.1 Any notice given by one party to the other pursuant tothe Contract shall be sent in writing or by telegram orfax, telex/cable confirmed in writing.

32.2 A notice shall be effective when delivered or on the

notices effective date, whichever is later.

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correspondingly reduced.

The above stipulation will, however, not apply to:

a) Exports by the Contractor/Supplier or

b) Sale of goods as original equipment at priceslower than the prices charged for normalreplacement

c) Sale of goods such as drugs which have expirydates.

38.3 The supplier shall furnish the following certificate to theconcerned Paying Authority along with each bill forpayment for supplies made against this order:-

I/We certify that there has been no reduction in saleprice of the items/goods/materials of descriptionidentical to those supplied to the GAIL under the orderherein and such items/goods/materials have not beenoffered/sold by me/us to any person/organizationsincluding the Purchaser or any Deptt. of Central Govt.or any Deptt. of State Govt. or any StatutoryUndertaking of the Central or State Govt. as the casemay be upto the date of bill/during the currency of theorder whichever is later, at a price lower than the pricecharged to the GAIL under the order.

Such a certificate shall be obtained, except for quantityof items/goods/materials categories under sub-clause(a), (b) & (c) of sub-para 38.2 above, of which detailsshall be furnished by the supplier.

39. Public ity &Advertising

39.1 Seller shall not without the written permission ofPURCHASER/CONSULTANT make a reference toPURCHASER/CONSULTANT or any Company affiliatedwith PURCHASER/CONSULTANT or to the destinationor the description of goods or services supplied underthe contract in any publication, publicity or advertisingmedia.

40. Repeat Order 40.1 PURCHASER reserves the right, within 6 months oforder to place repeat order upto 50% of the total ordervalue without any change in unit price or other termsand conditions.

41. Limi tation ofLiability

41.1 Notwithstanding anything contrary contained herein, theaggregate total liability of Seller under the Agreement orotherwise shall be limited to 100% of Agreement / Orderprice. However, neither party shall be liable to the otherparty for any indirect and consequential damages, lossof profits or loss of production.