Specifications

6
for shortage/damages etc. if any, during transit with the supplier within 30 days of the
receipt of material. The settlement of such claim with the underwriters shall be the
supplier’s responsibility. In such an event, the purchaser shall obtain an open Delivery
and certification from the Railway/Carrier.
19. ARBITRATION
If at any time question, dispute or difference whatsoever, shall arise, between the
purchaser and the supplier upon or in relation to or in connection with the contract either
party may forthwith give to the other, notice in writing of the existence of such question,
dispute or difference and the same shall be referred to award of (two) arbitrators one to
be nominated by the purchaser and other to be nominated by the supplier or in the case
of said arbitrators not agreeing then to the award of an umpire to be appointed by the
arbitrators in writing before proceeding with the reference and the decision of the
arbitrators or in the event of their not agreeing, of the umpire appointed by them, shall be
final and binding on the parties and provision of “the Arbitration and Conciliation Act,
1996” of the rules there under and any statutory amendment/ modifications or re
enactment thereof for the time being in-force shall be deemed to apply to and by
incorporated in the contract.
Such a notice of the existence of any question, dispute or difference in connection with
contract shall be served by either party within 180 days or the issue of receipt by the
consignee for each consignment failing which all rights and claims under this contract
shall be deemed to have been forfeited and absolutely barred.
The work under the contract shall reasonably possible continued during arbitration
proceedings and no payment or payable by the purchaser shall be within on account of
such proceedings.
20. CANCELLATION OF PURCHASE ORDER
The purchaser shall have the right to amend or cancel the order at any time before the
receipt of intimation regarding manufacturing of material, if he is satisfied that the delay in
execution of the order by the supplier is willfull and detrimental to the interest of the
Board. In case where after the commencement of manufacture, there is willful delay on
the part of the supplier to the despatch/manufacture of the material, the purchaser may
cancel the order for whole/unexecuted portion after giving a notice of 15 days to the
supplier.
21. JURISDICTION OF COURT
In case of any dispute between the parties, the courts at Chandigarh only shall have the
jurisdiction to settle/decide and adjudicate upon such matters.
22. SIGNING OF PURCHASE ORDER
The successful tenderer will be furnished with three copies of the purchase order. Two
copies shall be retained by the supplier. The third copy of the purchase order will be
returned by the supplier to the purchaser after signing each and every page of P.O. by his
authorized representative in token of the unconditional acceptance of the purchase order.
The supplier shall also furnish documentary evidence that the signatory is an authorized
representative of the supplier.