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

3.50 JNPT'/S LIEN

JNPT shall have a lien on over all or any money that may become due and payable to the Contractor under this Contract or any other Contract or from any amount lying with them or under their control and in respect of any debt or sum that may become due and payable by the JNPT to the Contractor either alone or jointly with another or other and either under this Contract or under any other Contracts or transaction of any nature whatsoever between the JNPT and the Contractor.

3.51 DISPUTE RESOLUTION:

.1 Arbitration: In the event of any dispute or difference of whatsoever nature between the Parties arising out of, in relation to, or in connection with the Contract, the Parties shall, at the outset, attempt to resolve the said dispute or difference amicably. In the event there is no amicable resolution of the dispute or difference between the Parties within thirty days from the date of notice of the said dispute or difference by either Party, such dispute or difference shall be referred to a sole arbitrator to be nominated by the Chairman, JNPT. Provided that notwithstanding the escalation of any dispute or difference to arbitration, the Contractor acknowledges and undertakes that its obligations under the Contract shall continue to subsist and its work under the Contract shall continue without interruption during the subsistence of the dispute or difference. .2 Governing law and jurisdiction: The Contract shall be subject exclusively to the laws of India. Subject to the aforementioned clause 3.51.1, the Courts at Mumbai shall have exclusive jurisdiction with respect to the disputes or differences of whatsoever nature between the Parties arising out of, in relation to, or in connection with the Contract. The venue of arbitration shall be Mumbai, and the arbitration proceedings shall be conducted in English.

3.52 TERMINATION OF CONTRACT:

If the Contractor does not perform the Contractual obligations satisfactorily, as far as Commissioning the equipment for commercial use within stipulated time frame, the Contract is liable to be terminated after issue of notice of 60 (Sixty) days to the Contractor.

3.53 FORCE MAJEAURE:

If the supply, Commissioning and Testing of equipment is hindered due to force majeaure such as, war, riots, civil commotion, fire, epidemics, natural calamities, etc. such period shall be exempted from Completion period as mentioned in clause 3.12 (Volume - I) of this tender document.

3.54 LABOUR LAWS:

The Contractor shall comply with all the provisions of the Labour Laws and the rules and regulations made there under as amended from time to time and as applicable from time to time with regard to the employees to be deployed by the Contractor for erection, Testing, Commissioning of equipment.

3.55 OUTBREAK OF WAR:

If during the currency of the Contract, there shall be an outbreak of war (whether war is declared or not) in any part of the world which, whether financially or otherwise, materially affects the execution of the Works the Contractor shall, unless and until the Contract is terminated under the provision in this clause contained, use his best endeavours to complete the execution of the Works, provided always that either the Employer or the Contractor shall be entitled, at any time after such outbreak of war, to terminate this Contract by giving notice in writing to the other ,and upon such notice being given this Contract shall terminate, but without prejudice to the rights of either party in respect of any antecedent breach.

3.56 MISTAKE IN CONTRACTOR'/S DRAWING:

The Contractor shall be responsible for and shall pay for any alterations of the work due to any discrepancies, errors or omissions in the drawings or other particulars supplied by him, whether such drawings or other particulars supplied by him, have been approved by the Engineer Incharge or not.

3.57 DEFAULT OF THE EMPLOYER:

In the event of the Employer: .1 Failing to pay Contractor the amount due under Contract as per stipulated condition or .2 Interfering with or obstructing the written approval in this Contract, the Contractor shall be entitled without prejudice to any other rights or remedies to terminate his employment under the Contract by giving 90 (Ninety) days prior notice in writing to Employer.

3.58 WARRANTY:

During the 24 months of the Defects Liability Period the contractor shall post at least one competent, experienced and responsible Technical person who has experience of Erection, Testing and Commissioning of the Equipment, to co-ordinate and execute all works to be attended by the Contractor as per Contractual obligations. The cost for the same shall deemed to be included in the services during guarantee period. The Contractor shall also authorize his technical representative to carry out monthly inspection and submit a monthly report before 10th day of succeeding month to the Engineer In-charge. The contractor shall quote for the cost of this service as per price schedule which shall be paid after satisfactory completion of 24 months of the Defects Liability Period as certified by the Engineer In-charge.

3.59 WARRANTY SUPPORT:

The Tenderer shall submit warranty support programme, in detail, covering the methodology and approach (along with Schedule 5, of Volume-I), which shall be adopted to ensure minimum failures and maximum availability of the cranes. The Tenderer shall provide details of his warranty program and after sales service capability including an organization chart, guaranteed response times to requests for technical assistance and spare parts and a 24-hour help line.

3.60 REFERENCES:

The Tenderers shall provide details of similar cranes that he has recently manufactured together with a list of customers who are willing to act as reference points.

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