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1 ANNEXURE A General Terms and Conditions (GTC) To Request For Quotation (R.F.Q.) Ref: BR01/RRD/6300029193 PROJECT: BMRCL PROJECT-42 CARS SCOPE : Manufacture and supply of 05 Types of Aluminum Extrusions TWO BID SYSTEM Technical and Commercial Bid Separately. 2 Table of Contents / Index Sl. No. Terms / Clause Page No. 1. GLOSSARY, DEFINITIONS & INTERPRETATIONS 04 2. SCOPE OF SUPPLY 05 3. QUALIFYING REQUIREMENTS OF THE TENDERERS 05 4. TENDER SUBMISSION CONDITION 05 5. SUBMISSION OF OFFER IN TWO-BID SYSTEM (TECHNICAL & COMMERCIAL OFFER SEPARATELY) 06 6. PAYMENT 07 7. FIRM PRICE 07 8. AUTHORITY OF PERSONS SIGNING DOCUMENT 08 9. SECRECY 08 10. Custom Duties (Applicable to Foreign Supplier) 08 11. INSURANCE 09 12. COUNTER TERMS AND CONDITION 09 13. OTHER CONDITIONS 09 14. ACCEPTANCE & ACKNOWLEDGEMENT 10 15. QUALITY & WORKMANSHIP 10 16. IDENTIFICATION OF ITEMS / PIECES 10 17. SUPPLY OF SAMPLE 10 18. DOCUMENT SUBMISSION CLAUSE 10 19. DELIVERY, LIQUIDATED DAMAGES FOR LATE DELIVERY AND RISK PURCHASE CLAUSE 12 20. INSPECTION & CONSEQUENCE OF REJECTION 13 21. LAWS APPLICABLE 13 22. INDEMNITY 13 23. BRIBES AND GIFTS 13 24. JURISDICTION 13 25. ARBITRATION 14 26. FORCE MAJEURE CLAUSE 14 27. RIGHT TO VARY QUANTITIES 14 28. RAW MATERIALS ARRANGEMENT 14 29. LANGUAGE 15 3 Table of Contents / Index Sl. No. Terms / Clause Page No. 30. TAX CLAUSE 15 31. PACKING AND MARKING 15 32. PERFORMANCE BANK GUARANTEE 16 33. SPARES SUPPORT 16 34. POST-WARRANTY SERVICE 16 35. CHANGES IN THE NAME OF FIRM 17 36. MODIFICATION, ADDITION AND AMENDMENTS 17 37. ASSIGNMENT OF THIRD PARTY 17 38. INVOLVEMNET OF ANY AGENT AND MIDDLEMEN 17 39. INFRINGEMENT OF PATENTS 18 40. SUPERVISION, TECHNICAL ASSISTANCE AND SERVICE SUPPORT 18 41. SEVERABILITY 19 42. SAFETY ASSURANCE 19 43. LIMITATION OF LIABILITY AND PRODUCT LIABILITY 19 44. CONFIDENTIAL AGREEMENTS 19 45. DEFECT LIABILITY PERIOD & SPARES SUPPORT 19 46. WARRANTY 20 47. Integrity Pact(For total value >1 Crore) 20 48. APPENDIX “A “ - COMPLIANCE REPORT 21-22 49. APPENDIX “B “ - CONTACT DETAILS OF THE SUPPLIER 23 50. APPENDIX “C “ - PERFORMANCE BANK GUARANTEE 24-25 51. APPENDIX “D “ - NON-COMPETITION AGREEMENT 26-27 52. APPENDIX “E “ - CONFIDENTIALITY AGREEMENT 28-29 53. APPENDIX “F “ – INTEGRITY PACT 30-34 4 1. GLOSSARY, DEFINITIONS & INTERPRETATIONS Unless otherwise stipulated herein, the following terms shall have the meanings hereby assigned to them: a) “Tender“ means and includes Offer / Quotation b) “Acceptance of Tender” means the letter of memorandum communicating to the supplier, the acceptance of the Tender / offer / quote and includes an advance acceptance of tender. c) Equipment/Materials means goods as described in Procurement Technical Specification (P.T.S.) , which is part of tender d) P.T.S. means Procurement technical specification provided by the purchaser. e) Specification means technical specifications of the Equipment / Material as set forth in Procurement technical specification (PTS) / technical drawings, which is part of tender. f) BEML Limited / Company means “BHARAT EARTH MOVERS LIMITED”, a company registered under the Companies Act, 1956 (“The Purchaser” / “The employer “). g) “Supplier” means and include a Contractor and also means a person, firm or company with whom the order for supply is placed and shall be deemed to include the Supplier’s Successors, representatives, heirs, executors and administrators as the case may be unless excluded by the terms of purchase order. h) Representative (s) means the person (s) authorized by Supplier to perform the relevant supervision, inspection at the site if required. i) “Stores” means the goods and services specified in the Purchase O

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