The contract shall commence from the date of issue of this Purchase order.

Transcription

1 NUCLEAR POWER CORPORATION OF INDIA LTD (A Govt. of India Enterprises) MADRAS ATOMIC POWER STATION KALPAKKAM SECTION -B TO P.O NO.CMM/MAPS/CMMS/45258/MANUAL-PO/3345 DT COMMERCIAL TERMS & CONDITIONS 1.0 PERIOD OF CONTRACT: The contract shall commence from the date of issue of this Purchase order. 2.0 WORKING HOURS The transport contractor shall be responsible for performing all or any of the services detailed in and arising out of the contract, round the clock throughout the period of this contract without any additional remuneration or whenever so required by the Head (C&MM), Madras Atomic Power Station, Kalpakkam or an officer acting on his behalf. 3.0 NATURE OF WORK WHICH THE TRANSPORT CONTRACTOR SHALL BE REQUIRED TO PERFORM:- The transport contractor shall render the following services as directed by the Head, Contracts & Materials Management NPCIL, MAPS Kalpakkam or any officer acting for and on his behalf. The Transport contractor shall perform all such auxiliary and incidental services and operations as may be necessary in the course of performing the contract. a) Road transportation of all kinds of goods of Nuclear Power Corporation of India Limited, Kalpakkam. b) Auxiliary and incidental services and operating as may be necessary for and in the course of performance of the contract. 4.0 INSTRUCTION FOR WORK LIASION ETC.,: 4.1. The Transport Contractor will normally receive complete instructions from Head Contracts & Materials Management Group, Nuclear Power Corporation of India Ltd Madras Atomic Power Station Kalpakkam or by any officer or officers acting for and on his behalf. Any decisions or major issues or policy matters regarding transportation work will be issued by the Head, Contracts and Materials Management, MAPS Kalpakkam. Cont 2/-

2 The transport contractor will have to maintain close liason with the Head, Contracts & Materials Management Group, NPCIL, MAPS Kalpakkam or his nominee and carryout the work entrusted to them with full sense of responsibility and to the best interest of the Corporation. 4.3 The transport contract shall invariably attend/ approach consignee/ suppliers/ sales tax officers/ octroi check post office and/ or any other authorities as and when required for collection of data, particulars etc., to complete the transportation work. 5.0 SERVICES TO BE PERFORMED BY THE TRANSPORT CONTRACTOR: The Transport Contractor shall render all or any of the services stipulated herein after and as directed from time to time by the, Head Contracts & Materials Management NPCIL, MAPS, Kalpakkam or any officer acting for and on his behalf. If the Transport Contractor fails at any time to render all or any of the services under the contract satisfactorily in the opinion of the, Head, Contracts & Materials Management NPCIL, Kalpakkam (whose decision shall be final and binding on the Transport Contractor) he may at his option get the work done by other parties at the risk and cost of the transport contractor. 6.0 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR: 6.1 As specified stores are required to be transported from a specified place to other specified place in Section-A attached to this contract, intimation of the requirement of vehicle will be given by the officers authorized to operated this contract over the telephone normally on the date previous to the day when the services are required and it shall be responsibility of the contractor to meet the requirement in full as specified on the date and time and place required. 6.2 In case of urgency, the contractor, if called upon to provide the services contemplated in the contract on the day of intimation itself, the same shall be provided except in those cases where the contractor could convince that providing of vehicle as instructed would not have been practicable to provide on the day of intimation itself due to valid reasons. In such case, the decision of Head (C&MM) or the officer authorized by him in this regard, shall be final and binding on the contractor. 6.3 The consignment shall be transported at carrier s risk only without any transshipment en-route. 6.4 It shall be the responsibility of the Contractor to provide standard materials handling equipments and lashing and packing materials like sleeper, rollers, crow bars, ropes, tarpaulin, etc., Cont 3/-

3 The type of vehicle required for transportation of material will be selected by the consignor/ authorized officer. It shall be responsibility of the contractor to obtain certificate from the consignor on L/R regarding the type of vehicle requisitioned for transportation and authorizing payment for hiring the full lorry / trailer. 6.6 In case of materials weighing less than the capacity of the truck/ trailer, but has to be transported by hiring a full truck/ trailer, the consignor shall certify the same on the L/R for full truck load payment. 6.7 Transport contractor will ensure that under no circumstances, full truck/ trailer is utilized for carrying under load materials without specific written instructions from the consignor. 6.8 In the event the stipulated jobs as contemplated while hiring the vehicles could not be completed, due to the negligence on the part of the contractor and/ or his servants and agents, no payment shall be effected towards the same. 6.9 The hiring authority reserves the right to return vehicles without any payment in case the vehicle supplied is found be to be defective or not fit for the job for which it was hired The contractor shall also be responsible to make good any loss the hiring authority might suffer, due to the contractor s faulty by way of crane charges (for reserving and keeping the crane idle) and loss time in respect of officials posted to supervise the work. The decision of the Corporation shall be final and binding on the contractor It is obligatory on the part of the contractor to supply the exact number of vehicles of the required capacity and type asked for. If the contractor fails at any time to render the services under the contract satisfactory in the opinion of Head (CMM) MAPS or an officer acting for and on behalf (whose decision shall be final and binding on the contractor) he may at his option get the work done by the other parties at the contractor s risk and cost. Any extra expenditure that the Corporation might have to incur in this regard, shall be recovered from the contractor and the contractor shall not, however, be entitled to any saving on this account The contractor shall take all steps to prevent losses and damages to the property/goods of the Corporation in the course of the performance of the work under the contract and shall make good any loss or damage incurred due to the negligence on the their part. The decision of the Corporation in this regard shall be final and binding on the contractor. Cont 4/-

4 The contractor shall be responsible for all losses or damages due to any cause whatsoever from the time they receive the material and during the period it is held by them till the time the material are delivered at the specified point. The assessment of losses referred to above shall be determined by the Corporation or its nominee and the decision taken by him shall be binding on the contractor It shall be the responsibility of the contractor to provide sufficient accommodation/sitting place without any extra expenditure to the representative of the Corporation who may accompany the materials All the expenses connected with the permits required for transportation of the consignments shall be borne by the transport contractor The consignment shall be lifted as and when required and shall be delivered at destination within the stipulated time given in Schedule-A depending on distance for truck loads and for small thereafter The consignment is to be transported subject to payment of octroi and other charges, if any, and therefore the contractor is required to pay such charges at the octroi check post and claim the same at actual in their bills If the vehicle is detained at the loading point or unloading point due to circumstances beyond our control, no detention charges will be paid. Similarly, if the vehicle reaches destination on one of the holidays or after office hours of the consignee no detention charges will be paid The corporation shall not be responsible for payment of any compensation to the contractor for injuries his servant/ agent might suffer during the performance of the contract or damage to vehicle under any circumstances, whatsoever. 7.0 LIABILITIES OF CONTRACTOR REGARDING LOSSES / DAMAGES: The contractor shall abide by all the instructions that may be given from time to time by the Corporation or by an officer authorized to act on behalf of the Corporation and/ or by other officers authorized to operate this contract. The contractor shall be bound to act with due diligence and shall be responsible to pay due compression towards any loss/damage that the consignor / consignee might suffer in consequence of the servants and/ or agents. Cont 5/-

5 PAYMENT TO THE TRANSPORT CONTRACTOR FOR SERVICES RENDERED UNDER THE CONTRACT: The rates stipulated in the Section-A attached are firm and fixed and no price escalation will be allowed during this period. Bills for work done will be submitted by the transport contractor in a manner prescribed shall be submitted to Head Contract & Materials Management Group, MAPS Kalpakkam or an officer acting for and on his behalf. Payment of bills will be made by the Manager (F&A) Kalpakkam As soon as possible after submission of proper and correct bills through Head (C&MM) MAPS Kalpakkam, Income tax as applicable will be deducted from the contractors bill. A) Service Tax extra as applicable shall be borne by the supplier. B) Income tax as applicable will be deducted from the contractor s bills. 9.0 FORCE MAJEURE CLAUSE: 9.1 Force Majeure is herein defined as any cause which is beyond the control of the Contractor or the Purchaser, as the case may be, which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract, such as, 9.2 Natural phenomena, including but not limited to floods, droughts, earthquakes and epidemics. 9.3 Acts of any Government, domestic or foreign, including but not limited to hostilities, riots, civil commotion and declared lock-out in Contractor's works. 9.4 Provided that Parties shall not be liable for delays in performing their obligations resulting from any Force Majeure cause as referred to / or defined above. The date of completion will, subject to hereinafter provided, be extended by a reasonable time even though such cause may occur after Contractor's performance of his obligations has been delayed for other cause. However, the contractor is not entitled to increase in statutory levies and price variation that has come into force during the extended delivery period SUBLETTING OF THE CONTRACT: The Transport Contractor shall not sublet, transfer or assign the contract or any part thereof, without the previous written approval of the Corporation. The transport contractor shall be responsible for the demurrage incurred and/or losses suffered by the Corporation in case of their failure to abide by this condition. Cont 6/-

6 SUMMARY TERMINATION: In the event of the transport Contractor going into liquidation or winding up their business, or making arrangements with their creditors or failure to observe any of the provisions of the contract, Corporation shall have right to terminate the contract forthwith in addition to and without prejudice to any other rights for remedies. The Corporation will also be entitled to claim from the transport contractor any costs or expenses or losses that corporation may incur by reasons of the breach of the contract or part of the contract. The Corporation also reserves the right to divert the cargos originally allotted from the transport contractor to another transport contractor as can be deemed fit and proper, any time during the pendency of the contract, at the sole expense, risk and responsibility of the former transport contractor from whom the work of transportation shall be diverted if found to be unsatisfactory and is detrimental to the interest of the ultimate consignee. Such diversion shall be carried out at the discretion of the, Contract & Materials Management Group, NPCIL, MAPS Kalpakkam DEFINITION OF DISTANCE: Distance would mean distance by the shortest route JURISDICTIION LAW GOVERNING THE CONTRACT: The courts in Mumbai shall have jurisdiction to deal with and decide any dispute arising out of this contract. The contract shall be governed by the law of India for the time being in force OTHER TERMS AND CONDITIONS OF CONTRACTS: Other terms and conditions of contracts: All other terms and conditions applicable to this contract will be governed by the general terms & conditions contained in CMM-22 Rev-4. (S. Balaji) Sr. Manager(C&MM) for and on behalf of NPCIL