General terms and conditions

Sl No. Description
1 Tenderers are to carefully go through the terms and conditions and the technical specification of the items for which offers are called for. Deviations, if any, shall be specifically brought out in the offer.
2 Offers are to be furnished in duplicate and should be free from overwriting. Corrections and additions, if any, must be attested.
3 Indigenous tenderers should quote prices for delivery of materials at CSL stores. Insurance shall be arranged by CSL.
4 Overseas firms should quote prices both on FOB and C&F Cochin terms.
5 Prices should be valid for acceptance for a period of four months from the date of opening of quotation.
6 No enhancement of rate for whatever cause will be allowed once the offer is accepted and an order is placed. Withdrawal of the quotation after it is accepted or failure to make the supply within the stipulated delivery period, will entail cancellation of the order and forfeiture of Earnest Money Deposit/Security deposit, if any and/or risk purchase.
7 Sales Tax, Excise Duty and other taxes and duties, if any, payable extra are to be indicated in the price part for single bid and in techno-commercial part for two bid.
8 Delivery time required for supplies should be indicated in the offer.
9 CSL terms of payment are full payment within 30 days from the date of receipt and acceptance of material. Please confirm in your offer that our terms of payment are acceptable to you.
10 The firm/bidder winning the contract shall sign an agreement with Cochin Shipyard Ltd for “Fall clause”. Accordingly, during the contract period the firm/bidder cannot offer the item/s to anyone else at rates lower than the rates quoted, or the same lowest rate shall be applicable to the contract with CSL.
11 Manufacturer’s name, their trade mark and brand, if any, should invariably be mentioned and illustrative leaflets giving technical particulars etc., should be attached to the offer.
12 Materials offered shall conform to CSL specifications and drawings.
13 Samples are to be supplied free of cost in the event of requirement by CSL. The detailed working drawing, if called for, is also to be furnished for approval before commencement of manufacture.
14 The quantities in each item to be purchased may vary according to actual requirement at the time of placing orders.
15 Security Deposit:-The successful tenderer must remit a security deposit of 10% of the order value by way of Bank Guarantee as per CSL format from a Nationalised or Scheduled Indian Bank if an order is placed on him towards satisfactory performance of the contract and for enforcement of agreed performance guarantee as per the Guarantee clause. The Bank Guarantee should be initially valid till completion of supplies and later revalidated to cover the guarantee period indicated at clause 19 plus a grace period of 3 months.
16 Force Majeure condition:- Should failure in performance of the contract or part thereof arise from war insurrection, restrain imposed by Government, Act of Legislature or other Statutory Authority or illegal strike, riot, legal lock-out, flood, fire, explosion, act of God or any inevitable or unforeseen event beyond human control which may be construed as reasonable ground for an extension of time, CSL may allow such additional time as is mutually agreed, to be justified by the circumstances of the case. The occurrence/ cessation of force majeure situation is to be informed with documentary evidence within 15 days from the date of occurrence/cessation.
17 Liquidated Damage:- In case of delay in supply of ordered materials beyond the stipulated delivery period, supplier is to pay Liquidated Damages (and not by way of penalty) a sum equivalent to ½%(half percent) per week or part of the week of the order value in the case of Machinery/Equipment and of the value of materials delayed in the case of all other items, subject to a maximum of 10% of the order value
18 Risk Purchase:- If the supplier fails to supply the items ordered within the delivery date or violate any of the terms and conditions of the purchase order, CSL shall have the following rights a. To terminate the contract with 15 days notice forefeiting the security deposit. b. To initiate alternate procurement action at the risk and cost of the supplier.
19 Guarantee:- The goods supplied shall be guaranteed for satisfactory performance for 12 months from the date of delivery of the ship to owners in respect of ship building items (12 months from the date of commissioning for all other items) against faulty design, defective materials and bad workmanship. Supplier should supply and install free of cost immediately any part found to be defective for the above reasons within the guarantee period.
20 Suppliers are allowed to depute their authorized representative to be present at the time of opening of the tender.
21 Indian Agent: Cochin Shipyard Ltd., is a fully owned Govt. of India Enterprise and prefers to dealdirectly with the supplier. However, if the supplier appoints an Indian Agent to deal with Cochin Shipyard Ltd., the commission payable by the supplier to such an agency shall be intimated.
22 Purchase Preference: Central Public Enterprises are eligible for purchase preference as per Memorandum No: DPE 13-(12)/2003-FIN-VOL II DT 18 Jul, 2005 issued by the Department of Public Enterprises, Ministry of Heavy Industries & Public Enterprises, Government of India.
23 All questions, disputes or difference arising under, out of, or in connection with contracts shall be subject to the exclusive jurisdiction of the Courts at Ernakulam.
24 Cochin Shipyard Limited does not bind itself to accept the lowest or any tender but reserves to itself the right to reject any or all or a part of any tender at its discretion.
25 In case any of the above conditions is not acceptable to the tenderer, it should be specifically indicated in the tender failing which it will be presumed that all the terms and conditions are acceptable .

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