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GENERAL CONDITIONS OF JNPT CONTRACT (6)
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GENERAL CONDITIONS OF JNPT CONTRACT
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GENERAL CONDITIONS OF JNPT CONTRACT (4)

3.31 TIME OF ACCEPTANCE:

The supply, delivery and Installation of the equipment/ items at site shall be deemed to have been accepted by the Port when the same shall have been installed, tested & commissioned and the Engineer In-charge shall have issued the final acceptance certificate as per clause 3.36.4.

3.32 TERMS OF PAYMENT:

The payment to the Contractor for acquisition of New RTYGCs under this Contract shall be effected by the JNPT through irrevocable Letter of Credit (L.C) against stage wise payment, as detailed below. The Charges towards opening of L.C. within India shall be borne by the Employer and charges towards opening of L.C. outside India shall be borne by the Contractor. The initial advance payment made against this Contract will carry an interest @ Prime Lending Rate of State Bank of India as on the date of release of advance + 2% per annum. The period for such levy of interest shall be reckoned from the date of release of advance payment by the Employer till the receipt of the new RTYGCs at Employer\'s site in good condition. This interest amount on advance payment shall be recovered by the Employer from Second stage payment due to the Contractor against CIF/EX-Works Price component of the Equipment. In case, the tenderer wish to have an initial advance at an amount less than the 20% as specified above or no advance, the tenderer shall clearly specify the same in their offer and submit along with Statement of Deviation. In this situation, the difference or full amount as the case may be of initial advance, will be paid by the JNPT to the successful tenderer only after commissioning of equipment at site along with final payment (fourth stage) under this contract. The Tenderer shall clearly indicate the percentage wise requirement of Indian currency and US Dollars in their Price Schedule. However, payment portion of the US Dollars shall be subject to clearance, required if any, from Reserve Bank of India (RBI). Any charges against extension of LC for whatsoever reasons shall be borne by the Contractor both in India and outside India. Following are the various stages for the payment, under the terms and conditions of this Contract; .1 Price of Crane: The CIF/Ex-works Price component, of equipment, of Price schedule .2 Service components of Price (except training and Warranty Support) item of Price schedule .3 Training Charges: Charges for Training as mentioned in the LOA shall be paid after completion of Training of JNPT Personnel and issuance of certificate for completion of training by Engineer Incharge, as per terms of Contract. .4 Payments towards Spare Parts / Tools as listed out at Schedule 1 (Vol-I), shall be made in two stages as mentioned below; .5 Payment for rendering Warranty Support: Charges for rendering Warranty Support as mentioned in the LOA shall be paid after satisfactory completion of Warranty period as per clause 3.58 of the tender and issuance of certificate by the Engineer In-charge. .6 Payment of Custom Duty and Excise Duty Payment related to Custom Duty (for overseas suppliers) and Excise Duty (for Indian suppliers) as per applicable rates paid by the Contractor on the imported Equipment/items and Indigenous Equipment/items respectively and which will become the property of JNPT under the Contract will be reimbursed at actual to the Contractor against production of satisfactory documentary evidence. Such reimbursement on account of Excise/Custom duty/ taxes shall be limited to the total completion period as stipulated in the Contract for Supply and handing over of the Equipment/Items. In the case of any hike in the Excise/Custom duty/ taxes applicable beyond the stipulated Completion Period of the Contract, the same shall not be considered by the Employer for re-imbursement for whatsoever reasons. In case of payment of Custom Duty, all the co-ordination in this regard shall be done by the Tenderer or his local representative in case of a Foreign Supplier for getting necessary clearance from Customs and Assessment of the Duty component. Port Trust intends to avail the Export Promotion Capital Goods (EPCG) scheme for Custom Duty concession in case of imported goods. The custom duty under EPCG scheme would be 3% of CIF value of the equipment and Spares up to 20% value of the capital goods can be purchased along with the equipment as per current EPCG Policy in force.

3.33 Payment of, sales Tax, Local Tax and Levies

.1 The Contractor shall pay all taxes, levy and duty which he may be liable to pay to State Govt or Govt. of India or any other authority under any law for the time being in force in respect of or in accordance with the execution of work. .2 Sales tax, local tax and other levies other than Service Tax under the heading. Other taxes if any, payable?in the Price Schedule-I of this Tender Document, shall be applicable. However if the tax applicable at the time of execution of the contract is less than quoted rates, the contractor shall claim only the tax at actual. Any increase in applicable taxes after submission of Bid will be considered for reimbursement in case the rate of the taxes is increased within the date of completion of the contract. Any increase in taxes after completion date shall be borne by the tenderer. The Contractor shall submit satisfactory documentary evidence before raising any claim in this regard. .3 Payment of Service Tax: Service Tax at the applicable rates on the service components shall be paid by the Port.

3.34 INCOME TAX DEDUCTION:

Income tax, if any as per the relevant provision of the Income Tax Act shall be deducted at source from any payment payable to the Contractor.

3.35 NO INTEREST ON ACCOUNT OF DELAYED PAYMENTS:

Any claim for interest will not be entertained by the JNPT with respect to any payment or balance which may be in their hands owning to any disputes between themselves and the Contractor or with respect to any delay on part of the JNPT in making payment.

3.36 CERTIFICATE AND PAYMENT

.1 Certificate of payment The Contractor may at the times and in the manner following apply for interim and final certificates as referred to in Clause 3.32 (Terms of Payment - Volume-I of Tender Document) for Plant shipped to the site and for work executed on the site. .2 Certificate for receipt of Equipment at site Application for Certificate for receipt of Equipment at site may be made to the Engineer In-charge against arrival and safe unloading of cranes and spares at JNP accompanied by certificate for ready to shipment issued by Third Party Inspecting Agency, inspection release note, certificate for receipt of all parts of entire equipment in safe condition at site by Third Party Inspection Agency, certificates from Marine Insurance Company & Indian Insurance Company which covers all risks and other documents as the Engineer In-charge may reasonably require. Application shall state the amount claimed and shall set forth in detail, in the order of the schedule of Prices, particulars of the equipment received at the Site along with declaration of the contractor to this effect. The Engineer In-charge shall issue to the Contractor a Certificate for receipt of Equipment at site within 14 days after receiving an application thereof. .3 Issue of Provisional Certificate: Application for Provisional Certificate for satisfactory commencement of commercial operations of Equipment may be made to the Engineer In-charge against release of equipment for commercial operations accompanied by undertaking that the pending punch list items shall be attended within 6 weeks from the date of this application. The Engineer In-charge shall issue to the Contractor the Provisional Certificate for Commercial Operations within 14 days after receiving an application thereof along with punch list. .4 Issue of Final Acceptance Certificate Application for Final Acceptance Certificate of Equipment may be made to the Engineer In-charge against satisfactorily attending of punch list items and after the Contractor has ceased to be under any obligation under Clause 3.5 provided that, if a Provisional Certificate has been issued in respect of any Section or Portion of the Works, the Contractor may apply for a separate final certificate at any time after the said obligation has ceased in relation to such Section or Portion. Where the Contractor has carried out replacements or renewals to the Works in compliance with Clause 3.30 the Contractor'/s obligations shall continue, but the right of the Contractor to apply for a final certificate other than for the replacements or renewals shall not be affected by that fact and after the Contractor has ceased to be under any obligation under Clause 3.30 in respect of the replacements or renewals he may apply for a final certificate in respect thereof. If the punch list items are attended within 6 weeks from the date of issue of provisional certificate, then the Final Acceptance Certificate shall be issued with effect from the date of issue of Provisional Certificate and in case the punch list items are completed beyond 6 weeks from the date of issue of provisional certificate, then the Final Acceptance Certificate shall be issued with effect from the date of Application for Final Acceptance Certificate after verification of completion of punch list items by Engineer In-charge. The Engineer In-charge shall issue to the Contractor the Final Acceptance Certificate within 28 days after receiving an application thereof. .5 Final Certificate conclusive A final certificate shall, save in the case of fraud or dishonesty relating to or affecting any matter dealt with in the certificate, be conclusive evidence as to the sufficiency of the Works and of the value thereof unless any proceedings arising out of the Contract whether under Clause 3.51 (Dispute Resolution - Volume-I of Tender Document) or otherwise shall have been commenced by either party before the final certificate has been issued or within three months thereafter. .6 Adjustment to Certificates If any sum shall become payable to the Contractor under the Contract otherwise than for work executed or Plant delivered, the amount thereof shall be included in the next certificate (interim or final) issued by the Engineer In-charge, and if any sum shall become payable under the Contract by the Contractor to the Employer, prior to the issue of the final certificate, whether by deduction from the Contract Sum or otherwise, the amount thereof shall be deducted in the next certificate. .7 Corrections and with-holding of certificates The Engineer In-charge may in any certificate give effect to any correction or modification that should properly be made in respect of any previous certificate. Engineer In-charge shall have power to withhold any certificate if the Works or any part thereof is not being carried out to his satisfaction.

3.37 GUARANTEE PERIOD FOR NEW RTYGCs:

.1 The new RTYGC抯 to be supplied under this Contract shall be guaranteed for a period of twenty four (24) months towards satisfactory performance of each components. The steel structures and paintings & anti-corrosions application shall be guaranteed for a period of sixty (60) months and thirty six (36) months respectively and same shall be in force from the date of final acceptance of the cranes, under this Contract, by the Engineer In-charge. The Contractor shall be responsible for any defects that may develop under proper use arising from faulty materials, designs, workmanship in the work but not otherwise and shall at his own cost remedy such defects when called upon to do so by the Engineer In-charge who shall state in writing in what respect any portion is faulty. .2 If it becomes necessary for the Contractor to replace or renew any defective portions of the supply of the items under this clause, the provisions of this clause shall apply to the portions of the supply so replaced or renewed until the expiry of 12 months from the date of such replacement or renewal or the above mentioned or guarantee period of 24 months, whichever may be later. If any defects are not remedied within a reasonable time, the Port may proceed to do the work at the Contractors'/ risk and expenses but without prejudice to any other rights, which the Port may have against the Contractor in respect of such defects. .3 If the replacement or renewals are of such a character as may affect the efficiency of the items supplied, the Engineer In-charge shall have the right to give to the Contractor within one month of such replacement or renewal notice in writing the '/Test on Completion'/ be made in which case test shall be carried out as provided in Clause 3.27.4 (volume-I). Costs of all the tests shall be borne by the Contractor. .4 All inspection, adjustments, replacement or renewal carried out by the Contractor during the period referred in this clause shall be subject to the conditions of this Contract which shall be binding on the Contractor in all respects during the guarantee period and extended guarantee period if any.

3.38 COMMISSIONING OF NEW EQUIPMENT:

.1 Contractor shall complete the whole work such as Design, Manufacture, Supply, Installation, Testing and Commissioning of the cranes with in a period stipulated in clause 3.12 (volume-I), from the date of issue of Letter of Acceptance. .2 Contractor shall arrange to commission the equipment after due Testing and approval of the Engineer In-charge within a minimum period from the date of Installation of the equipment at Employers'/ site and this period shall be considered within the total completion period stipulated in clause 3.12 (volume-I of Tender Document). All necessary testing materials, tools, slings etc. required for the Testing of the equipment shall be arranged by the Contractor at his own cost & risk. .3 Commissioning of equipment shall mean handing over of equipment for regular operations after completion of endurance test as per clause 9.6 of the tender (Vol-II), without compromising safety norms and satisfying all functional requirements without affecting the productivity of the equipment. i) Any punch item which is not affecting safety norms and functional requirements without affecting the productivity of the equipment shall be closed within six weeks from the date of commissioning of equipment and put in regular commercial operations to consider the date of commencement of regular commercial operations as the date of acceptance of the equipment. ii) In case punch items are not closed within six weeks from the date of commissioning of the equipment, the date of closure of punch item shall be considered as date of acceptance. Defect liability period shall commence from the date of final acceptance of the equipment.

3.39 REMOVAL OF MATERIAL ON COMPLETION:

The Contractor shall, on completion of the Works or when directed by the Employer, remove all plant, equipment, tools, materials, temporary constructions etc. and rubbish which may have been accumulated during the execution of the work, other than those permanently used into the Works, at Employer'/s site.

3.40 PERFORMANCE GUARANTEE BOND TOWARDS PERFORMNACE OF CONTRACT:

.1 Within 23 days of the receipt of the notification of the award of Contract from the Employer, the successful Tenderer shall furnish to the Employer, a bond in the form of a Bank Guarantee (B.G), from a Nationalised/ Scheduled Bank, having their branch in Mumbai, for an amount equivalent to 10% of the Contract Price (as indicated in LOA) guaranteeing the performance of the Contract as per the draft Bank Guarantee form at Annex-IV of this tender document. The validity of such bond issued, towards performance of the Contract, shall be up to the date of deploying the cranes in regular commercial operations after completing all due tests and successful completion of endurance test as per clauses 3.27 & 3.36.4 of the tender, with a claim period of 3 months thereafter. .2 Failure of the successful Tenderer to submit the required Performance Guarantee shall constitute sufficient grounds for termination of the Contract & forfeiting the Earnest Money Deposit. The BG submitted towards performance shall be returned after deploying the cranes for regular operations and after receipt of performance BG towards defect liability period and upon making application thereof by the contractor. .3 Performance Bond during Defect Liability period for 6 new RTYGCs: After successful completion of the work, final Testing & Commissioning of the crane and before handing over of the 6 new RTYGCs supplied to JNPT under this contract, the Contractor shall submit a B.G, for an amount equivalent to 10% of the Contract Price towards guaranteeing the performance of the new cranes during defect liability period as per the draft Bank Guarantee form at Annex-IV of this tender document. The validity of such bond issued shall be for a period of 24 months from the date of final acceptance certificate, with a claim period of 3 months thereafter. In this case, the para 1 of the BG format at Annex- IV may be suitably worded indicating the work of contract for 6 new RTYGCs only for this Guarantee. .4 Performance Bond after completion of Defect Liability period for 6 new RTYGCs: The contractor shall submit a Performance Bond, in respect of 6 new RTYGCs supplied under this contract in the form of B.G for an amount equivalent to 5% of the Contract Price, towards performance of steel structures and painting, at least 30 days before the expiry of validity of bond mentioned under clause 3.40.3 (Volume-I of Tender Document) as per the draft Bank Guarantee form at Annex-V (Volume-I) of this tender document. The validity of this bond shall be for a period of 36 months, after defect liability period, with 3 months claim period thereafter. In this case, the para 1 of the BG format at Annex- IV may be suitably worded indicating the work of contract for 6 new RTYGCs only for this Guarantee. .5 In the event of failure of Contractor to ensure the performance of the equipment, during the guarantee period and not responding to the requirement of the situation as indicated in clause 3.37 (volume-I of Tender Document), of this tender document and if the Employer is compelled to encash the B.G to meet the situation, the Contractor shall revalidate the said guarantee for the suitable period as agreed by the Employer. .6 The bond submitted by the Contractor towards the performance of the equipment during defect liability will be returned to the Contractor after successful completion of the defect liability period, to the satisfaction of the Employer and on making an application thereof and submission of Bank Guarantee as per clause 3.40.4.

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