government of india (bharat sarkar) ministry of railways ... document for escalators 1 government of...

Tender document for escalators 1

Government of India (Bharat Sarkar) Ministry of Railways (Rail Mantralaya)

(Railway Board)

OPEN TENDER No. –223

BID INVITATION

Bids , in two packets system are invited for and on behalf of the President of India from bidders for supply of the following: Tender No.

Brief Description of stores Quantity (nos.)

Cost of the Bid documents Rs.

Bid Guarantee Last date for submission and opening of bids

Open Tender No. 223

Design, Supply, Installation, testing, commissioning & Maintenance of Passenger Escalators at various Railway Stations of Indian Railways as per RDSO Spec. No. RDSO/PE/SPEC/TL/0095-2008 Amdt.5.

100 Nos..

5000 Rs.10,00,000

23-11-2010

Note:1. The AMC for three years will be applicable after expiry of the warranty period of two years and the rates for AMC shall be quoted separately by the bidders. The cost of AMC for three years will be taken for evaluation. The prices have to be quoted in line with the conditions stipulated in the instructions to bidders, offer form & Special Condition of Contract

2. Non-transferable Bid documents containing detailed description of stores, required as also other terms and conditions may be obtained from the office of the Executive Director, Railway Stores (P), Ministry of Railways, Railway Board, Rail Bhavan, Room No.341, New Delhi-110001. The cost of the Bid document (IN CASH) is to be deposited with the FA&CAO of any zonal Railway. The bid documents will be issued only on production of the original receipt thereof. The bid documents except drawings and specification are also available on Indian Railways’ website. The website address is www.indianrailways.gov.in/ railways/deptts/ stores/stores-tenders.htm. The same can be downloaded from the above website which shall be equally valid for participation in the tender. Nevertheless, the bidder shall be required to pay the cost of bid documents specified above by draft in favor of FA&CAO, Northern Railway, Baroda House, New Delhi-110001 (India) along with the offer.

3. The Bidders will be required to:- a) Furnish a Bid Guarantee for the amount specified above along with the technical offer. b) Keep their bids open for 180 days from the date of opening of bids. 4. Time for submission of bids would be 1430 hrs. and the same will be opened on the same day at

1500 hrs. 5. Bids from bidders who have not purchased the bid documents, bids not accompanied by bid

guarantee and bids with validity less then 180 days are liable to be summarily rejected.

EXECUTIVE DIRECTOR, RAILWAY STORES (P) MINISTRY OF RAILWAYS/(RAILWAY BOARD)

RAIL BHAVAN, RAISINA ROAD/NEW DELHI-110001 FAX NO.0091-11-23388394/23388598


INVITATION OF TENDER AND INSTRUCTIONS TO BIDDERS

TENDER NO OP-223

Design, manufacture,Supply, Installation, testing &

commissioning & maintenance of

Passenger Escalators

at various Railway Stations of Indian Railways

Government of India Ministry of Railways

October 2010


TABLE OF CONTENTS

Sl. No. Contents Page No.

1.0 INTRODUCTION

2.0 INSTRUCTIONS TO BIDDERS 3.0 SCHEDULE OF REQUIREMENTS

4.0 SCHEDULE OF RATES 5.0 SPECIAL CONDITION OF CONTRACT ANNEXURE-A OFFER FORM ANNEXURE- B Statement of deviation from standard specification ANNEXURE- C Statement of deviation from terms and conditions of the tender ANNEXURE- D –(i) Performance statement or details of past supplies and current outstanding orders ANNEXURE- D –(ii) Performa for details of supply/commissioning of escalators against each Purchase Order ANNEXURE- D –(iii) Financial Capacity of the Applicant ANNEXURE- E Performa for equipment and quality control ANNEXURE- F PROFORMA FOR PRODUCTION CAPACITY

ANNEXURE- G Format for Power of Attorney for signing of Application

ANNEXURE- H Format for Power of Attorney for Lead Member of Consortium

ANNEXURE I Performa of Bank Guarantee for bid guarantee/ earnest money

ANNEXURE J Requirement to be met in case of MOU: ANNEXURE K Joint Bidding Agreement ANNEXURE L Schedule of rates

ANNEXURE M Tentative location of escalators ANNEXURE N Tentative location of escalators to be procured under option clause ANNEXURE O PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE

GUARANTEE BOND/ SECURITY DEPOSIT ANNEXURE P PROFORMA OF BANK GUARANTEE FOR 10% CONTRACT VALUE

TOWARDS WARRANTY GUARANTEE

ANNEXURE Q Indian Railways Standard Conditions of contract.

ANNEXURE R RDSO Spec. No. RDSO/PE/SPEC/TL/0095-2008 (Rev.0)Amdt.5


1. INTRODUCTION

1.1 The Ministry of Railways (the “Purchaser”) is engaged in the development of railways and up gradation of passenger facility and as part of this endeavour, the Purchaser has decided to install 100 numbers of escalators at different stations of Indian railways across the country and intend to have a warranty for two years. The AMC for three years will be applicable after expiry of the warranty period and the rates for AMC shall be quoted separately by the bidders. The cost of AMC for three years will be taken for evaluation. The President of India herein after referred to as the ‘Purchaser’ (Government of India, Ministry of Railways (Railway Board) proposes to obtain stores detailed in the “schedule of requirements” from established and reliable manufacturers.

1.2 The contractor shall Design, manufacture, supply , provide installation, testing and

commissioning of escalators including training & AMC of three years at various stations on Indian Railway as per “Schedule of requirement” vide clause 3.1.

1.3 The entity while offering a proposal will be called “Bidder” while entity to whom

contract will be placed shall be referred as “ Contractor”. 1.4 The Purchaser intends to pre-qualify and short-list suitable Bidders , evaluate the offer

of Bidder (the “Bidders”) and award the “Contract” through an open competitive bidding process in accordance with the procedure set out herein. The successful bidder to whom “Contract” is awarded has to Design, manufacture, supply, installation, commission, test , certify and maintain the escalators under warranty period and AMC period along with providing requisite training.

1.5 Brief description of Bidding Process :

The bidding process will be a single stage , two packet system where bidder is required to submit it’s Technical and Financial bid in separate sealed covers as per the detailed procedure given in tender documents The financial bids of only those bidders will be opened whose technical bid is found meeting the requisite criteria. The financial bid of bidder whose technical bid is found unacceptable will be returned unopened.

1.6 In this tender document, the term “Lowest Bidder” shall mean the Bidder who is

technically qualified and whose price bid is the lowest.


2. INSTRUCTIONS TO BIDDERS

2.1 BID DUE DATE :

TIME UPTO WHICH OFFERS WILL BE RECEIVED : 2.30 P.M. ON 23.11.10

TIME OF OPENING : 3.00 P.M. ON 23.11.10 2.2 CONTRACTS MADE UNDER THIS TENDER WILL BE GOVERNED BY

i) Indian Railways Standard Conditions of contract. ii) Invitation of tender and instructions to bidders iii) Conditions in the offer forms (All enclosed) iv) INDIAN RAILWAYS Schedule of Technical requirements mentioned in the

attached “schedule of requirements” of this tender.

In case of conflict, the order of priority for document determining the conditions will be Special conditions of the contract, Instruction to Bidders ,Technical specification and Indian Railways Standard Conditions of the Contract (IRS).

2.3 PARTICULARS, SPECIFICATION AND DRAWING : The Indian Standard Specification may be obtained from Indian Standard

institution, Manak Bhavan, 9, Bahadur Shah Zafar Marg, New Delhi-110 001.(Telegram Manaksanstha) or from their branches at

1. Novelty chambers, Grant Road, Mumbai-7 2. 5, Chowringhee Approach, Calcutta-13 3. 5 9 201/2, Chirag Ali Lane, Hyderabad-11 4. 117/418-B Sarvodaya Nagar, Kanpur-5 5. 54, General, Patters Road, Chennai-2

Indian Railways Standard Specification may be obtained on payment from the Manager of Publications Civil Lines, Delhi(Telegram : EXINFOR DELHI). RDSO’s schedule of Technical requirements mentioned in the attached schedule of requirements may be obtained directly from Executive Director EE(M), RDSO, Manak Nagar, Lucknow.

2.4. SUBMISSION OF BID 2.4.1 Language The bid and all related correspondence and documents in relation to the Bidding

Process shall be in English language. Supporting documents and printed literature furnished by the Bidder with the Bid may be in any other language provided that they are accompanied by translations of all the pertinent passages in the English language, duly authenticated and certified by the Bidder. Supporting materials, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the Bid, the English language translation shall prevail.


2.4.2 PREPARATION OF TECHNICAL & COMMERCIAL Bid 2.4.2.1 The Bidder shall provide all the information sought under this tender document in

the given format. 2.4.2.2 The Bidder shall prepare 1 (one) original set of the Bid together with originals/

copies of documents required to be submitted along therewith pursuant to this tender document clearly marked “original”. in addition, the bidder shall submit 2 (two) more copies of the Bid, alongwith documents required to be submitted along therewith pursuant to this tender document, marked “COPY-1 ” and “COPY-2 ”. The Bidder shall also provide 2 (two) soft copies on Compact Disc (CD). In the event of any discrepancy between the original and the copy, the original shall prevail.

2.4.2.3 The Bid and its copy shall be typed or written in indelible ink and signed by the authorised signatory of the Bidder who shall also initial each page in blue ink. In case of printed and published documents, only the cover shall be initialled. All the alterations, omissions, additions or any other amendments made to the Bid shall be initialled by the person(s) signing the Bid. The Bid shall contain page numbers and shall be bound together in hard cover/spiral bound.

2.4.2.4 Technical bid shall be addressed to the President of India and shall be made as

per Performa attached at annexure “A”. The commercial offer should be as per proforma attached at annexure ‘L’. All the technical details along with Earnest Money, except the price, delivery and commercial terms should be submitted in technical bid.

2.4.3 Sealing and Marking of Bids 2.4.3.1 Offers should be submitted in triplicate envelope. Two inner envelopes, containing

the “Technical Offer” and “Financial offer” shall be sealed separately and marked Technical Offer FOR TENDER NO.--------------- and Financial Offer FOR TENDER NO.----------. These inner envelopes should be placed in one outer envelope and both should be addressed to the President of India through, EXECUTIVE DIRECTOR RAILWAY STORES(P), MINISTRY OF RAILWAYS, (RAILWAY BOARD), ROOM NO.334, RAIL BHAVAN, NEW DELHI-110001.As a measure of caution, the outer envelope should be sealed and superscripted as follows:

“TENDER NO. OP-223 DUE DATE AND TIME OF OPENING ON --.21.11.10 AT 15.00 Hrs. To The Executive Director, Railway Stores(P) Ministry of Railways (Railway Board) Rail Bhavan Raisina Road, New Delhi-110 001”.

2.4.3.2 The Bidder shall seal the “original” and the two copies of the Bid, together with their

respective enclosures, in separate envelopes duly marking the envelopes as “ORIGINAL” and “COPY-1 ” and “COPY-2 ”.


2.4.3.3 Offers sent by post should be sent by registered post acknowledgement due addressed to Executive Director, Railway Stores(P), Ministry of Railways, Railway Board, Rail Bhavan, Raisina Road, New Delhi-110 001, so as to reach him before 14.30 hours, on due date. Offers delivered by hand should be delivered personally to the officer mentioned above and acknowledgement obtained for the same before 14.30 hrs on due date.

2.4.3.4 The Earnest Money (Bid Guarantee) shall be submitted along with Technical offer in “original” bid.

2.5 PERIOD FOR WHICH THE OFFER WILL REMAIN OPEN

Firms tendering should note that the offer should remain open for a period of 180 days from the date of opening of the technical bid, for acceptance for both technical and financial bid. The offer not meeting this criterion is liable to be ignored. In cases where the original validity has expired before opening of the financial bid bidders are required to extend the validity of financial bid before opening of financial bid , failing which their financial bid will not be opened and returned to them unopened.

2.6 OPENING OF TENDER

Bidders are at liberty to be present or authorise a representative to be present at the opening of the tender at the time and date as specified in the schedule

2.7 PRICES 2.7.1 The price quoted must be in figures and words in Indian currency. The price shall

be quoted in the prescribed Performa as enclosed in Annexure-L. In case of any discrepancy in rate quoted in words and figures , the price used for calculation of total cost will be taken as correct price.

2.7.2 The price must be stated for each item separately. 2.7.3 Except for Excise Duty, Sales Tax and Service Tax any other tax, Duty, Municipal

Levy ( Octroi, Entry Tax etc.) shall be to the supplier’s account. 2.7.4 The price to be quoted by the bidders should take into account the credit availed

on inputs under the CENVAT Scheme introduced w.e.f. 1.4.2000. The bidders should give a declaration that any set offs in respect of duties on inputs as admissible under law is being totally and unconditionally passed on to the purchaser in the price quoted by him.

2.7.5 The bidders should give the following declaration: “We agree to pass on such additional duties as set offs as may become available

in future in respect of all the inputs used in the manufacture of the final product on the date of the supply under the CENVAT SCHEME by way of reduction in prices and advise the purchaser accordingly”.

2.7.6 a) Wherever all or most of the approved firms quote equal rates and cartel

formation is suspected, Railways reserve the right to place order on one or more firms with exclusion of the rest without assigning any reasons thereof.


b) Firms are expected to quote for a quantity not less than 50% of tendered

quantity. Offers for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be rejected in case cartel formation is suspected Railways, however, reserve the right to order on one or more firm any quantity.

2.7.7 Offers are solicited on firm price basis . No “price variation” quoted by bidder will be accepted.

2.7.8 Splitting of order

(i) The Purchaser reserves the right to distribute the procurable quantity on one or more of the eligible bidders. Zone of consideration of such eligible bidders will be the right of the Purchaser.

(ii) Whenever such distribution/splitting of the tendered/procurable quantity is

made, the quantity distribution will depend upon the differential of rates quoted by the bidders (other aspects i.e. adequate capacity-cum-capability, satisfactory past performance of the bidders, outstanding orders load for the Railway making the procurement etc. being same/similar). In the manner detailed below:

Price differential between

L1 and L2 Quantity distribution ratio between L1 and L2

Upto 3% 60 : 40 More than 3% and upto 5% 65 : 35

More than 5% At least 65% on the L1 bidder. For the

quantity to be ordered on the L2 bidder ( as per para v and vi below)

(iii) If splitting of quantity is required to be done by ordering on bidders higher than

the L2 bidder, then the quantity distribution proportion amongst the bidders will be decided by transparent/logical/equity based extrapolation of the model as indicated in Para (ii) above.

(iv) The purchaser reserves the right to counter offer the lowest acceptable rate ordering to the higher bidders. In the event of rejection of such counter offer, the purchaser will reserve their right to decide on the quantity distribution ratio/proportion.

(v) The rate of the highest eligible bidder within the zone of consideration has to be, per-se, reasonable to the purchaser.

(vi) In the cases of inadequate capacity-cum-capability, dissatisfactory past

performance, large quantity of outstanding orders (liquidation of which will take very long time) etc., the Purchaser shall have the right to distribute the procurable quantity amongst bidders with due consideration to these constraints and in such a manner as would ensure timely supply of materials in requisite quantity to meet the needs of operation, maintenance, safety etc. of the Railways, regardless of inter-se ranking of the bidders and in a fair and


transparent manner with due conformity to the Principle of natural Justice and Equity.

2.8. PAYMENT TERMS;

The terms of payment shall be as per clause 5.5 of the enclosed ‘Special Condition of Contract’.

2.9 TERMS OF DELIVERY:

2.9.1 Deliveries to be maintained as per schedule given at clause 3.2 of the enclosed ‘Special Condition of Contract’.

2.9.2 In case of failure on the part of contractor to arrange supplies as per the delivery schedule/installments fixed in advance, save force majeure conditions or delays attributable to the purchaser, the purchaser reserves the right to levy “liquidated damages” which shall be levied as under:

Liquidated Damages and not by way of penalty, a sum equivalent to 2% ( two percent) of the price of any stores ( including elements of taxes, duties freight etc.) which the contractor has failed to deliver within the period fixed for delivery in the contract or as extended for each month or part of a month during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, subject to a maximum of ten percent of value of the delayed supplies .For the purpose of “liquidated damages” the date of commissioning of escalator will be considered as delivery period.

2.10 THE BIDDERS SHOULD QUOTE RATES F.O.R. DESTINATION Bidders should quote FOR destination rate, giving the detailed break-up separately

as given in Annexure-L. 2.11 CORRECTIONS: Correction should be avoided, but if there are any, all such corrections in the

tenders should be initialed by bidder. Erasures /Correction fluid and over-writing shall not be made.

2.12 EARNEST MONEY (BID GUARANTEE) 2.12.1 The bidder must deposit an earnest money of Rs. 10,00,000/-(Rupees Ten lakhs

only) in the manner specified in para 2.13.2 below or sum equal to 2% of the aggregate value of the tender, whichever is less and attach the same with the original technical offer of bid.. The EMD should remain valid for a period of 45 days beyond the final bid validity period i.e for 225 days . The earnest money will be returned without interest to the bidders, whose tenders are not accepted. Tenders without earnest money are liable to be rejected.

2.12.2 The earnest money, deposited is liable to be forfeited, if the bidder unilaterally

withdraws, amends, impairs or derogates from the bid in any respect within the period of validity of his offer.


2.13 SECURITY DEPOSIT/ PERFORMANCE GUARANTEE 2.13.1 The successful bidder shall, as per clause 0500 of Indian Railway Standard

Conditions of contract, deposit, a sum of equal to 10% of the total value of the stores for which the tender has been accepted subject to a maximum of Rs.20, 00,000/- as security deposit for the due fulfillment of the contract before issue of contract.

2.13.2 The Earnest money and security deposit may be paid in any of the following manner: (i) In the form of deposit receipts, Pay Orders, Demand Drafts in favour of

FA&CAO/ Northern Railway and Guarantee Bonds of the State Bank of India or any of the Nationalised or Scheduled Commercial Banks. For Earnest Money, Proforma for Guarantee Bond is as per Annexure-I and for Security Deposit is as per Annexure-O.

(ii) Government securities at 5% below the market value. (iii) Deposit in the Post Office Saving Bank. (iv) Bonds of Indian Railway Finance Corporation & KRCL Bonds.

Deposits in the Post Office Saving Bank should be hypothecated by the depositor to the Financial Adviser and Chief Accounts Officer of the Railway and pass book will remain in the custody of the Chief Cashier.

When deposits are made in Government Securities, it should be seen that all

accrued interest to the debit on the G.P. Notes is duly collected by depositors prior to the G.P. Notes being endorsed to the Financial Adviser and Chief Accounts Officer. There should be at least two blank pages on the G.P. Notes after the last endorsement by the depositor. These are necessary to enable further endorsement by the Railway to the Reserve Bank of India.

In case of endorsement signed “PER BEARER” “FOR” power of attorney is

necessary duly registered and such endorsement need be certified by the Public Department Office of the Reserve Bank of India with their rubber stamp before G.P. Notes are delivered to the Railways.

2.14 PRINTED CONDITIONS FOR SUPPLY Printed conditions for supply of goods on the letters /on the back of the letters sent

by the bidders will be ignored as forming part of their tender. In case any terms and conditions of contract applicable to this invitation to tender are not acceptable to the bidder, they should specify such deviation in the “statement of deviations” as mentioned in bid document. It may be clearly understood that deviations from IRS Conditions of contract are neither appreciated nor generally acceptable.

2.15 PACKING: Attention is drawn to clause 1800 of Indian Railway Standard Conditions of

Contract.


2.16 PERFORMANCE STATEMENT Firms must fill in the enclosed performance statement as Annexure-D-(i) & D-(ii).

They should also submit a proforma for equipment and quality control as per Annexure-E. They should also submit information regarding production Capacity as per Annexure-F.

2.17 Banker’s details : Bidders should indicate the names and addresses of their Bankers. 2.18 TRANSIT INSURANCE The purchaser will not pay separately for transit insurance and the supplier will be

responsible till the entire stores contracted for arrive in good condition at destination.

2.19 PRICE PREFERENCE FOR EARLIER DELIVERY: It should be noted that if a contract is placed on a higher bidder as a result of

this invitation to tender in preference to the lowest acceptable offer in consideration of offer of earlier delivery, the contractor will be liable to pay to the Government the difference between the contract rate and that of the lowest acceptable tender on the basis of the final price FOR Destination including all elements of freight, Sales Tax, local taxes, duties and other incidentals in case of failure to complete supplies in terms of such contract within the date of delivery specified in the tender and incorporated in the contract. This is in addition to and without prejudice to other rights of the Government to recover all other losses and damages resulting from delayed supplies and of cancellation and risk purchase in case of failure to supply the stores. In the event of risk purchase being made against such a contract, the contractor will be liable to pay to the Government, as extra expenditure incurred, the difference between the rate quoted by the lowest acceptable tender against the present tender and that at which the risk purchase contract has been concluded.

2.20 RIGHT OF ACCEPTANCE This office does not pledge itself to accept the lowest or any tender and

reserves itself the right of acceptance of the whole or any part of the tender or portion of the quantity offered and you shall supply the same at rate quoted. You are at liberty to tender for the whole or any portion or to state in the tender that rate quoted shall apply only if the entire quantity is taken from you.

2.21 TRANSFERABILITY: This tender is not transferable. 2.22 CHANGES IN COMPOSITION OF THE CONSORTIUM Where the Bidder is a Consortium/JV, change in the composition of a

Consortium/JV will not be permitted by the Purchaser after submission of bid. 2.23 NUMBER OF BIDS AND COSTS THEREOF 2.23.1 No Bidder shall submit more than one Bid for the Project. An bidder applying

individually or as a member of a Consortium/JV shall not be entitled to submit another bid either individually or as a member of any Consortium/JV, as the case may be.


2.23.2 The Bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the Bid Process. The Purchaser will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.

2.24 ACKNOWLEDGEMENT BY BIDDER 2.24.1 It shall be deemed that by submitting the Bid, the Bidder has:

(a) made a complete and careful examination of the tender document; (b) received all relevant information requested from the Purchaser; (c) accepted the risk of inadequacy, error or mistake in the information provided in

the tender documentor furnished by or on behalf of the Purchaser relating to the bid

(d) agreed to be bound by the undertakings provided by it under and in terms hereof.

2.24.2 The Purchaser shall not be liable for any omission, mistake or error in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to the tender document or the bidding process, including any error or mistake therein or in any information or data given by the Purchaser.

2.25 RIGHT TO ACCEPT OR REJECT ANY OR ALL BID /BIDS 2.25.1 Notwithstanding anything contained in this tender document, the Purchaser

reserves the right to accept or reject any Bid and to annul the Bidding Process and reject all Bid/ Bids, at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons therefore. In the event that the Purchaser rejects or annuls all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids hereunder.

2.25.2 The Purchaser reserves the right to reject any Bid and/ or Bids if: (a) at any time, a material misrepresentation is made or uncovered, or (b) the Bidder does not provide, within the time specified by the Purchaser, the

supplemental information sought by the Purchaser for evaluation of the Bid. If the Bidder/Bidders is a Consortium/JV, then the entire Consortium/JV may be

disqualified/ rejected. If such disqualification/ rejection occurs after the Bids have been opened and the Lowest Bidder gets disqualified/ rejected, then the Purchaser reserves the right to take any such measure as may be deemed fit in the sole discretion of the Purchaser, including annulment of the Bidding Process.

2.25.3 In case it is found during the evaluation or at any time before signing of the Agreement or after its execution and during the period of subsistence thereof, including the contract thereby granted by the Purchaser, that one or more of the pre-qualification conditions have not been met by the Bidder, or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the contractor either by issue of the LOA or entering into of the Agreement, and if the Bidder/consortium/JV has already been issued the LOA or has entered into the Agreement, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this tender document, be liable to be terminated, by a communication in writing by the Purchaser to the bidder, without the


Purchaser being liable in any manner whatsoever to the bidder and without prejudice to any other right or remedy which the Purchaser may have under this tender document, the Bidding Documents, the Agreement or under applicable law.

2.25.4 The Purchaser reserves the right to verify all statements, information and documents submitted by the Bidder in response to the TENDER DOCUMENT. Any such verification or lack of such verification by the Purchaser shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of the Purchaser there under.

2.26 CLARIFICATIONS 2.26.1.Bidders requiring any clarification on the bid documents may notify the Purchaser in

writing .They should send in their queries no latter then 20 days before the date of submission specified in bid document.

2.26.2 The Purchaser shall endeavour to respond to the questions raised or clarifications sought by the bidders. However, the Purchaser reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this clause shall be taken or read as compelling or requiring the Purchaser to respond to any question or to provide any clarification.

2.26.3 To facilitate evaluation of Bids, the Purchaser may, at its sole discretion, seek clarifications from any Bidder regarding its Bid. Such clarification(s) shall be provided within the time specified by the Purchaser for this purpose. Any request for clarification(s) and all clarification(s) in response thereto shall be in writing.

2.27 AMENDMENT OF TENDER DOCUMENT 2.27.1 At any time prior to the deadline for submission of bid, the Purchaser may, for any

reason, whether at its own initiative or in response to clarifications requested by an bidder, modify the tender document by the issuance of amendment.

2.27.2 Any amendment thus issued will be sent in writing to all those who have purchased the tender document and will be publicised on website.

2.27.3 In order to afford the bidders a reasonable time for taking an amendment into account, or for any other reason, the Purchaser may, in its sole discretion, extend the Bid Due Date.

2.28 In case, the date of bid opening falls on a gazetted holiday or is subsequently declared as such, the bids will be opened on the next working day at the appointed time.

2.29 OFFER BY FAX 2.29.1 It shall be the sole responsibilities of the bidder to ensure that the offers submitted

by FAX are dropped in appropriate tender box/submitted in sealed cover/covers and within prescribed time and date as per the provision mentioned in the bid documents along with the Earnest Money.

2.29.2 Offers received through FAX at the time of opening of tender and complete in all respects and duly signed by the authorized signatory shall be accepted subject to the firm submitting a post confirmation bid document ( original and Copy-1 & Copy-2) duly signed by the authorized person as per the tender conditions within ten (ten) working days.


2.29.3 The offers received by FAX shall be deemed as unresponsive in case original copy is not received within the time stipulated in clause above.

2.29.4 The offer shall be kept valid for acceptance for a minimum period of one hundred and eighty (180) calendar days from the date set for technical bid.

2.30 EVALUATION CRITERIA 2.30.1 The offers received will be evaluated considering total cost of 100 escalators for

Design, manufacture, supply, installation, testing and commissioning of escalators at various stations on Indian Railway as per RDSO specification no. RDSO/PE/SPEC/TL/0095-2008(Rev 0) Amtd 5 as per Annexure-L.

2.30.2 The cost of AMC for three years will also be considered for evaluation.


3.0 SCHEDULE OF REQUIREMENTS

3.1 Description of Stores & quantity required

(i) Design, manufacture, supply, installation, testing, commissioning & Maintenance of 100 Nos. of Passenger Escalators at various Railway Stations of Indian Railways with warranty of two (2) years as per Annexure -L.

(ii) The Annual Maintenance Contract (AMC) for three years will be applicable after expiry of the warranty period The rates for AMC shall be quoted separately by the bidders as per Annexure -L. AMC cost for three years will be taken for evaluation of bid offer.

(iii) Under quantity variation clause 3.4, tentative location of the escalators in case of addition of order, if any , is indicated in Annexure –N for reference only . The quantity & location of final amendment in quantity & location may change at the direction of the Purchaser.

3.2. Delivery: Delivery should commence from 3-4 months from the date of award of

contract.

(i) 15 Nos. escalators shall be delivered per month and design, manufacture, supply, installation, testing and commissioning of 100 Nos. escalators to be completed within eighteen (18) months from the date of award of contract. Delivery of escalator at different location within total delivery period may be regulated by the Purchaser.

(ii) The delivery schedule should clearly be indicated and the same should form part of Offer Form.

3.3. Annual Maintenance Contract (AMC):

(i) The contractor shall provide AMC as per clause 26..8 of the RDSO Specification No. RDSO/PE/SPEC/TL/0095-2008(Rev.’0’) Amd.5 ,

(ii) The AMC for the escalator will be comprehensive and shall be inclusive of all spares, material and labour cost for scheduled /unscheduled day to day maintenance.

(iii) AMC agreement shall be entered with individual Zonal Railways as per the accepted rate in the bid.

3.4 Training

Training shall be provided with the details as given in clause 27of RDSO specification and as per clause 5.14 of bid document.

3.5. Quantity Variation Clause: Purchaser reserves the right to vary the quantity mentioned in the “Schedule of

Requirements” by plus/minus 30% during the currency of the contract.


4.0 SCHEDULE OF RATES (SOR)

Unit rate and total rate for the offer shall be quoted by the bidder as per Annexure-

L, the sample and the explanation for which is as under -.

Explanatory Note :

a) One standard escalator consists of escalator suitable for 6 meter vertical height as per RDSO specification no. RDSO/PE/SPEC/TL/0095-2008 (Rev ‘O’) Amdt. 5 The rate shall be quoted by the bidder for six meter height and shall be inclusive of Design, manufacture, supply, installation, testing and commissioning of 100 nos. escalators at various stations on Indian Railway. This shall also include cost of civil works as mentioned at Para 1.7 (b) of RDSO specification and cost of 2 years comprehensive warranty as per Para 24 of RDSO specification. Taxes and duties shall be quoted separately as applicable.

b) The standard vertical height of escalator is 6 meters. The supplier shall be given

+0.6% of quoted rate with variation of vertical heights +0.15 meters i.e. if the height become 6.15 meter than the amount paid to bidder will be 1.006 times quoted rate and if height becomes 5.85 meter than amount paid will be 0.994 times of quoted rate.

c) The warranty period of goods will start after successfully commissioning of

escalators at site as per warranty clause no.24.0 of RDSO specification. e) Quantity variation +30% f) Height of the escalator given in Annexure is tentative and may vary as per actual

site condition and design. g) In exceptional case, name of the station may change by Purchaser .

SN Details Quantity Unit Price (RS)- In fig & words

Total (Rs)

A B C D E=C X D1 Design, manufacture, supply,

installation, testing and commissioning of escalators at various stations on Indian Railway as per RDSO specification no. RDSO/PE/SPEC/TL/0095-2008 (Rev 0)Amtd 5

100 nos. (One hundred nos.

2 AMC for three years (per year)

(for 3 years


i) The AMC for three years will be applicable after expiry of the warranty period and the rates for AMC shall be quoted separately by the bidders which will be considered for evaluation.


5.0 SPECIAL CONDITION OF CONTRACT

5.1 Eligibility criteria: The bidder shall fulfill the following eligibility criteria- 5.1.1 The “Bidder” can be a manufacturer (single entity)/consortium/ joint venture ( at

least one of the consortium/joint venture member could be an Indian firm or the Indian subsidiary of manufacturer for the purpose of this tender).There can be up to three members in a consortium.

5.1.2 Technical Capacity: For demonstrating technical capacity and experience (the “Technical Capacity”),

the bidder (either individually or jointly with other consortium/joint venture member, etc.) shall have manufactured and supplied either directly for the end user or indirectly as Original Equipment Manufacturer (OEM):

a) at least 125 escalators for any application in the last 5 years (beginning 1st April

2005) of which at least 35 escalators should supplied during any one year from the last 3 years (beginning 1st April 2007). The bidder shall submit copies of purchase orders/contracts and proof of its supply. The word ‘supply’ would mean that the escalator has been received by the consignee.

b) at least 50 escalators for heavy passenger use for Railways/Metro or Airports in the last 5 years (beginning 1st April 2005). The bidder shall submit proof of commissioning for the above information in the prescribed Performa enclosed at Annexure D(i) & D(ii) .

5.1.3 The bidder (either individually or jointly with consortium/ joint venture members

etc.) should submit the license for manufacturing of escalators from the Government in which country it is being manufactured and ISO 9001:2008 certificate for escalators. Bidder shall submit copies of documents/certificates for these.

5.1.4 Financial Capacity: Average annual turn over of the bidder shall be at least INR 80 crores during the

last three Financial Years at the close of the Financial Year before the bid due date. In case of consortium/joint venture, the average annual turnover of lead member shall be at least INR 40 crores, out of the total of INR 80 crores, during the last three Financial Years. Audited accounts of bidder (all members in case of consortium/joint venture) shall be submitted alongwith the bid as per Annexure D-(iii).

Note:- The Financial Year would mean the Financial Year of the bidder country.

Year 1 will be the latest completed Financial Year, preceding the bid opening date. Year 2 shall be the year immediately preceding Year 1 and so on. In case the bid opening date falls within 3 months of the close of latest Financial Year of the bidder, it shall ignore such Financial Year for the purpose of its bid and furnish all its information and certificates with respect to the 3 years preceding last Financial Year.


5.1.5 In case the bidder is a consortium/joint venture, a memorandum of understanding (MOU) addressed to the Purchaser, defining the responsibilities of each member as prescribed in the enclosed Annexure J, between the parties involved in the consortium/ joint venture duly notarized in India is required to submit along with the bid. Alternatively, bidder may submit joint bidding agreement (JBA) as prescribed in the enclosed Annexure ‘K’.

5.2 Power of Attorney : The Bidder should submit a Power of Attorney as per the format at Appendix-G for

single entity or Consortium, authorising the signatory of the Bid to commit the Bidder. In the case of a Consortium, the Members should submit a Power of Attorney in favour of the Lead Member as per format at Appendix-H.

5.3 Spares : The manufacturer shall ensure continuous supply of spares and technical support

to Indian Railways for the period of MOU/JBA. 5.4 Consignee The consignee will be Sr.DEE(G) /DEE(G) , in charge of the site where escalator is

to be commissioned. 5.5 Payment Schedule : The payment shall be made by FA&CAO of the zonal Railway where escalator

has been commissioned. The payment shall be made as under - i) 60% of payment after inspection by representative of Railways at works and

proof of dispatch. ii) 20% of payment after successful erection, testing and commissioning of

Escalators at site on certification by consignee. iii) 20% of payment after one month of successful trial of escalator at site after date

of commissioning on certification of the consignee after submitting of bank guarantee of 10% value of the stores supplied and commissioned towards warranty as per para 24 of RDSO specification as per Annexure-P.

iv) Payment of AMC charges will be made on quarterly basis

5.6 Special conditions 5.6.1 The contractor has to visit site and submit suitable site specific layout for approval

of consignee. 5.6.2 The bidder must visit the sites to know exact amount of work involved before

quoting. 5.6.3 Public Sector Undertakings are eligible for purchase preference as per provision of

Government’s policy.

5.7 Inspection 5.7.1 All materials will be subject in Inspection and test by the purchaser or his

representative at the contractor works before dispatch and no material shall be dispatched from the contractor works until these are inspected and approved. The materials may also be inspected by the Purchaser or his representatives again at the Contractor’s depot/works site. The Purchaser or his representatives shall have


the right to be present during all stages of manufacture, and shall be provided free of charge all reasonable facilities for inspection and testing so as to satisfy himself/themselves that the materials are in accordance with specifications, approved drawings and designs. Any unreasonable delay in inspection will be a reasonable ground for extension of time for completion of work.

5.7.2 Not less than one month notice in writing shall be given by the contractor to the Purchaser for inspection and testing.

5.7.3 All the inspection at site pertaining to erection, testing, commissioning of escalators will be carried out by authorized representative of consignee.

5.7.4 Type approval, if required and stage inspection, approval at contractor’s premises will be carried out by authorized representative such as RDSO or any person authorized by Ministry of Railways, Railway Board.

5.8 Installation : All installation work will be subject to inspection by the consignee or its

representative to ensure that the work is done in accordance with the specification and drawing.

5.9 Designs and drawings : The contractor shall furnish at his own expense all calculations, designs, drawings,

explanatory notes, schedule information, procedure for approval and submission of drawings and designs for approval to RDSO.

5.10 Loading and unloading of heavy materials : The contractor shall make his own arrangements for loading or unloading of all

materials at his depot or at worksites. Railway may facilitate the contractor whenever required.

5.11 Monthly progress report : The contractor shall furnish during the first week of every calendar month, a

progress showing progress of finalization of designs and drawings, materials received at site and the works carried out during the preceding months. As far as possible the presentation shall be neat and tabulation from accompanied by coloured diagram wherever applicable.

5.12 Availability of escalators :

5.12.1 The escalators shall be available for 95% time during warranty and AMC period. 5.12.2 The availability is defined as escalators available for use on hourly basis and will

be calculated on quarterly basis. The log of availability will be maintained by the consignee.

5.13 Penalty clause : 5.13.1 During Warranty period : Penalty shall be levied on the bidder for maintaining availability below the limit of

95%. Penalty shall be calculated as % age of cost of escalator including cost of commissioning on quarterly basis.

Availability

Slab Applicable Penalty

95% to 90% 0.5% for every 1% (or part of) reduction in availability of


Below 90%

escalator 1% for every 1% (or part of) reduction in availability of escalator maximum upto Rs.3 lakhs per escalator per year

5.13.2 During AMC Period : Penalty shall be levied on the bidder for maintaining availability below the limit of

95%. Penalty shall be calculated as % age of quarterly payment as given below and will be deduced from the respective quarterly payments. Penalty calculation will be done over quarterly payment period.

Availability Slab

Applicable Penalty

95% to 90% Below 90%

0.5% for every 1% (or part of) reduction in availability of escalator. For every 1% (or part of) reduction in availability of escalator maximum upto quarterly AMC charges as per AMC contract per quarter.

5.14 Training :

The contractor shall impart training as per clause 27 of RDSO technical specification. The training shall be provided for 250 man days at 5(five) mutually agreed locations . The boarding & lodging arrangement shall be the responsibility of Railways however transport to training site, if required, shall be provided by Contractor.

5.15 Responsibilities of each of the member of consortium :

The MOU/JBA in case of consortium/Joint Venture should define at least following responsibilities of each of the member of consortium:

a. At least first 10 escalators shall be installed and commissioned under the direct

supervision of the Manufacturer and subsequent escalators can be erected and commissioned by the member, who shall be associated with the erection and commissioning of the above 10 escalators and ensure that their personnel are trained by the Manufacturer and a certificate is issued by the Manufacturer that the personnel have been trained and are competent to undertake the work of erection and commissioning.

b. The consortium/joint venture shall own the complete responsibility for

undertaking the design, manufacture, supply, installation, commissioning, maintenance, after sales service of the escalators and supply of spares for the period of 10 years.

c. The manufacturer shall ensure continuous supply of spares through any

member of consortium and will ensure technical support to Indian Railways for the period of10 years.

d. The consortium shall undertake the responsibility of imparting necessary

training and support to the personnel of the Railways.


e. The members of the Consortium shall be jointly and severally liable and responsible for the purpose of this tender and execution of the work.

f. Each consortium will nominate a lead bidder/lead member who shall be

responsible for submitting the bid and interaction with the Indian Railways. g. The MOU shall be valid at least for a period of 10 years.

5.16 the Purchaser reserves the right to reject any bid which is non-responsive and no

request for alteration, modification, substitution or withdrawal shall be entertained by the Purchaser in respect of such bid.

5.17 Warranty : 5.17.1 The contractor shall submit a bank guarantee of 10% value of the stores supplied

and commissioned while claiming last 20% payment, after one month of successful trial of escalator at site after date of commissioning as per clause 5.5 of special condition of contract, towards warranty as per para 24 of RDSO specification.

5.17.2 The Bank Guarantee fully indemnifying the purchaser against all losses incurred by

the purchaser during the warranty period stipulated in the warranty clause is to be submitted as per Annexure-P.


ANNEXURE-A OFFER FORM FOR TECHNICAL BID To The President of India, through The Executive Director, Railway Stores(P), Ministry of Railways (Railway Board), Rail Bhavan, Raisina Road, New Delhi-110 001. Ref: Tender No. Sir, (The following information shall be summerised in the offer latter :- ) 1. Name of bidder - single entity / consortium/ joint venture

2. Lead Member & other members of consortium/ joint venture, if applicable-

3. Manufacturers of escalator- certification of manufacturing of escalator to be

attached. 4. We are equipped with adequate machinery for production, quality control and testing of the materials manufactured and used by us. We certify that we fully

comply with the eligibility criteria in clause 5.0 of the ‘Special Condition of Contract’. 5. PLACE OF MANUFACTURE: _______________ 6. We agree in the Warranty/Guarantee clause as per clause 24 of RDSO Spec.. 7. We enclose the following statements as required by you. 7.1 Statement of deviations from Indian Railways Standard Specifications (Annexure-B) (Send a NIL STATEMENT if there is no deviation). 7.2 Statement of deviations from the tender terms and General & Special conditions of

contract (Annexure-C) (Send a NIL STATEMENT if there is no deviation). 7.3 Performance statement (Annexure-D-(i), D(ii)) and Financial Capacity of the Applicant -

Annexture D-(iii) .

7.4 Proforma for equipment and quality control (Annexure-E). 7.5 Proforma for production capacity (Annexure-F). 7.6 Proforma for Power of Attorney for signing of Application (Annexure - G) 7.7 Proforma for Power of Attorney for Lead Member of Consortium (Annexure - H) 7.8 Proforma of Bank Guarantee for bid guarantee/ earnest money (Annexure - I ) 7.9 MOU (Annexure -J ) 7.10 Joint Bidding Agreement (Annexure- K ) 7.11 Proforma of bank guarantee for contract performance guarantee bond/ security deposit

(Annexure- O)


7.12 Proforma of bank guarantee for 10% contract value towards warranty guarantee (Annexure- P)

8. VALIDITY 8.1 We agree to keep our offer valid for acceptance for a period of 180 days from the

date of the opening of technical Bid and shall be bound by a communication of acceptance within the time.

9.0 We have read and understood the terms of the Indian Railway Standard Conditions

of contract (latest revision) and also the terms of the invitation of tender and instructions to bidders and undertake to supply the stores as per these terms. The deviations from the above terms and conditions are only those mentioned in relevant annexures.

Signature of Bidder Address Date: Telephone No. Telegraphic Address: (* See item No.5 of the invitation to tender) Encls: as per 8 above.


ANNEXURE- B STATEMENT OF DEVIATION FROM STANDARD SPECIFICATION TENDER NO.______________________ DATE ____________________ NAME OF BIDDER __________________________INDIAN RAILWAYS

ITEM NO. DESCRIPTION PARTICULARS OF REMARKS DEVIATIONS.

Signature of Bidder


ANNEXURE- C

STATEMENT OF DEVIATION FROM TERMS AND CONDITIONS OF THE TENDER

TENDER NO.______________________ DATE ____________________ NAME OF BIDDER __________________________INDIAN RAILWAYS SL.NO. REFERENCE TO TERMS AND DEVIATIONS IN REMARKS CONDITIONS OF TENDER THE OFFER

Signature of Bidder


Annexure D-(i) Performa for details of supply & commissioning of escalators in last 5 years

The information as sought in para 5.1.2 of eligibility criteria shall be furnished in the following format:

Year wise commissioning details of escalators Remarks

01.04.2005 to

31.03.2006

01.04.2006 to

31.03.2007

01.04.2007 to

31.03.2008

01.04.2008 to

31.03.2009

01.04.2009 to

31.03.2010

Y5 X5 Y4 X4 Y3 X3 Y2 X2 Y1 X1

SN

P.O./Contract

No. with date

P.O./Contract

quantity

Customer

Name &

Address

Application

(Rlys/Metro/

Airport/ any

other) No

supplied

Nos commissione

d

No supplied

Nos commissi

oned

No suppli

ed

No suppli

ed

No supplied

Nos commissioned

No supplied

Nos commissi

oned

1 2 3 A Total B Total supply in last 5 years

(Y1+Y2+Y3+Y4+Y5)

C Total Commissioned in last 5 years (X1+X2+X3+X4+X5)

Note: 1. Supporting documents e.g P.O, proof of supply & commissioning/performance etc. to be enclosed. All documents

shall be in English. If documents are in languages other than English, a true translation of above key information duly certified shall also be submitted.

2. Date of supply would mean date of receipt of escalator by the consignee/ end user and shall be supported by relevant certificate

3. Date of commissioning would mean completion of testing & commissioning and shall be supported by relevant commissioning document

P.O.- Purchase order


Signature of Bidder Annexure D-(ii)

Performa for details of supply/commissioning of escalators against each Purchase Order The information as sought in 5.1.2 of eligibility criteria shall be furnished in the following format: 1. P.O./Contract No. with date : 2. P.O./Contract quantity 3. Customer Name & Address 4. Year wise supply & commissioning details of escalators:- SN Application (Rlys/Metro/

Airport/ any other) Month of supply

Nos supplied Supporting documents- No , date, page reference etc enclosed

Total

SN Application (Rlys/Metro/

Airport/ any other) Month of commissioning

Nos commissioned

Supporting documents- No , date, page reference etc enclosed

Total

Note: 1. Supporting documents e.g P.O, proof of supply & commissioning/performance etc. to be enclosed. All documents

shall be in English. If documents are in languages other than English, a true translation of above key information duly certified shall also be submitted.

2. Month of supply would mean month of receipt of escalator by the consignee/ end user and shall be supported by relevant certificate

3. Month of commissioning would mean completion of testing & commissioning and shall be supported by relevant commissioning document

Signature of Bidder


ANNEX-D-(iii) Financial Capacity of the Applicant

(Refer to Clauses 5.1.4

(In Rs. crore)

Net turn over (Rs crores) Bidder

Year1 (i)

Year2 (ii)

Year3 (iii)

Total turn over (Rs crores)

(i)+(ii)+(iii)

Avg. turn over (Rs crores)

(i) If single entity

Single entity

(ii) If Consortium/JV

Lead Member – Name & country

Member 1- Name & country

Member 2- Name & country

TOTAL

Instructions: 1. The Financial Year would mean the Financial Year of the bidder country. Year 1

will be the latest completed Financial Year, preceding the bid opening date. Year 2 shall be the year immediately preceding Year 1 and so on. In case the bid opening date falls within 3 months of the close of latest Financial Year of the bidder, it shall ignore such Financial Year for the purpose of its bid and furnish all its information and certificates with respect to the 3 years preceding last Financial Year.

2. As a support of above details, the bidder (single utility)shall submit certificate(s) duly signed by its statutory auditor. In case of JV/Consortium, certificate(s) for all individual members shall be submitted by their respective statutory auditor and this annexure shall be signed by Lead Member.

Signature of Bidder


ANNEXURE- E PROFORMA FOR EQUIPMENT AND QUALITY CONTROL Tender No. ………………………………Date ………………………….. Name of the firm ………………………………………………………………… ( Note : All details required only for the items tendered) 1. Name & address of the firm: 2. Telephone No. Office/Factory/Works. 2.1 Telegraphic Address. 3. Location of the Manufacturing Factory. 4. Details of Plant and Machinery executed and function in each department

(Monographs & description pamphlets) be supplied, if available. 5. Details and stocks of raw material held. 6. Production capacity of item(s) quoted for, with the existing plant and

machinery. 6.1 Normal. 6.2 Maximum. 7. Details of arrangement for quality control of products such as laboratory

etc. 8. Details of Technical Supervisory staff-in-charge of production and quality

control. 8.1 Skilled labour employed. 8.2 Un-skilled labour employed. 8.3 Maximum number of workers (Skilled & un-skilled) employed on any day

during the 19 months preceding the date of bid. 9. Whether stores were tested to any standard specification, if so, copies of

original test certificates should be submitted in triplicate. 10. Are you registered with the Directorate General of Supplies and Disposals,

New Delhi, for these stores, if so, furnish full particulars of registration period of currency etc.

Signature of Bidder


ANNEXURE- F

PROFORMA FOR PRODUCTION CAPACITY TENDER NO. & DATE ……………………………………………………….. 1. Name & address of the Manufacturer 2. Location of the Factory. 3. (a) The installed monthly capacity for escalator is _______________

and the type of escalator covered in this tender is_____________. (b) For the type of escalator covered in this tender, indicate the

capacity separately on a single shift basis and on multiple shift basis, if so worked.

4. What is the average monthly production of escalator during the last 5 (five)

years on single shift basis ? 5. What is the existing load for escalator production ? 6. How much of the above is covered by order of the Railways ? 7. What portion of the actual production capacity will be reserved for this

contract ? This should be indicated clearly in terms of number of items or stores per month.

8. Have you supplied the stores tendered for or other identical items in the

past ? If so, details of supplies in the last 12 months may be furnished.

(1) Description (2) Total quantity ordered.

(3) Total quantity supplied.

(4) Total quantity pending on the date of tendering. Signature of the Bidder.


Annexure G Power of Attorney for signing of Application

(Refer Clause 2.2.5) Know all men by these presents, We…………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr/ Ms (name), …………………… son/daughter/wife of ……………………………… and presently residing at …………………., who is (presently employed with us/ the Lead Member of our Consortium and holding the position of ……………………………. ), as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our application for submission of our bid for Design, supply erection, testing and commissioning of escalators at various stations on Indian Railway proposed or being developed by the Ministry of Railways (the “Purchaser”) including but not limited to signing and submission of all applications, bids and other documents and writings, participate in Pre- Purchaser and other conferences and providing information/ responses to the Purchaser, representing us in all matters before the Purchaser, signing and execution of all contracts including the Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the Purchaser in all matters in connection with or relating to or arising out of our bid for the said Project and/ or upon award thereof to us and/or till the entering into of the Agreement with the Purchaser. AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………., 2……..

For …………………………..

(Signature)


Page 2 (Name, Title and Address)

(Signature, name and designation of the authorised signatory) Witnesses:

1.

(Notarised) 2. Accepted …………………………… (Signature) (Name, Title and Address of the Attorney) Notes: The mode of execution of the Power of Attorney should be in accordance with

the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

Wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Applicants from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.


ANNEXURE H Power of Attorney for Lead Member of Consortium

(Refer Clause 2.2.5) Whereas the Ministry of Railways (“the Purchaser”) has invited applications from interested parties for the Application for Design, supply erection, testing and commissioning of escalators at various stations on Indian Railway as per RDSO specification no. RDSO/PE/SPEC/TL/0095-2008 Whereas, …………………….., …………………….., …………………….. and …………………….. (collectively the “Consortium”) being Members of the Consortium are interested in bidding for the bid in accordance with the terms and conditions of the bid document and Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead Member with all necessary power and Purchaser to do for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s bid for the bid and its execution. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS We, …………………….. having our registered office at …………………….., M/s. …………………….. having our registered office at …………………….., M/s. …………………….. having our registered office at …………………….., and …………………….. having our registered office at …………………….., (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorise M/S …………………….. having its registered office at …………………….., being one of the Members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (hereinafter referred to as the “Attorney”). We hereby irrevocably authorise the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the Consortium and any one of us during the bidding process and, in the event the Consortium is awarded the contract, during the execution of the bidt and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental to the pre-qualification of the Consortium and submission of its bid, including but not limited to signing and submission of all applications, bids and other documents and writings, participate in bidders and other conferences, respond to queries, submit information/


Page 2 documents, sign and execute contracts and undertakings consequent to acceptance of bid of the Consortium and generally to represent the Consortium in all its dealings with the Purchaser, and/ or any other Government Agency or any person, in all matters in connection with or relating to or arising out of the Consortium’s bid and/ or upon award thereof till the Agreement is entered into with the Purchaser. AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us/ Consortium. IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……….. DAY OF ……….2………..

For …………………….. (Signature)

…………………….. (Name & Title)


…………………….. (Name & Title)


…………………….. (Name & Title)

Witnesses: 1. 2. ……………………………………… (Executants) (To be executed by all the Members of the Consortium) Notes: The mode of execution of the Power of Attorney should be in accordance with

the procedure, if any, laid down by the applicable law and the charter


documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

Also, wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Applicants from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.


Annexure I

PROFORMA OF BANK GUARANTEE FOR BID GUARANTEE

(On Bank’s Letter Head with Adhesive stamp)

Ref…………… Date………….

Bank Guarantee No………

To, The President Of India Acting through the Executive Director, Railway Stores (P), Ministry of Railways(Railway Board) Rail Bhavan, New Delhi-110001.

Dear Sir,

In accordance with your invitation to tender No……………………. for supply of ………………..M/s…………………………hereinafter called the bidder with the following Directors on their Board of Directors/Partners of the firm:

1. 2.

3. 4.

Wish to participate in the said tender for the supply of …………………………………

As a Bank Guarantee against Bid Guarantee for a sum of ……………………… .( in words and figures) valid for (180 ) one hundred eighty days from …………….. required to be submitted by the bidder as a condition for the participation, this Bank hereby guarantees and undertakes during the above said period of (225) two hundred and twenty five days to immediately pay, on demand by the Executive Director, Railway Stores (P), Ministry of Railways ( Railway Board), New Delhi-110001, INDIA, in writing the amount of ………………………………………..( in words and figures) to the said Executive Director, Railway Stores (P), Ministry of Railways (Railway Board), New Delhi-110001, INDIA and without any reservation and recourse if :


(i) the bidder after submitting his tender, modifies the rates or any of the terms and conditions thereof, except with the previous written consent of the purchaser; or

(ii) the bidder withdraws the bid within 225 days after opening of bid; or

(iii) the bidder having not withdrawn the bid, fails to execute the contractual documents within the period provided in the contract; or

(iv) having executed the contracts fails to give the bonds so aforesaid within the period provided in the contract.

This guarantee shall be irrevocable and shall remain valid upto 4.00 PM on ……………….if further extension to this guarantee is required, the same shall be extended to such required period on receiving instructions from M/s………………………………. on whose behalf this guarantee is issued.

Date

Place

Witness Signature………………….

Printed name……………….

(Designation)

………………………

(Bank’s common seal)


ANNEXURE J

Requirement to be met in case of MOU : The MOU in case of consortium/Joint Venture should define at least following responsibilities of each of the member of consortium:

a. At least first 10 escalators shall be erected and commissioned under the direct supervision of the Manufacturer and subsequent escalators can be erected and commissioned by the member, who shall be associated with the erection and commissioning of the above 10 escalators and ensure that their personnel are trained by the Manufacturer and a certificate is issued by the Manufacturer that the personnel have been trained and are competent to undertake the work of erection and commissioning.

b. The consortium/joint venture shall own the complete responsibility for

undertaking the design, manufacture, supply, installation, commissioning, maintenance, after sales service of the escalators and supply of spares for the period of MOU.

c. The manufacturer shall ensure continuous availability of spares through any member of consortium and will ensure technical support to Indian Railways for the period of MOU.

d. The consortium shall undertake the responsibility of imparting necessary

training and support to the personnel of the Railways. e. The members of the Consortium shall be jointly and severally liable and

responsible for the purpose of this tender and execution of the work.

f. Each consortium will nominate a lead bidder/lead member who shall be responsible for submitting the bid and interaction with the Indian Railways.

g. The MOU shall be valid at least for a period of 10 years. Note: The other additional conditions, if any, in the MOU shall not be contradictory to the above conditions.


ANNEXURE K

Joint Bidding Agreement

(To be executed on Stamp paper of appropriate value) THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20… AMONGST 1. {………… Limited, a company incorporated under the Companies Act,

1956} and having its registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND 2. {………… Limited, a company incorporated under the Companies Act,

1956} and having its registered office at ………… (hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and permitted assigns) : : :

The above mentioned parties of the FIRST, SECOND,…. PART are collectively referred to as the “Bidder” and each is individually referred to as a “Member”.

WHEREAS, (A) THE MINISTRY OF RAILWAYS, GOVERNMENT OF INDIA, represented by its Executive Director, Railway Stores (P) Railway Board and having its principal offices at Rail Bhavan, Raisina Road, New Delhi-110001 (hereinafter referred to as the “Purchaser” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) has invited bids (the Bids”) for supply and maintenance of Escalators (the “Tender”). (B) The Bidder are interested in jointly bidding for the Tender as members of a Consortium and in accordance with the terms and conditions of the bid documents in respect of the Tender, and NOW IT IS HEREBY AGREED as follows: 1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the meaning ascribed thereto under the TENDER.


2. Consortium 2.1 The Bidder do hereby irrevocably constitute a consortium (the

“Consortium”) for the purposes of jointly participating in the Bidding Process for the Tender.

2.2 The Bidder hereby undertake to participate in the Bidding Process only through this Consortium and not individually and/ or through any other consortium constituted for this Tender, either directly or indirectly or through any of their Associates.

3. Role of the Bidder The Bidder hereby undertake to perform the roles and responsibilities as described below: (a) Party of the First Part shall be the Lead member of the Consortium.

He shall have the power of attorney from all Bidder for conducting all business for and on behalf of the Consortium during the Bidding Process ;

(b) Party of the Second/Third Part shall be Manufacturer of escalator/Indian partner/ Finance firm of the Consortium serving;

4. Special condition for roles of Members: (a) At least first 10 escalators shall be erected and commissioned

under the direct supervision of the Manufacturer and subsequent escalators can be erected and commissioned by the member/ members , who shall be associated with the erection and commissioning of the above 10 escalators and ensure that their personnel are trained by the Manufacturer and a certificate is issued by the Manufacturer that the personnel have been trained and are competent to undertake the work of erection and commissioning.

(b) The consortium shall own the complete responsibility for undertaking the design, manufacture, supply, erection, commissioning, maintenance, after sales service of the escalators and associated equipments for the period of 10 years.

(c) The member of the consortium shall ensure continuous availability of

spares through any member of consortium and will ensure technical support to Indian Railways for the period of 10 years.

(d) The consortium shall undertake the responsibility of imparting

necessary training and support to the personnel of the Railways.

(e) This arrangement shall be valid at least for a period of 10 years. 5. Joint and Several Liability

The Bidder do hereby undertake to be jointly and severally responsible for all obligations and liabilities relating to the Tender and in accordance with


the terms of the bidding document and the Agreement, till such time as the Agreement comes into force and effect.

6. Representation of the Bidder Each Party represents to the other Bidder as of the date of this Agreement

that: (a) Such Party is duly organised, validly existing and in good standing

under the laws of its incorporation and has all requisite power and Purchaser to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been authorised by all necessary and appropriate corporate or governmental action and a copy of the extract of the charter documents and board resolution/ power of attorney in favour of the person executing this Agreement for the delegation of power and Purchaser to execute this Agreement on behalf of the Consortium Member is annexed to this Agreement, and will not, to the best of its knowledge: (i) require any consent or approval not already obtained; (ii) violate any Applicable Law presently in effect and having

applicability to it; (iii) violate the memorandum and articles of association, by-laws

or other applicable organisational documents thereof; (iv) violate any clearance, permit, concession, grant, license or

other governmental authorisation, approval, judgement, order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of its Affiliates is a party that presently affects or which would have a material adverse effect on the financial condition or prospects or business of such Party in the fulfillment of its obligations under this Agreement.


7. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and effect until the Agreement comes into effect and force, in case the Tender is awarded to the Consortium. However, in case the Consortium is either not pre-qualified for the Tender or does not get selected for award of the Tender, the Agreement will stand terminated in case the Bidder is not pre-qualified or upon return of the Bid Security by the Purchaser to the Bidder, as the case may be.

8. Miscellaneous 8.1 This Joint Bidding Agreement shall be governed by laws of India. 8.2 The Bidder acknowledge and accept that this Agreement shall not be

amended by the Bidder without the prior written consent of the Purchaser. Note: The other additional conditions in para 4. above of the Special conditions, if any, in the JBA shall not be contradictory to the any of the conditions specified in this document. IN WITNESS WHEREOF THE BIDDER ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of LEAD MEMBER by: SECOND PART

(Signature) (Signature) (Name) (Name) (Designation) (Designation) (Address) (Address)

Notes: 1. The mode of the execution of the Joint Bidding Agreement should be

in accordance with the procedure, if any, laid down by the Applicable Law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and documents such as resolution / power of attorney in favour of the person executing this Agreement for the delegation of power and Purchaser to execute this Agreement on behalf of the Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised by the Indian Embassy and notarized in


the jurisdiction where the Power of Attorney has been executed. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.

**********


Annexure-L

OFFER FORM FOR COMMERCIAL BID

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS

(RAILWAYBOARD) To, THE PRESIDENTOF INDIA, acting through the Executive Director Railway Stores (P), Ministry of Railways, Railway Board. New Delhi-110001

OFFER FORM for Tender No.....,...........................Date of opening........................Time..................Hours 1. We..............................hereby certify that we are established firm of

manufacturers and authorised agents of M/s.............................. . .with factories at ................... ................................. which are fitted with modern equipment and where the production methods, quality control and testing of all materials and parts manufactured or used by us are open to inspection by the representative of Indian Railways. We hereby otter to supply the following items at the prices and within the period of delivery indicated below :

Item No

Description

Specification

Unit

Qty

Price per unit

Total value of offer (in Indian Rupees)*

Terms of payments

Delivery period

Break-up of Price in Column-6 (In Indian Rupees) See table below

Break-up of Price in Column-11 (In Indian Rupees) See table below

Gross weight and dimensions of package per unit

1 2 3 4 5 6 7 8 9 10 11 12 *without AMC charges. Ex factory price

Excise Duty

Other levies

Sales tax

Packing and forwarding in detail

F.O.R station of dispatch price

Freight to destination

Insurance charges(if any)

F.O.R. Destination price

Civil work install Ation & Commi Ssioni-ng

Total (in Indian Rupees

A B C D E F G H I J K AMC charges per year. Taxes on AMC charges(If any)

Note:- FOR Station of dispatch price will be compared with landed price at port of imported offer.


11 C.I.F. value of imported equipment/ components

Duties on 11a

Other levies

Incidentals Value added component in India Total Ex-factory price

Country of origin from where components are imported

A B C D E

F g

Stores Labour Overheads & others

Value in Indian Rs. %age

2. It is hereby certified that we have understood the Instructions to Tenderers, and also the General and Special Conditions of Contract attached to the tender and have thoroughly examined specifications drawings and/or patterns quoted in the ‘Schedule of Requirements’ and are thoroughly aware of the nature of stores required and our offer is to supply stores strictly in accordance with the requirements and according to the terms of the tender. We agree to abide solely by the General and Special Conditions of Contract and other conditions of the tender in accordance with the tender documents if the contract is awarded to us. 3. We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the acceptance of tender at the price quoted and agree to hold this offer open for acceptance for a period of 180 days from the date of opening of tender, We shall be bound by the communication of acceptance despatched within the prescribed time.

Dated..................... .......................

Signature and seal of Manufacturer/Tenderer Note.— (i) The Tenderers may prepare their own offer forms as per this proforma. (ii). No change in the proforma is permissible.

(iii) No erasures or alterations in the text of the offer are permitted. Any correction made in the offer shall be initialled by the tenderer. (iv) Please refer to of instructions to Tenderers before filling column 8. (v) FIGURES IN Columns 6 to 9 (both inclusive) should be in both figures and words.


Annexure-M TENTATIVE LOCATION OF ESCALATORS

1. Northern Region 1 Nizamuddin PF No.1 First FOB TKD end (i) Upward

(ii) Downward 7.0 m 7.0 m

2 Lucknow Ist class Portico Main Hall FOB landing

(i) Upward (ii) Downward

5.6 m 5.6 m

3 Delhi Main PF No. 1-A, First FOB, Gahizabad end


6.0 m 6.0 m

4 Varanasi Concourse main PF (i) Upwards (ii) Downwards

5.0 m 5.0 m

5 Ludhiana PF No. 1 (i) Upwards (ii) Downwards

6.0 m 6.0 m

6 Amritsar Near retiring room PF -1 (i) Upwards (ii) Downwards

6.0 m 6.0 m

7 Ambala Cantt PF No. 1 FOB No. 1 DLI end (i) Upwards (ii) Downwards

6.0 m 6.0 m

8

NR

Faridabad Towards station building side (i) Upwards (ii) Downwards

7.0 m 7.0 m

9 Allahabad PF -1 Delhi end (i) Upward (ii) Upward

6.20 m 6.20 m

10 Kanpur PF – 1 Howrah end (i) Upward (ii) Upward

6.70 m 6.70 m

11

NCR

Agra Cantt PF No.1 with FOB at AGC end (i) Upward (ii)Downward

6.3 m 6.3 m

12 NER Gorakhpur (i) PF No.1 At FOB No.1 land(ii) PF No.2 At FOB No.2 land

(i) Upward (ii) Upward

6.90 m 7.0 m

13 Jaipur PF -1, BKI end (i) Upward (ii) Down ward

5.0 m 5.0 m

14

NWR

Ajmer Circulating area PF-1


6.00 m 6.00 m

* Approximate 2. Western Zone 1 Dadar

(i) PF No.6 to common pconnecting FOB no. 3 and FOB No.4 (ii) PF no. 3-4, (FOB -05) at Kalyan end

(i) upwards (ii)Upwards

(i) 7 m (ii) 5.5 m

2

CR

Kalyan

(i) PF no. 4 & 5 to connecting new FOB(Kasara end) (ii) PF no. 4 & 5 to connecting new FOB(Mumbai end)

(i) Upwards (ii) Upwards

(i) 7 m (ii) 7 m


3 Thane (i) PF no. 11 to FOB no. 03 (near East entry (ii) PF no. 11 to FOB no. 03 (near East entry )


(i) 7 m (ii) 7 m

4 BRC (Vadodara)

PF-7 (i) Upwards (ii) Downwards

6.0 m 6.0 m

5 Ahmedabad PF -1 (i) Upwards (ii) Downwards

6.35m 6.35 m

6 Surat PF No.1,


6.5 m 6.5 m

7 Ratlam PF No.7 (i) Upward (ii) Downward

6.2 m 6.2 m

8 Andheri PF -1 (i) Upward (ii) Downward

6.5 m 6.5 m

9

WR

Borivali PF -1 (i) Upward (ii) Downward

6.5 m 6.5 m

3. Southern Zone

1 Thiruvananthap- uram Central (TVC)

(i)PF 1 (connecting old FO(ii) PF 2& 3 (Connecting old FOB)

(i)UP wards (ii) UP wards

5.55 m 5.55 m

2 Coimbatore (CBE)

(i) PF 1-A (ii) PF 3&4


5.5 m 5.5m

3 Kozikode (i) PF No.1 (ii) PF No.1

(i) Up ward (ii) Downward

5.9 5.9

4

SR

Ernakulum (i) PF No.1 (ii) PF No. 2 & 3


5.65 5.68

5 Secunderabad (i)FOB towards Hyderabaend (ii) middle FOB PF 10 & stair case


6.0 m 6.6 m

6

SCR

Tirupati (i) PF-1 (ii) PF 2&3


5.75 m 5.75

7 Bangalore (i) PF No.1 (ii) PF No. 1


5.6 m 5.6 m

8

SWR

Bangalore (i) PF No.5 (ii) PF No. 5

(i) Up ward (ii) Downward

6.4 m 6.4 m

9 ECORVisakhapatnam (i) PF 1 (ii) PF 6


6.25 m 6.25 m


4. Eastern Zone 1 Sealdah Subway (i) Upward

(ii) Down ward 5.4 m 5.4 m

2 Asansol PF No.2 HWH end (i) Upward (ii) Down ward

5.5 m 5.5 m

3

ER

Durgpur PF No.1 (KLK end) (i) Upward (ii) Down ward

75 m 7.5 m

4 Patna Entry /Exit -2 (i) Upward-1 (ii) Downward-1

7.5 m 7.5 m

5 Dhanbad PF No. 2 & 3 (i) Upward-1 (ii) Downward-1

6.7 m 6.7 m

6

ECR

Muzafarpur PF -1

(i) Upward-1 (ii) Downward-1

6.0 m 6.0 m

7 ECOR

Bhubaneshwa (i) PF- 1 (ii) PF-4


6.25 m 6.25 m

8 Ranchi (i) PF- 2 (ii) PF-3


6.0 m 6.0 m

9

SER

Kharagpur (i) South side booking office (ii)Between PF 1 & 3 (Tata end


7.8 m 7.6 m

10 NFR Guwhati New FOB towards Kamakhya end (North side)


7.3 m 7.3 m

5. Central Region 1 Nagpur (i) At PF no.1Itarsi end

(ii) At east side of Nagpur stat(i) Upward (ii) Upward

4.90 m 6.95 m

2

CR Dombivali PF-1 (i)Upward

(ii) Downwards6.0 m 6.0 m

3 NCR Jhansi At BB end PF No.1

(i)Upward (ii) Downwards

6.0 m 6.0 m

4 BPL PF-1 circulating area old CBS Office

(i) Upwards (ii) Downwards

6.10 m 6.10 m

5 Kota (i) PF 1 (MTJ end) (ii) PF 2/3 (MTJ end)


5.41m 5.41m

6

WCR

Jabalpur (i) PF no.1 (ii) PF No.4


6.0 m 6.0 m

7 Bilaspur PF No.1 (HWH end) PF No. 2/3 (HWH end)

(i)Upwards (ii) Upwards

6.4 m 6.4 m

8

SECR

Raipur PF No. 1 New FOB (HWH end ) PF 2/3 New FOB (HWH end)

(i)Upwards (ii) Upwards

4.2 m 5.04 m


Annexure-N

Tentative location of escalators to be procured under option clause:

Sn Railway Station Nos of escalators 1 NR New Delhi & Delhi 5 2 SCR Vijaywada 2 3 Asansol 2 4 Durgaour 2 5 Howrah 2 6 Bolpur 2 7 Rampurhat 2 8 Malda 2 9

ER

Bhagalpur 2 Total 21


Annexure-O

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE GUARANTEE BOND Ref............... . Date..................................

Bank Guarantee No................ To, THE PRESIDENT OF INDIA. acting through the Executive Director, Railway Stores (P) Ministry of Railway, (Railway Board). Rail Bhawan, New Delhi-110001, INDIA.

1. Against contract vide Advance Acceptance of the Tender

No................................... dated.................................... covering supply of......................................................... (hereinafter called the said ‘contract’) entered into between the President of India and...........................................................................(hereinafter called the ‘Contractor1) this is to certify that at the request of the Contractor we............................................................. Bank Ltd., are holding in trust in favour of the President of India, the amount of........................................ .................................................................. (write the sum here in words) to indemnity and keep indemnified the President of India (Govt. of India) against any loss or damage that may be caused to or suffered by the President of India (Govt. of India) by reason of any breach by the Contractor of any of the terms and conditions of the said contract and/or the performance thereof. We agree that the decision of the President of India (Govt. of India), whether any breach of any of the terms and conditions of the said contract and/or in the performance thereof has been committed by the Contractor and the amount of loss or damage that has been caused or suffered by the President of India (Govt. of India) shall be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith on demand and without demur to the President of India (Govt. of India). 2.We............................ ........................................Bank Ltd., further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for satisfactory performance and fulfilment in all respects of the said contract by the Contractor i.e. till.............................................(viz. the date up to 12 months after the date of last shipment/delivery, of the goods ordered) hereinafter called the ‘said date’ and that if any claim accrues or arises against us.................................... Bank Ltd., by virtue of this guarantee before the said date, the same shall be enforceable against us......................................................Bank Ltd.), notwithstanding the fact that the same is enforced within six months after the said date, provided that notice of any such claim has been given to us.......................................Bank/Ltd., by the President of India (Govt. of India) before the said date. Payment under this letter of


guarantee shall be made promptly upon our receipt of notice to that effect from the president of India (Govt. of India). 3. It is fully understood that this guarantee is effective from the date of the said contract and that we................................................Bank Ltd., undertake not to revoke this guarantee during its currency without the consent in writing of the President of India (Govt. of India).

4. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the Contractor in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payments so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor shall have no claim against us for making such payment. 5. We....................................Bank Ltd., further agree that the President of India(Govt. of India) shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the Contractor from time to time or to postpone for any time or form time to time any of the powers exercisable by the President of India (Govt. of India), against the said Contractor and to for bear or enforce any of the terms and conditions relating to the said contracts and we....................................Bank Ltd., shall not be released from our liability under this guarantee by reason of any such variation or extension being granted to the said Contractor or for any forbearance and/ or omission on the part of the President of India or any indulgence by the President of India >>>>>>>>>> the said Contractor or by any other matter or thing what-so-ever, which under the law relating to sureties, would, but for this provision have the effect of so releasing us from our liability under this guarantee.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or theContractor.

Date........................... Signature.............................

Place........................... Printed Name........................

Witness........................ ........................................ (Designation)

…………………………….

Bank’s Common Seal


Annexure-P PROFORMA OF BANK GUARANTEE FOR 10% CONTRACT VALUE TOWARDS WARRANTY GUARANTEE

To, THE PRESIDENT OF INDIA, acting through the Executive Director, Railway Stores (P), Ministry of Railway, (Railway Board), Rail Bhawan, Raisina Road, New Delhi-110001, INDIA.

Sub.— Guarantee No.......................................for..................... (Amount).

Covering equipment (s) Serial no.....................................................................supplied

to...........,.............................................................(Consignee/s) Ref.— Contract No.........................................................dated..............................

Placed on M/s.......................................................................................... 1. WHEREAS M/s...............................................................one of our

constituents, (hereinafter called the “Sellers”) have agreed to sell to you (hereinafter referred to as the “Government”) Nos. of........................................................................ (give description) as per contract No..................................................................................... dated.........................................................(hereinafter called “the said contract”)

2. AND WHEREAS according to the terms of said contract, it has been stipulated that payment of 10% of the value of the stores would be made, provided that the Sellers furnish to the Purchaser a Bank Guarantee from a recognised bank, acceptable to the Purchaser for 10 per cent of the value of the said contract, valid for a period covering in full the Guarantee Period as per the warranty clause of the said conditions of the contract, being the conditions attached to and forming part of the said contract.

3. AND WHEREAS the Sellers have approached us to give the said Bank Guarantee on their behalf in your favour for an amount representing 10 per cent of the value of (he said contract which you have agreed to accept.

4. That in consideration of the promises and at the request of the said Sellers, we hereby irrevocably undertake and guarantee to pay to the Government of India or at such other place as may be determined by you forthwith on demand and without any demur, any sum upto a maximum amount of........................ representing 10 per cent of the value of the stores despatched under the said contract in case the seller make default in paying the said sum or make any default in the performance, observance or discharge of the guarantee contained in the said contract.

5. We agree that the decision of the Government, whether any default has occurred or has been committed by the Sellers in the performance, observance or discharge of the guarantee aforesaid shall be conclusive and binding on us M/s.................................


6. Government shall be at liberty, from time to time, to grant or allow extension of time or give other indulgence to the said Sellers or to modify the terms and conditions of the contract with the said Sellers without affecting or impairing this guarantee or our liability hereunder.

7. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the Sellers in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. We also undertake to pay to the Government any money so demanded against the Purchaser’s claims in any other contracts placed on the said sellers.

The payment so made by us under this bond shall, be a valid discharge of our liability for payment thereunder and the Sellers shall have no claim against us for making such payment.

8. This bank guarantee comes into force when the balance ten percent of the value of the stores, shipped per Vessel.........................................................vide Bill of Lading No........................ dated.......................................... or R/RNo..............................dated........................ (in the case of indigenous contracts) under the said contract, has been paid and will remain in full force and effect up to..............................i.e. for..............................months counted from the date of placing the stores in service, and shall continue to be enforceable for further five months i.e. up to..................................(date), hereinafter called the said date.

9. This guarantee will not be discharged due to the change in the constitution of the Bank or the Sellers.

10. That no claim under this guarantee shall be entertained by us unless the same has been preferred by the Government within the said dale.

Date........................... Signature............................. Place........................... Printed Name......................... Witness........................ ........................................

(Designation)

Bank’s Common Seal


GLOSSARY Agreement As defined in Clause 1.1.2 Bidder(s) As defined in Clause 1.2.1 Bid As defined in the Disclaimer Bid Due Date As defined in Clause 1.1.5 Associate As defined in Clause 2.2.9 Purchaser As defined in Clause 1.1.1 Bid Security As defined in Clause 1.2.4 Bidding Documents As defined in Clause 1.2.3 Bidding Process As defined in Clause 1.2.1 Conflict of Interest As defined in Clause 2.2.1(c) Consortium As defined in Clause 2.2.1(a) Financial Capacity As defined in Clause 2.2.2 (B) Government Government of India Jt. Bidding Agreement As defined in Clause 2.2.6 (g) Lead Member As defined in Clause 2.2.6 (c) LOA Letter of Award Lowest Bidder As defined in Clause 1.2.8 Member Member of a Consortium Net Worth As defined in Clause 2.2.4(ii) Price As defined in Clause 1.2.8 Re. or Rs. or INR Indian Rupee TENDER DOCUMENT As defined in Clause 1.2.1 Supplier As defined in Clause 1.1.2 Supply Period As defined in Clause 1.1.1 Technical Capacity As defined in Clause 2.2.2 (A)

THE WORDS AND EXPRESSIONS BEGINNING WITH CAPITAL LETTERS AND DEFINED IN THIS DOCUMENT SHALL, UNLESS REPUGNANT TO THE CONTEXT, HAVE THE MEANING ASCRIBED THERETO HEREIN.

of 38 Effective from July 2009 Specification no. RDSO/ PE/ SPEC/ TL/ 0095-2008 (Rev ‘0’) Amdt. 5

lR;eso Tk;rs

Hkkjr ljdkj jsy ea=kky;

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS

vuqla/kku vfHkdYi ,oa ekud laxBu

jsy ea=ky; RESEARCH DESIGNS AND STANDARDS ORGANISATION

MINISTRY OF RAILWAYS

vkj-Mh-,l-vks-@ih-bZ-@Lisd@Vh-,y-@0095&2008 ¼fjoh- 0½ la’kks&5 RDSO/PE/SPEC/TL/0095-2008 (REV ‘0’) Amdt. 5

Hkkjrh; jsy ds fofHkUu LVs'kuks ij ;kf=;ksa ds fy, Lopkfyr lhf<;ka yxkus gsrq rduhdh fof'kf"V

TECHNICAL SPECIFICATION FOR PASSENGER-ESCALATORS TO BE INSTALLED AT VARIOUS RAILWAY-STATIONS OF

INDIAN RAILWAYS

SN Amendment Revision Reason Number Date Number Date 1. 1st 16.12.08 - - Cl. No. 1.7(b), 15.1, 25.1 modified & cl. No. 15.7, 15.8

deleted as per Rly Bd letter no. 98/Elect(G)/150/9/Pt.(Escalator) dt. 15.12.08

2. 2nd 23.04.09 - - Additional para inserted in cl 1.7 and 2.4. Cl 1.5, 2.8, 7.0 & 20.5 modified and Cl 1.7(iv) deleted, as per Rly Bd letter no. 98/Elect(G)/150/9/Pt.(Escalator) dt. 23.04.09

3. 3rd 24.06.09 - - New Clauses 2.4.5, 2.4.6, 2.6.5, 2.5.3, 2.14.4 added; clauses 1.1, 1.5, 2.5.1, 2.5.2, 2.10, 7.0, 9.1.11, 9.2, 10.9, 15.3, 16.1, 27.0 modified and clauses 1.7 b (iii) and 18.0 deleted.

4. 4th 17.07.09 - - Clauses1.1, 1.5, 7.0 amended 5. 5th 27.09.20

10 Clauses No. Index, 1.7b(ii), 2.16, 4.0 ,7.0, 8.0, 9.0 11.0,

12.0, 12.1.1, 12.1.2, 12.1.3, 12.2.1, 12.2.2, 12.2.3, 12.2.5, 12.3.1, 12.3.2, 13.1, 14.0, 20.2, 20.5, 22.3, 23.0, 23.1, 23.2, 24.1, 24.2, 24.3, 24.4, 24.6, 24.8, 25.1, 25.2, 25.3, 26.1, 26.3, 26.6, 26.8.1, 27.0, 27.1, 27.2, 28.1, 28.6, 29.1, Definitions (Part-ii b)Modified & Clause nos.15.0 and 26.4 deleted as per Railway Board letter No. 98/Elect.(G)/150/9/Pt. dated 10.09.10.


INDEX Foreword 4 1.0 Scope 4 2.0 System Details & Schematics (Construction) 5 2.1 Drive Unit 5 2.2 Controller 6 2.3 VVVF Converter 6 2.4 Truss 6 2.5 Balustrade 7 2.6 Hand Rail 7 2.7 Step Tread 7 2.8 Main And Step Chains 8 2.9 Automatic Lubrication Device 8 2.10 Comb Plate 8 2.11 Landing Plate 9 2.12 Key Operated Start Function 9 2.13 Traffic Direction Light 9 2.14 Electrical Works / Item 9 2.15 Grease/ Oil/ Dirt and Water (separate) Collector & Drainage Sumps 9 2.16 General Arrangement/ Layout Diagram 9 3.0 System Operating Conditions 10 4.0 Infringement of Patent Rights 11 5.0 Governing Specifications 11 6.0 Service Conditions 11 7.0 Technical Specifications 12 8.0 Other Key Technical Information Related To Escalator, 13 To Be Supplied By Each Bidder Along With Their Offer 9.0 Safety Devices/ Features Required 14 10.0 General Requirement 20 11.0 Electromagnetic Compatibility Requirement (EMC) 21 12.0 Testing & Inspection 21 12.1 Escalator Type Testing 21 12.2 Escalator Routine Testing 22 12.3 Escalator Pre-Dispatch Verification of Packing List 22 13.0 Escalator Installation and Final Acceptance Testing 22 14.0 Withdrawal of Approval 23 15.0 Deleted 23 16.0 Lighting 23 17.0 Accessibility 24 18.0 Inspection Doors 24 19.0 Movement Of Material 24 20.0 Installation & Commissioning 24 21.0 Labeling And Marking 25 22.0 Packing, Shipping And Delivery 25 23.0 On-Site Support To Contractor 25 24.0 Warranty 26 25.0 After sales services 27 26.0 Maintenance 27 27.0 Training Program 28


28.0 Operation And Maintenance Manuals 29 29.0 Quality Assurance 29 Annexure-1 30 Annexure-2 31 Annexure-3 33 Definitions 37


TECHNICAL SPECIFICATIONS FOR PASSENGER-ESCALATORS TO BE INSTALLED AT VARIOUS RAILWAY-STATIONS OF INDIAN RAILWAYS

FOREWORD

This specification defines the objective, guidelines and requirement for the design, manufacture, supply, installation, testing and commissioning of heavy duty escalators at Stations of Indian Railways.

1.0 SCOPE 1.1 This specification covers design, manufacture and supply at site, installation,

testing & commissioning of heavy-duty, reversible escalator to be provided at the Railway Stations of Indian Railways for semi outdoor application. Railway shall provide adequate shade on the top and extended on the sides of the escalators, to prevent it from rain etc.

1.2 The Escalator shall be of State-of-the-art technology, having nominal step

width of 1000mm with appropriate numbers of horizontal Steps on top & bottom, with maximum carrying capacity calculated as per EN115-1:2008 of 100 passengers per minute at nominal speed of 0.5 m/sec in normal operation complete with all safety features and shall comply with International Standards EN-115 with latest version.

1.3 Escalators shall be heavy duty, reversible type and capable of operating

safely, smoothly and continuously for a period of not less than 20 hours a day, seven (7) days a week with a alternating passenger load reaching 100% of Load (120 kgs per step) for 6 hours and 50% load for the remaining hours, both distributed over two-thirds of the number of steps provided, within the environmental conditions as stated in the specification and at the location where the escalators are to be installed.

1.4 The vertical-height of foot-over-bridge (passenger walking-level) from the Ground-level, at any of the above-mentioned Escalator Installation Points are generally varying between 5.0 meter to 7.0 meter at the different Railway Stations and in exceptional cases, it may be around 4.5 meter or 8.0 meter.

1.5 The angle of inclination of escalator shall be 30° and minimum transition

radius shall be 2.6 meters at the upper landing and 2.0 meters at the lower landing” as per the requirement of EN 115.

1.6 The purchaser/ user railways shall furnish the exact information by filling all the entries, as per the format given in Annexure 1.

1.7 The scope of work shall include but not be limited to the following works:-

a) Provision of escalators in stations for passenger movements. b) All associated civil works for


i) Providing pits for housing escalator motors etc. ii) Support for taking load of escalator in the middle of escalator The Contractor shall interface and co-ordinate with the agency undertaking the associated civil works such as FOB extension. The complete responsibility of interfacing and co-ordination shall be of the contractor till final commissioning and handing over of the escalator to the Railways.

c) Transportation of material and equipment for installation purpose. d) Spare parts, special tools, testing and diagnostic equipment and

measuring instruments. e) Training. f) Documentation g) Control and monitoring system for Escalators. h) Maintenance for specified period i) Services

2.0 SYSTEM DETAILS & SCHEMATICS (CONSTRUCTION)

The complete Escalator shall comprise of all parts and accessories, which are necessary for its efficient operation, whether specifically mentioned or not. The key parts and accessories along with their functions and features are listed below:

2.1 Drive Unit 2.1.1 Each Escalator shall be independently driven by a geared type driving

machine (or traction machine), comprising mainly of the driving motor, a coupled Gear Box unit (for Speed reduction) and an electrically released & mechanically applied Brake (for stopping the escalator). A VVVF converter shall control the Driving Motor.

2.1.2 Each traction machine shall be mounted within the truss or the machine pit and

shall be removable en-bloc from the truss for repair or maintenance. 2.1.3 The escalator’s driving machine shall be suitable for operation on 3-phase,

415Volt ±10%, 50Hz ± 3% AC supply and it shall comply with IS: 325/IEC 60034.

2.1.4 The 3-phase Induction Motor shall be totally enclosed with external cooling

fins having minimum IP-55 Protection and class F Insulation level. 2.1.5 Sound level of the system shall not be more than 65 dBA at 1 meter from the

balustrade. The required acoustic treatment shall be provided as necessary, to meet this requirement.


2.2 Controller

2.2.1 The escalator’s motion, travel-direction, speed and stopping etc. shall be

controlled by a compact and reliable PLC/microprocessor-based controller that is specifically designed for the escalator operation.

2.2.2 The controller shall be of a proven design and would ensure continuous-operation of the escalator over its Service-Life. The controller shall have microprocessor based diagnostic system with self-checking feature and meant for indicating/ displaying common Faults (that may occur during the escalator’s operation) by a fault-code or fault’s brief description, on an on-board and easily-visible LED/ LCD based display-unit. This would enable the maintenance’ people to pinpoint specific fault(s) and rectify them quite-quickly, thus ensuring minimum downtime of the escalator. The diagnostic system shall be capable of recording at-least 50 latest faults that have caused the escalator to Stop and display them sequentially on last-in first-out basis.

2.2.3 The controller shall have the facility for interfacing (through suitable ports, viz

RS-232/ RS-485/ USB/ Ethernet etc.) with a PC based Remote Monitoring system (RMS) that may be planned by the railways to be housed in the station building control room.

2.3 VVVF Converter

2.3.1 The escalator shall comprise of a VVVF converter (variable speed control),

integrated with the escalator controller to control the driving motor. On installation, this shall ensure the escalator’s movement & speed control, viz - starting and normal speed of the escalator on detecting the incoming passenger(s) as well as its crawling speed and/or stoppage, in the absence of passengers.

2.3.2 The VVVF Converter shall also control the acceleration/ de-acceleration

during the motor starting/ stopping, for reducing/ limiting the starting current and the frictional wear & tear of the brake liner, respectively.

2.4 Truss 2.4.1 The escalator shall be provided with Structural steel truss or girder, which shall

be designed to support the Escalator’s Dead weight and additionally, the peak passenger-load at escalator’s full capacity operation.

2.4.2 The truss design shall also ensure required safety to sustain the Steps and

running Gear in operation. In the event of failure of the track system, it shall retain the running gear in its guides.

2.4.3 The construction design of the truss shall be such that it allows for easy

inspection of the interiors of the escalator. 2.4.4 Truss should have maximum deflection value of 1 in 1000.


2.4.5 Cladding of the truss shall be done with SS 304. 2.4.6 The truss of escalator shall be hot dip galvanized. Other parts inside the truss

such as return station, shaft etc. shall be given suitable anti-corrosive treatment with zinc painting or similar process.

2.5 Balustrade 2.5.1 The escalator shall be provided with a solid inclined balustrade on its each

side, having adequate mechanical strength and rigidity. 2.5.2 The Interior and Exterior Panels shall be fixed in a manner to withstand the

stresses and impacts expected during operation and use of the escalator at its full capacity. The balustrade height shall be minimum 1000mm or more.

2.5.3 Material of the skirting shall be SS 304 having thickness of 1.5mm 2.6 Hand Rail 2.6.1 The escalator’s balustrades top shall be provided with black-colour hand rails

made of a special, high-quality and water-repellant synthetic rubber material, having long-durability.

2.6.2 The hand rails shall move in the same direction and at substantially the same

speed, as that of the steps. 2.6.3 The handrail drive system shall be provided with guides immediately before

and after the drive wheel. The returning portion of the handrail shall be supported by guide rollers at not more than 2 m interval. Adequate provisions shall be provided to maintain proper tensioning throughout the service life of the handrail and prevent tightening/loosening and excessive heating up of the handrail during operation. The temperature rise of the handrail during operation shall not exceed 6ºC above station ambient temperature.

2.6.4 The handrail shall overlap sufficiently with the handrail decking (top deck), to

prevent pinching and trapping fingers or hands due to running clearance. The lips at the handrail shall be of sufficient rigidity to prevent the handrail being easily removed from the handrail guides by a force of 300 N.

2.6.5 The material of hand rail guide shall be SS 304.

2.7 Step Tread 2.7.1 The escalator Steps shall be made of corrosion-proof Casting-grade

Aluminum Alloy, having sufficient mechanical strength and good construction to fully satisfy the intended purpose of their use; that-is, carrying the peak load of passengers without distortion.

2.7.2 Each step shall be supported on four wheels, two of which shall be the step

chain, wheels and shall be capable of carrying the basic load with the safety


factor as per 2.7.3. Individual step loading shall be assumed as 6000N/m². The design of the mounting of all wheels on the step shall ensure that the centre line of the wheel shall remain perpendicular to the running track under all the load conditions. Step dimension shall have a tread width of at least 400 mm deep and not more than 210 mm high.

2.7.3 Safety factors used in the design shall, as a minimum, conform to the following, As per EN 115-1:2008 (as applicable for Public Service Escalators), For all driving elements viz. shafts, gear wheels, driving gear chains - 5. Step Chains – 5. Any other item (if not specified elsewhere) – As per BS EN 115-1:2008 (as

applicable for Public Service Escalators). 2.7.4 The step shall be one piece, pressure die cast, high wear and corrosion

resistant aluminum alloy. The step casting shall bear a marking, which clearly indicates the month and the year of manufacture.

2.7.5 The step shall be type tested according to EN 115 (Latest version). 2.7.6 The tread surface of each Step shall be slotted in parallel-direction to the

travel of the Steps. 2.8 Main and Step Chains

The drive unit shall be connected to the main chain wheel (attached to the main shaft) with a duplex chain. The Main Shaft shall further drive the Step Chain Bands. The Step Chain Band shall be of endless roller type located on both sides of the moving steps and having step chain strength value of 260kN or more. Each Step Chain shall be provided with an integrated Tension Device to ensure its proper tension under varying load conditions.

2.9 Automatic Lubrication Device

The escalator shall comprise of an in-built automatic lubrication device, to lubricate the main driving-chain and step-chain automatically, which can ensure their smooth-operation for a long period and thus shorten the maintenance downtime.

2.10 Comb Plate

The escalator comb plates in the entrance/ exit areas must have easily replaceable comb segments, having teeth that interlock deep into the steps. All comb segments must be identical & easily inter-changeable. In the event of some foreign body’s penetration into the comb segments, safety contacts must bring the escalator to a halt. To activate the safety contacts, the comb plate must be able to slide horizontally.


2.11 Landing Plate

The landing plate of the escalator meant to provide a secure foothold, must be preferably made of etched Stainless Steel ASTM - SS316 grade and shall have an Anti-slip Pattern.

2.12 Key Operated Start Function

The escalator operation shall be started/ switched-off by a special key provided along with the escalator.

2.13 Traffic Direction Light

The escalator shall have traffic direction light of distinct color at highly-visible location(s) near the escalator, to indicate the direction of its movement to the approaching passengers and thus, prevent their wrong-way Entry.

2.14 Electrical Works / Items 2.14.1 All electrical works and switch gear for the escalator installation shall conform

to the Indian Electricity Rules 1956 (with latest amendments). 2.14.2 All power cables and wiring shall be fire resistant low smoke copper cables of

1.1 kV grade conforming to IS:694 and IS:1554. No bare Conductor shall be used in any Escalator as it may cause electrocution danger to the personnel.

2.14.3 The control switchgear must be mounted in sealed enclosure corresponding

to IP-55 protection. Railways shall bring the power supply cable to this switchgear.

2.14.4 All screws, nuts, fasteners and washers shall be of stainless steel 2.15 Grease/ Oil/ Dirt and Water (separate) Collector & Drainage Sumps

Separate collector & drainage sumps for loose/ falling/ accumulated - grease/ oil/ dirt and water shall be provided in the escalator, at its lower return station, to ensure the escalator’s cleanliness w.r.t. these elements and thus, preventing the happening of any likely hazard due to them.

2.16 General Arrangement/ Layout Diagram

As part of the “Technical Information Document”, each Bidder would be required to submit their detailed general arrangement/ layout diagram, which shall include the following essential details:-

a. Vertical rise b. Horizontal span length c. Step width d. Handrail center distance


e. Width of escalator f. Width of end opening & Pit g. Width of opening h. Maximum Inclined span length without Intermediate Support.

2.16.1 Design The design shall meet the following criteria: -

a) Application of state of the art technology b) Service proven design c) Design life 30 years d) Minimum life cycle cost e) Low maintenance cost f) Use of interchangeable, modular components g) Extensive and prominent labeling of parts, cable and wires h) Use of unique serial numbers for traceability of components i) High reliability j) Less energy consumption k) System safety l) Adequate redundancy and factor of safety m) Fire and smoke protection n) Use of fire retardant materials o) Environment friendly p) Adherence to operational performance requirements q) Maximum utilization of indigenous materials and skills, subject to

quality conformity r) Safety against garments such as Saree and loose cloths etc.

3.0 SYSTEM OPERATING CONDITIONS 3.1 The escalator shall be able to make-use & operate at the below mentioned

power supply conditions. Power supply shall be made available by Indian Railways near the escalator installation point:-

a) For power supply: AC 3-phase, 415Volts ± 10% 50Hz ± 3%. b) For lighting supply: AC Single-phase, 220Volts ± 10% 50Hz ± 3%.


4.0 INFRINGEMENT OF PATENT RIGHTS

Indian railways shall not be responsible for infringement of patent rights arising due to similarity in design, manufacturing process, use of the components, used in design, development and manufacturing of escalator and any other factor which may cause such dispute. The responsibility to settle any issue lies with the Contractor.

5.0 GOVERNING SPECIFICATIONS

The escalator shall generally comply with the following Standards:-

EN-115: safety rules for construction and Installation of escalators and passenger conveyers.

IS-4591: Code of practice for installation and maintenance of escalators. Note: Latest version of the above standards shall be applicable.

6.0 SERVICE CONDITIONS 6.1 The escalators shall be installed at the notified Railway stations all over India &

shall be able to perform under the service conditions prevailing there. 6.2 Moreover, the escalators shall be capable of performing in the tropical climate of

India, under the extreme environmental conditions listed below:

Maximum Ambient Air Temperature

550C

Minimum Ambient Air Temperature

-50C

Max. Relative Humidity 100% Atmosphere Extremely dusty & dry weather and desert terrain

in certain areas. The dust contents in air may reach as high values as 1.6mg/m³.

Coastal Areas The equipment shall be designed to work in coastal areas in humid, salt laden and corrosive atmosphere.

The maximum value(s) of the Conditions in the Coastal Areas will be as follows: Max. pH value 8.5 Sulphate 7.0mg/litre Max. Concentration of Chlorine 6.0mg/litre Max. Conductivity 130 micro sec/ cm Annual Rainfall Ranging between 1750 to 6250 mm with

thunder storm Altitudes Not exceeding 1200m above Sea-level


7.0 TECHNICAL SPECIFICATIONS

Application : At Railway stations – semi outdoor application. Railway shall provide adequate shade on the top and extended on the sides of the escalators, to prevent it from rain etc.

Nominal speed : 0.5 m/sec in normal operation.

Angle of inclination

: 30º (Depending upon space availability at the installation point)

Vertical rise : Between 5.0 meter and 7.0 meter (To be exactly specified by user railways in Annexure 1)- In exceptional cases, it may be around 4.5 meter or 8 meter.

Horizontal span : Shall be based on the Contractor’s design and other parameters, namely; vertical rise, number of horizontal steps, inclination and transition radius etc.

Maximum passenger carrying capacity

: 100 passengers/ min at nominal speed of 0.5 m/sec.

Applicable Standards : EN-115, IS-4591 (latest version)

Power supply : AC 3ø, 415V±10% 50Hz±3%

Lighting supply : AC 1ø, 220V±10% 50Hz±3%

Horizontal steps : Number of horizontal steps at both the upper & lower landings shall be 4.

Landing plate : Etched stainless steel ASTM SS316 grade with anti-slip pattern

Moving step’s material : As per clause no. 2.7

Nominal step’s width : Minimum 1000 mm

Balustrade panel material

: ASTM- SS304 hair line finish

Balustrade height : As per clause no 2.5.2

Handrail material : As per clause no. 2.6.1

Handrail color : As per clause no. 2.6.1

Start function : Key operated switch

Control switchgear protection

: IP 55


Dirt/ oil/ grease and water collector & drainage sumps

: As per clause no. 2.15

Note: Each Bidder must submit their Compliance or Deviations in a “Compliance

Statement”. 8.0 Other Key Technical Information related to Escalator, to be supplied by

Each Bidder, along with their Offer: -

SN Feature Details

1. Escalator manufacturer

2. Escalator brand name

3. Escalator model number

4. Overall dimension

5. Sound level

6. Drive unit arrangement

7. Type of motor

8. Motor rating

9. Class of insulation of motor

10. Protection class of motor

11. Gear type & material

12. Coupling type & material

13. Main drive chain’s material & breaking strength

14. Step chain/ band’s Material & breaking strength

15. Controller - make/ model

16. VVVF converter - make/ model

17. Truss structural material

18. Truss surface treatment

19. Truss construction details

20. Lubrication mechanism – Type/ Model


SN Feature Details

21. Details of brake mechanism

22. Details of intermediate support to inclined span length, if any

9.0. SAFETY DEVICES/ FEATURES REQUIRED

9.1 Operating and Safety Devices Operating and safety devices conforming to the following requirements shall

be provided: - 9.1.1 Motor Overload & Thermal Protection Device a) The driving motor shall be protected against excessive current due to either

overloading or short-circuiting by means of a suitable device to be submitted for review without objection by the “Engineer”. Such protective devices shall be provided for each phase of the motor winding. After the intervention of this safety device, the power supply to the motor shall be disconnected and it shall only be possible for a competent person to reset it back to its normal working condition.

b) If the detection of excessive current depends upon a temperature increase in

the motor winding, such a device may be automatically reset after the fault is removed and the winding cooled down sufficiently, but shall not restart the escalator automatically.

c) Built in type thermal protection, if offered, shall conform to EN 115-1:2008. 9.1.2 Starting switch Spring return key operated starting switch with running directions marked on

the faceplate shall be provided at both ends of the escalator. These switches shall be positioned to enable the operator, when using the key to start the escalator, to see the entire escalator. The key shall be removable only in the neutral position.

9.1.3 Service Stop Switch Service switches shall be provided within the machinery spaces at both ends

of the escalator. The switches shall be conspicuously and permanently marked and located such that switching can be accomplished without passing or reaching over any part of the machinery. The operation of these switches shall disconnect electrical power to the controller and the drive mechanism and shall activate the brakes. The switch shall be rated to interrupt the starting current of the motor and the fuses shall be rated for the available fault current at the switch. Inspection run shall also be prohibited.


9.1.4 Emergency Stop Switch Recessed type, momentary pressure, emergency push button stop switches

with extended sleeve to protect against accidental operation shall be provided on each escalator. A minimum of one switch shall be located in conspicuous and accessible positions at the incline section or at the newel at both ends of the escalator. The switch provided at the incline portion shall have protection from the dust ingress. The distance between the switches shall not exceed 15 m for the escalators, otherwise, additional switches shall be provided. The operation of these switches shall disconnect electrical power to the drive mechanism and activate the brakes(s). It shall not be possible to start the drive mechanism by the use of these switches. Proper signage shall be displayed so that the location of the switch can be easily identified.

9.1.5 Speed Governor Speed governor shall be provided which disconnects electrical power to the

drive mechanism and activates the brake, should the speed of the steps exceed the rated speed by more than 20%.

The speed governor is not required in cases where alternating current

induction driving motors are used, provided the slip does not exceed 10% and the motor is directly connected to the drive mechanism.

9.1.6 Broken step chain safety device Devices shall be incorporated as part of each tension carriage which shall

disconnect electrical power to the drive mechanism and activate the brake if the step chain breaks or if the tension on either chain drops below (or exceeds) a predetermined value, or if the motion of a chain is interrupted.

9.1.7 Broken drive device Where the drive mechanism is connected to the main drive shaft by chains, a

device shall be provided which will disconnect electrical power to the drive mechanism and shall activate both the operational brake, and the additional brake in the event if the driving chains fail or excess sagging.

9.1.8 Non Reversing Device A device shall be incorporated to detect reversal from the pre-set direction of

motion and activate the operational and auxiliary brakes to stop the escalators.

9.1.9 Handrail Finger Guard Safety Device Detection device shall be provided at points where the handrails enter the

escalator newels. These devices shall disconnect electrical power to the drive mechanism and activate the brake in the event of an object entering the gap between the handrail and newel.


9.1.10 Step and Skirt Safety Devices Detection devices shall be provided in escalator skirting panels in close

proximity to the upper and lower comb plate tips, on the track system at the upper and lower curves and at 7.5 m intervals along the incline of each escalator. Electrical power to the drive mechanism shall be disconnected and the brake(s) applied should any one of these devices be activated due to the skirt panels being forced away from the steps.

9.1.11 Comb plate safety device Safety devices shall be incorporated at both sides on the comb plates at each

landing, which shall disconnect electrical power to the drive mechanism and activate the brake should any object become wedged between the comb and the step. The device shall be able to operate in the horizontal and vertical direction.

9.1.12 Step Lowering Device Devices shall be provided which will disconnect electrical power to the drive

mechanism and activate the brake, should a step be lowered due to excessive load or breakage. The detection shall be effective at the left, centre and right side of the step. The device shall be located near the top and bottom curves for the escalators. These shall be located such that the lowered steps stop in front of the comb in order to prevent further damage.

9.1.13 Inspection Control Inspection control complying with BS EN115 shall be provided at both

landings. 9.1.14 Missing step detection device Detection devices shall be provided to stop the escalator before the missing

step opening appears on the passenger side of the escalator. 9.1.15 Handrail Speed Detection Device Each handrail shall be fitted with a device, which shall stop the escalator

when the handrail speed exceeds ±30% of the rated speed.


9.1.16 Broken Handrail Device Each handrail shall be equipped with a mechanically operated electrical safety

devices of approved design to detect undue tension, excessive elongation and handrail failure.

9.1.17 Floor plate safety device Safety switches of approved design shall be provided underneath each

hinged floor plate at both the upper and lower landings. The escalator shall stop when the floor plate is opened unless under maintenance / inspection mode.

9.1.18 Step up-thrust device Safety device of approved design shall be provided at the upper and lower

landings to stop the escalator should a step be lifted or displaced against the “up-thrust” track at the transition curve from incline to horizontal in the passenger carrying side of the track system.

9.1.19 Dress Guard Brush type deflector device shall be provided along the step nose line on the

skirt panel to keep feet and loose clothing clear of the possible trapping point and safety against garments such as Saree and loose cloths etc. The brush bristles shall be made of fire resistant nylon filaments with split ends to give a soft face.

9.1.20 Brake Lining Safety switch Details of safety device shall be submitted for design review without objection

by the purchaser and same shall be provided at each shoe of the machine brake to monitor the lining thickness and to detect any abnormal or uneven wear of brake lining.

9.1.21 Phase Protection Device A phase protection device shall be provided in the controller to prevent setting

in motion or to stop the escalator in the event of phase failure or phase sequence reversal of the power supply. An illuminated visual indicator shall be provided on the control cubicle/controller to signify actuation of this device due to phase failure or phase sequence fault. The indicator shall remain illuminated until the fault is rectified.

9.1.22 Earth leakage protective device An earth leakage protective device or residual current device to be submitted

for review by the “Engineer” shall be provided such that any dangerous earth leakage to the escalator metalwork shall cause the immediate stopping of the driving machine and disconnection of the power supply/controller. The return


to service shall not be possible, except if it is reset manually by a competent person.

9.2 Monitoring and Fault Diagnostic System A microprocessor based monitoring and fault diagnostic system to provide

information on the operation; identification and display of all faults that have caused the escalator stop including emergency stops shall be provided. The system shall be able to record at least 50 events in their order of occurrence and display them sequentially in a last in first out sequence.

An alpha – numeric display unit indicating the fault code or fault message shall be installed at an easily accessible and protected location on the handrail decking at both the landings. The display of the last fault can only be reset after the fault causing the stop is cleared but the historical record shall remain in the microprocessor. Faults that do not require the attendance of the maintenance staff shall be easily identified to enable the operator to re-set and re-start the escalator. The system shall capture, display and retain the following information:- a) Record number b) Fault/ status code/ alphanumeric display c) Date d) Time at which fault started e) Time at which fault cleared f) Direction of operation with starting time g) Total operation hours with break down for “UP” and “DOWN”

operations.

A LED/ LCD display panel and means for programming the system shall be provided at the controller. In addition, serial interface output ports shall be provided at the controller to allow the system to be connected to a notebook computer for down loading the historical data for trend analysis. Suitable compatible driver software has to be provided to download data for analysis and presentation by Microsoft office.


The summarized critical safety features are detailed as under:-

SN Safety devices/ features required

Description

1. Emergency stop device In an emergency, it stops escalator immediately, if pressed

2. Comb plate safety device It stops escalator, if objects are caught between comb plate and step treads

3. Handrail entry safety device

It stops escalator, if human-finger or any Foreign-object is pulled into the hand-Rail entry/Inlet

4. Phase monitoring device It stops escalator, if there is a missing phase or a wrong phase sequence

5. Over-speed detector It stops escalator, if the movement is above the normal speed

6. Non-reversal safety device It stops escalator, if the direction of movement is suddenly reversed

7. Main driving chain safety device

It stops escalator, if the main driving chain loosens excessively or breaks

8. Step chain safety device It stops escalator, if the step chain breaks or becomes excessively loose

9. Step sag protection device It stops escalator, if the Steps start sagging after getting fractured or otherwise

10. Static electricity prevention device

Eliminates static electricity created by running of the escalator steps &/or hand rails

11. Skirting panel safety device

It stops escalator, if objects are caught between any step and skirting Panel

12. Skirting panel safety brush (special heavy duty)

It prevents stray objects, clothes such as saree and chuuni etc. being caught between Step and Skirting Panel

13. Step’s three-sides yellow demarcation lines

It demarcates the two horizontal-ends and one inner end of the steps and the safe foot-hold area for passengers

14. Step gap green illumination

The green light illuminates the riding edge of the steps from below, ensuring safe ride of passengers

15. Comb plate light The lights at skirting level on both sides of the comb plate ensure safe ride of passengers

16. Hand Rail broken safety device

It stops escalator, if hand rail stops or breaks

17. Hand rail speed detection device

It stops escalator, if handrail movement is above/ below the normal speed


SN Safety devices/ features required

Description

18. Auxiliary brake It stops escalator, if the Driving Chain breaks &/ or escalator over-speeds

19. Motor overload & overheat Protection

It stops escalator, when the motor current /temperature is exceeded abnormally

20. Brake monitoring device It stops escalator, before a brake-fail situation can occur (due to excess brake lining wear)

21. Step missing device It stops escalator, if the Step is missing

22. “START” Buzzer device It alerts the passengers when escalator starts working/ moving

23. “WRONG-ENTRY” alarm device

It alerts the passengers, if they approach to enter the escalator from a Wrong entry-point/ opposite-direction to its movement-direction, by sounding the warning-buzzer and beginning the escalator movement in its pre-set, correct direction.

24. “AUTO-START” on passenger-approach device

It ensures the stopped-escalator to start operating/ moving after detecting the approaching passengers by a 3-D scan.

25. Oil-water separator & drainage system

It ensures separate collection & disposal of the loose/ falling oil/ grease and accumulated water and thus preventing a potential hazard.

26 Design of earth system As per IS 3043:1987

Note: Each bidder must submit their compliance or deviations in a “Compliance Statement”, as well as, the specific details related to their escalator-design, against each safety device/ feature mentioned above.

10.0 GENERAL REQUIREMENT

10.1 The complete escalator system shall be reliable and conform to the latest

version of the International/ EN-115 and National/ IS-4591 standards. 10.2 All materials used in manufacturing the escalator, shall be fire-retardant and

not easy to ignite. 10.3 All power devices and electro-mechanical units including the drive unit,

controller, and converter etc. to be used in the escalator shall be suitable for a heavy-duty application of a Public Service escalator as per above Standards.

10.4 All mechanically moving parts of the escalator shall be completely enclosed

within imperforate panels or walls, except the accessible Step treads, part of hand Rail and permitted apertures for ventilation.

10.5 In case of escalator installation location being directly exposed to the weather/

extreme atmosphere, a proper roof-covering & enclosure must be provided by


Indian Railways, as per the provisions of the standard EN-115 clause 0.5.2 meant for this purpose.

10.6 The balustrades shall not have any parts that would tempt/ allow any person

to stand on the same. The balustrades interior panels shall be smooth and shall not have any protruding part or sharp edged covering strips etc.

10.7 The balustrades design & construction shall provide for adequate mechanical

strength and rigidity, such that the vertical force distributed over the Handrail surface/ length shall not be able to cause any permanent deformation, breakage or displacement of any balustrade part(s) as per the provisions of the standard EN-115 clause 5.1.5.3 meant for this purpose.

10.8 At the landings of the escalator, a sufficient unobstructed area shall be

available to accommodate the passengers. Similarly a clear height of minimum 2.30m or more shall be available above the Steps of the escalator at all points. As per the provisions of the standard EN-115 clause 5.2.1 meant for this purpose.

10.9 All of the escalator’s equipment, structures and other metallic parts shall be

suitably earthed as per the standard practice conforming to IS: 3043. 11.0 ELECTROMAGNETIC COMPATIBILITY REQUIREMENTS (EMC)

The contractor shall ensure that the critical equipment supplied, i.e. VVVF converter shall cause minimum radio frequency Interference into main network and comply with the electromagnetic compatibility (EMC) requirements of the EN-115 Standards. The Contractor should furnish any independent/ reputed/ national test agency/ lab’s certification in this regard.

12.0 TESTING & INSPECTION Testing & inspection plan stages & details are as given in the table in

Annexure-2. Before supply of the ordered goods, the Contractor shall submit a

comprehensive testing & inspection plan/ protocol that is in compliance with the latest version of the relevant Standards for escalators, namely EN–115 & IS–4591, to the purchaser’s representative/ testing authority – Executive Director (EM)/ RDSO, Lucknow, for their approval.

Testing authority – Executive Director (EM)/ RDSO, Lucknow will approve the same, in consultation with the Contractor.

12.1 Escalator Type Testing

12.1.1 At first, the Contractor shall submit a comprehensive type testing protocol

that in compliance with EN–115 & IS–4591 standards, and as per the guide-lines mentioned in Annexure-3, to the purchaser’s representative/ testing Authority – Executive Director (EM)/ RDSO, Lucknow, for their approval.


12.1.2 The Contractor shall provide details of type-testing of the complete

escalator & its Key sub-assemblies (as listed in Annexure-3) as per the relevant Standards, by furnishing certified copies of their latest type-test certificates, from their respective sub-contractor, of their In-house testing &/or by independent/ reputed/ national test agencies/ labs.

12.1.3 If the product is being manufactured initially in a foreign country,

purchaser’s representative/ testing authority - RDSO, Lucknow at its discretion, may like to visit & witness any of the Type Tests, at their own cost. The Contractor hall co-ordinate the program, in such case.

12.2 Escalator Routine Testing 12.2.1 At first, the Contractor shall submit a comprehensive routine testing protocol

that is in compliance with EN–115 & IS–4591 standards, and as per the guide-lines mentioned in Annexure-3, to the purchaser’s representative/ testing authority – Executive Director (EM)/ RDSO, Lucknow, for their approval.

12.2.2 Routine testing entails tests and inspections that are conducted at the works of the Contractor of the complete escalator and/or its key sub-assemblies, as per the relevant standards.

12.2.3 The purchaser’s representative/ inspection agency/ testing authority - Director (EM)/ RDSO, Lucknow would have the right at its discretion, to witness routine Test(s) of the complete escalator/ its Key Sub-assemblies, during the escalator’s manufacturing &/or accept the test results/ reports of their respective manufacturer’s/ supplier’s In-house quality control, as sufficient evidence of the execution of these routine tests.

12.2.4 At least 3 weeks notice shall be given to the purchaser’s representative/ inspection agency/ testing authority – Executive Director (EM)/ RDSO, Lucknow, to be present for the routine testing & inspection.

12.2.5 If the Product is being manufactured initially in a foreign country, purchaser’s representative/ inspection agency/testing authority - RDSO, Lucknow at its discretion, may like to visit & witness any of the routine tests, at their own cost. The Contractor shall co-ordinate the program, in such case.

12.3 Escalator Pre-Dispatch Verification of Packing List 12.3.1 Before the ordered goods (complete escalator system kits), as per the offered

dispatch lot are dispatched, purchaser’s representative inspection agency/ RDSO shall verify completeness of the dispatch lot as per order details/ contractor’s packing list and if everything is in order, issue the “Dispatch approval certificate”.

12.3.2 Thereafter the Contractor can dispatch the goods to the consignee.


13.0 ESCALATOR INSTALLATION AND FINAL ACCEPTANCE INSPECTION/ TESTING

13.1 After installation, the escalator shall be tested by the Contractor , in the presence of the purchaser’s representative/ inspection agency/ testing authority – Executive Director (EM) / RDSO, Lucknow. Following tests shall be conducted:-

a. Each installed escalator shall be subject to the final acceptance inspection/ testing to prove the functionality of the escalator in terms of its movement, control and safety. This shall include testing of the escalator’s over-speed, in order to ensure the soundness of the equipment and its installation.

b. Each installed escalator shall be subject to the weight test including

verification of its Braking distance.

c. Each installed escalator shall be subject to the final visual Inspection including the check for satisfactory workmanship and shall cover all connections, paintings and general cleanliness of the installation as a whole.

d. After satisfactory completion of above inspection/ testing, the purchaser’s

representative/ inspection agency/ testing authority – Executive Director (EM)/ RDSO, Lucknow will authorize the commissioning of the escalators for public use by issuing the “Escalator installation final acceptance certificate”.

14.0 WITHDRAWAL OF APPROVAL Approval granted to the Contractor is liable to be withdrawn in the event of noticing any major change at a later date in the design or major change from the Bill of material as approved earlier without seeking the Prototype approving authority i.e. Production Units’/ RDSO's approval or using any major Sub-assembly of inferior specification/ quality, thus compromising with the reliability.

15.0 Deleted 16.0 LIGHTING 16.1 The escalator and its surrounding area shall be sufficiently and adequately

illuminated by Railways, especially in the vicinity of the comb to ensure safe and comfort ride of passengers.

16.2 The escalator interior shall also have adequate and permanent electric

lighting installations; especially, driving & return stations and machine rooms inside the truss.

16.3 Light intensity on tread surface shall be minimum 20 lux or more as per

IS 4591.


16.4 The electric lighting installation and the socket outlets shall be independent of the power supply to the machine being fed by a separate cable from the main switch as per the provisions of the standard EN-115 clause 6.3.2 meant for this purpose.

16.5 LED based emergency light having minimum 20 lux at ground surface shall be

provided at Entrance, Exit and middle points of the escalator with UPS system having back up of at least half-an-hour.

17.0 ACCESSIBILITY 17.1 The escalator design shall allow easy & safe accessibility on both sides, to

authorized persons for Inspection, maintenance & repairs. 17.2 Driving & return stations, machinery spaces inside the truss and also separate

machinery spaces, shall not be accessible to unauthorized persons. Hence, lockable Inspection & trap doors shall be provided.

18.0 Not used. 19.0 MOVEMENT OF MATERIAL 19.1 Completely assembled escalator or its sub-assemblies (which cannot be

handled by hand), shall be:-

a. Equipped with fittings for being lifted/ moved by a lifting device, or b. Designed in a way, to allow the attachment of above type fittings, e.g.,

threaded holes, or c. Designed/ shaped in a way, to allow easy attachment to the lifting device or

transportation means.

20.0 INSTALLATION & COMMISSIONING 20.1 All works at the installation site shall be carried out in accordance with the

standard acceptable methods and practices of installation of escalators and electrical equipment.

20.2 All equipment, sub-assemblies, structures, truss etc. shall be installed as per their

respective sub-contractor’s installation instructions. 20.3 Special care shall be taken of leveling/ plumbing, which shall be done

meticulously before any equipment, sub-assembly or structure is fixed finally in position.


20.4 Adequate care shall also be taken during installation of the complete Escalator to avoid damage to any equipment, sub-assembly or building structure.

20.5 Indian railways will be responsible for major civil work needed for installation

and commissioning of escalator at designated platform. The Contractor shall be responsible for providing 4 horizontal steps at top and bottom landing. The Contractor will provide a terminal board near escalator and Railways will provide electrical wiring/connection upto this terminal board. Railways will provide site assembly area with proper power connection as per the extant rules.

21.0 LABELING AND MARKING 21.1 All equipment & apparatus, inside or outside the switchboard, including

instruments, meters & relays shall be labeled or marked adequately. 21.2 In addition, warning labels shall be fitted at all points, where the removal of

covers/ panels may expose live equipment, operating above 50V between circuits or to earth and shall bear the inscription ‘Danger- Live Parts’ in red color that is clearly visible from a viewable distance.

22.0 PACKING, SHIPPING AND DELIVERY

22.1 All equipment shall be properly inspected before the Shipment. An inspection tag bearing the word “INSPECTED” or “PASSED” giving details of the inspection date etc. shall be attached to the Packaged Consignment. All four sides of the packaged consignment shall contain details of the Consignee & Consignor.

22.2 Appropriate caution notices such as “Fragile” or “Handle with care” etc shall

be displayed on the out side surface of the boxes, crates and packages. 22.3 The Contractor shall be responsible for the safe transportation and delivery of

materials to the location, as specified by the purchaser. 23.0 ON-SITE SUPPORT TO CONTRACTOR

23.1 The purchaser/ user railways would extend their full-support and facilities on

free-of-charge basis, to the Contractor for delivering & storing the product and its installation, testing & commissioning equipment/ tools/ accessories etc., at a suitable location, as close as possible to the installation site.

23.2 This shall include; providing a separate lockable/ secure material-storage cum Site office with telephone, electrical supply/ light & fan fittings etc. as well as any special assistance, required by the Contractor.

24.0 WARRANTY

24.1 The Contractor shall be responsible for any damage to equipment provided in

the escalator, due to defective design, materials, workmanship for a period of


24 months from the date of commissioning of escalator and 30 months from the date of supply, whichever is earlier. The Contractor shall attend to the complaint (including replacement of defective components, if required) within 12 hours from the time of receipt of complaint at his own cost.

24.2 The period of warrantee will be extendable in case of recurring problems of

defective design, material or manufacturing. The Contractor shall warrant that everything to be furnished hereunder shall be free from all defects and faults in material, workmanship and manufacture and shall be of the highest grade and consistent with established and accepted standards of material of the type ordered and in full conformity with specifications and drawings. The Contractor’s liability in this respect of any complaints, defects and /or claim shall be limited to furnishing and installation of replacement parts, free of any charge. The warranty clause in commercial agreement, if any, shall prevail.

24.3 The Contractor shall be responsible for carrying out all the modifications at his

cost on any part of the equipment during the period of warranty required for satisfactory operation of the equipment as per technical specification. For any technical decision the final authority from the purchaser’s side is RDSO.

24.4 All the replacements and repairs, that the purchaser shall call upon, the

Contractor to deliver or perform under this warranty shall be delivered and performed by the Contractor promptly and satisfactory.

24.5 The warranty period would cover comprehensive maintenance inclusive of all

spares, material and labour cost. 24.6 During warranty period, in case the escalators become non-functional due to

any manufacturing defect, then the escalator would be considered under breakdown and the Contractor would be required to rectify the defects.

24.7 The consignee shall ensure that the records of breakdown are maintained on a

shift basis. 24.8 The Contractor shall ensure that in case a failure is reported by a consignee,

qualified Service Engineers shall visit the site within 12 hours from the time of complaint. This period of 12 hours after the failure report shall be treated as grace period, which will not count towards breakdown time. Complaints shall be lodged by consignee by fax, phone, e-mail or per bearer at address given by the Contractor

25.0 AFTER SALES SERVICE 25.1 The bidder shall indicate in the offer, the facilities available with the bidder or

local agent for providing the required after sale service during warranty and post warranty periods. The bidder will also mention service organizations located in India and the availability of trained staff and maintenance spares etc.


25.2 The Contractor shall provide and ensure servicing facilities throughout the

warranty period of the system. After the warranty period is over, the Contractor should give service support for trouble shooting and for obtaining spare parts for AMC period.

25.3 The Contractor shall ensure that, in case a consignee reports a failure,

qualified service engineers visit the site within 12 hours from the time of complaint. Consignee shall lodge complaints by fax, e-mail or per bearer at address given by the Contractor . The responsibility to keep the failure reporting address details current will rest with the consignee.

26.0 MAINTENANCE

26.1 The Contractor shall provide free-of-charge, maintenance service (and all the

works specified) including required spares, for the specified guarantee warranty period.

26.2 During the guarantee period, the above maintenance service shall include all

preventive, scheduled & corrective maintenance and additionally, all service-request calls made by the purchaser/ user railways.

26.3 For this, the Contractor would be required to provide a comprehensive

maintenance & service plan, for review and acceptance by the purchaser or his authorized representative.

26.4 Deleted 26.5 The maintenance work-system shall ensure safety of the personnel &

equipment. 26.6 In the event of any failure, requiring design modifications etc. in the escalator,

the Contractor shall undertake to submit its details for a review by the Purchaser or its authorized representative. On reaching consensus and post-modification, the Contractor shall undertake fresh testing and re-commissioning, if required.

26.7 It shall be possible to change the Steps without dismantling the Internal

Panels or the Skirt of the escalator, to ensure minimum down time during maintenance and repairs of the escalator.

26.8 Annual Maintenance Contract (AMC) 26.8.1 The bidder are required to quote separately for a comprehensive annual

maintenance contract (AMC) for the escalator supplied against the specification, which will be inclusive of all spares, material and labour costs along with work schedule if required to do so as per special condition of the tender documents.


26.8.2 The contractor shall be responsible to keep all the escalators along with all

connected ancillary equipments/apparatus/ machines, as have been stated under the scope of work and specification, in perfect working condition, on any day during the tenure of the contract (excepting the period of programmed shut down). In case, any escalator is out of order, for failure/ breakdown of the escalator or of any other related/ancillary equipments/apparatus/machines, the escalator shall be attended immediately, with in a period of 12 hours of being informed.

26.8.3 The consignees must communicate their option to enter into AMC at least 30

days prior to expiry of warranty. The AMC agreement must be signed within six months prior from the date of expiry of warranty.

27.0 TRAINING PROGRAM The Contractor shall design a training program on the correct operations and

basic maintenance procedures of the escalator, for the purchaser’s authorized/ designated personnel.

The training program shall be conducted at a convenient time and place, and

shall touch all the relevant areas.

The Operators and Maintenance training program shall be of 10 man-days, in batches of 5 personnel at Railway stations of the concerned Zonal Railways, where the escalators have to be installed by the Contractor.

27.1 Operators Training

The Contractor shall provide the necessary Operators Training to the Purchaser’s authorized/ designated Staff as per the formal Training Program designed for this purpose. This shall enable them to carry out the normal/ rescue operations under normal/ emergency situations respectively as well as minor repairs by themselves.

27.2 Maintenance Training

The Contractor shall provide the necessary maintenance training to the purchaser’s authorized/ designated Staff as per the formal Training program designed for this purpose. This shall enable them to perform Minor & non-specialized maintenance of the escalators.

28.0 OPERATION AND MAINTENANCE MANUALS

28.1 The Contractor shall provide operations and maintenance manuals, for the

use by the supervisory, operating and technical staffs of the purchaser. 28.2 Each manual shall be divided into indexed sections explaining the subject

matter in logical steps.


28.3 The operations manual shall contain the principle and operations’ details of

the complete escalator; under the normal and emergency conditions. 28.4 Details of the common faults that might occur in the complete escalator &/or

any of its key components/ sub-assemblies and their rectification shall also be included.

28.5 The maintenance manual shall contain the maintenance and servicing

instructions for the complete escalators along with explanatory notes and drawings as necessary.

28.6 The periodic maintenance schedule recommended by the Contractor for the

satisfactory performance of the escalators shall also be included. 29.0 QUALITY ASSURANCE

29.1 The Bidder shall prepare & furnish their QA plan documentation, as per their

ISO: 9000 program being followed. It shall include and clearly mention the procedures ensuring that all equipment/ materials/ systems & sub-systems are properly specified, designed, purchased, recorded, inspected, installed and tested at appropriate stages.

29.2 It shall also provide the confirmation that the handling, storage & delivery

arrangements have been satisfactory.

**********


ANNEXURE-1 Name of the Railway Station: ………………………………… S. No. Description Parameter Remarks

1. Escalator required at Entry/ Exit of Station Yes/No If Yes; One Side/ Both Sides

2. Escalator required at Platform(s) Yes/No If Yes; Platform Number…….

3. Height of foot over Bridge (At passenger walking-level, from base)

In meters

4. Horizontal spaces available for escalators installation

(Note: For each Escalator, this proforma shall be filled in)

of 38 Effective from April-2009 Specification no. RDSO/PE/SPEC/TL/ D/0095-2008 (Rev ‘0’) Amdt 4

ANNEXURE-2 Detailed Testing & Inspection Plan Type of Inspection/ Testing

Where Frequency When On What Who Conducts Final Action

Type Testing - Relevant manufacturer/ supplier’s works

- Third party

Once in every 5 years

Latest before Commissioning of the first Escalator

Complete escalator & its Key Sub-assemblies.

Internationally accredited testing Agency/ Lab (approached by relevant contractor). testing authority/ ED(EM), RDSO may accept certified copies of above Type Test certificates, in-lieu of actual Tests. Testing Authority/ ED(EM), RDSO may choose to be present himself to witness any test, at its own discretion.

Testing authority issues “Escalator type testing approval certificate”.

Routine testing Relevant manufacturer/ supplier’s works

Each order/ each escalator

During manufacturing Complete escalator/ its Key Sub-assemblies.

- Relevant contractor, by their In-house QC.

- However, testing authority/ ED (EM), RDSO may accept certified copies of the above Test Results/ Reports, as sufficient evidence of the execution of the Routine Tests &/or choose to be present himself to witness any test, at its own discretion.

Testing authority issues “Escalator routine testing approval certificate”.

of 38 Effective from April-2009 Specification no. RDSO/PE/SPEC/TL/ D/0095-2008 (Rev ‘0’) Amdt 4

Type of Inspection/ Testing

Where Frequency When On What Who Conducts Final Action

Pre-dispatch verification of packing list

Escalator Contractors’ works

Offered dispatch Lot

Before dispatch of the complete escalator to installation Site

Complete escalator Kit.

Purchaser’s representative testing agency/ RDSO.

Testing agency issues “Dispatch approval certificate”.

Final acceptance inspection/ testing

At the installation site

Each order/ each escalator

After installation & commissioning of the complete escalator & after all the above mentioned Tests are satisfactorily completed

Complete escalator.

Contractor in presence of testing authority / ED (EM), RDSO.

Testing authority issues “Escalator final acceptance certificate”.

of 38 Effective from June 2009 Specification no. RDSO/PE/SPEC/TL/ D/0095-2008 (Rev ‘0’) Amdt 4

Annexure-3 A- Type Test details

S. No.

Key Sub-Assy./ Part of Escalator

Frequency Scope of Test

1. Driving motor 1 unit -- Insulation test -- Dynamic test

2. Steps 1 unit -- Static test -- Dynamic test

3. Step Chain 1 unit -- Dimensional check -- Tensile breaking strength (Destructive test)

4. Wheels (a) Chain wheel (b) Trailer wheel

1 unit -- Dimensional check

5. Controller 1 unit -- Physical construction check -- Electrical tests, such as; Functional test Protection circuit verification Temperature rise test

6. Drive chain 1 unit -- Breaking strength (Destructive test)

7. Hand rail 1 unit -- Physical checking -- Breaking strength of the hand rail and

factory prepared Joints -- Ozone ageing test

8. Braking system 1 unit -- Full functionality test & Braking distance -- Dimensional check -- Demonstration of brake adjustment and settings

9. Truss 1 unit -- Dimensional check -- Truss Deflection to be recorded under full-load condition.

10. Complete escalator Assy. 1 unit Test protocol based on EN-115, as followed by International test agency/ lab


Annexure-3; contd… B- Routine Test details

S. No.



1. Driving mechanism Random -- Dimensional check -- Backlash in both directions

2. Driving motor Random -- Insulation resistance of winding -- High voltage test (2kV for 1 min.) on the stator winding.

3. Main drive shaft 100% -- Dimensional check

Random -- Radiographic testing or other Non-destructive test of weld joints

4. Steps 100% -- Dimensional & aesthetics checks

5. Step chain 100% -- Overall dimensional check of assembled chain

Random -- Dimensional checks of link plate, chain pin and step axles.

6. Wheels (a) Chain wheel (b) Trailer wheel

100% -- Visual & dimensional checks of wheels & bearings.

7. Controller 100% -- Checking/ testing for correct wiring & functioning.

8. Tension carriage Random -- Visual & dimensional checks

9. Drive chain Random -- Visual & dimensional checks

10. Hand rail, hand rail drive etc. Random -- Visual & dimensional checks

11. Comb plate Random -- Dimensional & aesthetics checks

12. Floor plates Random -- Dimensional & aesthetics checks

13. Braking system 100% -- Dimensional check -- Check Brake setting & adjustment.

14. Truss 100% -- Visual & dimensional checks


S. No.



15. Complete escalator assy. 100% -- Check assembled escalator, as per detailed test protocol agreed between contractor & testing authority, including the following; Check all items for correct positioning &

clearances as per drawing. Check all alignments & workmanship Check all Wiring for completion & proper-

termination. Check all Safety switches for their proper

functioning. Check Noise Level of the complete

escalator ( 65 dBA).

C- Final Acceptance Inspection/ Test details

S. No.

Escalator’s Parameter/ Feature To Be Inspected/ Tested

Scope of Test

1. Inspection of escalator’s general arrangement & specifications

a. Vertical rise

b. Horizontal span length

c. Angle of Inclination

d. Step width

e. No. of Horizontal steps at upper & lower landings

f. Balustrade height

g. Truss surface treatment

h. Rated speed

2. Inspection/ testing of escalator’s operation

a. Key operated start function

b. Traffic direction Light

c. Direction of Movement

d. “AUTO-START” on passenger-approach

e. Crawling speed/ auto-stoppage in the absence of passengers

f. Automatic lubrication system

3. Testing of escalator’s safety devices

a. Emergency stop device

b. Comb plate safety device

c. Handrail entry safety device

d. Phase monitoring device

e. Over-speed detector


S. No.

Escalator’s Parameter/ Feature To Be Inspected/ Tested

Scope of Test

f. Non-reversal safety device

g. Main driving chain safety device

h. Step chain safety device

i. Step sag protection device

j. Static electricity prevention device

k. Skirting panel safety device

l. Skirting panel safety brush

m. Step’s two-sides yellow demarcation lines

n. Step gap green illumination

o. Comb plate light

p. Hand rail broken safety device

q. Hand rail Speed detection device

r. Auxiliary brake

s. Motor overload & overheat protection

t. Brake monitoring device

u. Step missing device

v. “START” buzzer device

w. Step anti-jumping device

x. “WRONG-ENTRY” alarm device

y. Energy saving system device (optional)

z. Oil-water separator & drainage system

4. Final testing of escalator’s critical parameters

a. Weight test

b. Braking distance test

c. Sound-level test.

d. 12 hours continuous-run, in both directions

5. Final visual inspection of installed escalator

e. Check satisfactory workmanship

f. Check paintings & surface treatments

g. Check labeling & marking

h. Check neatness of laid-out wiring


DEFINITIONS The following words and phrases used in this specification shall bear the meanings given below:- Part I – Technical Terms a) Angle of Inclination - The angle at which a passenger travels with respect to the

horizontal. b) Anti slide device – A device to be installed on the decking between the handrails

of the adjacent escalators, or on the decking between the handrail and the adjacent wall, to prevent people or objects from sliding down on the decking.

c) Balustrade - The enclosure at each side of the moving steps, consisting of

decking, inner and outer panels and skirts. d) Ceiling intersection guard – A guard provided at the intersection of escalator

decking and ceiling or soffit. e) Comb – The pronged portion of the comb plate at the landing which meshes with

the step tread grooves. f) Comb plate – The plate supporting the combs at the landings. g) Control equipment – the components by means of which motion, direction of

travel, speed and stopping are controlled. h) Deck, decking and decking extension – The position of the balustrade outside

the moving handrail that is transversely horizontal. This shall include anti slide devices where applicable.

i) Driving Machinery – The motorized power unit for driving the escalator. j) Electro-mechanical Brake – A brake consisting of friction shoe(s) applied to a

brake drum or disc by means of springs that are electrically released. k) Handrail – A power driven moving rail for passengers to grip whilst using the

escalator. l) Handrail Guard – A guard for the moving handrail at the point where the handrail

enters or leaves the balustrade. m) Landing – The stationary areas at the entrance to or exit from an escalator. n) Landing Plate / Floor Plate – The portion of floor plate next to the comb plate at

the landing. o) Newel – The portion of the balustrade on the landing at the end where the moving

handrail changes direction.


p) Number of Horizontal/ Flat steps – Horizontal/ Flat steps shall be measured from the point at which the first step emerges from under the comb plate in a horizontal direction to the first exposure of the riser of an adjacent step, both at the upper and lower landings.

q) Panel – The portion of the balustrade immediately adjacent to the moving stairway,

occupying the vertical space between the steps and the deck or inner panel. r) Skirt – The portion of the balustrade immediately adjacent to the moving stairway,

occupying the vertical space between the steps and the deck or inner panel. s) Step – The unit which forms the moving stairway. t) Step chain – The main chain to which the steps are attached. u) Step roller track – The track on which the step roller runs. v) Step Tread – The horizontal portion of the step grooved in the direction of travel

and on which the passengers are carried. w) Step roller – The rollers attached to the step and supporting the step. x) Truss – The supporting structure on which the various components are mounted. y) Working point – The intersection of the escalator step nose line and the projection

of the escalator floor plate level. z) Constant length – The horizontal distance between the escalator working point

and the end of escalator support. Part II – Other Terms a) Purchaser – The President of the Republic of India or the administrative officers of

the railway on his behalf. b) Bidder – The person/firm who submits duly filled in tender documents as an offer to

carry out the work specified in tender document. The bidder can be manufacturer (single entity)/ consortium/joint venture (one of the consortium/joint venture member could be an Indian firm or the Indian subsidiary of manufacturer for the purpose of this tender).

c) Contractor – The bidder whose tender has been accepted by the railway shall be

termed as the contractor. d) Sub-Contractor – A person/ firm who has entered into a contract with the

contractor for supplying materials and/or services.

-x-x-x-x-x-x-x-x-

GOVERNMENT OF INDIAGOVERNMENT OF INDIAGOVERNMENT OF INDIAGOVERNMENT OF INDIA

MINISTRY OF RAILWAYSMINISTRY OF RAILWAYSMINISTRY OF RAILWAYSMINISTRY OF RAILWAYS

INDIAN RAILWAY STANDARD CONDITIONS OF CONTRACT:INDIAN RAILWAY STANDARD CONDITIONS OF CONTRACT:INDIAN RAILWAY STANDARD CONDITIONS OF CONTRACT:INDIAN RAILWAY STANDARD CONDITIONS OF CONTRACT: (Vide Para 417 of the Indian Railway Code for the Stores Department)(Vide Para 417 of the Indian Railway Code for the Stores Department)(Vide Para 417 of the Indian Railway Code for the Stores Department)(Vide Para 417 of the Indian Railway Code for the Stores Department)

DESCRIPTION CLAUSE DESCRIPTION CLAUSE Definitions and Interpretation: 0100 Freight: 2100 Parties: 0200 Removal of Rejected

Stores: 2200 Quotations of rates by

Contractors: 0300 System of Payment: 2300 Contract: 0400 Withholding and lien in

respect of sums claimed: 2400 Security Deposit: 0500 Corrupt Practices: 2500 Delivery: 0600 Insolvency and Breach of

Contract: 2600 Time for and Date of Delivery: 0700 Laws governing the

Contract: 2700 Extension of Time for Delivery: 0800 Headings: 2800 Examination of Drawing,

Specifications and Patterns: 0900 Arbitration: 2900 Mistakes in Drawing: 1000 Fall Clause: 3000 Samples: 1100 Inspection &Rejection: 3100 Risk of Loss or Damage to

Government or Purchaser's

Property: 1200 Warranty/Guarantee: 3200

Inspection by Inspecting Officer: 1300 Book Examination Clause: 3300 Charges for Work Necessary for

Completion of the Contract: 1400 Inspection at the Fag End

of the Delivery Period: 3400 Responsibility of the Contractor

for Executing the Contract: 1500 Special conditions: 3500 Use of Raw Materials secured

with Government Assistance: 1600 Purpose of Contract and

Parties to the Contract: 3600 Indemnity: 1700 Delivery: 3700 Packing: 1800 Increase or Decrease of

Quantities: 3800 Notification of Delivery: 1900 Maintenance and

Replacement of Stocks: 3900 Progress Reports: 2000 Reporting Progress of

Contract: 4000

0100.0100.0100.0100. DefinitioDefinitioDefinitioDefinitions and Interpretation.ns and Interpretation.ns and Interpretation.ns and Interpretation.

0101.0101.0101.0101. In the Contract, unless the context otherwise requires In the Contract, unless the context otherwise requires In the Contract, unless the context otherwise requires In the Contract, unless the context otherwise requires ; ; ; ;

0102.0102.0102.0102. "Acceptance of Tender" "Acceptance of Tender" "Acceptance of Tender" "Acceptance of Tender" means the letter of memorandum communicating means the letter of memorandum communicating means the letter of memorandum communicating means the letter of memorandum communicating to the Contractor the acceptance of his tender and includes an advance to the Contractor the acceptance of his tender and includes an advance to the Contractor the acceptance of his tender and includes an advance to the Contractor the acceptance of his tender and includes an advance acceptance of his acceptance of his acceptance of his acceptance of his tender; tender; tender; tender;

0103.0103.0103.0103. "Consignee" "Consignee" "Consignee" "Consignee" means where the stores are required by the acceptance of means where the stores are required by the acceptance of means where the stores are required by the acceptance of means where the stores are required by the acceptance of tender to be despatched by rail, road, air or steamer, the person specified in the tender to be despatched by rail, road, air or steamer, the person specified in the tender to be despatched by rail, road, air or steamer, the person specified in the tender to be despatched by rail, road, air or steamer, the person specified in the Acceptance of Tender to whom they are to be delivered at the destination; Acceptance of Tender to whom they are to be delivered at the destination; Acceptance of Tender to whom they are to be delivered at the destination; Acceptance of Tender to whom they are to be delivered at the destination; Where the StorWhere the StorWhere the StorWhere the Stores are required by the acceptance of tender to be delivered to a es are required by the acceptance of tender to be delivered to a es are required by the acceptance of tender to be delivered to a es are required by the acceptance of tender to be delivered to a person as an interim consignee for the purpose of despatch to another person, person as an interim consignee for the purpose of despatch to another person, person as an interim consignee for the purpose of despatch to another person, person as an interim consignee for the purpose of despatch to another person, such other persons; and in any other case the person to whom the stores are such other persons; and in any other case the person to whom the stores are such other persons; and in any other case the person to whom the stores are such other persons; and in any other case the person to whom the stores are required by the acceptance of tender required by the acceptance of tender required by the acceptance of tender required by the acceptance of tender to be delivered in the manner therein to be delivered in the manner therein to be delivered in the manner therein to be delivered in the manner therein specified specified specified specified

0104.0104.0104.0104. "Contract" "Contract" "Contract" "Contract" means and includes the invitation to tender, instructions to means and includes the invitation to tender, instructions to means and includes the invitation to tender, instructions to means and includes the invitation to tender, instructions to tenderers, tender, acceptance of tender, Standard Conditions of Contract, tenderers, tender, acceptance of tender, Standard Conditions of Contract, tenderers, tender, acceptance of tender, Standard Conditions of Contract, tenderers, tender, acceptance of tender, Standard Conditions of Contract, Special Conditions of Contract, particulars and the otSpecial Conditions of Contract, particulars and the otSpecial Conditions of Contract, particulars and the otSpecial Conditions of Contract, particulars and the other conditions specified in her conditions specified in her conditions specified in her conditions specified in the acceptance of tender and includes a repeat order which has been accepted the acceptance of tender and includes a repeat order which has been accepted the acceptance of tender and includes a repeat order which has been accepted the acceptance of tender and includes a repeat order which has been accepted or acted upon by the contractor and a formal agreement if executed; or acted upon by the contractor and a formal agreement if executed; or acted upon by the contractor and a formal agreement if executed; or acted upon by the contractor and a formal agreement if executed;

0105.0105.0105.0105. The The The The "Contractor" "Contractor" "Contractor" "Contractor" means the person, firm or company with whom the order means the person, firm or company with whom the order means the person, firm or company with whom the order means the person, firm or company with whom the order for for for for the supply is placed and shall be deemed to include the contractor's the supply is placed and shall be deemed to include the contractor's the supply is placed and shall be deemed to include the contractor's the supply is placed and shall be deemed to include the contractor's successors (approved by the Purchaser), representatives, heirs, executors and successors (approved by the Purchaser), representatives, heirs, executors and successors (approved by the Purchaser), representatives, heirs, executors and successors (approved by the Purchaser), representatives, heirs, executors and administrators as the case may be, unless excluded by the terms of the contract administrators as the case may be, unless excluded by the terms of the contract administrators as the case may be, unless excluded by the terms of the contract administrators as the case may be, unless excluded by the terms of the contract

0106.0106.0106.0106. "The Sub"The Sub"The Sub"The Sub----contractor"contractor"contractor"contractor" means any person, firm or company from whom the means any person, firm or company from whom the means any person, firm or company from whom the means any person, firm or company from whom the Contractor may obtain any material or fittings to be used in the supply or Contractor may obtain any material or fittings to be used in the supply or Contractor may obtain any material or fittings to be used in the supply or Contractor may obtain any material or fittings to be used in the supply or manufacture of the stores, manufacture of the stores, manufacture of the stores, manufacture of the stores,

0107.0107.0107.0107. "Drawing" "Drawing" "Drawing" "Drawing" means the drawing or drawings specified in or annexed to the means the drawing or drawings specified in or annexed to the means the drawing or drawings specified in or annexed to the means the drawing or drawings specified in or annexed to the Schedule or Specifications Schedule or Specifications Schedule or Specifications Schedule or Specifications

0108.0108.0108.0108. "Government" "Government" "Government" "Government" means the Central Government or a State Government, as means the Central Government or a State Government, as means the Central Government or a State Government, as means the Central Government or a State Government, as the case may be; the case may be; the case may be; the case may be;

0109.0109.0109.0109. "The Inspecting Officer ”"The Inspecting Officer ”"The Inspecting Officer ”"The Inspecting Officer ” means the person specified in the contract for means the person specified in the contract for means the person specified in the contract for means the person specified in the contract for the purpose of Inspection of stores or work under the contract and includes his the purpose of Inspection of stores or work under the contract and includes his the purpose of Inspection of stores or work under the contract and includes his the purpose of Inspection of stores or work under the contract and includes his auauauauthorised representative; thorised representative; thorised representative; thorised representative;

0110.0110.0110.0110. "Material""Material""Material""Material" means anything used in the manufacture or fabrication of the means anything used in the manufacture or fabrication of the means anything used in the manufacture or fabrication of the means anything used in the manufacture or fabrication of the stores stores stores stores

0111.0111.0111.0111. "Particulars""Particulars""Particulars""Particulars" include include include include----

(a) (a) (a) (a) Specifications Specifications Specifications Specifications

(b)(b)(b)(b) Drawings Drawings Drawings Drawings

(c)(c)(c)(c) Pattern bearing the seal and signature o Pattern bearing the seal and signature o Pattern bearing the seal and signature o Pattern bearing the seal and signature of the Inspecting Officer f the Inspecting Officer f the Inspecting Officer f the Inspecting Officer (hereinafter called the sealed pattern) which shall include also a certified copy (hereinafter called the sealed pattern) which shall include also a certified copy (hereinafter called the sealed pattern) which shall include also a certified copy (hereinafter called the sealed pattern) which shall include also a certified copy thereof sealed by the Purchaser for the guidance of the Inspecting Officer; thereof sealed by the Purchaser for the guidance of the Inspecting Officer; thereof sealed by the Purchaser for the guidance of the Inspecting Officer; thereof sealed by the Purchaser for the guidance of the Inspecting Officer;

(d) (d) (d) (d) Sample sealed by the Purchaser for guidance of the Inspec Sample sealed by the Purchaser for guidance of the Inspec Sample sealed by the Purchaser for guidance of the Inspec Sample sealed by the Purchaser for guidance of the Inspecting Officer ting Officer ting Officer ting Officer (hereinafter called the certified sample) which shall include a certified copy (hereinafter called the certified sample) which shall include a certified copy (hereinafter called the certified sample) which shall include a certified copy (hereinafter called the certified sample) which shall include a certified copy thereof sealed by the Purchaser for the guidance of the Inspecting Officer; thereof sealed by the Purchaser for the guidance of the Inspecting Officer; thereof sealed by the Purchaser for the guidance of the Inspecting Officer; thereof sealed by the Purchaser for the guidance of the Inspecting Officer;

(e)(e)(e)(e) Trade pattern, that is to say, a pattern, stores conforming to which are Trade pattern, that is to say, a pattern, stores conforming to which are Trade pattern, that is to say, a pattern, stores conforming to which are Trade pattern, that is to say, a pattern, stores conforming to which are obtainable in the open market and which denotes a standard of the Indian obtainable in the open market and which denotes a standard of the Indian obtainable in the open market and which denotes a standard of the Indian obtainable in the open market and which denotes a standard of the Indian Standard Institute or other standardising authority or a general standard of the Standard Institute or other standardising authority or a general standard of the Standard Institute or other standardising authority or a general standard of the Standard Institute or other standardising authority or a general standard of the industry; industry; industry; industry;

(f) (f) (f) (f) "Proprietary mark "or " brand"Proprietary mark "or " brand"Proprietary mark "or " brand"Proprietary mark "or " brand """" means the mark or brand of a product means the mark or brand of a product means the mark or brand of a product means the mark or brand of a product whicwhicwhicwhich is owned by an industrial firm h is owned by an industrial firm h is owned by an industrial firm h is owned by an industrial firm

(g) (g) (g) (g) any other details governing the construction, manufacture or supply any other details governing the construction, manufacture or supply any other details governing the construction, manufacture or supply any other details governing the construction, manufacture or supply of stores as may be prescribed by the contract of stores as may be prescribed by the contract of stores as may be prescribed by the contract of stores as may be prescribed by the contract

0112.0112.0112.0112. " Purchase Officer "" Purchase Officer "" Purchase Officer "" Purchase Officer " means the officer signing the acceptance of tender means the officer signing the acceptance of tender means the officer signing the acceptance of tender means the officer signing the acceptance of tender and includand includand includand includes any es any es any es any officer who has authority to execute the relevant contract on behalf of the officer who has authority to execute the relevant contract on behalf of the officer who has authority to execute the relevant contract on behalf of the officer who has authority to execute the relevant contract on behalf of the Purchaser Purchaser Purchaser Purchaser

0113.0113.0113.0113. " The Purchaser "" The Purchaser "" The Purchaser "" The Purchaser " means the President of India in the case of stores means the President of India in the case of stores means the President of India in the case of stores means the President of India in the case of stores ordered for the Indian Government Railways and includes his successors and ordered for the Indian Government Railways and includes his successors and ordered for the Indian Government Railways and includes his successors and ordered for the Indian Government Railways and includes his successors and assignees assignees assignees assignees

0114.0114.0114.0114. "Signed" "Signed" "Signed" "Signed" includes stamped, except in the case of an acceptance of tender includes stamped, except in the case of an acceptance of tender includes stamped, except in the case of an acceptance of tender includes stamped, except in the case of an acceptance of tender or any amendment thereof or any amendment thereof or any amendment thereof or any amendment thereof

0115.0115.0115.0115. "Site" "Site" "Site" "Site" means the place specified in the contract at which any work is means the place specified in the contract at which any work is means the place specified in the contract at which any work is means the place specified in the contract at which any work is required to be executed by the contractor under the contract or any otherequired to be executed by the contractor under the contract or any otherequired to be executed by the contractor under the contract or any otherequired to be executed by the contractor under the contract or any other place r place r place r place approved by the Purchaser for the purpose; approved by the Purchaser for the purpose; approved by the Purchaser for the purpose; approved by the Purchaser for the purpose;

0116.0116.0116.0116. "Stores" "Stores" "Stores" "Stores" means the goods specified in the contract which the contractor means the goods specified in the contract which the contractor means the goods specified in the contract which the contractor means the goods specified in the contract which the contractor has agreed to supply under the contract; has agreed to supply under the contract; has agreed to supply under the contract; has agreed to supply under the contract;

0117.0117.0117.0117. "Supply Order""Supply Order""Supply Order""Supply Order" means an order for supply of stores and includes an order means an order for supply of stores and includes an order means an order for supply of stores and includes an order means an order for supply of stores and includes an order forforforfor performance of service performance of service performance of service performance of service

0118.0118.0118.0118. "Test""Test""Test""Test" means such test as is prescribed by the particulars or considered means such test as is prescribed by the particulars or considered means such test as is prescribed by the particulars or considered means such test as is prescribed by the particulars or considered necessary by the Inspecting Officer whether performed or made by the necessary by the Inspecting Officer whether performed or made by the necessary by the Inspecting Officer whether performed or made by the necessary by the Inspecting Officer whether performed or made by the Inspecting Officer or any agency acting under the direction of the Inspecting Inspecting Officer or any agency acting under the direction of the Inspecting Inspecting Officer or any agency acting under the direction of the Inspecting Inspecting Officer or any agency acting under the direction of the Inspecting offioffioffiofficer; cer; cer; cer;

0119.0119.0119.0119. "Unit" and "Quantity" "Unit" and "Quantity" "Unit" and "Quantity" "Unit" and "Quantity" means the unit and quantity specified in the contract; means the unit and quantity specified in the contract; means the unit and quantity specified in the contract; means the unit and quantity specified in the contract;

0120.0120.0120.0120. "Writing" or "Written" "Writing" or "Written" "Writing" or "Written" "Writing" or "Written" includes matter either in whole or in part, in includes matter either in whole or in part, in includes matter either in whole or in part, in includes matter either in whole or in part, in manuscript, typewritten, lithographed, cyclostyled, photographed or printed under manuscript, typewritten, lithographed, cyclostyled, photographed or printed under manuscript, typewritten, lithographed, cyclostyled, photographed or printed under manuscript, typewritten, lithographed, cyclostyled, photographed or printed under or oveor oveor oveor over signature or seal, as the case may be; r signature or seal, as the case may be; r signature or seal, as the case may be; r signature or seal, as the case may be;

0121.0121.0121.0121. The delivery of the stores shall be deemed to take place on delivery of the The delivery of the stores shall be deemed to take place on delivery of the The delivery of the stores shall be deemed to take place on delivery of the The delivery of the stores shall be deemed to take place on delivery of the stores in accordance with the terms of the contract, after approval by the stores in accordance with the terms of the contract, after approval by the stores in accordance with the terms of the contract, after approval by the stores in accordance with the terms of the contract, after approval by the Inspecting Officer if so provided in the contract to Inspecting Officer if so provided in the contract to Inspecting Officer if so provided in the contract to Inspecting Officer if so provided in the contract to ----

(a) (a) (a) (a) the consignee at his premises ; or the consignee at his premises ; or the consignee at his premises ; or the consignee at his premises ; or

(b) (b) (b) (b) where so provided the interim consignee at his premises , or where so provided the interim consignee at his premises , or where so provided the interim consignee at his premises , or where so provided the interim consignee at his premises , or

(c) (c) (c) (c) a carrier or other person named in the contract for the purpose of a carrier or other person named in the contract for the purpose of a carrier or other person named in the contract for the purpose of a carrier or other person named in the contract for the purpose of transmission to the consignee, or transmission to the consignee, or transmission to the consignee, or transmission to the consignee, or

(d)(d)(d)(d) The consi The consi The consi The consignee at the destination station in case of contract stipulating gnee at the destination station in case of contract stipulating gnee at the destination station in case of contract stipulating gnee at the destination station in case of contract stipulating for delivery of stores at destination station. for delivery of stores at destination station. for delivery of stores at destination station. for delivery of stores at destination station.

0122.0122.0122.0122. Words in the singular include the plural and vice versa Words in the singular include the plural and vice versa Words in the singular include the plural and vice versa Words in the singular include the plural and vice versa

0123.0123.0123.0123. Words importing the masculine gender shall be taken to include the Words importing the masculine gender shall be taken to include the Words importing the masculine gender shall be taken to include the Words importing the masculine gender shall be taken to include the feminifeminifeminifeminine gender and words importing persons shall include any company or ne gender and words importing persons shall include any company or ne gender and words importing persons shall include any company or ne gender and words importing persons shall include any company or association or body of individuals, whether incorporated or not; association or body of individuals, whether incorporated or not; association or body of individuals, whether incorporated or not; association or body of individuals, whether incorporated or not;

0124.0124.0124.0124. The heading of these conditions shall not affect the interpretation or The heading of these conditions shall not affect the interpretation or The heading of these conditions shall not affect the interpretation or The heading of these conditions shall not affect the interpretation or construction thereof; construction thereof; construction thereof; construction thereof;

0125.0125.0125.0125. Terms and express Terms and express Terms and express Terms and expression not herein defined shall have the meanings ion not herein defined shall have the meanings ion not herein defined shall have the meanings ion not herein defined shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930 (as amended), or the assigned to them in the Indian Sale of Goods Act, 1930 (as amended), or the assigned to them in the Indian Sale of Goods Act, 1930 (as amended), or the assigned to them in the Indian Sale of Goods Act, 1930 (as amended), or the Indian Contract Act, 1872 (as amended) or the General Clauses Act, 1897 (as Indian Contract Act, 1872 (as amended) or the General Clauses Act, 1897 (as Indian Contract Act, 1872 (as amended) or the General Clauses Act, 1897 (as Indian Contract Act, 1872 (as amended) or the General Clauses Act, 1897 (as amended), as the case may be. amended), as the case may be. amended), as the case may be. amended), as the case may be.

0200.0200.0200.0200. PartiesPartiesPartiesParties---- The partie The partie The partie The parties to the contract are the Contractor and the Purchaser, s to the contract are the Contractor and the Purchaser, s to the contract are the Contractor and the Purchaser, s to the contract are the Contractor and the Purchaser, as defined in Clauses 0105 and 0113. as defined in Clauses 0105 and 0113. as defined in Clauses 0105 and 0113. as defined in Clauses 0105 and 0113.

0201.0201.0201.0201. Authority of person signing the Contract on behalf of the Contractor Authority of person signing the Contract on behalf of the Contractor Authority of person signing the Contract on behalf of the Contractor Authority of person signing the Contract on behalf of the Contractor----A A A A person signing the tender or any other document in respect of the Contract on person signing the tender or any other document in respect of the Contract on person signing the tender or any other document in respect of the Contract on person signing the tender or any other document in respect of the Contract on behalfbehalfbehalfbehalf of the Contractor without disclosing his authority to do so shall be deemed of the Contractor without disclosing his authority to do so shall be deemed of the Contractor without disclosing his authority to do so shall be deemed of the Contractor without disclosing his authority to do so shall be deemed to warrant that he has authority to bind the Contractor.to warrant that he has authority to bind the Contractor.to warrant that he has authority to bind the Contractor.to warrant that he has authority to bind the Contractor. If it is discovered at any If it is discovered at any If it is discovered at any If it is discovered at any time that the person so signing has no authority to do so, the Purchaser may, time that the person so signing has no authority to do so, the Purchaser may, time that the person so signing has no authority to do so, the Purchaser may, time that the person so signing has no authority to do so, the Purchaser may, without prejudicwithout prejudicwithout prejudicwithout prejudice to any other right or remedy of the Purchaser, cancel the e to any other right or remedy of the Purchaser, cancel the e to any other right or remedy of the Purchaser, cancel the e to any other right or remedy of the Purchaser, cancel the contract and make or authorize the making of a purchase of the stores at the risk contract and make or authorize the making of a purchase of the stores at the risk contract and make or authorize the making of a purchase of the stores at the risk contract and make or authorize the making of a purchase of the stores at the risk and cost of such person and hold such person liable to the Purchaser for all and cost of such person and hold such person liable to the Purchaser for all and cost of such person and hold such person liable to the Purchaser for all and cost of such person and hold such person liable to the Purchaser for all costs and damages arising from the cacosts and damages arising from the cacosts and damages arising from the cacosts and damages arising from the cancellation of the contract including any ncellation of the contract including any ncellation of the contract including any ncellation of the contract including any loss which the Purchaser may sustain on account of such purchase.loss which the Purchaser may sustain on account of such purchase.loss which the Purchaser may sustain on account of such purchase.loss which the Purchaser may sustain on account of such purchase. The The The The provisions of Clause 0700 shall apply to every such purchase as far as provisions of Clause 0700 shall apply to every such purchase as far as provisions of Clause 0700 shall apply to every such purchase as far as provisions of Clause 0700 shall apply to every such purchase as far as applicable. applicable. applicable. applicable.

0202.0202.0202.0202. Address of the Contractor and notices and communicati Address of the Contractor and notices and communicati Address of the Contractor and notices and communicati Address of the Contractor and notices and communications on behalf of ons on behalf of ons on behalf of ons on behalf of the Purchaser:the Purchaser:the Purchaser:the Purchaser:---- (a) (a) (a) (a) For all purposes of the contract, including arbitration thereunder, the address For all purposes of the contract, including arbitration thereunder, the address For all purposes of the contract, including arbitration thereunder, the address For all purposes of the contract, including arbitration thereunder, the address of the Contractor mentioned in the tender shall be the address to which all of the Contractor mentioned in the tender shall be the address to which all of the Contractor mentioned in the tender shall be the address to which all of the Contractor mentioned in the tender shall be the address to which all communications addressed to the Contractor shall be sent, unlecommunications addressed to the Contractor shall be sent, unlecommunications addressed to the Contractor shall be sent, unlecommunications addressed to the Contractor shall be sent, unless the Contractor ss the Contractor ss the Contractor ss the Contractor has notified change by a separate letter containing no other communication and has notified change by a separate letter containing no other communication and has notified change by a separate letter containing no other communication and has notified change by a separate letter containing no other communication and sent by registered post acknowledgement due to the Purchaser.sent by registered post acknowledgement due to the Purchaser.sent by registered post acknowledgement due to the Purchaser.sent by registered post acknowledgement due to the Purchaser. The Contractor The Contractor The Contractor The Contractor shall be solely responsible for the consequence of an omission to notify a changeshall be solely responsible for the consequence of an omission to notify a changeshall be solely responsible for the consequence of an omission to notify a changeshall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid. of address in the manner aforesaid. of address in the manner aforesaid. of address in the manner aforesaid.

(b) (b) (b) (b) Any communication or notice on behalf of the Purchaser in relation to the Any communication or notice on behalf of the Purchaser in relation to the Any communication or notice on behalf of the Purchaser in relation to the Any communication or notice on behalf of the Purchaser in relation to the contract may be issued to the Contractor by the Purchase Officer and all such contract may be issued to the Contractor by the Purchase Officer and all such contract may be issued to the Contractor by the Purchase Officer and all such contract may be issued to the Contractor by the Purchase Officer and all such communications and notices may be served on the Contractor eitcommunications and notices may be served on the Contractor eitcommunications and notices may be served on the Contractor eitcommunications and notices may be served on the Contractor either by her by her by her by registered posts or under certificate of posting or by ordinary post or by hand registered posts or under certificate of posting or by ordinary post or by hand registered posts or under certificate of posting or by ordinary post or by hand registered posts or under certificate of posting or by ordinary post or by hand delivery at the option of such officer. delivery at the option of such officer. delivery at the option of such officer. delivery at the option of such officer.

0300.0300.0300.0300. Quotations of rates by Contractors Quotations of rates by Contractors Quotations of rates by Contractors Quotations of rates by Contractors

(a)(a)(a)(a) The price quoted by the Contractor shall not be higher than the controlled The price quoted by the Contractor shall not be higher than the controlled The price quoted by the Contractor shall not be higher than the controlled The price quoted by the Contractor shall not be higher than the controlled price price price price fixed by law for the stores or where there is no controlled price, it shall not fixed by law for the stores or where there is no controlled price, it shall not fixed by law for the stores or where there is no controlled price, it shall not fixed by law for the stores or where there is no controlled price, it shall not exceed the prices or contravenes the norms for fixation of prices laid down by exceed the prices or contravenes the norms for fixation of prices laid down by exceed the prices or contravenes the norms for fixation of prices laid down by exceed the prices or contravenes the norms for fixation of prices laid down by Government or where no such prices or norms have been fixed by the Government or where no such prices or norms have been fixed by the Government or where no such prices or norms have been fixed by the Government or where no such prices or norms have been fixed by the Government, it shall not exceeGovernment, it shall not exceeGovernment, it shall not exceeGovernment, it shall not exceed the price appearing in any agreement relating to d the price appearing in any agreement relating to d the price appearing in any agreement relating to d the price appearing in any agreement relating to price regulation by any industry in consultation with the Government.price regulation by any industry in consultation with the Government.price regulation by any industry in consultation with the Government.price regulation by any industry in consultation with the Government. In any In any In any In any case, save for special reasons stated in the tender, the price quoted shall not be case, save for special reasons stated in the tender, the price quoted shall not be case, save for special reasons stated in the tender, the price quoted shall not be case, save for special reasons stated in the tender, the price quoted shall not be higher than the lowest price charged by the higher than the lowest price charged by the higher than the lowest price charged by the higher than the lowest price charged by the Contractor for stores of the same Contractor for stores of the same Contractor for stores of the same Contractor for stores of the same nature, class or description to a private purchaser, domestic or foreign as well as nature, class or description to a private purchaser, domestic or foreign as well as nature, class or description to a private purchaser, domestic or foreign as well as nature, class or description to a private purchaser, domestic or foreign as well as Purchaser Governments. Purchaser Governments. Purchaser Governments. Purchaser Governments.

(b)(b)(b)(b) If the price quoted is higher than the controlled price or where there is no If the price quoted is higher than the controlled price or where there is no If the price quoted is higher than the controlled price or where there is no If the price quoted is higher than the controlled price or where there is no controlled price, the price usualcontrolled price, the price usualcontrolled price, the price usualcontrolled price, the price usually charged by the Contractor from a private ly charged by the Contractor from a private ly charged by the Contractor from a private ly charged by the Contractor from a private Purchaser, domestic or foreign, as well as Purchaser Government for the stores Purchaser, domestic or foreign, as well as Purchaser Government for the stores Purchaser, domestic or foreign, as well as Purchaser Government for the stores Purchaser, domestic or foreign, as well as Purchaser Government for the stores of the same nature, class or description the Contractor will specifically mention of the same nature, class or description the Contractor will specifically mention of the same nature, class or description the Contractor will specifically mention of the same nature, class or description the Contractor will specifically mention this fact in his tender giving reasons for quoting this fact in his tender giving reasons for quoting this fact in his tender giving reasons for quoting this fact in his tender giving reasons for quoting higher price(s). If he fails to do higher price(s). If he fails to do higher price(s). If he fails to do higher price(s). If he fails to do so or makes any misso or makes any misso or makes any misso or makes any mis----statement, it shall be lawful for the Purchaser, (i) to revise statement, it shall be lawful for the Purchaser, (i) to revise statement, it shall be lawful for the Purchaser, (i) to revise statement, it shall be lawful for the Purchaser, (i) to revise the price at any stage so as to bring it in conformity with the Sub clause (a) the price at any stage so as to bring it in conformity with the Sub clause (a) the price at any stage so as to bring it in conformity with the Sub clause (a) the price at any stage so as to bring it in conformity with the Sub clause (a) above or (ii) to terminate the contract and forfeit the Secabove or (ii) to terminate the contract and forfeit the Secabove or (ii) to terminate the contract and forfeit the Secabove or (ii) to terminate the contract and forfeit the Security Deposit. urity Deposit. urity Deposit. urity Deposit.

0400.0400.0400.0400. Contract. Contract. Contract. Contract.

0401.0401.0401.0401. This contract is for the supply of the stores of the description, This contract is for the supply of the stores of the description, This contract is for the supply of the stores of the description, This contract is for the supply of the stores of the description, specifications and drawings, and in the quantities set forth in the contract on the specifications and drawings, and in the quantities set forth in the contract on the specifications and drawings, and in the quantities set forth in the contract on the specifications and drawings, and in the quantities set forth in the contract on the date or dates specified therein.date or dates specified therein.date or dates specified therein.date or dates specified therein. Unless otherwise specified, the Unless otherwise specified, the Unless otherwise specified, the Unless otherwise specified, the stores shall be stores shall be stores shall be stores shall be entirely brand new and of the best quality and workmanship to the satisfaction of entirely brand new and of the best quality and workmanship to the satisfaction of entirely brand new and of the best quality and workmanship to the satisfaction of entirely brand new and of the best quality and workmanship to the satisfaction of the Inspecting Officer.the Inspecting Officer.the Inspecting Officer.the Inspecting Officer. The stores shall further be in all respects acceptable to The stores shall further be in all respects acceptable to The stores shall further be in all respects acceptable to The stores shall further be in all respects acceptable to the Inspecting Officer. the Inspecting Officer. the Inspecting Officer. the Inspecting Officer.

0402.0402.0402.0402. Any variation or amendment of the contract Any variation or amendment of the contract Any variation or amendment of the contract Any variation or amendment of the contract shall not be binding on the shall not be binding on the shall not be binding on the shall not be binding on the Purchaser unless and until the same is duly endorsed on the contract Purchaser unless and until the same is duly endorsed on the contract Purchaser unless and until the same is duly endorsed on the contract Purchaser unless and until the same is duly endorsed on the contract

incorporated in a formal instrument or in exchange of letters and signed by the incorporated in a formal instrument or in exchange of letters and signed by the incorporated in a formal instrument or in exchange of letters and signed by the incorporated in a formal instrument or in exchange of letters and signed by the parties. parties. parties. parties.

0500.0500.0500.0500. Security Deposit.Security Deposit.Security Deposit.Security Deposit.

0501.0501.0501.0501. Unless otherwise agreed between the Unless otherwise agreed between the Unless otherwise agreed between the Unless otherwise agreed between the Purchaser and the Contractor, the Purchaser and the Contractor, the Purchaser and the Contractor, the Purchaser and the Contractor, the Contractor shall, within 14 days after written notices of acceptance of the tender Contractor shall, within 14 days after written notices of acceptance of the tender Contractor shall, within 14 days after written notices of acceptance of the tender Contractor shall, within 14 days after written notices of acceptance of the tender has been posted to the Contractor, deposit with the railway concerned (in cash or has been posted to the Contractor, deposit with the railway concerned (in cash or has been posted to the Contractor, deposit with the railway concerned (in cash or has been posted to the Contractor, deposit with the railway concerned (in cash or the equivalent in Government Securities or approved Bankthe equivalent in Government Securities or approved Bankthe equivalent in Government Securities or approved Bankthe equivalent in Government Securities or approved Banker's Guarantee Bond) er's Guarantee Bond) er's Guarantee Bond) er's Guarantee Bond) a sum equal to 5 per cent of the total value of the stores detailed in the contract a sum equal to 5 per cent of the total value of the stores detailed in the contract a sum equal to 5 per cent of the total value of the stores detailed in the contract a sum equal to 5 per cent of the total value of the stores detailed in the contract for which the tender has been accepted, subject to a maximum of Rs. 1,00,000 for which the tender has been accepted, subject to a maximum of Rs. 1,00,000 for which the tender has been accepted, subject to a maximum of Rs. 1,00,000 for which the tender has been accepted, subject to a maximum of Rs. 1,00,000 as a security for the due fulfilment of the contract. as a security for the due fulfilment of the contract. as a security for the due fulfilment of the contract. as a security for the due fulfilment of the contract.

0502.0502.0502.0502. If the Contr If the Contr If the Contr If the Contractor, having been called upon by the Purchaser to furnish actor, having been called upon by the Purchaser to furnish actor, having been called upon by the Purchaser to furnish actor, having been called upon by the Purchaser to furnish security, fails to make and to maintain a security deposit within the specified security, fails to make and to maintain a security deposit within the specified security, fails to make and to maintain a security deposit within the specified security, fails to make and to maintain a security deposit within the specified period, it shall be lawful for the Purchaser period, it shall be lawful for the Purchaser period, it shall be lawful for the Purchaser period, it shall be lawful for the Purchaser ----

(a)(a)(a)(a) to recover from the Contractor the amount of such security deposi to recover from the Contractor the amount of such security deposi to recover from the Contractor the amount of such security deposi to recover from the Contractor the amount of such security deposit by t by t by t by deducting the amount from the pending bills of the Contractor under the contract deducting the amount from the pending bills of the Contractor under the contract deducting the amount from the pending bills of the Contractor under the contract deducting the amount from the pending bills of the Contractor under the contract or any other contract with the Purchaser or the Government or any person or any other contract with the Purchaser or the Government or any person or any other contract with the Purchaser or the Government or any person or any other contract with the Purchaser or the Government or any person contracting through the Purchaser or otherwise howsoever, or contracting through the Purchaser or otherwise howsoever, or contracting through the Purchaser or otherwise howsoever, or contracting through the Purchaser or otherwise howsoever, or

(b)(b)(b)(b) to cancel the contract or any p to cancel the contract or any p to cancel the contract or any p to cancel the contract or any part thereof and to purchase or authorise the art thereof and to purchase or authorise the art thereof and to purchase or authorise the art thereof and to purchase or authorise the purchase of the stores at the risk and cost of the Contractor and in that event the purchase of the stores at the risk and cost of the Contractor and in that event the purchase of the stores at the risk and cost of the Contractor and in that event the purchase of the stores at the risk and cost of the Contractor and in that event the provisions of Clause 0702 shall apply as far as applicable. provisions of Clause 0702 shall apply as far as applicable. provisions of Clause 0702 shall apply as far as applicable. provisions of Clause 0702 shall apply as far as applicable.

0503.0503.0503.0503. No claim shall lie against the Purchaser in respect of inte No claim shall lie against the Purchaser in respect of inte No claim shall lie against the Purchaser in respect of inte No claim shall lie against the Purchaser in respect of interest on cash rest on cash rest on cash rest on cash deposits or Government Securities or depreciation thereof. deposits or Government Securities or depreciation thereof. deposits or Government Securities or depreciation thereof. deposits or Government Securities or depreciation thereof.

0504.0504.0504.0504. The Purchaser shall be entitled and it shall be lawful on his part to forfeit The Purchaser shall be entitled and it shall be lawful on his part to forfeit The Purchaser shall be entitled and it shall be lawful on his part to forfeit The Purchaser shall be entitled and it shall be lawful on his part to forfeit the said security deposit in whole or in part in the event of any default, failure or the said security deposit in whole or in part in the event of any default, failure or the said security deposit in whole or in part in the event of any default, failure or the said security deposit in whole or in part in the event of any default, failure or neglect on tneglect on tneglect on tneglect on the part of the Contractor in the fulfilment or performance in all he part of the Contractor in the fulfilment or performance in all he part of the Contractor in the fulfilment or performance in all he part of the Contractor in the fulfilment or performance in all respect of the contract under reference or any other contract with the Purchaser respect of the contract under reference or any other contract with the Purchaser respect of the contract under reference or any other contract with the Purchaser respect of the contract under reference or any other contract with the Purchaser

or any part thereof to the satisfaction of the Purchaser and the Purchaser shall or any part thereof to the satisfaction of the Purchaser and the Purchaser shall or any part thereof to the satisfaction of the Purchaser and the Purchaser shall or any part thereof to the satisfaction of the Purchaser and the Purchaser shall also be entitled to deduct falso be entitled to deduct falso be entitled to deduct falso be entitled to deduct from the said deposits any loss or damage which the rom the said deposits any loss or damage which the rom the said deposits any loss or damage which the rom the said deposits any loss or damage which the Purchaser may suffer or be put by reason of or due to any act or other default, Purchaser may suffer or be put by reason of or due to any act or other default, Purchaser may suffer or be put by reason of or due to any act or other default, Purchaser may suffer or be put by reason of or due to any act or other default, recoverable by the Purchaser from the Contractor in respect of the contract recoverable by the Purchaser from the Contractor in respect of the contract recoverable by the Purchaser from the Contractor in respect of the contract recoverable by the Purchaser from the Contractor in respect of the contract under reference or any other contract and in eithunder reference or any other contract and in eithunder reference or any other contract and in eithunder reference or any other contract and in either of the events aforesaid to call er of the events aforesaid to call er of the events aforesaid to call er of the events aforesaid to call upon the Contractor to maintain the said security deposit at its original limit by upon the Contractor to maintain the said security deposit at its original limit by upon the Contractor to maintain the said security deposit at its original limit by upon the Contractor to maintain the said security deposit at its original limit by making further deposits, provided further that the Purchaser shall be entitled to making further deposits, provided further that the Purchaser shall be entitled to making further deposits, provided further that the Purchaser shall be entitled to making further deposits, provided further that the Purchaser shall be entitled to recover any such claim from any sum then due or which atrecover any such claim from any sum then due or which atrecover any such claim from any sum then due or which atrecover any such claim from any sum then due or which at any time thereafter any time thereafter any time thereafter any time thereafter may become due to the Contractor under this or any other contracts with the may become due to the Contractor under this or any other contracts with the may become due to the Contractor under this or any other contracts with the may become due to the Contractor under this or any other contracts with the Purchaser. Purchaser. Purchaser. Purchaser.

0600.0600.0600.0600. Delivery. Delivery. Delivery. Delivery.

0601.0601.0601.0601. The Contractor shall as may be required by the Purchaser either deliver The Contractor shall as may be required by the Purchaser either deliver The Contractor shall as may be required by the Purchaser either deliver The Contractor shall as may be required by the Purchaser either deliver free or f.o.r. or c.i.f. at the place/places detaifree or f.o.r. or c.i.f. at the place/places detaifree or f.o.r. or c.i.f. at the place/places detaifree or f.o.r. or c.i.f. at the place/places detailed in the contract, the quantities of led in the contract, the quantities of led in the contract, the quantities of led in the contract, the quantities of the stores detailed therein and the stores shall be delivered or despatched not the stores detailed therein and the stores shall be delivered or despatched not the stores detailed therein and the stores shall be delivered or despatched not the stores detailed therein and the stores shall be delivered or despatched not later than the date specified in the contract.later than the date specified in the contract.later than the date specified in the contract.later than the date specified in the contract. The delivery, will not be deemed to The delivery, will not be deemed to The delivery, will not be deemed to The delivery, will not be deemed to be complete until and unless the stores are inspectedbe complete until and unless the stores are inspectedbe complete until and unless the stores are inspectedbe complete until and unless the stores are inspected and accepted by the and accepted by the and accepted by the and accepted by the Inspecting Officer as provided in the contract. Inspecting Officer as provided in the contract. Inspecting Officer as provided in the contract. Inspecting Officer as provided in the contract.

0602.0602.0602.0602. The Purchaser shall not be liable to render assistance to the Contractor in The Purchaser shall not be liable to render assistance to the Contractor in The Purchaser shall not be liable to render assistance to the Contractor in The Purchaser shall not be liable to render assistance to the Contractor in securing or to arrange for or provide transport to the Contractor unless it is so securing or to arrange for or provide transport to the Contractor unless it is so securing or to arrange for or provide transport to the Contractor unless it is so securing or to arrange for or provide transport to the Contractor unless it is so specifically stated ispecifically stated ispecifically stated ispecifically stated in the contract, notwithstanding that transport of the stores, is n the contract, notwithstanding that transport of the stores, is n the contract, notwithstanding that transport of the stores, is n the contract, notwithstanding that transport of the stores, is controlled by or under the orders of the Government. controlled by or under the orders of the Government. controlled by or under the orders of the Government. controlled by or under the orders of the Government.

0603.0603.0603.0603. Notwithstanding any inspection and approval by the Inspecting Officer on Notwithstanding any inspection and approval by the Inspecting Officer on Notwithstanding any inspection and approval by the Inspecting Officer on Notwithstanding any inspection and approval by the Inspecting Officer on the Contractor's premises, property in the stores shall nthe Contractor's premises, property in the stores shall nthe Contractor's premises, property in the stores shall nthe Contractor's premises, property in the stores shall not pass on to the ot pass on to the ot pass on to the ot pass on to the Purchaser until the stores have been received, inspected and accepted by the Purchaser until the stores have been received, inspected and accepted by the Purchaser until the stores have been received, inspected and accepted by the Purchaser until the stores have been received, inspected and accepted by the consignee. consignee. consignee. consignee.

0604.0604.0604.0604. No stores shall be deliverable to the consignee's depots on Sundays and No stores shall be deliverable to the consignee's depots on Sundays and No stores shall be deliverable to the consignee's depots on Sundays and No stores shall be deliverable to the consignee's depots on Sundays and public holidays without the written permission of the consignee. public holidays without the written permission of the consignee. public holidays without the written permission of the consignee. public holidays without the written permission of the consignee.

0700070007000700.... Time for and Date of DeliveryTime for and Date of DeliveryTime for and Date of DeliveryTime for and Date of Delivery; the Essence of the Contract; the Essence of the Contract; the Essence of the Contract; the Essence of the Contract---- The The The The time for and the date specified in the contract or as extended for the time for and the date specified in the contract or as extended for the time for and the date specified in the contract or as extended for the time for and the date specified in the contract or as extended for the delivery of the stores shall be deemed to be of the essence of the contract and delivery of the stores shall be deemed to be of the essence of the contract and delivery of the stores shall be deemed to be of the essence of the contract and delivery of the stores shall be deemed to be of the essence of the contract and delivery must be completed not latdelivery must be completed not latdelivery must be completed not latdelivery must be completed not later than the date(s) so specified or extended. er than the date(s) so specified or extended. er than the date(s) so specified or extended. er than the date(s) so specified or extended.

0701.0701.0701.0701. Progressing of Deliveries Progressing of Deliveries Progressing of Deliveries Progressing of Deliveries---- The Contractor shall allow reasonable facilities The Contractor shall allow reasonable facilities The Contractor shall allow reasonable facilities The Contractor shall allow reasonable facilities and free access to his works and records to the Inspecting Officer, Progress and free access to his works and records to the Inspecting Officer, Progress and free access to his works and records to the Inspecting Officer, Progress and free access to his works and records to the Inspecting Officer, Progress Officer or such other Officer as may be nominatedOfficer or such other Officer as may be nominatedOfficer or such other Officer as may be nominatedOfficer or such other Officer as may be nominated by the Purchaser for the by the Purchaser for the by the Purchaser for the by the Purchaser for the purpose of ascertaining the progress of the deliveries under the contract. purpose of ascertaining the progress of the deliveries under the contract. purpose of ascertaining the progress of the deliveries under the contract. purpose of ascertaining the progress of the deliveries under the contract.

0702.0702.0702.0702. Failure and Termination: Failure and Termination: Failure and Termination: Failure and Termination:---- If the Contractor fails to deliver the stores or any If the Contractor fails to deliver the stores or any If the Contractor fails to deliver the stores or any If the Contractor fails to deliver the stores or any instalment thereof within the period fixed for such delivery in the instalment thereof within the period fixed for such delivery in the instalment thereof within the period fixed for such delivery in the instalment thereof within the period fixed for such delivery in the contract or as contract or as contract or as contract or as extended or at any time repudiates the contract before the expiry of such period extended or at any time repudiates the contract before the expiry of such period extended or at any time repudiates the contract before the expiry of such period extended or at any time repudiates the contract before the expiry of such period the Purchaser may without prejudice to his other rights:the Purchaser may without prejudice to his other rights:the Purchaser may without prejudice to his other rights:the Purchaser may without prejudice to his other rights:----

(a)(a)(a)(a) Recover from the Contractor as agreed liquidated damages and not by way of Recover from the Contractor as agreed liquidated damages and not by way of Recover from the Contractor as agreed liquidated damages and not by way of Recover from the Contractor as agreed liquidated damages and not by way of penalty a sum equivalepenalty a sum equivalepenalty a sum equivalepenalty a sum equivalent to 2 per cent of the price of any stores (including nt to 2 per cent of the price of any stores (including nt to 2 per cent of the price of any stores (including nt to 2 per cent of the price of any stores (including elements of taxes, duties, freight, etc.) which the Contractor has failed to deliver elements of taxes, duties, freight, etc.) which the Contractor has failed to deliver elements of taxes, duties, freight, etc.) which the Contractor has failed to deliver elements of taxes, duties, freight, etc.) which the Contractor has failed to deliver within the period fixed for delivery in the contract or as extended for each month within the period fixed for delivery in the contract or as extended for each month within the period fixed for delivery in the contract or as extended for each month within the period fixed for delivery in the contract or as extended for each month or part of a month during which tor part of a month during which tor part of a month during which tor part of a month during which the delivery of such stores may be in arrears he delivery of such stores may be in arrears he delivery of such stores may be in arrears he delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, or where delivery thereof is accepted after expiry of the aforesaid period, or where delivery thereof is accepted after expiry of the aforesaid period, or where delivery thereof is accepted after expiry of the aforesaid period, or

(b)(b)(b)(b) Cancel the contract or a portion thereof and if so desired purchase or Cancel the contract or a portion thereof and if so desired purchase or Cancel the contract or a portion thereof and if so desired purchase or Cancel the contract or a portion thereof and if so desired purchase or authorize the purchase of the stores not so delivered or otauthorize the purchase of the stores not so delivered or otauthorize the purchase of the stores not so delivered or otauthorize the purchase of the stores not so delivered or others of a similar hers of a similar hers of a similar hers of a similar description (where stores exactly complying with particulars are not in the opinion description (where stores exactly complying with particulars are not in the opinion description (where stores exactly complying with particulars are not in the opinion description (where stores exactly complying with particulars are not in the opinion of the Purchaser, which shall be final, readily procurable) at the risk and cost of of the Purchaser, which shall be final, readily procurable) at the risk and cost of of the Purchaser, which shall be final, readily procurable) at the risk and cost of of the Purchaser, which shall be final, readily procurable) at the risk and cost of the Contractor.the Contractor.the Contractor.the Contractor. It shall, however, be in the discretion of the purcha It shall, however, be in the discretion of the purcha It shall, however, be in the discretion of the purcha It shall, however, be in the discretion of the purchaser to collect ser to collect ser to collect ser to collect or not, the security deposit from the firm/firms on whom the contract is placed at or not, the security deposit from the firm/firms on whom the contract is placed at or not, the security deposit from the firm/firms on whom the contract is placed at or not, the security deposit from the firm/firms on whom the contract is placed at the risk and expense of the defaulted firm. the risk and expense of the defaulted firm. the risk and expense of the defaulted firm. the risk and expense of the defaulted firm.

Where action is taken under Sub clause (b) above, the Contractor shall be Where action is taken under Sub clause (b) above, the Contractor shall be Where action is taken under Sub clause (b) above, the Contractor shall be Where action is taken under Sub clause (b) above, the Contractor shall be liable for any loss which the Puliable for any loss which the Puliable for any loss which the Puliable for any loss which the Purchaser may sustain on that account provided the rchaser may sustain on that account provided the rchaser may sustain on that account provided the rchaser may sustain on that account provided the

purchase, or, if there is an agreement to purchase 1 such agreement is made, in purchase, or, if there is an agreement to purchase 1 such agreement is made, in purchase, or, if there is an agreement to purchase 1 such agreement is made, in purchase, or, if there is an agreement to purchase 1 such agreement is made, in case of failure to deliver the stores within the period fixed for such delivery in the case of failure to deliver the stores within the period fixed for such delivery in the case of failure to deliver the stores within the period fixed for such delivery in the case of failure to deliver the stores within the period fixed for such delivery in the contract or as extended within six monthcontract or as extended within six monthcontract or as extended within six monthcontract or as extended within six months from the date of such failure and in s from the date of such failure and in s from the date of such failure and in s from the date of such failure and in case of repudiation of the contract before the expiry of the aforesaid period of case of repudiation of the contract before the expiry of the aforesaid period of case of repudiation of the contract before the expiry of the aforesaid period of case of repudiation of the contract before the expiry of the aforesaid period of delivery, within six months from the date of cancellation of the contract.delivery, within six months from the date of cancellation of the contract.delivery, within six months from the date of cancellation of the contract.delivery, within six months from the date of cancellation of the contract. The The The The Contractor shall not be entitled to any gain on such purContractor shall not be entitled to any gain on such purContractor shall not be entitled to any gain on such purContractor shall not be entitled to any gain on such purchase and the manner chase and the manner chase and the manner chase and the manner and method of such purchase shall be in the entire discretion of the Purchaser.and method of such purchase shall be in the entire discretion of the Purchaser.and method of such purchase shall be in the entire discretion of the Purchaser.and method of such purchase shall be in the entire discretion of the Purchaser. It shall not be necessary for the Purchaser to serve a notice of such purchase on It shall not be necessary for the Purchaser to serve a notice of such purchase on It shall not be necessary for the Purchaser to serve a notice of such purchase on It shall not be necessary for the Purchaser to serve a notice of such purchase on the Contractor. the Contractor. the Contractor. the Contractor.

NoteNoteNoteNote-------- In respect of the stores which are not easily av In respect of the stores which are not easily av In respect of the stores which are not easily av In respect of the stores which are not easily available in the market and ailable in the market and ailable in the market and ailable in the market and where procurement difficulties are experienced the period for making risk where procurement difficulties are experienced the period for making risk where procurement difficulties are experienced the period for making risk where procurement difficulties are experienced the period for making risk purchase shall be nine months instead of six months provided above. purchase shall be nine months instead of six months provided above. purchase shall be nine months instead of six months provided above. purchase shall be nine months instead of six months provided above.

0703.0703.0703.0703. Consequence of RejectionConsequence of RejectionConsequence of RejectionConsequence of Rejection---- If on the stores being rejected by the If on the stores being rejected by the If on the stores being rejected by the If on the stores being rejected by the Inspecting OffiInspecting OffiInspecting OffiInspecting Officer or Interim Consignee or Consignee at the destination, the cer or Interim Consignee or Consignee at the destination, the cer or Interim Consignee or Consignee at the destination, the cer or Interim Consignee or Consignee at the destination, the Contractor fails to make satisfactory supplies within the stipulated period of Contractor fails to make satisfactory supplies within the stipulated period of Contractor fails to make satisfactory supplies within the stipulated period of Contractor fails to make satisfactory supplies within the stipulated period of delivery, the Purchaser shall be at liberty to: delivery, the Purchaser shall be at liberty to: delivery, the Purchaser shall be at liberty to: delivery, the Purchaser shall be at liberty to: ----

(i) (i) (i) (i) Require the Contractor to replace the rejected stores forthwRequire the Contractor to replace the rejected stores forthwRequire the Contractor to replace the rejected stores forthwRequire the Contractor to replace the rejected stores forthwith but in any event ith but in any event ith but in any event ith but in any event not later than a period of 21 days from the date of rejection and the Contractor not later than a period of 21 days from the date of rejection and the Contractor not later than a period of 21 days from the date of rejection and the Contractor not later than a period of 21 days from the date of rejection and the Contractor shall bear all cost of such replacement including freight, if any, on such replacing shall bear all cost of such replacement including freight, if any, on such replacing shall bear all cost of such replacement including freight, if any, on such replacing shall bear all cost of such replacement including freight, if any, on such replacing and replaced stores but without being entitled to any extra payment oand replaced stores but without being entitled to any extra payment oand replaced stores but without being entitled to any extra payment oand replaced stores but without being entitled to any extra payment on that or n that or n that or n that or any other account, or any other account, or any other account, or any other account, or

(ii)(ii)(ii)(ii) Purchase or authorize the purchase of quantity of the stores rejected or Purchase or authorize the purchase of quantity of the stores rejected or Purchase or authorize the purchase of quantity of the stores rejected or Purchase or authorize the purchase of quantity of the stores rejected or others of a similar description (when stores exactly complying with particulars are others of a similar description (when stores exactly complying with particulars are others of a similar description (when stores exactly complying with particulars are others of a similar description (when stores exactly complying with particulars are not in the opinion of the Purchaser, which shall be final, renot in the opinion of the Purchaser, which shall be final, renot in the opinion of the Purchaser, which shall be final, renot in the opinion of the Purchaser, which shall be final, readily available) without adily available) without adily available) without adily available) without notice to the Contractor at his risk and cost and without affecting the Contractor's notice to the Contractor at his risk and cost and without affecting the Contractor's notice to the Contractor at his risk and cost and without affecting the Contractor's notice to the Contractor at his risk and cost and without affecting the Contractor's liability as regards the supply of any further instalment due under the contract, or liability as regards the supply of any further instalment due under the contract, or liability as regards the supply of any further instalment due under the contract, or liability as regards the supply of any further instalment due under the contract, or

(iii)(iii)(iii)(iii) Cancel the contract and purchase or authorize the purc Cancel the contract and purchase or authorize the purc Cancel the contract and purchase or authorize the purc Cancel the contract and purchase or authorize the purchase of the stores or hase of the stores or hase of the stores or hase of the stores or others of a similar description (when stores exactly complying with particulars are others of a similar description (when stores exactly complying with particulars are others of a similar description (when stores exactly complying with particulars are others of a similar description (when stores exactly complying with particulars are not, in the opinion of the Purchaser, which shall be final, readily available) at the not, in the opinion of the Purchaser, which shall be final, readily available) at the not, in the opinion of the Purchaser, which shall be final, readily available) at the not, in the opinion of the Purchaser, which shall be final, readily available) at the risk and cost of the Contractor.risk and cost of the Contractor.risk and cost of the Contractor.risk and cost of the Contractor. In the event of action being t In the event of action being t In the event of action being t In the event of action being taken under Sub aken under Sub aken under Sub aken under Sub clause (ii) above or under this Subclause (ii) above or under this Subclause (ii) above or under this Subclause (ii) above or under this Sub----clause, the provision of Clause 0702 above clause, the provision of Clause 0702 above clause, the provision of Clause 0702 above clause, the provision of Clause 0702 above will apply as far as applicable. will apply as far as applicable. will apply as far as applicable. will apply as far as applicable.

(iv) (iv) (iv) (iv) Where under the contract the price payable is fixed f.o.r. despatching station, Where under the contract the price payable is fixed f.o.r. despatching station, Where under the contract the price payable is fixed f.o.r. despatching station, Where under the contract the price payable is fixed f.o.r. despatching station, the Contractor shall, if the stores are rejthe Contractor shall, if the stores are rejthe Contractor shall, if the stores are rejthe Contractor shall, if the stores are rejected at destination by the consignee, be ected at destination by the consignee, be ected at destination by the consignee, be ected at destination by the consignee, be liable, in addition to his other liabilities, including refund of price recoverable in liable, in addition to his other liabilities, including refund of price recoverable in liable, in addition to his other liabilities, including refund of price recoverable in liable, in addition to his other liabilities, including refund of price recoverable in respect of the stores so rejected, to reimburse to the Purchaser the freight and all respect of the stores so rejected, to reimburse to the Purchaser the freight and all respect of the stores so rejected, to reimburse to the Purchaser the freight and all respect of the stores so rejected, to reimburse to the Purchaser the freight and all other expenses incurred by the Purchaser iother expenses incurred by the Purchaser iother expenses incurred by the Purchaser iother expenses incurred by the Purchaser in this regard. n this regard. n this regard. n this regard.

0800.0800.0800.0800. Extension of Time for DeliveryExtension of Time for DeliveryExtension of Time for DeliveryExtension of Time for Delivery---- If such failure as aforesaid shall have If such failure as aforesaid shall have If such failure as aforesaid shall have If such failure as aforesaid shall have arisen from any cause which the Purchaser may admit as reasonable ground for arisen from any cause which the Purchaser may admit as reasonable ground for arisen from any cause which the Purchaser may admit as reasonable ground for arisen from any cause which the Purchaser may admit as reasonable ground for extension of time, the Purchaser shall allow such additional time as he considers extension of time, the Purchaser shall allow such additional time as he considers extension of time, the Purchaser shall allow such additional time as he considers extension of time, the Purchaser shall allow such additional time as he considers totototo be justified by the circumstance of the case, and shall forgo the whole or such be justified by the circumstance of the case, and shall forgo the whole or such be justified by the circumstance of the case, and shall forgo the whole or such be justified by the circumstance of the case, and shall forgo the whole or such part, as he may consider reasonable, of his claim for such loss or damage as part, as he may consider reasonable, of his claim for such loss or damage as part, as he may consider reasonable, of his claim for such loss or damage as part, as he may consider reasonable, of his claim for such loss or damage as aforesaid.aforesaid.aforesaid.aforesaid. Any failure or delay on the part of sub Any failure or delay on the part of sub Any failure or delay on the part of sub Any failure or delay on the part of sub----contractor, though their contractor, though their contractor, though their contractor, though their employment may have bemployment may have bemployment may have bemployment may have been sanctioned under Condition 1500 hereof, shall not een sanctioned under Condition 1500 hereof, shall not een sanctioned under Condition 1500 hereof, shall not een sanctioned under Condition 1500 hereof, shall not be admitted as a reasonable ground for any extension of time or for exempting be admitted as a reasonable ground for any extension of time or for exempting be admitted as a reasonable ground for any extension of time or for exempting be admitted as a reasonable ground for any extension of time or for exempting the Contractor from liability for any such loss or damage as aforesaid. the Contractor from liability for any such loss or damage as aforesaid. the Contractor from liability for any such loss or damage as aforesaid. the Contractor from liability for any such loss or damage as aforesaid.

0900.0900.0900.0900. Examination of Drawing, Specifications and PExamination of Drawing, Specifications and PExamination of Drawing, Specifications and PExamination of Drawing, Specifications and Patternsatternsatternsatterns---- When tenders are When tenders are When tenders are When tenders are called for in accordance with a drawing, specification or sealed pattern the called for in accordance with a drawing, specification or sealed pattern the called for in accordance with a drawing, specification or sealed pattern the called for in accordance with a drawing, specification or sealed pattern the Contractor's tenders to supply in accordance with such drawing, specifications or Contractor's tenders to supply in accordance with such drawing, specifications or Contractor's tenders to supply in accordance with such drawing, specifications or Contractor's tenders to supply in accordance with such drawing, specifications or sealed pattern shall, be deemed to be an admission on his part that he sealed pattern shall, be deemed to be an admission on his part that he sealed pattern shall, be deemed to be an admission on his part that he sealed pattern shall, be deemed to be an admission on his part that he has fully has fully has fully has fully acquainted himself with the details thereof and, in no circumstances, will any acquainted himself with the details thereof and, in no circumstances, will any acquainted himself with the details thereof and, in no circumstances, will any acquainted himself with the details thereof and, in no circumstances, will any claim on his part which may arise on account of his insufficient examination of claim on his part which may arise on account of his insufficient examination of claim on his part which may arise on account of his insufficient examination of claim on his part which may arise on account of his insufficient examination of the said drawing, specification or scaled pattern be considered. the said drawing, specification or scaled pattern be considered. the said drawing, specification or scaled pattern be considered. the said drawing, specification or scaled pattern be considered.

1000.1000.1000.1000. Mistakes in DrMistakes in DrMistakes in DrMistakes in Drawing.awing.awing.awing. The Contractor shall be responsible for and shall pay for any alterations for the The Contractor shall be responsible for and shall pay for any alterations for the The Contractor shall be responsible for and shall pay for any alterations for the The Contractor shall be responsible for and shall pay for any alterations for the works due to any discrepancies, errors or omissions in the drawings or other works due to any discrepancies, errors or omissions in the drawings or other works due to any discrepancies, errors or omissions in the drawings or other works due to any discrepancies, errors or omissions in the drawings or other particulars supplied by him whether such drawings or particulars have been particulars supplied by him whether such drawings or particulars have been particulars supplied by him whether such drawings or particulars have been particulars supplied by him whether such drawings or particulars have been approved by thapproved by thapproved by thapproved by the Purchaser or not provided that such discrepancies, errors or e Purchaser or not provided that such discrepancies, errors or e Purchaser or not provided that such discrepancies, errors or e Purchaser or not provided that such discrepancies, errors or omissions be not due to inaccurate information or particulars furnished to the omissions be not due to inaccurate information or particulars furnished to the omissions be not due to inaccurate information or particulars furnished to the omissions be not due to inaccurate information or particulars furnished to the Contractor on behalf of the Purchaser.Contractor on behalf of the Purchaser.Contractor on behalf of the Purchaser.Contractor on behalf of the Purchaser. If any dimension figure upon a drawing or If any dimension figure upon a drawing or If any dimension figure upon a drawing or If any dimension figure upon a drawing or plan differ from those obtained plan differ from those obtained plan differ from those obtained plan differ from those obtained by scaling the drawing or plan, the dimensions as by scaling the drawing or plan, the dimensions as by scaling the drawing or plan, the dimensions as by scaling the drawing or plan, the dimensions as figured upon the drawing or plan shall be taken as correct. figured upon the drawing or plan shall be taken as correct. figured upon the drawing or plan shall be taken as correct. figured upon the drawing or plan shall be taken as correct.

1100.1100.1100.1100. Samples.Samples.Samples.Samples.

1101.1101.1101.1101. Advance SampleAdvance SampleAdvance SampleAdvance Sample---- Where an advance sample is required to be approved Where an advance sample is required to be approved Where an advance sample is required to be approved Where an advance sample is required to be approved under the terms of the contract, the Contractor shall under the terms of the contract, the Contractor shall under the terms of the contract, the Contractor shall under the terms of the contract, the Contractor shall submit the sample free of submit the sample free of submit the sample free of submit the sample free of cost to the Inspecting Officer within the time specified in the acceptance of cost to the Inspecting Officer within the time specified in the acceptance of cost to the Inspecting Officer within the time specified in the acceptance of cost to the Inspecting Officer within the time specified in the acceptance of tender.tender.tender.tender. If the Contractor is unable to do so, he must apply immediately to the If the Contractor is unable to do so, he must apply immediately to the If the Contractor is unable to do so, he must apply immediately to the If the Contractor is unable to do so, he must apply immediately to the Office issuing the acceptance of tender for extension of time stating thOffice issuing the acceptance of tender for extension of time stating thOffice issuing the acceptance of tender for extension of time stating thOffice issuing the acceptance of tender for extension of time stating the reasons e reasons e reasons e reasons for the delay.for the delay.for the delay.for the delay. If the Purchaser is satisfied that a reasonable ground for an If the Purchaser is satisfied that a reasonable ground for an If the Purchaser is satisfied that a reasonable ground for an If the Purchaser is satisfied that a reasonable ground for an extension of time exists, he may allow such additional time as he considers to be extension of time exists, he may allow such additional time as he considers to be extension of time exists, he may allow such additional time as he considers to be extension of time exists, he may allow such additional time as he considers to be justified (and his decision shall be final) with or without alteration in the deliveryjustified (and his decision shall be final) with or without alteration in the deliveryjustified (and his decision shall be final) with or without alteration in the deliveryjustified (and his decision shall be final) with or without alteration in the delivery period stipulated in the acceptance of tender and on such conditions as he period stipulated in the acceptance of tender and on such conditions as he period stipulated in the acceptance of tender and on such conditions as he period stipulated in the acceptance of tender and on such conditions as he deems fit.deems fit.deems fit.deems fit. In the event of the failure of the Contractor to deliver the advance In the event of the failure of the Contractor to deliver the advance In the event of the failure of the Contractor to deliver the advance In the event of the failure of the Contractor to deliver the advance sample by the date specified in the acceptance of tender or any other date to sample by the date specified in the acceptance of tender or any other date to sample by the date specified in the acceptance of tender or any other date to sample by the date specified in the acceptance of tender or any other date to which the time may bewhich the time may bewhich the time may bewhich the time may be extended as aforesaid by the Purchaser or of the rejection extended as aforesaid by the Purchaser or of the rejection extended as aforesaid by the Purchaser or of the rejection extended as aforesaid by the Purchaser or of the rejection of the sample, the Purchaser shall be entitled to cancel the contract and, if so of the sample, the Purchaser shall be entitled to cancel the contract and, if so of the sample, the Purchaser shall be entitled to cancel the contract and, if so of the sample, the Purchaser shall be entitled to cancel the contract and, if so desired, purchase or authorize the purchase of the stores at the risk and cost of desired, purchase or authorize the purchase of the stores at the risk and cost of desired, purchase or authorize the purchase of the stores at the risk and cost of desired, purchase or authorize the purchase of the stores at the risk and cost of the Contractor, in which case thethe Contractor, in which case thethe Contractor, in which case thethe Contractor, in which case the provisions of Clause 0700 shall apply as far as provisions of Clause 0700 shall apply as far as provisions of Clause 0700 shall apply as far as provisions of Clause 0700 shall apply as far as applicable. applicable. applicable. applicable.

1102.1102.1102.1102. Unless otherwise provided in the contract, all samples required for test Unless otherwise provided in the contract, all samples required for test Unless otherwise provided in the contract, all samples required for test Unless otherwise provided in the contract, all samples required for test shall be supplied by the Contractor free of cost.shall be supplied by the Contractor free of cost.shall be supplied by the Contractor free of cost.shall be supplied by the Contractor free of cost. Where sample, which is Where sample, which is Where sample, which is Where sample, which is

supplied free, is rejected after examinasupplied free, is rejected after examinasupplied free, is rejected after examinasupplied free, is rejected after examination and test, the same or whatever tion and test, the same or whatever tion and test, the same or whatever tion and test, the same or whatever remains of the sample, after examination and test will be returned to the remains of the sample, after examination and test will be returned to the remains of the sample, after examination and test will be returned to the remains of the sample, after examination and test will be returned to the Contractor at his request and cost within three months of the date of such Contractor at his request and cost within three months of the date of such Contractor at his request and cost within three months of the date of such Contractor at his request and cost within three months of the date of such rejection at public tariff rate at Owner's risk. rejection at public tariff rate at Owner's risk. rejection at public tariff rate at Owner's risk. rejection at public tariff rate at Owner's risk.

1103.1103.1103.1103. MarkingMarkingMarkingMarking---- Sampl Sampl Sampl Samples submitted shall be clearly labelled with the Contractor's es submitted shall be clearly labelled with the Contractor's es submitted shall be clearly labelled with the Contractor's es submitted shall be clearly labelled with the Contractor's name and address and the acceptance of tender number. name and address and the acceptance of tender number. name and address and the acceptance of tender number. name and address and the acceptance of tender number.

1104.1104.1104.1104. If the Contractor submits a sample whether with, before or after the If the Contractor submits a sample whether with, before or after the If the Contractor submits a sample whether with, before or after the If the Contractor submits a sample whether with, before or after the tender, the same shall not govern the standard of supply except tender, the same shall not govern the standard of supply except tender, the same shall not govern the standard of supply except tender, the same shall not govern the standard of supply except when it has when it has when it has when it has been specifically stated so in the acceptance of tender. been specifically stated so in the acceptance of tender. been specifically stated so in the acceptance of tender. been specifically stated so in the acceptance of tender.

1105.1105.1105.1105. Where under the contract, the Contractor is required to submit an Where under the contract, the Contractor is required to submit an Where under the contract, the Contractor is required to submit an Where under the contract, the Contractor is required to submit an advance sample, any expenses incurred by the Contractor on or in connection advance sample, any expenses incurred by the Contractor on or in connection advance sample, any expenses incurred by the Contractor on or in connection advance sample, any expenses incurred by the Contractor on or in connection with the production of stores in bulkwith the production of stores in bulkwith the production of stores in bulkwith the production of stores in bulk, before the sample has been approved , before the sample has been approved , before the sample has been approved , before the sample has been approved unconditionally, shall be borne by the Contractor and he shall not claim any unconditionally, shall be borne by the Contractor and he shall not claim any unconditionally, shall be borne by the Contractor and he shall not claim any unconditionally, shall be borne by the Contractor and he shall not claim any compensation in the event of such sample being found unacceptable by the compensation in the event of such sample being found unacceptable by the compensation in the event of such sample being found unacceptable by the compensation in the event of such sample being found unacceptable by the Inspecting Officer. Inspecting Officer. Inspecting Officer. Inspecting Officer.

1106.1106.1106.1106. The rejection of the sample by the Inspe The rejection of the sample by the Inspe The rejection of the sample by the Inspe The rejection of the sample by the Inspecting Authority or Inspecting cting Authority or Inspecting cting Authority or Inspecting cting Authority or Inspecting Officer shall be final and binding on the Contractor. Officer shall be final and binding on the Contractor. Officer shall be final and binding on the Contractor. Officer shall be final and binding on the Contractor. 1107.1107.1107.1107. Where the contract does not require any advance sample to be approved, Where the contract does not require any advance sample to be approved, Where the contract does not require any advance sample to be approved, Where the contract does not require any advance sample to be approved, the Contractor may before proceeding with bulk manufacture or delivery of the the Contractor may before proceeding with bulk manufacture or delivery of the the Contractor may before proceeding with bulk manufacture or delivery of the the Contractor may before proceeding with bulk manufacture or delivery of the stores, if he sstores, if he sstores, if he sstores, if he so desires, submit to the Inspecting Officer for inspection a sample o desires, submit to the Inspecting Officer for inspection a sample o desires, submit to the Inspecting Officer for inspection a sample o desires, submit to the Inspecting Officer for inspection a sample of the stores in which case a quantity not less than one per cent of the total of the stores in which case a quantity not less than one per cent of the total of the stores in which case a quantity not less than one per cent of the total of the stores in which case a quantity not less than one per cent of the total quantity to be supplied unless otherwise authorized by the Inspecting Officer quantity to be supplied unless otherwise authorized by the Inspecting Officer quantity to be supplied unless otherwise authorized by the Inspecting Officer quantity to be supplied unless otherwise authorized by the Inspecting Officer shall be submitted.shall be submitted.shall be submitted.shall be submitted. The Contra The Contra The Contra The Contractor shall not, however, be entitled to be shown ctor shall not, however, be entitled to be shown ctor shall not, however, be entitled to be shown ctor shall not, however, be entitled to be shown any consideration or give any extension of time or claim to be exonerated from any consideration or give any extension of time or claim to be exonerated from any consideration or give any extension of time or claim to be exonerated from any consideration or give any extension of time or claim to be exonerated from completing the delivery within the stipulated period only on the ground of delay in completing the delivery within the stipulated period only on the ground of delay in completing the delivery within the stipulated period only on the ground of delay in completing the delivery within the stipulated period only on the ground of delay in the approval of any such sample. the approval of any such sample. the approval of any such sample. the approval of any such sample.

1108.1108.1108.1108. If, If, If, If, under the contract, supplies are governed by a sealed pattern the under the contract, supplies are governed by a sealed pattern the under the contract, supplies are governed by a sealed pattern the under the contract, supplies are governed by a sealed pattern the Contractor shall be bound to examine such pattern before preparing a sample or Contractor shall be bound to examine such pattern before preparing a sample or Contractor shall be bound to examine such pattern before preparing a sample or Contractor shall be bound to examine such pattern before preparing a sample or manufacturing the stores in bulk as the case may be. manufacturing the stores in bulk as the case may be. manufacturing the stores in bulk as the case may be. manufacturing the stores in bulk as the case may be.

1109.1109.1109.1109. Loan of Sample Loan of Sample Loan of Sample Loan of Sample---- If a certified sample is lent to If a certified sample is lent to If a certified sample is lent to If a certified sample is lent to the Contractor, it will bear a the Contractor, it will bear a the Contractor, it will bear a the Contractor, it will bear a label containing inter alia variations known to the Inspecting Officer between the label containing inter alia variations known to the Inspecting Officer between the label containing inter alia variations known to the Inspecting Officer between the label containing inter alia variations known to the Inspecting Officer between the said sample and the stores desired.said sample and the stores desired.said sample and the stores desired.said sample and the stores desired. If the Contractor finds any further variation If the Contractor finds any further variation If the Contractor finds any further variation If the Contractor finds any further variation between the certified sample and the particulars of specifibetween the certified sample and the particulars of specifibetween the certified sample and the particulars of specifibetween the certified sample and the particulars of specifications mentioned in cations mentioned in cations mentioned in cations mentioned in the contract he shall at once refer the matter to the Inspecting Officer and the the contract he shall at once refer the matter to the Inspecting Officer and the the contract he shall at once refer the matter to the Inspecting Officer and the the contract he shall at once refer the matter to the Inspecting Officer and the Contractors shall also give intimation of such discrepancy to the Purchase Contractors shall also give intimation of such discrepancy to the Purchase Contractors shall also give intimation of such discrepancy to the Purchase Contractors shall also give intimation of such discrepancy to the Purchase Officer.Officer.Officer.Officer. The Contractor shall follow the instructions of the Inspecting Office The Contractor shall follow the instructions of the Inspecting Office The Contractor shall follow the instructions of the Inspecting Office The Contractor shall follow the instructions of the Inspecting Officer as to r as to r as to r as to what sample of particulars should guide the production of stores and the decision what sample of particulars should guide the production of stores and the decision what sample of particulars should guide the production of stores and the decision what sample of particulars should guide the production of stores and the decision of the Inspecting Officer in the matter shall be final and binding on the of the Inspecting Officer in the matter shall be final and binding on the of the Inspecting Officer in the matter shall be final and binding on the of the Inspecting Officer in the matter shall be final and binding on the Contractor. Contractor. Contractor. Contractor.

1110.1110.1110.1110. The Contractor shall not detach the said label from the certified sample The Contractor shall not detach the said label from the certified sample The Contractor shall not detach the said label from the certified sample The Contractor shall not detach the said label from the certified sample and if for any reasons the said label gets detached the Contractor shall at once and if for any reasons the said label gets detached the Contractor shall at once and if for any reasons the said label gets detached the Contractor shall at once and if for any reasons the said label gets detached the Contractor shall at once return the certified sample to the Inspecting Officer for attaching a fresh label. return the certified sample to the Inspecting Officer for attaching a fresh label. return the certified sample to the Inspecting Officer for attaching a fresh label. return the certified sample to the Inspecting Officer for attaching a fresh label.

1200.1200.1200.1200. Risk of Loss or Damage to Government or Purchaser's Property.Risk of Loss or Damage to Government or Purchaser's Property.Risk of Loss or Damage to Government or Purchaser's Property.Risk of Loss or Damage to Government or Purchaser's Property.

1201.1201.1201.1201. All the prope All the prope All the prope All the property of the Government or Purchaser loaned whether with or rty of the Government or Purchaser loaned whether with or rty of the Government or Purchaser loaned whether with or rty of the Government or Purchaser loaned whether with or without deposit on terms and conditions to be separately agreed upon in respect without deposit on terms and conditions to be separately agreed upon in respect without deposit on terms and conditions to be separately agreed upon in respect without deposit on terms and conditions to be separately agreed upon in respect of each particular contract to the Contractor in connection with the contract shall of each particular contract to the Contractor in connection with the contract shall of each particular contract to the Contractor in connection with the contract shall of each particular contract to the Contractor in connection with the contract shall remain the property of the Governmremain the property of the Governmremain the property of the Governmremain the property of the Government or the Purchaser, as the case may be.ent or the Purchaser, as the case may be.ent or the Purchaser, as the case may be.ent or the Purchaser, as the case may be. The Contractor shall use such property for the purpose of the execution of the The Contractor shall use such property for the purpose of the execution of the The Contractor shall use such property for the purpose of the execution of the The Contractor shall use such property for the purpose of the execution of the contract and for no other purpose whatsoever. contract and for no other purpose whatsoever. contract and for no other purpose whatsoever. contract and for no other purpose whatsoever.

1202.1202.1202.1202. All such property shall be deemed to be in good condition when received All such property shall be deemed to be in good condition when received All such property shall be deemed to be in good condition when received All such property shall be deemed to be in good condition when received by the Cby the Cby the Cby the Contractor unless he shall have within twentyontractor unless he shall have within twentyontractor unless he shall have within twentyontractor unless he shall have within twenty----four hours of the receipt four hours of the receipt four hours of the receipt four hours of the receipt thereof notified the Purchase Officer to the contrarct. If the Contractor fails to thereof notified the Purchase Officer to the contrarct. If the Contractor fails to thereof notified the Purchase Officer to the contrarct. If the Contractor fails to thereof notified the Purchase Officer to the contrarct. If the Contractor fails to

notify any defect in the condition or quality of such property he shall be deemed notify any defect in the condition or quality of such property he shall be deemed notify any defect in the condition or quality of such property he shall be deemed notify any defect in the condition or quality of such property he shall be deemed to have lost the rigto have lost the rigto have lost the rigto have lost the right to do so at any subsequent stage. ht to do so at any subsequent stage. ht to do so at any subsequent stage. ht to do so at any subsequent stage.

1203.1203.1203.1203. The Contractor shall return all such property and shall be responsible for The Contractor shall return all such property and shall be responsible for The Contractor shall return all such property and shall be responsible for The Contractor shall return all such property and shall be responsible for the full value thereof to be assessed by the Purchaser whose decision shall be the full value thereof to be assessed by the Purchaser whose decision shall be the full value thereof to be assessed by the Purchaser whose decision shall be the full value thereof to be assessed by the Purchaser whose decision shall be final and binding on the Contractor.final and binding on the Contractor.final and binding on the Contractor.final and binding on the Contractor. The Contractor shal The Contractor shal The Contractor shal The Contractor shall be liable for loss or l be liable for loss or l be liable for loss or l be liable for loss or damage to such property from whatever cause happening while such property is damage to such property from whatever cause happening while such property is damage to such property from whatever cause happening while such property is damage to such property from whatever cause happening while such property is in the possession of or under the control of the Contractor, his servants workmen in the possession of or under the control of the Contractor, his servants workmen in the possession of or under the control of the Contractor, his servants workmen in the possession of or under the control of the Contractor, his servants workmen or agents. or agents. or agents. or agents.

1204.1204.1204.1204. Where such property is insured by the Contractor again Where such property is insured by the Contractor again Where such property is insured by the Contractor again Where such property is insured by the Contractor against loss or fire at st loss or fire at st loss or fire at st loss or fire at the request of the Government or Purchaser such insurance shall be deemed to the request of the Government or Purchaser such insurance shall be deemed to the request of the Government or Purchaser such insurance shall be deemed to the request of the Government or Purchaser such insurance shall be deemed to be effected by way of additional Precaution and shall not prejudice the liability of be effected by way of additional Precaution and shall not prejudice the liability of be effected by way of additional Precaution and shall not prejudice the liability of be effected by way of additional Precaution and shall not prejudice the liability of the Contractor as aforesaid. the Contractor as aforesaid. the Contractor as aforesaid. the Contractor as aforesaid.

1300.1300.1300.1300. Inspection by Inspecting Officer.Inspection by Inspecting Officer.Inspection by Inspecting Officer.Inspection by Inspecting Officer.

1301301301301.1.1.1. (a)(a)(a)(a) When inspection during manufacture or before delivery or despatch is When inspection during manufacture or before delivery or despatch is When inspection during manufacture or before delivery or despatch is When inspection during manufacture or before delivery or despatch is required, notice in writing shall be sent by the Contractor to the Inspecting Officer required, notice in writing shall be sent by the Contractor to the Inspecting Officer required, notice in writing shall be sent by the Contractor to the Inspecting Officer required, notice in writing shall be sent by the Contractor to the Inspecting Officer when the stores or material to be supplied are ready for inspection and test, and when the stores or material to be supplied are ready for inspection and test, and when the stores or material to be supplied are ready for inspection and test, and when the stores or material to be supplied are ready for inspection and test, and no stores shno stores shno stores shno stores shall be delivered or despatched until the Inspecting Officer has all be delivered or despatched until the Inspecting Officer has all be delivered or despatched until the Inspecting Officer has all be delivered or despatched until the Inspecting Officer has certified in writing that such stores have been inspected and approved by him. certified in writing that such stores have been inspected and approved by him. certified in writing that such stores have been inspected and approved by him. certified in writing that such stores have been inspected and approved by him.

(b)(b)(b)(b) In cases where the Inspecting Authority specified in the contract requires on In cases where the Inspecting Authority specified in the contract requires on In cases where the Inspecting Authority specified in the contract requires on In cases where the Inspecting Authority specified in the contract requires on behalf of the Purchaser that cbehalf of the Purchaser that cbehalf of the Purchaser that cbehalf of the Purchaser that cduring the manufacturing process of the during the manufacturing process of the during the manufacturing process of the during the manufacturing process of the component/stores, etc. is also to be done, notice in writing shall be sent by the component/stores, etc. is also to be done, notice in writing shall be sent by the component/stores, etc. is also to be done, notice in writing shall be sent by the component/stores, etc. is also to be done, notice in writing shall be sent by the Contractor to the Inspecting Officer to visit his premises/works to test the raw Contractor to the Inspecting Officer to visit his premises/works to test the raw Contractor to the Inspecting Officer to visit his premises/works to test the raw Contractor to the Inspecting Officer to visit his premises/works to test the raw materials and/or conduct necessary inspection during materials and/or conduct necessary inspection during materials and/or conduct necessary inspection during materials and/or conduct necessary inspection during the manufacturing process the manufacturing process the manufacturing process the manufacturing process of the component / stores, etc. as deemed essential. of the component / stores, etc. as deemed essential. of the component / stores, etc. as deemed essential. of the component / stores, etc. as deemed essential.

1302.1302.1302.1302. Marking of StoresMarking of StoresMarking of StoresMarking of Stores---- The Contractor shall, if so required, at his own The Contractor shall, if so required, at his own The Contractor shall, if so required, at his own The Contractor shall, if so required, at his own expense, mark all the approved stores with a recognized Government or expense, mark all the approved stores with a recognized Government or expense, mark all the approved stores with a recognized Government or expense, mark all the approved stores with a recognized Government or

Purchaser's mark.Purchaser's mark.Purchaser's mark.Purchaser's mark. The stores w The stores w The stores w The stores which cannot be so marked shall, if so required by hich cannot be so marked shall, if so required by hich cannot be so marked shall, if so required by hich cannot be so marked shall, if so required by the Inspecting Officer, be packed at his own expense in suitable packages or the Inspecting Officer, be packed at his own expense in suitable packages or the Inspecting Officer, be packed at his own expense in suitable packages or the Inspecting Officer, be packed at his own expense in suitable packages or cases, each of which shall be sealed and marked with such mark. cases, each of which shall be sealed and marked with such mark. cases, each of which shall be sealed and marked with such mark. cases, each of which shall be sealed and marked with such mark.

The Inspecting Officer shall also have power to The Inspecting Officer shall also have power to The Inspecting Officer shall also have power to The Inspecting Officer shall also have power to mark the rejected mark the rejected mark the rejected mark the rejected stores with a rejection mark so that they may be easily identified, if resubmitted stores with a rejection mark so that they may be easily identified, if resubmitted stores with a rejection mark so that they may be easily identified, if resubmitted stores with a rejection mark so that they may be easily identified, if resubmitted for inspection. for inspection. for inspection. for inspection.

1303.1303.1303.1303. Facilities for test and ExaminationFacilities for test and ExaminationFacilities for test and ExaminationFacilities for test and Examination---- The Contractor shall, at his own The Contractor shall, at his own The Contractor shall, at his own The Contractor shall, at his own expense afford to the Inspecting Officer all reasonable facilexpense afford to the Inspecting Officer all reasonable facilexpense afford to the Inspecting Officer all reasonable facilexpense afford to the Inspecting Officer all reasonable facilities as may be ities as may be ities as may be ities as may be necessary for satisfying himself, that the stores are being and/or have been necessary for satisfying himself, that the stores are being and/or have been necessary for satisfying himself, that the stores are being and/or have been necessary for satisfying himself, that the stores are being and/or have been manufactured in accordance with the particulars.manufactured in accordance with the particulars.manufactured in accordance with the particulars.manufactured in accordance with the particulars. The Inspecting Officer shall The Inspecting Officer shall The Inspecting Officer shall The Inspecting Officer shall have full and free access at any time during the execution of the contract to the have full and free access at any time during the execution of the contract to the have full and free access at any time during the execution of the contract to the have full and free access at any time during the execution of the contract to the CoCoCoContractor's work for the purpose aforesaid, and he may require the Contractor ntractor's work for the purpose aforesaid, and he may require the Contractor ntractor's work for the purpose aforesaid, and he may require the Contractor ntractor's work for the purpose aforesaid, and he may require the Contractor to make arrangements for inspection of the stores or any part thereof or any to make arrangements for inspection of the stores or any part thereof or any to make arrangements for inspection of the stores or any part thereof or any to make arrangements for inspection of the stores or any part thereof or any material at his premises or at any other place specified by the Inspecting Officer material at his premises or at any other place specified by the Inspecting Officer material at his premises or at any other place specified by the Inspecting Officer material at his premises or at any other place specified by the Inspecting Officer and if the Contractand if the Contractand if the Contractand if the Contractor has been permitted to employ the services of a Subor has been permitted to employ the services of a Subor has been permitted to employ the services of a Subor has been permitted to employ the services of a Sub----Contractor, he shall in his contract with the SubContractor, he shall in his contract with the SubContractor, he shall in his contract with the SubContractor, he shall in his contract with the Sub----Contractor, reserve to the Contractor, reserve to the Contractor, reserve to the Contractor, reserve to the Inspecting Officer a similar right. Inspecting Officer a similar right. Inspecting Officer a similar right. Inspecting Officer a similar right.

1304.1304.1304.1304. Cost of TestCost of TestCost of TestCost of Test---- The Contractor shall provide, without any extra charge, all The Contractor shall provide, without any extra charge, all The Contractor shall provide, without any extra charge, all The Contractor shall provide, without any extra charge, all materiamateriamateriamaterials, tools, labour and assistance of every kind which the Inspecting Officer ls, tools, labour and assistance of every kind which the Inspecting Officer ls, tools, labour and assistance of every kind which the Inspecting Officer ls, tools, labour and assistance of every kind which the Inspecting Officer may demand of him for any test and examination, other than special or may demand of him for any test and examination, other than special or may demand of him for any test and examination, other than special or may demand of him for any test and examination, other than special or independent test, which he shall require to make on the independent test, which he shall require to make on the independent test, which he shall require to make on the independent test, which he shall require to make on the Contractor'sPremisesandtheContractor shall bear and paContractor'sPremisesandtheContractor shall bear and paContractor'sPremisesandtheContractor shall bear and paContractor'sPremisesandtheContractor shall bear and pay all costs attendant y all costs attendant y all costs attendant y all costs attendant thereon.thereon.thereon.thereon. If the Contractor fails to comply with the conditions aforesaid, the If the Contractor fails to comply with the conditions aforesaid, the If the Contractor fails to comply with the conditions aforesaid, the If the Contractor fails to comply with the conditions aforesaid, the Inspecting Officer shall, in his sole judgement, be entitled to remove for test and Inspecting Officer shall, in his sole judgement, be entitled to remove for test and Inspecting Officer shall, in his sole judgement, be entitled to remove for test and Inspecting Officer shall, in his sole judgement, be entitled to remove for test and examination all or any of the stores manufactured by the Contractor to examination all or any of the stores manufactured by the Contractor to examination all or any of the stores manufactured by the Contractor to examination all or any of the stores manufactured by the Contractor to any any any any premises other than his (Contractor's) and in all such cases the Contractor shall premises other than his (Contractor's) and in all such cases the Contractor shall premises other than his (Contractor's) and in all such cases the Contractor shall premises other than his (Contractor's) and in all such cases the Contractor shall bear the cost of transport and/or carrying out such tests elsewhere.bear the cost of transport and/or carrying out such tests elsewhere.bear the cost of transport and/or carrying out such tests elsewhere.bear the cost of transport and/or carrying out such tests elsewhere. A certificate A certificate A certificate A certificate

in writing of the Inspecting Officer, that the Contractor has failed to provide the in writing of the Inspecting Officer, that the Contractor has failed to provide the in writing of the Inspecting Officer, that the Contractor has failed to provide the in writing of the Inspecting Officer, that the Contractor has failed to provide the fafafafacilities and the means, for test examination shall be final. cilities and the means, for test examination shall be final. cilities and the means, for test examination shall be final. cilities and the means, for test examination shall be final.

1305.1305.1305.1305. Delivery of Stores for Test Delivery of Stores for Test Delivery of Stores for Test Delivery of Stores for Test---- The Contractor shall also provide and deliver The Contractor shall also provide and deliver The Contractor shall also provide and deliver The Contractor shall also provide and deliver for test, free of charge, at such place other than his premises as the Inspecting for test, free of charge, at such place other than his premises as the Inspecting for test, free of charge, at such place other than his premises as the Inspecting for test, free of charge, at such place other than his premises as the Inspecting Officer may specify, such mateOfficer may specify, such mateOfficer may specify, such mateOfficer may specify, such material or stores as he may require. rial or stores as he may require. rial or stores as he may require. rial or stores as he may require.

1306.1306.1306.1306. Liability for Costs of Special or Independent TestLiability for Costs of Special or Independent TestLiability for Costs of Special or Independent TestLiability for Costs of Special or Independent Test---- In the events of In the events of In the events of In the events of rejection of stores or any part thereof by the Inspecting Officer in the rejection of stores or any part thereof by the Inspecting Officer in the rejection of stores or any part thereof by the Inspecting Officer in the rejection of stores or any part thereof by the Inspecting Officer in the consequence of the sample which is removed to the laboratory or other plconsequence of the sample which is removed to the laboratory or other plconsequence of the sample which is removed to the laboratory or other plconsequence of the sample which is removed to the laboratory or other places of aces of aces of aces of test, being found on test not in conformity with the Contract and in the event of test, being found on test not in conformity with the Contract and in the event of test, being found on test not in conformity with the Contract and in the event of test, being found on test not in conformity with the Contract and in the event of the failure of the Contractor for any reason to deliver the stores passed on test the failure of the Contractor for any reason to deliver the stores passed on test the failure of the Contractor for any reason to deliver the stores passed on test the failure of the Contractor for any reason to deliver the stores passed on test within the stipulated period, the Contractor shall, on demand pay to the within the stipulated period, the Contractor shall, on demand pay to the within the stipulated period, the Contractor shall, on demand pay to the within the stipulated period, the Contractor shall, on demand pay to the Purchaser aPurchaser aPurchaser aPurchaser all costs incurred in the inspection and/or test.ll costs incurred in the inspection and/or test.ll costs incurred in the inspection and/or test.ll costs incurred in the inspection and/or test. Cost of test shall be Cost of test shall be Cost of test shall be Cost of test shall be assessed at the rate charged by the laboratory to private persons for similar assessed at the rate charged by the laboratory to private persons for similar assessed at the rate charged by the laboratory to private persons for similar assessed at the rate charged by the laboratory to private persons for similar work. work. work. work.

1307.1307.1307.1307. Method of TestingMethod of TestingMethod of TestingMethod of Testing---- The Inspecting Officer shall have the right to put all the The Inspecting Officer shall have the right to put all the The Inspecting Officer shall have the right to put all the The Inspecting Officer shall have the right to put all the stores or matestores or matestores or matestores or materials forming part of the same or any part thereof to such tests as rials forming part of the same or any part thereof to such tests as rials forming part of the same or any part thereof to such tests as rials forming part of the same or any part thereof to such tests as he may think fit and proper.he may think fit and proper.he may think fit and proper.he may think fit and proper. The Contractor shall not be entitled to object on any The Contractor shall not be entitled to object on any The Contractor shall not be entitled to object on any The Contractor shall not be entitled to object on any ground whatsoever to the method of testing adopted by the Inspecting Officer. ground whatsoever to the method of testing adopted by the Inspecting Officer. ground whatsoever to the method of testing adopted by the Inspecting Officer. ground whatsoever to the method of testing adopted by the Inspecting Officer.

1308.1308.1308.1308. Stores Expended inStores Expended inStores Expended inStores Expended in Test Test Test Test---- Unless otherwise provided for in the contract if Unless otherwise provided for in the contract if Unless otherwise provided for in the contract if Unless otherwise provided for in the contract if the test proves satisfactory and the stores or any instalment thereof is accepted, the test proves satisfactory and the stores or any instalment thereof is accepted, the test proves satisfactory and the stores or any instalment thereof is accepted, the test proves satisfactory and the stores or any instalment thereof is accepted, the quantity of the stores or materials expended in the test will be deemed to the quantity of the stores or materials expended in the test will be deemed to the quantity of the stores or materials expended in the test will be deemed to the quantity of the stores or materials expended in the test will be deemed to have been taken delivery of by the Purhave been taken delivery of by the Purhave been taken delivery of by the Purhave been taken delivery of by the Purchaser and be paid for as such. chaser and be paid for as such. chaser and be paid for as such. chaser and be paid for as such.

1309.1309.1309.1309. Powers of Inspecting OfficerPowers of Inspecting OfficerPowers of Inspecting OfficerPowers of Inspecting Officer---- The Inspecting Officer shall have the power The Inspecting Officer shall have the power The Inspecting Officer shall have the power The Inspecting Officer shall have the power (i)(i)(i)(i) before any stores or part thereof are submitted for inspection to certify that before any stores or part thereof are submitted for inspection to certify that before any stores or part thereof are submitted for inspection to certify that before any stores or part thereof are submitted for inspection to certify that they can not be in accordance with the contract owing to tthey can not be in accordance with the contract owing to tthey can not be in accordance with the contract owing to tthey can not be in accordance with the contract owing to the adoption of any he adoption of any he adoption of any he adoption of any unsatisfactory method of manufacture. unsatisfactory method of manufacture. unsatisfactory method of manufacture. unsatisfactory method of manufacture. (ii)(ii)(ii)(ii) to reject any stores submitted as not being in accordance with the particulars. to reject any stores submitted as not being in accordance with the particulars. to reject any stores submitted as not being in accordance with the particulars. to reject any stores submitted as not being in accordance with the particulars.

(iii)(iii)(iii)(iii) to reject the whole of the instalment tendered for inspection, if after inspection to reject the whole of the instalment tendered for inspection, if after inspection to reject the whole of the instalment tendered for inspection, if after inspection to reject the whole of the instalment tendered for inspection, if after inspection of such portion thereofof such portion thereofof such portion thereofof such portion thereof as "he may in his discretion think fit, he is satisfied that as "he may in his discretion think fit, he is satisfied that as "he may in his discretion think fit, he is satisfied that as "he may in his discretion think fit, he is satisfied that the same is unsatisfactory. the same is unsatisfactory. the same is unsatisfactory. the same is unsatisfactory.

(iv)(iv)(iv)(iv) the Inspecting Officer's decision as regards the rejection shall be final and the Inspecting Officer's decision as regards the rejection shall be final and the Inspecting Officer's decision as regards the rejection shall be final and the Inspecting Officer's decision as regards the rejection shall be final and binding on the Contractor. binding on the Contractor. binding on the Contractor. binding on the Contractor.

1400.1400.1400.1400. Charges for Work Necessary for Completion of thCharges for Work Necessary for Completion of thCharges for Work Necessary for Completion of thCharges for Work Necessary for Completion of the Contracte Contracte Contracte Contract---- The The The The Contractor shall pay all charges for handling, stamping, painting, marking, Contractor shall pay all charges for handling, stamping, painting, marking, Contractor shall pay all charges for handling, stamping, painting, marking, Contractor shall pay all charges for handling, stamping, painting, marking, protecting or preserving patent rights, drawings, templates, models and gauges protecting or preserving patent rights, drawings, templates, models and gauges protecting or preserving patent rights, drawings, templates, models and gauges protecting or preserving patent rights, drawings, templates, models and gauges and for all such measures as the Purchaser or the Inspecting Officer may deem and for all such measures as the Purchaser or the Inspecting Officer may deem and for all such measures as the Purchaser or the Inspecting Officer may deem and for all such measures as the Purchaser or the Inspecting Officer may deem necessanecessanecessanecessary for the proper completion of the contract, though special provision ry for the proper completion of the contract, though special provision ry for the proper completion of the contract, though special provision ry for the proper completion of the contract, though special provision therefore may not be made in the specification of drawings. therefore may not be made in the specification of drawings. therefore may not be made in the specification of drawings. therefore may not be made in the specification of drawings.

1500.1500.1500.1500. Responsibility of the Contractor for Executing the Contract.Responsibility of the Contractor for Executing the Contract.Responsibility of the Contractor for Executing the Contract.Responsibility of the Contractor for Executing the Contract.

1501.1501.1501.1501. Risk in the Stores Risk in the Stores Risk in the Stores Risk in the Stores---- The Contractor shall perform The Contractor shall perform The Contractor shall perform The Contractor shall perform the contract in all the contract in all the contract in all the contract in all respects in accordance with the terms and conditions thereof.respects in accordance with the terms and conditions thereof.respects in accordance with the terms and conditions thereof.respects in accordance with the terms and conditions thereof. The stores and The stores and The stores and The stores and every constituent part thereof, whether in the possession or control of the every constituent part thereof, whether in the possession or control of the every constituent part thereof, whether in the possession or control of the every constituent part thereof, whether in the possession or control of the Contractor, his agents or servants or a carrier, or in the joint possession of thContractor, his agents or servants or a carrier, or in the joint possession of thContractor, his agents or servants or a carrier, or in the joint possession of thContractor, his agents or servants or a carrier, or in the joint possession of the e e e Contractor, his agents or servants and the Purchaser, his agents or servants, Contractor, his agents or servants and the Purchaser, his agents or servants, Contractor, his agents or servants and the Purchaser, his agents or servants, Contractor, his agents or servants and the Purchaser, his agents or servants, shall remain in every respect at the risk of the Contractor, until their actual shall remain in every respect at the risk of the Contractor, until their actual shall remain in every respect at the risk of the Contractor, until their actual shall remain in every respect at the risk of the Contractor, until their actual delivery to the consignee at the stipulated place or destination or, where go delivery to the consignee at the stipulated place or destination or, where go delivery to the consignee at the stipulated place or destination or, where go delivery to the consignee at the stipulated place or destination or, where go provided in the acprovided in the acprovided in the acprovided in the acceptance of tender, until their delivery to a person specified in ceptance of tender, until their delivery to a person specified in ceptance of tender, until their delivery to a person specified in ceptance of tender, until their delivery to a person specified in the contract as interim consignee for the purpose of despatch to the consignee.the contract as interim consignee for the purpose of despatch to the consignee.the contract as interim consignee for the purpose of despatch to the consignee.the contract as interim consignee for the purpose of despatch to the consignee. The Contractor shall be responsible for all loss, destruction, damage or The Contractor shall be responsible for all loss, destruction, damage or The Contractor shall be responsible for all loss, destruction, damage or The Contractor shall be responsible for all loss, destruction, damage or deterioration of or to the stores frdeterioration of or to the stores frdeterioration of or to the stores frdeterioration of or to the stores from any cause whatsoever while the stores after om any cause whatsoever while the stores after om any cause whatsoever while the stores after om any cause whatsoever while the stores after approval by the Inspecting Officer are awaiting despatch or delivery or are in the approval by the Inspecting Officer are awaiting despatch or delivery or are in the approval by the Inspecting Officer are awaiting despatch or delivery or are in the approval by the Inspecting Officer are awaiting despatch or delivery or are in the course of transit from the Contractor to the consignee or, as the case may be, course of transit from the Contractor to the consignee or, as the case may be, course of transit from the Contractor to the consignee or, as the case may be, course of transit from the Contractor to the consignee or, as the case may be, interim consignee.interim consignee.interim consignee.interim consignee. The Contractor shall alone The Contractor shall alone The Contractor shall alone The Contractor shall alone be entitled and responsible to be entitled and responsible to be entitled and responsible to be entitled and responsible to make claims against a Railway Administration or other carrier in respect of nonmake claims against a Railway Administration or other carrier in respect of nonmake claims against a Railway Administration or other carrier in respect of nonmake claims against a Railway Administration or other carrier in respect of non----delivery, short delivery, misdelivery, loss, destruction, damage or deterioration of delivery, short delivery, misdelivery, loss, destruction, damage or deterioration of delivery, short delivery, misdelivery, loss, destruction, damage or deterioration of delivery, short delivery, misdelivery, loss, destruction, damage or deterioration of

the goods entrusted to such carrier by the Contractor for trthe goods entrusted to such carrier by the Contractor for trthe goods entrusted to such carrier by the Contractor for trthe goods entrusted to such carrier by the Contractor for transmission to the ansmission to the ansmission to the ansmission to the consignee or the interim consignee as the case may be. consignee or the interim consignee as the case may be. consignee or the interim consignee as the case may be. consignee or the interim consignee as the case may be.

1502.1502.1502.1502. Consignees Right of Rejection Consignees Right of Rejection Consignees Right of Rejection Consignees Right of Rejection –––– Notwithstanding any approval which the Notwithstanding any approval which the Notwithstanding any approval which the Notwithstanding any approval which the Inspecting Officer may have given in respect of the stores or any materials or Inspecting Officer may have given in respect of the stores or any materials or Inspecting Officer may have given in respect of the stores or any materials or Inspecting Officer may have given in respect of the stores or any materials or other particulars or the other particulars or the other particulars or the other particulars or the work or workmanship involved in the performance of the work or workmanship involved in the performance of the work or workmanship involved in the performance of the work or workmanship involved in the performance of the contract (whether with or without any test carried out by the Contractor or the contract (whether with or without any test carried out by the Contractor or the contract (whether with or without any test carried out by the Contractor or the contract (whether with or without any test carried out by the Contractor or the Inspecting Officer or under the direction of the Inspecting Officer) and not with Inspecting Officer or under the direction of the Inspecting Officer) and not with Inspecting Officer or under the direction of the Inspecting Officer) and not with Inspecting Officer or under the direction of the Inspecting Officer) and not with standing delivery of the stores where sstanding delivery of the stores where sstanding delivery of the stores where sstanding delivery of the stores where so provided to the interim consignee, it o provided to the interim consignee, it o provided to the interim consignee, it o provided to the interim consignee, it shall be lawful for the consignee, on behalf of the Purchaser, to reject the stores shall be lawful for the consignee, on behalf of the Purchaser, to reject the stores shall be lawful for the consignee, on behalf of the Purchaser, to reject the stores shall be lawful for the consignee, on behalf of the Purchaser, to reject the stores or any part, portion or consignment thereof within a reasonable time after actual or any part, portion or consignment thereof within a reasonable time after actual or any part, portion or consignment thereof within a reasonable time after actual or any part, portion or consignment thereof within a reasonable time after actual delivery thereof to him at the place or destinatiodelivery thereof to him at the place or destinatiodelivery thereof to him at the place or destinatiodelivery thereof to him at the place or destination specified in the contract if such n specified in the contract if such n specified in the contract if such n specified in the contract if such stores or part, portion or consignment thereof is not in all respects in conformity stores or part, portion or consignment thereof is not in all respects in conformity stores or part, portion or consignment thereof is not in all respects in conformity stores or part, portion or consignment thereof is not in all respects in conformity with the terms and conditions of the contract whether on account of any loss, with the terms and conditions of the contract whether on account of any loss, with the terms and conditions of the contract whether on account of any loss, with the terms and conditions of the contract whether on account of any loss, deterioration or damage before despatch or delivery or durdeterioration or damage before despatch or delivery or durdeterioration or damage before despatch or delivery or durdeterioration or damage before despatch or delivery or during transit or otherwise ing transit or otherwise ing transit or otherwise ing transit or otherwise howsoever. howsoever. howsoever. howsoever.

NoteNoteNoteNote---- In respect of materials preIn respect of materials preIn respect of materials preIn respect of materials pre----inspected at the firm's premises the consignee inspected at the firm's premises the consignee inspected at the firm's premises the consignee inspected at the firm's premises the consignee will issue rejection advice within 90 days from the date of receipt. will issue rejection advice within 90 days from the date of receipt. will issue rejection advice within 90 days from the date of receipt. will issue rejection advice within 90 days from the date of receipt.

1503.1503.1503.1503. Provided that where, under the terms of the contract the storProvided that where, under the terms of the contract the storProvided that where, under the terms of the contract the storProvided that where, under the terms of the contract the stores are es are es are es are required to be delivered to an interim consignee for the purpose of despatch to required to be delivered to an interim consignee for the purpose of despatch to required to be delivered to an interim consignee for the purpose of despatch to required to be delivered to an interim consignee for the purpose of despatch to the consignee, the stores shall be at the Purchaser's risk after their delivery to the consignee, the stores shall be at the Purchaser's risk after their delivery to the consignee, the stores shall be at the Purchaser's risk after their delivery to the consignee, the stores shall be at the Purchaser's risk after their delivery to the interim consignee, but nevertheless it shall be lawful for the consignee on the interim consignee, but nevertheless it shall be lawful for the consignee on the interim consignee, but nevertheless it shall be lawful for the consignee on the interim consignee, but nevertheless it shall be lawful for the consignee on behalfbehalfbehalfbehalf of the Purchaser to reject the stores or any part, portion of consignment of the Purchaser to reject the stores or any part, portion of consignment of the Purchaser to reject the stores or any part, portion of consignment of the Purchaser to reject the stores or any part, portion of consignment thereof upon their actual delivery to him at the destination if they are not in all thereof upon their actual delivery to him at the destination if they are not in all thereof upon their actual delivery to him at the destination if they are not in all thereof upon their actual delivery to him at the destination if they are not in all respects in conformity with the terms and conditions of contract except where respects in conformity with the terms and conditions of contract except where respects in conformity with the terms and conditions of contract except where respects in conformity with the terms and conditions of contract except where they have been damathey have been damathey have been damathey have been damaged or have deteriorated in the course of transit or ged or have deteriorated in the course of transit or ged or have deteriorated in the course of transit or ged or have deteriorated in the course of transit or otherwise after their delivery to the interim consignee. otherwise after their delivery to the interim consignee. otherwise after their delivery to the interim consignee. otherwise after their delivery to the interim consignee.

1504.1504.1504.1504. The provisions contained in Clause 2200 relating to the removal of stores The provisions contained in Clause 2200 relating to the removal of stores The provisions contained in Clause 2200 relating to the removal of stores The provisions contained in Clause 2200 relating to the removal of stores rejected by the Inspecting Officer shall mutatis mutandis apply rejected by the Inspecting Officer shall mutatis mutandis apply rejected by the Inspecting Officer shall mutatis mutandis apply rejected by the Inspecting Officer shall mutatis mutandis apply to stores rejected to stores rejected to stores rejected to stores rejected by the consignee as herein provided. by the consignee as herein provided. by the consignee as herein provided. by the consignee as herein provided.

NoteNoteNoteNote---- In respect of stores inspected during manufacture or before delivery or In respect of stores inspected during manufacture or before delivery or In respect of stores inspected during manufacture or before delivery or In respect of stores inspected during manufacture or before delivery or despatch at contractor's premises the consignee will issue communication of despatch at contractor's premises the consignee will issue communication of despatch at contractor's premises the consignee will issue communication of despatch at contractor's premises the consignee will issue communication of rejection within 90 days from the date of actrejection within 90 days from the date of actrejection within 90 days from the date of actrejection within 90 days from the date of actual delivery thereof. ual delivery thereof. ual delivery thereof. ual delivery thereof.

1505.1505.1505.1505. Subletting and AssignmentSubletting and AssignmentSubletting and AssignmentSubletting and Assignment---- The Contractor shall not, save with the The Contractor shall not, save with the The Contractor shall not, save with the The Contractor shall not, save with the previous consent in writing of the Purchaser, sublet, transfer or assign the previous consent in writing of the Purchaser, sublet, transfer or assign the previous consent in writing of the Purchaser, sublet, transfer or assign the previous consent in writing of the Purchaser, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof acontract or any part thereof or interest therein or benefit or advantage thereof acontract or any part thereof or interest therein or benefit or advantage thereof acontract or any part thereof or interest therein or benefit or advantage thereof any ny ny ny manner whatsoever. manner whatsoever. manner whatsoever. manner whatsoever.

In the event of the Contractor's subletting or assigning this contract In the event of the Contractor's subletting or assigning this contract In the event of the Contractor's subletting or assigning this contract In the event of the Contractor's subletting or assigning this contract or any part thereof without such permission, the Purchaser shall be entitled to or any part thereof without such permission, the Purchaser shall be entitled to or any part thereof without such permission, the Purchaser shall be entitled to or any part thereof without such permission, the Purchaser shall be entitled to cancel the contract and to purchase the stores elsewhere on tcancel the contract and to purchase the stores elsewhere on tcancel the contract and to purchase the stores elsewhere on tcancel the contract and to purchase the stores elsewhere on the Contractor's he Contractor's he Contractor's he Contractor's account and risk and the Contractor shall be liable for any loss or damage which account and risk and the Contractor shall be liable for any loss or damage which account and risk and the Contractor shall be liable for any loss or damage which account and risk and the Contractor shall be liable for any loss or damage which the Purchaser may sustain in consequence or arising out of such purpose. the Purchaser may sustain in consequence or arising out of such purpose. the Purchaser may sustain in consequence or arising out of such purpose. the Purchaser may sustain in consequence or arising out of such purpose.

1506.1506.1506.1506. Changes in a FirmChanges in a FirmChanges in a FirmChanges in a Firm---- (a)(a)(a)(a) Where the Contractor is a partnership firm, a new par Where the Contractor is a partnership firm, a new par Where the Contractor is a partnership firm, a new par Where the Contractor is a partnership firm, a new partner shall not be tner shall not be tner shall not be tner shall not be introduced in the firm except with the previous consent in writing of the introduced in the firm except with the previous consent in writing of the introduced in the firm except with the previous consent in writing of the introduced in the firm except with the previous consent in writing of the Purchaser, which may be granted only upon execution of a written undertaking Purchaser, which may be granted only upon execution of a written undertaking Purchaser, which may be granted only upon execution of a written undertaking Purchaser, which may be granted only upon execution of a written undertaking by the new partner to perform the contract and accept all liabilities incurred by by the new partner to perform the contract and accept all liabilities incurred by by the new partner to perform the contract and accept all liabilities incurred by by the new partner to perform the contract and accept all liabilities incurred by the fthe fthe fthe firm under the contract prior to the date of such undertaking. irm under the contract prior to the date of such undertaking. irm under the contract prior to the date of such undertaking. irm under the contract prior to the date of such undertaking.

(b) (b) (b) (b) On the death or retirement of any partner of the Contractor firm before On the death or retirement of any partner of the Contractor firm before On the death or retirement of any partner of the Contractor firm before On the death or retirement of any partner of the Contractor firm before complete performance of the contract, the Purchaser may, at his option, cancel complete performance of the contract, the Purchaser may, at his option, cancel complete performance of the contract, the Purchaser may, at his option, cancel complete performance of the contract, the Purchaser may, at his option, cancel the contract and in such case the Contthe contract and in such case the Contthe contract and in such case the Contthe contract and in such case the Contractor shall have no claim whatsoever to ractor shall have no claim whatsoever to ractor shall have no claim whatsoever to ractor shall have no claim whatsoever to compensation against the Purchaser. compensation against the Purchaser. compensation against the Purchaser. compensation against the Purchaser. (c)(c)(c)(c) If the contract is not determined as provided in Sub If the contract is not determined as provided in Sub If the contract is not determined as provided in Sub If the contract is not determined as provided in Sub----clause (b) above clause (b) above clause (b) above clause (b) above

notwithstanding the retirement of a partner from the firm he shall continue to be notwithstanding the retirement of a partner from the firm he shall continue to be notwithstanding the retirement of a partner from the firm he shall continue to be notwithstanding the retirement of a partner from the firm he shall continue to be liable under the contrliable under the contrliable under the contrliable under the contract for acts of the firm until a copy of the public notice given act for acts of the firm until a copy of the public notice given act for acts of the firm until a copy of the public notice given act for acts of the firm until a copy of the public notice given by him under Section 32 of the Partnership Act, has been sent by him to the by him under Section 32 of the Partnership Act, has been sent by him to the by him under Section 32 of the Partnership Act, has been sent by him to the by him under Section 32 of the Partnership Act, has been sent by him to the Purchaser by registered post acknowledgement due. Purchaser by registered post acknowledgement due. Purchaser by registered post acknowledgement due. Purchaser by registered post acknowledgement due.

(d) (d) (d) (d) Consequence of breach Should a partner in the Contractor firConsequence of breach Should a partner in the Contractor firConsequence of breach Should a partner in the Contractor firConsequence of breach Should a partner in the Contractor firm commit a m commit a m commit a m commit a breach of Sub clause 1505 above or the Contractor should commit a breach of breach of Sub clause 1505 above or the Contractor should commit a breach of breach of Sub clause 1505 above or the Contractor should commit a breach of breach of Sub clause 1505 above or the Contractor should commit a breach of the conditions 1506(a) of this Sub clause, it shall be lawful for the Purchaser to the conditions 1506(a) of this Sub clause, it shall be lawful for the Purchaser to the conditions 1506(a) of this Sub clause, it shall be lawful for the Purchaser to the conditions 1506(a) of this Sub clause, it shall be lawful for the Purchaser to cancel the contract and purchase or authorize the purchase of the stores at the cancel the contract and purchase or authorize the purchase of the stores at the cancel the contract and purchase or authorize the purchase of the stores at the cancel the contract and purchase or authorize the purchase of the stores at the risk arisk arisk arisk and cost of the Contractor and in that event the provisions of Clauses 0600 nd cost of the Contractor and in that event the provisions of Clauses 0600 nd cost of the Contractor and in that event the provisions of Clauses 0600 nd cost of the Contractor and in that event the provisions of Clauses 0600 and 0700 as far as applicable shall apply. and 0700 as far as applicable shall apply. and 0700 as far as applicable shall apply. and 0700 as far as applicable shall apply.

(e)(e)(e)(e) The decision of the Purchaser as to any matter or thing concerning or arising The decision of the Purchaser as to any matter or thing concerning or arising The decision of the Purchaser as to any matter or thing concerning or arising The decision of the Purchaser as to any matter or thing concerning or arising out of this sub clause or on any question whether the Cout of this sub clause or on any question whether the Cout of this sub clause or on any question whether the Cout of this sub clause or on any question whether the Contractor or any partner ontractor or any partner ontractor or any partner ontractor or any partner of the Contractor firm has committed a breach of any of the conditions in this sub of the Contractor firm has committed a breach of any of the conditions in this sub of the Contractor firm has committed a breach of any of the conditions in this sub of the Contractor firm has committed a breach of any of the conditions in this sub clause contained shall be final and binding on the Contractor. clause contained shall be final and binding on the Contractor. clause contained shall be final and binding on the Contractor. clause contained shall be final and binding on the Contractor.

1507.1507.1507.1507. Assistance to the ContractorAssistance to the ContractorAssistance to the ContractorAssistance to the Contractor----

(a)(a)(a)(a) The Contractor shall be solely responsibl The Contractor shall be solely responsibl The Contractor shall be solely responsibl The Contractor shall be solely responsible to procure any material or obtain e to procure any material or obtain e to procure any material or obtain e to procure any material or obtain any import or other licence or permit required for the fulfilment of the contract and any import or other licence or permit required for the fulfilment of the contract and any import or other licence or permit required for the fulfilment of the contract and any import or other licence or permit required for the fulfilment of the contract and the grant by the Purchaser or any other authority of a quota certificate or permit the grant by the Purchaser or any other authority of a quota certificate or permit the grant by the Purchaser or any other authority of a quota certificate or permit the grant by the Purchaser or any other authority of a quota certificate or permit required under any law for distribution or acquisitrequired under any law for distribution or acquisitrequired under any law for distribution or acquisitrequired under any law for distribution or acquisition of iron and steel or any other ion of iron and steel or any other ion of iron and steel or any other ion of iron and steel or any other commodity or any other form of assistance in the procurement of the material commodity or any other form of assistance in the procurement of the material commodity or any other form of assistance in the procurement of the material commodity or any other form of assistance in the procurement of the material aforesaid or any attempt to render assistance in the matter aforesaid, or shall not aforesaid or any attempt to render assistance in the matter aforesaid, or shall not aforesaid or any attempt to render assistance in the matter aforesaid, or shall not aforesaid or any attempt to render assistance in the matter aforesaid, or shall not be construed as a representation on the part of the Purchasebe construed as a representation on the part of the Purchasebe construed as a representation on the part of the Purchasebe construed as a representation on the part of the Purchaser that the material r that the material r that the material r that the material covered by such licence or permit or quota certificate is available or constitute covered by such licence or permit or quota certificate is available or constitute covered by such licence or permit or quota certificate is available or constitute covered by such licence or permit or quota certificate is available or constitute any promise, undertaking or assurance on the part of the Purchaser regarding any promise, undertaking or assurance on the part of the Purchaser regarding any promise, undertaking or assurance on the part of the Purchaser regarding any promise, undertaking or assurance on the part of the Purchaser regarding the procurement of the same or effect any variation in the rights and liabilithe procurement of the same or effect any variation in the rights and liabilithe procurement of the same or effect any variation in the rights and liabilithe procurement of the same or effect any variation in the rights and liabilities of ties of ties of ties of the parties under the contract.the parties under the contract.the parties under the contract.the parties under the contract. But, if by reason of any such assistance as But, if by reason of any such assistance as But, if by reason of any such assistance as But, if by reason of any such assistance as aforesaid, the Contractor obtains any materials at less than their market price or aforesaid, the Contractor obtains any materials at less than their market price or aforesaid, the Contractor obtains any materials at less than their market price or aforesaid, the Contractor obtains any materials at less than their market price or

the cost of production of the stores is lowered the price of the stores payable the cost of production of the stores is lowered the price of the stores payable the cost of production of the stores is lowered the price of the stores payable the cost of production of the stores is lowered the price of the stores payable under thunder thunder thunder the contract shall be reduced proportionately, and the extent of such e contract shall be reduced proportionately, and the extent of such e contract shall be reduced proportionately, and the extent of such e contract shall be reduced proportionately, and the extent of such reduction shall be determined by the Purchaser whose decision shall be final and reduction shall be determined by the Purchaser whose decision shall be final and reduction shall be determined by the Purchaser whose decision shall be final and reduction shall be determined by the Purchaser whose decision shall be final and binding on the Contractor. binding on the Contractor. binding on the Contractor. binding on the Contractor.

(b) (b) (b) (b) Every effort made by the Purchaser to supply, or give assistance in the Every effort made by the Purchaser to supply, or give assistance in the Every effort made by the Purchaser to supply, or give assistance in the Every effort made by the Purchaser to supply, or give assistance in the proproproprocurement of materials, whether from the Government stock or by purchase curement of materials, whether from the Government stock or by purchase curement of materials, whether from the Government stock or by purchase curement of materials, whether from the Government stock or by purchase under a permit or release order issued by or on behalf of or under authority from under a permit or release order issued by or on behalf of or under authority from under a permit or release order issued by or on behalf of or under authority from under a permit or release order issued by or on behalf of or under authority from Government or by any officer empowered in that behalf by law or under other Government or by any officer empowered in that behalf by law or under other Government or by any officer empowered in that behalf by law or under other Government or by any officer empowered in that behalf by law or under other arrangements made by the Parrangements made by the Parrangements made by the Parrangements made by the Purchaser shall be deemed to be subject to the urchaser shall be deemed to be subject to the urchaser shall be deemed to be subject to the urchaser shall be deemed to be subject to the condition that it will be performed with due regard to the other demands and only condition that it will be performed with due regard to the other demands and only condition that it will be performed with due regard to the other demands and only condition that it will be performed with due regard to the other demands and only if it is found practicable to do so within the stipulated time and the decision of the if it is found practicable to do so within the stipulated time and the decision of the if it is found practicable to do so within the stipulated time and the decision of the if it is found practicable to do so within the stipulated time and the decision of the Purchaser whether it was practicable to sPurchaser whether it was practicable to sPurchaser whether it was practicable to sPurchaser whether it was practicable to supply or give assistance as aforesaid or upply or give assistance as aforesaid or upply or give assistance as aforesaid or upply or give assistance as aforesaid or not shall be final and binding on the Contractor. not shall be final and binding on the Contractor. not shall be final and binding on the Contractor. not shall be final and binding on the Contractor.

1600.1600.1600.1600. Use of Raw Materials secured with Government Assistance.Use of Raw Materials secured with Government Assistance.Use of Raw Materials secured with Government Assistance.Use of Raw Materials secured with Government Assistance.

1601.1601.1601.1601. (a) (a) (a) (a) Where any raw material is procured for the execution of a contract with the Where any raw material is procured for the execution of a contract with the Where any raw material is procured for the execution of a contract with the Where any raw material is procured for the execution of a contract with the assistance oassistance oassistance oassistance of the Government rendered in the form of permit, or licence or quota f the Government rendered in the form of permit, or licence or quota f the Government rendered in the form of permit, or licence or quota f the Government rendered in the form of permit, or licence or quota certificate/essentiality certificate or release order issued by or on behalf of or certificate/essentiality certificate or release order issued by or on behalf of or certificate/essentiality certificate or release order issued by or on behalf of or certificate/essentiality certificate or release order issued by or on behalf of or under the authority of the Government or by an officer empowered in that behalf, under the authority of the Government or by an officer empowered in that behalf, under the authority of the Government or by an officer empowered in that behalf, under the authority of the Government or by an officer empowered in that behalf, or or or or

(b)(b)(b)(b) where the raw m where the raw m where the raw m where the raw material is issued to the Contractor from Government stock, or aterial is issued to the Contractor from Government stock, or aterial is issued to the Contractor from Government stock, or aterial is issued to the Contractor from Government stock, or

(c)(c)(c)(c) where advance payments are made to the Contractor to enable him to where advance payments are made to the Contractor to enable him to where advance payments are made to the Contractor to enable him to where advance payments are made to the Contractor to enable him to purchase the raw material, or purchase the raw material, or purchase the raw material, or purchase the raw material, or

(d)(d)(d)(d) Where raw material is arranged by the Government, the Contractor Where raw material is arranged by the Government, the Contractor Where raw material is arranged by the Government, the Contractor Where raw material is arranged by the Government, the Contractor----

(i)(i)(i)(i) shall hold such shall hold such shall hold such shall hold such material as trustee for the Government, material as trustee for the Government, material as trustee for the Government, material as trustee for the Government,

(ii)(ii)(ii)(ii) Shall use such material economically and solely for the purpose of the Shall use such material economically and solely for the purpose of the Shall use such material economically and solely for the purpose of the Shall use such material economically and solely for the purpose of the contract. contract. contract. contract.

(iii)(iii)(iii)(iii) shall not dispose of the same without the previous permission in writing of the shall not dispose of the same without the previous permission in writing of the shall not dispose of the same without the previous permission in writing of the shall not dispose of the same without the previous permission in writing of the Purchaser, and Purchaser, and Purchaser, and Purchaser, and

(iv)(iv)(iv)(iv) shall render due acco shall render due acco shall render due acco shall render due account of such material and return to the Government at unt of such material and return to the Government at unt of such material and return to the Government at unt of such material and return to the Government at suchsuchsuchsuch place as the purchaser may direct all surplus or unserviceable material that place as the purchaser may direct all surplus or unserviceable material that place as the purchaser may direct all surplus or unserviceable material that place as the purchaser may direct all surplus or unserviceable material that may be left after the completion of the contract or its termination for any reason may be left after the completion of the contract or its termination for any reason may be left after the completion of the contract or its termination for any reason may be left after the completion of the contract or its termination for any reason whatsoever. whatsoever. whatsoever. whatsoever.

On returning such material, the Contractor shall be entitled to On returning such material, the Contractor shall be entitled to On returning such material, the Contractor shall be entitled to On returning such material, the Contractor shall be entitled to such price therefor as the Purchaser may fix, having regard to the condition of such price therefor as the Purchaser may fix, having regard to the condition of such price therefor as the Purchaser may fix, having regard to the condition of such price therefor as the Purchaser may fix, having regard to the condition of such material. such material. such material. such material.

1602.1602.1602.1602. Where the contract is terminated due to any default on the part of the Where the contract is terminated due to any default on the part of the Where the contract is terminated due to any default on the part of the Where the contract is terminated due to any default on the part of the Contractor, tContractor, tContractor, tContractor, the Contractor shall pay all transport charges incurred for returning he Contractor shall pay all transport charges incurred for returning he Contractor shall pay all transport charges incurred for returning he Contractor shall pay all transport charges incurred for returning any material up to such destination as may be determined by the Purchaser and any material up to such destination as may be determined by the Purchaser and any material up to such destination as may be determined by the Purchaser and any material up to such destination as may be determined by the Purchaser and the decision of the Purchaser in that behalf shall be final and binding on the the decision of the Purchaser in that behalf shall be final and binding on the the decision of the Purchaser in that behalf shall be final and binding on the the decision of the Purchaser in that behalf shall be final and binding on the Contractor. Contractor. Contractor. Contractor.

1603.1603.1603.1603. If the Con If the Con If the Con If the Contractor commits breach of any of the conditions in this clause tractor commits breach of any of the conditions in this clause tractor commits breach of any of the conditions in this clause tractor commits breach of any of the conditions in this clause specified, he shall, without prejudice to any other liability, penal or otherwise, be specified, he shall, without prejudice to any other liability, penal or otherwise, be specified, he shall, without prejudice to any other liability, penal or otherwise, be specified, he shall, without prejudice to any other liability, penal or otherwise, be liable to account to the Government for all moneys, advantages or profits liable to account to the Government for all moneys, advantages or profits liable to account to the Government for all moneys, advantages or profits liable to account to the Government for all moneys, advantages or profits accruing from or which, in the usaccruing from or which, in the usaccruing from or which, in the usaccruing from or which, in the usual course, would have accrued to him by ual course, would have accrued to him by ual course, would have accrued to him by ual course, would have accrued to him by reason of such breach. reason of such breach. reason of such breach. reason of such breach.

1604. 1604. 1604. 1604. Where the stores manufactured or fabricated by the Contractor out of the Where the stores manufactured or fabricated by the Contractor out of the Where the stores manufactured or fabricated by the Contractor out of the Where the stores manufactured or fabricated by the Contractor out of the material arranged or procured by or on behalf of the Government are rejected, material arranged or procured by or on behalf of the Government are rejected, material arranged or procured by or on behalf of the Government are rejected, material arranged or procured by or on behalf of the Government are rejected, the Contractor shall, without prejthe Contractor shall, without prejthe Contractor shall, without prejthe Contractor shall, without prejudice to any other right or remedy of the udice to any other right or remedy of the udice to any other right or remedy of the udice to any other right or remedy of the Government, pay to the Government, on demand, the cost price or market value Government, pay to the Government, on demand, the cost price or market value Government, pay to the Government, on demand, the cost price or market value Government, pay to the Government, on demand, the cost price or market value of all such materials whichever is greater. of all such materials whichever is greater. of all such materials whichever is greater. of all such materials whichever is greater.

1700.1700.1700.1700. Indemnity. Indemnity. Indemnity. Indemnity.

1701.1701.1701.1701. The Contractor shall at all times indemnify the Purchaser against The Contractor shall at all times indemnify the Purchaser against The Contractor shall at all times indemnify the Purchaser against The Contractor shall at all times indemnify the Purchaser against all all all all claims which may be made in respect of the stores for infringement of any right claims which may be made in respect of the stores for infringement of any right claims which may be made in respect of the stores for infringement of any right claims which may be made in respect of the stores for infringement of any right protected by patent, registration of designs or trade mark .protected by patent, registration of designs or trade mark .protected by patent, registration of designs or trade mark .protected by patent, registration of designs or trade mark . Provided always that Provided always that Provided always that Provided always that in the event of any claim in respect of alleged breach of letters patent, registered in the event of any claim in respect of alleged breach of letters patent, registered in the event of any claim in respect of alleged breach of letters patent, registered in the event of any claim in respect of alleged breach of letters patent, registered desdesdesdesigns or trade mark being made against the Purchaser, the Purchaser shall igns or trade mark being made against the Purchaser, the Purchaser shall igns or trade mark being made against the Purchaser, the Purchaser shall igns or trade mark being made against the Purchaser, the Purchaser shall notify the Contractor of the same and the Contractor shall, at his own expense, notify the Contractor of the same and the Contractor shall, at his own expense, notify the Contractor of the same and the Contractor shall, at his own expense, notify the Contractor of the same and the Contractor shall, at his own expense, either settle any such dispute or conduct any litigation that may arise there from. either settle any such dispute or conduct any litigation that may arise there from. either settle any such dispute or conduct any litigation that may arise there from. either settle any such dispute or conduct any litigation that may arise there from.

1702.1702.1702.1702. The Contrac The Contrac The Contrac The Contractor shall not be liable for payment of any royalty, licence fee tor shall not be liable for payment of any royalty, licence fee tor shall not be liable for payment of any royalty, licence fee tor shall not be liable for payment of any royalty, licence fee or other expenses in respect of or for making use of patents or designs with or other expenses in respect of or for making use of patents or designs with or other expenses in respect of or for making use of patents or designs with or other expenses in respect of or for making use of patents or designs with respect to which he is according to the terms of the contract, to be treated as an respect to which he is according to the terms of the contract, to be treated as an respect to which he is according to the terms of the contract, to be treated as an respect to which he is according to the terms of the contract, to be treated as an agent of the Government for the agent of the Government for the agent of the Government for the agent of the Government for the purpose of making use of patent or trade mark purpose of making use of patent or trade mark purpose of making use of patent or trade mark purpose of making use of patent or trade mark for fulfilment of the contract. for fulfilment of the contract. for fulfilment of the contract. for fulfilment of the contract.

1800.1800.1800.1800. Packing. Packing. Packing. Packing.

1801.1801.1801.1801. The Contractor shall pack at his own cost the stores sufficiently and The Contractor shall pack at his own cost the stores sufficiently and The Contractor shall pack at his own cost the stores sufficiently and The Contractor shall pack at his own cost the stores sufficiently and properly for transit by rail/road, air and/or sea as provided in the contract so asproperly for transit by rail/road, air and/or sea as provided in the contract so asproperly for transit by rail/road, air and/or sea as provided in the contract so asproperly for transit by rail/road, air and/or sea as provided in the contract so as to to to to ensure their being free from loss or damage on arrival at their destination. ensure their being free from loss or damage on arrival at their destination. ensure their being free from loss or damage on arrival at their destination. ensure their being free from loss or damage on arrival at their destination.

1802.1802.1802.1802. Unless otherwise, provided in the contract all containers (including Unless otherwise, provided in the contract all containers (including Unless otherwise, provided in the contract all containers (including Unless otherwise, provided in the contract all containers (including packing cases, boxes, tins, drums and wrappings) in which the stores are packing cases, boxes, tins, drums and wrappings) in which the stores are packing cases, boxes, tins, drums and wrappings) in which the stores are packing cases, boxes, tins, drums and wrappings) in which the stores are supplied by the contractosupplied by the contractosupplied by the contractosupplied by the contractor, shall be considered as nonr, shall be considered as nonr, shall be considered as nonr, shall be considered as non----returnable and their cost returnable and their cost returnable and their cost returnable and their cost as having been included in the contract price. as having been included in the contract price. as having been included in the contract price. as having been included in the contract price.

1803.1803.1803.1803. If If If If the the the the contract contract contract contract provides provides provides provides that that that that the the the the containers containers containers containers shall shall shall shall be be be be returnable, returnable, returnable, returnable, they they they they mustmustmustmust be be be be marked marked marked marked “ Returnable ”“ Returnable ”“ Returnable ”“ Returnable ” and they will be returned to th and they will be returned to th and they will be returned to th and they will be returned to the Contractor as e Contractor as e Contractor as e Contractor as per terms of the contract. per terms of the contract. per terms of the contract. per terms of the contract.

1804.1804.1804.1804. If the contract provides that returnable containers shall be separately If the contract provides that returnable containers shall be separately If the contract provides that returnable containers shall be separately If the contract provides that returnable containers shall be separately charged, they shall be invoiced by the Contractor at the price specified in charged, they shall be invoiced by the Contractor at the price specified in charged, they shall be invoiced by the Contractor at the price specified in charged, they shall be invoiced by the Contractor at the price specified in

acceptance of tender.acceptance of tender.acceptance of tender.acceptance of tender. In such cases, the Contractor shal In such cases, the Contractor shal In such cases, the Contractor shal In such cases, the Contractor shall give full credit for the l give full credit for the l give full credit for the l give full credit for the invoiced amount if the containers are returned to the Contractor.invoiced amount if the containers are returned to the Contractor.invoiced amount if the containers are returned to the Contractor.invoiced amount if the containers are returned to the Contractor. Return of Return of Return of Return of containers shall be made within a reasonable time and in the event of any containers shall be made within a reasonable time and in the event of any containers shall be made within a reasonable time and in the event of any containers shall be made within a reasonable time and in the event of any dispute or difference arising as to whether the containers were so returned, tdispute or difference arising as to whether the containers were so returned, tdispute or difference arising as to whether the containers were so returned, tdispute or difference arising as to whether the containers were so returned, the he he he decision of the Purchaser thereon shall be final and binding and the Purchaser decision of the Purchaser thereon shall be final and binding and the Purchaser decision of the Purchaser thereon shall be final and binding and the Purchaser decision of the Purchaser thereon shall be final and binding and the Purchaser may, in his discretion award, such compensations as may in his opinion be may, in his discretion award, such compensations as may in his opinion be may, in his discretion award, such compensations as may in his opinion be may, in his discretion award, such compensations as may in his opinion be proper for any undue delay in returning the containers. proper for any undue delay in returning the containers. proper for any undue delay in returning the containers. proper for any undue delay in returning the containers.

1805.1805.1805.1805. Each bale or package delivered under Each bale or package delivered under Each bale or package delivered under Each bale or package delivered under the contract shall be marked by the the contract shall be marked by the the contract shall be marked by the the contract shall be marked by the Contractor at his own expense.Contractor at his own expense.Contractor at his own expense.Contractor at his own expense. Such marking shall be distinct (all previous Such marking shall be distinct (all previous Such marking shall be distinct (all previous Such marking shall be distinct (all previous irrelevant marking being carefully obliterated) and shall clearly indicate the irrelevant marking being carefully obliterated) and shall clearly indicate the irrelevant marking being carefully obliterated) and shall clearly indicate the irrelevant marking being carefully obliterated) and shall clearly indicate the description and quantity of the stores, the name and address ofdescription and quantity of the stores, the name and address ofdescription and quantity of the stores, the name and address ofdescription and quantity of the stores, the name and address of the Consignee, the Consignee, the Consignee, the Consignee, the gross weight of the package and the name of the Contractor with a distinctive the gross weight of the package and the name of the Contractor with a distinctive the gross weight of the package and the name of the Contractor with a distinctive the gross weight of the package and the name of the Contractor with a distinctive number or mark sufficient for the purpose of identification.number or mark sufficient for the purpose of identification.number or mark sufficient for the purpose of identification.number or mark sufficient for the purpose of identification. All markings shall be All markings shall be All markings shall be All markings shall be carried out with such material as may be found satisfactory by the Inspectcarried out with such material as may be found satisfactory by the Inspectcarried out with such material as may be found satisfactory by the Inspectcarried out with such material as may be found satisfactory by the Inspecting ing ing ing Officer as regards quickness of drying, fastness and indelibility. Officer as regards quickness of drying, fastness and indelibility. Officer as regards quickness of drying, fastness and indelibility. Officer as regards quickness of drying, fastness and indelibility.

1806.1806.1806.1806. The Inspecting Officer may reject the stores if the stores are not packed/or The Inspecting Officer may reject the stores if the stores are not packed/or The Inspecting Officer may reject the stores if the stores are not packed/or The Inspecting Officer may reject the stores if the stores are not packed/or marked as aforesaid and in case where the packing materials are separately marked as aforesaid and in case where the packing materials are separately marked as aforesaid and in case where the packing materials are separately marked as aforesaid and in case where the packing materials are separately prescribed, if such materprescribed, if such materprescribed, if such materprescribed, if such materials are not in accordance with the terms of the ials are not in accordance with the terms of the ials are not in accordance with the terms of the ials are not in accordance with the terms of the contract.contract.contract.contract. Such rejection of the stores by the Inspecting Officer shall be final and Such rejection of the stores by the Inspecting Officer shall be final and Such rejection of the stores by the Inspecting Officer shall be final and Such rejection of the stores by the Inspecting Officer shall be final and binding on the Contractor. binding on the Contractor. binding on the Contractor. binding on the Contractor.

1807.1807.1807.1807. Each bale or package shall contain a Each bale or package shall contain a Each bale or package shall contain a Each bale or package shall contain a packing note packing note packing note packing note specifying the name specifying the name specifying the name specifying the name and address of thand address of thand address of thand address of the Contractor, the number and date of the acceptance of tender e Contractor, the number and date of the acceptance of tender e Contractor, the number and date of the acceptance of tender e Contractor, the number and date of the acceptance of tender or supply order and the designation of the Purchase Officer issuing the supply or supply order and the designation of the Purchase Officer issuing the supply or supply order and the designation of the Purchase Officer issuing the supply or supply order and the designation of the Purchase Officer issuing the supply order, the description of the stores and the quantity contained in such bale or order, the description of the stores and the quantity contained in such bale or order, the description of the stores and the quantity contained in such bale or order, the description of the stores and the quantity contained in such bale or package. package. package. package.

1900. 1900. 1900. 1900. Notification of DNotification of DNotification of DNotification of Delivery.elivery.elivery.elivery.

Notification of delivery or despatch in regard to each and every Notification of delivery or despatch in regard to each and every Notification of delivery or despatch in regard to each and every Notification of delivery or despatch in regard to each and every instalment shall be made to the consignee and to the indentor immediately on instalment shall be made to the consignee and to the indentor immediately on instalment shall be made to the consignee and to the indentor immediately on instalment shall be made to the consignee and to the indentor immediately on despatch or delivery.despatch or delivery.despatch or delivery.despatch or delivery. The Contractor shall further supply to the consignee, or The Contractor shall further supply to the consignee, or The Contractor shall further supply to the consignee, or The Contractor shall further supply to the consignee, or the the the the interim consignee, as the case may be, a packing account Quoting number of the interim consignee, as the case may be, a packing account Quoting number of the interim consignee, as the case may be, a packing account Quoting number of the interim consignee, as the case may be, a packing account Quoting number of the acceptance of tender and/or supply or repeat and date of despatch of the stores.acceptance of tender and/or supply or repeat and date of despatch of the stores.acceptance of tender and/or supply or repeat and date of despatch of the stores.acceptance of tender and/or supply or repeat and date of despatch of the stores. All packages, containers, bundles and loose materials part of each and every All packages, containers, bundles and loose materials part of each and every All packages, containers, bundles and loose materials part of each and every All packages, containers, bundles and loose materials part of each and every instalment shinstalment shinstalment shinstalment shall be fully described in the packing account and full details of the all be fully described in the packing account and full details of the all be fully described in the packing account and full details of the all be fully described in the packing account and full details of the contents of the packages and quantity of materials shall be given to enable the contents of the packages and quantity of materials shall be given to enable the contents of the packages and quantity of materials shall be given to enable the contents of the packages and quantity of materials shall be given to enable the consignee to check the stores on arrival at destination.consignee to check the stores on arrival at destination.consignee to check the stores on arrival at destination.consignee to check the stores on arrival at destination. The Railway The Railway The Railway The Railway Receipt/Consignment Note or Bill of Receipt/Consignment Note or Bill of Receipt/Consignment Note or Bill of Receipt/Consignment Note or Bill of Lading, if any, shall be forwarded to the Lading, if any, shall be forwarded to the Lading, if any, shall be forwarded to the Lading, if any, shall be forwarded to the consignee by registered post immediately on the despatch of stores.consignee by registered post immediately on the despatch of stores.consignee by registered post immediately on the despatch of stores.consignee by registered post immediately on the despatch of stores. The The The The Contractor shall bear and reimburse to the Purchaser demurrage charges, if any, Contractor shall bear and reimburse to the Purchaser demurrage charges, if any, Contractor shall bear and reimburse to the Purchaser demurrage charges, if any, Contractor shall bear and reimburse to the Purchaser demurrage charges, if any, paid by reason of delay on the part of the Contractor in forwpaid by reason of delay on the part of the Contractor in forwpaid by reason of delay on the part of the Contractor in forwpaid by reason of delay on the part of the Contractor in forwarding the Railway arding the Railway arding the Railway arding the Railway Receipt, Consignment Note or Bill of Lading. Receipt, Consignment Note or Bill of Lading. Receipt, Consignment Note or Bill of Lading. Receipt, Consignment Note or Bill of Lading.

2000.2000.2000.2000. Progress Reports.Progress Reports.Progress Reports.Progress Reports.

2001.2001.2001.2001. The Contractor shall from time The Contractor shall from time The Contractor shall from time The Contractor shall from time----totototo----time, render such reports concerning the time, render such reports concerning the time, render such reports concerning the time, render such reports concerning the progress of the contract and/or supply of the stores in such form as may be progress of the contract and/or supply of the stores in such form as may be progress of the contract and/or supply of the stores in such form as may be progress of the contract and/or supply of the stores in such form as may be requirerequirerequirerequired by the Purchaser. d by the Purchaser. d by the Purchaser. d by the Purchaser.

2002.2002.2002.2002. The submission, receipt and acceptance of such reports shall not The submission, receipt and acceptance of such reports shall not The submission, receipt and acceptance of such reports shall not The submission, receipt and acceptance of such reports shall not prejudice the rights of the Purchaser under the contract, nor shall operate as an prejudice the rights of the Purchaser under the contract, nor shall operate as an prejudice the rights of the Purchaser under the contract, nor shall operate as an prejudice the rights of the Purchaser under the contract, nor shall operate as an estoppel against Purchaser merely by reason of the fact that he has not taken estoppel against Purchaser merely by reason of the fact that he has not taken estoppel against Purchaser merely by reason of the fact that he has not taken estoppel against Purchaser merely by reason of the fact that he has not taken notnotnotnotice of/or subjected to test any information contained in such report. ice of/or subjected to test any information contained in such report. ice of/or subjected to test any information contained in such report. ice of/or subjected to test any information contained in such report.

2100.2100.2100.2100. Freight.Freight.Freight.Freight.

The stores shall be despatched at public tariff rates. The stores shall be despatched at public tariff rates. The stores shall be despatched at public tariff rates. The stores shall be despatched at public tariff rates. In the case of f.o.r., In the case of f.o.r., In the case of f.o.r., In the case of f.o.r., station of despatch contract, the stores shall be booked by the most economicalstation of despatch contract, the stores shall be booked by the most economicalstation of despatch contract, the stores shall be booked by the most economicalstation of despatch contract, the stores shall be booked by the most economical route or most economical tariff available at the time of despatch as the case may route or most economical tariff available at the time of despatch as the case may route or most economical tariff available at the time of despatch as the case may route or most economical tariff available at the time of despatch as the case may be.be.be.be. Failure to do so will render the Contractor liable for any avoidable Failure to do so will render the Contractor liable for any avoidable Failure to do so will render the Contractor liable for any avoidable Failure to do so will render the Contractor liable for any avoidable expenditure caused to the Purchaser.expenditure caused to the Purchaser.expenditure caused to the Purchaser.expenditure caused to the Purchaser. Where alternative routes exist, the Where alternative routes exist, the Where alternative routes exist, the Where alternative routes exist, the Purchaser shall, if callePurchaser shall, if callePurchaser shall, if callePurchaser shall, if called upon to do so, indicate the most economical route d upon to do so, indicate the most economical route d upon to do so, indicate the most economical route d upon to do so, indicate the most economical route available, or name the authority whose advice in the matter shall be taken and available, or name the authority whose advice in the matter shall be taken and available, or name the authority whose advice in the matter shall be taken and available, or name the authority whose advice in the matter shall be taken and acted upon.acted upon.acted upon.acted upon. If any advice of any such authority is sought, his decision or advice If any advice of any such authority is sought, his decision or advice If any advice of any such authority is sought, his decision or advice If any advice of any such authority is sought, his decision or advice in the matter shall be final and binding oin the matter shall be final and binding oin the matter shall be final and binding oin the matter shall be final and binding on the Contractor, n the Contractor, n the Contractor, n the Contractor,

2101.2101.2101.2101. In respect of road deliveries where the Municipal/local authorities do not In respect of road deliveries where the Municipal/local authorities do not In respect of road deliveries where the Municipal/local authorities do not In respect of road deliveries where the Municipal/local authorities do not accept Octroi Duty exemption Certificate, the Octroi Duty shall be borne by the accept Octroi Duty exemption Certificate, the Octroi Duty shall be borne by the accept Octroi Duty exemption Certificate, the Octroi Duty shall be borne by the accept Octroi Duty exemption Certificate, the Octroi Duty shall be borne by the Seller. Seller. Seller. Seller.

2200.2200.2200.2200. Removal of Rejected Stores. Removal of Rejected Stores. Removal of Rejected Stores. Removal of Rejected Stores.

2201.2201.2201.2201. On rejection of all sto On rejection of all sto On rejection of all sto On rejection of all stores submitted for inspection at a place other than the res submitted for inspection at a place other than the res submitted for inspection at a place other than the res submitted for inspection at a place other than the premises of the Contractor, such stores shall be removed by the Contractor at premises of the Contractor, such stores shall be removed by the Contractor at premises of the Contractor, such stores shall be removed by the Contractor at premises of the Contractor, such stores shall be removed by the Contractor at his own cost subject as hereinafter stipulated, within 21 days of the date of his own cost subject as hereinafter stipulated, within 21 days of the date of his own cost subject as hereinafter stipulated, within 21 days of the date of his own cost subject as hereinafter stipulated, within 21 days of the date of intimation of such rejection.intimation of such rejection.intimation of such rejection.intimation of such rejection. If the concern If the concern If the concern If the concerned communication is addressed and ed communication is addressed and ed communication is addressed and ed communication is addressed and posted to the Contractor at the address mentioned in the contract, it will be posted to the Contractor at the address mentioned in the contract, it will be posted to the Contractor at the address mentioned in the contract, it will be posted to the Contractor at the address mentioned in the contract, it will be deemed to have been served on him at the time when such communication deemed to have been served on him at the time when such communication deemed to have been served on him at the time when such communication deemed to have been served on him at the time when such communication would be in the course of ordinary post reach the Contractor.would be in the course of ordinary post reach the Contractor.would be in the course of ordinary post reach the Contractor.would be in the course of ordinary post reach the Contractor. Provided th Provided th Provided th Provided that the at the at the at the Inspecting Officer may call upon the Contractor to remove dangerous, infected or Inspecting Officer may call upon the Contractor to remove dangerous, infected or Inspecting Officer may call upon the Contractor to remove dangerous, infected or Inspecting Officer may call upon the Contractor to remove dangerous, infected or perishable stores within 48 hours of the receipt of such communication and the perishable stores within 48 hours of the receipt of such communication and the perishable stores within 48 hours of the receipt of such communication and the perishable stores within 48 hours of the receipt of such communication and the decision of the Inspecting Officer in this behalf shall be final in all respects. decision of the Inspecting Officer in this behalf shall be final in all respects. decision of the Inspecting Officer in this behalf shall be final in all respects. decision of the Inspecting Officer in this behalf shall be final in all respects. ProvideProvideProvideProvided further that where the price or part thereof has been paid, the d further that where the price or part thereof has been paid, the d further that where the price or part thereof has been paid, the d further that where the price or part thereof has been paid, the consignee is entitled without prejudice to his other rights to retain the rejected consignee is entitled without prejudice to his other rights to retain the rejected consignee is entitled without prejudice to his other rights to retain the rejected consignee is entitled without prejudice to his other rights to retain the rejected stores till the price paid for such stores is refunded by the Contractor save that stores till the price paid for such stores is refunded by the Contractor save that stores till the price paid for such stores is refunded by the Contractor save that stores till the price paid for such stores is refunded by the Contractor save that such retention shall notsuch retention shall notsuch retention shall notsuch retention shall not in any circumstances be deemed to be acceptance of the in any circumstances be deemed to be acceptance of the in any circumstances be deemed to be acceptance of the in any circumstances be deemed to be acceptance of the stores or waiver of rejection thereon. stores or waiver of rejection thereon. stores or waiver of rejection thereon. stores or waiver of rejection thereon.

2202.2202.2202.2202. All rejected stores shall in any event and circumstances remain and All rejected stores shall in any event and circumstances remain and All rejected stores shall in any event and circumstances remain and All rejected stores shall in any event and circumstances remain and always be at the risk of the Contractor immediately on such rejection.always be at the risk of the Contractor immediately on such rejection.always be at the risk of the Contractor immediately on such rejection.always be at the risk of the Contractor immediately on such rejection. If such If such If such If such storestorestorestores are not removed by the Contractor within the periods aforementioned, the s are not removed by the Contractor within the periods aforementioned, the s are not removed by the Contractor within the periods aforementioned, the s are not removed by the Contractor within the periods aforementioned, the Inspection Officer may remove the rejected stores and either return the same to Inspection Officer may remove the rejected stores and either return the same to Inspection Officer may remove the rejected stores and either return the same to Inspection Officer may remove the rejected stores and either return the same to the contractor at his risk and cost by such mode of transport as the Purchaser or the contractor at his risk and cost by such mode of transport as the Purchaser or the contractor at his risk and cost by such mode of transport as the Purchaser or the contractor at his risk and cost by such mode of transport as the Purchaser or Inspecting Officer Inspecting Officer Inspecting Officer Inspecting Officer may decide, or dispose of such stores at the Contractor's risk may decide, or dispose of such stores at the Contractor's risk may decide, or dispose of such stores at the Contractor's risk may decide, or dispose of such stores at the Contractor's risk and on his account and retain such portion of the proceeds, if any from such and on his account and retain such portion of the proceeds, if any from such and on his account and retain such portion of the proceeds, if any from such and on his account and retain such portion of the proceeds, if any from such disposal as may necessary to recover any expense incurred in connection with disposal as may necessary to recover any expense incurred in connection with disposal as may necessary to recover any expense incurred in connection with disposal as may necessary to recover any expense incurred in connection with such disposals (or any price refundablesuch disposals (or any price refundablesuch disposals (or any price refundablesuch disposals (or any price refundable as a consequence of such rejection). as a consequence of such rejection). as a consequence of such rejection). as a consequence of such rejection). The Purchaser shall, in addition, be entitled to recover from the Contractor The Purchaser shall, in addition, be entitled to recover from the Contractor The Purchaser shall, in addition, be entitled to recover from the Contractor The Purchaser shall, in addition, be entitled to recover from the Contractor ground rent/demurrage charges on the rejected stores after the expiry of the time ground rent/demurrage charges on the rejected stores after the expiry of the time ground rent/demurrage charges on the rejected stores after the expiry of the time ground rent/demurrage charges on the rejected stores after the expiry of the time limit mentioned above. limit mentioned above. limit mentioned above. limit mentioned above.

2203.2203.2203.2203. The stores that have been d The stores that have been d The stores that have been d The stores that have been despatched by rail and rejected after arrival at espatched by rail and rejected after arrival at espatched by rail and rejected after arrival at espatched by rail and rejected after arrival at destination may be taken back by the Contractor either at the station where they destination may be taken back by the Contractor either at the station where they destination may be taken back by the Contractor either at the station where they destination may be taken back by the Contractor either at the station where they were rejected or at the station from which they were sent, after refunding the were rejected or at the station from which they were sent, after refunding the were rejected or at the station from which they were sent, after refunding the were rejected or at the station from which they were sent, after refunding the price paid for such stores and other charges refprice paid for such stores and other charges refprice paid for such stores and other charges refprice paid for such stores and other charges refundable as a consequence of undable as a consequence of undable as a consequence of undable as a consequence of such rejection.such rejection.such rejection.such rejection. If the contract placed for delivery f o. r. station of despatch, the If the contract placed for delivery f o. r. station of despatch, the If the contract placed for delivery f o. r. station of despatch, the If the contract placed for delivery f o. r. station of despatch, the Contractor shall pay the carriage charges on the rejected consignment at public Contractor shall pay the carriage charges on the rejected consignment at public Contractor shall pay the carriage charges on the rejected consignment at public Contractor shall pay the carriage charges on the rejected consignment at public tariff rates from the station of despatch to the station wheretariff rates from the station of despatch to the station wheretariff rates from the station of despatch to the station wheretariff rates from the station of despatch to the station where they are rejected. they are rejected. they are rejected. they are rejected. If If If If the Contractor elects to take back the goods at the station from which they were the Contractor elects to take back the goods at the station from which they were the Contractor elects to take back the goods at the station from which they were the Contractor elects to take back the goods at the station from which they were despatched, the goods shall in addition, be booked back to him freight to pay at despatched, the goods shall in addition, be booked back to him freight to pay at despatched, the goods shall in addition, be booked back to him freight to pay at despatched, the goods shall in addition, be booked back to him freight to pay at public tariff rates and at owner's risk.public tariff rates and at owner's risk.public tariff rates and at owner's risk.public tariff rates and at owner's risk. The Contractor shall be liab The Contractor shall be liab The Contractor shall be liab The Contractor shall be liable to reimburse le to reimburse le to reimburse le to reimburse packing and incidental costs and charges incurred in such return or rejected packing and incidental costs and charges incurred in such return or rejected packing and incidental costs and charges incurred in such return or rejected packing and incidental costs and charges incurred in such return or rejected stores in addition to other charges refundable as a consequence of rejection.stores in addition to other charges refundable as a consequence of rejection.stores in addition to other charges refundable as a consequence of rejection.stores in addition to other charges refundable as a consequence of rejection. The goods shall remain the property of the Contractor unless and until accepted The goods shall remain the property of the Contractor unless and until accepted The goods shall remain the property of the Contractor unless and until accepted The goods shall remain the property of the Contractor unless and until accepted by tby tby tby the Purchaser after inspection. he Purchaser after inspection. he Purchaser after inspection. he Purchaser after inspection.

2300.2300.2300.2300. System of Payment. System of Payment. System of Payment. System of Payment.

2301.2301.2301.2301. Unless otherwise agreed upon between the parties, payment for delivery Unless otherwise agreed upon between the parties, payment for delivery Unless otherwise agreed upon between the parties, payment for delivery Unless otherwise agreed upon between the parties, payment for delivery of the stores will be made on submission of bills in the prescribed form which of the stores will be made on submission of bills in the prescribed form which of the stores will be made on submission of bills in the prescribed form which of the stores will be made on submission of bills in the prescribed form which may be obtained from the Purchase Offimay be obtained from the Purchase Offimay be obtained from the Purchase Offimay be obtained from the Purchase Officer in accordance with the instructions cer in accordance with the instructions cer in accordance with the instructions cer in accordance with the instructions given in the Acceptance of Tender, by a cheque or demand draft on a branch of given in the Acceptance of Tender, by a cheque or demand draft on a branch of given in the Acceptance of Tender, by a cheque or demand draft on a branch of given in the Acceptance of Tender, by a cheque or demand draft on a branch of the Reserve Bank of India or State Bank of India transacting government the Reserve Bank of India or State Bank of India transacting government the Reserve Bank of India or State Bank of India transacting government the Reserve Bank of India or State Bank of India transacting government business as may be decided by the Purchaser. business as may be decided by the Purchaser. business as may be decided by the Purchaser. business as may be decided by the Purchaser.

2302.2302.2302.2302. Payment for t Payment for t Payment for t Payment for the stores or for each consignment thereof will be made to he stores or for each consignment thereof will be made to he stores or for each consignment thereof will be made to he stores or for each consignment thereof will be made to the Contractor on submission of bills accompanied by required document in the Contractor on submission of bills accompanied by required document in the Contractor on submission of bills accompanied by required document in the Contractor on submission of bills accompanied by required document in accordance with the following procedure in contracts where such a facility to the accordance with the following procedure in contracts where such a facility to the accordance with the following procedure in contracts where such a facility to the accordance with the following procedure in contracts where such a facility to the Contractor has specifically been agreed toContractor has specifically been agreed toContractor has specifically been agreed toContractor has specifically been agreed to by the Purchaser: by the Purchaser: by the Purchaser: by the Purchaser: ----

(a)(a)(a)(a) 95 per cent payments for the stores or each consignment thereof will be 95 per cent payments for the stores or each consignment thereof will be 95 per cent payments for the stores or each consignment thereof will be 95 per cent payments for the stores or each consignment thereof will be made to the firms against proof of inspection and despatch.made to the firms against proof of inspection and despatch.made to the firms against proof of inspection and despatch.made to the firms against proof of inspection and despatch. The original railway The original railway The original railway The original railway receipt should be sent to the Accounts Officer responsible for payment alongreceipt should be sent to the Accounts Officer responsible for payment alongreceipt should be sent to the Accounts Officer responsible for payment alongreceipt should be sent to the Accounts Officer responsible for payment along with with with with 95 per cent bill advising the particulars of despatch to the consignee.95 per cent bill advising the particulars of despatch to the consignee.95 per cent bill advising the particulars of despatch to the consignee.95 per cent bill advising the particulars of despatch to the consignee. The The The The Accounts Officer after passing the 95 per cent bill should pass on the original Accounts Officer after passing the 95 per cent bill should pass on the original Accounts Officer after passing the 95 per cent bill should pass on the original Accounts Officer after passing the 95 per cent bill should pass on the original railway receipt to the consignee for taking delivery of the consignment.railway receipt to the consignee for taking delivery of the consignment.railway receipt to the consignee for taking delivery of the consignment.railway receipt to the consignee for taking delivery of the consignment. It should, It should, It should, It should, however,however,however,however, be ensured that there is no delay in the Accounts Office transmitting be ensured that there is no delay in the Accounts Office transmitting be ensured that there is no delay in the Accounts Office transmitting be ensured that there is no delay in the Accounts Office transmitting the original railway receipt to the consignee. the original railway receipt to the consignee. the original railway receipt to the consignee. the original railway receipt to the consignee.

(b) (b) (b) (b) The balance 5 percent shall be paid on receipt of the stores or each The balance 5 percent shall be paid on receipt of the stores or each The balance 5 percent shall be paid on receipt of the stores or each The balance 5 percent shall be paid on receipt of the stores or each consignment thereof in accordance with the terms of the contractconsignment thereof in accordance with the terms of the contractconsignment thereof in accordance with the terms of the contractconsignment thereof in accordance with the terms of the contract in good in good in good in good condition by the consignee, with a certificate to that effect endorsed on the copy condition by the consignee, with a certificate to that effect endorsed on the copy condition by the consignee, with a certificate to that effect endorsed on the copy condition by the consignee, with a certificate to that effect endorsed on the copy of the Inspection Note by the Consignee which shall accompany the bill of the Inspection Note by the Consignee which shall accompany the bill of the Inspection Note by the Consignee which shall accompany the bill of the Inspection Note by the Consignee which shall accompany the bill submitted by the Contractor. submitted by the Contractor. submitted by the Contractor. submitted by the Contractor.

(c)(c)(c)(c) In the case of F.O.B. & C. & F. contract 95 per cent of the In the case of F.O.B. & C. & F. contract 95 per cent of the In the case of F.O.B. & C. & F. contract 95 per cent of the In the case of F.O.B. & C. & F. contract 95 per cent of the price will be paid on price will be paid on price will be paid on price will be paid on presentation of shipping documents and inspection certificate and the remaining presentation of shipping documents and inspection certificate and the remaining presentation of shipping documents and inspection certificate and the remaining presentation of shipping documents and inspection certificate and the remaining 5 per cent on receipt of the stores in accordance with the terms of the contract in 5 per cent on receipt of the stores in accordance with the terms of the contract in 5 per cent on receipt of the stores in accordance with the terms of the contract in 5 per cent on receipt of the stores in accordance with the terms of the contract in

good condition by the Consignee, and on producing the certificate of good condition by the Consignee, and on producing the certificate of good condition by the Consignee, and on producing the certificate of good condition by the Consignee, and on producing the certificate of such receipt such receipt such receipt such receipt endorsed on one copy of the Inspection Note by the Consignee, or alternatively endorsed on one copy of the Inspection Note by the Consignee, or alternatively endorsed on one copy of the Inspection Note by the Consignee, or alternatively endorsed on one copy of the Inspection Note by the Consignee, or alternatively at the Contractor's option, the full value of the stores will be paid after inspection, at the Contractor's option, the full value of the stores will be paid after inspection, at the Contractor's option, the full value of the stores will be paid after inspection, at the Contractor's option, the full value of the stores will be paid after inspection, on receipt of the consignment in accordance with the terms of the contract ion receipt of the consignment in accordance with the terms of the contract ion receipt of the consignment in accordance with the terms of the contract ion receipt of the consignment in accordance with the terms of the contract in n n n good condition by the Consignee and on producing a certificate of such receipt good condition by the Consignee and on producing a certificate of such receipt good condition by the Consignee and on producing a certificate of such receipt good condition by the Consignee and on producing a certificate of such receipt endorsed on one copy of the Inspection Note. endorsed on one copy of the Inspection Note. endorsed on one copy of the Inspection Note. endorsed on one copy of the Inspection Note.

2303.2303.2303.2303. In all other contracts or in contracts where the Inspecting Officer also acts In all other contracts or in contracts where the Inspecting Officer also acts In all other contracts or in contracts where the Inspecting Officer also acts In all other contracts or in contracts where the Inspecting Officer also acts as the interim consignee or where inspectionas the interim consignee or where inspectionas the interim consignee or where inspectionas the interim consignee or where inspection is carried on by the Consignee is carried on by the Consignee is carried on by the Consignee is carried on by the Consignee himself at destination and in all cases of local delivery full payment shall be made himself at destination and in all cases of local delivery full payment shall be made himself at destination and in all cases of local delivery full payment shall be made himself at destination and in all cases of local delivery full payment shall be made on submission of on submission of on submission of on submission of " Final 100 percent bill "" Final 100 percent bill "" Final 100 percent bill "" Final 100 percent bill " supported by the Inspection supported by the Inspection supported by the Inspection supported by the Inspection Certificates and consignee's receipt as aforesaid to the Accounts OCertificates and consignee's receipt as aforesaid to the Accounts OCertificates and consignee's receipt as aforesaid to the Accounts OCertificates and consignee's receipt as aforesaid to the Accounts Officer fficer fficer fficer concerned. concerned. concerned. concerned.

NoteNoteNoteNote---- (1)(1)(1)(1) The system of 95 percent and 5 percent payment is not applicable to claims The system of 95 percent and 5 percent payment is not applicable to claims The system of 95 percent and 5 percent payment is not applicable to claims The system of 95 percent and 5 percent payment is not applicable to claims amounting to Rs.1000/amounting to Rs.1000/amounting to Rs.1000/amounting to Rs.1000/---- or below. In such cases only a single bill for value should or below. In such cases only a single bill for value should or below. In such cases only a single bill for value should or below. In such cases only a single bill for value should he submitted. he submitted. he submitted. he submitted.

(2) (2) (2) (2) In the case of Running Contracts, the system of pIn the case of Running Contracts, the system of pIn the case of Running Contracts, the system of pIn the case of Running Contracts, the system of payment will be similar to the ayment will be similar to the ayment will be similar to the ayment will be similar to the above except that payment would be 98 per cent and 2 per cent instead of 95 above except that payment would be 98 per cent and 2 per cent instead of 95 above except that payment would be 98 per cent and 2 per cent instead of 95 above except that payment would be 98 per cent and 2 per cent instead of 95 per cent and 5 per cent specified above. per cent and 5 per cent specified above. per cent and 5 per cent specified above. per cent and 5 per cent specified above.

2400.2400.2400.2400. Withholding and lien in respect of sums claimed. Withholding and lien in respect of sums claimed. Withholding and lien in respect of sums claimed. Withholding and lien in respect of sums claimed.

2401.2401.2401.2401. Whenever any claim or claims for payment of Whenever any claim or claims for payment of Whenever any claim or claims for payment of Whenever any claim or claims for payment of a sum of money arises out a sum of money arises out a sum of money arises out a sum of money arises out of or under the contract against the Contractor, the Purchaser shall be entitled to of or under the contract against the Contractor, the Purchaser shall be entitled to of or under the contract against the Contractor, the Purchaser shall be entitled to of or under the contract against the Contractor, the Purchaser shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from withhold and also have a lien to retain such sum or sums in whole or in part from withhold and also have a lien to retain such sum or sums in whole or in part from withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the Contractor and for the puthe security, if any, deposited by the Contractor and for the puthe security, if any, deposited by the Contractor and for the puthe security, if any, deposited by the Contractor and for the purpose aforesaid, rpose aforesaid, rpose aforesaid, rpose aforesaid, the Purchaser shall be entitled to withhold the said cash security deposit or the the Purchaser shall be entitled to withhold the said cash security deposit or the the Purchaser shall be entitled to withhold the said cash security deposit or the the Purchaser shall be entitled to withhold the said cash security deposit or the security, if any, furnished as the case may be and also have a lien over the same security, if any, furnished as the case may be and also have a lien over the same security, if any, furnished as the case may be and also have a lien over the same security, if any, furnished as the case may be and also have a lien over the same pending finalisation or adjudication of any such claim.pending finalisation or adjudication of any such claim.pending finalisation or adjudication of any such claim.pending finalisation or adjudication of any such claim. In the event of th In the event of th In the event of th In the event of the security e security e security e security

being insufficient to cover the claimed amount or amounts or if no security has being insufficient to cover the claimed amount or amounts or if no security has being insufficient to cover the claimed amount or amounts or if no security has being insufficient to cover the claimed amount or amounts or if no security has been taken from the Contractor, the Purchaser shall be entitled to withhold and been taken from the Contractor, the Purchaser shall be entitled to withhold and been taken from the Contractor, the Purchaser shall be entitled to withhold and been taken from the Contractor, the Purchaser shall be entitled to withhold and have lien to retain to the extent of the such claimed amount or amounts referred have lien to retain to the extent of the such claimed amount or amounts referred have lien to retain to the extent of the such claimed amount or amounts referred have lien to retain to the extent of the such claimed amount or amounts referred to sto sto sto supra, from any sum or sums found payable or which at any time thereafter upra, from any sum or sums found payable or which at any time thereafter upra, from any sum or sums found payable or which at any time thereafter upra, from any sum or sums found payable or which at any time thereafter may become payable to the Contractor under the same contract or any other may become payable to the Contractor under the same contract or any other may become payable to the Contractor under the same contract or any other may become payable to the Contractor under the same contract or any other contract with the Purchaser or the Government pending finalisation or contract with the Purchaser or the Government pending finalisation or contract with the Purchaser or the Government pending finalisation or contract with the Purchaser or the Government pending finalisation or adjudication of any such claim. adjudication of any such claim. adjudication of any such claim. adjudication of any such claim.

It is an agreed term of the contract that the sum of money or moneys It is an agreed term of the contract that the sum of money or moneys It is an agreed term of the contract that the sum of money or moneys It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above, by the Purchaser will be so withheld or retained under the lien referred to above, by the Purchaser will be so withheld or retained under the lien referred to above, by the Purchaser will be so withheld or retained under the lien referred to above, by the Purchaser will be kept withheld or retained as such by the Purchaser till the claim arising out of or kept withheld or retained as such by the Purchaser till the claim arising out of or kept withheld or retained as such by the Purchaser till the claim arising out of or kept withheld or retained as such by the Purchaser till the claim arising out of or under tunder tunder tunder the contract is determined by the Arbitrator (if the contract is governed by he contract is determined by the Arbitrator (if the contract is governed by he contract is determined by the Arbitrator (if the contract is governed by he contract is determined by the Arbitrator (if the contract is governed by the arbitration clause) or by the competent court as prescribed under clause the arbitration clause) or by the competent court as prescribed under clause the arbitration clause) or by the competent court as prescribed under clause the arbitration clause) or by the competent court as prescribed under clause 2703 hereinafter provided, as the case may be, and that the Contractor will have 2703 hereinafter provided, as the case may be, and that the Contractor will have 2703 hereinafter provided, as the case may be, and that the Contractor will have 2703 hereinafter provided, as the case may be, and that the Contractor will have no claim for interest no claim for interest no claim for interest no claim for interest or damages whatsoever on any account in respect of such or damages whatsoever on any account in respect of such or damages whatsoever on any account in respect of such or damages whatsoever on any account in respect of such withholding or retention under the lien referred to supra and duly notified as' such withholding or retention under the lien referred to supra and duly notified as' such withholding or retention under the lien referred to supra and duly notified as' such withholding or retention under the lien referred to supra and duly notified as' such to the Contractor. to the Contractor. to the Contractor. to the Contractor.

2402.2402.2402.2402. For the purpose of Clause 2401, where the Contractor is a partnership For the purpose of Clause 2401, where the Contractor is a partnership For the purpose of Clause 2401, where the Contractor is a partnership For the purpose of Clause 2401, where the Contractor is a partnership firm or a limited firm or a limited firm or a limited firm or a limited company, the Purchaser shall be entitled to withhold and also company, the Purchaser shall be entitled to withhold and also company, the Purchaser shall be entitled to withhold and also company, the Purchaser shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part have a lien to retain towards such claimed amount or amounts in whole or in part have a lien to retain towards such claimed amount or amounts in whole or in part have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner / limited company, as the case may from any sum found payable to any partner / limited company, as the case may from any sum found payable to any partner / limited company, as the case may from any sum found payable to any partner / limited company, as the case may be, whether in his individual capacibe, whether in his individual capacibe, whether in his individual capacibe, whether in his individual capacity or otherwise. ty or otherwise. ty or otherwise. ty or otherwise.

2403.2403.2403.2403. Lien in respect of Claims in other ContractsLien in respect of Claims in other ContractsLien in respect of Claims in other ContractsLien in respect of Claims in other Contracts---- Any sum of money due and Any sum of money due and Any sum of money due and Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under payable to the Contractor (including the security deposit returnable to him) under payable to the Contractor (including the security deposit returnable to him) under payable to the Contractor (including the security deposit returnable to him) under the contract may withhold or retain by way of lien by the Purchaser or the contract may withhold or retain by way of lien by the Purchaser or the contract may withhold or retain by way of lien by the Purchaser or the contract may withhold or retain by way of lien by the Purchaser or GoverGoverGoverGovernment against any claim of the Purchaser or Government in respect of nment against any claim of the Purchaser or Government in respect of nment against any claim of the Purchaser or Government in respect of nment against any claim of the Purchaser or Government in respect of payment of a sum of money arising out of or under any other contract made by payment of a sum of money arising out of or under any other contract made by payment of a sum of money arising out of or under any other contract made by payment of a sum of money arising out of or under any other contract made by the Contractor with the Purchaser or Government. the Contractor with the Purchaser or Government. the Contractor with the Purchaser or Government. the Contractor with the Purchaser or Government.

It is an agreed term of the contract that the It is an agreed term of the contract that the It is an agreed term of the contract that the It is an agreed term of the contract that the sum of money so withheld sum of money so withheld sum of money so withheld sum of money so withheld or retained under this clause by the Purchaser or Government will be kept or retained under this clause by the Purchaser or Government will be kept or retained under this clause by the Purchaser or Government will be kept or retained under this clause by the Purchaser or Government will be kept withheld or retained as such by the Purchaser or Government till his claim arising withheld or retained as such by the Purchaser or Government till his claim arising withheld or retained as such by the Purchaser or Government till his claim arising withheld or retained as such by the Purchaser or Government till his claim arising out of the same contract or any other contract is either mutually settledout of the same contract or any other contract is either mutually settledout of the same contract or any other contract is either mutually settledout of the same contract or any other contract is either mutually settled or or or or determined by the arbitrator, if the contract is governed by the arbitration clause determined by the arbitrator, if the contract is governed by the arbitration clause determined by the arbitrator, if the contract is governed by the arbitration clause determined by the arbitrator, if the contract is governed by the arbitration clause or by the competent court under Clause 2703 hereinafter provided, as the case or by the competent court under Clause 2703 hereinafter provided, as the case or by the competent court under Clause 2703 hereinafter provided, as the case or by the competent court under Clause 2703 hereinafter provided, as the case may be, and that the Contractor shall have no claim for interest or damages may be, and that the Contractor shall have no claim for interest or damages may be, and that the Contractor shall have no claim for interest or damages may be, and that the Contractor shall have no claim for interest or damages whatsoever on whatsoever on whatsoever on whatsoever on this account or on any other ground in respect of any sum of this account or on any other ground in respect of any sum of this account or on any other ground in respect of any sum of this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the money withheld or retained under this clause and duly notified as such to the money withheld or retained under this clause and duly notified as such to the money withheld or retained under this clause and duly notified as such to the Contractor. Contractor. Contractor. Contractor.

2500.2500.2500.2500. Corrupt Practices.Corrupt Practices.Corrupt Practices.Corrupt Practices.

2501.2501.2501.2501. The Contractor shall not offer or give or agree to give to any person The Contractor shall not offer or give or agree to give to any person The Contractor shall not offer or give or agree to give to any person The Contractor shall not offer or give or agree to give to any person in the in the in the in the employment of the Purchaser or working under the orders of the Purchaser any employment of the Purchaser or working under the orders of the Purchaser any employment of the Purchaser or working under the orders of the Purchaser any employment of the Purchaser or working under the orders of the Purchaser any gift or consideration of any kind as an inducement or reward for doing or gift or consideration of any kind as an inducement or reward for doing or gift or consideration of any kind as an inducement or reward for doing or gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the forbearing to do or for having done or forborne to do any act in relation to the forbearing to do or for having done or forborne to do any act in relation to the forbearing to do or for having done or forborne to do any act in relation to the obtaining or execobtaining or execobtaining or execobtaining or execution of the contract or any other contract with the Purchaser or ution of the contract or any other contract with the Purchaser or ution of the contract or any other contract with the Purchaser or ution of the contract or any other contract with the Purchaser or Government or for showing any favour or for bearing to show disfavour to any Government or for showing any favour or for bearing to show disfavour to any Government or for showing any favour or for bearing to show disfavour to any Government or for showing any favour or for bearing to show disfavour to any person in relation to the contract or any other contract with the Purchaser or person in relation to the contract or any other contract with the Purchaser or person in relation to the contract or any other contract with the Purchaser or person in relation to the contract or any other contract with the Purchaser or Government.Government.Government.Government. Any breach of the afo Any breach of the afo Any breach of the afo Any breach of the aforesaid condition by the Contractor, or any resaid condition by the Contractor, or any resaid condition by the Contractor, or any resaid condition by the Contractor, or any one employed by him or acting on his behalf (whether with or without the one employed by him or acting on his behalf (whether with or without the one employed by him or acting on his behalf (whether with or without the one employed by him or acting on his behalf (whether with or without the knowledge of the Contractor) or the commission of any offence by the Contractor knowledge of the Contractor) or the commission of any offence by the Contractor knowledge of the Contractor) or the commission of any offence by the Contractor knowledge of the Contractor) or the commission of any offence by the Contractor or by any one employed by him or acting on his behalf under or by any one employed by him or acting on his behalf under or by any one employed by him or acting on his behalf under or by any one employed by him or acting on his behalf under IX of the Indian IX of the Indian IX of the Indian IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other act Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other act Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other act Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other act enacted for the prevention of corruption by public servants shall entitle the enacted for the prevention of corruption by public servants shall entitle the enacted for the prevention of corruption by public servants shall entitle the enacted for the prevention of corruption by public servants shall entitle the Purchaser to cancel the contract and all or any other contracts with the Purchaser to cancel the contract and all or any other contracts with the Purchaser to cancel the contract and all or any other contracts with the Purchaser to cancel the contract and all or any other contracts with the Contractor aContractor aContractor aContractor and to recover from the Contractor the amount of any loss arising nd to recover from the Contractor the amount of any loss arising nd to recover from the Contractor the amount of any loss arising nd to recover from the Contractor the amount of any loss arising from such cancellation in accordance with the provisions of Clauses 0600 and from such cancellation in accordance with the provisions of Clauses 0600 and from such cancellation in accordance with the provisions of Clauses 0600 and from such cancellation in accordance with the provisions of Clauses 0600 and 0700. 0700. 0700. 0700.

2502.2502.2502.2502. Any dispute or difference in respect of either the interpretation effect or Any dispute or difference in respect of either the interpretation effect or Any dispute or difference in respect of either the interpretation effect or Any dispute or difference in respect of either the interpretation effect or application or the aboveapplication or the aboveapplication or the aboveapplication or the above condition or of the amount recoverable thereunder by condition or of the amount recoverable thereunder by condition or of the amount recoverable thereunder by condition or of the amount recoverable thereunder by the Purchaser from the Contractor, shall be decided by the Purchaser, whose the Purchaser from the Contractor, shall be decided by the Purchaser, whose the Purchaser from the Contractor, shall be decided by the Purchaser, whose the Purchaser from the Contractor, shall be decided by the Purchaser, whose decision there on shall be final and binding on the Contractor. decision there on shall be final and binding on the Contractor. decision there on shall be final and binding on the Contractor. decision there on shall be final and binding on the Contractor.

2600.2600.2600.2600. Insolvency and Breach of Contract.Insolvency and Breach of Contract.Insolvency and Breach of Contract.Insolvency and Breach of Contract.

2601.2601.2601.2601. The Purchas The Purchas The Purchas The Purchaserererer may may may may at at at at any time, by any time, by any time, by any time, by notice notice notice notice in in in in writing writing writing writing summarily summarily summarily summarily determinedeterminedeterminedetermine the contract without compensation to the Contractor in any of the the contract without compensation to the Contractor in any of the the contract without compensation to the Contractor in any of the the contract without compensation to the Contractor in any of the following events, that is to say following events, that is to say following events, that is to say following events, that is to say

(a) (a) (a) (a) if the Contractor being an individual or if a firm, any partner thereof, shall at if the Contractor being an individual or if a firm, any partner thereof, shall at if the Contractor being an individual or if a firm, any partner thereof, shall at if the Contractor being an individual or if a firm, any partner thereof, shall at any time, be adjudged insolvent or shall have a receiving order or order for any time, be adjudged insolvent or shall have a receiving order or order for any time, be adjudged insolvent or shall have a receiving order or order for any time, be adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for administration of his estate made against him or shall take any proceeding for administration of his estate made against him or shall take any proceeding for administration of his estate made against him or shall take any proceeding for composition under any Insolvency Act for the time being in force or make any composition under any Insolvency Act for the time being in force or make any composition under any Insolvency Act for the time being in force or make any composition under any Insolvency Act for the time being in force or make any conveyance or assignmenconveyance or assignmenconveyance or assignmenconveyance or assignment of his effects or enter into any assignment or t of his effects or enter into any assignment or t of his effects or enter into any assignment or t of his effects or enter into any assignment or composition with his creditors or suspend payment or if the firm be dissolved composition with his creditors or suspend payment or if the firm be dissolved composition with his creditors or suspend payment or if the firm be dissolved composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or under the Partnership Act, or under the Partnership Act, or under the Partnership Act, or

(b)(b)(b)(b) if the Contractor being a company is wound up voluntarily or by the order of a if the Contractor being a company is wound up voluntarily or by the order of a if the Contractor being a company is wound up voluntarily or by the order of a if the Contractor being a company is wound up voluntarily or by the order of a Court or a ReceCourt or a ReceCourt or a ReceCourt or a Receiver, Liquidator or Manager on behalf of the Debenture holders is iver, Liquidator or Manager on behalf of the Debenture holders is iver, Liquidator or Manager on behalf of the Debenture holders is iver, Liquidator or Manager on behalf of the Debenture holders is appointed or circumstances shall have arisen which entitle the Court or appointed or circumstances shall have arisen which entitle the Court or appointed or circumstances shall have arisen which entitle the Court or appointed or circumstances shall have arisen which entitle the Court or Debenture holders to appoint a Receiver, Liquidator or Manager, or Debenture holders to appoint a Receiver, Liquidator or Manager, or Debenture holders to appoint a Receiver, Liquidator or Manager, or Debenture holders to appoint a Receiver, Liquidator or Manager, or

(c)(c)(c)(c) if the Contractor commits any breach of the co if the Contractor commits any breach of the co if the Contractor commits any breach of the co if the Contractor commits any breach of the contract not herein specifically ntract not herein specifically ntract not herein specifically ntract not herein specifically provided for. provided for. provided for. provided for. Provided always that such determination shall not prejudice any right of action or Provided always that such determination shall not prejudice any right of action or Provided always that such determination shall not prejudice any right of action or Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue there after to the Purchaser remedy which shall have accrued or shall accrue there after to the Purchaser remedy which shall have accrued or shall accrue there after to the Purchaser remedy which shall have accrued or shall accrue there after to the Purchaser and provided also the Contractor shall be liable tand provided also the Contractor shall be liable tand provided also the Contractor shall be liable tand provided also the Contractor shall be liable to pay to the Purchaser for any o pay to the Purchaser for any o pay to the Purchaser for any o pay to the Purchaser for any extra expenditure he is thereby put to and Contractor shall, under no extra expenditure he is thereby put to and Contractor shall, under no extra expenditure he is thereby put to and Contractor shall, under no extra expenditure he is thereby put to and Contractor shall, under no circumstances, be entitled to any given on recircumstances, be entitled to any given on recircumstances, be entitled to any given on recircumstances, be entitled to any given on re----purchase. purchase. purchase. purchase.

2700.2700.2700.2700. Laws governing the Contract.Laws governing the Contract.Laws governing the Contract.Laws governing the Contract.

2701.2701.2701.2701. This contract shall be governed by the Laws of India fThis contract shall be governed by the Laws of India fThis contract shall be governed by the Laws of India fThis contract shall be governed by the Laws of India for the time being in or the time being in or the time being in or the time being in force. force. force. force.

2702.2702.2702.2702. Irrespective of the place of delivery, the place of performance or place of Irrespective of the place of delivery, the place of performance or place of Irrespective of the place of delivery, the place of performance or place of Irrespective of the place of delivery, the place of performance or place of payment under the contract, the contract shall he deemed to have been made at payment under the contract, the contract shall he deemed to have been made at payment under the contract, the contract shall he deemed to have been made at payment under the contract, the contract shall he deemed to have been made at the place from which the acceptance of tender has been issued. the place from which the acceptance of tender has been issued. the place from which the acceptance of tender has been issued. the place from which the acceptance of tender has been issued.

2727272703030303.... Jurisdiction of courts Jurisdiction of courts Jurisdiction of courts Jurisdiction of courts---- This Courts of the place from where the acceptance This Courts of the place from where the acceptance This Courts of the place from where the acceptance This Courts of the place from where the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute of tender has been issued shall alone have jurisdiction to decide any dispute of tender has been issued shall alone have jurisdiction to decide any dispute of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract. arising out of or in respect of the contract. arising out of or in respect of the contract. arising out of or in respect of the contract.

2704.2704.2704.2704. Marking of stores Marking of stores Marking of stores Marking of stores---- The marking of the storesThe marking of the storesThe marking of the storesThe marking of the stores must comply with the must comply with the must comply with the must comply with the requirements of the laws relating to merchandise marks for the time being in requirements of the laws relating to merchandise marks for the time being in requirements of the laws relating to merchandise marks for the time being in requirements of the laws relating to merchandise marks for the time being in force in India. force in India. force in India. force in India.

2705.2705.2705.2705. Compliance with provisions of Contract Labour (Regulation and Abolition) Compliance with provisions of Contract Labour (Regulation and Abolition) Compliance with provisions of Contract Labour (Regulation and Abolition) Compliance with provisions of Contract Labour (Regulation and Abolition) Act, 1970Act, 1970Act, 1970Act, 1970

(1)(1)(1)(1) The Contractor shall comply with the provisio The Contractor shall comply with the provisio The Contractor shall comply with the provisio The Contractor shall comply with the provisions of the Contract Labour ns of the Contract Labour ns of the Contract Labour ns of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contractor Labour (Regulation and (Regulation and Abolition) Act, 1970 and the Contractor Labour (Regulation and (Regulation and Abolition) Act, 1970 and the Contractor Labour (Regulation and (Regulation and Abolition) Act, 1970 and the Contractor Labour (Regulation and Abolition) Central Rules, 1971, as modified from timeAbolition) Central Rules, 1971, as modified from timeAbolition) Central Rules, 1971, as modified from timeAbolition) Central Rules, 1971, as modified from time----totototo----time, wherever time, wherever time, wherever time, wherever applicable and shall also indemnify the Purchaser from and against any claims applicable and shall also indemnify the Purchaser from and against any claims applicable and shall also indemnify the Purchaser from and against any claims applicable and shall also indemnify the Purchaser from and against any claims uuuunder the aforesaid Act and the Rules. nder the aforesaid Act and the Rules. nder the aforesaid Act and the Rules. nder the aforesaid Act and the Rules.

(2)(2)(2)(2) The Contractor shall obtain a valid licence under the aforesaid Act as The Contractor shall obtain a valid licence under the aforesaid Act as The Contractor shall obtain a valid licence under the aforesaid Act as The Contractor shall obtain a valid licence under the aforesaid Act as modified from timemodified from timemodified from timemodified from time----totototo----time before the commencement of the contract and time before the commencement of the contract and time before the commencement of the contract and time before the commencement of the contract and continue to have a valid licence until the completion of the contract.continue to have a valid licence until the completion of the contract.continue to have a valid licence until the completion of the contract.continue to have a valid licence until the completion of the contract. Any failure Any failure Any failure Any failure to fulfil this requirement shall attract the penal provisions of the contract arising to fulfil this requirement shall attract the penal provisions of the contract arising to fulfil this requirement shall attract the penal provisions of the contract arising to fulfil this requirement shall attract the penal provisions of the contract arising out of the resultant non execution of the contract. out of the resultant non execution of the contract. out of the resultant non execution of the contract. out of the resultant non execution of the contract.

(3)(3)(3)(3) The Contractor shall pay to labour employed by him directly or through Sub The Contractor shall pay to labour employed by him directly or through Sub The Contractor shall pay to labour employed by him directly or through Sub The Contractor shall pay to labour employed by him directly or through Sub----Contractors the wages as Contractors the wages as Contractors the wages as Contractors the wages as per provisions of the aforesaid Act and the Rules per provisions of the aforesaid Act and the Rules per provisions of the aforesaid Act and the Rules per provisions of the aforesaid Act and the Rules wherever applicable.wherever applicable.wherever applicable.wherever applicable. The Contractor, shall, notwithstanding the provisions of the The Contractor, shall, notwithstanding the provisions of the The Contractor, shall, notwithstanding the provisions of the The Contractor, shall, notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged contract to the contrary, cause to be paid the wages to labour indirectly engaged contract to the contrary, cause to be paid the wages to labour indirectly engaged contract to the contrary, cause to be paid the wages to labour indirectly engaged on the contract including any engaged by on the contract including any engaged by on the contract including any engaged by on the contract including any engaged by his Subhis Subhis Subhis Sub----Contractors in connection with Contractors in connection with Contractors in connection with Contractors in connection with the said contract, as if the labour had been immediately employed by him. the said contract, as if the labour had been immediately employed by him. the said contract, as if the labour had been immediately employed by him. the said contract, as if the labour had been immediately employed by him.

(4)(4)(4)(4) In respect of all labour directly or indirectly employed in the contract for In respect of all labour directly or indirectly employed in the contract for In respect of all labour directly or indirectly employed in the contract for In respect of all labour directly or indirectly employed in the contract for performance of the Contractor's part of the contract, the Conperformance of the Contractor's part of the contract, the Conperformance of the Contractor's part of the contract, the Conperformance of the Contractor's part of the contract, the Contractor shall comply tractor shall comply tractor shall comply tractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the with or cause to be complied with the provisions of the aforesaid Act and the with or cause to be complied with the provisions of the aforesaid Act and the with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable. Rules wherever applicable. Rules wherever applicable. Rules wherever applicable.

(5) (5) (5) (5) In every case in which, by virtue of the provisions of the aforesaid Act or the In every case in which, by virtue of the provisions of the aforesaid Act or the In every case in which, by virtue of the provisions of the aforesaid Act or the In every case in which, by virtue of the provisions of the aforesaid Act or the Rules, the, Purchaser is obliged to pay any aRules, the, Purchaser is obliged to pay any aRules, the, Purchaser is obliged to pay any aRules, the, Purchaser is obliged to pay any amount of wages to a workman mount of wages to a workman mount of wages to a workman mount of wages to a workman employed by the Contractor or his Subemployed by the Contractor or his Subemployed by the Contractor or his Subemployed by the Contractor or his Sub----Contractor in execution of the contract or Contractor in execution of the contract or Contractor in execution of the contract or Contractor in execution of the contract or to incur any expenditure in providing welfare and health amenities required to be to incur any expenditure in providing welfare and health amenities required to be to incur any expenditure in providing welfare and health amenities required to be to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any exprovided under the aforesaid Act and the Rules or to incur any exprovided under the aforesaid Act and the Rules or to incur any exprovided under the aforesaid Act and the Rules or to incur any expenditure on penditure on penditure on penditure on account of the contingent liability of the Purchaser due to the Contractor's failure account of the contingent liability of the Purchaser due to the Contractor's failure account of the contingent liability of the Purchaser due to the Contractor's failure account of the contingent liability of the Purchaser due to the Contractor's failure to fulfil his statutory obligations under the aforesaid Act or the Rules the to fulfil his statutory obligations under the aforesaid Act or the Rules the to fulfil his statutory obligations under the aforesaid Act or the Rules the to fulfil his statutory obligations under the aforesaid Act or the Rules the Purchaser will recover from the Contractor, the amount of wages so paid or the Purchaser will recover from the Contractor, the amount of wages so paid or the Purchaser will recover from the Contractor, the amount of wages so paid or the Purchaser will recover from the Contractor, the amount of wages so paid or the amamamamount of expenditure so incurred, and without prejudice to the rights of the ount of expenditure so incurred, and without prejudice to the rights of the ount of expenditure so incurred, and without prejudice to the rights of the ount of expenditure so incurred, and without prejudice to the rights of the Purchaser under Section 20, SubPurchaser under Section 20, SubPurchaser under Section 20, SubPurchaser under Section 20, Sub----section (2) and Section 21, Subsection (2) and Section 21, Subsection (2) and Section 21, Subsection (2) and Section 21, Sub----section (4) of section (4) of section (4) of section (4) of the aforesaid Act, the Purchaser shall be at liberty to recover such amount or the aforesaid Act, the Purchaser shall be at liberty to recover such amount or the aforesaid Act, the Purchaser shall be at liberty to recover such amount or the aforesaid Act, the Purchaser shall be at liberty to recover such amount or part thereof by deductpart thereof by deductpart thereof by deductpart thereof by deducting it from the security deposit and/or from any sum due by ing it from the security deposit and/or from any sum due by ing it from the security deposit and/or from any sum due by ing it from the security deposit and/or from any sum due by the Purchaser to the Contractor whether under the contract or otherwise.the Purchaser to the Contractor whether under the contract or otherwise.the Purchaser to the Contractor whether under the contract or otherwise.the Purchaser to the Contractor whether under the contract or otherwise. The The The The Purchaser shall not be bound to contest any claim made against it under SubPurchaser shall not be bound to contest any claim made against it under SubPurchaser shall not be bound to contest any claim made against it under SubPurchaser shall not be bound to contest any claim made against it under Sub----section (i) of Section 20 and Subsection (i) of Section 20 and Subsection (i) of Section 20 and Subsection (i) of Section 20 and Sub----section section section section (4) of Section 21 of the aforesaid Act (4) of Section 21 of the aforesaid Act (4) of Section 21 of the aforesaid Act (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the except on the written request of the Contractor and upon his giving to the except on the written request of the Contractor and upon his giving to the except on the written request of the Contractor and upon his giving to the Purchaser fun security for all costs for which the Purchaser might become liable Purchaser fun security for all costs for which the Purchaser might become liable Purchaser fun security for all costs for which the Purchaser might become liable Purchaser fun security for all costs for which the Purchaser might become liable in contesting such claim.in contesting such claim.in contesting such claim.in contesting such claim. The decision of the Purchaser rega The decision of the Purchaser rega The decision of the Purchaser rega The decision of the Purchaser regarding the amount rding the amount rding the amount rding the amount

actually recoverable from the Contractor as stated above, shall be final and actually recoverable from the Contractor as stated above, shall be final and actually recoverable from the Contractor as stated above, shall be final and actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor. binding on the Contractor. binding on the Contractor. binding on the Contractor.

2800.2800.2800.2800. Headings.Headings.Headings.Headings.

The headings of conditions here to shall not affect the construction thereof. The headings of conditions here to shall not affect the construction thereof. The headings of conditions here to shall not affect the construction thereof. The headings of conditions here to shall not affect the construction thereof.

2900. 2900. 2900. 2900. Arbitration.Arbitration.Arbitration.Arbitration.

(a)(a)(a)(a) In the event In the event In the event In the event of any question, dispute or difference arising under these of any question, dispute or difference arising under these of any question, dispute or difference arising under these of any question, dispute or difference arising under these conditions or any special conditions of contract, or in connection with this conditions or any special conditions of contract, or in connection with this conditions or any special conditions of contract, or in connection with this conditions or any special conditions of contract, or in connection with this contract (except as to any matters the decision of which is specially provided for contract (except as to any matters the decision of which is specially provided for contract (except as to any matters the decision of which is specially provided for contract (except as to any matters the decision of which is specially provided for by these or the special conditions) by these or the special conditions) by these or the special conditions) by these or the special conditions) the same shall be referred to the sole the same shall be referred to the sole the same shall be referred to the sole the same shall be referred to the sole arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the General Manager in the case of contracts entered into by the Zonal Railways and General Manager in the case of contracts entered into by the Zonal Railways and General Manager in the case of contracts entered into by the Zonal Railways and General Manager in the case of contracts entered into by the Zonal Railways and Production Units; by any Member of the Railway Board, inProduction Units; by any Member of the Railway Board, inProduction Units; by any Member of the Railway Board, inProduction Units; by any Member of the Railway Board, in the case of contracts the case of contracts the case of contracts the case of contracts entered into by the Railway Board and by the Head of the Organisation in entered into by the Railway Board and by the Head of the Organisation in entered into by the Railway Board and by the Head of the Organisation in entered into by the Railway Board and by the Head of the Organisation in respect of contracts entered into by the other Organisations under the Ministry of respect of contracts entered into by the other Organisations under the Ministry of respect of contracts entered into by the other Organisations under the Ministry of respect of contracts entered into by the other Organisations under the Ministry of Railways. The Gazetted Railway Officer to be appointed as arbitrator however Railways. The Gazetted Railway Officer to be appointed as arbitrator however Railways. The Gazetted Railway Officer to be appointed as arbitrator however Railways. The Gazetted Railway Officer to be appointed as arbitrator however will not be one of those who had an opportunity to deal with the matters to which will not be one of those who had an opportunity to deal with the matters to which will not be one of those who had an opportunity to deal with the matters to which will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of their duties as railway servant have the contract relates or who in the course of their duties as railway servant have the contract relates or who in the course of their duties as railway servant have the contract relates or who in the course of their duties as railway servant have expressed views on all or any of the matters under dispute or difference.expressed views on all or any of the matters under dispute or difference.expressed views on all or any of the matters under dispute or difference.expressed views on all or any of the matters under dispute or difference. The The The The award of the award of the award of the award of the arbitrator shall be final and binding on the parties to this contract. arbitrator shall be final and binding on the parties to this contract. arbitrator shall be final and binding on the parties to this contract. arbitrator shall be final and binding on the parties to this contract.

(b)(b)(b)(b) In the event of the arbitrator dying, neglecting or refusing to act or resigning In the event of the arbitrator dying, neglecting or refusing to act or resigning In the event of the arbitrator dying, neglecting or refusing to act or resigning In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason, or his award being set aside by the court or being unable to act for any reason, or his award being set aside by the court or being unable to act for any reason, or his award being set aside by the court or being unable to act for any reason, or his award being set aside by the court for any reason, itfor any reason, itfor any reason, itfor any reason, it shall be lawful for the authority appointing the arbitrator to shall be lawful for the authority appointing the arbitrator to shall be lawful for the authority appointing the arbitrator to shall be lawful for the authority appointing the arbitrator to appoint another arbitrator in place of the outgoing arbitrator in the manner appoint another arbitrator in place of the outgoing arbitrator in the manner appoint another arbitrator in place of the outgoing arbitrator in the manner appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid. aforesaid. aforesaid. aforesaid.

(c)(c)(c)(c) It is further a term of this contract that no person other than the person It is further a term of this contract that no person other than the person It is further a term of this contract that no person other than the person It is further a term of this contract that no person other than the person appointed by the authoriappointed by the authoriappointed by the authoriappointed by the authority as aforesaid should act as arbitrator and that if for any ty as aforesaid should act as arbitrator and that if for any ty as aforesaid should act as arbitrator and that if for any ty as aforesaid should act as arbitrator and that if for any reason that is not possible, the matter is not to be referred to 'arbitration at all. reason that is not possible, the matter is not to be referred to 'arbitration at all. reason that is not possible, the matter is not to be referred to 'arbitration at all. reason that is not possible, the matter is not to be referred to 'arbitration at all.

(d)(d)(d)(d) The arbitrator may from time The arbitrator may from time The arbitrator may from time The arbitrator may from time----totototo----time with the consent of all the parties to the time with the consent of all the parties to the time with the consent of all the parties to the time with the consent of all the parties to the contract enlarge the timcontract enlarge the timcontract enlarge the timcontract enlarge the time for making the award. e for making the award. e for making the award. e for making the award.

(e)(e)(e)(e) Upon every and any such reference, the assessment of the cost incidental to Upon every and any such reference, the assessment of the cost incidental to Upon every and any such reference, the assessment of the cost incidental to Upon every and any such reference, the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator. the reference and award respectively shall be in the discretion of the arbitrator. the reference and award respectively shall be in the discretion of the arbitrator. the reference and award respectively shall be in the discretion of the arbitrator.

(f) (f) (f) (f) Subject as aforesaid, the Arbitration Act, 1940 and the rules tSubject as aforesaid, the Arbitration Act, 1940 and the rules tSubject as aforesaid, the Arbitration Act, 1940 and the rules tSubject as aforesaid, the Arbitration Act, 1940 and the rules thereunder and hereunder and hereunder and hereunder and any statutory modifications thereof for the time being in force shall be deemed to any statutory modifications thereof for the time being in force shall be deemed to any statutory modifications thereof for the time being in force shall be deemed to any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause. apply to the arbitration proceedings under this clause. apply to the arbitration proceedings under this clause. apply to the arbitration proceedings under this clause.

(g)(g)(g)(g) The venue of arbitration shall be the place from which the acceptance note is The venue of arbitration shall be the place from which the acceptance note is The venue of arbitration shall be the place from which the acceptance note is The venue of arbitration shall be the place from which the acceptance note is issued or such otherissued or such otherissued or such otherissued or such other place as the arbitrator at his discretion may determine. place as the arbitrator at his discretion may determine. place as the arbitrator at his discretion may determine. place as the arbitrator at his discretion may determine.

(h)(h)(h)(h) In this clause the authority, to appoint the arbitrator includes, if there be no In this clause the authority, to appoint the arbitrator includes, if there be no In this clause the authority, to appoint the arbitrator includes, if there be no In this clause the authority, to appoint the arbitrator includes, if there be no such authority, the officer who is for the time being discharging the functions of such authority, the officer who is for the time being discharging the functions of such authority, the officer who is for the time being discharging the functions of such authority, the officer who is for the time being discharging the functions of that authority, whether in adthat authority, whether in adthat authority, whether in adthat authority, whether in addition to other functions or otherwise. dition to other functions or otherwise. dition to other functions or otherwise. dition to other functions or otherwise.

3000.3000.3000.3000. Fall Clause.Fall Clause.Fall Clause.Fall Clause.

All contract if and when placed will be subject to following fall clause All contract if and when placed will be subject to following fall clause All contract if and when placed will be subject to following fall clause All contract if and when placed will be subject to following fall clause

3001.3001.3001.3001. The price charged for the stores supplied under the Contract by the The price charged for the stores supplied under the Contract by the The price charged for the stores supplied under the Contract by the The price charged for the stores supplied under the Contract by the contractor shall in no event exceed the lowestcontractor shall in no event exceed the lowestcontractor shall in no event exceed the lowestcontractor shall in no event exceed the lowest price at which the contractor sells price at which the contractor sells price at which the contractor sells price at which the contractor sells the stores or offer to sell stores of identical description.the stores or offer to sell stores of identical description.the stores or offer to sell stores of identical description.the stores or offer to sell stores of identical description. To any personnel To any personnel To any personnel To any personnel organisations including the purchaser or any Department of the Central organisations including the purchaser or any Department of the Central organisations including the purchaser or any Department of the Central organisations including the purchaser or any Department of the Central Government or any Railway Office or any Railway Undertaking, as the cGovernment or any Railway Office or any Railway Undertaking, as the cGovernment or any Railway Office or any Railway Undertaking, as the cGovernment or any Railway Office or any Railway Undertaking, as the case, may ase, may ase, may ase, may be during the period till performance of all Supply Orders placed during the be during the period till performance of all Supply Orders placed during the be during the period till performance of all Supply Orders placed during the be during the period till performance of all Supply Orders placed during the currency of the contract is completed.currency of the contract is completed.currency of the contract is completed.currency of the contract is completed. The lower price will be applicable to The lower price will be applicable to The lower price will be applicable to The lower price will be applicable to

supplies made after the date of coming into force of such reduction or sale or supplies made after the date of coming into force of such reduction or sale or supplies made after the date of coming into force of such reduction or sale or supplies made after the date of coming into force of such reduction or sale or offer to selloffer to selloffer to selloffer to sell at a reduced rate. at a reduced rate. at a reduced rate. at a reduced rate.

3002.3002.3002.3002. If at any time, during the said period the contractor reduces the sale price, If at any time, during the said period the contractor reduces the sale price, If at any time, during the said period the contractor reduces the sale price, If at any time, during the said period the contractor reduces the sale price, sells or offer to sell such stores to any persons organisation including the sells or offer to sell such stores to any persons organisation including the sells or offer to sell such stores to any persons organisation including the sells or offer to sell such stores to any persons organisation including the purchaser or any Department of Central Government or any Railway Office opurchaser or any Department of Central Government or any Railway Office opurchaser or any Department of Central Government or any Railway Office opurchaser or any Department of Central Government or any Railway Office or r r r any Railway Undertaking as the case may be at a price lower than the price any Railway Undertaking as the case may be at a price lower than the price any Railway Undertaking as the case may be at a price lower than the price any Railway Undertaking as the case may be at a price lower than the price chargeable under the contract, he shall forthwith notify such reduction or sale or chargeable under the contract, he shall forthwith notify such reduction or sale or chargeable under the contract, he shall forthwith notify such reduction or sale or chargeable under the contract, he shall forthwith notify such reduction or sale or offer of sale to the Purchaser and the price payable under the contract for the offer of sale to the Purchaser and the price payable under the contract for the offer of sale to the Purchaser and the price payable under the contract for the offer of sale to the Purchaser and the price payable under the contract for the stores supplied stores supplied stores supplied stores supplied after the date of coming into force or such reduction or sale or after the date of coming into force or such reduction or sale or after the date of coming into force or such reduction or sale or after the date of coming into force or such reduction or sale or offer of sale shall stand correspondingly reduced. offer of sale shall stand correspondingly reduced. offer of sale shall stand correspondingly reduced. offer of sale shall stand correspondingly reduced.

The above stipulation will, however, not apply to The above stipulation will, however, not apply to The above stipulation will, however, not apply to The above stipulation will, however, not apply to

(a)(a)(a)(a) Exports by the Contractor Exports by the Contractor Exports by the Contractor Exports by the Contractor

(b)(b)(b)(b) Sale of goods as original equipment at prices lower t Sale of goods as original equipment at prices lower t Sale of goods as original equipment at prices lower t Sale of goods as original equipment at prices lower than the prices charged han the prices charged han the prices charged han the prices charged for normal replacement. for normal replacement. for normal replacement. for normal replacement.

(c)(c)(c)(c) Sale of goods such as drugs which have expiry dates. Sale of goods such as drugs which have expiry dates. Sale of goods such as drugs which have expiry dates. Sale of goods such as drugs which have expiry dates.

3003.3003.3003.3003. The Contractor shall fumish the following certificate to the concerned The Contractor shall fumish the following certificate to the concerned The Contractor shall fumish the following certificate to the concerned The Contractor shall fumish the following certificate to the concerned Accounts Officer along with each bill for payment of supplies made agaAccounts Officer along with each bill for payment of supplies made agaAccounts Officer along with each bill for payment of supplies made agaAccounts Officer along with each bill for payment of supplies made against the inst the inst the inst the Rate Contract. Rate Contract. Rate Contract. Rate Contract.

* I/We certify that there has been no reduction in sale price of the stores of * I/We certify that there has been no reduction in sale price of the stores of * I/We certify that there has been no reduction in sale price of the stores of * I/We certify that there has been no reduction in sale price of the stores of description identical to the stores supplied to the Government under the contract description identical to the stores supplied to the Government under the contract description identical to the stores supplied to the Government under the contract description identical to the stores supplied to the Government under the contract herein and such stores have not been offered sold by me/us to any herein and such stores have not been offered sold by me/us to any herein and such stores have not been offered sold by me/us to any herein and such stores have not been offered sold by me/us to any persperspersperson/organisation including the purchaser or any Department of Central on/organisation including the purchaser or any Department of Central on/organisation including the purchaser or any Department of Central on/organisation including the purchaser or any Department of Central Government or any Railway Office or any Railway Undertaking as the case may Government or any Railway Office or any Railway Undertaking as the case may Government or any Railway Office or any Railway Undertaking as the case may Government or any Railway Office or any Railway Undertaking as the case may be upto the date of bill/ the date of completion of supplies against all supply be upto the date of bill/ the date of completion of supplies against all supply be upto the date of bill/ the date of completion of supplies against all supply be upto the date of bill/ the date of completion of supplies against all supply orders placed during the currenorders placed during the currenorders placed during the currenorders placed during the currency of the contract at a price lower than the price cy of the contract at a price lower than the price cy of the contract at a price lower than the price cy of the contract at a price lower than the price charged to the Government under the contract except for quantity of stores charged to the Government under the contract except for quantity of stores charged to the Government under the contract except for quantity of stores charged to the Government under the contract except for quantity of stores

categories under sub clauses (a), (b) and (c) of subcategories under sub clauses (a), (b) and (c) of subcategories under sub clauses (a), (b) and (c) of subcategories under sub clauses (a), (b) and (c) of sub----para (ii) above, details of para (ii) above, details of para (ii) above, details of para (ii) above, details of which are as follows which are as follows which are as follows which are as follows

Note.Note.Note.Note.----The contractor will aThe contractor will aThe contractor will aThe contractor will also inform the FA& CA0 concerned and the COS as lso inform the FA& CA0 concerned and the COS as lso inform the FA& CA0 concerned and the COS as lso inform the FA& CA0 concerned and the COS as soon as supplies against all supply order placed against the contract are soon as supplies against all supply order placed against the contract are soon as supplies against all supply order placed against the contract are soon as supplies against all supply order placed against the contract are completed. completed. completed. completed.

INSPECTION & REJECTIONINSPECTION & REJECTIONINSPECTION & REJECTIONINSPECTION & REJECTION

3100.3100.3100.3100. Where under a contract the price payable is fixed on F.O.R. station of Where under a contract the price payable is fixed on F.O.R. station of Where under a contract the price payable is fixed on F.O.R. station of Where under a contract the price payable is fixed on F.O.R. station of despatch basis, tdespatch basis, tdespatch basis, tdespatch basis, the Contractor shall, if the consignee rejects the stores at he Contractor shall, if the consignee rejects the stores at he Contractor shall, if the consignee rejects the stores at he Contractor shall, if the consignee rejects the stores at destination be liable in addition to his other liabilities, to reimburse to the destination be liable in addition to his other liabilities, to reimburse to the destination be liable in addition to his other liabilities, to reimburse to the destination be liable in addition to his other liabilities, to reimburse to the Purchaser the freight paid by the Purchaser. Purchaser the freight paid by the Purchaser. Purchaser the freight paid by the Purchaser. Purchaser the freight paid by the Purchaser.

3101.3101.3101.3101. Notification of Result of lnspectionNotification of Result of lnspectionNotification of Result of lnspectionNotification of Result of lnspection....----Unless otherwise providedUnless otherwise providedUnless otherwise providedUnless otherwise provided in the in the in the in the specification of schedule, the examination of the stores will be made as soon as specification of schedule, the examination of the stores will be made as soon as specification of schedule, the examination of the stores will be made as soon as specification of schedule, the examination of the stores will be made as soon as practicable after the same have been submitted for inspection and the result of practicable after the same have been submitted for inspection and the result of practicable after the same have been submitted for inspection and the result of practicable after the same have been submitted for inspection and the result of the examination will be notified to the Contractor. the examination will be notified to the Contractor. the examination will be notified to the Contractor. the examination will be notified to the Contractor.

3102.3102.3102.3102. Inspection NotesInspection NotesInspection NotesInspection Notes....--------On the sOn the sOn the sOn the stores being found acceptable by the inspecting tores being found acceptable by the inspecting tores being found acceptable by the inspecting tores being found acceptable by the inspecting Officer he shall furnish the Contractor with necessary copies of Inspection Notes Officer he shall furnish the Contractor with necessary copies of Inspection Notes Officer he shall furnish the Contractor with necessary copies of Inspection Notes Officer he shall furnish the Contractor with necessary copies of Inspection Notes duly completed, for being attached to the Contractor's bill in support thereof. duly completed, for being attached to the Contractor's bill in support thereof. duly completed, for being attached to the Contractor's bill in support thereof. duly completed, for being attached to the Contractor's bill in support thereof.

3200.3200.3200.3200. Warranty/GuaranteeWarranty/GuaranteeWarranty/GuaranteeWarranty/Guarantee----

3201.3201.3201.3201. The Contrac The Contrac The Contrac The Contractor/Seller hereby covenants that it is a condition of the tor/Seller hereby covenants that it is a condition of the tor/Seller hereby covenants that it is a condition of the tor/Seller hereby covenants that it is a condition of the contract that all goods/stores/articles furnished to the Purchaser under this contract that all goods/stores/articles furnished to the Purchaser under this contract that all goods/stores/articles furnished to the Purchaser under this contract that all goods/stores/articles furnished to the Purchaser under this contract shall be of the highest grade. free of all defects and faults and of the contract shall be of the highest grade. free of all defects and faults and of the contract shall be of the highest grade. free of all defects and faults and of the contract shall be of the highest grade. free of all defects and faults and of the best materials, quality, manufacture abest materials, quality, manufacture abest materials, quality, manufacture abest materials, quality, manufacture and workmanship throughout and consistent nd workmanship throughout and consistent nd workmanship throughout and consistent nd workmanship throughout and consistent with the established and generally accepted standards for materials of the type with the established and generally accepted standards for materials of the type with the established and generally accepted standards for materials of the type with the established and generally accepted standards for materials of the type ordered and in full conformity with the contract specification, drawing or sample, ordered and in full conformity with the contract specification, drawing or sample, ordered and in full conformity with the contract specification, drawing or sample, ordered and in full conformity with the contract specification, drawing or sample, if any and shall, if operable, operate properly. if any and shall, if operable, operate properly. if any and shall, if operable, operate properly. if any and shall, if operable, operate properly.

3232323202.02.02.02. The Contractor also guarantees that the said goods/stores/articles would The Contractor also guarantees that the said goods/stores/articles would The Contractor also guarantees that the said goods/stores/articles would The Contractor also guarantees that the said goods/stores/articles would continue to conform to the description and quality as aforesaid, for a period of 30 continue to conform to the description and quality as aforesaid, for a period of 30 continue to conform to the description and quality as aforesaid, for a period of 30 continue to conform to the description and quality as aforesaid, for a period of 30 months after their delivery or 24 months from the date of placement in service months after their delivery or 24 months from the date of placement in service months after their delivery or 24 months from the date of placement in service months after their delivery or 24 months from the date of placement in service whichever shallwhichever shallwhichever shallwhichever shall be sooner, and this warranty shall survive notwithstanding the be sooner, and this warranty shall survive notwithstanding the be sooner, and this warranty shall survive notwithstanding the be sooner, and this warranty shall survive notwithstanding the fact that the goods/stores/articles may have been inspected, accepted and fact that the goods/stores/articles may have been inspected, accepted and fact that the goods/stores/articles may have been inspected, accepted and fact that the goods/stores/articles may have been inspected, accepted and payment therefor made by the Purchaser. payment therefor made by the Purchaser. payment therefor made by the Purchaser. payment therefor made by the Purchaser.

3203.3203.3203.3203. If during the aforesaid period, the said goods/stores/articles be disc If during the aforesaid period, the said goods/stores/articles be disc If during the aforesaid period, the said goods/stores/articles be disc If during the aforesaid period, the said goods/stores/articles be discovered overed overed overed not to conform to the description and quality aforesaid or have deteriorated, not to conform to the description and quality aforesaid or have deteriorated, not to conform to the description and quality aforesaid or have deteriorated, not to conform to the description and quality aforesaid or have deteriorated, otherwise that by fair wear and tear the decision of the Purchaser in that behalf otherwise that by fair wear and tear the decision of the Purchaser in that behalf otherwise that by fair wear and tear the decision of the Purchaser in that behalf otherwise that by fair wear and tear the decision of the Purchaser in that behalf being final and conclusive that the Purchaser will be entitled to reject the said being final and conclusive that the Purchaser will be entitled to reject the said being final and conclusive that the Purchaser will be entitled to reject the said being final and conclusive that the Purchaser will be entitled to reject the said goods/sgoods/sgoods/sgoods/stores/articles or such portions thereof as may be discovered not to tores/articles or such portions thereof as may be discovered not to tores/articles or such portions thereof as may be discovered not to tores/articles or such portions thereof as may be discovered not to conform to the said description and quality.conform to the said description and quality.conform to the said description and quality.conform to the said description and quality. On such rejection, the On such rejection, the On such rejection, the On such rejection, the goods/stores/articles will be at the Seller's risk. goods/stores/articles will be at the Seller's risk. goods/stores/articles will be at the Seller's risk. goods/stores/articles will be at the Seller's risk.

If the Contractor/Seller so desires, the rejected goods may be takIf the Contractor/Seller so desires, the rejected goods may be takIf the Contractor/Seller so desires, the rejected goods may be takIf the Contractor/Seller so desires, the rejected goods may be taken over by him en over by him en over by him en over by him or his agents for disposal such manner as he may deem fit within a period of 3 or his agents for disposal such manner as he may deem fit within a period of 3 or his agents for disposal such manner as he may deem fit within a period of 3 or his agents for disposal such manner as he may deem fit within a period of 3 months from the date of such rejection.months from the date of such rejection.months from the date of such rejection.months from the date of such rejection. At the expiry of the period, no claim At the expiry of the period, no claim At the expiry of the period, no claim At the expiry of the period, no claim whatsoever shall lie against the Purchaser in respect of the said whatsoever shall lie against the Purchaser in respect of the said whatsoever shall lie against the Purchaser in respect of the said whatsoever shall lie against the Purchaser in respect of the said goods/stores/artigoods/stores/artigoods/stores/artigoods/stores/articles, which may be disposed of by the Purchaser in such cles, which may be disposed of by the Purchaser in such cles, which may be disposed of by the Purchaser in such cles, which may be disposed of by the Purchaser in such manner as he thinks fit.manner as he thinks fit.manner as he thinks fit.manner as he thinks fit. Without prejudice to the generality of the foregoing, all Without prejudice to the generality of the foregoing, all Without prejudice to the generality of the foregoing, all Without prejudice to the generality of the foregoing, all the provisions in the Indian Railways Standard Conditions of Contract relating to the provisions in the Indian Railways Standard Conditions of Contract relating to the provisions in the Indian Railways Standard Conditions of Contract relating to the provisions in the Indian Railways Standard Conditions of Contract relating to the ‘rejection of stores' and ‘faithe ‘rejection of stores' and ‘faithe ‘rejection of stores' and ‘faithe ‘rejection of stores' and ‘failure' and 'termination' add and Clause 3100lure' and 'termination' add and Clause 3100lure' and 'termination' add and Clause 3100lure' and 'termination' add and Clause 3100----02 02 02 02 above shall apply. above shall apply. above shall apply. above shall apply.

3204.3204.3204.3204. The Contractor/Seller shall, if required, replace the goods or such portion The Contractor/Seller shall, if required, replace the goods or such portion The Contractor/Seller shall, if required, replace the goods or such portion The Contractor/Seller shall, if required, replace the goods or such portion there of as have been rejected by the Purchaser, free of cost, at the ultimate there of as have been rejected by the Purchaser, free of cost, at the ultimate there of as have been rejected by the Purchaser, free of cost, at the ultimate there of as have been rejected by the Purchaser, free of cost, at the ultimate destination, or at the optidestination, or at the optidestination, or at the optidestination, or at the option of the Purchaser, the Contractor/Seller shall pay to on of the Purchaser, the Contractor/Seller shall pay to on of the Purchaser, the Contractor/Seller shall pay to on of the Purchaser, the Contractor/Seller shall pay to the Purchaser, the value thereof at the contract price and such other expenditure the Purchaser, the value thereof at the contract price and such other expenditure the Purchaser, the value thereof at the contract price and such other expenditure the Purchaser, the value thereof at the contract price and such other expenditure and damage as may arise by reason of the breach of the conditions herein and damage as may arise by reason of the breach of the conditions herein and damage as may arise by reason of the breach of the conditions herein and damage as may arise by reason of the breach of the conditions herein

before specified.before specified.before specified.before specified. Nothing herein contained s Nothing herein contained s Nothing herein contained s Nothing herein contained shall prejudice any other right of the hall prejudice any other right of the hall prejudice any other right of the hall prejudice any other right of the Purchaser in that behalf under this contract or Purchaser in that behalf under this contract or Purchaser in that behalf under this contract or Purchaser in that behalf under this contract or ----otherwise. otherwise. otherwise. otherwise.

3300.3300.3300.3300. Book Examination ClauseBook Examination ClauseBook Examination ClauseBook Examination Clause----The Government reserves the right forThe Government reserves the right forThe Government reserves the right forThe Government reserves the right for 'Book 'Book 'Book 'Book Examination' Examination' Examination' Examination' as follows: as follows: as follows: as follows: ----

(i) (i) (i) (i) The Contractor shall whenever called upon and requThe Contractor shall whenever called upon and requThe Contractor shall whenever called upon and requThe Contractor shall whenever called upon and requiring to produce or cause iring to produce or cause iring to produce or cause iring to produce or cause to be produced for examination by any Government Officer duly authorised in to be produced for examination by any Government Officer duly authorised in to be produced for examination by any Government Officer duly authorised in to be produced for examination by any Government Officer duly authorised in that behalf, any cost or other account book of account, voucher, receipt, letter, that behalf, any cost or other account book of account, voucher, receipt, letter, that behalf, any cost or other account book of account, voucher, receipt, letter, that behalf, any cost or other account book of account, voucher, receipt, letter, memorandum, paper or writing or any copy of or extract from any such docmemorandum, paper or writing or any copy of or extract from any such docmemorandum, paper or writing or any copy of or extract from any such docmemorandum, paper or writing or any copy of or extract from any such document ument ument ument and also furnish information any way relating to such transaction and procedure and also furnish information any way relating to such transaction and procedure and also furnish information any way relating to such transaction and procedure and also furnish information any way relating to such transaction and procedure before the duly authorised Government Officer returns verified in such manner as before the duly authorised Government Officer returns verified in such manner as before the duly authorised Government Officer returns verified in such manner as before the duly authorised Government Officer returns verified in such manner as may be required relating in any way to the execution of this contract or relevant may be required relating in any way to the execution of this contract or relevant may be required relating in any way to the execution of this contract or relevant may be required relating in any way to the execution of this contract or relevant for verfor verfor verfor verifying or ascertaining the cost of execution of this contract (the decision of ifying or ascertaining the cost of execution of this contract (the decision of ifying or ascertaining the cost of execution of this contract (the decision of ifying or ascertaining the cost of execution of this contract (the decision of such Government Officer on the question of relevancy of any document, such Government Officer on the question of relevancy of any document, such Government Officer on the question of relevancy of any document, such Government Officer on the question of relevancy of any document, information of return being final and binding on the parties). information of return being final and binding on the parties). information of return being final and binding on the parties). information of return being final and binding on the parties).

The obligation imposed by this clause is wiThe obligation imposed by this clause is wiThe obligation imposed by this clause is wiThe obligation imposed by this clause is without prejudice to the obligation of the thout prejudice to the obligation of the thout prejudice to the obligation of the thout prejudice to the obligation of the contractor under any statute, rules or orders shall be binding on the Contractor. contractor under any statute, rules or orders shall be binding on the Contractor. contractor under any statute, rules or orders shall be binding on the Contractor. contractor under any statute, rules or orders shall be binding on the Contractor.

(ii)(ii)(ii)(ii) The Contractor shall, if the authorised Government Officer so requires The Contractor shall, if the authorised Government Officer so requires The Contractor shall, if the authorised Government Officer so requires The Contractor shall, if the authorised Government Officer so requires (whether before or after the prices have been finally fi(whether before or after the prices have been finally fi(whether before or after the prices have been finally fi(whether before or after the prices have been finally fixed), afford facilities to the xed), afford facilities to the xed), afford facilities to the xed), afford facilities to the Government Officer concerned to visit the Contractors works for the purpose of Government Officer concerned to visit the Contractors works for the purpose of Government Officer concerned to visit the Contractors works for the purpose of Government Officer concerned to visit the Contractors works for the purpose of examining the processes of manufacture and estimating or ascertaining the cost examining the processes of manufacture and estimating or ascertaining the cost examining the processes of manufacture and estimating or ascertaining the cost examining the processes of manufacture and estimating or ascertaining the cost of production of the articles.of production of the articles.of production of the articles.of production of the articles. If any portion of the work be entru If any portion of the work be entru If any portion of the work be entru If any portion of the work be entrusted or carried out sted or carried out sted or carried out sted or carried out by a subby a subby a subby a sub----contractor or any of its subsidiary or allied firm or company, the contractor or any of its subsidiary or allied firm or company, the contractor or any of its subsidiary or allied firm or company, the contractor or any of its subsidiary or allied firm or company, the authorised Government Officer shall have power to examine all the relevant authorised Government Officer shall have power to examine all the relevant authorised Government Officer shall have power to examine all the relevant authorised Government Officer shall have power to examine all the relevant books of such subbooks of such subbooks of such subbooks of such sub----contractor or any subsidiary or allied firm or company shall be contractor or any subsidiary or allied firm or company shall be contractor or any subsidiary or allied firm or company shall be contractor or any subsidiary or allied firm or company shall be opeopeopeopen to his inspection as mentioned in clause (i). n to his inspection as mentioned in clause (i). n to his inspection as mentioned in clause (i). n to his inspection as mentioned in clause (i).

(iii) (iii) (iii) (iii) If on such examination, it is established that the contracted price is in excess If on such examination, it is established that the contracted price is in excess If on such examination, it is established that the contracted price is in excess If on such examination, it is established that the contracted price is in excess of the actual cost plus reasonable margin of profit, the Purchaser shall have the of the actual cost plus reasonable margin of profit, the Purchaser shall have the of the actual cost plus reasonable margin of profit, the Purchaser shall have the of the actual cost plus reasonable margin of profit, the Purchaser shall have the right to reduce the price and determinright to reduce the price and determinright to reduce the price and determinright to reduce the price and determine the amount to a reasonable level. e the amount to a reasonable level. e the amount to a reasonable level. e the amount to a reasonable level.

(iv) (iv) (iv) (iv) Where a contract provides for book examination clause, the Contractor or its Where a contract provides for book examination clause, the Contractor or its Where a contract provides for book examination clause, the Contractor or its Where a contract provides for book examination clause, the Contractor or its agency is bound to allow examination of its books within a period of 60 days from agency is bound to allow examination of its books within a period of 60 days from agency is bound to allow examination of its books within a period of 60 days from agency is bound to allow examination of its books within a period of 60 days from the date the notice is received by the Contractor, or ithe date the notice is received by the Contractor, or ithe date the notice is received by the Contractor, or ithe date the notice is received by the Contractor, or its agencies calling for the ts agencies calling for the ts agencies calling for the ts agencies calling for the production of documents as under clause (i) above.production of documents as under clause (i) above.production of documents as under clause (i) above.production of documents as under clause (i) above. In the event of Contractor's In the event of Contractor's In the event of Contractor's In the event of Contractor's or his agency's failure to do so, the contract price would be reduced and or his agency's failure to do so, the contract price would be reduced and or his agency's failure to do so, the contract price would be reduced and or his agency's failure to do so, the contract price would be reduced and determined according to the best judgement of the Purchaser which would bdetermined according to the best judgement of the Purchaser which would bdetermined according to the best judgement of the Purchaser which would bdetermined according to the best judgement of the Purchaser which would be e e e final and binding on the Contractor and his agencies. final and binding on the Contractor and his agencies. final and binding on the Contractor and his agencies. final and binding on the Contractor and his agencies.

3400.3400.3400.3400. Inspection at the Fag End of the Delivery Period Inspection at the Fag End of the Delivery Period Inspection at the Fag End of the Delivery Period Inspection at the Fag End of the Delivery Period----In cases where only a In cases where only a In cases where only a In cases where only a portion of the stores ordered is tendered for inspection at the Fag end of the portion of the stores ordered is tendered for inspection at the Fag end of the portion of the stores ordered is tendered for inspection at the Fag end of the portion of the stores ordered is tendered for inspection at the Fag end of the delivery period and also in cases where indelivery period and also in cases where indelivery period and also in cases where indelivery period and also in cases where inspection is not completed in respect of spection is not completed in respect of spection is not completed in respect of spection is not completed in respect of the portion of the stores tendered for inspection during the delivery period, the the portion of the stores tendered for inspection during the delivery period, the the portion of the stores tendered for inspection during the delivery period, the the portion of the stores tendered for inspection during the delivery period, the Purchaser reserves the right to cancel the balance quantity not tendered for Purchaser reserves the right to cancel the balance quantity not tendered for Purchaser reserves the right to cancel the balance quantity not tendered for Purchaser reserves the right to cancel the balance quantity not tendered for inspection within the delivery period fixed in the contrainspection within the delivery period fixed in the contrainspection within the delivery period fixed in the contrainspection within the delivery period fixed in the contractor the risk and expense ctor the risk and expense ctor the risk and expense ctor the risk and expense of the Contractor without any further reference to him.of the Contractor without any further reference to him.of the Contractor without any further reference to him.of the Contractor without any further reference to him. If the stores tendered for If the stores tendered for If the stores tendered for If the stores tendered for inspection during or at the fag end of the delivery period are not found inspection during or at the fag end of the delivery period are not found inspection during or at the fag end of the delivery period are not found inspection during or at the fag end of the delivery period are not found acceptable after carrying out the inspection, the purchaser is entitled tacceptable after carrying out the inspection, the purchaser is entitled tacceptable after carrying out the inspection, the purchaser is entitled tacceptable after carrying out the inspection, the purchaser is entitled to cancel o cancel o cancel o cancel the contract in respect of the same at the risk and expense of the contractor. If, the contract in respect of the same at the risk and expense of the contractor. If, the contract in respect of the same at the risk and expense of the contractor. If, the contract in respect of the same at the risk and expense of the contractor. If, however, the stores tendered for inspection are found acceptable, the Purchaser however, the stores tendered for inspection are found acceptable, the Purchaser however, the stores tendered for inspection are found acceptable, the Purchaser however, the stores tendered for inspection are found acceptable, the Purchaser may grant an extension of the delivery period subject to the following conditions: may grant an extension of the delivery period subject to the following conditions: may grant an extension of the delivery period subject to the following conditions: may grant an extension of the delivery period subject to the following conditions: ----

(a) (a) (a) (a) The Purchaser has the right to recover from the contractor under the The Purchaser has the right to recover from the contractor under the The Purchaser has the right to recover from the contractor under the The Purchaser has the right to recover from the contractor under the provision of clause 0702 (a) of I.R.S. Conditions of Contract liquidated damages provision of clause 0702 (a) of I.R.S. Conditions of Contract liquidated damages provision of clause 0702 (a) of I.R.S. Conditions of Contract liquidated damages provision of clause 0702 (a) of I.R.S. Conditions of Contract liquidated damages on the stores which the Contractor has failed to deliver within the period fixed for on the stores which the Contractor has failed to deliver within the period fixed for on the stores which the Contractor has failed to deliver within the period fixed for on the stores which the Contractor has failed to deliver within the period fixed for delivery. delivery. delivery. delivery.

((((b)b)b)b) That no increase in price on account of any statutory increase in or fresh That no increase in price on account of any statutory increase in or fresh That no increase in price on account of any statutory increase in or fresh That no increase in price on account of any statutory increase in or fresh imposition of Customs Duty, Excise Duty, Sales Tax on account of Foreign imposition of Customs Duty, Excise Duty, Sales Tax on account of Foreign imposition of Customs Duty, Excise Duty, Sales Tax on account of Foreign imposition of Customs Duty, Excise Duty, Sales Tax on account of Foreign Exchange variation or on account of any other tax or duty liveable in respect of Exchange variation or on account of any other tax or duty liveable in respect of Exchange variation or on account of any other tax or duty liveable in respect of Exchange variation or on account of any other tax or duty liveable in respect of stores specified in the stores specified in the stores specified in the stores specified in the contract which takes place after the date of the delivery contract which takes place after the date of the delivery contract which takes place after the date of the delivery contract which takes place after the date of the delivery period stipulated in the contract shall be admissible on such of the said stores as period stipulated in the contract shall be admissible on such of the said stores as period stipulated in the contract shall be admissible on such of the said stores as period stipulated in the contract shall be admissible on such of the said stores as are delivered after the date of the delivery stipulated in the contract. are delivered after the date of the delivery stipulated in the contract. are delivered after the date of the delivery stipulated in the contract. are delivered after the date of the delivery stipulated in the contract.

(C)(C)(C)(C) That not with standing any stipulati That not with standing any stipulati That not with standing any stipulati That not with standing any stipulation in the contract for increase in price on on in the contract for increase in price on on in the contract for increase in price on on in the contract for increase in price on any other ground no such increase which takes place after the date of the any other ground no such increase which takes place after the date of the any other ground no such increase which takes place after the date of the any other ground no such increase which takes place after the date of the delivery stipulated in the contract shall be admissible on such of the said stores delivery stipulated in the contract shall be admissible on such of the said stores delivery stipulated in the contract shall be admissible on such of the said stores delivery stipulated in the contract shall be admissible on such of the said stores as are delivered after the expiry of the delivery perioas are delivered after the expiry of the delivery perioas are delivered after the expiry of the delivery perioas are delivered after the expiry of the delivery period stipulated in the contract. d stipulated in the contract. d stipulated in the contract. d stipulated in the contract.

(d) (d) (d) (d) But nevertheless, the Purchaser shall be entitled to the benefit fit of any But nevertheless, the Purchaser shall be entitled to the benefit fit of any But nevertheless, the Purchaser shall be entitled to the benefit fit of any But nevertheless, the Purchaser shall be entitled to the benefit fit of any decrease in price on account of reduction in or remission of Custom Duty, Sales decrease in price on account of reduction in or remission of Custom Duty, Sales decrease in price on account of reduction in or remission of Custom Duty, Sales decrease in price on account of reduction in or remission of Custom Duty, Sales Tax or on account of Foreign Exchange variation or on account of Tax or on account of Foreign Exchange variation or on account of Tax or on account of Foreign Exchange variation or on account of Tax or on account of Foreign Exchange variation or on account of any other Tax any other Tax any other Tax any other Tax or Duty or on other ground as stipulated in the price variation, clause which takes or Duty or on other ground as stipulated in the price variation, clause which takes or Duty or on other ground as stipulated in the price variation, clause which takes or Duty or on other ground as stipulated in the price variation, clause which takes place after the expiry of the date of delivery period stipulated in the contract. place after the expiry of the date of delivery period stipulated in the contract. place after the expiry of the date of delivery period stipulated in the contract. place after the expiry of the date of delivery period stipulated in the contract.

3401.3401.3401.3401. The Contractor shall not despatch the Stores till such time as an The Contractor shall not despatch the Stores till such time as an The Contractor shall not despatch the Stores till such time as an The Contractor shall not despatch the Stores till such time as an exexexextension in terms of para 3400 (a) to (d) above is granted by the Purchaser and tension in terms of para 3400 (a) to (d) above is granted by the Purchaser and tension in terms of para 3400 (a) to (d) above is granted by the Purchaser and tension in terms of para 3400 (a) to (d) above is granted by the Purchaser and accepted by the Contractor.accepted by the Contractor.accepted by the Contractor.accepted by the Contractor. If the stores are despatched by the Contractor If the stores are despatched by the Contractor If the stores are despatched by the Contractor If the stores are despatched by the Contractor before an extension letter as aforesaid is issued by the Purchaser and the same before an extension letter as aforesaid is issued by the Purchaser and the same before an extension letter as aforesaid is issued by the Purchaser and the same before an extension letter as aforesaid is issued by the Purchaser and the same are accepted by the Care accepted by the Care accepted by the Care accepted by the Consignee, the acceptance of the stores shall be deemed to onsignee, the acceptance of the stores shall be deemed to onsignee, the acceptance of the stores shall be deemed to onsignee, the acceptance of the stores shall be deemed to be subject to the conditions (a) to (d) mentioned in the paragraph 3400 above. be subject to the conditions (a) to (d) mentioned in the paragraph 3400 above. be subject to the conditions (a) to (d) mentioned in the paragraph 3400 above. be subject to the conditions (a) to (d) mentioned in the paragraph 3400 above.

3402.3402.3402.3402. In case where the entire quantity has not been tendered for inspection In case where the entire quantity has not been tendered for inspection In case where the entire quantity has not been tendered for inspection In case where the entire quantity has not been tendered for inspection with in the delivery period stipulated iwith in the delivery period stipulated iwith in the delivery period stipulated iwith in the delivery period stipulated in the contract and the Purchaser chooses n the contract and the Purchaser chooses n the contract and the Purchaser chooses n the contract and the Purchaser chooses to grant an extension of the delivery period the same would be subject to to grant an extension of the delivery period the same would be subject to to grant an extension of the delivery period the same would be subject to to grant an extension of the delivery period the same would be subject to conditions (a) to (d) mentioned in the paragraph 3400 above. conditions (a) to (d) mentioned in the paragraph 3400 above. conditions (a) to (d) mentioned in the paragraph 3400 above. conditions (a) to (d) mentioned in the paragraph 3400 above.

3500.3500.3500.3500. These (special) conditions wherever they differ from the Invitation to These (special) conditions wherever they differ from the Invitation to These (special) conditions wherever they differ from the Invitation to These (special) conditions wherever they differ from the Invitation to TTTTender and Instruction to Tenderers over ride the latter. ender and Instruction to Tenderers over ride the latter. ender and Instruction to Tenderers over ride the latter. ender and Instruction to Tenderers over ride the latter.

(ADDITIONAL) SPECIAL CONDITIONS (ADDITIONAL) SPECIAL CONDITIONS (ADDITIONAL) SPECIAL CONDITIONS (ADDITIONAL) SPECIAL CONDITIONS

(Vide Para 417(Vide Para 417(Vide Para 417(Vide Para 417----S)S)S)S)

In addition to Standard Conditions of Contract, the following In addition to Standard Conditions of Contract, the following In addition to Standard Conditions of Contract, the following In addition to Standard Conditions of Contract, the following special conditions special conditions special conditions special conditions shall apply to (Running) Contract: shall apply to (Running) Contract: shall apply to (Running) Contract: shall apply to (Running) Contract: ----

3600.3600.3600.3600. Purpose of Contract and Parties to the Contract.Purpose of Contract and Parties to the Contract.Purpose of Contract and Parties to the Contract.Purpose of Contract and Parties to the Contract.

3601.3601.3601.3601. The parties to the contract, which shall be deemed to be a The parties to the contract, which shall be deemed to be a The parties to the contract, which shall be deemed to be a The parties to the contract, which shall be deemed to be a "Running "Running "Running "Running Contract"Contract"Contract"Contract" and which is intended for the supply of the stores of the and which is intended for the supply of the stores of the and which is intended for the supply of the stores of the and which is intended for the supply of the stores of the descriptions descriptions descriptions descriptions and approximately in the quantities set forth in the contract during the period and approximately in the quantities set forth in the contract during the period and approximately in the quantities set forth in the contract during the period and approximately in the quantities set forth in the contract during the period specified therein, shall be the Contractor of the one part and the authorities specified therein, shall be the Contractor of the one part and the authorities specified therein, shall be the Contractor of the one part and the authorities specified therein, shall be the Contractor of the one part and the authorities named in the contract hereinafter called the Purchaser (which expression shall, named in the contract hereinafter called the Purchaser (which expression shall, named in the contract hereinafter called the Purchaser (which expression shall, named in the contract hereinafter called the Purchaser (which expression shall, whewhewhewhere the context so admits or implies, be deemed to include his successors and re the context so admits or implies, be deemed to include his successors and re the context so admits or implies, be deemed to include his successors and re the context so admits or implies, be deemed to include his successors and assigns) of the other part.assigns) of the other part.assigns) of the other part.assigns) of the other part. The quantities shown in the said Contract, are only The quantities shown in the said Contract, are only The quantities shown in the said Contract, are only The quantities shown in the said Contract, are only approximate, and cannot be guaranteed. approximate, and cannot be guaranteed. approximate, and cannot be guaranteed. approximate, and cannot be guaranteed.

3602.3602.3602.3602. The Purchaser may authorise any officer (who shall The Purchaser may authorise any officer (who shall The Purchaser may authorise any officer (who shall The Purchaser may authorise any officer (who shall hereinafter be called hereinafter be called hereinafter be called hereinafter be called Direct Demanding Officer) at any time during the period of the contract, to place Direct Demanding Officer) at any time during the period of the contract, to place Direct Demanding Officer) at any time during the period of the contract, to place Direct Demanding Officer) at any time during the period of the contract, to place orders direct on the Contractor. orders direct on the Contractor. orders direct on the Contractor. orders direct on the Contractor.

3603.3603.3603.3603. Any variation of this contract shall not be binding on the Purchaser unless Any variation of this contract shall not be binding on the Purchaser unless Any variation of this contract shall not be binding on the Purchaser unless Any variation of this contract shall not be binding on the Purchaser unless or until same is endorsed on the coor until same is endorsed on the coor until same is endorsed on the coor until same is endorsed on the contract or incorporated in a formal instrument ntract or incorporated in a formal instrument ntract or incorporated in a formal instrument ntract or incorporated in a formal instrument in exchange of letters and signed by the parties. in exchange of letters and signed by the parties. in exchange of letters and signed by the parties. in exchange of letters and signed by the parties.

3700.3700.3700.3700. Delivery. Delivery. Delivery. Delivery.

3701.3701.3701.3701. The Contractor shall as may be required by the Purchaser either deliver The Contractor shall as may be required by the Purchaser either deliver The Contractor shall as may be required by the Purchaser either deliver The Contractor shall as may be required by the Purchaser either deliver free or f.o.r or c.i.f. at the place or places specified in thfree or f.o.r or c.i.f. at the place or places specified in thfree or f.o.r or c.i.f. at the place or places specified in thfree or f.o.r or c.i.f. at the place or places specified in the contract such quantifies e contract such quantifies e contract such quantifies e contract such quantifies of the stores detailed in the said contract as may be ordered direct from the of the stores detailed in the said contract as may be ordered direct from the of the stores detailed in the said contract as may be ordered direct from the of the stores detailed in the said contract as may be ordered direct from the Contractor from timeContractor from timeContractor from timeContractor from time----totototo----time by the Purchaser or by the Direct Demanding time by the Purchaser or by the Direct Demanding time by the Purchaser or by the Direct Demanding time by the Purchaser or by the Direct Demanding Officer.Officer.Officer.Officer. The Contractor shall deliver or despatch the full quantity of the st The Contractor shall deliver or despatch the full quantity of the st The Contractor shall deliver or despatch the full quantity of the st The Contractor shall deliver or despatch the full quantity of the stores so ores so ores so ores so ordered with in the period specified in the said contract. ordered with in the period specified in the said contract. ordered with in the period specified in the said contract. ordered with in the period specified in the said contract.

3800.3800.3800.3800. Increase or Decrease of Quantities. Increase or Decrease of Quantities. Increase or Decrease of Quantities. Increase or Decrease of Quantities.

The Purchaser shall be entitled at any time to increase or decrease the The Purchaser shall be entitled at any time to increase or decrease the The Purchaser shall be entitled at any time to increase or decrease the The Purchaser shall be entitled at any time to increase or decrease the approximate total quantities of each description of stores shown in the approximate total quantities of each description of stores shown in the approximate total quantities of each description of stores shown in the approximate total quantities of each description of stores shown in the said said said said contract by not more than 30 per cent and will give reasonable notice in writing of contract by not more than 30 per cent and will give reasonable notice in writing of contract by not more than 30 per cent and will give reasonable notice in writing of contract by not more than 30 per cent and will give reasonable notice in writing of any such increase or decrease to the Contractor. any such increase or decrease to the Contractor. any such increase or decrease to the Contractor. any such increase or decrease to the Contractor.

3900.3900.3900.3900. Maintenance and Replacement of Stocks. Maintenance and Replacement of Stocks. Maintenance and Replacement of Stocks. Maintenance and Replacement of Stocks.

3901.3901.3901.3901. To meet casual demands, the Contractor shall maintain at all ti To meet casual demands, the Contractor shall maintain at all ti To meet casual demands, the Contractor shall maintain at all ti To meet casual demands, the Contractor shall maintain at all time in stock me in stock me in stock me in stock (until 75 per cent of the requirements have been drawn), at the place (s) (until 75 per cent of the requirements have been drawn), at the place (s) (until 75 per cent of the requirements have been drawn), at the place (s) (until 75 per cent of the requirements have been drawn), at the place (s) specified in the contract, the quantity /quantities mentioned therein.specified in the contract, the quantity /quantities mentioned therein.specified in the contract, the quantity /quantities mentioned therein.specified in the contract, the quantity /quantities mentioned therein. All demands All demands All demands All demands should be complied with immediately they are received by the Contractor or should be complied with immediately they are received by the Contractor or should be complied with immediately they are received by the Contractor or should be complied with immediately they are received by the Contractor or within the within the within the within the period, if any, stipulated in individual orders.period, if any, stipulated in individual orders.period, if any, stipulated in individual orders.period, if any, stipulated in individual orders. As soon as the As soon as the As soon as the As soon as the Contractor is called upon to effect supplies, he shall take action to replenish the Contractor is called upon to effect supplies, he shall take action to replenish the Contractor is called upon to effect supplies, he shall take action to replenish the Contractor is called upon to effect supplies, he shall take action to replenish the guaranteed stocks until such time as 75 percent of the total approximate guaranteed stocks until such time as 75 percent of the total approximate guaranteed stocks until such time as 75 percent of the total approximate guaranteed stocks until such time as 75 percent of the total approximate requirement has been drawn and sucrequirement has been drawn and sucrequirement has been drawn and sucrequirement has been drawn and such replenishment shall be completed with h replenishment shall be completed with h replenishment shall be completed with h replenishment shall be completed with the period specified in the contract, after the receipt by the Contractor of casual the period specified in the contract, after the receipt by the Contractor of casual the period specified in the contract, after the receipt by the Contractor of casual the period specified in the contract, after the receipt by the Contractor of casual demands.demands.demands.demands. Due notice will be given to the Contractor by the Direct Demanding Due notice will be given to the Contractor by the Direct Demanding Due notice will be given to the Contractor by the Direct Demanding Due notice will be given to the Contractor by the Direct Demanding Officers or by the Purchaser, if any additional quantitOfficers or by the Purchaser, if any additional quantitOfficers or by the Purchaser, if any additional quantitOfficers or by the Purchaser, if any additional quantities over and above 75 per ies over and above 75 per ies over and above 75 per ies over and above 75 per cent of the total approximate requirements are required and Contractor shall then cent of the total approximate requirements are required and Contractor shall then cent of the total approximate requirements are required and Contractor shall then cent of the total approximate requirements are required and Contractor shall then arrange stocks accordingly. arrange stocks accordingly. arrange stocks accordingly. arrange stocks accordingly.

3902.3902.3902.3902. The period for replenishment of stocks will be allowed only if the material The period for replenishment of stocks will be allowed only if the material The period for replenishment of stocks will be allowed only if the material The period for replenishment of stocks will be allowed only if the material is not in stock.is not in stock.is not in stock.is not in stock. If the material is If the material is If the material is If the material is in stock, this Provision will be in operative even in stock, this Provision will be in operative even in stock, this Provision will be in operative even in stock, this Provision will be in operative even

tough the guaranteed stock quantity may have been supplied against the tough the guaranteed stock quantity may have been supplied against the tough the guaranteed stock quantity may have been supplied against the tough the guaranteed stock quantity may have been supplied against the contract. contract. contract. contract.

4000.4000.4000.4000. Reporting Progress of Contract.Reporting Progress of Contract.Reporting Progress of Contract.Reporting Progress of Contract.

The Contractor shall, three calendar months before the termination of the contractThe Contractor shall, three calendar months before the termination of the contractThe Contractor shall, three calendar months before the termination of the contractThe Contractor shall, three calendar months before the termination of the contract or at such intervals as may be specified in the contract, submit a report to the or at such intervals as may be specified in the contract, submit a report to the or at such intervals as may be specified in the contract, submit a report to the or at such intervals as may be specified in the contract, submit a report to the Purchaser stating the total quantity of stores delivered or despatched under the Purchaser stating the total quantity of stores delivered or despatched under the Purchaser stating the total quantity of stores delivered or despatched under the Purchaser stating the total quantity of stores delivered or despatched under the contract. contract. contract. contract.

4100. Special conditions where they differ from Standard Conditions override the latter.