8. Access to Vendors Premises: The owner & / OR his Authorized representative shall be provided access to vendors & / OR his sub- vendors premises, at any time during the pendency of the order for expediting inspection checking etc. of working.
9. Removal of Rejected Goods & Replacement: If upon delivery, whether inspected & approved earlier or otherwise, the material / equipment is not in conformity with the specifications, the same shall be rejected by the Purchaser or his duly authorize
representative & notification to this effect will be issued to the vendor normally within 30days from the date of Receipt of the material at the works / site /office.
The vendor shall arrange removal of the rejected items within 15 days from the date of notification. In the event, the vendor fails to lift the materials within the 15 days the Owner shall be at liberty to dispose of such rejected items in any manner as he may think
fit. All expenses shall be recoverable from the vendor.
10. Terms of Payment: The payment will be made by the Owner to the vendor on accordance with the terms & condition specified in the Purchase Order. All payments shall normally be made from the office of the purchaser situated at RGPPL, At-Post: Anjanwel,
Tal: Guhagar, Dist: Ratnagiri, PIN: 415634
11. Payment at reduced rates: If the goods supplied are not according to specifications stipulated in the order, RGPPL may retain the goods at its discretion after negotiations and agreement with the supplier and pay at reduced rates
to be fixed by RGPPL.
12. Additions / Alterations / Modifications:
The owner reserves the right to make additions / modifications to quantity of the items in the Purchase Order. The vendor shall supply such quantities also at the same rate as originally agreed to & incorporated in the Purchase Order. If, however the additional
work is at variance in design, size & specifications & not already covered by the Purchase Order or the amendments therein, the rates for such additional work shall be negotiated & mutually agreed.
13. Delivery Schedule:
The time is the essence of this order & no variation shall be permitted in the delivery time / delivery scheduled mentioned in the Order. Delivery of the equipment / material described shall be deemed to constitute acceptance of this order & Terms & Conditions by
the vendor at the price specified.
14. Liquidated Damages for Delay in Delivery:
4.1 In case of any delay in the execution of the Order beyond the stipulated date
Of delivery/ delivery schedule including any extension permitted in writing the Owner reserves right to recover from the vendor a sum equivalent to 0.5% of the value of the delayed materials / equipments for each week of delay & part thereof subject to
maximum of 5% of the total value of the Order.
4.2 Alternatively, the purchaser reserves the right to purchase the materials / Equipment from elsewhere at the sole risk & cost of the vendor & recover all such extra cost incurred by the purchaser in procuring the mentioned above procedure.
4.3 Alternatively, the purchaser may cancel the Order completely or partly without Prejudice to his right under alternative mentioned above.
4.4 In event of recourse to alternative 12.2 & 12.3 above the Owner will have the Right to repurchase the stores which are readily available to meet the urgency in requirement caused by vendor’s failure to comply with the schedule delivery irrespective of the
fact whether the materials/equipments are similar or not.
15. Source of Supply:
The vendor shall ensure that the indigenous capacity is utilized to fullest extent possible in execution of the Order. Where the imports are unavoidable all such items shall be imported by the vendor in good time against his own import license without effecting the
contractual delivery schedule.
16. Patent Rights:
Royalties & fees for patents covering materials/equipment or processes use in executing the work shall be to the account of the vendor. The vendor shall satisfy all demands that may be made at any time for such royalties & fees & he alone shall be liable for
damages infrigmented & shall keep the purchaser indemnified in that regard in the event of any equipment / material or part thereof supplied by the vendor is involved in any suit or other proceedings held to constitute the use of such equipment / material replace
it with a non-infringing material / equipment or modify it so it become non-infringing.
17. Force Majeure:
Vendor shall not be considered in default if delay in the delivery occurs due to Causes beyond his control such as acts of God, Natural calamities, civil wars, Strikes, fire, frost, floods, riot, & acts of unsuppressed power. Only those causes Which have duration of
more than 7 days shall be considered cause of force / Calendar majeure. A notification to this effect duly certified by local chamber of commerce / statutory authorized shall be given by the vendor to the Owner by registered latter. In the event of delay due to
such causes the delivery schedule will be extended for length of time equal to the period of force majeure or at the option of the Owner. The order may be cancelled. Such cancellation would be without any liability whatsoever on the part of the Owner. In the
event of such cancellation the vendor shall refund any amount advanced or paid to the vendor by the Purchaser & deliver back any materials issued to him by the Purchaser & release facilities if any provided by the purchaser.
18. Termination/Cancellation
The Employer may terminate the Order/Contract, by not less than thirty (30) days’ written notice of termination to the Supplier, to be given after the occurrence of any of the events specified in paragraphs (a) to (d) of this Clause and sixty (60) days’ in the case
of the event referred to in (e) below:
a) if the Supplier does not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Employer may have subsequently approved in writing;
b) if the Supplier becomes insolvent or bankrupt;
c) if as a result of Force Majeure, the Supplier is unable to perform a material portion of the Services for a period of not less than sixty (60) days; or
d) if the Supplier, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing or in executing the Contract.
e) For the purpose of this clause:
f) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution.
g) “Fraudulent Practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the Employer.
h) if the Employer, at its sole discretion, decides to terminate this Contract.In event of termination of Order/Contract, the Employer shall pay to the Supplier/Contractor the Contract Price, properly attributable to the works/supplies executed by the
Supplier/Contractor as on the date of termination. However, any sums due to the Employer from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Supplier under this Order/Contract.
19. Waiver: Any waiver by the owner of any breach of the terms & conditions of order shall not constitute any subsequent breach of the waiver of any other right or conditions.
20. Compliance of Regulations: The vendor shall warrant that all goods & / OR services covered by this Purchase Order shall have been produced, sold, Dispatched, delivered, tested & commissioned in strict compliance with all applicable laws, regulations including
industries (Development & Regulations) Act.1951 & any amendments there under, labor agreements, working conditions & technical codes & requirement as applicable from time to time.
The vendor should execute & deliver such documents as may be needed by the Purchaser in evidence of compliance. All laws rules & regulations required to be reference. Any liability arising out of contravention of any of the laws on executing this order shall be
the sole responsibility of the vendor & the owner shall not be responsible in any manner whatsoever.