The following Special Conditions of Contract (SCC) shall supplement and / or amend the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
GCC Clause Ref. No.
SCC
GCC 1.1 (i) The Purchaser’s country is: India.
GCC 1.1 (k) The Purchaser is: THE DIRECTOR, NIT TIRUCHIRAPPALLI
KIND ATTENTION TO : R.Ravishankar, Assistant Registrar,STORES AND PURCHASE
GCC 1.1 (j) The Project Site(s)/Final Destination(s) is/are: STORES AND PURCHASE, NIT TIRUCHIRAPPALLI.
GCC 5.1 The language shall be: English
GCC 8.1 For notices, the Purchaser’s address shall be : Attention : R.Ravishankar
Street Address : STORES AND PURCHASE Floor/ Room number : -
City : TIRUCHARAPPALLI
ZIP Code : 6 2 0 0 1 5
Country : India
Telephone : 0 4 3 1 2 5 0 3 0 5 6 , 2 5 0 3 9 6 1 Electronic mail address : stores@nitt.edu,rravi@nitt.edu GCC 9.1 The governing law shall be the law of India.
GCC 10.2 The rules of procedure for arbitration proceedings pursuant to GCC Clause 10.2 shall be as follows :
Contracts with Supplier for arbitral proceeding
In the case of a dispute between the Purchaser and a Supplier, the dispute shall be referred to adjudication or arbitration in accordance with the laws of India by the arbitrator appointed by The Director,NITT, unless otherwise agreed.
GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are:
(i) An airway bill
(ii) Insurance Certificate,
(iii) Manufacturer’s or Supplier’s Warranty Certificate,
(iv) Inspection Certificate issued by nominated inspection agency, (v) Supplier’s factory shipping details etc.
(vi) The above documents shall be received by the Purchaser before arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses.
GCC 15.1 The prices charged for the Goods supplied and the related Services performed shall not be adjustable.
GCC 16.1 GCC 16.1—The method and conditions of payment to be made to the Supplier under this Contract shall be as follows :
Payment for Goods supplied from abroad :
Payment of foreign currency portion shall be made in Indian Rupees in the
following manner :
(i) On Shipment : Ninety (90%) percent of the Contract Price of the Goods shipped shall be paid through irrevocable confirmed letter of credit opened in favor of the Supplier in a bank in its country, upon receiving equipment in good condition and documents specified in GCC Clause 13.1 under Section- VII.
(ii) On Acceptance : Remaining (10%) percent of the Contract Price of Equipment received shall be paid within thirty (30) days of receipt of the equipment upon submission of claim supported by the acceptance certificate issued by the Purchaser by bank draft/wire transfer.
Payment of local currency portion shall be made in Indian Rupees within thirty (30) days of presentation of claim supported by a certificate from the Purchaser declaring that the Goods have been delivered and that all other contracted Services have been performed.
Payment for Goods and Services supplied from within India :
Payment for Goods and Services supplied from within India shall be made in Indian Rupees, as follows :
(i) On Delivery, Acceptance and Installation and Commissioning : Hundred (100%) percent of the Contract Price shall be paid on receipt of the Goods in good conditions, acceptance and satisfactory installation & commissioning certificate provided by the Purchase Initiator. and acceptance certificate for satisfactory installation and functioning.
GCC 18.1 A Performance Security shall be required @ 5% of contract price.
GCC 18.3 If required, the Performance Security shall be in the form of : Bank Guarantee/Bank Deposit Reciept/Demand Draft
If required, the Performance security shall be denominated in Indian Rupees.
GCC 23.2 The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract.
GCC 24.1 The insurance coverage shall be as specified in the Incoterms.
If not in accordance with Incoterms, insurance shall be as follows: NA GCC 25.1 Responsibility for transportation of the Goods shall be as specified in the
Incoterms.
If not in accordance with Incoterms, responsibility for transportations shall be as follows: NA
GCC 25.2 Incidental services to be provided are:
Selected services covered under GCC Clause 25.2 and/or other should be specified with the desired features. The price quoted in the bid price or agreed with the selected Supplier shall be included in the Contract Price.
GCC 26.1 The inspections and tests shall be: Equipment should be installed at site by designated engineer of the firm. Demonstration should be made to the satisfaction of the P.I. At least four free visits should be made by the engineer during the first year after installation to clarify and rectify any doubts or problems as may be faced by the user.
GCC 26.2 The Inspections and tests shall be conducted at the Department where the equipment is installed. For the rest please refer to GCC 26.1.
GCC 27.1 The liquidated damage shall be: 1% per week
GCC 27.1 The maximum amount of liquidated damages shall be: 10%
GCC 28.3 The period of validity of the Warranty shall be 12 Months from date of acceptance/
satisfactory installation of the equipment.
Department where the equipment is installed.
The Supplier shall, in addition, comply with the performance and/or consumption guarantees specified under the Contract (if any). If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in part, the Supplier shall, at its discretion, either:
(a) make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests in accordance with SCC 4, or
(b) pay liquidated damages to the Purchaser with respect to the failure to meet the contractual guarantees. The rate of these liquidated damages shall be 1% per week of actual value of the equipment (maximum 10%).
GCC 28.5 The period for repair or replacement shall be: 30 days