Procedure followed in the decision making process including channels of supervision and accountability
Supply Contracts of Steel Authority of India Ltd
GENERAL CONDITIONS OF CONTRACT
All other special terms and conditions mentioned in tender (s) issued by Plants/ Units where they differ from these general conditions of Contract i.e. SAIL P-1, shall override the latter.
- DEFINITIONS :
- The term “the contract” shall mean the invitation to tender, the instructions to tenderers, the tender, acceptance of tender, “particulars” hereinafter defined and those general and special conditions that may be added.
- The term “the contractor” shall mean the person, firm or company with whom the order for the supply is placed and shall be deemed to include the Contractor’s successors (approved by the purchaser), representatives, heirs, executors and administrators unless excluded by the contract.
- The term “Company” shall mean the Steel Authority of India Limited.
- The term “Purchaser” shall mean the Steel Authority of India Limited.
- The term “the Inspector” shall mean any person nominated by or on behalf of the purchaser to inspect supplies stores or work under the contract or his duly authorized agent.
- The term “Progress Officer” shall mean any person nominated by or on behalf of the purchaser to visit Contractor’s works to ascertain position of deliveries of stores purchased.
- The term “particulars” shall mean the following :
- Sealed Pattern denoting a pattern sealed and signed by the Inspector.
- AUTHORITY OF PERSON SIGNING DOCUMENTS :
A person signing the Tender Form or any document forming part of the contract on behalf of another shall be deemed to warranty that he has authority to bind such other and if, on enquiry, it appears that the person so signing had no authority to do so, the Purchaser may without prejudice to other civil and criminal remedies, cancel the contract and hold the signatory liable for all Costs and damages.
- RESPONSIBILITY FOR EXECUTING CONTRACT :
- General – The contractor is to be entirely responsible for the execution of the contract in all respects in accordance with the terms and conditions as specified in the acceptance of tender and the schedule annexed thereto. Any approval which the Inspector may have given in respect of the stores, materials or other particulars and the work or the workmanship involved in the contract (whether with or without test carried out by the contractor or the Inspector) shall not bind the purchaser and notwithstanding any approval or acceptance given by the Inspector, it shall be lawful for the consignee of the stores on behalf of the Purchaser to reject the stores on arrival at the destination, if it is found that the stores supplied by the contractor are not in conformity with the terms and conditions of contract in all respects.
- Subletting Of Contract --The contractor shall not sublet, transfer or assign the contract or any part thereof without the written permission of the Purchaser. In the event of the contractor contravening this condition, the Purchaser shall be entitled to place the contract elsewhere on the contractor’s account and at his risk and the contractor shall be liable to any loss or damage which the Purchaser may sustain in consequence or arising out of, such replacing of the contract.