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Head Office:

Commercial Area (North), Sundar Industrial Estate,

Sundar-Raiwand 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

URL: www.pie.com.pk, Email: info@pie.com.pk

REQUEST FOR QUOTATION FOR

THE SUPPLY

INSTALLATION,TESTING AND

COMMISSIONING OF 10KVA

ONLINE UPS ALONG WITH

ADDITIONAL BATTERY PACK AT

HEAD OFFICE PIEDMC PUNJAB

INDUSTRIAL ESTATE

PROJECT OUTLINE

AND

PREQUALIFICATION CRITERIA

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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.

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PUNJAB INDUSTRIAL ESTATES

DEVELOPMENT AND MANAGEMENT COMPANY

REQUEST FOR QUOTATION FOR THE SUPPLY OF 10KVA ONLINE UPS AT PIEDMC HEAD OFFICE

Punjab Industrial Estates Development and Management Company (PIE) was established by Govt. of the

Punjab with Public Private Partnership, to facilitate the industrial growth of Punjab.

o PIEDMC requests for quotation for the supply of 10 KVA online UPS at PIEDMC head office of the following specifications from interested companies / firms.

Sr. No Items Description

01

10KVA online UPS

Output: Output power capacity 10.0 kVA Output Voltage 230V Output Voltage Distortion Less than 2% Output Frequency (sync to mains) 50/60Hz +/- 3 Hz Other Output Voltages 220, 240

Input: Nominal Input Voltage 230V , 400V 3PH Input frequency 40 - 70 Hz (auto sensing) Input Voltages 220, 240, 380, 415

Brand: APC by Schneider USA, Emerson USA or approved equivalent (USA or Europe manufactured)

o The bidders must: o Be registered with the FBR for income tax & sales tax. o Submit the Undertaking on Rs.100/- Stamp paper that company has never been Black listed by any

department. Failure to provide this undertaking will result into REJECTION of the prequalification

application. o Have sufficient financial, technical and human resource to complete the project within the prescribed

time limit in the contract. o Enclose Rs 30,000/- as bid security with financial proposal, which should be in form of CDR/DD from

a scheduled bank of Pakistan in favor of PIEDMC o Submit the bid in accordance with the Single Stage-Two Envelope procedure of PPRA (Punjab)

Rules 2014. o Submit Technical and Financial bids addressed to General Manager Technical PIEDMC up to

13th

July 2016 at 1100/- HRs. Technical proposals will be opened publically on 13thJuly 2016 at 1130

HRS. o Qualified bidders will be informed after evaluation of technical proposals for the opening of financial

proposals accordingly. o The TORs along with antecedent specification of the above mentioned material can be obtained

from the office of the Chief Engineer Electrical PIEDMC during the office hours, on payment of Rs. 500/- in the form of pay order in the name PIEDMC. The TORs document can be downloaded from websites www.ppra.punjab.gov.pk or www.pie.com.pk, the bidder must attach Pay order of Rs. 500

with his bid as cost of bidding document if downloaded from website. The bid evaluation criteria are

included in the TORs. o Procurement shall be made in compliance of PPRA Rules, 2014; award shall be made on Least

Cost method. o Incomplete bids, defective bids and bids not confirming to the TOR documents shall be liable to

reject. No Bids will be received after due time & date.

General Manager (Technical)-PIEDMC

Punjab Industrial Estates, Head Office, Commercial Area(North), Sunder Industrial Estate, Sunder-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 URL: www.pie.com.pk, Email: info@pie.com.pk

Bid Reference No.: PIE/UPS/01 INVITATION TO BIDDERS

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a) Brand Description:

The brands recommended for the 10.0 KVA Online UPS along with additional

battery Pack Set are as follows:

b) UPS(Latest Model)

10KVA online UPS brand Emerson USA/ APC by Schneider USA or

approved equivalent. (USA / European manufactured)

c) Battery Pack

One additional battery pack built in as per brand offered.

d) Pre Delivery Inspection:

Pre delivery inspection will be carried out at supplier premises by

PIEDMC Engineer.

e) Scope of Work:

a) Supply, Loading and Unloading at PIEDMC Head Office Raiwind road

Lahore.

b) Installation, Connection, Testing, Commissioning and on load

operational testing to verify parameters.

f) Warranties:

a) Warranty will be for three complete years with parts from the date of

commissioning.

b) On call, immediate service response against trouble shooting.

TERMS AND CONDITIONS

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 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 responsive bidder.

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e. In case of delay in Project completion 0.5% per day of Contract Amount

will 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

product document and further documents will be demanded/ accepted

after submission of proposal.

DOCUMENTS REQUIRED TO BE ATTACHED WITH TECHNICAL PROPOSAL

Following Documents are required to be attached with Technical Proposal.

a) Detail Profile of company.

b) Letter of authorization from the manufacturer /dealer in Pakistan.

c) Complete detail and specifications (brochure) of offered Product.

d) Documentary evidence of registration with FBR regarding Income &

Sale Tax.

e) Undertaking on Rs.100/- Stamp paper that company has never been

Black listed by any department. Failure to provide this undertaking will

result into REJECTION of the prequalification application.

f) Delivery, loading/unloading, installation, Load testing and

commissioning should be completed within 08 weeks after issuance of

purchase order. Agreed delivery schedule to be provided.

g) 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)

h) 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.

i) If any firm already worked with PIEDMC then performance certificate

issued by PIEDMC is mandatory to be attached with Technical

Proposal.

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DOCUMENTS TO BE ATTACHED WITH FINANCIAL PROPOSAL

Following Documents are to be attached with Financial Proposal.

a) Bid security in form of CDR/DD issued by a schedule bank in favor of

PIEDMC as per advertisement (Request for Quotation).

b) Quotation shall be inclusive of 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

10.0KVAonline UPS along

with built in 12V 8AMP

32Nos, backup time Full

Load 11.5/3.8 minutes

and with additional

battery backup time

28/11.6 minutes

01 No

Eight

Weeks After

Issuance of

Purchase

Order

PAYMENT SCHEDULE:

a) 50% advance against Bank Guarantee issued by schedule bank of Pakistan

b) 50% will be made on installation, connecting, Load testing, commissioning of

UPS and after issuance of competition certificate.

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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. Brand/ Product detailed offered as specified /

approved 30

2.. General Experience 35

3. Personnel Capabilities 8

4. Equipment Capabilities 12

5. General Requirement 5

6. Financial Soundness 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.Incaseoflessthan60% marks in

any category will be treated as Fail.

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

1. Brand Product Detail Offered

Credit marks shall be awarded on the basis of following criteria

Sr. No. Description Maximum

Points

i) Emerson USA / APC by Schneider USA or approved

equivalent. (USA/ European manufactured)

30

Sub-Total: 30

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2. 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, completion

certificates 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

15

Sub-Total: 35

3. 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 years experience in relevant field

(01 No’s)

3

ii) Supervisor Electronics, DAE Electronics with minimum 10-

15 years experiencein relevant field. (01 No’s) 2

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

years experiencein relevant field. (01 No’s) 2

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

experiencein relevant field(01 No’s) 1

Sub-Total: 8

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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)

4. 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 Multi meter 1

2. Insulation Tester 1

3. Tool Kit 2

4. Battery Tester 1

5. Hammer Drill Machine 1

6. Electrician Tool Box 1

7. Phase Sequence Meter 1

8. Earth Tester 1

9. Battery Load tester 2

10. Earth Resistance Tester 1

Sub-Total 12

5. General Requirement

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

of documents relevant for the Project:

Sr. No. Description Maximum

Marks

i) Registration with FBR for Income & Sale Tax.(1 Marks for Income Tax

Certificate and 1 Marks for Sale tax Certificate)

2

ii) Dealer Ship/ Authorized Firm Certificate 3

Sub-Total 5

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6. Financial Soundness

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

Sr. no. Description Maximum

Marks

i) Working Capital in last three years 4

ii) Bank statement in last three years 3

iii) Audit report of last three years 3

Sub-Total 10

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EVALUATION/SHORTLISTING CRITERIA FOR TECHNICAL

QUALIFICATION

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

- 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.

- Product Detail.

- Complete details of similar projects (Installation of Online UPS Similar or above

capacity required) executed during the last 5 years.(At least 2 No’s same

nature projects Mandatory executed)

- Complete details of similar projects (Installation of Online UPS) 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 on Stamp Paper worth Rs.100/-/- or above

- Undertaking on Rs.100/- Stamp paper that company has never been

Black listed by any department. Failure to provide this undertaking will

result into REJECTION of the prequalification application.

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Table of Forms

1. CONTRACT AGREEMENT

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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 (is)] (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

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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 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]

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THE TECHNICAL SPECIFICATION

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10 KVA ONLINE UPS ALONG WITH ADDITIONAL 10KVABATTERY PACK

10.0 KVA online Ups

UPS 10.0KVA online UPS

Output Output Power Capacity 10.0 KVA,

Output voltage 230V, Output voltage distortion 2%

Output frequency (sync to mains) 50/60Hz +/-3HZ

Output Voltage 220, 240 load

Input Normal input voltage 230V, 400V 3PH

Input frequency 40-70 HZ (auto Sensing)

Input voltage 220, 240, 380, 415

Brand Emerson USA, APC by Schneider USA or approved

Equivalent

Built in Battery 12v 8Amps, 32nos (Back up Time 11.5 min / 3.8 min)

Additional Battery Pack 28/11.6 Minutes Backup Time

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General Conditions of Contract

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 there from, 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” mean 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

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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 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.

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

vice versa where 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.

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.

No waiver

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,

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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.

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.

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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

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

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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 Thirty six (36)

months after the Goods, or any portion thereof as the

case may be, have been delivered to and accepted at the

final destination indicated in the 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 The Supplier shall promptly notify the Purchaser in

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Time 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.