Contractor means a company……………………………Company) incorporated under _______________________ and having its registered office at and shall include its assigns and successors. (d) " This Contract" Shall mean the Articles of Agreement, the Special conditions, the Appendix, the Schedule of Quantities and specifications etc. attached hereto and duly signed. (e) "Notice in writing" Or written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post, it would have been delivered. (f) "Act of Insolvency" Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such or iginal. (g) "Net Prices" If in arriving at the contract amount, the contractor shall have added to or deducted from the total of the items in the tender any sum, either as a percentage or otherwise, then the net price of any item in the tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the Tender. The expression "net rates" or "net prices" when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. (h) " The works" Shall mean “Comprehensive Annual Maintenance Contract for Maintenance of Standalone AC units at Bank’s Main Office Building in Chennai”as provided herein. Word importing persons include firms and corporations. Word importing the singular only also includes the plural and vice-versa where the context requires. 5.2
Contractor shall be as per applicable GCC. ii. “Supplier” shall be as defined in CLND Rule 24-2. iii. “Product Liability Period (PLP)” shall be as defined in CLND Rule 24-2. Explanation w.r.t. GCC: In case of supply of equipment(s), PLP shall be the Defect Liability Period plus contractual Latent Defect Liability Period, where as in case of services, PLP shall be up to Defect Liability period as defined in applicable GCC. iv. “Initial License” (Refer CLND Rule 24-2): The initial license, unless otherwise specified, is valid for a period of five years from the date of its issue by AERB. * Strike off if not applicable * * * * * * FORM NO. CMM – 22/Rev.4 NUCLEAR POWER CORPORATION OF INDIA LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT GENERAL CONDITIONS OF CONTRACT GOVERNING SUPPLY OF STORES APPLICABLE TO THE CONTRACTS FOR INDIGENOUS STORES PLACED BY NUCLEAR POWER CORPORATION OF INDIA LIMITED INDEX LIST OF CONTENTS CLAUSE NO. TITLE PAGE NO. 01 PREAMBLE 03 02 DEFINITIONS 03 03 SUBLETTING OR ASSIGNMENT OF CONTRACT 05 04 CONTRACT SPECIFICATIONS AND DRAWINGS 05 05 ALTERATION OF SPECIFICATION, PATTERNS & DRAWINGS 06 06 MISTAKES IN DRAWINGS 06 07 CONTRACTOR'S LIABILITY FOR DEFECTIVE STORES 06 08 WARRANTY 07 09 CONTRACT PRICE / RATE 07 10 SAMPLES 07 11 PACKING & MARKING 07 12 CONTRACTOR'S LIABILITY REGARDING DESPATCH / DELIVERY 08 13 INSURANCE 08 14 DELIVERY SCHEDULE 08 15 FORCE MAJEURE 10 16 QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND REJECTION 10 17 RECOVERY OF SUMS DUE 11 18 MODES OF PAYMENT 12 19 TERMS OF PAYMENT 12 20 SUPPLY OF FREE ISSUE MATERIAL (FIM) 13 21 EXERCISING THE RIGHTS & POWERS OF THE PURCHASER 14 22 INDEMNITY 15 23 ARBITRATION 15 24 PERMITS & LICENCE 16 25 INSPECTION & FINAL ACCEPTANCE TEST 16 CLAUSE NO. TITLE PAGE NO. 26 TITLE TO THE PLANT / EQUIPMENT / MACHINERY / INSTRUMENTS 16 27 TRAINING 16 28 OPERATION INSTRUCTION MANUAL 17 29 LAW GOVERNING THE CONTRACT 17 30 JURISDICTION 17 31 SECRECY 17 LIST OF ANNEXURES / APPENDICES ANNEXURE – A : FORMAT FOR “INDEMNITY BOND AGAINST FREE ISSUE MATERIAL” APPENDIX – A : FORMAT FOR “CERTIFICATE TOWARDS EXCISE DUTY” APPENDIX – B : FORMAT FOR “CERTIFICATE TOWARDS SALES TAX” APPENDIX – C : FORMAT FOR “CERTIFICATE TOWARDS SERVICE TAX” CMM-22/Rev. 4 GENERAL CONDITIONS OF ALL CONTRACTS FOR INDIGENOUS STORES PLACED BY NUCLEAR POWER CORPORATION OF INDIA LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) GENERAL CONDITIONS OF CONTRACT 1
Contractor means firm or company with whom or with which the order for the supply of Stores is placed and shall be deemed to include the Contractor’s legal successors and/or assignees (approved by the Purchaser), representatives, heirs, executors and administrators unless excluded by the Contract. 2.8 "STORES” shall mean and include what the Contractor agreed to supply under the Contract as specified in the Contract and shall include inter-xxxx xxxxx and materials, equipment, machinery, components, instruments, appliances, accessories and plant 2.9 “CONTRACT” or "PURCHASE ORDER” shall mean the communication or document signed for and on behalf of the Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser on the terms and conditions mentioned or referred to in the said communication or document including all attachments and appendices thereto while accepting the Tender or Offer of the Contractor for supply of Stores and any subsequent amendments thereto made on the basis of mutual agreement. 2.10 "SHIPPING RELEASE" shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection. 2.11 "GUARANTEE PERIOD" or" WARRANTY PERIOD" shall mean the period during which the Contractor shall remain liable without any extra cost to the Purchaser for repair, replace or rectify any defective part or performance of the Stores supplied under the Contract. 2.12 "BID" shall mean and include offer and quotation. 2.13 "PERFORMANCE TEST" shall mean all operational checks and tests required to determine the performance parameters including inter-alia capacity, efficiency and operating characteristics of the Stores as specified in the Contract. 2.14 "ACCEPTANCE” shall mean and deemed to include one or more of the following as stipulated in the tender: a) the written acceptance of stores by the Inspector at Contractor's works to ship the materials; b) acceptance of the stores at Purchaser's Site Stores after its receipt and due inspection and release of Material Receipt Voucher. Where the scope of the Contract is only supply, the acceptance should be completed within 75 (seventy five) days from the date of receipt of Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract. c) Where the scope of the Contract includes supply, erection and commissioning, acceptance shall mean issue of ne...
Examples of Contractor in a sentence
In case of breach of these conditions, the Bank may serve a notice in writing on the Contractor rescinding the contract whereupon the security deposit shall stand forfeited to the Bank, without prejudice to his other remedies against the Contractor.
The Contractor shall indemnify the Bank for any loss suffered by the Bank as a result of disclosure of any confidential information.
The Contractor shall treat the details of the contract as private and confidential, except to the extent necessary to carry out the obligations under it or to comply with applicable laws.
The Contractor shall be responsible for due observation and implementation of the entire statutory conditions and requirements of labour laws as applicable to his workmen such as Industrial Disputes Act, Payment of P.F., ESI Act, Workmen’s compensations Act, etc.
The Contractor shall not publish, permit to be published, or disclose any particulars of the works in any trade or technical paper or elsewhere without the previous written consent of the Bank.
The Contractor shall not disclose directly or indirectly any information, materials and details of the Bank's infrastructure/systems/equipment’s etc., which may come to the possession or knowledge of the Contractor during the course of discharging its contractual obligations in connection with this agreement, to any third party and shall at all times hold the same in strictest confidence.
Failure to observe the above shall be treated as breach of contract on the part of the Contractor and the Bank shall be entitled to claim damages and pursue legal remedies.
The Contractor shall follow all the relevant provisions of the Contract Labour (R & A) Act, 1970 and Contract Labour (R & A) Central Rules, 1971 and ensure to maintain all the records as prescribed there under and by the Office of the Labour Commissioner (Central).
The Contractor shall take all appropriate actions with respect to its employees to ensure that the obligations of non-disclosure of confidential information under this agreement are fully satisfied.
Contractor shall, at least once in the month and/ or as and when called, in person visit the respective office for better coordination and / or performance review.
More Definitions of Contractor
Contractor. (in the case of a partnership) “Contractor” shall mean Partnership Firm trading in the name and style of cleaning, housekeeping and sweeping and having a place of business at Kohima, and shall include the partners for the time being of the said firm and the legal representatives of a deceased partner. (in the case of individual) “Contractor” shall mean Shri trading in the name and style of cleaning, housekeeping and sweeping and shall include his heirs, successors and legal representatives. (in the case of Company) “Contractor” shall mean Company, a company incorporated under Companies Act, 2013 or under any previous company law and having its full-fledged service setup at Kohima, and shall include its successors and assigns. (c) “Site” Shall mean the site of the Contract Works including common peripheral area thereon and any other land (inclusively) as aforesaid allotted by the Bank for the Contractor’s use. (d) “This Contract” Shall mean the Articles of Agreement, the Special Conditions, the Conditions, the Appendix, the Schedule of Quantities and Specifications, etc. attached hereto and duly signed. (e) “Tender” E-Tender being followed by xxxxx://xxx.xxxxxxxxxxxxx.xxx (f) “Bank’s Officer/Caretaker” The term “Bank’s Officer/Caretaker” shall mean the person appointed and paid by the Bank to inspect the works. The Contractor shall afford the Bank’s Officer/Caretaker every facility and assistance for inspecting the works. Neither the Bank’s Officer/Caretaker nor any representative of the Bank shall have power to set out works or to revoke, alter, enlarge or relax any requirements of the Contract, or to sanction any day work, additions, alterations, deviations, or omissions, or any extra work whatever, except in so far as such authority may be specifically conferred by a written order of the Bank’s Officer with the prior concurrence in writing of the Bank. The Bank’s Officer/Caretaker or any representative of the Bank shall have power to give notice to the Contractor or his representative of non-approval of any work or materials and such work shall be suspended or the use of such materials shall be discontinued. (g) “Notice in writing” written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post it would have been delivered. (h) “Act of Insolvency”...
Contractor means (in the case of a Partnership) and trading in the name and style of and having a place of business at and shall include the partners for the time being of the said firm and the legal representatives of a deceased partner. (c) (In the case of “Contractor" shall mean Shri trading in individual) the name and style of and shall include his heirs, successors and legal representatives. (in the case of “Contractor" shall mean a company……………………………Company) incorporated under and having its registered office at and shall include its assigns and successors. (d) " This Contract" Shall mean the Articles of Agreement, the Special conditions, the Appendix, the Schedule of Quantities and specifications etc. attached hereto and duly signed. (e) "Notice in writing" Or written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post it would have been delivered. (f) "Act of Insolvency" Shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such original. (g) "Net Prices" If in arriving at the contract amount, the Contractor shall have added to or deducted from the total of the items in the Tender any sum, either as a percentage or otherwise, then the net price of any item in the Tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the Tender. The expression "net rates" or "net prices" when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. 2.