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.