- 15. The replacement of defective parts during the warranty period shall be sole responsibility of the supplier and the Indian agent will be solely responsible for replacement at their cost including the down time liquidation damage, customs duty, if applicable etc. be noted as a special condition of the tender.
- 16. Replacement of 10% of spare parts in a period of first year will amount to the supply of defective equipment and the Principal Company / Indian agent shall be under obligation to replace the entire equipment at their cost.
- 17. The Indian agent / supplier shall be under obligation to ensure that the delivery of the item / equipment shall be treated as completed only on installation of the equipment on site/place decided by the hospital and commissioning is done at the entire satisfaction of the authorized officer / user scientist. In case the equipment or the item is to be shifted from the place on which it was off-loaded to the site of installation & commissioning, it shall be the responsibility of the agency and no cost in this regard shall be payable by the hospital.
- 18. The principal supplier or their Indian agent shall be responsible for making the consumable / spares available throughout the life of the equipment at the prescribed discounted rate as may be mutually agreed by the user and denial or non-supply of required consumable / spares shall render the Indian agent liable for liquidated damages under the contract.

19. Technical strength of the bidder for providing supply, installation and commissioning and maintenance thereafter will be the one of the most important criteria for technical suitability.

- 20. The bidder has been authorized to inspect the site for installation of the equipment without payment of visiting fees to the Institute before submitting its tender, if found necessary, with prior permission.

Bidder must be willing to demonstrate equipment functioning to the users at the bidders cost.

- 21. The compliance report shall be properly filled up and duly signed. In the absence of compliance report tender will be disqualified and is liable to be reject.
- 22. Each and every page of the technical offer as well as the commercial offer to be submitted separately should be signed and sealed. No overwriting is permissible and such document having correction is liable to be rejected. However, cutting will be permissible on attestation by the authorized person.

23. If any dispute arises out of the transaction in any manner that shall be resolved by the sole arbitration which shall be appointed by the Director, TMH and in case such person is not acceptable to the supplier, Director-TMC shall be the final and sole arbitrator who shall undertake the exercise of arbitration to resolve the dispute and such award as may be given by Director-TMC shall be final and binding on both the parties.

- 24. The Indian supplier on behalf of its Principal supplier / manufacturer of foreign origin shall be under obligation to inform the user from time to time about the innovations / changes made by the manufacturing company in the technique or the program of software to be used in the equipment by way of advancement and will be free to suggest for adoption of the changes at the lowest expenditure as may be acceptable to the users.
- 25. The damages if occurred to the item / equipment during transit up to its installation and commissioning shall be taken care by the supplier / Indian agent either himself or through second party obligation by way of goods insurance to be arranged with a reputed goods insurance company preferably Indian company. In case an insurance policy taken from insurance company of foreign origin that shall be the responsibility of the supplier / agent and no obligation will be there on the part of the purchaser and every step whatever is required to be taken shall be initiated and taken by the agent. The vendor has to arrange Insurance till installation and commissioning of the equipment.

26. Those vendor who have paid Security deposit / Performance bank guarantee must be taken back by the vendor within 3 months of expiry period. If not collected within 3 months the expired Bank Guarantee shall be destroyed.

27. If the tenderer is not capable of quoting particular item Tenderer should clearly mention in the Technical bid in the compliance report. For the cases where the compliance report the tenderer not mentioned anything then management is free to presume that it is inclusive of the cost quoted by the tenderer.

### PART II COMMERCIAL BID