Terms And Conditions
- Permit: The Vendor shall arrange all necessary permits, if any, such as entry / exit permits to deliver Material.
- In Transit Insurance: Any damage In-transit shall be covered by Vendor and faulty Material shall be replaced at no extra cost. Warranty of any supply starts from the point of receiving at site after quality check and Goods Receipt Note provided by company.
- Quality: Material shall be provided as per BOQ and any deviation in quality standard/ non-performance if found, Material shall be rejected immediately, and the Vendor shall provide replacement for such faulty Material at its own cost and expense.In case the Vendor fails to provide such replacement, the Company shall have the right to levy damages or to terminate the order at its discretion.
- The Company shall not be bound to accept the Material that does not comply with the quality/technical specification and no payment will be done for such Materials, which are not up to the mark in terms of quality and quantity as verified by the Company#s representative. The Vendor shall supply the Materials strictly within as per the specification/quality and the timeline as specified by the Company. In case of any failure to do so, the Vendor shall be liable for damages.
- Quantity: In the event the Vendor fails to supply the quantities as ordered by the Company under the Purchase Order, the Vendor shall be liable to pay damages of an amount equivalent to twice the value of such Materials not supplied by the Vendor or such higher amount as may be imposed by the Company in its sole discretion.
- Quality and Quantity Test: The Company shall, before taking the final delivery of the Materials, have the right to hold the material for a period of 24 hours for conducting the quality and the quantity test. The certification of quantity and quality by the Company#s representative shall be final and binding for the payment.
- Delay in Delivery: Material shall be provided within mentioned timeline and for any delay penalty shall be levied @0.5% per week off delay if approval on time extension has not been approved by company. Handing over of a particular lot of the Material by the Vendor to the Company shall be completed after the quantity and quality tests as mentioned above has been successfully conducted.
- Any Other Charges: Any charges such as loading/unloading, packing etc. if applicable shall be mentioned in the quotation and approval from company is required. Once the order is awarded these charges shall be considered in Vendor's scope.
- Indemnification: The Vendor shall defend, indemnify and hold harmless the Company, its group companies, agents, affiliates, employees and representatives (#Company Indemnified Parties#) against all liability, claims, suits, losses, damages, costs and demands, including reasonable legal expenses and attorney's fees which are made or brought against or incurred by the Company Indemnified Parties, arising as a result of any breach or non-performance of the obligations of the Vendor under this Purchase Order, breach or falsity of any representation, warranty, covenant, obligations or any negligent act and willful
misconduct act or omission or fraud of the Vendor, its agents, employees, personnel, representatives or any related parties. The Vendor shall be responsible for all its men, material, tools and tackles, plants, equipment, etc. brought to the site in
performance of its obligations under this Purchase Order. The Company will not be responsible, under any circumstances, for any theft, damage, or loss attributable to the Material, its employees/labor, contractors, agents etc. and shall indemnify the
Company against all claims which are made or brought against the Company.
- Termination: The Company may, without prejudice to any other rights and remedies available under law or contract, terminate this Purchase Order on failure of the Vendor to supply Materials which conform to the specifications/quality and quantity as given by the Company and or other breach or noncompliance by the Vendor.
- Governing Law: This Purchase Order shall be governed by the laws of India.
- Dispute Resolution: Any dispute in relation to this Purchase Order shall be referred to arbitration to be administered in accordance with Indian Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of sole arbitrator. The seat of the arbitration shall be in New Delhi.
- Miscellaneous:
- Notice: All written notices required hereunder will be deemed to have been given when
- delivered in person,
- when via post it will be deemed to have been given two (2) business days after being sent by registered post, or by ovemight courier with a confirmation copy thereof, or
- sent via email at the following address
For Company [#]
For Vendor [#]
- Anti Bribery: The Vendor shall comply with all applicable anti-corruption laws and regulations and shall not directly or indirectly through a third party, pay, offer, promise to pay, or give anything of value to any person, including an employee or official of a government, government controlled enterprise, or company or political party, for purpose, of or knowing that it will be used for obtaining any improper benefit or to improperly influence any act or decisions by such person or party for obtaining, retaining or directing business.
- Compliance with laws: The Vendor shall be solely responsible for all manpower, labor, employees, or personnel engaged in relation to performance of its obligations under this Purchase Order and shall be responsible to comply with all provisions of applicable laws including labor laws. The Vendor shall abide by all safety rules and regulations of International Finance Corporation (IFC) Performance Standard 2
(https://www.ifc. org/wps/wem/connect/2408320f04f47 9a8ac76a88e3152da/bP7S2 English 2012.pdf?MOD= AJPERES) (PS 2).