RIGHTS OF BHEL. BHEL reserves to itself, the following rights without entitling the Contractor to any compensation. Resorting to any, some, all of the actions like Contract termination, recovering the dues/ losses from the Security Deposit and the contract amount, forfeiting the Security Deposit, getting the work done through other agencies at the cost of the contractor, cancellation of registration, banning the business in line with BHEL extant guidelines., in any event of the followings:
a) Contractor’s repeated poor performance, withdrawal from or abandonment of the work, except in force majeure conditions.
b) Serious lapse in performance, Persistence disregard of the BHEL instructions.
c) Insolvency of the contractor.
d) Assignment, transfer, subletting of the contract work.
e) Non-fulfilment of any contractual obligations or obligations under the law.
RIGHTS OF BHEL. BHEL reserves the following rights in respect of this contract during the original contract period or its extensions if any, as per the provisions of the contract, without entitling the contractor for any compensation.
2.7.1 To withdraw any portion of work and/or to restrict/alter quantum of work as indicated in the contract during the progress of work and get it done through other agencies to suit BHEL‟s commitment to its customer or in case BHEL decides to advance the date of completion due to other emergent reasons/ BHEL‟s obligation to its customer.
2.7.2 To terminate the contract or get any part of the work done through other agency or deploy BHEL‟s own/hired/otherwise arranged resources , at the risk and cost of the contractor after due notice of a period of two weeks by BHEL, in the event of:- i) Contractor‟s continued poor progress ii) Withdrawal from or abandonment of the work before completion of the work iii) Contractor‟s inability to progress the work for completion as stipulated in the contract iv) Poor quality of work v) Corrupt act of Contractor vi) Insolvency of the Contractor vii) Persistent disregard to the instructions of BHEL viii) Assignment, transfer, sub-letting of contract without BHEL‟s written permission ix) Non fulfillment of any contractual obligations x) In the opinion of BHEL, the contractor is overloaded and is not in a position to execute the job as per required schedule 2.7.3 To meet the expenses including BHEL overheads on the differential cost at 5%, over and above the Liquidated damages/penalties arising out of “Risk & Cost” as explained above under Xx.Xx.
RIGHTS OF BHEL. BHEL reserves the following rights in respect of this contract during the original contract period or its extensions if any, as per the provisions of the contract, without entitling the contractor for any compensation.
2.7.1 To withdraw any portion of work and/or to restrict/alter quantum of work as indicated in the contract during the progress of work and get it done through other agencies to suit BHEL’s commitment to its customer or in case BHEL decides to advance the date of completion due to other emergent reasons/ BHEL’s obligation to its customer.
2.7.2 To terminate the contract or get any part of the work done through other agency or deploy BHEL’s own/hired/otherwise arranged resources , at the risk and cost of the contractor after due notice of a period of two weeks by BHEL, in the event of:-
RIGHTS OF BHEL. BHEL reserves the following rights in respect of this contract during the original contract period or its extensions if any, as per the provisions of the contract, without entitling the contractor for any compensation.
8.2.1 To withdraw any portion of work and/or to restrict/alter quantum of work as indicated in the contract during the progress of work and get it done through other agencies to suit BHEL‟s commitment.
8.2.2 To terminate the contract or get any part of the work done through other agency or deploy BHEL‟s own/hired/otherwise arranged resources, at the risk and cost of the contractor after due notice of a period of one weeks by BHEL, in the event of:-
i) Contractor‟s continued poor progress
ii) Withdrawal from or abandonment of the work before completion of the work
iii) Contractor‟s inability to progress the work for completion as stipulated in the contract
iv) Poor quality of work
v) Corrupt act of Contractor
vi) Insolvency of the Contractor
vii) Persistent disregard to the instructions of BHEL
viii) Assignment, transfer, sub-letting of contract without BHEL‟s written permission
ix) Non fulfillment of any contractual obligations
x) In the opinion of BHEL, the contractor is overloaded and is not in a position to execute the job as per required schedule
8.2.3 To meet the expenses including BHEL overheads of 5% & liquidated damage/penalties arising out of “Risk & Cost” as explained above under Xx.Xx.
RIGHTS OF BHEL. BHEL reserves to itself the following rights in respect of this Contract without entitling the Contractor to any compensation:- To terminate the contract at its discretion at any point of time with one month notice period without assigning any reason thereof and forfeit the Security Deposit and recover the loss sustained in getting the balance work done through other agencies in addition to liquidated damages in any event of the followings:-
a) Contractor’s continued poor performance, withdrawal from or abandonment of the work before the completion of contractual period.
b) Assignment, transfer, subletting of the contract work without BHEL’s written permission.
c) In case of misbehavior, disobedience, dishonesty, clandestine insolvency, any court order or any other related activities on their part or their failure to fulfill the terms and conditions of this agreement.
d) The bidders offer may be rejected based on unsatisfactory past performance, default on earlier occasions in their contractual obligation & statutory obligation in any of the contracts of BHEL Bhopal or any of its units.
e) Terminate the contract without advance notice depending upon the severity of the case for non compliance/ violation/ contravention of any of the provisions of labour laws, non-implementation of court orders or orders from labour law authorities received from time to time. XXXX xxx also initiate action for suspension of business dealings with the contractor in the event of failure on his part to discharge his contractual obligation based on the severity of the default.
RIGHTS OF BHEL. BHEL reserves to itself the following rights in respect of this Contract without entitling the Contractor to any compensation:- To terminate the contract at its discretion at any point of time with one month notice period without assigning any reason thereof and forfeit the Security Deposit and recover the loss sustained in getting the balance work done through other agencies in addition to liquidated damages in any event of the followings:-
a) Contractor’s continued poor performance, withdrawal from or abandonment of the work before the completion of contractual period.
b) In case of misbehaviour, disobedience, dishonesty, clandestine insolvency, any court order or any other related activities on their part or their failure to fulfil the terms and conditions of this agreement.
c) Assignment, transfer, subletting of the contract work without BHEL’s written permission.
d) Non-fulfilment of any contractual obligations.
e) The bidders offer may be rejected based on unsatisfactory past performance in any of the contracts of BHEL Bhopal or any of its units.
f) This contract may be terminated at any time without paying any compensation whatsoever to the Contractor in case of misbehaviour, disobedience, dishonesty, clandestine insolvency, any court order or any other related activities on their part or their failure to fulfil the terms and conditions of this agreement.
