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3.01 TORs FOR THE PROCUREMENT OF 100 KVA GENERATORS SETS AT RAHIM YAR KHAN INDUSTRIAL ESTATE RAHIM YAR KHAN AND BHALWAL INDUSTRIAL ESTATE BHALWAL PUNJAB INDUSTRIAL ESTATES Development and Management Company Head Office: Commercial Area (North), Sundar Industrial Estate, Sundar-Raiwind Road, Lahore. Tel: - 042-35297203-6 Fax: - 042-35297207 City Office : 27-Egerton Road,3 rd Floor Ajmal House, Adjacent Hotel Holiday Inn Lahore Tel:-042-99203661-3 Fax:- 042-99203660

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Page 1: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

3.01

TORs FOR

THE PROCUREMENT OF 100 KVA

GENERATORS SETS AT RAHIM

YAR KHAN INDUSTRIAL ESTATE

RAHIM YAR KHAN AND BHALWAL

INDUSTRIAL ESTATE BHALWAL

PUNJAB INDUSTRIAL ESTATES

Development and Management Company

Head Office:

Commercial Area (North), Sundar Industrial Estate,

Sundar-Raiwind Road, Lahore.

Tel: - 042-35297203-6 Fax: - 042-35297207

City Office:

27-Egerton Road,3rd

Floor Ajmal House, Adjacent Hotel

Holiday Inn Lahore

Tel:-042-99203661-3 Fax:- 042-99203660

Page 2: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

1 PIEDMC

Punjab Industrial Estates Development and Management Company

BACKGROUND.

The Government of Punjab has set up Punjab Industrial Estates Development and Management

Company (PIEDMC) Ltd. to achieve orderly, planned and rapid industrialization of Punjab by

developing a chain of industrial estates in a dynamic and innovative manner, this aims at

providing turnkey solutions to the problems by prospective entrepreneurs.

Page 3: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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INVITATION FOR BID

Bid Reference No.: PIE/RIE&BIE/GENSET/01

Page 4: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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i.

Brand Description:

The brands recommended for the 100KVA Diesel Generators Sets are as follows:

Generator (Latest Model)

Made and Assembled in UK/USA (in its origin)

Or Approved Equivalent

Along with ATS, AMF Module and Sound Proof Canopy

Engine

Perkins/Cummins Origin UK/USA

Or Approved Equivalent

Alternator

Leroy Somer Origin France/Newage Stamford Origin UK/

Caterpillar Origin USA

Or Approved Equivalent

Pre Delivery Inspection:

Prior to shipment, Pre delivery inspection will be carried out at supplier premises by

PIEDMC Engineer.

Scope of Work:

a) Supply, Loading and Unloading at site Rahim Yar Khan Industrial Estate

Rahim Yar Khan and Bhalwal Industrial Estate Bhalwal.

b) Installation, Connection, Load Testing and Commissioning.

c) Foundation Pad is required for the placement of Gensets with grouting and its

earthing, The earth resistance should be less than 5 ohm.

d) Connectivity of Gensets to Wapda Main Panel with armored 4C X 35 mm2 Cu

Cable and Required circuit breaker of Siemens/ABB/Terasaki(Original).

Warranties:

i. Warranty will be for one complete year from the date of commissioning.

ii. One Year Full Free Maintenance along with Parts

iii. On call Immediate service response against trouble shooting.

TERMS AND CONDITIONS

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a. Incomplete, defective bids not confirming to the TORs shall be liable to rejection,

and the bids received after due time & date shall be summarily rejected.

b. PIEDMC reserves right to cancel the process at any stage and reject any bid or

all bids, before assigning the contract.

c. Validity of bid will be 128 days after the bid submission date.

d. Bids will be evaluated on lowest rate quoted criteria and contract will be awarded

to lowest evaluated bidder.

e. In case of delay in Project completion 0.5% per day of Contact Amount may be

Charged as Liquidity Damage to Contractor and maximum up to 10 % of Contract

Amount.

f. Technical and financial evaluation will be carried out according to the produced

document and No further documents will be demanded/ accepted after

submission of proposal.

DOCUMENTS REQUIRE TO BE ATTACHED WITH TECHNICAL PROPOSAL

Following Documents are require to be attached with Technical Proposal.

1. Detail Profile of company.

2. Letter of authorization from the manufacturer/dealer in Pakistan.

3. Complete detail and specifications (broacher) of offered Product.

4. Documentary evidence of registration with FBR regarding Income & Sale Tax.

5. Undertaking regarding not be black listed from any government or semi

government Department (Provide on Legal Paper).

6. Delivery, loading/unloading, installation, Load testing and commissioning

should be completed within 03 weeks after issuance of purchase order, please

Provide agreed delivery schedule.

7. List of projects of similar nature completed in the last 5 years of same capacity

or above. No marks, if Purchase orders and Completion/Performance

certificates not attached as per Technical bid evaluation criteria.(At least 02

Projects are mandatory)

8. List of Projects of similar nature in hand of same capacity or above. No marks,

if Purchase orders not attached as per Technical bid evaluation criteria.

9. If any firm already worked with PIEDMC then performance certificate issued

by PIEDMC is mandatory to attach with Technical Proposal.

Page 6: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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DOCUMENTS TO BE ATTACHED WITH FINANCIAL PROPOSAL

Following Documents are to be attached with Financial Proposal.

1. 2% of Bid Price bid security in form of CDR/DD issued by a schedule bank in

favor of PIEDMC should be attached with financial proposal.

2. Price Schedule inclusive all Taxes, duties with G.S.T and other levies

applicable under Pakistan Law.

Price and Delivery Schedule

Description Quantity

Quoted

Price

including

all Taxes

Discount

(if any)

Final Bid

Price

Completion

Time

Supply, installation,

connecting, Load testing

and commissioning of 100KVA Diesel Generators Sets Along with Sound Proof Canopy and ATS, AMF Module complete in all respects (Assembled & Made

in UK/USA Origin) and one

year free maintenance.

02 No

Three Weeks

After

Issuance of

Purchase

Order

PAYMENT SCHEDULE:

10% advance against Bank Guarantee

80% will be made on installation, connecting, Load testing &

commissioning of Diesel Generators Sets.

10% remaining will be made after completion of warranty period (One

year).

Page 7: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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TECHNICAL BID EVALUATION CRITERIA: Following criteria shall be used for the selection of the firm:

Sr. No. Category Weight age /

Marks

1. General Experience 30

2. Personnel Capabilities 25

3. Equipment Capabilities 35

4. General Requirement 10

Total: 100

Note: Technical Qualification status shall be decided on the basis of Pass/Fail basis.The

applicant must secure at least 60% score in each category. In case of less than 60% marks in

any category will be treated as Fail.

The further detailed criteria for each category given under the each head as follows:

1. General Experience

Credit Marks for experience shall be awarded on the basis of following qualifications:

Sr. No. Description Maximum

Points

i) Projects of similar nature and complexity completed over

last 5 years.(4 Marks Against Each Project)

No marks will be awarded If Purchase Orders and

Performance Certificates not attached

(At least 02 Projects are mandatory require)

20

ii) Projects of similar nature and complexity in hand.

(2 Marks Against Each Project)

No marks will be awarded If Purchase Orders/Award

Letters not attached

10

Sub-Total: 30

Page 8: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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2. Personnel Capabilities

Credit Marks shall be awarded under this category using the following criteria:

Sr. No. Description Maximum

Points

i) Electrical Engineer, must be graduate in Electrical

engineering with minimum 10-15 years experience in relevant

field (01 No’s)

8

ii) Mechanical Engineer, must be graduate in Mechanical

engineering with minimum 10-15 years experience in relevant

field (01 No’s)

7

iii) Electrical Supervisor, DAE Electrical with minimum 10-15

years experience in relevant field . (01 No’s) 5

iv) Electrician DAE Electrical with minimum 5-10 years experience

in relevant field (01 No’s) 5

Sub-Total: 25

Note:-For Engineers and Staff, Marks will be as under;

i. Qualification – 20%

ii. Experience – 70%

iii. Association – 10%(Minimum 1 year association with this Firm)

3. Equipment Capabilities

Credit Marks shall be granted on the basis of the following criteria for various kinds of

equipment relevant for the Project:

Sr. No. Equipment Type Maximum

Marks

1. Digital Multimeter 3

2. Insulation Tester 3

3. Air Compressor 3

4. Welding Plant 4

5. Hammer Drill Machine 3

6. Electrician Tool Box 4

7. Phase Sequence Meter 3

8. High Pressure Pump for Washing Radiator 3

9. Battery Load tester 3

10. Hydrometer 3

11. Earth Resistance Tester 3

Sub-Total 35

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4. General Requirement

Credit Marks shall be granted on the basis of the following criteria for various kinds of

equipment relevant for the Project:

Sr. No. Description Maximum

Marks

i) Registration with FBR for Income & Sale Tax.(2 Marks for

Income Tax Certificate and 2 Marks for Sale tax Certificate)

4

ii) Dealer Ship/Authorized Firm Certificate 3

iii) Undertaking of Non-Blacklisting with any agency on legal Paper 3

Sub-Total 10

Page 10: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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EVALUATION/SHORTLISTING CRITERIA FOR TECHNICAL

QUALIFICATION

Following criteria (Mandatory) required for short listing of firm/company:

- Must have valid Registration by PEC in C-5 category and above with

Specialization code ME-03.

- Must be registered with FBR regarding income tax and sale tax.

- Detail of organization with office address and similar experience record.

- List of Key Personnel/Staff available along with their experience.

- List of Engineering Staff with the experience.

- Complete details of similar projects (Installation of D.G set) executed during

the last 5 years. (At least 2 No’s same nature projects Mandatory executed)

- Complete details of similar projects (Installation of D.G set) in hand.

- List of Equipment Capabilities of the firm.

- If any firm already worked with PIEDMC then performance certificate issued

by PIEDMC is to be attached with Technical Proposal.

- Certificate to the effect that the applicant is not involved in litigation with any

department nor has ever been black listed by any department on Legal

Paper of Rs.100.

Page 11: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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Table of Forms

1. Contract Agreement

Page 12: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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Contract Agreement

[The successful Bidder shall fill in this form in accordance with the instructions indicated]

THIS CONTRACT AGREEMENT is made

the [ insert: number ] day of [ insert: month ], [ insert: year ].

BETWEEN

(1) Punjab Industrial Estates Development Management Company, a [ insert description

of type of legal entity, for example, an agency of the Ministry of .... of the Government

of Pakistan, or corporation incorporated under the laws of Pakistan and having its

principal place of business at Commercial Area (North) Sundar Industrial Estate

Raiwind Road Lahore (hereinafter called “the Employer”), and

(2) [ insert name of Supplier ], a corporation incorporated under the laws of [ insert:

country of Supplier ] and having its principal place of business at [ insert: address of

Supplier ] (hereinafter called “the Supplier”).

WHEREAS the Purchaser invited bids for certain Goods and ancillary services, viz., [insert brief

description of Goods and Services] and has accepted a Bid by the Supplier for the supply of those

Goods and Services in the sum of [insert Contract Price in words and figures, expressed in the Contract

currency(ies) ] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract referred to.

2. The following documents shall constitute the Contract between the Purchaser and the Supplier,

and each shall be read and construed as an integral part of the Contract:

(a) This Contract Agreement

(b) General Conditions of Contract

(c) Technical Requirements (including Schedule of Requirements and Technical Specifications)

(d) The Supplier’s Bid and original Price Schedules

(e) The Purchaser’s Notification of Award

3. This Contract shall prevail over all other Contract documents. In the event of any discrepancy or

inconsistency within the Contract documents, then the documents shall prevail in the order

listed above.

4. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with the Purchaser to provide the Goods and

Page 13: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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Services and to remedy defects therein in conformity in all respects with the provisions of the

Contract.

5. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the

Goods and Services and the remedying of defects therein, the Contract Price or such other sum

as may become payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance

with the laws of [insert the name of the Contract governing law country] on the day, month and year

indicated above.

For and on behalf of the Purchaser

Signed: [insert signature]

in the capacity of [ insert title or other appropriate designation ]

in the presence of [insert identification of official witness]

For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the Supplier]

in the capacity of [ insert title or other appropriate designation ]

in the presence of [ insert identification of official witness]

Page 14: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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THE TECHNICAL SPECIFICATION

Page 15: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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100 KVA DIESEL GENERATORS SETS ASSEMBLED IN ITS

ORIGIN

AS PER LATEST IEC STANDARDS AND SPECIFICATIONS

HAVING THE FOLLOWING BRANDS AND RATINGS

Generator Set

Engine Perkins/Cummins/Caterpillar Origin UK/USA or Approved Equivalent

Alternator Leroy Somer/Newage Stamford/Caterpillar Origin France/UK/USA or

Approved Equivalent

Capacity 100 KVA Stand by

Voltage 415V (3-phase,4 wire)

Frequency 50 HZ stable

RPM 1500

Fuel Diesel

Fuel Tank 40-50 Liter minimum

Battery Dry battery for Self start with minimum one year replacement warranty.

ATS and AMF

With latest standard modules with multiple feature monitoring the operation and maintenance

along with manual by pass mechanism.(Swift transfer system)

Sound Proof Canopy

Minimum noise and vibration level as per latest IEC standard

Page 16: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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General Conditions of Contract

Page 17: PUNJAB INDUSTRIAL ESTATESeproc.punjab.gov.pk/BiddingDocuments/47840_Binder2.pdfThe Government of Punjab has set up Punjab Industrial Estates Development and Management Company (PIEDMC)

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Table of Contents

1. Definitions......................................................................................................................... 17

2. Contract Documents.......................................................................................................... 18

3. Corrupt and Fraudulent Practices ...................................................................................... 18

4. Interpretation ..................................................................................................................... 18

5. Joint Venture, Consortium or Association ........................................................................ 19

6. Eligibility .......................................................................................................................... 19

7. Governing Law ................................................................................................................. 19

8. Delivery............................................................................................................................. 20

9. Supplier’s Responsibilities................................................................................................ 20

10. Terms of Payment ............................................................................................................. 20

11. Taxes and Duties ............................................................................................................... 20

12. Performance Security ........................................................................................................ 20

13. Specifications and Standards ............................................................................................ 20

14. Packing and Documents .................................................................................................... 21

15. Transportation ................................................................................................................... 21

16. Inspections and Tests ........................................................................................................ 21

17. Liquidated Damages ......................................................................................................... 21

18. Warranty ........................................................................................................................... 21

19. Extensions of Time ........................................................................................................... 22

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Definitions

The following words and expressions shall have the

meanings hereby assigned to them:

“Contract” means the Agreement entered into between

the Purchaser and the Supplier, together with the

Contract Documents referred to therein, including all

attachments, appendices, schedules and all documents

incorporated by reference therein.

“Contract Documents” means the documents listed in the

Agreement, including any amendments thereto.

“Contract Price” means the price payable to the Supplier

as specified in the Agreement, subject to such additions

and adjustments thereto or deductions therefrom, as may

be made pursuant to the Contract.

“Day” means calendar day.

“Delivery” means the transfer of the Goods from the

Supplier to the Purchaser in accordance with the terms

and conditions set forth in the Contract.

“Completion” means the fulfillment of the supply of

Goods by the Supplier in accordance with the terms and

conditions set forth in the Contract.

“Eligible Countries” means the countries as per Brand

Description.

“GCC” means the General Conditions of Contract.

“Goods” means all of the commodities, raw material,

machinery and equipment, and/or other materials that the

Supplier is required to supply to the Purchaser under the

Contract.

“Purchaser’s Country” is the country specified in the

Particular Conditions of Contract (PCC).

The “Purchaser” means the Employer who is the entity

purchasing the Goods, as specified in the PCC, and

includes the legal successors or assigns of the Purchaser.

“PCC” means the Particular Conditions of Contract.

“Subcontractor” means any natural person, private or

government entity or a combination of the above, including

its legal successors or permitted assigns, to whom any part

of the Goods to be supplied is subcontracted by the Supplier.

“Supplier” means the natural person, private or government

entity, or a combination of the above, whose bid to

perform the Contract has been accepted by the Purchaser

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and is named as such in the Agreement, and includes the

legal successors or permitted assigns of the Supplier.

“The Site,” where applicable, means the place named in the PCC.

Contract

Document

Subject to the order of precedence set forth in the

Agreement,

all documents forming the Contract (and all parts thereof)

are intended to be correlative, complementary, and mutually

explanatory.

Corrupt and

Fraudulent

Practices

For the purposes of this provision, the term “Corrupt

and Fraudulent Practices” includes the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official or the supplier or contractor in the procurement process or in contract execution to the detriment of the procuring agencies; or misrepresentation of facts in order to influence a procurement process or the execution of a contract, collusive practices among bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the procuring agencies of the benefits of free and open competition and any request for, or solicitation of anything of value by any public official in the course of the exercise of his duty.

The Purchaser will reject a proposal for award if it

determines that the bidder recommended for award has,

directly or through an agent, engaged in corrupt and

fraudulent practices in competing for the Contract.

The Supplier shall permit the Purchaser to inspect the

Supplier’s accounts and records relating to the

performance of the Supplier and to have them audited by

auditors appointed by the Purchaser, if so required by the

Purchaser.

Interpretation If the context so requires it, singular means plural and

vice versa wher the context requires.

Entire Agreement

The Contract constitutes the entire agreement between

the Purchaser and the Supplier and supersedes all

communications, negotiations and agreements (whether

written or oral) of parties with respect thereto made prior

to the date of Contract.

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Amendment

No amendment or other variation of the Contract shall be

valid unless it is in writing, is dated, expressly refers to

the Contract, and is signed by a duly authorized

representative of each party thereto.

Nonwaiver

no relaxation, forbearance, delay, or indulgence by

either party in enforcing any of the terms and conditions

of the Contract or the granting of time by either party to

the other shall prejudice, affect, or restrict the rights of

that party under the Contract, neither shall any waiver by

either party of any breach of Contract operate as waiver

of any subsequent or continuing breach of Contract.

Any waiver of a party’s rights, powers, or remedies

under the Contract must be in writing, dated, and signed

by an authorized representative of the party granting

such waiver, and must specify the right and the extent to

which it is being waived.

Joint Venture,

Consortium

If the Supplier is joint venture, consortium, or

association, all of the parties shall be jointly and

severally liable to the Purchaser for the fulfillment of the

provisions of the Contract and shall designate one party

to act as a leader with authority to bind the joint venture,

consortium, or association. The composition or the

constitution of the joint venture, consortium, or

association shall not be altered without the prior

permission of the Purchaser.

Eligibility The Supplier and its Subcontractors shall have the

nationality of an Eligible Country in case of

International Competitive Bidding but only of Pakistan

in case National Competitive Bidding. A Supplier or

Subcontractor shall be deemed to have the nationality of

a country if it is a citizen or constituted or incorporated,

and operates in conformity with the provisions of the

laws of that country.

All Goods to be supplied under the Contract and

financed by the Purchaser shall have their origin in

Eligible Countries. For the purpose of this Clause, origin

means the country where the goods have been grown,

mined, cultivated, produced, manufactured, or

processed; or through manufacture, processing, or

assembly.

Governing Law The Contract shall be governed by and interpreted in

accordance with the laws of the Purchaser’s country.

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Delivery The Delivery of the Goods shall be in accordance as

specified in the “Price and Delivery Schedule”.

Supplier’s

Responsibilities

The Supplier shall supply all the Goods as mentioned in

the “Technical Specification” of Contract Document.

Terms of Payment The Contract Price shall be paid as specified in the

“Payment Schedule”.

The Supplier’s request for payment shall be made to the

Purchaser in writing, accompanied by invoices

describing, as appropriate, the Goods delivered by the

documents submitted upon fulfillment of all the

obligations stipulated in the Contract.

Payments shall be made promptly by the Purchaser, no

later than sixty (60) days after submission of an invoice

or request for payment by the Supplier, and the

Purchaser has accepted it.

Taxes and Duties For Goods supplied from outside the Purchaser’s

Country, the Supplier shall be entirely responsible for all

taxes, stamp duties, license fees, and other such levies

imposed outside the Purchaser’s Country.

For Goods supplied from within the Purchaser’s

Country, the Supplier shall be entirely responsible for all

taxes, duties, license fees, etc., incurred until delivery of

the contracted Goods to the Purchaser.

Specifications and

Standards

Technical Specifications and Drawings

The Supplier shall ensure that the Goods comply with

the technical specifications and other provisions of the

Contract.

The Supplier shall be entitled to disclaim responsibility

for any design, data, drawing, specification or other

document, or any modification thereof provided or

designed by or on behalf of the Purchaser, by giving a

notice of such disclaimer to the Purchaser.

The Goods supplied under this Contract shall conform

to the standards mentioned in the Schedules to Bid and,

when no applicable standard is mentioned, the standard

shall be equivalent or superior to the official standards

whose application is appropriate to the country of origin

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of the Goods.

Packing The Supplier shall provide such packing of the Goods as is

required to prevent their damage during shipment to their final

destination.

Transportation Specified in “the Scope of work”.

Inspections and

Tests

The Supplier shall at its own expense and at no cost to the

Purchaser carry out all such tests and /or inspections of the

Goods as are specified in “the Scope of work”.

Purchaser or its designated representative shall be entitled to

attend the tests and/or inspections provided that the Supplier

bear traveling expense of purchaser for testing and inspection.

Whenever the Supplier is ready to carry out any such test and

inspection, it shall give a reasonable advance notice, including

the place and time, to the Purchaser. The Supplier shall obtain

from any relevant third party or manufacturer any necessary

permission or consent to enable the Purchaser or its designated

representative to attend the test and/or inspection.

The Supplier shall provide the Purchaser with a report of the

results of any such test and/or inspection.

The Purchaser may reject any Goods or any part thereof that

fail to pass any test and/or inspection or do not conform to the

specifications. The Supplier shall either rectify or replace such

rejected Goods or parts thereof or make alterations necessary

to meet the specifications at no cost to the Purchaser, and shall

repeat the test and/or inspection, at no cost to the Purchaser,

upon giving a notice.

Liquidated

Damages

If the Supplier fails to deliver any or all of the Goods within

the period specified in the Term and Condition, the Purchaser

may deduct amount from the Contract Price, as liquidated

damages, a sum equivalent to the percentage specified in the

“Term and Conditions”, up to a maximum deduction of the

percentage specified in the “Term and conditions”. Once the

maximum is reached, the Purchaser may terminate the

Contract with Supplier.

Warranty The Supplier warrants that all the Goods are new & unused.

The Supplier further warrants that the Goods shall be free

from defects arising from any act or error of the Supplier or

arising from design, materials, and workmanship, under

normal use in the conditions prevailing in the country of final

destination.

The warranty shall remain valid for twelve (12) months after

the Goods, or any portion thereof as the case may be, have

been delivered to and accepted at the final destination

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22 PIEDMC

indicated in the Scope of work.

The Purchaser shall give Notice to the Supplier stating the

nature of any such defects together with all available evidence

thereof, promptly following the discovery thereof. The

Purchaser shall afford all reasonable opportunity for the

Supplier to inspect such defects.

Upon receipt of such Notice, the Supplier shall, within the 30

Days, expeditiously repair or replace the defective Goods or

parts thereof, at no cost to the Purchaser.

If having been notified, the Supplier fails to remedy the defect

within the 30 Days, the Purchaser may proceed to take within a

reasonable period such remedial action as may be necessary, at

the Supplier’s risk and expense and without prejudice to any

other rights which the Purchaser may have against the Supplier

under the Contract.

Extensions of

Time

The Supplier shall promptly notify the Purchaser in writing of

the delay, it’s likely duration, and its cause. As soon as

practicable after receipt of the Supplier’s notice, the Purchaser

shall evaluate the situation and may at its discretion extend the

Supplier’s time for performance, in which case the extension

shall be ratified by the parties by amendment of the Contract.

A delay by the Supplier in the performance of its Delivery and

Completion obligations shall render the Supplier liable to the

imposition of liquidated damages unless an extension of time

is agreed by purchaser.