PLEASE CONFIRM THE FOLLOWING IN YOUR OFFER.
Security Deposit:
a) Contractor shall furnish Security Deposit for 10% of the total value in respective contract currencies,for due performance of the said contracts, in the form of a Bank Guarantee within 30 days from thedate of award of contracts and it shall be valid till satisfactory completion of the contract andsubmission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 3.4.5 below, plus aclaim period of three months for lodging of claims, if any.
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above, within30 days from the date of issue of Contract such failure shall constitute a breach of contract and thePurchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase ofthe Stores contracted from other sources at the risk and expense of the Contractor in terms of GCCsub-clause no. 13.2 (Cancellation/Termination of Contract in Full or Part) hereof and/or recover fromthe Contractor the damages arising from such cancellation.
c) In the event, the Contractor fails to fulfil the obligations under the Contract, the Purchaser shall havethe right to encash and appropriate the Security Deposit Bank Guarantee. This right shall be in addition to and without Prejudice to the rights of the Purchaser to recover from the Contractor anyloss or damages that the Purchaser is herein entitled.
In case material is supplied and BG is not submitted, NPCIL will retain 10% amount from your payableamount on the account of non-submission of BG for security deposit and the same shall be released after06 months from the date of acceptance of material/acceptance of last consignment/satisfactory executionof contract.
Delay in Supply
6.2.1 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 6.1.1within the CDD prescribed for the same, it shall be construed as a breach of the Contract and thePurchaser shall be entitled at his option to the following:
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed
Liquidated Damages (LD) at the rate indicated below:
S.No. / Delivery Period / Liquidated Damages,
Rate per Week (1) / Maximum Amount
of L.D. (2)
1. / Delivery period
(as originally stipulated) notexceeding one year. / @ 1% of the value ofdelayed/ undelivered portion of the supplies of Purchase Order, per week or part hereof. / 5% of the value ofdelayed/ undeliveredportion of Supplies
of the PurchaseOrder.
2. / Delivery period
(as originally stipulated)
exceeding one year but not
exceeding two years. / @ 0.5% of the value of
delayed/ undelivered
portion of the supplies of
Purchase Order, per
week or part thereof. / 5% of the value of delayed/ undelivered portion of Supplies
of the Purchase Order.
3. / Delivery period
(as originally stipulated)
exceeding two years. / @ 0.25% of the value of
delayed/ undelivered
portion of the supplies
Purchase Order, per
week or part thereof. / 5% of the value of delayed/ undelivered portion of Supplies
of the Purchase Order.
Where the Contract entered into, is a composite one with supply cum erection and commissioning activities, and the completion of erection and commissioning is delayed irrespective of the fact whether supply of materials has been made within the original contract delivery period, the contract is to be considered as a whole and LD based on merits will be recovered on the total contract value.
However, the payment of liquidated damages shall not in any way relieve the Contractor from any of itsobligations and liabilities under the Contract.
(b) To terminate the contract in full or in parts as per GCC sub-clause no. 13.2 (Cancellation /Termination of Contract in Full or Part).