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GENERAL CONDITIONS OF JNPT CONTRACT (6)
GENERAL CONDITIONS OF JNPT CONTRACT (5)
GENERAL CONDITIONS OF JNPT CONTRACT (4)
GENERAL CONDITIONS OF JNPT CONTRACT (3)
GENERAL CONDITIONS OF JNPT CONTRACT (2)
GENERAL CONDITIONS OF JNPT CONTRACT
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GENERAL CONDITIONS OF JNPT CONTRACT (5)

3.41 SECURITY DEPOSIT TOWARDS ADVANCE PAYMENT:

.1 The successful Tenderer shall furnish to the Employer, a security deposit in the form of a Bank Guarantee (B.G) from a Nationalised/Scheduled/International Bank, having their branch in Mumbai for an amount equivalent to 110% of the advance amount to be made to the Contractor, for advance payment. Such B.G shall be as per the draft Bank Guarantee form at Annex-V (volume-I) of this tender document, applicable for the first stage payment at clause 3.32.1 A. .2 The Employer shall release advance as indicated in clause 3.32 (volume-I), Terms of Payment, of this tender document to the Contractor against submission of Security deposit in the prescribed form. .3 The B.G issued, towards security deposit of advance payment, shall be valid till the date of completion of the contract with a claim period of 3 months. The B.G submitted by the Contractor under this clause will be returned to the Contractor after successful commencement of commercial operations of the equipment and on making an application thereof. .4 In the event of failure of Contractor to complete the work within stipulated period, the Contractor shall revalidate the B.Gs for an extended period as agreed by the Employer however this will not relieve the Contractor from the obligation of liquidated damages as indicated in clause 3.44 (volume-I) of this tender document.

3.42 FORFEITURE OF SECURITY DEPOSIT

JNP shall be entitled to encash the Bank Guarantee deposited by the Contractor / Contractors with the Port in the following event. .1 In case of failure on the part of the Contractor/ Contractors, at any time, during the continuance of this Contract, to comply with any of the conditions herein contained, or .2 In case of any breach of any portion of this Contract.

3.43 INDEMNITY:

.1 Notwithstanding that all reasonable and proper precautions may have been taken by the Contractor at all times during the progress of the work, the Contractor shall nevertheless be wholly responsible for all damages, whether to the Works themselves or to any other property of JNPT, or to the lives, persons, property of others during the progress of the work. .2 In case any damage occurs to the existing structure due to the Contractor'/s operation, the same shall be made good by the Contractor at his own risk and cost. The areas, which are likely to be unsafe for use, shall be barricaded and all the necessary precautionary measures like displaying notices shall be taken by the Contractor, during Commissioning and Testing of equipment at site.

3.44 LIQUIDATED DAMAGES/ LATE DELIVERY CHARGES:

.1 Except as provided in the cl. no. 3.53 if contractor fails to deliver any or all of the Goods by the Date(s) of delivery or perform the Related Services within the period specified in the Contract, the Employer may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the cl. no. 3.44.2 of the delivered price of the delayed Goods for each week or part thereof of delay until actual delivery, up to a maximum deduction of the percentage specified in cl. no. 3.44.2. Once the maximum is reached, the Employer may terminate the Contract pursuant to Clause no. 3.52. Contract price shall be inclusive of price plus all taxes and duties payable for computing Liquidated Damages. .2 The liquidated damage/ late delivery charges shall be: ?% per week or part thereof, on the total contractual price. However in case of part taking over, LD shall be calculated based on the balance/ un fulfilled portions of the contractual obligations i.e. not ready for taking over by the Employer. This does not absolve the contractor form his obligation of completion of whole of the work in an expeditious manner. The maximum amount of liquidated damages shall be 10% of Total Contract Price. Even in case of the part taking over, maximum ceiling limit remain in reference to the total contract price.

3.45 INSURANCE OF WORK AT MANUFACTURER扴 SITE FOR NEW

RTYGC: .1 Unless the Employer shall have approved in writing other arrangements, the Contractor shall, insure, so far as reasonably practicable the Works and keep each part thereof insured as may be mutually agreed between the Employer and the Contractor against all loss or damage from whatever cause arising, until the RTYGCs are received at employer抯 site in good condition duly certified by the Third party inspection agency. The value of such insurance shall be at least equal to 110% of the contract price of 6 new RTYGCs excluding spare parts / tools cost. .2 Insurance during installation at employer抯 site : The Contractor shall so far as reasonably practicable insure against the Contractor'/s liability in respect of any loss or damage occurring whilst the Contractor is at EMPLOYER site for the purpose of making good a defect or carrying out the tests on completion during the installation & commissioning of the equipment at employer site or for the purpose of completing any outstanding work and against any loss or damage arising during the defects liability period from a cause occurring prior to the taking over of new RTYGCs by the employer. For all practical purpose such insurance, during Defect Liability Period, shall be from an Indian Insurance Company. The value of such insurance shall be at least equal to 110% of contract price of 6 new RTYGCs excluding spares parts/tools cost. .3 The Contractor shall from time to time when so required by the Engineer In-charge, produce the policy and receipts for the premium or premiums or satisfactory evidence of insurance cover. All monies received under any such policy shall be applied in or towards the replacement and repair of the Works lost, damaged or destroyed but this provision shall not affect the Contractor'/s liabilities under the Contract.

3.46 INSURANCE AGAINST THIRD PARTY LIABILITY at Employer site:

.1 Before commencing the execution of work, the Contractor shall insure in the joint names of the JNPT and the Contractor, covering Third Party Liability (TPL) against any damage or loss or injury which may occur to the equipment being installed or to any property or to any person (including property and employees of the Employer) by or arising out of the execution of the Works or temporary Works in carrying out of the Contract. The value of TPL policy shall be Minimum of Rs. 1,250,000/- (Rupees One million Two hundred fifty Thousand only) against occurrence of each incidence. The Contractor shall revalidate the insurance coverage after each incidence and keep the insurance coverage till certification. .2 Such insurance shall be effected with an Indian Insurance Company and in terms approved by the Port Trust & Tenderer shall submit the copy of policy of insurance to Engineer In-charge before arrival of equipment at site and shall be valid till Final Acceptance Certificate.

3.47 WORKMEN'/S COMPENSATION:

The Contractor shall indemnify JNPT in the event of the port being held liable to pay compensation for injury to any Contractor'/s servants or workmen under the Indian Workmen'/s Compensation Act, 1923, as amended from time to time and shall take out an insurance policy covering all risks under the Act and shall keep the same renewed from time to time as necessary for the duration of the Contract and produce the same before arrival of equipment to the Engineer In-charge and shall be valid till issuance of Final Acceptance Certificate (FAC) for the contract.

3.48 DEFAULT OF THE CONTRACTOR:

If the Contractor makes any default or on the happenings of anyone or more of the following events that is to say: .1 If the Contractor without reasonable cause abandons the Contract or .2 Suspends the carrying out of the Works for a reasonable time after receiving written notice from the JNPT without any lawful excuse or fails to make proper progress with Works after receiving written notice from the Engineer In-charge or .3 Fails to proceed diligently with the work or .4 Fails to give the JNPT proper facilities for inspection of the Works of any part thereof for three days after receiving notice in writing by the JNPT demanding the same or .5 The Contractor has become insolvent or .6 The Contractor has gone into liquidation or passed the resolution for winding up or .7 Upon the Contractor making an arrangement with or assignment in favour of his creditor or .8 Upon his assigning this Contract or .9 Upon an execution being levied upon the Contractor'/s good or .10 Upon winding up order being passed by the court or a Receiver or manager is appointed in respect of any of the property of the Contractor or .11 Possession is taken by or on behalf of any holder of any debentures secured by floating charges of any of the property of the Contractor or .12 Fails to complete all or any part of the Works during the time specified for completion of the Contract or such extended time as may be granted by the JNPT. JNPT shall have every right to terminate the Contract after issuing 60 days notice to the Contractor, on his omission or negligence or neglect or default or failure to comply with any of the condition of the Contract.

3.49 PROVISION OF A VEHICLE:

Contractor shall provide a vehicle (Four Wheeler) along with driver, to the Engineer In-charge, for the period from date of arrival of vessel carrying new RTYGC抯 at JNP BFL till all the RTYGCs are deployed for regular commercial operations. The cost incurred for providing this vehicle shall be deemed to be included in training charges. This vehicle will be used for executing duties related to the works of this contract.

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