if the Supplier, in the judgment of the Procuring agency has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. 19. FORCE MAJEURE 19.1 Notwithstanding the provisions of GCC Clauses 16, 17 and 18, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 9.2 For purposes of this means an event beyond the control clause, “Force Majeure” of the Supplier and not involving the fault or negligence and not Supplier’s foreseeable. Such events may include, but are not restricted to, acts of the Procuring agency in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. 19.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Procuring agency in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring agency in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 20. RESOLUTION OF DISPUTES 20.1 Resolution of dispute shall be through Mechanism for Redressal of Grievances as provided in the rules or through Arbitration Act 1942. 21. GOVERNING LANGUAGE 21.1 The Contract shall be written in English language all correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in the same language. 22. APPLICABLE LAW 22.1 The Contract shall be interpreted in accordance with the SPP Rules 2010 (Amended 2017). 23. TAXES AND DUTIES 23.1 Supplier shall be entirely responsible for all taxes, duties (including stamp duty), license fees, etc., incurred until delivery of the contracted Goods to the Procuring agency. 24. OVERRIDING EFFECT OF SINDH PUBLIC PROCUREMENT RULES 2010 (AMENDED 2017) 24.1 In case of conflict or primacy of interpretation the provisions of SPP Rules 2010 (amended 2017) shall have an overriding effect notwithstanding anything to the contrary contained in these bidding documents. SECTION-IV BID DATA SHEET The following specific data for / FIXING / INSTALLATION / COMMISSIONING OF “SUPPLY HVAC AT DOW DENTAL COLLEGE, DUHS, to be procured shall complement, KARACHI”
if the Supplier, in the judgment of the Procuring agency has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. 19. FORCE MAJEURE 19.1 Notwithstanding the provisions of GCC Clauses 16, 17 and 18, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 9.2 For purposes of this clause, “Force Majeure” means an event beyond the control of the Supplier and not involving the Supplier’s fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the Procuring agency in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. 19.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Procuring agency in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring agency in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 20. RESOLUTION OF DISPUTES 20.1 Resolution of dispute shall be through Mechanism for Redressal of Grievances as provided in the rules or through Arbitration Act 1942. 21. GOVERNING LANGUAGE 21.1 The Contract shall be written in English language all correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in the same language. 22. APPLICABLE LAW 22.1 The Contract shall be interpreted in accordance with the SPP Rules 2010 (Amended 2017). 23. TAXES AND DUTIES 23.1 Supplier shall be entirely responsible for all taxes, duties (including stamp duty), license fees, etc., incurred until delivery of the contracted Goods to the Procuring agency. 24. OVERRIDING EFFECT OF SINDH PUBLIC PROCUREMENT RULES 2010 (AMENDED 2017) 24.1 In case of conflict or primacy of interpretation the provisions of SPP Rules 2010 (amended 2017) shall have an overriding effect notwithstanding anything to the contrary contained in these bidding documents. SECTION-IV BID DATA SHEET The following specific data for “SUPPLY / FIXING / INSTALLATION / COMMISSIONING OF HVAC AT DOW DENTAL COLLEGE, DUHS, KARACHI” to be procured shall complement,
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