Para 9.3 — GOODS_MANUAL

9.3. Time Control – Monitoring Delays 9.3.1 Delivery Period 1. The period for delivery of the ordered goods and completion of any allied service

(s) thereof (such as installation and commissioning of the equipment, operators’ training, and so on) are to be properly specified in the contract with definite dates and these shall be deemed to be the essence of the contract. The delivery period stipulated in contracts should be specific and practical. Vague and ambiguous terms such as 1,000/5,000 (one to five thousand) numbers per month, 2 to 16 (two to sixteen) weeks from the date of receipt of order, ‘immediate’, ‘ex-stock’, ‘as early as possible’, ‘off the shelf’, ‘approximately’ and the like should be scrupulously avoided as these will not be legally binding.

2. In the case of items such as raw material, in which consignments are delivered throughout the year, a delivery schedule of the monthly rate of supply should be specified. It is usual in such cases that there is a slight deviation from such monthly rate of supply. It should be clarified in such cases that the variation in the periodic rate of supply within +/- 10 (ten) per cent in any calendar month or +/- seven per cent cumulative in any calendar quarter, or +/- five per cent cumulative in any calendar year would not be considered as a violation of delivery schedule and would not attract LD. Any excess quantity supplied even beyond such variations shall also not attract LD but may be rejected as a violation of the delivery schedule if the Procuring Entity finds it inconvenient to store/ use.

3. Unless otherwise agreed, the buyer of goods is not bound to accept instalments or part deliveries.