GUIDELINES

? The Vendor will be responsible for the comprehensive maintenance during

the maintenance period agreed upon. In case of default, the Department will
have the right to arrange maintenance at vendors risk and cost, from any
other source.

? The vendor will also maintain the equipment for efficient running at all times.
However, average uptime during a quarter should not be less than 95%. In
case the vendor fails to maintain the said uptime, the vendor will be liable for
penalty @ Rs.2000/- per machine, per percent of deficiency. Even if a
peripheral or part of the system is not working, the system should be
considered as down.

? The response time for attending the faults should be four hours after which
they are reported to the vendor. Vendor must rectify the faults within 24
hours failing which, he must arrange temporary replacement of the
equipment. The services shall be provided Mondays to Saturdays, 8.00 am to
6.00 p.m.

? The vendor will do preventive maintenance once a quarter for upkeep of the
systems. This schedule has to be adhered to strictly by the vendor. PM
should generally be done on Non working days/ Beyond General Shift Hours.
? Details & proof of Service facilities for Technical Support on Services,
maintenance & Availability of Hardware components must be taken from the
vendor before signing the agreement.
? The client reserves the right to carry out the capability assessment of the
vendor and the clients decision shall be final in this regard.
? The comprehensive maintenance will include everything except consumables,
which will be decided by the client.
? User department must ensure that decision regarding the facilities to be
provided to the engineers of the vendor is at the discretion of the department.
? User department should move the equipment from one location to another
with the help of vendor to the extent possible. The department should provide
necessary manpower and other requisite facility.

? Access to customers site and computer systems

? The customer should provide adequate working space including necessary
conditioned environment, electrical power and such other facilities as are
required for the use of vendor personnel. These facilities shall be within a
reasonable distance of the said equipment to be serviced and shall be
provided at no charge.

? The customer should also provide full and free access of the said equipment
to vendor personnel for maintenance purposes.

? Vendor must provide spare parts support for the said equipment. The faulty
parts arising out of replacements shall be the vendors property.

? This maintenance agreement extends only to problems arising out of normal
functioning of the equipment and the agreement does not cover breakdown,
misuse of the equipment and excludes damages caused due to fire, thefts,
riots, accidents, natural calamities and other exceptional circumstances.
Customer covers the machines for these types of risks by Insurance policy.

? Vendor must provide maintenance service for the said equipment from a
regional office set up at reasonable distance from client s site not beyond 25
kms.

ARBITRATION:
? The Client and the vendor make every effort to resolve amicably by direct informal
negotiations, any disagreement or dispute, arising between them under or in
connection with the contract.
? If after 30 days from the commencement of such direct informal negotiations, the
Client and the vendor have been unable to resolve amicably a Contract dispute,
either party may require that the dispute be referred for resolution to the formal
mechanism specified in following paras.
? In the case of a dispute or difference arising between the Client and the vendor
relating to any other matter arising out of or connected with the contract, such
dispute or difference shall be referred to the award of two arbitrators, one arbitrator
to be nominated by the Client and other to be nominated by the vendor or in case of
the said arbitrators not agreeing to, then to the award of an umpire to be appointed
by the arbitrators in writing before proceeding with the reference, and in case the
arbitrators cannot agree to the umpire, he may be nominated by the Arbitration
Council of India/ Institution of Engineers, India. The award of the arbitrators, and in
the event of their not agreeing to, of the umpire appointed by them or by the
Arbitration Council of India/ Institution of Engineers, India shall be final and biding on
the parties.
? The Arbitration and Conciliation Act, 1996, the rules made thereunder any statutory
modifications or re-enactment thereof, shall apply to the arbitration proceedings.
Jurisdiction
? In all matters and disputes, arising, the appropriate courts at clients location alone to
the exclusion of all others courts, shall have jurisdiction and try them.