Approve Rates of Ten er No 183
Sr rief Description Of Total Name and address of Warranty Unit Rate Applicable CMC Charges Validity
No Equipment Indicative Supplier Manufacturer period (inclusive after expiry of warranty period of RC
Quantity of taxes) period of 3 years
under Rs)
RC
1 Ambu ags (Adult 800 Ms Medi Care Products Inc 3 years 1400 Nil 020215 to
Paed C-53A Mansarover garden 020216
Neonate) New Delhi - 110015
Model No MCPInfant Ph011-65954347
Child Adult 25155540654715009312431090
E-mail mcpetivsnlcom
mailmedicareproductcom
2 Laryngoscope (Adult 100 Ms Medi Care Products Inc 3 years 149950 Nil 020215 to
Paed C-53A Mansarover garden 020216
Neonate) Model No New Delhi - 110015
MCP Ph011-65954347
25155540654715009312431090
E-mail mcpetivsnlcom
mailmedicareproductcom
3 inocular Microscope 200 Redical Instruments 3 years 2563890 Nil 040215 to
Model No RXL-5 123 HSIIDC Industrial Estate 040216
Ambala Cantt ndash 133001
Harayana
Ph0171-6600500
tendersradicalscientificcom
4 oyles Apparatus 25 Allied Medical Limited 3 years 15553529 4th year5 of cost 777676 200115 to
Model No Allied 76-77 Udhyog Vihar Phase-IV of equipment 200116
Jupiter 200 Gurgao - 122015 5th year6 of cost 933211
Phone no 91-124-4111444 of equipment
ssssssssE-mail 6th year7 of cost 1088747
salesalliedmedcoin of equipment
5 Ceiling Shadow
less Lamp Model No
SS-LED-4+4
50 MS S S Medical System (India)
PvtLtd4 th Floor Silicon Tower
7 Old hopal House
LalbaghLucknow - 226001
E-mail ceossmedworldcom
salesssmedworldcom
3 years 161700 4th year6 of cost
of equipment
9702
5th year7 of cost
of equipment
11319
6th year8 of cost
of equipment
12936
040215 to
040216
6 Pulse Oxymeter
Model No SONOOX-
PL
300 SS Medical Systems (India) Pvt
Limited
P1G-floor223 uildcom
Apartment
eside PN ATM Shahpur Jat
New Delhi-
110049
Phone 08090075719
Email ceossmedworldcom
salesssmedworldcom
3 Years 17220 4th year8 of cost
of equipment
13776
5th year9 of cost
of equipment
15498
6th year10 of cost
of equipment
1722
040215 to
040216
7 ECG Machine -
6 Channel Model No
PISCES-A-106 I
25 Allengers Medical Systems Ltd
SCO 212-213-214 Sector 34-A
Chandigarh ndash UT
Pin 160022
Phone 0172-3258427 28
E-mail govtallengernet
3 Years 44541 4th year5 of cost
of equipment
222705
5th year6 of cost
of equipment
267246
6th year7 of cost
of equipment
311787
090115 to
090116
8 Multi Para Monitor (5
parameter) Model No
LI RA-A-105
50 Allengers Medical Systems Ltd
SCO 212-213-214 Sector 34-A
Chandigarh ndash UT
Pin 160022
Phone 0172-3258427 28
E-mail govtallengernet
3 years 7105350 4th year8 of cost
of equipment
568428
5th year9 of cost
of equipment
639481
6th year10 of cost
of equipment
710535
090115 to
090116
9 X-Ray Machine
300mA Model No
MARS-30
20 Allengers Medical Systems Ltd
SCO 212-213-214 Sector 34-A
Chandigarh ndash UT
Pin 160022
Phone 0172-3258427 28
E-mail govtallengernet
3 years 81095358 4th year8 of cost
of equipment
6487628
5th year9 of cost
of equipment
7298582
6th year10 of cost
of equipment
8109535
090115 to
090116
10
11
12
Single surface
Phototherapy Unit
Model No LED
Overhead
Centrifuge
Machine
(Medium
Capacity) Model No
R8C- L
with R-83
Pure Tone
Audiometer Model
NoAD2100 with Free
Field
150
100
20
S S Technomed (P) Ltd
128 Sector A-4
Tronica city UPSIDC Industrial
Area Loni
Ghaziabad (UP)
Phone 0120-6296390
sstechnomed2gmailcom
Remi Elektrotechnik Ltd
Remi House
11 Cama Industrial Estate
Goregaon (East) Mumbai-
400063vTelephone no 022-
40589888
Email Adress ndash
Salesremilabworldcom
ALPS International Pvt Ltd
Ashirwad commercial complex
D-1 Green Park New Delhi 16
Phone 011-41755191
Email- salesalpsin
3 years 2207482
3 years 4938683
3 years 88200
4th year6 of cost 132448
of equipment
5th year7 of cost 154523
of equipment
6th year8 of cost
of equipment
4th year5 of cost
of equipment
5th year6 of cost
of equipment
6th year7 of cost
of equipment
4th year6 of cost
of equipment
5th year7 of cost
of equipment
6th year8 of cost
of equipment
176598
246934
296320
345707
5292
6174
7056
230215 to
230216
210215 to
210216
210115 to
210116
Approve Rate Contract (RC) List of Equipment
Sr Brief Total Name an a ress of Notification of Warran Unit Rate Applicable CMC Charges Terms RC No Vali ity
No Description
of
In icativ
e
Supplier Manufacturer Awar an
Technical
ty
perio
(inclusive
of taxes)
after expiry of warranty
perio of 3 yearsii
an
Con ition
an
Date
perio of RC
Equipment Quantity Specifications Rs) s of RC
un er
RCi
1 Ra iant Heat
Warmer
167 No M Phoenix Medical
Sy tem Pvt Limited
A attached 3 Year 35794- 4th Year 6
of Co t of
286360 A
attached
GOMPE
QUIPRC
22022014 ndash
21022015
(Mo el No 324 Jawaharlal Nehru Equipment 2014263
02 ate OCW100) Salai 5th
Year 7 322155
Ekkattuthangal PO Box- of Co t of 220220
3205 Equipment 14
Chennai ndash 600 032 (INDIA) 6th Year 8 357950
Ph +91-44-2225 1177 of Co t of
1178 Fax +91-44-2225 Equipment
0194
Email ale pm indcom
2 Nee le
Syringe
Cutter
(Mo el OT-
006)
888 No M Medi Wave Inc
B-68 GT Karnal Road
Indu trial Area Delhi ndash 110
033
Ph +91-11-4238 4227
4365 Fax +91-11-4704
3178
Email ale medi-
A attached 3 Year 1260- Not Applicable A
attached
GOMPE
QUIPRC
2014263
03 ate
240220
14
24022014 ndash
23022014
wave com
anand_ achinyahoocom
3 Ventilator ndash
A ult
(Mo el
Newport
e360)
10 No M Covidian Healthcare
India Pvt Ltd 10th Floor
Building No 9B DLF Cyber
City Pha e-III Gurgaon
Haryana ndash 122 002
Ph +91-124-4709
800860 Fax +91-124-
4206 850 Mobile 99580-
93163
arunkau hikcovidienco
m
A attached 3 Year 1013250- 4th Year 6
of Co t of
Equipment
6079500 A
attached
GOMPE
QUIPRC
2014263
04 ate
240220
14
24022014 ndash
23022015
5th
Year 7
of Co t of
Equipment
7092750
6th Year 8
of Co t of
Equipment
8106000
4 Semi-
Automatic
Biochemistry
Analyzer
(Mo el
Prietest
Touch)
77 No M Robonik (India) Pvt
Ltd
Plot No A-374 TTC
MIDC Indu trial Area
Mahape
Navi Mumbai ndash 400 710
Ph +91-22-6782 9700
Fax +91-44-6782 9701
marketingrobonikindiac
om
A attached 3 Year 84000- 4th Year 6
of Co t of
Equipment
504000 A
attached
GOMPE
QUIPRC
2014263
01 ate
280220
14
28022014 ndash
27022015
5th
Year 7
of Co t of
Equipment
588000
6th Year 8
of Co t of
Equipment
672000
iThe RC ha been concluded for one year a mentioned above Quantitie mentioned here are indicative All upply order hall be placed by the Purcha erOrdering
Authority defined at GIT Clau e 12 Order quantitie may increa e by not more than 50 of the qty mentioned here depending upon the requirement of the Purcha er
( )However thi option can exerci ed during validity of RC Beyond 150 of the qty mentioned here upplier i not liable to upply to Ordering Authoritie
ii The Ordering Authority hall enter into Annual Comprehen ive Maintenance Contract (CMC) with the Supplier for the next three year after completion of warranty
period (Ref GCC Clau e 158 of Term and Condition of Rate Contract)
TERMS ND CONDITIONS OF R TE CONTR CT (RC)
1 Definitions and bbreviations
11 The ollowing de initions and abbreviations which have been used in these documents shall
have the meanings as indicated below
12 De initions
(i) ldquoConsigneerdquo means the HospitalInstituteMedical College person to whom the
goods are required to be delivered as speci ied in the Contract I the goods are
required to be delivered to a person as an interim consignee or the purpose o
despatch to another person as provided in the Contract then that ldquoanotherrdquo person is
the consignee also known as ultimate consignee
(ii) ldquoContractrdquo means the written agreement entered into between the Tender Inviting
Authority andor consignee and the supplier together with all the documents
mentioned therein and including all attachments annexure etc therein
(iii) ldquoDayrdquo means calendar day
(iv) ldquoEarnest Money Depositrdquo (EMD) means Bid Security monetary or inancial guarantee
to be urnished by a tenderer along with its tender
(v) ldquoGoodsrdquo means the articles material commodities urniture ixtures raw material
spares instruments machinery equipment medical equipment associated
so twares industrial plant etc which the supplier is required to supply to the Tender
Inviting Authority under the contract
(vi) ldquoInspectionrdquo means activities such as measuring examining testing gauging one or
more characteristics o the product or service and comparing the same with the
speci ied requirement to determine con ormity
(vii) ldquoManu acturerrdquo means original equipment manu acturer o the quoted product in
this tender
(viii) ldquoOrdering Authorityrdquo OR ldquoPurchaserrdquo means the competent authorities o DoPHamp FW
Medical Education GAS Rahat departments o Govermment o Madhya Pradesh
(herein a ter re erred to as ldquoOrdering Authorityrdquo) in their respective
jurisdictionspurchasing goods and services as incorporated in the Tender Enquiry
document namely
a Tender Inviting Authority Director (Incharge Procurement)Director Medical
Services
b Chie Medical amp Health O icer
c Chie Medical amp Health O icer Gas Rahat
d Civil Surgeon cum Hospital Superintendent
e Superintendent SpecialHospitals
Superintendents Gas Rahat hospitals
g Superintendent cum Joint DirectorMedicalCollege
(ix) ldquoPer ormance Securityrdquo means monetary or inancial guarantee to be urnished by
the success ul tenderer or due per ormance o the contract placed on it
Per ormance Security is also known as Security Deposit
(x) ldquoServicesrdquo means services allied and incidental to the supply o goods such as
transportation installation commissioning provision o technical assistance training
a ter sales service maintenance service and other such obligations o the supplier
covered under the contract
(xi) ldquoSpeci icationrdquo means the documentstandard that prescribes the requirement with
which goods or service has to con orm
(xii) ldquoSupplierrdquo means the individual or the irm supplying the goods and services as
incorporated in the contract
(xiii) ldquoTender Inviting Authorityrdquo is Director Medical Services (Incharge Procurement)
Directorate o Health Services SatpudaBhavan Bhopal (MP)
(xiv) ldquoTenderrdquo means Bids Quotation Tender received rom a Firm Tenderer Bidder
(xv) ldquoTendererrdquo means Bidder the IndividualFirm or company submitting Bids
Quotation Tender
13 Abbreviations
(i) ldquoBGrdquo means Bank Guarantee
(ii) ldquoCDrdquo means Custom Duty
(iii) ldquoCENVATrdquo means Central Value Added Tax
(iv) ldquoCMCrdquo means Comprehensive maintenance Contract (labour spare and
preventive breakdown maintenance)
(v) ldquoCSTrdquo means Central Sales Tax
(vi) ldquoDDPrdquo means Delivery Duty Paid named place o destination (consignee site)
(vii) ldquoDPrdquo means Delivery Period
(viii) ldquoEDrdquo means Excise Duty
(ix) ldquoGCCrdquo means General Conditions o Contract
(x) ldquoGITrdquo means General Instructions to Tenderers
(xi) ldquoLCrdquo means Letter o Credit
(xii) ldquoNITrdquo means Notice Inviting Tenders
(xiii) ldquoRRrdquo means Railway Receipt
(xiv) ldquoRTrdquo means Re-Tender
(xv) ldquoSCCrdquo means Special Conditions o Contract
(xvi) ldquoSITrdquo means Special Instructions to Tenderers
(xvii) ldquoTE Documentrdquo means Tender Enquiry Document
(xviii) ldquoVATrdquo means Value Added Tax
(xix) AERB means Atomic Energy Regulatory Board
(xx) DoPHamp FW means Department o Health amp Family Wel are Govt o MP
(xxi) HOD means Head o Department
(xxii) OA means Ordering Authority
(xxiii) TIA means Tender Inviting Authority
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
5 Ceiling Shadow
less Lamp Model No
SS-LED-4+4
50 MS S S Medical System (India)
PvtLtd4 th Floor Silicon Tower
7 Old hopal House
LalbaghLucknow - 226001
E-mail ceossmedworldcom
salesssmedworldcom
3 years 161700 4th year6 of cost
of equipment
9702
5th year7 of cost
of equipment
11319
6th year8 of cost
of equipment
12936
040215 to
040216
6 Pulse Oxymeter
Model No SONOOX-
PL
300 SS Medical Systems (India) Pvt
Limited
P1G-floor223 uildcom
Apartment
eside PN ATM Shahpur Jat
New Delhi-
110049
Phone 08090075719
Email ceossmedworldcom
salesssmedworldcom
3 Years 17220 4th year8 of cost
of equipment
13776
5th year9 of cost
of equipment
15498
6th year10 of cost
of equipment
1722
040215 to
040216
7 ECG Machine -
6 Channel Model No
PISCES-A-106 I
25 Allengers Medical Systems Ltd
SCO 212-213-214 Sector 34-A
Chandigarh ndash UT
Pin 160022
Phone 0172-3258427 28
E-mail govtallengernet
3 Years 44541 4th year5 of cost
of equipment
222705
5th year6 of cost
of equipment
267246
6th year7 of cost
of equipment
311787
090115 to
090116
8 Multi Para Monitor (5
parameter) Model No
LI RA-A-105
50 Allengers Medical Systems Ltd
SCO 212-213-214 Sector 34-A
Chandigarh ndash UT
Pin 160022
Phone 0172-3258427 28
E-mail govtallengernet
3 years 7105350 4th year8 of cost
of equipment
568428
5th year9 of cost
of equipment
639481
6th year10 of cost
of equipment
710535
090115 to
090116
9 X-Ray Machine
300mA Model No
MARS-30
20 Allengers Medical Systems Ltd
SCO 212-213-214 Sector 34-A
Chandigarh ndash UT
Pin 160022
Phone 0172-3258427 28
E-mail govtallengernet
3 years 81095358 4th year8 of cost
of equipment
6487628
5th year9 of cost
of equipment
7298582
6th year10 of cost
of equipment
8109535
090115 to
090116
10
11
12
Single surface
Phototherapy Unit
Model No LED
Overhead
Centrifuge
Machine
(Medium
Capacity) Model No
R8C- L
with R-83
Pure Tone
Audiometer Model
NoAD2100 with Free
Field
150
100
20
S S Technomed (P) Ltd
128 Sector A-4
Tronica city UPSIDC Industrial
Area Loni
Ghaziabad (UP)
Phone 0120-6296390
sstechnomed2gmailcom
Remi Elektrotechnik Ltd
Remi House
11 Cama Industrial Estate
Goregaon (East) Mumbai-
400063vTelephone no 022-
40589888
Email Adress ndash
Salesremilabworldcom
ALPS International Pvt Ltd
Ashirwad commercial complex
D-1 Green Park New Delhi 16
Phone 011-41755191
Email- salesalpsin
3 years 2207482
3 years 4938683
3 years 88200
4th year6 of cost 132448
of equipment
5th year7 of cost 154523
of equipment
6th year8 of cost
of equipment
4th year5 of cost
of equipment
5th year6 of cost
of equipment
6th year7 of cost
of equipment
4th year6 of cost
of equipment
5th year7 of cost
of equipment
6th year8 of cost
of equipment
176598
246934
296320
345707
5292
6174
7056
230215 to
230216
210215 to
210216
210115 to
210116
Approve Rate Contract (RC) List of Equipment
Sr Brief Total Name an a ress of Notification of Warran Unit Rate Applicable CMC Charges Terms RC No Vali ity
No Description
of
In icativ
e
Supplier Manufacturer Awar an
Technical
ty
perio
(inclusive
of taxes)
after expiry of warranty
perio of 3 yearsii
an
Con ition
an
Date
perio of RC
Equipment Quantity Specifications Rs) s of RC
un er
RCi
1 Ra iant Heat
Warmer
167 No M Phoenix Medical
Sy tem Pvt Limited
A attached 3 Year 35794- 4th Year 6
of Co t of
286360 A
attached
GOMPE
QUIPRC
22022014 ndash
21022015
(Mo el No 324 Jawaharlal Nehru Equipment 2014263
02 ate OCW100) Salai 5th
Year 7 322155
Ekkattuthangal PO Box- of Co t of 220220
3205 Equipment 14
Chennai ndash 600 032 (INDIA) 6th Year 8 357950
Ph +91-44-2225 1177 of Co t of
1178 Fax +91-44-2225 Equipment
0194
Email ale pm indcom
2 Nee le
Syringe
Cutter
(Mo el OT-
006)
888 No M Medi Wave Inc
B-68 GT Karnal Road
Indu trial Area Delhi ndash 110
033
Ph +91-11-4238 4227
4365 Fax +91-11-4704
3178
Email ale medi-
A attached 3 Year 1260- Not Applicable A
attached
GOMPE
QUIPRC
2014263
03 ate
240220
14
24022014 ndash
23022014
wave com
anand_ achinyahoocom
3 Ventilator ndash
A ult
(Mo el
Newport
e360)
10 No M Covidian Healthcare
India Pvt Ltd 10th Floor
Building No 9B DLF Cyber
City Pha e-III Gurgaon
Haryana ndash 122 002
Ph +91-124-4709
800860 Fax +91-124-
4206 850 Mobile 99580-
93163
arunkau hikcovidienco
m
A attached 3 Year 1013250- 4th Year 6
of Co t of
Equipment
6079500 A
attached
GOMPE
QUIPRC
2014263
04 ate
240220
14
24022014 ndash
23022015
5th
Year 7
of Co t of
Equipment
7092750
6th Year 8
of Co t of
Equipment
8106000
4 Semi-
Automatic
Biochemistry
Analyzer
(Mo el
Prietest
Touch)
77 No M Robonik (India) Pvt
Ltd
Plot No A-374 TTC
MIDC Indu trial Area
Mahape
Navi Mumbai ndash 400 710
Ph +91-22-6782 9700
Fax +91-44-6782 9701
marketingrobonikindiac
om
A attached 3 Year 84000- 4th Year 6
of Co t of
Equipment
504000 A
attached
GOMPE
QUIPRC
2014263
01 ate
280220
14
28022014 ndash
27022015
5th
Year 7
of Co t of
Equipment
588000
6th Year 8
of Co t of
Equipment
672000
iThe RC ha been concluded for one year a mentioned above Quantitie mentioned here are indicative All upply order hall be placed by the Purcha erOrdering
Authority defined at GIT Clau e 12 Order quantitie may increa e by not more than 50 of the qty mentioned here depending upon the requirement of the Purcha er
( )However thi option can exerci ed during validity of RC Beyond 150 of the qty mentioned here upplier i not liable to upply to Ordering Authoritie
ii The Ordering Authority hall enter into Annual Comprehen ive Maintenance Contract (CMC) with the Supplier for the next three year after completion of warranty
period (Ref GCC Clau e 158 of Term and Condition of Rate Contract)
TERMS ND CONDITIONS OF R TE CONTR CT (RC)
1 Definitions and bbreviations
11 The ollowing de initions and abbreviations which have been used in these documents shall
have the meanings as indicated below
12 De initions
(i) ldquoConsigneerdquo means the HospitalInstituteMedical College person to whom the
goods are required to be delivered as speci ied in the Contract I the goods are
required to be delivered to a person as an interim consignee or the purpose o
despatch to another person as provided in the Contract then that ldquoanotherrdquo person is
the consignee also known as ultimate consignee
(ii) ldquoContractrdquo means the written agreement entered into between the Tender Inviting
Authority andor consignee and the supplier together with all the documents
mentioned therein and including all attachments annexure etc therein
(iii) ldquoDayrdquo means calendar day
(iv) ldquoEarnest Money Depositrdquo (EMD) means Bid Security monetary or inancial guarantee
to be urnished by a tenderer along with its tender
(v) ldquoGoodsrdquo means the articles material commodities urniture ixtures raw material
spares instruments machinery equipment medical equipment associated
so twares industrial plant etc which the supplier is required to supply to the Tender
Inviting Authority under the contract
(vi) ldquoInspectionrdquo means activities such as measuring examining testing gauging one or
more characteristics o the product or service and comparing the same with the
speci ied requirement to determine con ormity
(vii) ldquoManu acturerrdquo means original equipment manu acturer o the quoted product in
this tender
(viii) ldquoOrdering Authorityrdquo OR ldquoPurchaserrdquo means the competent authorities o DoPHamp FW
Medical Education GAS Rahat departments o Govermment o Madhya Pradesh
(herein a ter re erred to as ldquoOrdering Authorityrdquo) in their respective
jurisdictionspurchasing goods and services as incorporated in the Tender Enquiry
document namely
a Tender Inviting Authority Director (Incharge Procurement)Director Medical
Services
b Chie Medical amp Health O icer
c Chie Medical amp Health O icer Gas Rahat
d Civil Surgeon cum Hospital Superintendent
e Superintendent SpecialHospitals
Superintendents Gas Rahat hospitals
g Superintendent cum Joint DirectorMedicalCollege
(ix) ldquoPer ormance Securityrdquo means monetary or inancial guarantee to be urnished by
the success ul tenderer or due per ormance o the contract placed on it
Per ormance Security is also known as Security Deposit
(x) ldquoServicesrdquo means services allied and incidental to the supply o goods such as
transportation installation commissioning provision o technical assistance training
a ter sales service maintenance service and other such obligations o the supplier
covered under the contract
(xi) ldquoSpeci icationrdquo means the documentstandard that prescribes the requirement with
which goods or service has to con orm
(xii) ldquoSupplierrdquo means the individual or the irm supplying the goods and services as
incorporated in the contract
(xiii) ldquoTender Inviting Authorityrdquo is Director Medical Services (Incharge Procurement)
Directorate o Health Services SatpudaBhavan Bhopal (MP)
(xiv) ldquoTenderrdquo means Bids Quotation Tender received rom a Firm Tenderer Bidder
(xv) ldquoTendererrdquo means Bidder the IndividualFirm or company submitting Bids
Quotation Tender
13 Abbreviations
(i) ldquoBGrdquo means Bank Guarantee
(ii) ldquoCDrdquo means Custom Duty
(iii) ldquoCENVATrdquo means Central Value Added Tax
(iv) ldquoCMCrdquo means Comprehensive maintenance Contract (labour spare and
preventive breakdown maintenance)
(v) ldquoCSTrdquo means Central Sales Tax
(vi) ldquoDDPrdquo means Delivery Duty Paid named place o destination (consignee site)
(vii) ldquoDPrdquo means Delivery Period
(viii) ldquoEDrdquo means Excise Duty
(ix) ldquoGCCrdquo means General Conditions o Contract
(x) ldquoGITrdquo means General Instructions to Tenderers
(xi) ldquoLCrdquo means Letter o Credit
(xii) ldquoNITrdquo means Notice Inviting Tenders
(xiii) ldquoRRrdquo means Railway Receipt
(xiv) ldquoRTrdquo means Re-Tender
(xv) ldquoSCCrdquo means Special Conditions o Contract
(xvi) ldquoSITrdquo means Special Instructions to Tenderers
(xvii) ldquoTE Documentrdquo means Tender Enquiry Document
(xviii) ldquoVATrdquo means Value Added Tax
(xix) AERB means Atomic Energy Regulatory Board
(xx) DoPHamp FW means Department o Health amp Family Wel are Govt o MP
(xxi) HOD means Head o Department
(xxii) OA means Ordering Authority
(xxiii) TIA means Tender Inviting Authority
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
10
11
12
Single surface
Phototherapy Unit
Model No LED
Overhead
Centrifuge
Machine
(Medium
Capacity) Model No
R8C- L
with R-83
Pure Tone
Audiometer Model
NoAD2100 with Free
Field
150
100
20
S S Technomed (P) Ltd
128 Sector A-4
Tronica city UPSIDC Industrial
Area Loni
Ghaziabad (UP)
Phone 0120-6296390
sstechnomed2gmailcom
Remi Elektrotechnik Ltd
Remi House
11 Cama Industrial Estate
Goregaon (East) Mumbai-
400063vTelephone no 022-
40589888
Email Adress ndash
Salesremilabworldcom
ALPS International Pvt Ltd
Ashirwad commercial complex
D-1 Green Park New Delhi 16
Phone 011-41755191
Email- salesalpsin
3 years 2207482
3 years 4938683
3 years 88200
4th year6 of cost 132448
of equipment
5th year7 of cost 154523
of equipment
6th year8 of cost
of equipment
4th year5 of cost
of equipment
5th year6 of cost
of equipment
6th year7 of cost
of equipment
4th year6 of cost
of equipment
5th year7 of cost
of equipment
6th year8 of cost
of equipment
176598
246934
296320
345707
5292
6174
7056
230215 to
230216
210215 to
210216
210115 to
210116
Approve Rate Contract (RC) List of Equipment
Sr Brief Total Name an a ress of Notification of Warran Unit Rate Applicable CMC Charges Terms RC No Vali ity
No Description
of
In icativ
e
Supplier Manufacturer Awar an
Technical
ty
perio
(inclusive
of taxes)
after expiry of warranty
perio of 3 yearsii
an
Con ition
an
Date
perio of RC
Equipment Quantity Specifications Rs) s of RC
un er
RCi
1 Ra iant Heat
Warmer
167 No M Phoenix Medical
Sy tem Pvt Limited
A attached 3 Year 35794- 4th Year 6
of Co t of
286360 A
attached
GOMPE
QUIPRC
22022014 ndash
21022015
(Mo el No 324 Jawaharlal Nehru Equipment 2014263
02 ate OCW100) Salai 5th
Year 7 322155
Ekkattuthangal PO Box- of Co t of 220220
3205 Equipment 14
Chennai ndash 600 032 (INDIA) 6th Year 8 357950
Ph +91-44-2225 1177 of Co t of
1178 Fax +91-44-2225 Equipment
0194
Email ale pm indcom
2 Nee le
Syringe
Cutter
(Mo el OT-
006)
888 No M Medi Wave Inc
B-68 GT Karnal Road
Indu trial Area Delhi ndash 110
033
Ph +91-11-4238 4227
4365 Fax +91-11-4704
3178
Email ale medi-
A attached 3 Year 1260- Not Applicable A
attached
GOMPE
QUIPRC
2014263
03 ate
240220
14
24022014 ndash
23022014
wave com
anand_ achinyahoocom
3 Ventilator ndash
A ult
(Mo el
Newport
e360)
10 No M Covidian Healthcare
India Pvt Ltd 10th Floor
Building No 9B DLF Cyber
City Pha e-III Gurgaon
Haryana ndash 122 002
Ph +91-124-4709
800860 Fax +91-124-
4206 850 Mobile 99580-
93163
arunkau hikcovidienco
m
A attached 3 Year 1013250- 4th Year 6
of Co t of
Equipment
6079500 A
attached
GOMPE
QUIPRC
2014263
04 ate
240220
14
24022014 ndash
23022015
5th
Year 7
of Co t of
Equipment
7092750
6th Year 8
of Co t of
Equipment
8106000
4 Semi-
Automatic
Biochemistry
Analyzer
(Mo el
Prietest
Touch)
77 No M Robonik (India) Pvt
Ltd
Plot No A-374 TTC
MIDC Indu trial Area
Mahape
Navi Mumbai ndash 400 710
Ph +91-22-6782 9700
Fax +91-44-6782 9701
marketingrobonikindiac
om
A attached 3 Year 84000- 4th Year 6
of Co t of
Equipment
504000 A
attached
GOMPE
QUIPRC
2014263
01 ate
280220
14
28022014 ndash
27022015
5th
Year 7
of Co t of
Equipment
588000
6th Year 8
of Co t of
Equipment
672000
iThe RC ha been concluded for one year a mentioned above Quantitie mentioned here are indicative All upply order hall be placed by the Purcha erOrdering
Authority defined at GIT Clau e 12 Order quantitie may increa e by not more than 50 of the qty mentioned here depending upon the requirement of the Purcha er
( )However thi option can exerci ed during validity of RC Beyond 150 of the qty mentioned here upplier i not liable to upply to Ordering Authoritie
ii The Ordering Authority hall enter into Annual Comprehen ive Maintenance Contract (CMC) with the Supplier for the next three year after completion of warranty
period (Ref GCC Clau e 158 of Term and Condition of Rate Contract)
TERMS ND CONDITIONS OF R TE CONTR CT (RC)
1 Definitions and bbreviations
11 The ollowing de initions and abbreviations which have been used in these documents shall
have the meanings as indicated below
12 De initions
(i) ldquoConsigneerdquo means the HospitalInstituteMedical College person to whom the
goods are required to be delivered as speci ied in the Contract I the goods are
required to be delivered to a person as an interim consignee or the purpose o
despatch to another person as provided in the Contract then that ldquoanotherrdquo person is
the consignee also known as ultimate consignee
(ii) ldquoContractrdquo means the written agreement entered into between the Tender Inviting
Authority andor consignee and the supplier together with all the documents
mentioned therein and including all attachments annexure etc therein
(iii) ldquoDayrdquo means calendar day
(iv) ldquoEarnest Money Depositrdquo (EMD) means Bid Security monetary or inancial guarantee
to be urnished by a tenderer along with its tender
(v) ldquoGoodsrdquo means the articles material commodities urniture ixtures raw material
spares instruments machinery equipment medical equipment associated
so twares industrial plant etc which the supplier is required to supply to the Tender
Inviting Authority under the contract
(vi) ldquoInspectionrdquo means activities such as measuring examining testing gauging one or
more characteristics o the product or service and comparing the same with the
speci ied requirement to determine con ormity
(vii) ldquoManu acturerrdquo means original equipment manu acturer o the quoted product in
this tender
(viii) ldquoOrdering Authorityrdquo OR ldquoPurchaserrdquo means the competent authorities o DoPHamp FW
Medical Education GAS Rahat departments o Govermment o Madhya Pradesh
(herein a ter re erred to as ldquoOrdering Authorityrdquo) in their respective
jurisdictionspurchasing goods and services as incorporated in the Tender Enquiry
document namely
a Tender Inviting Authority Director (Incharge Procurement)Director Medical
Services
b Chie Medical amp Health O icer
c Chie Medical amp Health O icer Gas Rahat
d Civil Surgeon cum Hospital Superintendent
e Superintendent SpecialHospitals
Superintendents Gas Rahat hospitals
g Superintendent cum Joint DirectorMedicalCollege
(ix) ldquoPer ormance Securityrdquo means monetary or inancial guarantee to be urnished by
the success ul tenderer or due per ormance o the contract placed on it
Per ormance Security is also known as Security Deposit
(x) ldquoServicesrdquo means services allied and incidental to the supply o goods such as
transportation installation commissioning provision o technical assistance training
a ter sales service maintenance service and other such obligations o the supplier
covered under the contract
(xi) ldquoSpeci icationrdquo means the documentstandard that prescribes the requirement with
which goods or service has to con orm
(xii) ldquoSupplierrdquo means the individual or the irm supplying the goods and services as
incorporated in the contract
(xiii) ldquoTender Inviting Authorityrdquo is Director Medical Services (Incharge Procurement)
Directorate o Health Services SatpudaBhavan Bhopal (MP)
(xiv) ldquoTenderrdquo means Bids Quotation Tender received rom a Firm Tenderer Bidder
(xv) ldquoTendererrdquo means Bidder the IndividualFirm or company submitting Bids
Quotation Tender
13 Abbreviations
(i) ldquoBGrdquo means Bank Guarantee
(ii) ldquoCDrdquo means Custom Duty
(iii) ldquoCENVATrdquo means Central Value Added Tax
(iv) ldquoCMCrdquo means Comprehensive maintenance Contract (labour spare and
preventive breakdown maintenance)
(v) ldquoCSTrdquo means Central Sales Tax
(vi) ldquoDDPrdquo means Delivery Duty Paid named place o destination (consignee site)
(vii) ldquoDPrdquo means Delivery Period
(viii) ldquoEDrdquo means Excise Duty
(ix) ldquoGCCrdquo means General Conditions o Contract
(x) ldquoGITrdquo means General Instructions to Tenderers
(xi) ldquoLCrdquo means Letter o Credit
(xii) ldquoNITrdquo means Notice Inviting Tenders
(xiii) ldquoRRrdquo means Railway Receipt
(xiv) ldquoRTrdquo means Re-Tender
(xv) ldquoSCCrdquo means Special Conditions o Contract
(xvi) ldquoSITrdquo means Special Instructions to Tenderers
(xvii) ldquoTE Documentrdquo means Tender Enquiry Document
(xviii) ldquoVATrdquo means Value Added Tax
(xix) AERB means Atomic Energy Regulatory Board
(xx) DoPHamp FW means Department o Health amp Family Wel are Govt o MP
(xxi) HOD means Head o Department
(xxii) OA means Ordering Authority
(xxiii) TIA means Tender Inviting Authority
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
Approve Rate Contract (RC) List of Equipment
Sr Brief Total Name an a ress of Notification of Warran Unit Rate Applicable CMC Charges Terms RC No Vali ity
No Description
of
In icativ
e
Supplier Manufacturer Awar an
Technical
ty
perio
(inclusive
of taxes)
after expiry of warranty
perio of 3 yearsii
an
Con ition
an
Date
perio of RC
Equipment Quantity Specifications Rs) s of RC
un er
RCi
1 Ra iant Heat
Warmer
167 No M Phoenix Medical
Sy tem Pvt Limited
A attached 3 Year 35794- 4th Year 6
of Co t of
286360 A
attached
GOMPE
QUIPRC
22022014 ndash
21022015
(Mo el No 324 Jawaharlal Nehru Equipment 2014263
02 ate OCW100) Salai 5th
Year 7 322155
Ekkattuthangal PO Box- of Co t of 220220
3205 Equipment 14
Chennai ndash 600 032 (INDIA) 6th Year 8 357950
Ph +91-44-2225 1177 of Co t of
1178 Fax +91-44-2225 Equipment
0194
Email ale pm indcom
2 Nee le
Syringe
Cutter
(Mo el OT-
006)
888 No M Medi Wave Inc
B-68 GT Karnal Road
Indu trial Area Delhi ndash 110
033
Ph +91-11-4238 4227
4365 Fax +91-11-4704
3178
Email ale medi-
A attached 3 Year 1260- Not Applicable A
attached
GOMPE
QUIPRC
2014263
03 ate
240220
14
24022014 ndash
23022014
wave com
anand_ achinyahoocom
3 Ventilator ndash
A ult
(Mo el
Newport
e360)
10 No M Covidian Healthcare
India Pvt Ltd 10th Floor
Building No 9B DLF Cyber
City Pha e-III Gurgaon
Haryana ndash 122 002
Ph +91-124-4709
800860 Fax +91-124-
4206 850 Mobile 99580-
93163
arunkau hikcovidienco
m
A attached 3 Year 1013250- 4th Year 6
of Co t of
Equipment
6079500 A
attached
GOMPE
QUIPRC
2014263
04 ate
240220
14
24022014 ndash
23022015
5th
Year 7
of Co t of
Equipment
7092750
6th Year 8
of Co t of
Equipment
8106000
4 Semi-
Automatic
Biochemistry
Analyzer
(Mo el
Prietest
Touch)
77 No M Robonik (India) Pvt
Ltd
Plot No A-374 TTC
MIDC Indu trial Area
Mahape
Navi Mumbai ndash 400 710
Ph +91-22-6782 9700
Fax +91-44-6782 9701
marketingrobonikindiac
om
A attached 3 Year 84000- 4th Year 6
of Co t of
Equipment
504000 A
attached
GOMPE
QUIPRC
2014263
01 ate
280220
14
28022014 ndash
27022015
5th
Year 7
of Co t of
Equipment
588000
6th Year 8
of Co t of
Equipment
672000
iThe RC ha been concluded for one year a mentioned above Quantitie mentioned here are indicative All upply order hall be placed by the Purcha erOrdering
Authority defined at GIT Clau e 12 Order quantitie may increa e by not more than 50 of the qty mentioned here depending upon the requirement of the Purcha er
( )However thi option can exerci ed during validity of RC Beyond 150 of the qty mentioned here upplier i not liable to upply to Ordering Authoritie
ii The Ordering Authority hall enter into Annual Comprehen ive Maintenance Contract (CMC) with the Supplier for the next three year after completion of warranty
period (Ref GCC Clau e 158 of Term and Condition of Rate Contract)
TERMS ND CONDITIONS OF R TE CONTR CT (RC)
1 Definitions and bbreviations
11 The ollowing de initions and abbreviations which have been used in these documents shall
have the meanings as indicated below
12 De initions
(i) ldquoConsigneerdquo means the HospitalInstituteMedical College person to whom the
goods are required to be delivered as speci ied in the Contract I the goods are
required to be delivered to a person as an interim consignee or the purpose o
despatch to another person as provided in the Contract then that ldquoanotherrdquo person is
the consignee also known as ultimate consignee
(ii) ldquoContractrdquo means the written agreement entered into between the Tender Inviting
Authority andor consignee and the supplier together with all the documents
mentioned therein and including all attachments annexure etc therein
(iii) ldquoDayrdquo means calendar day
(iv) ldquoEarnest Money Depositrdquo (EMD) means Bid Security monetary or inancial guarantee
to be urnished by a tenderer along with its tender
(v) ldquoGoodsrdquo means the articles material commodities urniture ixtures raw material
spares instruments machinery equipment medical equipment associated
so twares industrial plant etc which the supplier is required to supply to the Tender
Inviting Authority under the contract
(vi) ldquoInspectionrdquo means activities such as measuring examining testing gauging one or
more characteristics o the product or service and comparing the same with the
speci ied requirement to determine con ormity
(vii) ldquoManu acturerrdquo means original equipment manu acturer o the quoted product in
this tender
(viii) ldquoOrdering Authorityrdquo OR ldquoPurchaserrdquo means the competent authorities o DoPHamp FW
Medical Education GAS Rahat departments o Govermment o Madhya Pradesh
(herein a ter re erred to as ldquoOrdering Authorityrdquo) in their respective
jurisdictionspurchasing goods and services as incorporated in the Tender Enquiry
document namely
a Tender Inviting Authority Director (Incharge Procurement)Director Medical
Services
b Chie Medical amp Health O icer
c Chie Medical amp Health O icer Gas Rahat
d Civil Surgeon cum Hospital Superintendent
e Superintendent SpecialHospitals
Superintendents Gas Rahat hospitals
g Superintendent cum Joint DirectorMedicalCollege
(ix) ldquoPer ormance Securityrdquo means monetary or inancial guarantee to be urnished by
the success ul tenderer or due per ormance o the contract placed on it
Per ormance Security is also known as Security Deposit
(x) ldquoServicesrdquo means services allied and incidental to the supply o goods such as
transportation installation commissioning provision o technical assistance training
a ter sales service maintenance service and other such obligations o the supplier
covered under the contract
(xi) ldquoSpeci icationrdquo means the documentstandard that prescribes the requirement with
which goods or service has to con orm
(xii) ldquoSupplierrdquo means the individual or the irm supplying the goods and services as
incorporated in the contract
(xiii) ldquoTender Inviting Authorityrdquo is Director Medical Services (Incharge Procurement)
Directorate o Health Services SatpudaBhavan Bhopal (MP)
(xiv) ldquoTenderrdquo means Bids Quotation Tender received rom a Firm Tenderer Bidder
(xv) ldquoTendererrdquo means Bidder the IndividualFirm or company submitting Bids
Quotation Tender
13 Abbreviations
(i) ldquoBGrdquo means Bank Guarantee
(ii) ldquoCDrdquo means Custom Duty
(iii) ldquoCENVATrdquo means Central Value Added Tax
(iv) ldquoCMCrdquo means Comprehensive maintenance Contract (labour spare and
preventive breakdown maintenance)
(v) ldquoCSTrdquo means Central Sales Tax
(vi) ldquoDDPrdquo means Delivery Duty Paid named place o destination (consignee site)
(vii) ldquoDPrdquo means Delivery Period
(viii) ldquoEDrdquo means Excise Duty
(ix) ldquoGCCrdquo means General Conditions o Contract
(x) ldquoGITrdquo means General Instructions to Tenderers
(xi) ldquoLCrdquo means Letter o Credit
(xii) ldquoNITrdquo means Notice Inviting Tenders
(xiii) ldquoRRrdquo means Railway Receipt
(xiv) ldquoRTrdquo means Re-Tender
(xv) ldquoSCCrdquo means Special Conditions o Contract
(xvi) ldquoSITrdquo means Special Instructions to Tenderers
(xvii) ldquoTE Documentrdquo means Tender Enquiry Document
(xviii) ldquoVATrdquo means Value Added Tax
(xix) AERB means Atomic Energy Regulatory Board
(xx) DoPHamp FW means Department o Health amp Family Wel are Govt o MP
(xxi) HOD means Head o Department
(xxii) OA means Ordering Authority
(xxiii) TIA means Tender Inviting Authority
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
3 Ventilator ndash
A ult
(Mo el
Newport
e360)
10 No M Covidian Healthcare
India Pvt Ltd 10th Floor
Building No 9B DLF Cyber
City Pha e-III Gurgaon
Haryana ndash 122 002
Ph +91-124-4709
800860 Fax +91-124-
4206 850 Mobile 99580-
93163
arunkau hikcovidienco
m
A attached 3 Year 1013250- 4th Year 6
of Co t of
Equipment
6079500 A
attached
GOMPE
QUIPRC
2014263
04 ate
240220
14
24022014 ndash
23022015
5th
Year 7
of Co t of
Equipment
7092750
6th Year 8
of Co t of
Equipment
8106000
4 Semi-
Automatic
Biochemistry
Analyzer
(Mo el
Prietest
Touch)
77 No M Robonik (India) Pvt
Ltd
Plot No A-374 TTC
MIDC Indu trial Area
Mahape
Navi Mumbai ndash 400 710
Ph +91-22-6782 9700
Fax +91-44-6782 9701
marketingrobonikindiac
om
A attached 3 Year 84000- 4th Year 6
of Co t of
Equipment
504000 A
attached
GOMPE
QUIPRC
2014263
01 ate
280220
14
28022014 ndash
27022015
5th
Year 7
of Co t of
Equipment
588000
6th Year 8
of Co t of
Equipment
672000
iThe RC ha been concluded for one year a mentioned above Quantitie mentioned here are indicative All upply order hall be placed by the Purcha erOrdering
Authority defined at GIT Clau e 12 Order quantitie may increa e by not more than 50 of the qty mentioned here depending upon the requirement of the Purcha er
( )However thi option can exerci ed during validity of RC Beyond 150 of the qty mentioned here upplier i not liable to upply to Ordering Authoritie
ii The Ordering Authority hall enter into Annual Comprehen ive Maintenance Contract (CMC) with the Supplier for the next three year after completion of warranty
period (Ref GCC Clau e 158 of Term and Condition of Rate Contract)
TERMS ND CONDITIONS OF R TE CONTR CT (RC)
1 Definitions and bbreviations
11 The ollowing de initions and abbreviations which have been used in these documents shall
have the meanings as indicated below
12 De initions
(i) ldquoConsigneerdquo means the HospitalInstituteMedical College person to whom the
goods are required to be delivered as speci ied in the Contract I the goods are
required to be delivered to a person as an interim consignee or the purpose o
despatch to another person as provided in the Contract then that ldquoanotherrdquo person is
the consignee also known as ultimate consignee
(ii) ldquoContractrdquo means the written agreement entered into between the Tender Inviting
Authority andor consignee and the supplier together with all the documents
mentioned therein and including all attachments annexure etc therein
(iii) ldquoDayrdquo means calendar day
(iv) ldquoEarnest Money Depositrdquo (EMD) means Bid Security monetary or inancial guarantee
to be urnished by a tenderer along with its tender
(v) ldquoGoodsrdquo means the articles material commodities urniture ixtures raw material
spares instruments machinery equipment medical equipment associated
so twares industrial plant etc which the supplier is required to supply to the Tender
Inviting Authority under the contract
(vi) ldquoInspectionrdquo means activities such as measuring examining testing gauging one or
more characteristics o the product or service and comparing the same with the
speci ied requirement to determine con ormity
(vii) ldquoManu acturerrdquo means original equipment manu acturer o the quoted product in
this tender
(viii) ldquoOrdering Authorityrdquo OR ldquoPurchaserrdquo means the competent authorities o DoPHamp FW
Medical Education GAS Rahat departments o Govermment o Madhya Pradesh
(herein a ter re erred to as ldquoOrdering Authorityrdquo) in their respective
jurisdictionspurchasing goods and services as incorporated in the Tender Enquiry
document namely
a Tender Inviting Authority Director (Incharge Procurement)Director Medical
Services
b Chie Medical amp Health O icer
c Chie Medical amp Health O icer Gas Rahat
d Civil Surgeon cum Hospital Superintendent
e Superintendent SpecialHospitals
Superintendents Gas Rahat hospitals
g Superintendent cum Joint DirectorMedicalCollege
(ix) ldquoPer ormance Securityrdquo means monetary or inancial guarantee to be urnished by
the success ul tenderer or due per ormance o the contract placed on it
Per ormance Security is also known as Security Deposit
(x) ldquoServicesrdquo means services allied and incidental to the supply o goods such as
transportation installation commissioning provision o technical assistance training
a ter sales service maintenance service and other such obligations o the supplier
covered under the contract
(xi) ldquoSpeci icationrdquo means the documentstandard that prescribes the requirement with
which goods or service has to con orm
(xii) ldquoSupplierrdquo means the individual or the irm supplying the goods and services as
incorporated in the contract
(xiii) ldquoTender Inviting Authorityrdquo is Director Medical Services (Incharge Procurement)
Directorate o Health Services SatpudaBhavan Bhopal (MP)
(xiv) ldquoTenderrdquo means Bids Quotation Tender received rom a Firm Tenderer Bidder
(xv) ldquoTendererrdquo means Bidder the IndividualFirm or company submitting Bids
Quotation Tender
13 Abbreviations
(i) ldquoBGrdquo means Bank Guarantee
(ii) ldquoCDrdquo means Custom Duty
(iii) ldquoCENVATrdquo means Central Value Added Tax
(iv) ldquoCMCrdquo means Comprehensive maintenance Contract (labour spare and
preventive breakdown maintenance)
(v) ldquoCSTrdquo means Central Sales Tax
(vi) ldquoDDPrdquo means Delivery Duty Paid named place o destination (consignee site)
(vii) ldquoDPrdquo means Delivery Period
(viii) ldquoEDrdquo means Excise Duty
(ix) ldquoGCCrdquo means General Conditions o Contract
(x) ldquoGITrdquo means General Instructions to Tenderers
(xi) ldquoLCrdquo means Letter o Credit
(xii) ldquoNITrdquo means Notice Inviting Tenders
(xiii) ldquoRRrdquo means Railway Receipt
(xiv) ldquoRTrdquo means Re-Tender
(xv) ldquoSCCrdquo means Special Conditions o Contract
(xvi) ldquoSITrdquo means Special Instructions to Tenderers
(xvii) ldquoTE Documentrdquo means Tender Enquiry Document
(xviii) ldquoVATrdquo means Value Added Tax
(xix) AERB means Atomic Energy Regulatory Board
(xx) DoPHamp FW means Department o Health amp Family Wel are Govt o MP
(xxi) HOD means Head o Department
(xxii) OA means Ordering Authority
(xxiii) TIA means Tender Inviting Authority
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
TERMS ND CONDITIONS OF R TE CONTR CT (RC)
1 Definitions and bbreviations
11 The ollowing de initions and abbreviations which have been used in these documents shall
have the meanings as indicated below
12 De initions
(i) ldquoConsigneerdquo means the HospitalInstituteMedical College person to whom the
goods are required to be delivered as speci ied in the Contract I the goods are
required to be delivered to a person as an interim consignee or the purpose o
despatch to another person as provided in the Contract then that ldquoanotherrdquo person is
the consignee also known as ultimate consignee
(ii) ldquoContractrdquo means the written agreement entered into between the Tender Inviting
Authority andor consignee and the supplier together with all the documents
mentioned therein and including all attachments annexure etc therein
(iii) ldquoDayrdquo means calendar day
(iv) ldquoEarnest Money Depositrdquo (EMD) means Bid Security monetary or inancial guarantee
to be urnished by a tenderer along with its tender
(v) ldquoGoodsrdquo means the articles material commodities urniture ixtures raw material
spares instruments machinery equipment medical equipment associated
so twares industrial plant etc which the supplier is required to supply to the Tender
Inviting Authority under the contract
(vi) ldquoInspectionrdquo means activities such as measuring examining testing gauging one or
more characteristics o the product or service and comparing the same with the
speci ied requirement to determine con ormity
(vii) ldquoManu acturerrdquo means original equipment manu acturer o the quoted product in
this tender
(viii) ldquoOrdering Authorityrdquo OR ldquoPurchaserrdquo means the competent authorities o DoPHamp FW
Medical Education GAS Rahat departments o Govermment o Madhya Pradesh
(herein a ter re erred to as ldquoOrdering Authorityrdquo) in their respective
jurisdictionspurchasing goods and services as incorporated in the Tender Enquiry
document namely
a Tender Inviting Authority Director (Incharge Procurement)Director Medical
Services
b Chie Medical amp Health O icer
c Chie Medical amp Health O icer Gas Rahat
d Civil Surgeon cum Hospital Superintendent
e Superintendent SpecialHospitals
Superintendents Gas Rahat hospitals
g Superintendent cum Joint DirectorMedicalCollege
(ix) ldquoPer ormance Securityrdquo means monetary or inancial guarantee to be urnished by
the success ul tenderer or due per ormance o the contract placed on it
Per ormance Security is also known as Security Deposit
(x) ldquoServicesrdquo means services allied and incidental to the supply o goods such as
transportation installation commissioning provision o technical assistance training
a ter sales service maintenance service and other such obligations o the supplier
covered under the contract
(xi) ldquoSpeci icationrdquo means the documentstandard that prescribes the requirement with
which goods or service has to con orm
(xii) ldquoSupplierrdquo means the individual or the irm supplying the goods and services as
incorporated in the contract
(xiii) ldquoTender Inviting Authorityrdquo is Director Medical Services (Incharge Procurement)
Directorate o Health Services SatpudaBhavan Bhopal (MP)
(xiv) ldquoTenderrdquo means Bids Quotation Tender received rom a Firm Tenderer Bidder
(xv) ldquoTendererrdquo means Bidder the IndividualFirm or company submitting Bids
Quotation Tender
13 Abbreviations
(i) ldquoBGrdquo means Bank Guarantee
(ii) ldquoCDrdquo means Custom Duty
(iii) ldquoCENVATrdquo means Central Value Added Tax
(iv) ldquoCMCrdquo means Comprehensive maintenance Contract (labour spare and
preventive breakdown maintenance)
(v) ldquoCSTrdquo means Central Sales Tax
(vi) ldquoDDPrdquo means Delivery Duty Paid named place o destination (consignee site)
(vii) ldquoDPrdquo means Delivery Period
(viii) ldquoEDrdquo means Excise Duty
(ix) ldquoGCCrdquo means General Conditions o Contract
(x) ldquoGITrdquo means General Instructions to Tenderers
(xi) ldquoLCrdquo means Letter o Credit
(xii) ldquoNITrdquo means Notice Inviting Tenders
(xiii) ldquoRRrdquo means Railway Receipt
(xiv) ldquoRTrdquo means Re-Tender
(xv) ldquoSCCrdquo means Special Conditions o Contract
(xvi) ldquoSITrdquo means Special Instructions to Tenderers
(xvii) ldquoTE Documentrdquo means Tender Enquiry Document
(xviii) ldquoVATrdquo means Value Added Tax
(xix) AERB means Atomic Energy Regulatory Board
(xx) DoPHamp FW means Department o Health amp Family Wel are Govt o MP
(xxi) HOD means Head o Department
(xxii) OA means Ordering Authority
(xxiii) TIA means Tender Inviting Authority
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
(x) ldquoServicesrdquo means services allied and incidental to the supply o goods such as
transportation installation commissioning provision o technical assistance training
a ter sales service maintenance service and other such obligations o the supplier
covered under the contract
(xi) ldquoSpeci icationrdquo means the documentstandard that prescribes the requirement with
which goods or service has to con orm
(xii) ldquoSupplierrdquo means the individual or the irm supplying the goods and services as
incorporated in the contract
(xiii) ldquoTender Inviting Authorityrdquo is Director Medical Services (Incharge Procurement)
Directorate o Health Services SatpudaBhavan Bhopal (MP)
(xiv) ldquoTenderrdquo means Bids Quotation Tender received rom a Firm Tenderer Bidder
(xv) ldquoTendererrdquo means Bidder the IndividualFirm or company submitting Bids
Quotation Tender
13 Abbreviations
(i) ldquoBGrdquo means Bank Guarantee
(ii) ldquoCDrdquo means Custom Duty
(iii) ldquoCENVATrdquo means Central Value Added Tax
(iv) ldquoCMCrdquo means Comprehensive maintenance Contract (labour spare and
preventive breakdown maintenance)
(v) ldquoCSTrdquo means Central Sales Tax
(vi) ldquoDDPrdquo means Delivery Duty Paid named place o destination (consignee site)
(vii) ldquoDPrdquo means Delivery Period
(viii) ldquoEDrdquo means Excise Duty
(ix) ldquoGCCrdquo means General Conditions o Contract
(x) ldquoGITrdquo means General Instructions to Tenderers
(xi) ldquoLCrdquo means Letter o Credit
(xii) ldquoNITrdquo means Notice Inviting Tenders
(xiii) ldquoRRrdquo means Railway Receipt
(xiv) ldquoRTrdquo means Re-Tender
(xv) ldquoSCCrdquo means Special Conditions o Contract
(xvi) ldquoSITrdquo means Special Instructions to Tenderers
(xvii) ldquoTE Documentrdquo means Tender Enquiry Document
(xviii) ldquoVATrdquo means Value Added Tax
(xix) AERB means Atomic Energy Regulatory Board
(xx) DoPHamp FW means Department o Health amp Family Wel are Govt o MP
(xxi) HOD means Head o Department
(xxii) OA means Ordering Authority
(xxiii) TIA means Tender Inviting Authority
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
Section - I
GENER L CONDITIONS OF CONTR CT (GCC)
1 pplication
11 The General Conditions o Contract incorporated in this section shall be applicable or this
purchase to the extent the same are not superseded by the Special Conditions o Contract
prescribed under Section V and Noti ication o Award issued by Tender Inviting Authority
2 Use of contract documents and information
21 The supplier shall not without the Tender Inviting Authorityrsquos prior written consent disclose
the contract or any provision thereo including any speci ication drawing sample or any
in ormation urnished by or on behal o the Tender Inviting Authority in connection
therewith to any person other than the person(s) employed by the supplier in the
per ormance o the contract Further any such disclosure to any such employed person shall
be made in con idence and only so ar as necessary or the purposes o such per ormance or
this contract
22 Further the supplier shall not without the Tender Inviting Authorityrsquos prior written consent
make use o any document or in ormation mentioned in GCC sub-clause 21 above except or
the sole purpose o per orming this contract
23 Except the contract issued to the supplier each and every other document mentioned in GCC
sub-clause 21 above shall remain the property o the Tender Inviting Authority and i
advised by the Tender Inviting Authority all copies o all such documents shall be returned to
the Tender Inviting Authority on completion o the supplierrsquos per ormance and obligations
under this contract
3 Intellectual Property Rights
31 The supplier shall at all times indemni y and keep indemni ied the Tender Inviting Authority
ree o cost against all claims which may arise in respect o goods amp services to be provided
by the supplier under the contract or in ringement o any intellectual property rights or any
other right protected by patent registration o designs or trademarks In the event o any
such claim in respect o alleged breach o patent registered designs trademarks etc being
made against the Tender Inviting Authority the Tender Inviting Authority shall noti y the
supplier o the same and the supplier shall at his own expenses take care o the same or
settlement without any liability to the Tender Inviting Authority
4 Country of Origin
41 All goods and services to be supplied and provided or the contract shall have the origin in
India or in the countries with which the Government o India has trade relations
42 The word ldquooriginrdquo incorporated in this clause means the place rom where the goods are
mined cultivated grown manu actured produced or processed or rom where the services
are arranged
43 The country o origin may be speci ied in the Price Schedule
5 Performance Security
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
51 Within twenty one (21) days rom date o the issue o intimation letter noti ication o award
by the Tender Inviting AuthorityOrdering Authority the supplier shall urnish per ormance
security to the Tender Inviting Authority or an amount equal to ten percent (10) o the
total value o the rate contract amount valid up to one hundred amp eighty (180) days a ter the
date o completion o all contractual obligations by the supplier including the warranty
obligation
52 The Per ormance security (at 51 above) shall be denominated in Indian Rupees or in the
currency o the contract as detailed below
a) It shall be in the orm o Bank Guarantee issued by a Scheduled bank in India in
the prescribed orm as provided in section XV o this document in avour o the
Tender Inviting Authority
53 In the event o any ailure de ault o the supplier with or without any quanti iable loss to the
government including urnishing o Bank Guarantee or CMC security as per Pro orma in
Section XIV the amount o the per ormance security is liable to be or eited The
Administration Department may do the need ul to cover any ailurede ault o the supplier
with or without any quanti iable loss to the Government
54 In the event o any amendment issued to the contract the supplier shall within i teen (15)
days o issue o the amendment urnish the corresponding amendment to the Per ormance
Security (as necessary) rendering the same validity in all respects in terms o the contract as
amended
55 The supplier shall enter into CMC as per the lsquoContract Form ndash Brsquo in Section XIV with Tender
Inviting Authorityrespective consignees 3 (three) months prior to the completion o
Warranty Period The CMC will commence rom the date o expiry o the Warranty Period
56 Subject to GCC sub ndash clause 52 above the Tender Inviting AuthorityOrdering Authority will
release the Per ormance Security without any interest to the supplier on completion o the
supplierrsquos all contractual obligations including the warranty obligations amp a ter receipt o
bank guarantee or CMC security in avour o Tender Inviting Authority as per the ormat in
Section XV I Tender Inviting Authority doesnrsquot enter into CMC with the supplier in spite o
repeated reminders by the supplier Tender Inviting Authority is bound to release the
Per ormance Security within six months a ter its due date o release
6 Technical Specifications and Standards
61 The Goods amp Services to be provided by the supplier under this contract shall con orm to the
technical speci ications and quality control parameters mentioned in lsquoTechnical Speci icationrsquo
and lsquoQuality Control Requirementsrsquo under Sections VII and VIII o this document
7 Packing and Marking
71 The packing or the goods to be provided by the supplier should be strong and durable
enough to withstand without limitation the entire journey during transit including
transhipment (i any) rough handling open storage etc without any damage deterioration
etc As and i necessary the size weights and volumes o the packing cases shall also take
into consideration the remoteness o the inal destination o the goods and availability or
otherwise o transport and handling acilities at all points during transit up to inal
destination as per the contract
72 The quality o packing the manner o marking within amp outside the packages and provision
o accompanying documentation shall strictly comply with the requirements as provided in
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
Technical Speci ications and Quality Control Requirements under Sections VII and VIII and in
SCC under Section V In case the packing requirements are amended due to issue o any
amendment to the contract the same shall also be taken care o by the supplier accordingly
73 Packing instructions
Unless otherwise mentioned in the Technical Speci ication and Quality Control Requirements
under Sections VII and VIII and in SCC under Section V the supplier shall make separate
packages or each ordering authorityconsignee (in case there is more than one consignee
mentioned in the contract) and mark each package on three sides with the ollowing with
indelible paint o proper quality
a Contract number and date
b Brie description o goods including quantity
c Packing list re erence number including relevant code numbers o the accessories
d Country o origin o goods
e Ordering Authorityconsigneersquos name and ull address including contact numbers and
Supplierrsquos name and address including contact numbers
8 Inspection Testing and Quality Control
81 Be ore despatch o the ordered goods supplier at its own cost has to carry out pre-
despatch inspection o the ordered goods by empanelled inspection agency (ies) o CEUS
FDA 21 CFR compliance certi ying body (ies) through ASTM standards Be ore submitting the
product or inspection through empanelled agency(ies) the manu acturer must provide test
certi icate detailing in house tests carried out and the productrsquos compliance The test
certi icate must include per ormance parameters o all sub-systems and components
82 The Tender Inviting Authority (TIA) andor its nominated representative(s) may without any
extra cost to the Tender Inviting Authority inspect andor test the ordered goods its
manu acturing line and the related services to con irm their con ormity to the contract
speci ications and other quality control details incorporated in the contract The TIA shall
in orm the supplier in advance in writing the TIArsquos programme or such inspection and also
the identity o the o icials to be deputed or this purpose The cost towards the
transportation boarding amp lodging will be borne by the Tender Inviting Authority andor its
nominated representative(s)
83 The Technical Speci ication and Quality Control Requirements incorporated in the contract
shall speci y what inspections and tests are to be carried out and also where and how they
are to be conducted I such inspections and tests are conducted in the premises o the
supplier or its subcontractor(s) all reasonable acilities and assistance including access to
relevant drawings design details and production data shall be urnished by the supplier to
the Tender Inviting Ordering Authorityrsquos inspector at no charge to the Tender Inviting
Authority Ordering Authority
84 Tender Inviting Authority or Ordering Authority or their representative shall also inspect
andor test the ordered goods and the related services to con irm their con ormity to the
contract speci ications and other quality control details incorporated in the contract at the
site o inal destination (at consigneersquos premises)
85 I during such inspections and tests the contracted goods ail to con orm to the required
speci ications and standards the Tender InvitingOrdering Authorityrsquos inspector may reject
them and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the speci ications and standards as required ree o cost to the Tender
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
InvitingOrdering Authority and resubmit the same to the Tender InvitingOrdering
Authorityrsquos inspector or conducting the inspections and tests again
86 In case the contractsupply order stipulates pre-despatch inspection o the ordered goods at
supplierrsquos premises by Tender Inviting Authority the supplier shall put up the goods or such
inspection to the inspector(s) o Tender Inviting Authority well ahead o the contractual
delivery period so that the Tender Inviting Authorityrsquos inspector is able to complete the
inspection within the contractual delivery period
87 I the supplier tenders the goods to the Inspector(s) o Tender Inviting Authority or
inspection at the last moment without providing reasonable time to the inspector or
completing the inspection within the contractual delivery period the inspector may carry out
the inspection and complete the ormality beyond the contractual delivery period at the risk
and expense o the supplier The act that the goods have been inspected a ter the
contractual delivery period will not have the e ect o keeping the contract alive and this will
be without any prejudice to the legal rights and remedies available to the Tender Inviting
Authority under the terms amp conditions o the contract
88 The Tender Inviting Authorityrsquosconsigneersquos contractual right to inspect test and i
necessary reject the goods a ter the goodsrsquo arrival at the inal destination shall have no
bearing o the act that the goods have previously been inspected and cleared by Tender
InvitingOrdering Authorityrsquos inspector during pre-despatch inspection mentioned above
89 Goods accepted by the Tender Inviting AuthorityOrdering Authority andor its inspector at
initial inspection and in inal inspection in terms o the contract shall in no way dilute Tender
Inviting Authorityrsquosconsigneersquos right to reject the same later i ound de icient in terms o
the warranty clause o the contract as incorporated under GCC Clause 15
9 Terms of Delivery
91 Goods shall be delivered by the supplier in accordance with the terms o delivery speci ied in
the contract
10 Transportation of Goods
101 Instructions or transportation o domestic goods including goods already imported by the
supplier under its own arrangement
In case no instruction is provided in this regard in the SCC the supplier will arrange
transportation o the ordered goods as per its own procedure
11 Insurance
111 Unless otherwise instructed in the SCC the supplier shall make arrangements or insuring the
goods against loss or damage incidental to manu acture or acquisition transportation
storage and delivery in the ollowing manner
i) in case o supply o domestic goods including goods already imported in India on
Consignee site basis the supplier shall be responsible till the entire stores contracted
or arrival in good condition at destination The transit risk in this respect shall be
covered by the Supplier by getting the stores duly insured The insurance cover shall be
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
obtained by the Supplier and should be valid till 3 months a ter the receipt o goods by
the Consignee
ii) I the equipment is not commissioned and handed over to the consignee within 3
months the insurance will be got extended by the supplier at their cost till the
success ul installation testing commissioning and handing over o the goods to the
consignee In case the delay in the installation and commissioning is due to handing
over o the site to the supplier by the consignee such extensions o the insurance will
still be done by the supplier but the insurance extension charges at actuals will be
reimbursed
12 Consumables ampSpare parts
121 Unless speci ied in the Technical Speci icationsList o Requirements and in the resultant
contract the supplier shall supplyprovide any or all o the ollowing materials in ormation
etc pertaining to consumables spare parts manu actured andor supplied by the supplier
a) All equipment as speci ied in the List o Requirement should be able to operate with
standard quality consumables available in open market The bidder shall speci y it in
its bid and shall provide standard speci ications in su icient details o all consumables
required to operate the equipment to enable the purchaser to try or these
consumables in the open marketIt is the purchaserrsquos prerogative to purchase
standard quality consumablesspare parts rom any source available in the market
and this act shall not relieve the supplier rom any contractual obligation including
warranty amp CMC obligations
b) The spare parts as selected by the Tender Inviting AuthorityOrdering Authority to be
purchased rom the supplier subject to the condition that such purchase o the spare
parts shall not relieve the supplier o any contractual obligation including warranty
obligations and
c) In case the production o the spare parts is discontinued the supplier shall give
i) Su icient advance notice to the Tender Inviting AuthorityOrdering Authority
be ore such discontinuation to provide adequate time to the Tender
InvitingOrdering Authority to purchase the required spare parts etc and
ii) Immediately ollowing such discontinuation providing the Tender Inviting
AuthorityOrdering Authority ree o cost the designs drawings layouts and
speci ications o the spare parts as and i requested by the Tender Inviting
AuthorityOrdering Authority
122 Supplier shall carry su icient inventories to assure ex-stock supply o consumable spares or
the goods so that the same are supplied to the Tender Inviting AuthorityOrdering Authority
promptly on receipt o order rom the Tender Inviting AuthorityOrdering Authority
13 Incidental services
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
131 Subject to the stipulation i any in the SCC (Section ndash V) List o Requirements (Section ndash VI)
and the Technical Speci ication (Section ndash VII) the supplier shall be required to per orm the
ollowing services
a In orm pre-requisite or installation amp commissioning such as
civilelectricalmiscellaneous requirement well in advance to the ordering authority
b Installation amp commissioning Supervision and Demonstration o the goods
c Providing required jigs and tools or assembly minor civil works required or the
completion o the installation
d Providing Standard Operating Procedure detailing operational guidelines
limitations precautions routine maintenance and Dorsquos amp Donrsquots
e The supplier shall help in preparing a log-book
Training o Consigneersquos Doctors Sta operators etc or operating and maintaining
the goods
g Supplying required number o operation amp maintenance manual or the goods
14 Distribution of Dispatch Documents for ClearanceReceipt of Goods
The supplier shall send all the relevant despatch documents well in time to the Tender
Inviting AuthorityOrdering AuthorityConsignee to enable the Tender Inviting
AuthorityOrdering AuthorityConsignee clear or receive (as the case may be) the goods in
terms o the contract
Unless otherwise speci ied in the SCC the usual documents involved and the drill to be
ollowed in general or this purpose are as ollows
A) For Domestic Goods including goods already imported by the supplier under its own
arrangement
Within 24 hours o despatch the supplier shall noti y the Tender Inviting Authority Ordering
Authorityconsignee and others concerned i mentioned in the contract the complete
details o despatch and also supply the ollowing documents to them by registered post
speed post (or as instructed in the contract)keeping in view that the noti ication should reach
the concerned authority not on a closed daypublic holiday
(i) Three copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iii) Two copies o packing list identi ying contents o each package
(iv) Inspection certi icate issued by the Inspection agency
(v) Certi icate o origin
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Manu acturersSupplierrsquos warranty certi icate amp In-house inspection certi icate
15 Warranty and CMC
151 The supplier warrants comprehensively that the goods supplied under the contract is new
unused and incorporate all recent improvements in design and materials unless prescribed
otherwise by the Tender Inviting Authority in the contract The supplier urther warrants that
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
the goods supplied under the contract shall have no de ect arising rom design materials
(except hen the design adopted and or the material used are as per the Tender Inviting
AuthorityrsquosConsigneersquos specifications) or workmanship or rom any act or omission o the
supplier that may develop under normal use o the supplied goods under the conditions
prevailing in India
152 The warranty shall remain valid or 36 months rom the date o installation amp commissioning
except or the ollowing
a or 5 (Five) Years exclusively or items mentioned below
1 MRI Unit
2 CT Scan Simulator
3 64 Slice CT Scan
ollowed by CMC or a period o 3 (Three ) Years or all the equipment a ter the goods or any
portion thereo as the case may be have been delivered to the inal destination and installed
and commissioned at the inal destination and accepted by the Tender Inviting
AuthorityOrdering Authority in terms o the contract unless speci ied otherwise in the SCC
b No conditional warranty like mishandling manu acturing de ects etc will be
acceptable
c Warranty as well as Comprehensive Maintenance contract will be inclusive o all
accessories and Turnkey work and it will also cover the ollowing-
bull X-ray and CT tubes and high-tension cables
bull Helium replacement
bull Any kind o motor
bull Plastic amp Glass Parts
bull All kind o sensors including oxygen sensors
bull All kind o coils probes and transducers including ECG cable BP transducers SpO2
Probes Ultrasound and Colour Doppler Transducers probes BP cu s
De ibrillator internal and external paddles chart recorders ventilator reusable
patient circuits servo humidi ier with chamber electrodes and probes or blood
gas analyzer MRI coils
bull All kind o lat panel sensors and cassettes or DR amp CR systems and patients
handling trolleys etc
bull Printers and imagers including laser and thermal printers with all parts
bull UPS including the replacement o batteries
bull Air-conditioners
d Replacement and repair will be under taken or the de ective goods
e Proper marking has to be made or all spares or identi ication like printing o
installation and repair dates
153 In case o any claim arising out o this warranty the Tender Inviting AuthorityOrdering
AuthorityConsignee shall promptly noti y the same in writing to the supplier The period o
the warranty will be as per GCC clause number 152 above irrespective o any other period
mentioned elsewhere in the bidding documents
154 Upon receipt o such notice the supplier shall within 24 hours on a 24(hrs) X 7 (days) X 365
(days) basis respond to take action to repair or replace the de ective goods or parts thereo
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
ree o cost at the ultimate destination I any part is required to be replaced the de ective
equipment should be made unctional within 72 hours rom the time o breakdown call to
the supplier The supplier shall take over the replaced partsgoods a ter providing their
replacements and no claim whatsoever shall lie on the Tender Inviting AuthorityOrdering
Authority or such replaced partsgoods therea ter The penalty clause or non- recti ication
will be applicable as per tender conditions
155 In the event o any recti ication o a de ect or replacement o any de ective goods during the
warranty period the warranty or the recti iedreplaced goods shall be extended to a urther
period o twenty our (24) months rom the date such recti ied replaced goods starts
unctioning to the satis action o the Tender Inviting Authority
156 I the supplier having been noti ied ails to respond to take action to repair or replace the
de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the Tender Inviting
Authority may proceed to take such remedial action(s) as deemed it by the Tender Inviting
AuthorityOrdering Authority at the risk and expense o the supplier and without prejudice
to other contractual rights and remedies which the Tender Inviting Authority may have
against the supplier
157 During Warranty period the supplier is required to visit at each consigneersquos site at least once
in 4 months commencing rom the date o the installationcommissioning or preventive
maintenance o the goods and any no o breakdown calls The supplier shall also carry out
calibration o equipment during warranty period as per manu acturerrsquos guidelines
158 The Tender Inviting Authority shall enter into Annual Comprehensive Maintenance Contract
(CMC) with the Supplier or the next three years a ter completion o warranty period CMC is
an extension o warranty period All conditions wrt replacement o parts and accessories
shall also be applicable during CMC period Tender Inviting Authority shall pay CMC rates as
prescribed in Annexure lsquoArsquo plus applicable service tax TIA shall enter into CMC only or those
equipment which are mentioned in Annexure lsquoArsquo
159 The supplier and the CMC provider shall ensure continued supply o the spare parts or the
machines and equipment supplied by them to the Tender Inviting Authority or 10 years rom
the date o installation and handing over
1510 The Supplier and the CMC Provider shall always accord most avoured client status to the
Tender Inviting Authority vis-agrave-vis its other ClientsTender Inviting Authority o its
equipmentmachinesgoods etc and shall always give the most competitive price or its
machinesequipment supplied to the Tender Inviting AuthorityOrdering
AuthorityConsignee
1512 During CMC period the supplier is required to visit at each consigneersquos site at least once in 4
months commencing rom the date o entering into CMC contract or preventive
maintenance o the goods and any no o breakdown calls During CMC too CMC provider
shall calibrate the equipment as per manu acturerrsquos guidelines
1511 I the supplier having been noti ied during CMC period ails to respond to take action to
repair or replace the de ect(s) within 72 hours on a 24(hrs) X 7 (days) X 365 (days) basis the
Tender Inviting Authority shall without prejudice to other rights and remedies available to
the Tender Inviting Authority under the contract impose liquidated damages a sum
equivalent to 01 per day o delay up to 7 days 02 per day o delay up to 14 days and
025 per day o delay beyond 14 days o equipment purchase cost
16 ssignment
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
161 The Supplier shall not assign either in whole or in part its contractual duties responsibilities
and obligations to per orm the contract except with the Tender Inviting Authorityrsquos prior
written permission
17 Sub Contracts
171 The Supplier shall noti y the Tender Inviting Authority in writing o all sub contracts awarded
under the contract i not already speci ied in its tender Such noti ication in its original
tender or later shall not relieve the Supplier rom any o its liability or obligation under the
terms and conditions o the contract Sub contracts shall not be inconsistent with the terms
o the tendercontract agreement
172 Sub contracts shall also comply with the provisions o GCC Clause 4 (ldquoCountry o Originrdquo)
18 Modification of contract
181 I necessary the Tender Inviting Authority may by a written order given to the supplier at
any time during the currency o the contract amend the contract by making alterations and
modi ications within the general scope o contract in any one or more o the ollowing
a) Speci ications drawings designs etc where goods to be supplied under the
contract are to be specially manu actured or the Tender Inviting Authority
b) Mode o packing
c) Incidental services to be provided by the supplier
d) Mode o despatch
e) Place o delivery and
) Any other area(s) o the contract as elt necessary by the Tender Inviting Authority
depending on the merits o the case
182 In the event o any such modi icationalteration causing increase or decrease in the cost o
goods and services to be supplied and provided or in the time required by the supplier to
per orm any obligation under the contract an equitable adjustment shall be made in the
contract price andor contract delivery schedule as the case may be and the contract
amended accordingly I the supplier doesnrsquot agree to the adjustment made by the Tender
Inviting AuthorityOrdering Authority the supplier shall convey its views to the Tender
Inviting AuthorityOrdering Authority within twenty-one days rom the date o the supplierrsquos
receipt o the Tender Inviting AuthorityrsquosConsigneersquos amendment modi ication o the
contract
19 Prices
191 Prices to be charged by the supplier or supply o goods and provision o services in terms o
the contract shall not vary rom the corresponding prices quoted by the supplier in its tender
and incorporated in the contract except or any price adjustment authorised in the SCC
20 Taxes and Duties
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
201 Supplier shall be entirely responsible or all taxes duties ees levies etc incurred until
delivery o the contracted goods to the Tender Inviting Authority
202 Further instruction i any shall be as provided in the SCC
21 Terms and Mode of Payment
211 Payment Terms
Payment shall be made subject to recoveries i any by way o liquidated damages or any
other charges as per terms amp conditions o contract in the ollowing manner
) Payment for Domestic Goods Or Foreign Origin Located Within India
Payment shall be made in Indian Rupees as speci ied in the contract in the ollowing manner
a) On delivery
85 payment o the contract price shall be paid on receipt o goods in good condition
and upon the submission o the ollowing documents
(i) Four copies o supplierrsquos invoice showing contract number goods description
quantity unit price and total amount
(ii) Test certi icate issued by In-house Quality control department
(iii) Consignee Receipt Certi icate as per Section XVI in original issued by the authorized
representative o the consignee
(iv) Two copies o packing list identi ying contents o each package
(v) Inspection certi icate issued by the Inspection agency as per clause GCC 8
(vi) Insurance Certi icate as per GCC Clause 11
(vii) Certi icate o origin
b) On cceptance
Balance 15 payment would be made against lsquoFinal Acceptance Certi icatersquo as per
Section XVII o goods to be issued by the consignees subject to recoveries i any
either on account o non-recti ication o de ectsde iciencies not attended by the
Supplier or otherwise
B) Payment of Turnkey if any
Turnkey payment will be made to the manu acturerrsquos agent in Indian rupees indicated in the
relevant Price Schedule or by Tender Inviting Authority and shall not be subject to urther
escalation exchange variation Payment shall be made in Indian Rupees to the supplier
C) Payment for nnual Comprehensive Maintenance Contract Charges
The Tender Inviting Authority will enter into CMC with the supplier at the rates as stipulated
under clause GCC 15 (mentioned at Annexure lsquoArsquo) The payment o CMC will be made on six
monthly basis a ter satis actory completion o said period duly certi ied by the consignee
and on receipt o bank guarantee or an amount equivalent to 10 o the CMC contract
cost as per ormat given in Section XV valid till 2 months a ter expiry o entire CMC period
212 The supplier shall not claim any interest on payments under the contract
213 Where there is a statutory requirement or tax deduction at source such deduction towards
income tax and other tax as applicable will be made rom the bills payable to the Supplier at
rates as noti ied rom time to time
214 The payment shall be made in Indian currency only
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
215 The supplier shall send its claim or payment in writing when contractually due along with
relevant documents etc duly signed with date to the Tender Inviting respective consignees
(as the case may be)
216 While claiming payment the supplier is also to certi y in the bill that the payment being
claimed is strictly in terms o the contract and all the obligations on the part o the supplier
or claiming that payment has been ul illed as required under the contract
217 While claiming reimbursement o duties taxes etc (like sales tax excise duty custom duty)
rom the Tender Inviting AuthorityOrdering AuthorityConsignee as and i permitted under
the contract the supplier shall also certi y that in case it gets any re und out o such taxes
and duties rom the concerned authorities at a later date it (the supplier) shall re und to the
Tender Inviting AuthorityOrdering Authority orthwith
218 In case where the supplier is not in a position to submit its bill or the balance payment or
want o receipted copies o Inspection Note rom the consignee and the consignee has not
complained about the non-receipt shortage or de ects in the supplies made balance
amount will be paid by the paying authority without consigneersquos receipt certi icate a ter
three months rom the date o the preceding part payment or the goods in question subject
to the ollowing conditions
(a) The supplier will make good any de ect or de iciency that the consignee (s) may report
any time subsequently rom the date o despatch o goods
(b) Delay in supplies i any has been regularized
(c) The contract price where it is subject to variation has been inalized
(d) The supplier urnishes the ollowing undertakings
ldquoIWe __________ certi y that IWe have not received back the Inspection Note duly receipted by
the consignee or any communication rom the Tender Inviting Authority or the consignee about non-
receipt shortage or de ects in the goods supplied IWe ______ agree to make good any de ect or
de iciency that the consignee may report any time subsequently till the expiry o warrantyCMC
period (as the case may be) rom the date o receipt o this balance payment
22 Delay in the supplierrsquos performance
221 The supplier shall deliver the goods and per orm the services under the contract within the
time schedule speci ied by the Tender Inviting AuthorityOrdering Authority in the List o
Requirements and as incorporated in the contract
222 Subject to the provision under GCC clause 26 any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery o goods and per ormance o
services shall render the supplier liable to any or all o the ollowing sanctions
(i) imposition o liquidated damages
(ii) or eiture o its per ormance security and
(iii) termination o the contract or de ault
223 I at any time during the currency o the contract the supplier encounters conditions
hindering timely delivery o the goods and per ormance o services the supplier shall
promptly in orm the Tender Inviting AuthorityOrdering Authority in writing about the same
and its likely duration and make a request to the Tender Inviting AuthorityOrdering
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
Authority or extension o the delivery schedule accordingly On receiving the supplierrsquos
communication the Tender Inviting AuthorityOrdering Authority shall examine the situation
as soon as possible and at its discretion may agree to extend the delivery schedule with or
without liquidated damages or completion o supplierrsquos contractual obligations by issuing an
amendment to the contract
224 When the period o delivery is extended due to unexcused delay by the supplier the
amendment letter extending the delivery period shall interalia contain the ollowing
conditions
(a) The Tender Inviting AuthorityOrdering Authority shall recover rom the supplier
under the provisions o the clause 23 o the General Conditions o Contract
liquidated damages on the goods and services which the Supplier has ailed to deliver
within the delivery period stipulated in the contract
(b) That no increase in price on account o any ground whatsoever including any
stipulation in the contract or increase in price on any other ground and also
including statutory increase in or resh imposition o customs duty excise duty sales
tax VAT Service Tax and Works Contract Tax or on account o any other tax or duty
which may be levied in respect o the goods and services speci ied in the contract
which takes place a ter the date o delivery stipulated in the contract shall be
admissible on such o the said goods and services as are delivered and per ormed
a ter the date o the delivery stipulated in the contract
(c) But nevertheless the Tender Inviting AuthorityOrdering Authority shall be
entitled to the bene it o any decrease in price on account o reduction in or
remission o customs duty excise duty sales tax VAT Service Tax and Works
Contract Tax or any other duty or tax or levy or on account o any other grounds
which takes place a ter the expiry o the date o delivery stipulated in the contract
225 The supplier shall not dispatch the goods a ter expiry o the delivery period The supplier is
required to apply to the Tender Inviting AuthorityOrdering AuthorityConsignee or
extension o delivery period and obtain the same be ore despatch In case the supplier
dispatches the goods without obtaining an extension it would be doing so at its own risk and
no claim or payment or such supply and or any other expense related to such supply shall
lie against the Tender Inviting Authority
23 Liquidated damages
231 Subject to GCC clause 26 i the supplier ails to deliver any or all o the goods or ails to
per orm the services within the time rame(s) incorporated in the contract the Tender
Inviting AuthorityOrdering AuthorityConsignee shall without prejudice to other rights and
remedies available to the Tender Inviting AuthorityOrdering AuthorityConsignee under the
contract deduct rom the contract price as liquidated damages a sum equivalent to 05
per week o delay or part thereo on delayed supply o goods andor services until actual
delivery or per ormance subject to a maximum o 10 o the contract price Once the
maximum is reached the order stands cancelled and LD shall be imposed on the value o the
unexecuted order Security Deposit o such suppliers can also be or eited besides taking
other penal action like debarment rom participating in present and uture tenders o the
tender inviting authority etc
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
During the above-mentioned delayed period o supply and or per ormance the conditions
incorporated under GCC sub-clause 224 above shall also apply
24 Termination for default
241
242
243
The Tender Inviting AuthorityOrdering Authority without prejudice to any other
contractual rights and remedies available to it (the Tender Inviting AuthorityOrdering
Authority) may by written notice o de ault sent to the supplier terminate the contract in
whole or in part i the supplier ails to deliver any or all o the goods or ails to per orm any
other contractual obligation(s) within the time period speci ied in the contract or within any
extension thereo granted by the Tender Inviting AuthorityOrdering Authority pursuant to
GCC sub-clauses 223 and 224
In the event o the Tender Inviting AuthorityOrdering Authority terminates the contract in
whole or in part pursuant to GCC sub-clause 241 above the Tender Inviting
AuthorityOrdering Authority may carry out risk purchase goods andor services similar to
those cancelled with such terms and conditions and in such manner as it deems it and the
supplier shall be liable to the Tender Inviting AuthorityOrdering Authority or the extra
expenditure i any incurred by the Tender Inviting AuthorityOrdering Authority or
arranging such procurement
Unless otherwise instructed by the Tender Inviting AuthorityOrdering Authority the supplier
shall continue to per orm the contract to the extent not terminated
25 Termination for insolvency
251 I the supplier becomes bankrupt or otherwise insolvent the Tender Inviting Authority
reserves the right to terminate the contract at any time by serving written notice to the
supplier without any compensation whatsoever to the supplier subject to urther condition
that such termination will not prejudice or a ect the rights and remedies which have accrued
and or will accrue therea ter to the Tender Inviting AuthorityOrdering Authority
26 Force Majeure
261
262
263
Notwithstanding the provisions contained in GCC clauses 22 23 and 24 the supplier shall not
be liable or imposition o any such sanction so long the delay andor ailure o the supplier in
ul illing its obligations under the contract is the result o an event o Force Majeure
For purposes o this clause Force Majeure means an event beyond the control o the
supplier and not involving the supplierrsquos ault or negligence and which is not oreseeable and
not brought about at the instance o the party claiming to be a ected by such event and
which has caused the non ndash per ormance or delay in per ormance Such events may include
but are not restricted to acts o the Tender Inviting AuthorityOrdering Authority either in
its sovereign or contractual capacity wars or revolutions hostility acts o public enemy civil
commotion sabotage ires loods explosions epidemics quarantine restrictions strikes
excluding by its employees lockouts excluding by its management and reight embargoes
I a Force Majeure situation arises the supplier shall promptly noti y the Tender Inviting
AuthorityOrdering Authority in writing o such conditions and the cause thereo within
twenty one days o occurrence o such event Unless otherwise directed by the Tender
Inviting AuthorityOrdering Authority in writing the supplier shall continue to per orm its
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
obligations under the contract as ar as reasonably practical and shall seek all reasonable
alternative means or per ormance not prevented by the Force Majeure event
264 I the per ormance in whole or in part or any obligation under this contract is prevented or
delayed by any reason o Force Majeure or a period exceeding sixty days either party may
at its option terminate the contract without any inancial repercussion on either side
265 In case due to a Force Majeure event the Tender Inviting AuthorityOrdering Authority is
unable to ul il its contractual commitment and responsibility the Tender Inviting
AuthorityOrdering Authority will noti y the supplier accordingly and subsequent actions
taken on similar lines described in above sub-paragraphs
27 Termination for convenience
271 The Tender Inviting AuthorityOrdering Authority reserves the right to terminate the
contract in whole or in part or its (Tender Inviting AuthorityrsquosOrdering Authorityrsquos)
convenience by serving written notice on the supplier at any time during the currency o the
contract The notice shall speci y that the termination is or the convenience o the Tender
Inviting AuthorityOrdering Authority The notice shall also indicate interalia the extent to
which the supplierrsquos per ormance under the contract is terminated and the date with e ect
rom which such termination will become e ective
272 The goods and services which are complete and ready in terms o the contract or delivery
and per ormance within thirty days a ter the supplierrsquos receipt o the notice o termination
shall be accepted by the Tender Inviting AuthorityOrdering Authority ollowing the contract
terms conditions and prices For the remaining goods and services the Tender Inviting
AuthorityOrdering Authority may decide
a) To get any portion o the balance completed and delivered at the contract terms
conditions and prices and or
b) To cancel the remaining portion o the goods and services and compensate the
supplier by paying an agreed amount or the cost incurred by the supplier towards
the remaining portion o the goods and services
28 Governing language
281 The contract shall be written in English language ollowing the provision as contained in GIT
clause 4 All correspondence and other documents pertaining to the contract which the
parties exchange shall also be written accordingly in that language
29 Notices
291 Notice i any relating to the contract given by one party to the other shall be sent in writing
or by cable or telex or acsimile and con irmed in writing The procedure will also provide the
sender o the notice the proo o receipt o the notice by the receiver The addresses o the
parties or exchanging such notices will be the addresses as incorporated in the contract
292 The e ective date o a notice shall be either the date when delivered to the recipient or the
e ective date speci ically mentioned in the notice whichever is later
30 Resolution of disputes
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
301 I dispute or di erence o any kind shall arise between the Tender Inviting
AuthorityOrdering Authority and the supplier in connection with or relating to the contract
the parties shall make every e ort to resolve the same amicably by mutual consultations
302 I the parties ail to resolve their dispute or di erence by such mutual consultation within
twenty-one days o its occurrence then unless otherwise provided in the SCC either the
Tender Inviting AuthorityOrdering Authority or the supplier may give notice to the other
party o its intention to commence arbitration as hereina ter provided the applicable
arbitration procedure will be as per the Arbitration and Conciliation Act 1996 o India
303 All disputes arising out o tendering process shall be within the jurisdiction o High Court o
Madhya Pradesh principal seat at Jabalpur India
304 Arbitration proceedings shall be convened by a panel o three arbitrators one arbitrator each
shall be nominated by both the parties and the third arbitrator shall be appointed with the
mutual consultation and consent o both the arbitrators
305 The award passed by the arbitrators shall be inal and binding
306 Venue o Arbitration The venue o arbitration shall be the place rom where the contract has
been issued ie Bhopal Madhya Pradesh India
31 pplicable Law
The contract shall be governed by and interpreted in accordance with the laws o India or
the time being in orce
32 General Miscellaneous Clauses
321 Nothing contained in this Contract shall be constructed as establishing or creating between
the parties ie the Supplierits Indian AgentCMC Provider on the one side and the Tender
Inviting Authority on the other side a relationship o master and servant or principal and
agent
322 Any ailure on the part o any Party to exercise right or power under this Contract shall not
operate as waiver thereo
323 The Supplier shall noti y the Tender Inviting AuthorityOrdering Authority the Government
o Madhya Pradesh o any material change would impact on per ormance o its obligations
under this Contract
324 Each memberconstituent o the SupplierCMC Provider in case o consortium shall be
jointly and severally liable to and responsible or all obligations towards the Tender Inviting
AuthorityOrdering AuthorityGovernment or per ormance o contractservices including
that o its AssociatesSub Contractors under the Contract
325 The Supplierits Indian AgentCMC Provider shall at all times indemni y and keep
indemni ied the Tender Inviting AuthorityGovernment o India against all claimsdamages
etc or any in ringement o any Intellectual Property Rights (IPR) while providing its services
under CMC or the Contract
326 The Supplierits AgentCMC Provider shall at all times indemni y and keep indemni ied the
Tender Inviting AuthorityOrdering AuthorityGovernment o Madhya Pradesh against any
claims in respect o any damages or compensation payable in consequences o any accident
or injury sustained or su ered by its employees or agents or by any other third party
resulting rom or by any action omission or operation conducted by or on behal o the
supplierits associatea iliate etc
327 All claims regarding indemnity shall survive the termination or expiry o the contract
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
SECTION ndash II
SPECI L CONDITIONS OF CONTR CT (SCC)
The ollowing Special Conditions o Contract (SCC) will apply or this purchase The corresponding
clauses o General Conditions o Contract (GCC) relating to the SCC stipulations have also been
incorporated below
These Special Conditions will modi ysubstitutesupplement the corresponding (GCC) clauses
Whenever there is any con lict between the provision in the GCC and that in the SCC the provision
contained in the SCC shall prevail
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
SECTION ndash XIV
B NK GU R NTEE FORM FOR PERFORM NCE SECURITY CMC SECURITY
To
Director Medical Services In charge Procurement Directorate of Health Services Government of
Madhya Pradesh 4Th Floor SatpuraBhawan Bhopal-462004 Hospital Institution in case of CMC
WHEREAS _____________________________ (Name and address o the supplier) (Hereina ter
called ldquothe supplierrdquo) has undertaken in pursuance o contract no________________________
dated _____________ to supply (description o goods and services) (herein a ter called ldquothe
contractrdquo)
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall urnish you
with a bank guarantee by a scheduled commercial bank recognised by you or the sum speci ied
therein as security or compliance with its obligations in accordance with the contract
AND WHEREAS we have agreed to give the supplier such a bank guarantee
NOW THEREFORE we hereby a irm that we are guarantors and responsible to you on behal o the
supplier up to a total o ________________________ (Amount o the guarantee in words and
igures) and we undertake to pay you upon your irst written demand declaring the supplier to be
in de ault under the contract and without cavil or argument any sum or sums within the limits o
(amount o guarantee) as a oresaid without your needing to prove or to show grounds or reasons
or your demand or the sum speci ied therein
We hereby waive the necessity o your demanding the said debt rom the supplier be ore presenting
us with the demand
We urther agree that no change or addition to or other modi ication o the terms o the contract to
be per ormed there under or o any o the contract documents which may be made between you
and the supplier shall in any way release us rom any liability under this guarantee and we hereby
waive notice o any such change addition or modi ication
This guarantee shall be valid up to 30 (thirty) months rom the date o Noti ication o Award ie up
to ----------- (indicate date)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
(Signature with date o the authorised o icer o the Bank)
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Name and designation o the o icer
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Seal name amp address o the Bank and address o the Branch
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
CONTR CT FORM ndash B
CONTR CT FORM FOR NNU L COMPREHENSIVE M INTEN NCE CONTR CT
nnual CM Contract No_______________________ dated_________________
Between
(Address o Head o HospitalInstituteMedical College)
And
(Name amp Address o the Supplier)
Ref Contract No___________ dated______________ (Contract No amp date of Contract for supply
installation commissioning handing over Trial run Training of operators amp warranty of
goods)
In continuation to the above re erred contract
2 The Contract o Annual Comprehensive Maintenance is hereby concluded as under
-
1 2 3 4 5
Schedule
No
BRIEF
DESCRIPTION OF
GOODS
QU NTITY
(Nos)
nnual
Comprehensive
Maintenance Contract
Cost for Each Unit year
wise
Total nnual
Comprehensive
Maintenance Contract
Cost for 3 Years
[3 x (4a+4b+4c)] 1st
2nd
3rd
a b C
Total value (in igure) ____________ (In words) ___________________________
b) The CMC commence rom the date o expiry o all obligations under Warranty ie
rom______________ (date o expiry o Warranty) and will expire on ______________
(date o expiry o CMC)
c) The cost o Annual Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance labour and spares a ter satis actory completion o Warranty period may be
quoted or next 3 years as contained in the above re erred contract on yearly basis or
complete equipment (including X ray tubes Helium or MRI Batteries or UPS other
vacuumatic parts _____ amp _____) and Turnkey (i any)
d) There will be 96 uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis with inancial penalty and to extend CMC period by double the downtime period
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
____________________________
e) During CMC period the supplier shall visit at each consigneersquos site or preventive maintenance
including testing and calibration as per the manu acturerrsquos service technical operational
manual The supplier shall visit each consignee site as recommended in the manu acturerrsquos
manual but at least once in 4 months commencing rom the date o the success ul completion
o warranty period or preventive maintenance o the goods
) All so tware updates should be provided ree o cost during CMC
g) The bank guarantee valid till ______________ [( ill the date) 2 months a ter expiry o entire
CMC period] or an amount o Rs _______________ [( ill amount) equivalent to 10 o the
CMC contract cost ] shall be urnished in the prescribed ormat given in Section XV o the TE
document along with the signed copy o Annual CMC within a period o 21 (twenty one) days
o issue o Annual CMC ailing which the proceeds o Per ormance Security shall be payable to
the Tender Inviting AuthorityOrdering Authority
h) I there is any lapse in the per ormance o the CMC as per contract the proceeds Annual
CMC bank guarantee or an amount o Rs __________ (equivalent to 10 o the CMC
contract value as per contract) shall be payable to the Consignee
i) Payment terms The payment o Annual CMC will be made against the bills raised to the
consignee by the supplier on six monthly basis a ter satis actory completion o said period
duly certi ied by the HOD concerned The payment will be made in Indian Rupees
j) Paying authority ______________________ (name o the TIA rsquos authorised o icial)
(Signature name and address
of Tender Inviting uthorityrsquos authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature name and address o the supplierrsquos executive
duly authorised to sign on behal o the supplier)
For and on behal o _________________________
(Name and address o the supplier)
(Seal o the supplier)
Date _________________________
Place _________________________
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
SECTION ndash XVI
CONSIGNEE RECEIPT CERTIFIC TE
(To be given by consigneersquos authorized representative or by duly authorised person of Ordering
uthorityTI )
The ollowing store (s) hashave been received in good condition
1) Contract No amp date ______________________________
2) Supplierrsquos Name ______________________________
3) Consigneersquos Name amp Address with
telephone No amp Fax No ______________________________
4) Name o the item supplied ______________________________
5) Quantity Supplied ______________________________
6) Date o Receipt by the Consignee ______________________________
7) Name and designation o Authorized
Representative o Consignee ______________________________
8) Signature o Authorized Representative o
Consignee with date ______________________________
9) Seal o the Consignee ______________________________
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
_______________________
_______________________
_____________________________________
________________________________________________________________
SECTION ndash XVII
Proforma of Final cceptance Certificate by the Consignee
No_______________
Date_______________
To
Ms _______________________
Subject Certi icate o commissioning o equipmentplant
01 This is to certify that the equipment(s)plant(s) as detailed below hashave been
received in good conditions along with all the standard and special accessories and
a set of spares (subject to remarks in Para no02) in accordance with the
contracttechnical specifications The same has been installed and commissioned
(a) Contract No______________________________________
dated__________________
(b) Description o the equipment(s)plants
(c) Equipment(s) plant(s)
nos_______________________________________________
(d) Quantity
(e) Bill o LoadingAir Way BillRailway Receipt Goods Consignment Note
no_______________ dated _________________
( ) Name o the
vesselTransporters___________________________________________
(g) Name o the
Consignee___________________________________________________
(h) Date o commissioning and proving
test____________________________________
01 Details of accessoriesspares not yet supplied and recoveries to be made
on that account
Sl Description o Item Quantity Amount to be recovered
No
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
a The proving test has been done to our entire satis action and operators have been
trained to operate the equipment(s)plant(s)
b The supplier has success ully demonstrated the working o the equipment
c The supplier has provided training to the operating sta
d The supplier has also provided Standard operating Procedure or operational
guidelines precautions limitations including preliminarymaintenance instructions
e The supplier has ul illed its contractual obligations satis actorily
OR
02 The supplier has ailed to ul il its contractual obligations with regard to the ollowing
a He has not adhered to the time schedule speci ied in the contract in
dispatching the documentsdrawings pursuant to lsquoTechnical Speci icationsrsquo
b He has not supervised the commissioning o the equipment(s)plant(s)in time ie
within the period speci ied in the contract rom date o intimation by the Tender
Inviting AuthorityOrdering Authority in respect o the installation o the
equipment(s)plant(s)
c The supplier as speci ied in the contract has not done training o personnel
Signature
Name
Designation with stamp
Explanatory notes for filling up the certificate
a He has adhered to the time schedule specified in the contract in dispatching the
documentsdrawings pursuant to lsquoTechnical Specificationrsquo
b He has supervised the commissioning of the equipment(s)plant(s) in time ie
within the time specified in the contract from date of intimation by the Tender
Inviting uthorityOrdering uthority in respect of the installation of the
equipment(s)plant(s)
c Training of personnel has been done by the supplier as specified in the contract
In the event o documentsdrawings having not been supplied or installation and
commissioning o the equipment(s)plant(s) having been delayed on account o the
supplier the extent o delay should always be mentioned in clear terms
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
Approve Rates of Ten er No 232 (Equipments)
Sr Brief Total Name an a ress Notification Warr Unit Rate Applicable CMC Ter RC No Vali ity
No Description In icat of of an (inclusive Charges ms an perio of RC
of iv Supplier Awar an ty of taxes) after expiry of an Date
Equipment e Manufacturer Technical perio Rs) warranty Con
Quanti Specificatio perio of 3 yearsii iti
ty ns on
un er s of
RC RC
01 C-A M
lmaging
Attachment
Table
16 Ms Staan Bio Med
Engineering Private
Limited
190- A- Bharathiar
oad
Ganapathi
Coimbatore
Phone09363121030
Mail id-
staan3gmailcom
As attached 3
Years
21524958 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14-to
22-11-15
02 Phaco
Emulsificati
on Machine
10 Ms Abbott Medical
OPtics
ltd the
masterpiece level 5
Golf course road
sector-54
Gurgaon-122002
Phone-0124-
4618000
Cell- 9958000563
idsudhirsinghamo
abbottcom
As attached 3
Years
182199990 4th
Year
5
of Cost
of
Equipm
ent
637700 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614[
12-12-14-to
12-12-15
5th
Year
6
of Cost
of
Equipm
ent
765240
6th Yr
7
of Cost
of
Equipm
ent
892780
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
03 Monocular
Microscope
07 Ms Sudheer
Scientific Works
1265 Bengali
Mohalla Ambala
Cantt
Phone num- 0171-
2631615
Mail id-
infosuswoxcom
As attached 3
years
10686 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
12-12-14-to
12-12-15
04 Donor
Couch
02 Ms emi
Elektrotechnik
Limited
remi house 11
Cama
industrial estate
Goregaon (E)
Mumbai
Phone num- 022-
40589888
As attached 3
years
9675653 Not Applicable As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
05 C-arm
lmaging
SYstem
12 Ms Allengers
Medical
Svstems ltd SCO-
212-213-
214 Sector 34-A
Chandigarh
Cell-9329784442
Phone-0172-
3012280
idssrathorealleng
ersnet
As attached 3
years
118627530 4th
Year
9
of
Cost
of
Equip
ment
1708240 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th Yr
10
of
Cost
of
Equip
ment
1898048
6th Yr
11
of
Cost
of
Equip
ment
2087840
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
06 Blood
Collection
Monitor
01 Ms Terumo Penpol
Limited
flat num 204 B
wing daulat
nagar SV road
Borivali (E)
Mumbai-400066
Phone-022-
28938683
Cell-9870020089
idmannabrterumo
penpolcom
As attached 3
years
77059 4th
Year
5
of
Cost
of
Equip
ment
96325 As
atta
che
d
equipment
GOMPE
QUIP C
2014232
dated
3614
22-11-14 to
22-11-15
5th
Year
6
of
Cost
of
Equip
ment
115600
6th
Year
7
of
Cost
of
Equip
ment
134850
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92
Direc ora e of Heal h Services Bhopal
Approved l ems - Tender No 182 - Ra e Con rac of Hospi al Equipmen s
Sr rief Description of Total Name and War Unit Applicable RC Vali
Equipment Indic address of ran Rate CMC Charges No dity
N ativ e Supplier ty (inclus after expiry of and peri
o Quan
tity
unde
r RCi
Manufacturer peri
od
ive of
taxes)
Rs)
warranty
period of 3
years
Date
d
od
of
RC
1 Audiator rain Stem
response(A ER)Screeni
ng rainstem Evoked
Audiometer with ASSR
Model- EPIC -Plus
07 Ms
Ortholine15
Gurjar shopping
Complex Tulsi
Nagar hopal
Phone
03 6477
50-
4th year
4
cost of
equipm
ent
2591
0
182
-dt-
5-
3-
14
24-
1-15
to
24-
01-
16 5th year 3238
no9826024974
0755-280860
idajay98260ya
hooconz
5
cost of
equipm
ent
7
6th year 3886
6
cost of
equipm
ent
5
2 Otoacoustic Emission
Screener Model- Titan
(DP+TE)with Printer
07 Ms Alps
international pvt
Ltd Ashirwad
commercial
Complex D- 1
green Park N-
Delhi Phone-
9810017455
011-41755191
Mail id-
salesalpsin
03 2982
00-
4th
year
4
cost of
equip
ment
119
28
182-
dt-5-
3-14
24-
1-15
to
24-
01-
16
5th
year
5
cost of
equip
ment
149
10
6th
year
6
cost of
equip
ment
178
92