0% found this document useful (0 votes)
17 views16 pages

Assam Electricity Contract Agreement

Uploaded by

Sandip Das
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
17 views16 pages

Assam Electricity Contract Agreement

Uploaded by

Sandip Das
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

*@7'frr7-,ffi,

-r.,, oF'-{4:iW
OO1 O.O I -tOOr OOt
IOO1 00 @O1 @(
;{)o1 00 1 001 c
i88+ 88I FFr-rd

ASSAM 26097 9
*ti
an
Contract Agreement
e (Supply, lnstallation and Other Services Contract)
E
-q

Contract Agreement No: AEGCUMD/BCU/PSDF-01O/CON/PACKAGE-D_ll/Quantity Variation (Supply,


lnstallation and Other Seruices Contract)

Lo I ref : AEGC L/M D/Tech-9 1 7/C RP I 2021 I 1 5 Dated 24.09 .2021

THISAGREEMENTmadetne tJs oayot L'J4 {utL


-,
BETWEEN

Assam Electricity Grid Corporation Limited (herein after referred fo as Purchaser or AEGCL), a
corporation incorporated under the laws of Company Act, 1956 and having its registered office at First Floor,
Bijulee Bhawan, Paltanbazar, Guwahati-781 001, Assam

AND
E
ti
SIEMENS LIMITED, a firm/company incorporated under the laws of Comapany Act, 1956 and having its
tx
a principal place of business at 43, Shanti Palli, Rashbihari, Bypass Connector, Kolkata-700042 (hereinafter
called "the contractor")
g

WHEREAS
Ea

AEGCL desires to engage the Contractor to the "Supply, lnstallation and Other Services Contract" covering
B
l! inter-alia supply and installation of all the equipment and other services for the complete execution of "Supply,
erection and commissioning of BCU and ES for four numbers of substations under AEGCL (Package.
H D_ll/ Quantity Variation)" as detailed in the Contract Document ("the Facilities"), and the Contractor has
agreed to such engagement upon and subject to the conditions hereinafter appearing.
5
I
-{rd^ A '-: {d-'/n'a) -A-"JM"^{
(3--\il't -d"h;
IE

Chief General Manager (PP&D)


F 0/o the MD, AEGCL, Bijulee Bhawan
H Paltanbazar, Guwahati-01
NOW lT lS HEREBY AGREED as follows:

Article 1 1.1 Contract Documents (Reference SCC Clause 5,2.0)


Contract Documents The following documents shall constitute the Contract between the Purchaser and
the Contractor, and each shall be read and construed as an integral part of the
Contract:

(a) This Contract Agreement and the Appendices hereto


(b) Letter of Price Bid and Price Schedules submitted by the Contractor
(c) Letter of Technical Bid and Technical Proposal submifted by the Contractor
(d) Special Conditions of Contract
(e) General Conditions of Supply and Erection
(0 Specification(Purchaser'sRequirements)
(g) Drawings(Purchaser'sRequirements)
(h) Other completed Bidding Forms submitted with the Letters of Technical
and Price Bids
(i) Guaranteed and other Technical Particulars (as submitted with the Bid)

1.2 Order of Precedence (Reference SCC Clause 5,2.0)


ln the event of any ambiguity or conflict between the Contract Documents listed
above, the order of precedence shall be the order in which the Contract
Documents are listed in Article 1,1 (Contract Documents)above,

13 Definitions (Reference SCC Clause 5.1.0)


Capitalized words and phrases used herein shall have the same meanings as are
ascribed to them in the SCC.

Article 2 2.1 Contract Price (Reference SCC Clause 5.7,0)


Contract Price and The Purchaser hereby agrees to pay to the Contractor the Contract Price in
Terms of Payment consideration of the performance by the Contractor of its obligations hereunder,
The Contract Price shall be Rs. 2,21,82,895.00 (Rupees Two Crore Twenty'One
Lakh Eighty-Two Thousand Eight Hundred [Link])only including GST as
specified in Price Schedule (Appendix - 4 Price Schedule),

The Contract Price is fixed.


Source of fund is PSDF (BCU)

2.2 Terms of Payment (Reference SCC Clause 5.8.0)


The terms and procedures of payment according to which the Purchaser will pay
the Contractor are given in the Appendix-1 (Terms and Procedures of Payment).

Article 3 3.1 Commencement Date (Reference SCC Clause 5.6.1)


Commencement Date The Commencement Date upon which the period untilthe Time for Completion of
and Completion Time the Works shall be counted from is the date when this Contract Document is

signed.

Chief General Manager (PP&D) K"d*NW


Olo the MD, AEGCL, Bijulee Bhawan
Paltanbazar, Guwahati-01
3.2 Completion Time (Reference SCC Clause 5.6,2) *'
The whole works under the scope of this Contract shall be completed by 31't May,
2023.

Article 4 Appendices 4.1 The Appendices listed in the attached List of Appendices shall be deemed to form
an integral part of this Contract Agreement.

4.2 Reference in the Contract to any Appendix shall mean the Appendices attached
hereto, and the Contract shall be read and construed accordingly'

lN WITNESS WHEREOF the Purchaser and the Contractor have caused this Agreement to be duly executed by
their duly authorized representatives the day and year first above written.

Signed by, for and on behalf of the Purchaser Signed by, for and on behalf of the Contractor

.*i,,"-.frr-..'k@''-+'- A''',.Fi,)
(,4vrrailR t'(ar<'l-A r-! ric'ti)
f*"+-W CA",-rL'V
Chief General Manager (PP&D),
AEGCL

in the piesence of in the presence of

&qi- cl"rl+"t*.b
A*t'-
General Manager (Projects, non-EAP),
AEGCL

:'.
r#ffiT::j n
":I'll,u? #:i
APPENDICES
f

Appendix 1 - Special Conditions of Contract


Appendix 2 - Completion schedule
Appendix 3 - Performance Security
Appendix 4 - Price Schedule
Appendix 5 - Guaranteed and Other Technical Particulars

-A^^,br^^/ K4t-l'-)JW
rr[:[TJi::#ff i-'{ix??}-
Appendix 1 - Special Conditions of Contract
*

5.1.0 DEFINITION OF TERMS


"Contract" means the Contract Agreement entered into between the Purchaser and the Contractor,
together with the Contract Documents referred to therein; they shall constitute the Contract, and the
term "the Contract" shall in all such documents be construed accordingly.
"Contract Documents" means the documents listed in Article 1.1 (Contract Document) of the Contract
Agreement (including any amendments thereto).
"Contract Price" means the price payable to the Contractor as specified in the Agreement, subject to
such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the
Contract.
"Day" means calendar day
"Year" means 365 days,
"Month" means calendar month.
"Party" means the "Purchase/'or the "Contractor', as the context requires.
"Purchasef'means the Assam Electricity Grid Corporation Limited (in shott AEGCL) and its assignees.
The "Contracfol' shall mean the tenderer / bidder whose tender/ bid has been accepted by the
"Purchased'and shall include the bidder's legal representatives, successors and assignees.
"Goods" means all of the commodities, raw material, machinery and equipment, and/or other materials
that the Contractor is required to supply to the Purchaser under the Contract.
"Delivery" means the transfer of the Goods from the Contractor to the Purchaser in accordance with the
terms and conditions set forth in the Contract.
"Completion" means the fulfilment of the Related Services by the Contractor in accordance with the
terms and conditions set forth in the Contract.
"Related Services" means the services incidental to the supply of the goods, such as insurance,
installation, training and initial maintenance and other similar obligations of the Contractor under the
Contract.
The "Speciflcation" shall mean the "Purchaser's Requirements', .

"Contractof' means the natural person, a company/firm, or a combination of these, whose bid to perform
the Contract has been accepted by the Purchaser and is named as such in the Agreement, and includes
the legal successors or permitted assigns of the Contractor,

5.2.0 CONTRACTDOCUMENTS
5.2.1. Subject to Article 1.2 (Order of Precedence) of the Conkact Agreement, all documents forming part of
the Conkact (and all parts thereof) are intended to be conelative, complementary and mutually
explanatory. The Contract shall be read as a whole,

5.3.0 LEGALJURISDITCTION
5.3.1. For any litigation arising out of the contract yrhich cannot be resolve through mutual agreement or
through Arbitration the honorable Guwahati High Court will have sole jurisdiction of all settlement.

5.4.0 LANGUAGE
5.4.1. The ruling language of the Contract shall be English.

5.5.0 SCOPE OF SUPPLY


5.5.1. The Goods and Related Services to be supplied shall be as specified in Schedule- 2A,
5.5.2. Unless othenrvise stipulated in expressly limited in the Purchase/s Requirements, the Scope of Supply
shall include all such items not specifically mentioned in the Contract but that can be reasonably inferred

0 lr
* ,}'Jh "' 3iY " 3 l;; ;T*?:.
3

o,.'Xl,[?;H;; A ;;ah ati-o 1


from the Contract as being required for attaining Delivery and Completion of the Goods and Related
Services as if such items were expressly mentioned in the Contract, *-

5.6.0 DELIVERYSCHEDULE
5.6.1, For the purpose of determining the completion time of the Contract, the date on which the supplier signs
the Contract Agreement, shall be taken as Commencement Date of the contract. Work shall be
executed as per work schedule given in Appendix 2 - Completion schedule.
5.6.2. The Delivery of the Goods and Completion of the Related Services shall be in accordance with the
Delivery and Completion Schedule specified in the Article 3 of the Contract Agreement (Contract Forms)
or within such extended time to which the Contractor shall be entitled under SCC Clause 5.17.0 hereof.

5.7.0 CONTRACT PRICE


5.7 .1. The Contract Price shall be as specified in Article 2 (Contract Price) of the Contract Agreement.
5.7.2. Unless an escalation clause is provided for in the Article 2 (Gontract Price), the Contract Price shall
not subject to any alteration, except in the event of a Change in the scope or changes in applicable tax
rates or as otherwise provided in the Contract.

5.8.0 TERMS AND PROCEDURES OF PAYMENT


ln accordance with the provisions of SCC Clause 5.8.0 (Terms and procedures of payment), the

Purchaser shall pay the contractor in the following manner and at the following times, on the basis of the
Price Breakdown given in the section on Price Schedules '2,2A, Appendix-4.

(A)Terms of Payment
Payment for goods Supplied and F&l

100% payment would be admissible within six (6) weeks from the date of receipt of the plants/ materials
/equipment at site in full and good condition less deduction of Retention Money (as per SCC Clause
5.10,0) and advance (if and as applicable as per SCC Clause 5.8.7)and as perterms and conditions
stipulated in the Contract Agreement.

(B)Payment Procedures
The procedures to be followed in applying for certification and making payments shall be as follows:
i. Progressive Payment for Supply of Goods:
Application for interim payment shall be made once in a calendar month subject to that the total net
amount payable under all such payment certiflcate is at least 1% or more of the total contract price.
a. EXW Price and F & !:

Upon receipt of plants and equipment at site, the Contractor shall notify the Purchaser and submit the
following documents in advance:
(i) Application for payment
(ii) Contracto/s invoice showing LOA reference, Goods description, quantity dispatched, unit
price, total amount (6 CoPies)
(iii) Packing List
(iv) Railway receipU LR
(v) Man ufactu rer's g uarantee certificate of Q ual ity
(vi) Material inspection Clearance Certificate for dispatch issued by Purchaser
(vii) lnsurance certificate.

i1

A^il"arY Kg'da' W
(viii) Physical verification certificate of material received at site by Purchaser/Purchaseds site
representative *-

(ix) E-way bill "if applicable".


The above documents shall be received by the Purchaser before arrival of the Goods and if not, the
contractors will be responsible for any consequent expenses.

b. Taxes and Duties:


Taxes & Duties in respect of transaction between Purchaser and the Supplier and other taxes such as
octroi/entry tax as applicable for destination site on all items of supply including bought-out finished
items (as identified in the Contract), which shall be dispatched directly from the sub-vendo/s works to
the Purchaser's site (sale-in-transit) will be paid after each shipment against documentary evidence.
This payment shall be released by Purchaser directly to the Supplier against invoices to be submitted by
the Supplier.

ii. Progressive Payment for Related Services (Erection, Testing and Commissioning):

The Contract price shall be paid progressively (monthly) on pro-rata basis on receipt of Payment
Application and on certification by the Purchaser/ his site representative, on quantum of work done
successfully.

5.8.1 ADVANCE PAYMENT


No advance payment is applicable for this contract'

5.9.0 PERFORMANCE SECURIW DEPOSIT


5.9.1. The contractor shall have to deposit to the extent of 10% (Ten percent) of the Contract price as
performance security (Bank Guarantee), duly pledged in favor of the Purchaser and such security
deposits shall be valid up to 30 (thirty) days beyond the warranty paiod as per SCC Clause 5'11.3.
5.9.2. lf the Contractor fails or neglects to observe, perform any of his obligations under the contract, it will be
lav,rful for the "Purchase/' to forfeit either in full or in part at his absolute discretion, the security deposit
furnished by the Contractor.
5.9,3. No interest shall be payable on such deposits.

5.10.0 RETENTION MONEY


S.10.1, ln addition to above Performance Security deposit, 10% value of each progressive billwill be retained
by the Purchaser as 'Retention Money'. The amount will be held by the Purchaser till the supply and
related services under the contract is completed and the completion certificate is issued. Retention
money would be released within 06 (six) weeks from the date of receipt of all relevant documents along
with bills at HQ, AEGCL,
5.10.2. No interest shall be payable on such deductions/retentions.

5.11.0 WARMNTY
5.1 1 .1. The Contractor/Manufacturer warrants that all the Goods are new, unused, and of the
most recent or

cunent models, and that they incorporate all recent improvements in design and materials, unless
provided otherwise in the Contract.
5.11.2. The Contractor/Manufacturer further warrants that the Goods shall be free from defects arising from any
act or omission of the Contractor or arising from design, materials, and workmanship, under
normal use

in the conditions prevailing in the country of final destination'


5.11.3. The warranty shall remain valid for thirty six (36) months after the Goods, or any portion thereof as the
case may be, have been delivered to and accepted at the final destination indicated in the Purchaser's

Chief General Manager (PP&D)


,O/o the MD, AEGCL, Bijulee Bhawan
Paltanbazar, Guwahati-01
.&u^*a*K"^'|-tu^@
Requirement, or for thiy Pfl) months after the date of successful commissioning,
whichever period

concludes earlier. f,
'
5.11.4. lf during the period Warranty any defect should be found, the Purchaser shall give Notice to the
Contractor/Manufacture stating the nature of any such defects together with all available evidence
thereof, promptly following the discovery thereof. The Purchaser shall afford all reasonable opportunity
for the Contractor/Manufacturer to inspect such defects.
period of
S.11,5. lf having been notified, the Contractor/Manufacturer fails to remedy the defect within a
15

(fifteen) days, the Purchaser may, following notice to the Contractor/Manufacturer, proceed to do such
paid to the
work, and the reasonable costs incurred by the Purchaser in connection therewith shall be
purchaser by the Contractor or may be deducted by the Purchaser from any monies due the Contractor
or claimed under the Pedormance Security.

5,12.0 COPY RIGHT ETC


5.12.1 The contractor shall indemnify the purchaser against all claims actions, suits and proceedings for the

infringement or alleged infringement of any patent, design or copyright protected either in the country
of

origin or inlndia by the use of any equipment supplied by the contractor but such indemnity shall not
be inferred from
cost any use of the equipment other than for the purposes indicated by or reasonably to
the specification.

5.13.0 QUANTITYVARIATION
,,purchaser"
5.13.1. shall have the right to increase/decrease the ordered quantity by 20% within 50 days of the
period of completion and the same shall be carried out at the same rates /prices and terms and
conditions stipulated in the contract except in regard to completion schedule, which shall be
mutually

agreed upon in case of enhancement of the ordered quantity.

5.14,0 INSPECTION AND TESTING


5.14.1. The Contractor shall at its own expense and at no cost to the Purchaser carry out all such tests
and/or

inspections of the Goods and Related Services as are specified in Sections 3, Purchaser's

Requirements.
5.14.2. The inspections and tests shallgenerally be conducted on the premises of the Contracto/Manufacture,
Subject to [Link] 5.14,3, The Contractor shall furnish, all reasonable facilities and
assistance,

including access to drawings/process chart and production data to the inspectors at no charge
to the

Purchaser.
inspections
5.14.3. The purchaser or its designated representative shall be entitled to attend the tests and/or
referred to in scc sub-clause 5.14.2, provided that the Purchaser bear all of its own
costs and
expenses incurred in connection with such attendance including, but not limited to, all traveling
and

board and lodging expenses.


shall give
5.14.4. Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor
a reasonable advance notice (not less than 21 days) of such test and/or inspection
and of the place and
party or manufacturer
time thereof to the purchaser. The Contractor shall obtain from any relevant third
representative to attend
any necessary permission or consent to enable the Purchaser or its designated
the test and/or insPection.
report of the results of any such
5.14.5. The Contractor/manufacture shall provide the Purchaser with a certified
test and/or insPection.
pass any test and/or inspection or
s.14.6. The purchaser may reject any Goods or any part thereof that fail to
replace such rejected Goods
do not conform to the specifications. The Contractor shall either rectify or
cost to the Purchaser,
or parts thereof or make alterations necessary to meet the specifications at no

Chief Genelal Manager (PP&D) Ke"4d-


O/o the t\40, AEGCL, Briulee Bhawan
Paltanbazar, Guwahati-0i
and shall repeat the test and/or inspection, at no cost to the Purchaser, upon giving a notice pursuant to
SCC Sub-Clause 5.14.4 t
'
5.14.7. lf it is agreed between the Purchaser and the Contractor that the Purchaser shall not attend the test
and/or inspection, then the Contractor may proceed with the test and/or inspection, and should provide
the Purchaser with a certified report of the results thereof.
5.14,8. The Contractor agrees that neither the execution of a test and/or inspection of the Goods or any part
thereof, nor the attendance by the Purchaser or its representative, nor the issue of any report pursuant
to SCC [Link] 5.14.5 & 5.14.7, shall release the Contractor from any warranties or other
obligations under the Contract.

5.15.0 INSURANCE
S.15.1 The "Contractor" shall, have, unless, othenrvise specified by the Purchaser, ensure the materials through
their underwrites at their cost and shall keep it insured against any loss/ damaged/ pilferage in transit,
destruction or damage by fire/ flood, without exposure to vagaries of weather or through riot, civil
commotion, war or rebellion, for the full value of the materials until the materials are received at the
purchaser's destination store.
5.15.2 The "Contractor" shall be responsible for safe arrival at destination, unloading and receipt of the

materials by the consignee. The Purchaser will discharge consignee's responsibilities only and shall not
be responsible for any damage/ loss/ pilferage/ non-delivery by the carriers.
5.15.3 ln case of any loss/ damage/ pilferage/ non-delivery/ short delivery by carriers etc.; the Contractor shall
replace free of cost missing / damaged / Iost materials within 30(thirty) days from the receipt of report
thereof from the consignee(s) without waiting for settlement of their claims with their carriers / under-
writers, Normally, such reports from the consignee(s) to the Contractor shall be initiated within a period
of 3Q(thirty) days from the date of receipt of each consignment by him lthem,
5.15.4 lf it is considered necessary that the damage equipment either in part or in full to be sent back to the
manufacturer's works for repair, the manufacturers/ Contractors will furnish the Bank Guarantee for the
full value of equipment needing repairs and such Bank Guarantee shall remain valid till such time, the
equipment are repaired and returned to the consignee in good condition. The to and fro freight, handling
and insurance charges in such cases will be borne by the Contractor.
S.15,5 Unless, otherwise mutually agreed upon, in case of failure by the Contractor to replenish /make good of
the loss /damage /short supplied quantities, within the stipulated period, the Purchaser reserves the
right to forfeit the security deposit and/ or adjust any outstanding payment to the "Contracto/' with the
Purchaser or take any other appropriate action,

5.16.0 FORCE MAJEURE


5.16.1. "Force Majeure" shall mean any event beyond the reasonable control of the Purchaser or of the
Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the
party affected, and shall include, without limitation, the following:
(a) war, hostilities or warlike operations whether a state of war be declared or not, invasion, act of
foreign enemy and civil war
(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, conspiracy, riot,
civil commotion and tenorist acts
(c) confiscation, nationalization, mobllization, commandeering or requisition by or under the order of any
government or de jure or de facto authority or ruler or any other act or failure to act of any local state
or national government authoritY
public
(d) strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means of
transportation and communication, industrial dispute, shipwreck, shortage or restriction of
power

supply, epidemics^quarantine and plague


J)
cnier {e.M'l N'ienac:r iirP&D)
Olo the MD, AEGCL' Biiuiee Bha''van
-A,w,l#'Y
W*J*)CW"$'
Paltanbazar, Guwahaii-0 1
(e) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone,
hurricane, storm, lightning, or other inclement weather condition, nuclear and qressure waves or
other natural or physical disaster
(0 shortage of labor, materials or utilities were caused by circumstances that are themselves Force
Majeure.
S.16.2. lf either party is prevented, hindered or delayed from or in performing any of its obligations under the
Contract by an event of Force Majeure, then it shall notify the other in writing of the occunence of such
event.
event and the circumstances thereof within fourteen (14) days after the occurrence of such
performance or punctual performance of
5.16.3. The party who has given such notice shall be excused from the
under the Contract for so long as the relevant event of Force Majeure continues and to
its obligations
the extent that such party's pedormance is prevented, hindered or delayed. The Time for Completion
shall be extended in accordance with SCC Clause 5.17.0.

5,17.0 EXTENSION OF TIME FOR COMPLETION


5.17 .1 . The Time(s) for Completion specified in the Article 3 of the Contract Agreement (Contract Forms) shall
be extended if the Contractor is delayed or impeded in the performance of any of its obligations
under

the Contract by reason of any of the following:


(a) any Change in the scope of works by the Purchaser; which justifies extension of completion time as
provided in SCG Clause 5.13.0; and
(b) any occurrence of Force Majeure as provided in scc clause 5.16.0,

Except where otherwise specifically provided in the Contract, the Contractor shall submit to
the
[Link].Z,
purchaser's Representative a notice of a claim for an extension of the Time for Completion, together
practicable
with particulars of the event or circumstance justifying such extension as soon as reasonably
practicable after receipt
after the commencement of such event or circumstance. As soon as reasonably
of such notice and supporting particulars of the claim, the Purchaser and the Contractor shall agree
upon the period of such extension. ln the event that the Contractor does not accept the Purchaser's
matter to a
estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the
Dispute Board, pursuant to SCC Sub-Clause 5.20.0.

5,18.0 LIQUIDATEDDAMAGE
S.1g.1. TheContractorguaranteesthatitshall attainCompletionoftheWorkswithintheTimeforCompletion
extended time
specified in the Contract Agreement pursuant to SCC Sub-Clause 5.6.2, or within such
to which the contractor shall be entitled under scc clause 5.17.0hereof .
5.1g.2. lf the Contractor fails to attain Completion of the Works within the Time for Completion or any
extension
liquidated damages at the
thereof under SCC Glause s.l|.0,the Contractor shall pay to the Purchaser
The aggregate
rate of 0.i% (half percent) of the total Contract Price perweek or part there of delay'
amount of such llquidated damages shall in no event exceed 10% (ten percent) of
the total contract

price.
from any of its
However, the payment of liquidated damages shall not in any way relieve the Contractor
the Works or from any other obligations and liabilities of the Contractor under
obligations to complete
the Contract.
price, the Purchaser may
5.1g.3. Once the aggregated "Liquidated damage" reaches 10% of the totalcontract
consider following actions:
(a) procure the undelivered material/ equipment and/or complete the balance works from elsewhere
giving notice to the Contractor and to recover any extra expenditure incurred thereby for
having to

procure these materials and works at higher price, at the risk and responsibility of the Contractor;

NW
I

{ Chief Generat lv4anager (pp&D)


O/o the MD, AECCL, Bliutee Bhawin ,A^"-t"a'v '1<""J"
Paltanbazar, Guvrahati_01
(b) Cancel the contract wholly or in part and to complete the works at the full risk and cost of the
Contractor and forfeit the security deposit.
(c) Declare it as a "Contractual Failure" and act in accordance with SCC Clause 5.19.0.

5.19.0 CONTRACTUAL FAILURE


5.19.1 . ln the event of contractual failure of any respect on the part of the Contractor, the Purchaser shall be
entitled to operate security deposit or any deposit or any payment due to Contractor inespective of
whether his default relates to the particular orders or not towards the Purchaser's claim for damages
arising out of the failure. ln addition, the Purchaser may black-list or bans the "Contractor" or pending
enquiry, suspend him or take any other steps considered suitable.

5.20.0 ARBITRATION
5.20.1. lf at any time, any question, disputes or differences whatsoever shall rise between the Purchaser and

the Contractor, upon or in relation to or in connection with the contract, either par(y may forthwith give
notice to the other in writing of the existence of such question of dispute or difference and the same
shall be referred to the adjudication of three Arbitrators, one to be nominated by the Purchaser the other
by the Contractor and the third by the President of the lnstitution of Engineers, lndia/ Retired or Sitting
Judge not below the status of a retired Judge of High Court of lndia. lf either of the parties fail to appoint
its arbitrators within 60(sixty) days after receipt of notice of the appointment of arbitrators then the
President of the lnstitution of Engineens /retired or sitting Judge of lndia, as the case may be, shall have
the power at request of either of the parties, to appoint an Arbitrator. A certified copy of the "President"
making such an appointment shall be furnished to both parties,
5.20.2. The arbitration shall be conductedas per provisions of the lndian Arbitration Act, shall be held at
Guwahati or any other place as may be decided by the Purchaser. The decision of the majority of
Arbitrators shall be final & binding upon the parties and the expenses of the arbitration shall be paid as
may be determined by the Arbitrator. However, any dispute arising out of this contract will first be
discussed and settled bilaterally between Purchaser and the Contractor.

(P-P&D)-
Chief Generai !v'lanager
o;; il; rt,lo, [Link]
[Link]
"' " Pattannazar' Gurvahati-O1

-A,vw)^^^" '@^1* NYY


Appendix 2 -Completion schedule

Sl. No. Activity Description Planned Start Planned Finish


1 Proiect Summary
2. Engineering
3 Manufacturinq and Procurement
4, Dispatches Contract Commencement
31d May,2023
5, Preparedness of erection team Date
6. Site mobilization
7. Commissioninq
8. Closure and handover

-A.u"x^* Kg-@ Ntr"f

r#ffi-,::,-x
l'.
d; ti
t, ffrJii,i
<
/f pau'd'{v 1
--!

;f

:
-'""...."
fta:l
:#
tr''i,;-,
u r,i:ei eirsta n d y'our W*l ri *,

fi^+^
3$ rtr ?ffiif, , ,',.[Link]
:,ir+;Eli i
,,;.::i-
i:itii1: :i

Form Serial No GTEE/


,i sqten? ::r. iii:;
., . riiJ, li i
I

l': r''J'

\j i al. 'lil,a, iil r'-ril.r{

rf;R ;!, 4 3, t3t. ic


ac*ncg'a*ir,rol+tlr'".t1 [ [,]B i,iil{H :r0x?_g' i1,,. e4,, Ut*SrFsdlr}
ra^irr! rr
^rr:a

i;
'';1lrL"i

Fi'Lrrr LLED , a;n:c:,lrvEd rs [Link],

, L '! ll! *;-.:: :5Jr; ll{1, S:[Link]:l; &}it HA'lE SIG:{!:i TH: SUtsJECf gUnneXteE/EXTE,'iSION
RfQlliS ?t,,,FD{atE$$-.. TS,_$t$S SN BSIISI',r.:O:F. rHE BANIT'.''
M; ,/Md
I ir':iiii;ritliiiiiii: ::i: r. , . lr l.-lj;,.
a: -;:1l* - | i --; r-i{!;;ii-_:
.,j;:i'{[Link]:.a: . ,,..,." ,..: -'
lFlA..,; *.i:l '. ,,.. -,,;; ,11::r.,1: 11..,
I'i,iJ:t ai,ii:ti, r -ri.i:' : : i i,:'[Link]

,{X,F,i:H,ilXt C*,1',:ul}I{l.|+fi1fi$ Or1.,fiHr,5 .U..,4$$I.T-,eE ji' uaSinUO,


A!{-}1,.X:'trf!;],iTi{.:i:iCi) BB;["NC:: . :, i "r,' . .'
: il i LET'iE:: F(,h)4,1 iili Tl'lTIii<AL iAS -.j-i:;:t:":
,f_ TiiE: GUARANTEET,
::_.t:

: lir:| :
-.--

(, N o

al
Jal
al
{fl el tI
ol -l
UI
=:l
el
crl
U
o
[! wl 6l <l EI
IA

<l <t ol
sl
P!
0Jt
oel
t)
() tsl ol
ool
ol

(Dl 1l ol
I :l 5l
!'-
9l
PI
DI
oal 5*l o
o
sl !)

o ol rl <t
ol (,
h E| 3l tnl
a. I
Ir, (t) (!
rrl o
d 5 o - o
t1
(!
E d
A o
ri =l
d
tn
t)
- * !)
o
t
o a o
d EE
d
C
d
TA a) o t/) () o
tt')
d C l{ \/ ; {d \/ ;
F lo o r) oq
.l t)
5 ta !)
{: rq
TJ
I

I
I
I
I u)
t.)
,,f, G
t! g
zo zo zo z 2 z sa
oI
gq N 1i-=
P lr\
ila\
,,ofi
65 (t ilL

s P{
P P
o\ o\
P
@
N
N qH liL
fl
s; ll'
ll N
+E
HI 4? lr*
-1, DD
N H N) ts
F t\)
N EBTl ,+il
E f 6',E.
F N F N (,l $i+
0q x'
(^) ul
o\
(Jl
(Jr
\o
(^)
(^J
o\
ul \o
(,l (,
(,l
-(^
o
U
15
\0
(,D
-il
.'F$r8
o=
b i. I5

,.8.
!)G
515
(1

o
c.) t1lo
rlt
a-l
t1

ro oo
o
t?s 9.8
o o (Dloo-
o ieg <s.
o o slo- o- :t! g, P8;
;. U'
ts $^

5
?8 9EE
,a)
.) (1 (1 n n !,
(-)
tp- tg HHEH o
o g o o
o o o o g E'i
o o
9- p- o- H3 H-.
Id o
Fl
(!
,'E v1
N (, N + a
N
{gr
N (j)
@ N Or ul -\o YP + r@
lJ N @ ul
N 9.=g r) to
ut lJ
o\
ql
@
F
H
s -ut
! 8Fg
vx )i
o ;t(
o
gr
ur
s F
@ @ \o
I
F
,{ r! o
o
90
o ;^ b
o b O !p .=+
-g
thl t^l thl
t-h
!rl oJl
I u1l ol a1
D D1 sl
3t 3l
(Dl
3l (D
BI
(Dl
6l
1l (D
cl a
\l-l \-l .?+
F Fl Fl F AJ Pl
-\'l
,s o
'u
o
'g
ol
- ;U .g
ol
-
"U n
,E
o
t x t gq o C
I
oa oa 0c oa oq
C) C) 9) m
-o () (.) () () :t ?t
o o o ta
o o 0 o
,a-o
q q
2.
p
1.- a. p (D
p
(D
o-
(D
o.
(D

{" -oq.
(D
t
o
p
E

o
Ft
o
o
Ft
o
F
(D
0, It
o.
,vl
{ dt
o
=.
Schedule-2- Summary (BCU)
Package- D-Il/Quantity Variation

Total [INR)
Sl No. Schedule No Title ( inclusive of F&I)

Supply, installation and other services of BCU and


1 2A L,92,75,555.00
Ethernet Switches
TOTAL 1,92,75,555.00
Total after Discount @2.47 2o/o 1,87,99,063.28
Add GST @t$o/o 33,83,831.39
Total including GST 2,2L,82,894.67
GRAND TOTAL (Rounded Off) 2.21,82,895.O0

In words: Two Crore Twenty One Lakh Eighty Two Thousand Eight Hundred Ninety Five only

*A,u^,laa.z ry4" +'*'{Yi

*!lV - rop&D)

#[isxli:i**:kr:rr',-
Appendix 5 - Guaranteed and Other Technical Particulars
i

As per approved drawings and technical documents from AEGCL.

d^Ja^- Wr^)a- }-f"-t'T

-f"

r.
-
dl
k,uiii:it:ilit':l

Common questions

Powered by AI

The Contractor is obliged to insure the materials against risks such as loss, damage, or pilferage during transit, as well as destruction by fire or flood, until they reach the Purchaser's destination. The Contractor holds responsibility for safe delivery and unloading, with Purchaser responsibilities limited to acceptance. Any loss or damage incurred must be rectified by the Contractor free of charge within 30 days from report initiation by the Purchaser. Furthermore, if damaged equipment needs return to the manufacturer for repair, the Contractor must provide a Bank Guarantee for full equipment value, valid until repairs are completed and equipment returned in good condition .

Force Majeure events, which are beyond the reasonable control of either party, can excuse a party from the performance obligations in the contract. Qualifying events include natural disasters, war, terrorist acts, government actions, strikes, and other specified conditions. Affected parties must notify the other within 14 days of such events, and will be excused from obligations as long as the Force Majeure event continues. The Time for Completion of the contract is subject to extension in line with the duration of the Force Majeure event .

The contract mandates that the Contractor indemnifies the Purchaser against all claims related to the infringement of patents, design, or copyrights in India or the country of origin of any equipment supplied. However, this indemnity is applicable only when the equipment is used for purposes indicated by the Purchaser or as reasonably inferred from the specifications .

In the event that the Goods provided by the Contractor have defects or do not conform to specifications, the Contractor is required to remedy the defects within 15 days of notification by the Purchaser. If the Contractor fails to address the issue, the Purchaser is authorized to undertake necessary actions to resolve the defects, the costs of which will be covered by the Contractor or deducted from any payments due to the Contractor .

The contract specifies that the jurisdiction for resolving legal disputes, not settled through mutual agreement or arbitration, is the Guwahati High Court, emphasizing local legal governance. Furthermore, English is the designated ruling language of the contract, ensuring clear and consistent communication between parties, particularly in legal proceedings .

'Completion' is defined as the fulfilment of the Contractor’s obligations regarding the supply of Goods and Related Services according to contractual terms. This includes ensuring all related services such as installation, training, and initial maintenance are executed in line with contract specifications. Successful completion is contingent upon meeting the agreed schedules and rectifying any identified defects during inspection .

The contract allows the Purchaser to alter the quantity of Goods within a 20% range, up or down, within 50 days of contract completion. Adjustments in quantities are to be made at the existing contract rates and terms, with mutual agreement required for any adaptations to completion schedules if quantities are increased .

Upon notification of defects, the Contractor has 15 days to remedy the issue. Failure to remedy within this timeframe allows the Purchaser to undertake necessary corrective work, with costs charged back to the Contractor or subtracted from due payments. This ensures accountability and timeliness in addressing defective Goods or services .

The Contractor is responsible for conducting all tests and inspections of Goods at no additional cost to the Purchaser, as specified in the contract. These inspections typically occur on the Contractor's premises, and the Purchaser is entitled to attend. The Contractor must give the Purchaser a minimum of 21 days' notice for the inspection and testing schedule. If the Purchaser opts not to attend, the Contractor is still required to provide a certified report of the test results to the Purchaser. If any Goods fail to pass inspections or conform to specifications, the Contractor must either rectify or replace them at no additional cost to the Purchaser .

The contract price is fixed and includes all applicable taxes and charges as specified in the Price Schedule. Price adjustments are generally not permissible after the agreement, except under specific circumstances such as authorized variations in ordered quantities, which must adhere to agreed rates and terms. Any adjustments due to scope changes must justify a formal amendment that both parties agree upon .

You might also like