Common use of Penalty Clauses Clause in Contracts

Penalty Clauses. i. Black listing from all Departmental tenders (called by the CMS or others) of the Tenderer, the Principals of the firm(s) and the In case of supply of the sub-standard items found in the quality test as per quality assurance norms, the detective batch / batches determined by the appropriate authority will be returned to the tenderers for replacement. The payment of the defective batches will not be made to the supplier till replacement or if paid in the meantime, is to be deducted from the pending bills of the tenderer or from performance bank guarantee. ii. In case of supply of defective item found in respect of packaging or lebelling, tenderer will also be asked to replace the same. In addition to rejection of the supply, the Dy Director of Health Services (E&S) W.B and the heads of direct demanding units will have the right to cancel the supply order wholly or in part, to forfeit security deposit and to recover the loss, if any, of the Govt. by making deductions from any pending claim of the supplier/ Security Deposit or Performance Bank Guarantee, as may be deemed fit. Such Penalty for supply of surgical items falling within the meaning of adulterated/ spurious/ misbranded under Section 17 (A), 17 (B) and 17 (C) of the Drugs and Cosmetic Act will be in addition to action which may be taken by police, Drugs Control Authority or by tendering authority of the State Govt or the Govt of India or by any appropriate authority /institute and /or individual under the law of the land.

Penalty Clauses. i. Black listing from all Departmental tenders (called by the CMS or others) of the Tenderer, the Principals of the firm(s) and the In case of supply of the sub-standard items found in the quality test as per quality assurance norms, the detective batch / batches /batches determined by the appropriate authority will be returned to the tenderers for replacement. The payment of the defective batches will not be made to the supplier till replacement or if paid in the meantime, is to be deducted from the pending bills of the tenderer or from performance bank guarantee. ii. In case of supply of defective item found in respect of packaging or lebelling, tenderer will also be asked to replace the same. In addition to rejection of the supply, the Dy Director of Health Services (E&S) W.B and the heads of direct demanding units will have the right to cancel the supply order wholly or in part, to forfeit security deposit and to recover the loss, if any, of the Govt. by making deductions from any pending claim of the supplier/ Security Deposit or Performance Bank Guarantee, as may be deemed fit. Such Penalty for supply of surgical items falling within the meaning of adulterated/ spurious/ misbranded under Section 17 (A), 17 (B) and 17 (C) of the Drugs and Cosmetic Act will be in addition to action which may be taken by police, Drugs Control Authority or by tendering authority of the State Govt or the Govt of India or by any appropriate authority /institute and /or individual under the law of the land.

Penalty Clauses. i. a. Black listing from all Departmental tenders (called by the CMS or others) of the Tenderer, the Principals of the firm(s) and the In case of supply of the sub-standard items found in the quality test as per quality assurance norms, the detective batch / batches /batches determined by the appropriate authority will be returned to the tenderers for replacement. The payment of the defective batches will not be made to the supplier till replacement or if paid in the meantime, is to be deducted from the pending bills of the tenderer or from performance bank guarantee. ii. b. In case of supply of defective item found in respect of packaging or lebelling, tenderer will also be asked to replace the same. In addition to rejection of the supply, the Dy Director of Health Services (E&S) W.B and the heads of direct demanding units will have the right to cancel the supply order wholly or in part, to forfeit security deposit and to recover the loss, if any, of the Govt. by making deductions from any pending claim of the supplier/ Security Deposit or Performance Bank Guarantee, as may be deemed fit. Such Penalty for supply of surgical items falling within the meaning of adulterated/ spurious/ misbranded under Section 17 (A), 17 (B) and 17 (C) of the Drugs and Cosmetic Act will be in addition to action which may be taken by police, Drugs Control Authority or by tendering authority of the State Govt or the Govt of India or by any appropriate authority /institute and /or individual under the law of the land.

Penalty Clauses. i. Black listing from all Departmental tenders (called by the CMS or others) of the Tenderer, the Principals of the firm(s) and the In case of supply of the sub-standard items found in the quality test as per quality assurance norms, the detective batch / batches /batches determined by the appropriate authority will be returned to the tenderers for replacement. The payment of the defective batches will not be made to the supplier till replacement or if paid in the meantime, is to be deducted from the pending bills of the tenderer or from performance bank guarantee. ii. In case of supply of defective item found in respect of packaging or lebellinglabelling, tenderer will also be asked to replace the same. In addition to rejection of the supply, the Dy Director of Health Services (E&S) W.B and the heads of direct demanding units will have the right to cancel the supply order wholly or in part, to forfeit security deposit and to recover the loss, if any, of the Govt. by making deductions from any pending claim of the supplier/ Security Deposit or Performance Bank Guarantee, as may be deemed fit. Such Penalty for supply of surgical items falling within the meaning of adulterated/ spurious/ misbranded under Section 17 (A), 17 (B) and 17 (C) of the Drugs and Cosmetic Act will be in addition to action which may be taken by police, Drugs Control Authority or by tendering authority of the State Govt or the Govt of India or by any appropriate authority /institute and /or individual under the law of the land.