Common use of PENALTY ON DELAYED SUPPLY Clause in Contracts

PENALTY ON DELAYED SUPPLY. (i) The period of delivery strictly to be followed by the Supplier Agency as per time period communicated through Purchase/Supply Order through e-mail/hard copy through speed post. The penalty @ 0.50% per week will levied on supply order value of the item and will be deducted from the payment Bill. The maximum penalty will be 10% against any of Purchase/Supply Order total value (on Items value part not on Tax part). No supplies will be entertained after expiry of additional 10 weeks (i.e. 70 Days) in case of Indian make items and in case of Foreign make imported items subject to deduction of LD on the Total Items Order value (i.e. LD not applicable on tax part) as per above mentioned rate beyond the time given in the Supply/Purchase Order of AIIMS Bhopal and beyond this period the supply order will be treated as cancelled without any further reference and order shall be placed to L2 bidder and difference of cost shall be recovered from the Pending Bill/Performance Security of the such defaulter Agency and action as deemed fit shall be initiated against the firm. (ii) Part supplies will preferably not accepted/allowed at AIIMS Bhopal. However, if the vendors will supplied Items on urgent basis on part supply basis for meeting urgent nature requirement immediately in the interest of AIIMS Bhopal or due to the shortage of any of ordered items in market/due to any other production issue at Manufacturing Unit, which affects the suppliers and on account of the same the supplier Agency will not be able to supply the whole ordered items on the Stipulated supply period, the LD on applicable rates will be imposed on the only remaining balance part of supplies (LD applicable only on Items total Order Value part not on the Tax part) and will be deducted from the Supplier Agency Payment Claim against the supply in lieu of delayed supply beyond the stipulated supply period as mentioned on the PO issued by the AIIMS Bhopal as per the LD Rates mentioned above in the Clause 21 (i) above and shall be deducted from the Pending Bills /Performance Security Deposit of the Agency by AIIMS Bhopal.

PENALTY ON DELAYED SUPPLY. (i) In the event of the Supplier Agency‟s failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in this contract, the Buyer (i.e. AIIMS Bhopal) may, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the Supplier Agency as agreed, Liquidated Damages (LD) to the sum of 0.50% of the Order Value of the Delayed/Undelivered Stores/Services mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed stores. (ii) The period of delivery strictly to be followed by the Supplier Agency as per time period communicated through Purchase/Supply Order through e-mail/hard copy through speed post. The penalty @ 0.50% per week will levied on supply order value of the item and will be deducted from the payment Bill. The maximum penalty will be 10% against any the Delayed/Undelivered Stores/Services for every week of Purchase/Supply Order total delay or part of a week of the value (on Items value part not on Tax part)of delayed stores. No supplies will be entertained after expiry of additional 10 weeks (i.e. 70 Days) in case of Indian make items and in case of Foreign make imported items subject to deduction of LD on the Total Items Order value (i.e. LD not applicable on tax part) of delayed items supplied as per above mentioned rate beyond the time given in the Supply/Purchase Order Order/Any Extension of Supply without levy of LD communicated by AIIMS Bhopal to Supplier Agency and beyond this period the supply order will be treated as cancelled without any further reference and order shall be placed to L2 bidder and difference of cost shall be recovered from the Pending Bill/Performance Security of the such defaulter Agency and action as deemed fit shall be initiated against the firm. (iiiii) Part supplies will preferably not be accepted/allowed at AIIMS Bhopal. However, if the vendors will supplied be ordered to supply the Items on urgent basis on and part supply basis for meeting urgent nature requirement immediately in the interest of AIIMS Bhopal or due to the shortage of any of ordered items in market/due to any other production issue at Manufacturing Unit, which affects the suppliers and on account of the same the supplier Agency will may not be able to supply the whole ordered items on the Stipulated supply period, the LD on applicable rates will be imposed on the only remaining balance part of supplies (LD applicable only on such remaining balance Items total Order Value part not on the Tax value part) and will be deducted from the Supplier Agency Payment Claim against the supply in lieu of delayed supply beyond the stipulated supply period as mentioned on the PO issued by the AIIMS Bhopal as per the LD Rates mentioned above in the Clause 21 20 (i) & (ii) above and shall be deducted from the Pending Bills /Performance Security Deposit of the Agency by AIIMS Bhopal. The Risk and Expense Clause as given at Clause No. 21 will applicable in case of Supplier failed to supply any of Item/Items to AIIMS Bhopal and the cost for such items procurement will deducted from his pending bill or Performance Security Deposit for recovering loss to Govt.

PENALTY ON DELAYED SUPPLY. (i) In the event of the Supplier Agency‟s failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in this contract, the Buyer (i.e. AIIMS Bhopal) may, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the Supplier Agency as agreed, Liquidated Damages (LD) to the sum of 0.50% of the Order Value of the Delayed/Undelivered Stores/Services mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed stores. (ii) The period of delivery strictly to be followed by the Supplier Agency as per time period communicated through Purchase/Supply Order through e-mail/hard copy through speed post. The penalty @ 0.50% per week will levied on supply order value of the item and will be deducted from the payment Bill. The maximum penalty will be 10% against any the Delayed/Undelivered Stores/Services for every week of Purchase/Supply Order total delay or part of a week of the value (on Items value part not on Tax part)of delayed stores. No supplies will be entertained after expiry of additional 10 weeks (i.e. 70 Days) in case of Indian make items and in case of Foreign make imported items subject to deduction of LD on the Total Items Order value (i.e. LD not applicable on tax part) of delayed items supplied as per above mentioned rate beyond the time given in the Supply/Purchase Order Order/Any Extension of Supply without levy of LD communicated by AIIMS Bhopal to Supplier Agency and beyond this period the supply order will be treated as cancelled without any further reference and order shall be placed to L2 bidder and difference of cost shall be recovered from the Pending Bill/Performance Security of the such defaulter Agency and action as deemed fit shall be initiated against the firm. (iiiii) Part supplies will preferably not accepted/allowed at AIIMS Bhopal. However, if the vendors will supplied Items on urgent basis on part supply basis for meeting urgent nature requirement immediately in the interest of AIIMS Bhopal or due to the shortage of any of ordered items in market/due to any other production issue at Manufacturing Unit, which affects the suppliers and on account of the same the supplier Agency will not be able to supply the whole ordered items on the Stipulated supply period, the LD on applicable rates will be imposed on the only remaining balance part of supplies (LD applicable only on such remaining balance Items total Order Value part not on the Tax value part) and will be deducted from the Supplier Agency Payment Claim against the supply in lieu of delayed supply beyond the stipulated supply period as mentioned on the PO issued by the AIIMS Bhopal as per the LD Rates mentioned above in the Clause 21 20 (i) & (ii) above and shall be deducted from the Pending Bills /Performance Security Deposit of the Agency by AIIMS Bhopal. The Risk and Expense Clause as given at Clause No. 21 will applicable in case of Supplier failed to supply any of Item/Items to AIIMS Bhopal and the cost for such items procurement will deducted from his pending bill or Performance Security Deposit for recovering loss to Govt.

PENALTY ON DELAYED SUPPLY. (i) In the event of the Supplier Agency‟s failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in this contract, the Buyer (i.e. AIIMS Bhopal) may, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the Supplier Agency as agreed, Liquidated Damages (LD) to the sum of 0.50% of the Order Value of the Delayed/Undelivered Stores/Services mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed stores. (ii) The period of delivery strictly to be followed by the Supplier Agency as per time period communicated through Purchase/Supply Order through e-mail/hard copy through speed post. The penalty @ 0.50% per week will levied on supply order value of the item and will be deducted from the payment Bill. The maximum penalty will be 10% against any the Delayed/Undelivered Stores/Services for every week of Purchase/Supply Order total delay or part of a week of the value (on Items value part not on Tax part)of delayed stores. No supplies will be entertained after expiry of additional 10 weeks (i.e. 70 Days) in case of Indian make items and in case of Foreign make imported items subject to deduction of LD on the Total Items Order value (i.e. LD not applicable on tax part) of delayed items supplied as per above mentioned rate beyond the time given in the Supply/Purchase Order Order/Any Extension of Supply without levy of LD communicated by AIIMS Bhopal to Supplier Agency and beyond this period the supply order will be treated as cancelled without any further reference and order shall be placed to L2 bidder and difference of cost shall be recovered from the Pending Bill/Performance Security of the such defaulter Agency and action as deemed fit shall be initiated against the firm. (iiiii) Part supplies will preferably not be accepted/allowed at AIIMS Bhopal. However, if the vendors will supplied be ordered to supply the Items on urgent basis on and part supply basis for meeting urgent nature requirement immediately in the interest of AIIMS Bhopal or due to the shortage of any of ordered items in market/due to any other production issue at Manufacturing Unit, which affects the suppliers and on account of the same the supplier Agency will may not be able to supply the whole ordered items on the Stipulated supply period, the LD on applicable rates will be imposed on the only remaining balance part of supplies (LD applicable only on such remaining balance Items total Order Value part not on the Tax value part) and will be deducted from the Supplier Agency Payment Claim against the supply in lieu of delayed supply beyond the stipulated supply period as mentioned on the PO issued by the AIIMS Bhopal as per the LD Rates mentioned above in the Clause 21 22 (i) & (ii) above and shall be deducted from the Pending Bills /Performance Security Deposit of the Agency by AIIMS Bhopal. The Risk and Expense Clause as given at Clause No. 23 will applicable in case of Supplier failed to supply any of Item/Items to AIIMS Bhopal and the cost for such items procurement will deducted from his pending bill or Performance Security Deposit for recovering loss to Govt.