Governing Law : The Law in force in India, from time to time shall only have application, and the courts in Mumbai shall have exclusive Jurisdiction to adjudicate the disputes/differences arising out of this contract.

- 25. 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.
- 26 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.

27. Forfeiture of the EMD : If for any reason whatsoever any bidder withdraws his bid at any time prior to expiry of the validity period or after issue of the Letter of intent /work Order, Purchase order, refuses to execute the work order/ Purchase order or furnish the Security deposit and Performance Guarantee for faithful Performance of the contract within the stipulated time, the amount of EMD is liable to be forfeited by TMH.

28. 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.

### Refund of E.M.D.: a) EMD of the successful tenderer shall be refunded after the security deposit as called for the contract is furnished.

b) EMD furnished by all unsuccessful tenderers will be returned as early as possible after the expiry date of validity of their offer but not later than 30 days of award of the contract.

The vendor who is registered with MSME/NSIC is exempted from payment of EMD and tender document fees of Rs.500/-. The vendor should enclose the photo copy of MSME/NSIC certificate.

29. 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

30. In the price bid tenderers should ensure to quote the prices in the prescribed form. If a firm quotes 'Nil' charges / consideration, the bid shall be treated as unresponsive and will not be considered. (As per Rule 160 (xiv) of General Financial Rules 2005 vide DAE letter No. 1/5(3)/2012-Budget/ 2483 dated February 20, 2014).

- 31. The detailed price of the equipment should be quoted in Part II of the tender in separate envelope indicating :
- A) Ex-works cost of the entire equipment with 2 years of warranty and essential accessories and optional accessories separately.
- B) F.O.B. cost (including handling, inland freight & documentation charges) of the entire equipment and essential accessories and optional accessories separately.
- C) The freight & insurance charges (up to installation, commissioning and testing).
- D) Total amount of the equipment on CIF HBCHRC Vizag (exclusive of customs duty), TMC