CENTRAL RAILWAY MATERIALS MANAGEMENT DEPARTMENT PURCHASE TENDERS by bkx33432

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									Signature Not            Signature Not       Signature Not      Signature Not      Signature Not         Signature Not
Verified                 Verified            Verified           Verified           Verified              Verified
Digitally signed         Digitally signed    Digitally signed   Digitally signed   Digitally signed      Digitally signed
by P N SALVE             by P N SALVE        by P N SALVE       by P N SALVE       by P N SALVE          by R S MEENA
651129                   651129              651129             651129             651129                903048
Date: 2009.11.25         Date: 2009.11.25    Date: 2009.11.25   Date: 2009.11.25   Date: 2009.11.25      Date: 2009.11.26
12:38:44 IST             12:59:20 IST        13:05:06 IST       13:06:42 IST       13:10:29 IST          10:45:31 IST

                                                    CENTRAL RAILWAY
Signature Not            Signature Not      MATERIALS MANAGEMENT DEPARTMENT
Verified                 Verified                  PURCHASE TENDERS
Digitally signed         Digitally signed
by R S MEENA             by R S MEENA
903048                   903048             SPECIAL CONDITIONS OF CONTRACT
Date: 2009.11.26         Date: 2009.11.26
10:55:35 IST             11:10:26 IST

                   1.0        The PRESIDENT OF INDIA shall hereinafter be called the                               Notices
                              PRESIDENT, the powers conferred upon the President by these
                              conditions and all consents, directions, discretion and approvals to be
                              given by him may unless otherwise expressly provided by these
                              conditions be exercised and given by the General Manager, Central
                              Railway, for the time being or any other officer deputed by the
                              General Manager for that purpose. The tenderer whose tender is
                              accepted is hereinafter called the ‘CONTRACTOR’. Any notice to be
                              served on the Contractor shall be deemed to be sufficiently served.,if
                              delivered,left at or sent by registered post addressed to the Contractor
                              at his last known place of business. Any Notice to be served by the
                              Contractor on the President shall be deemed to be sufficiently served
                              if left at or sent by registered post addressed to the Controller of
                              Stores, Central Railway, New Administrative Office, First Floor,
                              Mumbai, CST.

                   2.0        No conditions, other than these special conditions and the said Indian           Conditions of
                              Railway Standard Conditions of Contract and the terms and                          Contract
                              conditions contained in the Purchase order, shall govern this contract.
                              A verbal or written arrangement abandoning, varying or
                              supplementing this contract of any of the terms hereof shall be
                              deemed conditional and shall not be binding on the President unless
                              such variation or addition be endorsed on this contract or be
                              embodied in a supplemental instrument and such endorsement or such
                              supplemental instrument be signed by the Contractor and on behalf of
                              the President by some person duly authorised for that purpose; till
                              then the President shall have the right to repudiate such arrangement.

                   2.1        Acceptance of tender and all contracts for the supply of material are
                              subject to the Indian Railway Standard Conditions of Contract and
                              such amendments, additions or alterations as may be issued to these
                              conditions from time to time and also to such instructions which may
                              be issued from time to time by the Railway Administration for
                              guidance of the Contractor.

                   3.0        The tenderer must deposit(EMD) with the Chief Cashier, Central                  Earnest Money
                              Railway, the sum required vide Clause 5 of Instructions. Earnest               /Security Deposit
                              Money Deposit receipt must accompany tender- offer,else offer is
                              liable to be rejected . In case tenderer is called upon to submit
      security deposit, the said amount must be deposited within 14 days of
      call letter date. No interest will be allowed on the earnest money or
      Security Deposit. In no circumstances cheques will be accepted
      towards Earnest Money Deposit or security deposit.

3.1   The Security Deposit referred in Clause 0500 of the Indian Railway
      Standard Conditions of Contract may be confiscated by the President
      in the event of any breach on the part of the Contractor of the terms of
      this contract in the event of anything becoming payable by the
      Contractor to the President at law or by virtue of this Contract.

3.2   The alternative forms in which Security Deposits for the due
      performance of contract will be accepted are given below:-

         a. Cash for which no interest will be allowed. Deposit not
            exceeding Rs.500 should be paid in cash.
         b. Government Securities (including investments in the National
            Plan Loans) in the form of G P Notes.
         c. Deposit Receipts/pay orders/demand drafts and guarantee
            bonds of any of the Nationalised or scheduled commercial
            Banks.

      (d) The Bonds of Indian Railways Finance Corporation and KRCL
      Bonds (in case of Bonds issued under non-cumulative interest
      scheme, post dated warrants should be submitted along with bonds
      and the interest warrants could be given back on and when the interest
      becomes due).

      (e) A deposit in Post Office Savings Bank Account.

      (f) Deposits in National Saving Certificates

         g. Treasury Savings Deposit Certificate
         h. National Plan Certificates at their surrender value.
         i. 12 years National Defence Certificates (at the surrender value)
         j. 10 years Defence Deposits (at their surrender value ie, face
            value minus Rs.325 per Defence Bond of Rs.50/=each)
         k. National Defence Bonds (at their surrender value).


3.3   Government Securities to be acceptable as deposits must be complete
      in respect of the following requirements:-

         a. All interest secured up-to-date should previously have been
            collected by the depositor.
             b. The tendered script should have at least two blank pages after
                depositor’s endorsement to the Railway. These are wanted for
                further endorsement to the currency authorities.
             c. Endorsement on the Government Securities should be ‘PAY
                TO THE FINANCIAL ADVISER AND CHIEF ACCOUNTS
                OFFICER, CENTRAL RAILWAY OR ORDER’.
             d. If endorsement of the script are signed as per pro or on behalf
                of the previous holder a certificate from the Local Public
                Depot Officer is required in recognition to the validity of such
                endorsement.
             e. Government Securities will be accepted at the current market
                value, on the date of deposit. In case of any material
                depreciation in the value of Government Securities the
                Contractor will have to make good the difference.
             f. Interest on Government Securities endorsed in favour of the
                Financial Advisor and Chief Accounts Officer, Central
                Railway will be collected by the Railway through the Reserve
                Bank of India when it falls due in the case of Deposit to be
                held for over a year and whilst the contractor duly observes
                and performs the provisions of this contract will be remitted to
                the deposits by the Financial Adviser and Chief Accounts
                Officer.


3.4   The Security Deposit will be refundable

        i.      on due fulfilment of the contract and on request from
                contractor intimating completion of contract and based on
                completion report cum loss/no loss certificate issued by
                consignee. and
       ii.      on submission of a Clearance Certificate by the Contractor to
                the effect that the Contractor has received all dues arising out
                of this contract and that he has no claim whatsoever on the
                President against this contract.


4.0   All articles supplied by Contractor shall be to the description and          Centrestage
      quality and strictly in accordance with the specification and or             Responsibility
      approved sample.

4.1   The maker’s name of the material tendered for supply by the
      Contractor must be indicated in the challan accompanying the supply.
      When materials of more than one make are supplied the No.and
      quality of each make supplied to be given in the challan.
4.2   The raw material to be used for manufacture of stores to be supplied
      shall be new and not second hand and to the specification required.
      When called upon the Contractor must produce documentary
      evidence and relative test certificate to show that the material used
      was new and to the specification required.

4.3   When supplies are ordered for items involving cast iron to
      specification No.IS-210 the Contractor must supply test bars etc, as
      called for in respect of various grades of cast iron in the specification.

4.4   All stores ordered are subject to approval and inspection by the
      Controller of Stores or any other Officer whether of the Central
      Railway or RDSO or any other Railway or the DGS&D Inspection
      Wing,or RITES Organisation authorised by the Controller of Stores
      or the General Manager of the Railway and should they on inspection
      be found not to comply with the requirements or be found in any way
      damaged or unsuitable will be rejected and the decision of that
      Inspection Officer as aforesaid shall be final. The Controller of Stores
      shall also be at liberty to cancel the order and re-purchase at the risk
      and cost of the defaulting Contractor.

5.0   Facilities for test and examination – The contractor shall at his own
      expense afford to the Inspector all reasonable facilities and such
      accomodation as may be necessary for satisfying himself that the
      stores on being and/or have been manufactured in accordance with
      the particulars. The Inspector shall and have free access at any time
      during the execution of the contract to the Contractor’s works for the
      purpose aforesaid, and he may require the contractor to make
      arrangements for inspection of the stores or any part thereof or any
      material at his premises or any other place specified by the inspector
      and if the contractor has been permitted to employ the service of a
      sub-contractor he shall in his contract with the sub-contractor, reserve
      to the inspector a similar right.

5.1   Cost of test- The Contractor shall provide without any extra charge all      Inspection &
      materials, tools and assistance of every kind which the inspector may          Rejection
      demand of him for any test and examination, other than special or
      independent test, which he shall require to be made on the
      Contractor’s premises and the contractor shall bear and pay all costs
      attendant thereon. If the contractor fails to comply with the conditions
      aforesaid the inspector shall, in his sole judgement be entitled to
      remove for test and examination all or any of the stores manufactured
      by the contractor to any premises other than his (contractor’s) and in
      all such cases the contractor shall bear the cost of transport and/or
      carrying out such test elsewhere, a certificate in writing of the
      inspector that the contractor has failed to provide the facilities and the
      means for test and examination shall be final.

5.2   Delivery of stores for test – The Contractor shall also provide and
      deliver for test free of charge at such place other than his premises as
      the inspector may specify such material or stores as he may require.

5.3   Liability for costs of laboratory test – In the event of rejection of
      stores or any part thereof by the inspector in consequence of the
      sample thereof, which is removed to the laboratory or other place of
      test being found on test to be not in conformity with the contract or in
      the failure of the contractor for any reason to deliver the stores passed
      on test within the stipulated period the contract or shall, on demand,
      pay to the purchaser all costs incurred in the inspection and/or test.
      Cost of test shall be assessed at the rate charged by the laboratory to
      private persons for similar work.

5.4   The Contractor shall have to pay such fees as the Controller of Stores
      may require in connection with analysis or test of material such
      payments however will be enforced only in the event of supplies or
      any portion of them being found inferior to specification or stipulated
      quality.

5.5   In case of samples called for in connection with tenders against items
      for which specification exists, the test charges should be borne by the
      Contractor irrespective whether samples are suitable or not.

5.6   In the case of any material which has not been inspected at the
      maker’s works the manufacturer or supplier as the case may be, when
      required shall supply the Inspecting Officer with a certificate stating
      the process of manufacture and a test sheet signed by the
      manufacturer giving the results of mechanical test and chemical
      analysis applicable to the material purchased. Each test sheet shall
      indicate the number or identification marks of the costs or mixes to
      which it applies, corresponding with his number to be found in the
      forgings, casting, blooms, bars, ingots, paint drums, etc.

6.0   It should be noted that if a contract is placed on a higher tenderer as a      Acceptance of
      result of this invitation to tender in preference to the lowest              higher tender for
      acceptable offer, in consideration of offer for earlier delivery, the         earlier delivery
      contractor will be liable to pay to the Government the difference
      between contract rate and that of the lowest acceptable tender on the
      basis of final price FOR destination including all elements of freight,
      sales-tax, local duties, duties and other incidentals, in case of failure
      to complete supplies in terms of such contract within the date of
      delivery specified in the tender and incorporated in the contract. This
      is in addition and without prejudices to other rights under the terms of
      contract and particularly clause 0702 of IRS Conditions of Contract.

7.0   In the case of contracts involving fabrication where the requisite raw        Removal of raw
      material is to be supplied by the President, to the Contractor, the latter     material for
      shall take delivery of raw material and remove the same within the              fabrication
      time specified in the contract from such premises as may be specified
      by the General Manager, Central Railway, for the time being or any
      other Officer or Officers of the said Railway who may be deputed by
      the said General Manager in this behalf after making a cash deposit to
      the extent of the full value of such raw material within the prescribed
      time stipulated in the contract. In the event of failure on the part of the
      contractor to remove such raw material within the period stipulated in
      the contract for removal thereof after making the aforesaid cash
      deposit the contractor shall be liable to pay to the President storage
      charges at the rate of ½% per day of the value of the said raw material
      not so removed against the aforesaid cash deposit subject to a
      minimum of Rs.10/= per day and further the said raw material shall
      be permitted to be removed by the contractor only after the contrator
      had paid the storage charges to the President at the rate aforesaid. It is
      also a condition of the contract that in the event of failure on the part
      of the contractor due to any reason whatsoever to take delivery of and
      to remove the said raw material within the time specified in the
      contract for the purpose, such raw material shall be deemed to have
      been supplied by the President to the contractor on the last day of he
      period specified in the contract for the removal of the said raw
      material by the contractor after making the aforesaid cash deposit, not
      with standing that the said raw material was not actually taken
      delivery of and removed by the contractor on or before such date.

7.1   Where any raw materials for the execution of the contract are                    Use of raw
      procured with the assistance of Government either by issue-from               materials secured
      Government stocks or purchase under arrangements made or                      with Government
      permit(s) or licence(s) issued by Government, the contractor shall               Assistance
      hold the said materials as trustee for Government and use such
      materials and solely for the purpose of the contract against which they
      are issued and not dispose of them without the permission of the
      Government and return. If required by the purchaser, all surplus or
      unserviceable materials that may be left with him after the completion
      of the contract or its termination for any reason whatsoever, on his
      being paid such price as Government may fix with due regard to the
      condition of the material. The freight charges for the return of the
      materials according to the directions of the purchaser shall be borne
      by the contractor in the event of the contract being cancelled for any
      default on his part, the decision of Government shall be final and
      conclusive.

7.2   In the event of a breach of the aforesaid conditions, the Contractor
      shall in addition to throwing himself open to action for contravention
      of the terms of the licence(s) or the permit(s) and/or for criminal
      breach of trust be liable to account to Government for all moneys,
      advantages or profits resulting or which in the usual course would
      have resulted to him by reason of such breach.

7.3   If as a result of this invitation of tender, the contract is placed on the
      contractor subject to Govt’s assistance in the matter of procurement
      of raw material required for the manufacture of the finished products
      as per terms and conditions stipulated in the invitation to tender and
      the raw material is received by the contractor but the contract is
      cancelled at Contractor’s risk and expense on account of breach on
      his part, the purchaser reserves the right to re-purchase the defaulted
      quantity without a provision in the contract placed at contractor’s risk
      and the expense for Govt’s assistance in the matter or procurement of
      raw material and recover from the contractor the difference between
      the price payable under the contract and the contract placed on the
      contractor.

8.0   In the case of contracts expressly stipulating that the stores will be       Assistance by way
      specially imported for the purpose of the contract, the President may        of Import Licence.
      render assistance to the contractor for obtaining the necessary Import
      Licences. The issue of import licence, cannot however be guaranteed
      and n the event of the import licences not being issued to the
      contractor within six months from the date of the issue of the
      purchase order accepting the tender of the contractor, the contract,
      unless extended by mutual consent will automatically stand
      terminated without any financial repercussion or obligations on either
      side and the President will not be liable to pay any sum to the
      contractor on account of anything done or expenses incurred by the
      contractor with a view to perform the contract prior to such
      termination.

9.0   All items of Plant and Machinery and such other items of stores                 Warranty
      where defects came to notice only after it has been put to actual use
      are subject to the following warranty clause.
9.1.0   "The Contractor shall warrant that everything to be furnished
        hereunder shall be free from all defects and faults in material,
        workmanship and manufacture and shall be of the highest grade and
        consistent with the established and generally accepted standards for
        materials of the type ordered and in full conformity with the contract
        specifications, drawings or samples, if any and shall if operable
        operate properly.

9.1.1   This warranty shall survive inspite of payment for acceptance of
        goods, but shall expire 24 months after their delivery at ultimate
        destination in India or 18 months from the date of placing in service
        at ultimate destination in India, whichever shall be earlier except in
        respect of complaints defects and/or claims notified to the contractor
        within 2/3 months of such date. Any approval of acceptance by the
        Purchaser of the stores of the materials incorporated herein shall not
        in any way limit the contractors liability.

9.1.2   The Contractor’s liability in this respect of any complaints defects
        and or claims shall be limited to the furnishing and installation of
        replacement parts free of any charge or the repairs of defective parts
        only to the extent that such replacements or repairs are attributed to or
        arise from faulty workmanship or material or design in the
        manufacture of the stores provided defects are brought to the notice of
        the contractor within 3 months of their being first discovered during
        the guarantee period and 3 months from the date of expiry of
        warranty period or at the option of the purchaser to the payment of the
        value, expenditure and damages as hereafter mentioned.

9.1.3   The contractor shall, if required, replace or repair the goods or such
        portion thereof as rejected by the purchaser free of cost at the ultimate
        destination or at the option of the Purchaser the contractor shall pay to
        the purchaser value thereof at the contract price and such other
        expenditure and damages as may arise by reason of the breach of the
        condition herein specified.

9.1.4   All replacements and repairs that the Purchaser shall call upon the
        contractor to deliver or perform under this warranty shall be delivered
        and performed by the Contractor within six months (promptly and
        satisfactorily). If the contractor so desires, the replaced parts can be
        taken over by him or his representative in India for disposal as he
        deems fit within a period of three months from the date of
        replacement of goods/parts. At the expiry of this period, no claim,
        whatsoever, shall lie on the Purchaser. Moreover the purchaser may
        in his discretion recover the ground rent at the prevalent rate from the
        contractor for the stores which has been rejected during the warranty
        period for the specified period of 3 months. If the rejected material is
        not taken over within the period of 3 months by the contractor or his
        representative.

9.1.5   The warranty herein contained shall not apply to any materials which
        shall have been repaired or altered by the Purchaser on his behalf in
        any way without the consent of contractor so as to effect its strength
        performance or reliability or to any defect to any part due to misuse,
        negligence or accident.

9.1.6   The decision of the purchaser in regard to the contractor’s liability
        and the amount, if any, payable under this warranty shall be final and
        conclusive.

9.2     The Contractor shall be required to furnish a Bank Guarantee for            PG BOND
        10% of the value of the contract valid for the warranty period plus a
        further claim period of six months to back up warranty obligation in
        terms of the contract.

10.0    Special attention is drawn to the contractual obligations in respect of    Delivery Time
        the delivery time. Definition of date of delivery in accordance with       the essence of
        the Standard Conditions of Contract is detailed below for guidance.          Contract

10.1    The delivery date in respect of the contract placed by the Central
        Railway shall be deemed to be as follows depending upon the type of
        delivery specified:-

           a. Where the inspector and the authority nominated for the
              purpose for taking delivery of the goods is the same, the date
              of delivery will be the date on which the goods are inspected
              provided always that they are found acceptable to the
              Inspector/Consignee.
           b. In case of delivery term "F.O.R station of despatch", the date
              on which the goods are placed on rail after inspection and
              acceptance by the inspector (representing authority different
              from the consignee wherever specified) is the date of delivery.
           c. In case where the delivery is"F.O.R Destination", the date on
              which the goods reach the destination is the date of delivery.
           d. In case of local delivery, the date on which the delivery is
              actually effected to the consignee after inspection by the
              nominated inspecting authority so specified, is the date of
              delivery.
10.2   Clauses 0601 to 0700 of I.R.S. conditions of contract enumerate the          Delivery Time
       conditions with regard to the time and date of delivery. It will be seen     the essence of
       therefrom that the time and date of delivery are the essence of the            Contract
       contract and the supplier is required to supply the stores not later
       than the dates specified in the contract.Since the date of delivery is
       the essence of the contract, the Contractors are advised to note the
       above very carefully and ensure that they satisfy the delivery
       conditions with full knowledge of the implications of the delivery
       period quoted by them in terms of the above. Material should be
       despatched preferably by Road Transport/Personal Courier
       Services (wherever feasible) and hence delivery dates quoted shall be
       on ‘F.O.R destination"basis. Tenderers should quote delivery date/
       schedule for each installment such that delivery of each installment
       itself is a contract with firm terminal delivery date. The delivery
       terms should not be vague and specific date/dates should be indicated
       by which the supplies should be completed by the tenderer for each
       installment making the contract ‘severable- contract for each
       installment" so as to allow no room for ambiguity.

10.3   All supplies offered for immediate delivery or " ex-stock" must be
       delivered or despatched within 7 days of the receipt of the order.

11.0   An order placed on the Contractor must be promptly acknowledged                  Order
       by him in the prescribed form sent along with order within 48 hours         Acknowledgement
       of receipt of order.

12.0   If the delivery stipulated in the tender is not adhered to the Controller
       of Stores will be at liberty to cancel the order and re-purchase at the
       risk and the cost of defaulting firm without any further notice.

12.1   In cases of orders of stores to be delivered in instalments, if the
       contractor commits default in respect of any instalment, the
       Controller of Stores shall be at liberty to treat each instalment as a
       separate contract and require performance of the instalments or put an
       end to the contract entirely and in either case the Controller of Stores
       shall be at liberty to purchase the Railway’s requirements elsewhere
       at the risk and cost of the supplier.

12.2   In the event of any goods being rejected, the Controller of Stores shall
       be at liberty to purchase elsewhere or if not available the best and
       nearest available substitute without notice to the contractor at the risk
       and expense of the contractor, without prejudice to the other rights
       and remedies of the President.
12.3   The President may without prejudice to his other rights and remedies
       cancel those present at any time in the event of the contractor not
       strictly complying with all or any of the terms thereof .

12.4   In cases where only a portion of the stores ordered is tendered for          Acceptance of
       inspection at the fag end of the delivery period and also in cases         stores despatched
       where inspection is not completed in respect of the portion of stores       after the expiry
       tendered for inspection during the delivery period because of the              of delivery
       reason that adequate notice of inspection was not given by the                   period.
       contractor, the purchaser reserves the right to cancel the order for the
       balance quantity, at the risk and expense of the contractor without any
       further reference to him. If the stores tendered for inspection during
       or at the fag end of the delivery period are not found acceptable after
       carrying out the inspection, the purchaser is entitled to cancel 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 may grant an extension of the delivery
       period subject to the following conditions.

          a. The purchaser has the right to recover from the contractor the
             liquidated damages on the stores, which the contractor has
             failed to deliver within the period fixed for delivery.

              (b) That no increase in price on account of any statutory
              increase in or fresh imposition of customs duty, excise duty,
              sales tax, freight charges or on any account of any other tax or
              duty leviable in respect of the stores specified in the contract,
              which takes place after the date of delivery period stipulated
              in the contract, shall be admissible on such of the said stores
              as are delivered after the date of delivery stipulated in the
              contract.

12.5   The contractor shall not despatch the stores till such time an extension
       in terms of clause 12.4(a) and (b) above is granted by the purchaser
       and accepted by the contractor. If the stores are despatched by the
       contractor before an extension letter as aforesaid issued by the
       purchaser and the same are accepted by the consignee, the acceptance
       of the stores shall be deemed to be subject to the conditions(a) and (b)
       mentioned in clause 12.4 above.

12.6   In case where the entire quantity has not been tendered for inspection
       within the delivery period stipulated in the contract and the purchaser
       chooses to grant an extension of the delivery period, the same would
       be subject to conditions (a) and (b) mentioned in clause 12.4 above.
12.7   It should be noted that on the assurance of the earlier delivery at the       Time preference
       rate of Rs……per …………plus…….FOR…….delivery within                                 condition
       ………offered, this contract has been placed in preference to the
       lower acceptable offer at the rate of
       Rs…….per…plus…..FOR…..delivery within……….

       In case of failure to complete the supplies against the contract in
       terms hereof within the date of delivery specified herein the supplier
       shall be liable to pay to the Government the difference between the
       contract rate and that of the lowest acceptable tender or the final price
       FOR destination, including all element of freight, sales-tax, local
       taxes, duties and other incidents. This is in addition and without
       prejudice to the rights of the Government to recover all other losses
       and damages resulting from delayed supplies including the right of
       cancellation and re-purchase at your risk and expense and particularly
       the right of the Government under clause 0702 of the Indian Railways
       Standard Conditions of Contract.

13.0   All rejected articles must be removed by the firms at their own cost             Rejection
       within 21 days from the date of Rejection Notice. Such rejected
       stores shall lie at the Contractor’s risk from the day of rejection. If the
       rejected supply is not removed within the specified time the
       Controller of Stores shall have the right to dispose off such stores as
       he thinks fit at the contractor’s risk and on his account. If the rejected
       stores are not removed within 21 days, ground rent or demurrage will
       be charged @ Rs.1.00 per day for articles weighing 50 kgs in weight
       and @ Rs.5.00 per day for bulkier or heavier articles and these
       charges shall be payable before the rejected stores are removed.

13.1   Should the rejected articles, be returned to the supplier or consigned
       at his request to any other Station both inward and outward, freight
       thereon will be calculated at Public Tariff Rate. Should rejected
       material be taken over by a local agent on behalf of the supplier and
       should the said articles have been originally booked by the supplier
       freight ‘to pay’ the proportionate inward freight on rejected material
       will be recovered from him at the Public Tariff Rate.

13.2   Notwithstanding any approval or acceptance of material conveyed by
       the inspecting officer at contractor’s premises on behalf of the
       purchaser, the consignee reserves the right to reject such material if it
       is found on receipt at the consignee’s and that the materials so
       supplied are not to the nomenclature and specifications/drawing to
       which material is ordered.
13.3   If any advance payment is made to the contractor on proof of
       despatch and the consignment is rejected by the consignee on receipt
       at his end, the contractor shall re-imburse the President, the payment
       if any received by him for such rejected material within 15 days of
       such notice for reimbursement issued by the Purchaser. The
       purchaser also reserves the right to recover such amount from the
       outstanding dues of the contractor against this or any other contract.

14.0   No quantity in excess of that ordered should normally be supplied and      Excess quantity
       should any such excess be supplied, it is liable to be returned to the
       supplier at his risk and cost and the freight thereon in both directions
       will be recovered from him at the Public Tariff Rate.

15.0   Payment terms will be as per IRS Conditions of Contract Para 2300.         Payment of bills
       The Railway will normally prefer to make 100% payment after
       receipt and acceptance of material by consignee. In the case of stock
       items ,bills on form No.SB2A/Rev88. shall be sent to the FA&CAO
       (Stores) in duplicate, supported by Receipt Notes. In the case of non-
       stock items delivered to stores depots, bills on form No.S272 SB2.
       should be submitted in sextruplicate to the consignee depot who will
       certify and pass the same for payment to the paying authority. In the
       case of non-stock items sent to the consignee direct, bills on form
       No.SB2/ Rev.in duplicate are to be submitted through the respective
       Controlling(gazetted) Officer of consignee to the Bill Paying Officer(
       Accounts Officer).

       To facilitate speedy payment to supplier, C Rly has introduced
       Electronic Fund Transfer (EFT) scheme through State Bank of
       India, Killick House, Fort, Mumbai 400 001. Supplier who desire to
       have their bills paid through EFT system are requested to furnish their
       bankers details (their bank must have EFT facility), bank account
       number. Supplier will have to fill in EFT mandate form which is
       enclosed with tender schedule and can also be obtained from Office
       of Controller of Stores, Central Railway, Mumbai, CST.

15.1   Advance payment will be made on proof of delivery ie, Receipted
       Delivery Challan duly signed by Gazetted Officer of consignee and
       inspection certificate. Balance on final acceptance of supply by the
       consignee. As advance payment is made only against proof of
       delivery, receipted challan, despatch documents including inspection
       certificate along with advance payment bill should be sent to the
       Accounts Officer with despatch advice to the consignee and
       Controller of Stores. While claiming advance payment the contractor
       should ensure that the following certificate is furnished on the bill
       failing which payment will not be made by the Paying Authority.

       "I/We have personally examined and verified and do hereby certify
       that goods in respect of which payment is being claimed have been
       actually despatched/delivered vide Lorry receipt No.
       …………….date……….(RR or PWB
       No……………….dtd……..and further that these goods are to the
       exact material in challan no…….dated……and covered by Inspection
       Certificate No……..dated…………. I/We hold myself/ourselves
       personally responsible for correctness of this statement."

15.2   When the material is delivered by the Contractor free to the
       consignee, the contractor must advice the Controller of Stores of the
       supply effected by sending a copy of their delivery challan. In cases
       where the materials despatched by Rail and advance payment is not
       claimed, the contractor must send the Railway Receipt to the
       consignee together with relative challan under a covering letter giving
       detailed despatch particulars and endorsing a copy to the Controller of
       Stores.

15.3   In modification of the condition No.2302(a) of the Indian Railway
       Standard Conditions of Contract, advance payments for the stores for
       each consignment thereof will be made to the Contractor only against
       proof of inspection and receipted delivery challan signed by Gazetted
       Officer of consignee.

16.0   In the event of the supplier causing any loss to the Railway               Recovery of
       Administration through fraud negligence or any other action (direct or    Railway’s claim
       contributory) or fail to pay on demand to the Railway Administration
       any money which he may be required to pay under or by virtues of
       the Conditions of Contract or by Law, the Railway Administration
       shall be at liberty to appropriate to the payment of such money either
       the whole or part there of as may be necessary to satisfy the
       Railway’s claims of any deposit made by the supplier against the
       contract and if the deposit amount be insufficient to pay the whole
       such moneys due to the Railway to cover the balance by deduction
       from any sum due or which may thereafter become due to the
       Railway under that contract or any other contract.

17.0   The Contractor shall not be entitled to any free pass/ concession over        Passes
       Central Railway or any part thereof or any other Railway.

18.0   In the event of any question, dispute or difference arising under these    Arbitration
       conditions or any special conditions of contract the same shall be
        referred to arbitration in accordance with clause 2900 of IRS
        Conditions of Contract.

19.0    Contracts are exempt from stamp duty in cases where Government (as            Stamp duty
        apposite to the contractor) would, but for this exemption , be liable to
        pay such duty.

20.00   Force Majeur Clause- In the event of any unforeseen event directly
        interfering with the supply of stores arising during the currency of the
        contract such as war, insurrection, restraint imposed by the
        Government, Act of Legislature or other authority, explosion,
        accident, strike, riot, lock out or other dis-organisation of labour,
        acts of public enemy, acts of God, sabotage, the Contractor shall
        within a week from the commencement thereof notify the same in
        writing to the purchaser with reasonable evidence thereof. If the force
        majeure condition(s) mentioned above be in force for a period of 90
        days or more at any time,the purchaser shall have the option to
        terminate the contract on expiry of 90 days of commencement of such
        force majeure by giving 14 days notice to the contractor in writing. In
        case of such termination, no damages shall be claimed by either party
        against the other save and except these which had accrued under any
        other clause of this agreement prior to such termination.

21.0    Normally, prices quoted should be firm. However, where the firm             Price variation
        insist on material price variation clause, the same can be considered           clause
        only if they indicate the quantum of material price variation with
        reference to price notifications like IEEMA/JPC/SAIL/ MMTC and
        stipulate the price variation as per unit of finished item in relation to
        the variation in price for applicable raw material. Offers not
        stipulating specific price variation formula(e) & base indices with
        effective dates are likely to be ignored.

21.1    Further the price variation formula should be applicable for both
        increase and decrease in the prices of raw material and a maximum
        ceiling limit upto which the price variation clause will apply during
        the currency of the contract should also be indicated.

21.2    In the case of imported consignments, variation in final price may be
        allowed on variations in rates of customs duty and exchange rate
        provided the contractor has indicated the specific customs duty and
        exchange rate and the particular of FOB & CIF value in his offer
        which was prevalent on the date of his offer.

21.3    The formula should also cover the period of change when the price
        variation clause will apply ie the time lag from the date of change in
        the price of raw material and the date of application of price variation.

22.0    Unless otherwise specifically agreed to in terms of the contract, the          Variation in
        purchaser shall not be liable for any claim on account of fresh                Excise Duty,
        imposition and/or sales tax on raw materials and/or component used            Customs Duty,
        directly in the manufacture of the contracted stores taking place             and Sales-Tax
        during the pendency of the contract.

22.01   "Wherever Excise Duty is to be charged extra or included in the rates
        tender/s should clearly indicate the percentage of ED, to be charged
        extra or included in the rates. If the percentage being charged extra or
        included in the rates are at concessional rates of ED, the reasons for
        the same should be clarified without any ambiguity. In the absence of
        clear indication regarding the rates of ED, being charged by the
        tenderer/s the valuation of tender will be based on full rate of ED
        applicable/chargeable for the item.

        Variation in the ED on turnover account is not admissible.Only
        statutory variation other than above would be permitted. Mis-
        classification of goods if advised by the tenderer/s result in a different
        rates of ED it will be at the risk and cost of tenderer/s statutory
        variation in the excise duty as claimed at the time of tendering would
        be payable subject to documentary evidence and after necessary
        modification to purchase order issued by the Purchaser to the
        Contractor."

        Sales-tax shall be chargeable as per statutory levy against
        concessional form C/D/H. Concessional ST form will be issued by
        purchaser and it’s legitimate use would be responsibility of supplier.

23.0    Clause for imported stores on FOB delivery basis -Shipment of                   Clause for
        Stores beyond the stipulated delivery period. In the event of the            imported stores on
        contractor failing to ship the stores duly inspected and passed within         FOB delivery
        the stipulated delivery period the purchase is entitled to cancel the              basis.
        contract in respect of the same at the risk and cost of the contractor or
        invoke the clauses providing other remedies such as liquidated
        damages as provided in the contract. However, if he chooses, the
        purchaser may grant an extension of the delivery period subject to:-

           a. The purchaser recovering from the contractor liquidated
              damages as stipulated in the conditions of the contract for the
              stores, which the contractor has failed to ship within the
              period fixed for delivery after due inspection and passing of
             the stores.
          b. The purchaser retaining the right to recover any extra
             expenditure which might have been incurred by the purchaser
             on account of the increase in custom duty, extra bank charges
             for extending validity of Letter of Credit etc and freight
             charges directly related to the delay in shipping of the stores.


24.0   The Contractor shall not despatch the stores till such time an
       extension in terms of the above is granted by the purchaser. If the
       stores are despatched by the contractor before an extension letter as
       aforesaid is issued by the purchaser, the supply of the stores shall be
       deemed to be subject to condition set above.

25.0   In the case of FOB and C&F offers, insurance shall be arranged by             Insurance
       the purchaser.However supplier shall intimate closing particulars to
       insurer ,purchaser and port consignee as per contract.

25.1   In the case of indigenous offers, the purchaser will not pay for transit
       insurance and the contractor will be responsible till the entire stores
       contracted to arrive in good condition at destination. The consignee
       will advise the contractor witin 45 (forty five) days of the arrival of
       goods at the destination any loss/damage etc of the goods and it shall
       be the responsibility of the contractor to lodge the necessary claim on
       the carrier and/or insurer and pursue the same. The contractor shall,
       however, at his own cost replace/rectify immediately to the entire
       satisfaction of the consignee, the goods lost/damaged, without waiting
       for the settlement of the claim.

25.2   The insurance covers provide that whenever an overaged vessel is
       used for shipment, an advance intimation is required to be given to
       the insurer and in such cases, the insurance is covered by charging a
       higher rate of premium. In all cases of C&F contracts any extra
       premium paid on account of use of overaged vessels by the supplier
       will be recoverable from the contractor.

26.0   Delivery, FOB – Invoice and Freight                                         Delivery FOB

26.1   The stores shall be delivered by the contractor free on board(F.O.B)       Invoice & Freight
       such vessels in such part or parts name in the quotation, as the
       purchser or his nominee may require.

26.2   Such number of inspection certificates, advice notices, packing
       accounts and invoices, as may be required by the purchaser or his
       nominee, shall be furnished by the contractor at his own cost.

26.3   Freight for the conveyance of the stores or any part thereof will be
       engaged by the purchaser or his nominee, who will give due notice to
       the contractor when and on board, what vessels they or such part
       thereof, are to be delivered. Should the stores, or any part thereof, be
       not delivered within 7 days of the receipt of such notice by the
       contractor, the contractor will be liable for all payments and expenses
       that the purchaser may incur, or be put to, by reason of such non-
       delivery including dead and extra freight, demurrage of vessels and
       any other charges incurred by the purchaser whatsoever.

26.4   If, by reason of a customs notification published after the placing of
       the contract, the stores to be supplied shall become, on exportation,
       subject to customs drawback in respect of duty paid on them or on the
       materials used in their manufacture, the contractor shall recover the
       amount of the drawback and the contract price of the stores shall be
       reduced by the amounts so recovered.

27.0   Shipments from parts of UK including Northern Ireland (Also EIRE),            Details of
       from the North continent of Europe, (West Germany), Holland,                   shipping
       Belgium, France, Norway, Sweden, Denmark, Finland and parts on             arrangement for
       the continental seaboard of the Mediterranean (I e French and
       Western Italian Port) to parts in India.

27.1   The Contractor should arrange shipment of stores by vessels
       belonging to the member lines of the India-Pakistan-Bangladesh
       Conference. If the contractor finds that the space on the Conference
       Lines’ Vessels is not available in any specific shipment, he should
       take up with the India-Pakistan-Bangladesh Conference, Conferity
       House, East Grinstead, Sussex (U K) for providing shipping space
       and also inform the Shipping Co-ordination and Chartering
       on/Shipping Co-ordination Officer of the Ministry of Shipping &
       Transport New Delhi (Cable" TRANSCHART NEW DELHI’
       TELEX: VAHAN NO.2312, 2440 and 3104).

27.2   Shipments from U S Atlantic & Gulf ports-The Contractor should
       arrange shipment of stores by Vessels belonging to the member lines
       of the India-Pakistan-Bangladesh-Ceylon and Burma outward Freight
       Conference. If the Contractor finds that the space on the Conference
       Lines vessels is not available in any specific shipment, he should take
       up with the India-Pakistan-Bangladesh-Ceylon and Burma Outward
       Freight Conference, 25-Broadway, New York, N Y 10006, U S A for
       providing shipping space and also inform the Secretary, Ministry of
       Shipping & Transport, New Delhi (Cable: TRANSCHART: NEW
       DELHI TELEX:VAHAN NO.2312 2448 and 3104)

27.3   Shipments from St Lawrence and Eastern Canadian Ports. The
       Contractor should arrange shipment of stores by Vessels belonging to
       the following Shipping Lines:-

          1.   The Shipping Corporation of India Ltd
          2.   The Schindia Steam Navigation Co Ltd
          3.   The Canadian City Line Ltd, and
          4.   M/s Eliermen and Buckmall Steamship Co Ltd

       If the Seller finds that the space on the vessels of these lines is not
       available in any specific shipment, he should inform the Secretary,
       Shipping Co-ordination Committee, Ministry of Shipping and
       Transport, New Delhi (Cable TRANSCHART: NEW
       DELHI:TELEX:VAHAN NO.2312, 2448 and 3104) immediately so
       that dispensation from the shipping lines concerned to use alternative
       lifting may be sought.

27.4   Shipment from Polish Ports – The Contractor should arrange
       shipment of stores by vessels belonging to the Member Lines of the
       Indo-Polish Shipping Service on parity basis in accordance with the
       Indo-Polish shipping agreement.

27.5   Shipment from Japan- The shipment of cargoes should be made by
       Indian vessels to the maximum extent possible, subject to a minimum
       of 50%.

       The Shipping arrangements should be made in consultation with the
       Embassy of India in Tokyo, Japan to whom details regarding contract
       number, nature of cargo, quantity, ports of loading/discharge name of
       the Govt consignee, expected date of readiness of each consignment
       etc should be furnished atleast six weeks in advance of the required
       position.

27.6   Shipment from Bulgaria & Rumania – The Contractor shall arrange
       shipment of cargoes by Indian Flag vessels to the maximum extent
       possible, subject to a minimum of 50%. For the purpose of
       ascertaining the availability of suitable Indian vessels, Contractor
       shall give adequate notice of not less than six weeks about the
       readiness of cargo for shipment, to the Secretaries, Indo-Soviet
       Shipping Service, C/o the Shipping Corporation of India Ltd,
       SHIPPING HOUSE 229/232 Madame Cama Road, Mumbai 400021
        (CABLE:SOVINSHIP, MUMBAI) and also endorse a copy thereof to
        the Secretary, Shipping Co-ordination Committee, Ministry of
        Shipping and Transport, New Delhi (CABLE:TRANSCHAPT, NEW
        DELHI:TELEX:VAHAN NO.2312, 2448 and 3104).

27.7    Shipments from west coast ports of USA, Canada, Atlantic Ports of
        Eastern Italy and Yogoslavia and other areas to India- The Contractor
        should arrange shipment of the Cargoes by Indian Vessels to the
        maximum extent possible, subject to a minimum of 50%. For the
        purpose of ascertaining the availability of suitable Indian vessels and
        granting dispensation in the event of their non-availability the
        Contractor should furnish the details regarding contract number,
        nature of cargo, quantity, port of loading/discharge, name of the Govt.
        consignee and expected date of readiness of each consignment etc to
        the Secretary, Shipping Co-ordination Committee, Ministry of
        Shipping and Transport, New Delhi (CABLE:TRANSCHART, NEW
        DELHI:TELEX:No.2312,2448 AND 3104) atleast six weeks in
        advance of the required position.

27.8    Shipment from the Black Sea Ports of USSR. (All contracts whether
        FOB/FOR/CIF/C&F)- Transportation of equipment and materials
        under this contract shall be done by the Soviet and Indian vessels
        belonging to the Indo-Soviet Shipping Service on parity basis in
        accordance with the Soviet-Indian Agreement of the 6th April, 1956
        as amended upto date on the establishment of a regular shipping
        service between the prots of the USSR and INDIA.

27.9    Bills of Lading – C&F/CIF/TURNKEY Shipment – The Bill of
        Lading should be drawn to indicate ‘Shipper’ and ‘Consignee’ as
        under:-

        Shipper : The CIF/C&F/TURNKEY suppliers concerned.

                              Consignee: As per consignee’s particulars in
                              the Purchase Order (The name and address of
                              the ‘Port Consignee’ and ‘Ultimate Consignee’
                              both should be indicated).

27.10   FOR Shipments – The Bill of Lading should be drawn to indicate
        ‘Shipper’ and Consignee as under:-

        Shipper : The FOR Suppliers concern.
        Consignee: Suppliers’ Indian Agents on Order.

                              Note-(1) Moreover the name of the ‘Purchaser’
                              and ‘Ultimate Consignee’ should appear in the
                              body of Bills of Lading as the ‘Notify Party’ or
                              as a remark

                              (2) Two non-negotiable copies of the Bills of
                              Lading indicating the gross freight amount
                              should be forwarded to the Secretary, Shipping
                              Co-ordination Committee, Ministry of
                              Shipping and Transport, New Delhi after the
                              Shipment of each consignment is effected.

                              (3) The Contractor should avoid the use of un-
                              covered vessels for the Shipment of the goods
                              under the contract and if so used the cost of
                              additional insurance if any, shall be borne by
                              the Seller.

28.0    Details of Shipping arrangement for Liner for Cargoes in respect of
        FOB/FOR contract for imports.

28.1    Shipping arrangements will be made by Chief Controller of
        Chartering/Shipping Co-ordination Officer, Ministry of
        Transport,Department
        ofSurfaceTansport,NewDelhi(CABLE:TRANSCHART:NEW
        DELHI:TELEX:VAHAN No.2312, 2448 and 3104) through their
        respective forwarding Agents/Nominee as mentioned below, to whom
        adequate notice of not less than six weeks about the readiness of
        cargoes for shipment should be given by the Sellers from time to time
        for finalising the shipping arrangements.




Area Forwarded Agents/Nominee

a) U K (including Northern Ireland (also ERE) M/s Schenkar & Co, GMBH 2000
The North Continent of Europe,
West Germany Hamburg,11/POB/No.110328,
Holland, Belgium, France, Norway, Sweden, (CABLE:Schenkerco-D TELEX:
Finland and Denmark) and ports on the continental 217004-307 SHD Telephone
Sea Board of the Mediterranean, (ie French and No.0401361351
Western Italian ports) and also Atlantic Ports)
b) USA & CANADA M/s Dyson Shipping Co, Inc,
One World Trade Cente Suite
1933, New York, N Y 10048,
USA(CABLE:DYSON CO,
NEW YORK TEL.(21775-1100

c) JAPAN The First Secretary(Commercial)
Embassy of India,
Tokyo (JAPAN) CABLE:INDEMBASSY
TOKYO 24850 tel:2622391.

d) AUSTRALIA,ALGERIA,BULGARIA The Shipping Corpn of India Ltd
ROMANIA, ZECHOSLOVAKIA ‘Shipping House’ 245 Madame
EGYPT,GDR Cama Road, Mumbai 400 021
(CABLE: SHIP INDIA, BOMBAY).TELEX: 312209

SCID III. TEL:232666-232785

e) Black Sea ports of Bulgaria & Romania The Secretaries,
Indo SovietShipping Service C/o, The Shipping Corpn of India Ltd,
Mumbai 400 021 (CABLE:

SHIP INDIA:BOMBAY FOR SOVINSHIP)

f) POLISH Ports POLAND The Secretaries, Indo Polish
Shipping Service, C/o, Shipping
Corpn of India Ltd, ‘Shipping House,245MadameCama Road, Mumbai 400021
(CABLE: SHIP INDIA, BOMBAY).TELEX: 312209
SCID III. TEL:232666

g) Other areas (including the Black Sea Shipping arrangements will be Ports of USSR)
made directly or through Shipping Corporation of India Ltd,
Shipping House, 245 Madame Cama Road, Bombay 400 021.
(CABLE:SHIP INDIA:BOMBAY)
TELEX:312209 SCID III TEL:
232666-232785.

          2. Bills of Lading – The Bills of Lading should be drawn to indicate ‘Shipper’ and
             ‘Consignee’ as under:-

              SHIPPER : THE GOVERNMENT OF INDIA

              CONSIGNEE: As per Consignee’s particulars in the Purchase Order (The name
              and address of the ‘port consignees’ and ‘ultimate consignees’ should both be
              indicated) "Controller of Stores (shipping),central railway,Mumbai CST,PIN
              400001" is PORT-CONSIGNEE.
       3. The Contractor must despatch the following documents to Port Consignee by
          "Courier Service" immediately after shipment, with a view to ensure the receipt of
          the documents at least 20 days in advance of the arrival of the cargo at the Indian
          Port.

       a. One copy of original Negotiable Bill of Lading and one copy of non-negotiable
          Bill of Lading.
       b. Commercial Invoice separately for each consignee showing value of goods in
          triplicate.
       c. Copy of inspection certificate
       d. Packing list/shipping specification in duplication.
       e. Country of Origin Certificate.
       f. Statement showing the name of the steamer, description and weight of material
          and shipping marks.
       g. Copy of the cable/letter of closing particulars furnished to Insurance Company.

           Two non-negotiable copies of each of the Bill of Lading should also be forwarded
           to the Shipping Co-ordination Officer, Shipping Co-ordination & Chartering
           Division, Ministry of Shipping & Transport, New Delhi after shipment of Stores.

           One set of entire shipping documents listed above shall also be submitted at the
           same time to-

       a. Purchaser and
       b. Respective ultimate consignee.

29. Excise Duty refund – Please note that in case any refund of Excise Duty is granted to the
    Contractor by Excise Authorities in respect of stores supplied under the contract, the
    contractor will pass on the credit to the Purchaser/Manager/Proprietor/Accountant that
    the credit so passed on relates to the excise duty originally paid for the stores supplied
    under the contract. In case of contractor’s failure to do so within 10 days of the issue of
    the excise duty refund orders to him by the Excise Authorities, the purchaser would be
    empowered to deduct a sum equivalent to the amount refunded by the Excise Authorities
    without any further reference to the contractor from any of his outstanding bills against
    this or any of the pending Govt contracts and that no dispute on this account would be
    raised by you.
30. Book Examination clause:- The contractor shall whenever called upon and required to
    produce or cause to be produced for examination by any Government Officer duly
    authorised in that behalf, any cost or other account book of account, voucher, receipts,
    letter, memorandum, paper or writing or any copy of or extract from any such document
    and furnish information any wise relating to such transaction and procedure 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 for verifying or
    ascertaining the cost of execution of this contract (the decision of such Government
    Officer on the question of relevancy of any document. Information of return being final
   and binding on the parties). The obligation imposed by this clause is without prejudice to
   the obligation of the under any statute ,rules or orders shall be binding on contractor.

           30.1 The Contractor shall, if the authorised Government Officer so required
           (whether before or after the prices have been finally fixed), afford facilities to the
           Government Officer concerned to visit the contractor’s work for the purpose of
           examining the process of manufacture and estimating or ascertaining the cost of
           production of the articles. If any portion of the work be entrusted or carried out by
           a sub-contractor or any of its subsidiary or allied firm or company, the authorised
           Government Officer shall have the power to examine all the relevant book of such
           sub contractor or any subsidiary of allied firm or company shall be open to this
           inspection as mentioned above.

       2. If on such examination it is established that the contracted price is in excess of the
          actual cost plus reasonable margin or profit, the purchaser shall have the right to
          reduce the price and determine the amount to a reasonable level.
       3. 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 the date the notice is received by the contractor, or its agencies calling for
          the production of documents as Para 30.0 above. In the event of contractors or his
          agencies failure to do so the contract price would be reduced and determined
          according to the best judgement of the purchaser which would be final and
          binding on the contractor and his agencies.

29. Increase/decrease of quantity- In respect of contracts valued over Rs.5 lakhs, the
    purchaser shall be entitled at any time before 90 days of the date of delivery or the
    extended date of delivery as stipulated in the contract, to increase or decrease the ordered
    total quantiteis of each description of stores shown in the schedule by not more than 30%
    of the ordered total quantity at the same price, terms and conditions as stipulated in the
    contract by giving a notice in writing of 90 days to that effect to the contractor and the
    contractor shall be bound to supply the quantities as ordered according to the revised
    delivery schedule advised by the purchaser. The revised delivery schedule shall be fixed
    by the purchaser on the basis of the original offer of the contractor.
30. "In the vent of a contract being cancelled for any breach committed and the purchaser
    effecting repurchase of the stores at the risk and cost of the contractor, the purchaser is
    not bound to accept the lowest tender of a benami or allied or sister concern of that
    contractor."

								
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