Diccionario del ETD

1. Sealed tenders in duplicate and on the following terms & conditions on 'as is where is basis' are hereby invited for to sale of material appended in schedule II.

2. The successful tenderer shall be required to lift the entire quantity of material in the No. of lots & time as stipulated in Section II.

3. Value of each lot of material shall be deposited by the successful tenderer before the lot actually lifted.

4. The aforesaid amount shall be deposited either in case or by bank draft to the Accounts Officer (Banking) H.P. State Electricity Board, Kumar house, Shimla-4. The receipt of the said amount would be present to the officer in-charge of the stores for delivering material to the successful tenderer.

5. The address stated in the tender shall be deemed as the tenderer's business address. All correspondence dispatched to said address shall be deemed to have been delivered to the tenderer.

6. The tenderer must lift the contract material from the site within the stipulated period, should he fail to comply by this stipulation, a ground rent at 2% of the value of the stores remaining unremoved for over a week or part thereof shall be levied, ground rent shall have to be paid in cash before actual removal of materials.

The contract material, if not lifted even after the expiry of 10 days of the stipulated period would be deemed as abandoned and the earnest money, security deposit and other sums paid for shall be forfeited without reference to the successful tenderer. It shall then be lawful for the Board to dispose of the said contract material on such terms and conditions as it may deem fit and recover loss, if any, from the defaulting tenderer.

7. The tenderer shall deposit earnest money amounting to 1% of tendered amount in cash or Bank Draft in the Name of Accounts Officer (Banking), HPSEB, Shimla-4. Tenders not accompanied by the earnest money will not be considered.

Cheques will not be accepted.

8. The persons authorised by the contractor to take delivery etc. must carry with them a Power of Attorney from the successful tenderer.

9. The material is being sold "As is where is basis" packing, choosing or sorting will be allowed in the Board's Premises.

10. State/Local Central Taxes and Excise or other duty, if any will be payable by the successful tenderer.

11. The successful tenderer shall remove the contract material immediately after weighment, failing which the Board will not be responsible for loss, destruction, damage deterioration of the material by any cause whatsoever.

12. The quantities shown in the clause No. 1 are approximate. The Tenderer may, therefore, note that in case the quantity/quantities on actual weighment is/are found to

be excess/short of these/that shown in clause (I) they will have to remove the entire lot/lots on payment of the cost of their accepted offer. If however, the actual stock is less than the quantity/quantities shown in the clause No. 1 the undertaking will not be bound to make good the shortages but the tenderer will be refunded the cost of quantity/quantities, undelivered short. No interest will be allowed on the cost of the short delivered quantity/quantities.

13. Should the successful tenderer make slow progress with the contract or if for any reason whatsoever, the Board considers that the successful tenderer is unable to faithfully and timely execute the contract within the stipulated time, it would be lawful for the Chief Purchase Officer, HPSEB Shimla-4 to cancel the whole contract or a portion, thereof, as may not have been executed and the successful tenderers security deposit may be forfeited. In addition, it shall further be lawful for the Board to claim damages under the law of contract HPSEB, Shimla-4 to cancel the whole contract or a portion.

14. The earnest money of the successful tenderer will be adjusted towards the security deposit. The earnest money of other tenders will however be returned on request, the security deposit, which shall be deemed as a guarantee for the true and faithful execution of the contract, will only be refunded after the due execution of the contract.

15. The undersigned reserves the right to accept or reject any tender without assigning any reason.

16. All question, disputes and/or differences arising under or in connection with this tender or in any way touching or relating to or concerning the construction, meaning or effect of those presents (except as to matters decision' where of is otherwise here in before expressly provided for) shall be referred to the sole arbitration of the Member (Finance) of the Board for the time being or, in case his designation is changed or his office is abolished to the Board for the time being or, in case his designation is changed or his office is abolished to the sole arbitration of the Officer who for the time being is entrusted whether or not in addition to other functions with the functions of the Finance Member of the Board, by whatever designation such office may be called (herein after referred to as the said Officer) and if the Finance Member, for the time being of the Board or the said Officer is unable or unwilling to act, to the sole arbitration of some other person appointed by be Finance Member or said officer, willing to act as such arbitrator. It will be no objection to any such appointment that he had to deal with the matters to which this agreement relates and that in the course of his duties as such he has expressed view on all or any of the matters in dispute or difference. The award of the arbitrator so appointed shall be final and binding on the parties hereto.

17. A tender, if it contained any over-writing or cutting or alternations which are left unsigned by the tenderer may not be accepted.

18. No tenderer can withdraw his tender after it has been opened. 19. A tender in the name of a minor will not be accepted.

Conditions given above are accepted.

... Chief Purchase Officer, H.P. State Elect. Board, ... Shimla-171004 (Signature of the Tenderer)

ANNEXURE-XVII

SECTION - II

HIMACHAL PRADESH STATE ELECTRICITY BOARD

Tender No. ... Date of Opening ... I/We hereby quote for the purchases of ... as below :-

Sr. No. Description Qty. Rate/Kg./No.

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

(i) I/We have studied the, "General conditions of Sales" and agree to the conditions given therein. The acceptance of the above conditions are attached with this tender.

(ii) I/We have attached herewith the receipt No. ... dated ... from the Accounts Officer (Banking).

(iii) I/We have attached a Bank Draft No. ... Dt. ... in the name of Accounts Officer (Banking) H.P. State Electricity Board, Kumar House, Shimla-4 (H.P.) Payable at State bank of India, Shimla.

Note :- Strike out Clause II or III

which ever is not applicable. Signature and Address of the Tenderer.

Amendments issued vide C.P.O. O/o No. HPSEB CPO-M 32/83-31258-433 dated 17-11-84

HIMACHAL PRADESH STATE ELECTRICITY BOARD