GeM 5 Adpspsr

1.
General Terms and Conditions-
1.1 This Contract between the Seller and the Buyer, is for the supply of
the Goods and/ or Services, detailed in the schedule above, in accordance
with the General Terms and Conditions (GTC) as available on the GeM
portal (unless otherwise superseded by Goods / Services specific Special
Terms and Conditions (STC) and/ or BID/Reverse Auction Additional
Terms and Conditions (ATC), as applicable
1.2 Terms of delivery: Free Delivery at Site including loading/unloading.

In respect of items requiring installation and / or commissioning and
other services in the scope of supply (as indicated in respective product
category specification / STC / ATC), and the cost of the same is also
included in the Contract price.
1.2.1 Contracted goods should be delivered at the consignee or designated

delivery location as per the working time of the buying organisation.
Seller may get the same confirmed from consignee before scheduling
delivery.
1.2.2 A copy of the contract should be available with the messenger /

dispatching agency that delivers the Goods at consignee / delivery
location (preferably pasted / attached outside the consignment / package)
for easy reference and ease in delivery acceptance.
1.3 Delivery period: The Delivery Period/Time shall be essence of the

Contract and delivery must be completed not later than such date(s). Any
modification thereto shall be mutually agreed and incorporated in the
Contract as per the provisions of the GTC.
1.4 Performance Security: If the Seller fails or neglects to observe or

perform any of his obligations under the contract it shall be lawful for the
Buyer to forfeit either in whole or in part, the Performance
Security furnished by the Seller.
1.5 Taxes and Duties: Contract Prices are all inclusive i.e. including all
taxes, duties, local levies / transportation / loading-unloading charges
etc. Break up of GST shall be indicated by the Seller while raising invoice
/ bill on GeM. While submitting the bill / invoice Seller shall undertake
that the Goods and Services Tax (GST) charged on this bill is not more
than what is payable under the provision on the relevant Act or the Rules
made there under and that the Goods on which GST has been charged
have not been exempted under the GST Act or the Rules made there
under and the charges on account of GST on these goods are correct
under the provision of that Act or the rules made there under.
1.6 Octroi Duty and / or other local taxes: Contract Prices are all
inclusive hence no reimbursement over and above the contract price(s)
shall be allowed to seller towards payment of local taxes (such as levy of
town duty, Octroi Duty, Terminal Tax and other levies of local bodies etc).
1.7 Limitation of Liability: The provisions of limitation of liability

between Buyer and Seller as given in the GTC shall be applicable here.
1.8 Resolution of disputes: The provisions of DISPUTE RESOLUTION

BETWEEN BUYER AND SELLER as given in the GTC shall be applicable
here.
1.9 Liquidated Damages: If the Seller fails to deliver any or all of the
Goods/Services within the original/re-fixed delivery period(s) specified in
the contract, the Buyer will be entitled to deduct/recover the Liquidated
Damages for the delay, unless covered under Force Majeure conditions
aforesaid, @ 0.5% per week or part of the week of delayed period as pre-
estimated damages not exceeding 10% of the contract value without any
controversy/dispute of any sort whatsoever. In case, Service Level
Agreement (SLA) is applicable the same shall be applicable for the
Contract.
1.10 Financial Certificate:
1.10.1 The expenditure involved for this purpose has received the
Sanction of the competent financial authority.
1.10.2 The funds are available under the proper head in the sanction
budget allotment for the concern financial year.
1.10.3 I have been fully authorized by the department to sign the supply
order or incur the liability of the Goods being ordered.
1.11 The bidder should submit a self declaration to the effect in bidder's
official letter head that their agency have not been black listed by any
Agency whatsoever till date.
2. Buyer Added Bid Specific Terms And Conditions-
2.1 Bidders are advised to check applicable GST on their own before
quoting. Buyer will not take any responsibility in this regards. GST
reimbursement will be as per actuals or as per applicable rates (whichever
is lower), subject to the maximum of quoted GST %.
2.2 Bidders can also submit the EMD with Fixed Deposit Receipt made out
or pledged in the name of A/C (Name of the Buyer). The bank should
certify on it that the deposit can be withdrawn only on the demand or
with the sanction of the pledgee. For release of EMD, the FDR will be
released in the favour of the bidder by the Buyer after making
endorsement on the back of the FDR duly signed and stamped along with
covering letter. Bidder has to upload scanned copy/ proof of the FDR
along with bid and has to ensure delivery of hardcopy to the Buyer within
5 days of Bid End date/ Bid Opening date
2.3 Bidders can also submit the EMD with Account Payee Demand Draft in
favour of ADPS,, P&SR, O/o the Chief Postmaster General, West Bengal
Circle, Kolkata-700012 payable at Kolkata.
Bidder has to upload scanned copy / proof of the DD along with bid and
has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End
date / Bid Opening date.
2.4 PAYMENT OF SALARIES AND WAGES: Service Provider is required to

pay Salaries / wages of contracted staff deployed at buyer location first
i.e. on their own and then claim payment from Buyer alongwith all
statutory documents like, PF, ESIC etc. as well as the bank statement of
payment done to staff.
2.5 Bidder's offer is liable to be rejected if they don't upload any of the
certificates / documents sought in the Bid document, ATC and
Corrigendum if any.

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1.

General Terms and Conditions-

1.2 Terms of delivery: Free Delivery at Site including loading/unloading.

1.2.1 Contracted goods should be delivered at the consignee or designated

1.2.2 A copy of the contract should be available with the messenger /

1.3 Delivery period: The Delivery Period/Time shall be essence of the

1.4 Performance Security: If the Seller fails or neglects to observe or

1.7 Limitation of Liability: The provisions of limitation of liability

1.8 Resolution of disputes: The provisions of DISPUTE RESOLUTION

1.10 Financial Certificate:

2. Buyer Added Bid Specific Terms And Conditions-

2.4 PAYMENT OF SALARIES AND WAGES: Service Provider is required to

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