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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
INSTRUCTIONS TO Jawaharlal Nehru Port Trust (JNPT) tenders
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GENERAL CONDITIONS OF JNPT CONTRACT

3.1 DEFINITION AND INTERPRETATIONS:

In the Contract, as hereinafter defined, the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires: .1 “JNPT” or “Employer” or “Port Trust”, means Board of Trustees of Jawaharlal Nehru Port, a statutory body under the Major Port Trusts Acts, 1963, by notification No. GSR 427 (E), dtd., 28.5.1982 issued by the Government of India. .2 “Contractor” means the firm, corporation or company whose tender has been accepted by the JNPT and includes the Contractor’s servants, agents and workmen, personal representatives, successors and permitted assigns. .3 “Sub-Contractor” shall mean a person or persons to whom a part or full portion of the work has been assigned by the Contractor with information to JNPT in writing. .4 “Contract” means and includes Tender Documents, Instructions to Tenderers, General Conditions of Contract, special conditions, if any, drawings, specifications, Price Schedule and Schedules etc., any amendments/clarifications thereto, Letter of Acceptance (LOA) and the Contract Agreement entered into between the JNPT and the Contractor as per format given in Annex- III of the tender document. .5 “Contract Price” means the sum named in the Letter of Acceptance subject to such additions thereto, or deductions there from, as may be made under the provisions of the Contract. .6 “Specification” means the specification referred to in the Tender document and any modification thereof or addition thereto as may from time to time be furnished or approved in writing by the Employer. .7 “Site” means the land and other areas on, under, in or through which the Works are to be executed or carried, or any other places provided by the Employer for the purpose of the Contract. .8 “Works” means Design, Manufacture, supply, Installation, Testing, Commissioning & Guaranteeing the performance of 06 New Rubber Tyred Gantry Cranes to be supplied at Container Terminal, Jawaharlal Nehru Port Trust, Navi Mumbai, India. .9 “Approved/Approval” means the approval in writing. .10 “Engineer In-charge” means the Chief Manager (Traffic) JNPT, or any officer as indicated in Letter of Acceptance. .11 “Drawings” means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer In– charge and such other drawings as may from time to time be furnished or approved in writing by the Engineer In-charge. .12 “Schedule” shall mean the schedule annexed to the tenderers bid. .13 “Tests on completion” shall mean such tests as are prescribed by the applicable Design Standards (latest editions), codes and described in the tender document, to be made by the Contractor before the equipment/items are supplied, delivered and taken over by the Employer. .14 “Writing” shall include any manuscript, typewritten or printed statement under or over signature and seal as the case may be. .15 "Defect Liability Period" has the meaning assigned in the clause no. 3.29 of the tender document (Vol. I). .16 "Month" means calendar month. .17 "Day" means calendar day. .18 "Letter of Acceptance’’ means the formal acceptance, made by or on behalf of the Employer, of the tender including any adjustments or variation to the tender agreed between the Employer and the Contractor. .19 "Foreign currency" means the currency other than Indian Currency. .20 “Commissioning of Equipment” has the meaning assigned in clause no.3.38 of the tender document (Vol.I)

3.2 SINGULAR AND PLURAL:

Words implying the singular only also include the plural and vice versa where the context required.

3.3 HEADINGS OR NOTES:

The headings in these conditions of Contract and instructions to tenders shall not be taken to be part thereof, or be taken into consideration in the interpretation, or construction thereof, or of the Contract.

3.4 ENGINEER IN-CHARGE AND HIS REPRESENTATIVE

1 The Engineer In-charge shall carry out such duties in issuing decisions, certificates and orders as are specified in the Contract. .2 The Engineer In-charge may from time to time, in writing delegate to his Representative any of the powers, discretion, function and/or authorities vested in him and he may at any time revoke any such delegation. Any written decision, instruction or approval given by the Engineer In-charge to the Contractor in accordance with such delegation shall bind the Contractor provided always that: a) Any failure of the Engineer In Charge to disapprove any Plant workmanship shall not prejudice the power of the Engineer In Charge thereafter such plant or workmanship and to order the rectification thereof in accordance with these conditions; b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer In-charge he shall be entitled to refer the matter to the officer above the rank of Engineer In-charge who will thereupon confirm, reverse or vary such decision. .3 Wherever by these conditions the Engineer In-charge is required to exercise his discretion, by giving a decision, opinion, consent or to express satisfaction or approval, or to determine value or otherwise take action which may affect the rights and obligations of the Contractor, the Engineer In-charge shall exercise such discretion fairly within the terms of the Contract and having regard to all the circumstances. If either party disagrees with the action taken by the Engineer In-charge he shall be at liberty to refer the matter to Appellate Authority with these conditions.

3.5 OBLIGATIONS OF THE CONTRACTOR

.1 The Contractor shall exercise all reasonable care and diligence in the discharge of all technical, professional and Contractual duties to be performed by them under this Contract as specified in the Scope of Work within the Time for Completion and provide all labour, including the supervision and security thereof, Contractor's Equipment necessary thereof and for carrying out his obligation, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract. The Contractor shall be fully responsible to the JNPT for proper, efficient and effective discharge of their duties. .2 Contractor shall furnish bond in the form of Bank Guarantee towards the performance of the work as per clause 3.40 (Volume-I) of this tender document. .3 If the Employer shall consider himself entitled to any claim under the performance Guarantee he shall forthwith so inform the Contractor specifying the default of the Contractor upon which he relies. If the Contractor fails to remedy such default within 30 days after the receipt of such notice the Employer shall be entitled to forfeit to the extent of the loss or damage incurred by reason of the default. .4 The Contractor shall proceed with the Works in accordance with the decisions, instructions and orders given by the Engineer In-charge in accordance with the condition of the Contract.

3.6 ASSIGNMENT AND SUBLETTING

1 The Contractor may sub let the Works or any part thereof with prior intimation and approval from the Employer. .2 He shall neither assign his right and interest in these presents tender nor assume a fresh partner or partners, or dissolve the partnership existing between him in reference to this Contract without the written permission of the JNPT .3 In the event of any activity being sub-contracted, the total liability and responsibility for meeting obligations and performance under Contract agreement shall rest with the Contractor. In the event of the Contractor contravening this condition, the Port shall be entitled to terminate the Contract forthwith and award a fresh Contract to some other party at risk and cost of the Contractor who shall be liable for any loss or damage which the port may sustain in consequence arising out of such replacement of the Contractor. In such case the performance guarantee shall be forfeited. .4 Such consent, if any, shall not relieve the Contractor from any liability or obligations under the Contract and he shall be responsible for the acts, defaults and neglects of any Sub-Contractor or his servants, agents or workmen fully if they were the acts, defaults or neglects of the Contractor provided always that the provisions of labour or a piecework basis shall not be deemed to be sub-letting under this clause.

3.7 PATENT RIGHTS:

.1 The Contractor shall fully indemnify the Employer against any action, claim or demand, costs or expenses arising from or incurred by reason of any infringement or alleged infringements of letters, patents, Design, trademark or name, copyright or other protected rights in respect of any machine, plant, work, materials or things, system or methods of using, fixing working or arrangement used for fixed or supplied by the Contractor in India, or elsewhere. .2 All payments, or otherwise shall be deemed to be included by the Contractor in the Prices named in the tender and shall be paid by him to whom they may be payable. .3 In the event of any claim being made or action brought against the Port in respect of any such matter as aforesaid, the Contractor shall be immediately notified thereof and he shall, with the assistance if he so requires of the Port, but at the sole expense of the Contractor, conduct all negotiations for the settlement of the same or any litigation that may arise there from, provided that the conduct of such negotiations or litigations shall be conditional upon the Contractor giving to the Employer such security as shall from time to time, reasonably required by the Employer to recover the ascertained or agreed amount as the case may be of any compensation, damages expenses and cost which might be payable by Trustees in respect of or as result of any negotiation or litigation.

3.8 GENERAL OBLIGATION OF THE EMPLOYER

In execution of the Works no person other than the Contractor, sub Contractors and his and their employees shall be allowed on the site except by the written permission of the Engineer In-charge or his authorised representative, but the Engineer in-charge, his authorised representative, other authorities and officials of the Employer shall be afforded to inspect all facilities arranged by the Contractor at site.

3.9 CUSTOMS DUES, PORT DUES etc.

1 The Contractor shall pay all customs or other import / export duties in respect of any materials required for the permanent or Temporary Works imported/ exported to / from India in connection with the tenderred Works either in the name of Contractor or the Employer. Successful Tenderer shall not be charged Port Dues, wharfage, harbour dues, port rates, tolls, and pilotage. No berth hire charges shall be levied for the first 10 (Ten) days form the date of berthing of the vessel / barge carrying equipment to be supplied under this contract and there after the berth hire charges will be levied as per prevailing scale of rates of the Port from 11th (eleventh) day till the sailing of the vessel. The tenderers shall make their own arrangements to ascertain the rates and charges in respect of import/ custom duty, landing charges etc from the concerned authorities. As regards to berth hire charges, the details of the same can be obtained from the scale of rates of JNPT available on website www.jnport.gov.in. .2 It shall be the responsibility of the successful Contractor to pay the customs duty and take necessary clearance required from the customs department. JNPT intends to avail the benefit as EPCG License Holder available under the Export Promotion Capital Goods (EPCG)/Duty Free Credit Entitlement (DFCE) scheme as per the provisions in the EXIM policy announced by Ministry of Commerce, Govt. of India. In addition to capital goods, the EPCG/DFCE benefit is also applicable for the spare parts to be imported along with capital goods. Presently, the custom duty under the EPCG scheme is 3% of the CIF value of capital goods and spares. JN Port- A Beacon of Glory 20 .3 During the commissioning of new RTYGcs at JNPT site, Office space (if available), including electricity and water, as indicated by the tenderer shall be provided on non-chargeable basis on the request made by the contractor.

3.10 SHIPMENT:

1 In case of a foreign shipper, the shipment of the consignment shall be arranged by the Contractor to meet the requirements of the Chief Controller of Chartering, Ministry of Shipping. Accordingly, shipping arrangements have to be done in consultation with Shipping Coordinating Officer, Shipping Co-ordination & Chartering Division, Government of India, Ministry of Shipping , (Chartering Wing), Parivahan Bhavan, 1, Sansad Marg, New Delhi - Cable TRANSCHART, Telex: VAHAN-IN 0091-11/3161157, 3161158, FAX No 91-011- 23718614 through their forwarding agents for U.K. and Continent, U.S.A. and Gulf. Employer shall liaise with the Ministry on submission of Documentation from the Contractor. .2 It is necessary that adequate notice have to be given to the authorised forwarding agent regarding readiness of the cargo for the shipment. .3 The Bill of Lading should be drawn so as to show: Shippers: Tenderers Nominee Consignee: Jawaharlal Nehru Port Trust, Sheva, Navi Mumbai (INDIA) .4 The Contractor shall submit shipping list to the port for information. .5 The Bills of Lading should be made to the order and blank endorsed. One of the original bill of lading should be send directly to JNPT for receiving the materials.

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