Appendix Definitions Quiz
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Questions and Answers

What must be included in each bale or package's packing note?

  • Total cost of items being delivered
  • Detailed description of all packages without quantity
  • The Contractor's address and acceptance of tender date (correct)
  • Quantity of items within each package only

    • To whom should notification of delivery or despatch be made?

  • To the local authorities
  • Only to the Contractor
  • To the consignee and the indenter (correct)
  • Only to the Purchaser

    • What is the Contractor responsible for concerning the Railway Receipt, Consignment Note, or Bill of Lading?

  • Submitting them only upon completion of the contract
  • Forwarding them by registered post immediately upon despatch (correct)
  • Transmitting them by regular mail without urgency
  • Delivering them before packing the items

    • What should be included in the packing account supplied to the consignee?

    <p>Description and quantity of all materials in packages</p> Signup and view all the answers

    What will happen if the Contractor fails to book the stores by the most economical route?

    <p>The Purchaser may incur additional unnecessary costs</p> Signup and view all the answers

    What does 'Consignee' refer to in the context of an acceptance of tender?

    <p>The person specified to whom the stores are to be delivered</p> Signup and view all the answers

    In the definition of 'Contract', which of the following is NOT included?

    <p>Oral agreements only</p> Signup and view all the answers

    Who is referred to as the 'Contractor'?

    <p>The person or firm the order for supply is placed with</p> Signup and view all the answers

    What does the term 'Sub-contractor' imply?

    <p>A party from whom the contractor obtains materials or fittings</p> Signup and view all the answers

    Which entity is defined as 'Government' within the provided content?

    <p>Central Government or State Government</p> Signup and view all the answers

    What does the term 'Material' refer to?

    <p>Anything used in manufacturing or fabrication of stores</p> Signup and view all the answers

    Who is the 'Inspecting Officer'?

    <p>The person specified for inspecting stores or work under the contract</p> Signup and view all the answers

    What is the Purchaser entitled to do in case of default by the Contractor?

    <p>Forfeit the security deposit.</p> Signup and view all the answers

    What must occur before delivery is deemed complete?

    <p>The stores are inspected and accepted.</p> Signup and view all the answers

    Which of the following is NOT a responsibility of the Purchaser regarding the Contractor?

    <p>Providing transport for the Contractor.</p> Signup and view all the answers

    When does property in the stores pass to the Purchaser?

    <p>Once received, inspected, and accepted by the consignee.</p> Signup and view all the answers

    Which condition would allow the Purchaser to call upon the Contractor to maintain the security deposit?

    <p>Any act of default by the Contractor.</p> Signup and view all the answers

    Which of the following statements is true regarding deliveries on Sundays and public holidays?

    <p>Written permission is required for deliveries.</p> Signup and view all the answers

    What can the Purchaser deduct from the Contractor's deposit?

    <p>Losses or damages suffered by the Purchaser.</p> Signup and view all the answers

    Under what circumstances can the Contractor expect assistance from the Purchaser for transport arrangements?

    <p>When it is specifically stated in the contract.</p> Signup and view all the answers

    What may happen to the security deposit if the Contractor fails to meet contract requirements?

    <p>It can be forfeited in part or whole.</p> Signup and view all the answers

    What happens to containers unless specified otherwise in the contract?

    <p>Their cost is included in the contract price.</p> Signup and view all the answers

    What must be marked on containers that are returnable?

    <p>Returnable</p> Signup and view all the answers

    What happens if the contract indicates that returnable containers will be invoiced separately?

    <p>Full credit will be provided if returned.</p> Signup and view all the answers

    How must each bale or package delivered under the contract be marked?

    <p>Clearly indicating description, quantity, and Contractor’s info.</p> Signup and view all the answers

    What authority does the Inspecting Officer have regarding improperly packed goods?

    <p>They can reject the stores and their decision is final.</p> Signup and view all the answers

    What is the consequence of undue delay in returning containers?

    <p>The Purchaser may award compensation at their discretion.</p> Signup and view all the answers

    What is required of packing materials if separately prescribed?

    <p>They must comply with the terms of the contract.</p> Signup and view all the answers

    What detail is NOT required when marking each package?

    <p>The date of packaging</p> Signup and view all the answers

    When must the return of containers be made?

    <p>Within a reasonable time</p> Signup and view all the answers

    What happens in case of a dispute about the return of containers?

    <p>The Purchaser's decision is final and binding.</p> Signup and view all the answers

    Who shall be responsible for the loss or damage of stores during transit?

    <p>The Contractor</p> Signup and view all the answers

    What must happen for the consignee to reject the stores after delivery?

    <p>The stores must not conform to the contract terms.</p> Signup and view all the answers

    What is the time frame within which the consignee must issue rejection advice for pre-inspected materials?

    <p>90 days</p> Signup and view all the answers

    Who is entitled to make claims against a carrier for issues like non-delivery or damage?

    <p>The Contractor</p> Signup and view all the answers

    Under what condition can a consignee reject stores after delivery?

    <p>If they do not meet the contract specifications.</p> Signup and view all the answers

    What type of damage can the Contractor claim against the carrier?

    <p>Damage, loss, or misdelivery during the entire transit process</p> Signup and view all the answers

    What does the Inspecting Officer's approval not exempt the goods from?

    <p>Conformity with the contract terms</p> Signup and view all the answers

    What happens if stores are not delivered in conformity with the contract?

    <p>The consignee can legally reject them.</p> Signup and view all the answers

    What can the Contractor claim for if there is misdelivery during transit?

    <p>Claims against the Railway Administration</p> Signup and view all the answers

    When can a consignee not reject the stores?

    <p>If the stores have been inspected and approved</p> Signup and view all the answers

    What is the consequence of failure to deliver stores within the specified period in a contract?

    <p>The Purchaser may charge liquidated damages and can cancel the contract.</p> Signup and view all the answers

    What percentage of the price of undelivered stores can be charged as liquidated damages for each month of delay?

    <p>2 percent</p> Signup and view all the answers

    Under what condition can the Purchaser cancel the contract?

    <p>If the Contractor fails to deliver within the specified period or repudiates the contract.</p> Signup and view all the answers

    What is required of the Contractor regarding access for inspection during the delivery process?

    <p>The Contractor must allow reasonable facilities and free access to the Inspecting Officer.</p> Signup and view all the answers

    Which statement accurately reflects the essence of the contract concerning delivery timings?

    <p>The specified delivery dates are essential and must be adhered to strictly.</p> Signup and view all the answers

    What discretion does the Purchaser have concerning the security deposit if the Contractor defaults?

    <p>The Purchaser can decide whether to collect the security deposit based on the circumstances of default.</p> Signup and view all the answers

    What does 'delivery must be completed not later than the date(s) specified' imply in a contract?

    <p>Failure to meet delivery deadlines can have significant legal repercussions.</p> Signup and view all the answers

    What risk does the Purchaser assume after the stores are delivered to the interim consignee?

    <p>Risk of loss or damage after delivery to the interim consignee</p> Signup and view all the answers

    Under what circumstance can the consignee NOT reject the stores upon their delivery?

    <p>If the stores have been damaged post-delivery to the interim consignee</p> Signup and view all the answers

    What must a new partner of the Contractor firm do to gain consent from the Purchaser?

    <p>Submit a written undertaking to perform the contract</p> Signup and view all the answers

    What happens to the contract if the Contractor attempts to sublet it without consent?

    <p>The Purchaser can cancel the contract</p> Signup and view all the answers

    What is the requirement for issuing communication of rejection for stores inspected before delivery?

    <p>Communication needs to occur within 90 days from actual delivery</p> Signup and view all the answers

    What is the consequence for the Contractor if the Purchaser cancels the contract due to unauthorized subletting?

    <p>The Contractor is liable for any loss to the Purchaser</p> Signup and view all the answers

    What provision applies mutatis mutandis when stores are rejected by the consignee?

    <p>The policy regarding removal of rejected stores by the Inspecting Officer</p> Signup and view all the answers

    What must a Contractor do if they notice a variation between a certified sample and the specifications mentioned in the contract?

    <p>Refer the matter to the Inspecting Officer immediately</p> Signup and view all the answers

    Which option is NOT true regarding the introduction of new partners in a Contractor firm?

    <p>New partners can be introduced without prior consent</p> Signup and view all the answers

    Under what circumstance is a Contractor not entitled to compensation for expenses incurred in production before sample approval?

    <p>If the sample is rejected by the Inspecting Officer</p> Signup and view all the answers

    What should the Contractor expect from the Purchaser upon the death of a partner?

    <p>Cancellation of the contract is possible at the Purchaser's option</p> Signup and view all the answers

    How much of the total quantity must the Contractor submit as a sample for inspection if required?

    <p>At least 1% of the total quantity</p> Signup and view all the answers

    What is the implication if a sample is lent to the Contractor labeled with known variations?

    <p>The Contractor must manufacture stores according to the labeled sample</p> Signup and view all the answers

    What role does the Inspecting Officer play in the sampling process?

    <p>The decision of the Inspecting Officer regarding samples is final and binding</p> Signup and view all the answers

    What is a Contractor obligated to do before producing stores in bulk if the contract requires an advance sample?

    <p>Submit the sample and await its unconditional approval</p> Signup and view all the answers

    What action should a Contractor take if they experience a delay in the approval of a sample they submitted for inspection?

    <p>No considerations or extensions will be provided</p> Signup and view all the answers

    What responsibility does a Contractor have regarding the examination of a sealed pattern before manufacturing a sample?

    <p>The Contractor must examine the sealed pattern before manufacturing</p> Signup and view all the answers

    If an advance sample is not required by the contract, what can the Contractor do before starting bulk manufacture?

    <p>Submit a sample to the Inspecting Officer if desired</p> Signup and view all the answers

    What can the Purchaser do in relation to any claimed amount from a partnership firm or limited company?

    <p>They may enforce a lien on any amount owed to the Contractor.</p> Signup and view all the answers

    Under what circumstances can the Purchaser withhold or retain sums due to the Contractor?

    <p>Against any claims related to other contracts made by the Contractor.</p> Signup and view all the answers

    What is the consequence for the Contractor related to sums withheld due to claims?

    <p>The Contractor has no claim for interest or damages on withheld sums.</p> Signup and view all the answers

    What is explicitly prohibited by the Contractor concerning corrupt practices?

    <p>Offering gifts or rewards to any person linked with the Purchaser.</p> Signup and view all the answers

    What must happen for withheld sums to be released to the Contractor?

    <p>Claims must be mutually settled or determined by arbitration or a competent court.</p> Signup and view all the answers

    What is required for a retiring partner to be released from liability under the contract?

    <p>A public notice sent by registered post.</p> Signup and view all the answers

    What can the Purchaser do if a breach of contract occurs by the Contractor?

    <p>Cancel the contract and purchase the required stores at Contractor's risk.</p> Signup and view all the answers

    How does assistance provided by the Purchaser affect the price of stores?

    <p>It leads to a proportionate reduction in price if materials are procured at lower costs.</p> Signup and view all the answers

    In disputes regarding breaches of contract, whose decision is considered final?

    <p>The Purchaser's decision regarding the breach.</p> Signup and view all the answers

    What is the Contractor solely responsible for in terms of material procurement?

    <p>Securing any necessary licenses or permits.</p> Signup and view all the answers

    What does a Partner’s breach of contract enable the Purchaser to do?

    <p>Purchase supplies elsewhere at the Contractor's expense.</p> Signup and view all the answers

    What does NOT constitute a promise on the part of the Purchaser regarding assistance in procurement?

    <p>Guaranteeing availability of materials.</p> Signup and view all the answers

    What must occur for a partner to remain liable for acts of the firm after retirement?

    <p>Registered notice being sent to the Purchaser.</p> Signup and view all the answers

    Which of the following does NOT have a direct impact on the rights and liabilities under the contract?

    <p>The exchange of letters between parties.</p> Signup and view all the answers

    What should the Contractor consider regarding the market price of materials?

    <p>It serves as a benchmark for pricing adjustments.</p> Signup and view all the answers

    Study Notes

    Appendix Definitions

    • Consignee: Person specified in the acceptance of tender for delivery of stores at destination, or an interim consignee if needed for dispatch to another person, or the designated person in other cases.
    • Contract: Includes invitation to tender, instructions, tender, acceptance, standard conditions, special conditions, other contract details, repeat orders, and formal agreements.
    • Contractor: The person, firm, or company with the supply order, including successors, representatives, heirs, executors, and administrators unless excluded.
    • Sub-contractor: Person, firm, or company providing materials or fittings used in the supply/manufacture of stores.
    • Drawing: Detailed drawing(s) associated with the schedule and specifications provided for stores.
    • Government: Central or State Government, depending on the context.
    • Inspecting Officer: Person designated for the inspection of stores/work under the contract, including their authorized representatives.
    • Materials: Items used in the manufacture or fabrication of stores.
    • Particulars: Includes specific details, such as specifications, drawings, sealed pattern (with certified copy), certified sample, trade pattern, and proprietary mark/brand.
    • Purchase Officer: Officer who signs the tender acceptance and has authority to execute contracts on behalf of the purchaser.
    • Purchaser: President of India (or relevant state government) for stores ordered for an organization, including successors and assignees.
    • Signed: Includes stamped documents, except for tender or any amendments.
    • Site: Designated place in the contract for work execution; any other place approved by the purchaser is also a valid site.
    • Stores: Goods specified in the contract that the contractor is required to supply.
    • Supply Order: An order to supply stores.
    • Test: Tests, as prescribed in the particulars, or those deemed essential by the Inspecting Officer.
    • Unit/Quantity: The unit and quantity of stores specified in the contract.
    • Writing: Includes any form of written or printed material, including manuscript, typewritten, lithographed, and so on.

    Additional Definitions

    • Unit/Quantity: Unit and quantity specified in the contract.
    • Writing/Written: Material either in whole/part, in manuscript, typewritten, lithographed, photographed or printed.
    • 'Sub-clause': A clause within a larger clause in the contract.
    • 'Provision': A specific condition or rule in the contract.
    • "Consignee": Any receiver of goods or materials.
    • "Interim Consignee": A person or entity that temporarily receives goods before they are sent to their final destination.

    Parties

    • Contract Parties are the contractor and the purchaser (as defined in clauses 0105 and 0113).

    Authority of Person Signing

    • A person not disclosing authority warrants it in their contract.
    • Purchaser can cancel the contract if no authority exists, making the signer responsible for costs and damages.

    Addresses/Notices

    • Contractor's contract address is definitive; changes must be sent by registered post to purchaser.
    • Purchaser can communicate via registered post, certificate of posting, or in-person delivery.

    Price Quotations

    • Quoted price cannot exceed controlled price or a government-approved standard price, and cannot be higher than price for similar goods sold to others.
    • Specific reasons for higher prices must be noted in tenders.

    Additional Key Contractual Elements

    • Time for Delivery: Essential part of the contract as per clause 0700.
    • Contract Termination: Failure to deliver on time, or repudiation or non-performance can lead to termination or risk of losing the security deposit.
    • Rejection of Stores: If goods are found unacceptable, the Contractor is liable for associated costs and may have to replace or repurchase the rejected goods.
    • Payment Mechanism: Detailed stipulations regarding the payment process (e.g., percentage-based payments, submission of bills, railway receipts).
    • Liability: Contractual details outlining who is responsible for the risks and costs related to the loss/damage or deterioration of goods.
    • Deliveries: Obligations concerning timely delivery of stores.
    • Inspection: Detailing the inspection process during manufacture and after delivery (a detailed phase/process for receiving stores from the contractor).
    • Special Conditions: A section outlining special details and additional clauses not covered in the standard conditions (see "Additional Special Conditions").

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    Description

    Test your knowledge on key definitions related to contracts and supply management. This quiz covers terms like consignee, contractor, subcontractor, and more. Understanding these definitions is crucial for anyone involved in procurement and supply chain management.

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