FOR PROCUREMENT OF CRYSTAL OSCILLATOR

HAL CONDITION AS PER SUPPLIER REMARKS

a) The bidder is required to indicate prices against individual items. Prices quoted should be in the currency of the country of supply or any other convertible foreign currency (to be specified by HAL in line with RBI / FEMA rules).

b) HAL being manufacturers, bidders to indicate in the quotation manufacturers discount if any.

c) Bidders to confirm that : (As applicable) i. The prices quoted are the lowest export price and is the same as they would normally quote to Govt. Department. ii. The price is in terms of the appropriate clause of the License Agreement. (Where License Agreement is in vogue).

d) Price quoted should be net FOB / FCA, export packed / FAS Vessel with no extra charge whatsoever.

e) If, for special reasons, bidder prices are Ex-Works or F.O.B. plant, bidder must prepay inland transportation’s. Port dues and shipment charges up to F.O.B. vessel at port of shipment and claim this amount of actual along with the price of the goods through bank. Bidder’s quotation should indicate clearly the extent of such charges.

f) Tenderers should clearly mention whether the prices hold good when the full quantity of enquiry is not ordered but only a part of it. Unless otherwise mentioned, it would be assumed that the rates hold good even when lesser quantities than those enquired of are ordered. Any increase in prices at a later date for ordering lesser quantities will not be agreed to.

a) In respect of Foreign bidders, bidders has to bear all taxes, duties and levies payable in their country and HAL will bear all statutory levies, other than withholding tax and service tax, payable in India.

a. The quotation must be in the unit in which the quantity is indicated in the enquiry. If it is otherwise, conversion data must be furnished.

b. HAL reserves the right to order quantity less than indicated in the enquiry /quoted for by bidder, at the prices quoted, without any reference to the bidder.

4) Supply of Alternative Item : Applicable descriptive literature/catalogue if any may please be enclosed by the bidder with offer (at least two copies). In case bidder is quoting for an alternative part number it should be confirmed that the offered part is fully interchangeable with the required part.

5) Shelf Life : Where stores offered have a limited shelf-life, kindly indicate the life involved and confirm that in the event of an order from us, only newly manufactured stores with the maximum possible shelf-life at the time of dispatch will be offered for shipment. In respect of rubber items such as seals etc., having cure date, the item should not have been manufactured earlier than 6 months of dispatch.

6) Validity of the Quotation : Price quoted should be net and unless otherwise specified should remain valid for our acceptance for a minimum of 120 days from the closing date of enquiry and the materials of offered should be kept under provisional reservation for this quotation.

7) Submission of Tender :

a. Response to bid through e-Procurement should be uploaded in the e-portal only. The quote has to be submitted on or before due date.

8) Late Tender :

a. Bid received after the due date and time specified in the tender shall be considered as late tender and will not be considered.

b. HAL will not be responsible for loss or delay in receipt of tender documents / tender in transit.

c. HAL will not be responsible for inability of vendor to upload the tender documents in eprocurement.

d. HAL reserves the right to reject late or incomplete tender.

9) Tender Evaluation:

a. Bid received in different currency will be converted to Indian Rupees. The TT selling rate for foreign currency exchange rate for conversion will be adopted as per the RBI guidelines in India as on date of tender opening.

b. The tender will be evaluated on line item basis

c. Bid with lowest price conforming to the specification will be considered for placement of order.

d. Conditional discounts will not be considered in evaluation of tender.

10) Supply of Samples Samples submitted for any reasons shall be supplied without charge and freight paid and without any obligation on the Purchaser as regards safe custody. All samples submitted must be clearly labeled with the bidder’s name and address and tender number. If the bidder submits the samples with his tender the same shall not govern the standard of supply except when it has been specifically stated in the Purchase Order that it is accepted instead of any sealed pattern. Should certified samples be lent to a bidder by HAL the bidder is responsible for the return in perfect order of all certified samples with the labels intact.

a. In the case of airborne material, the same should be covered by a Release Note or Airworthiness Certificate countersigned by person/s authorized by Government Airworthiness Certifying Authority.

b. Please indicate approximate net weight of each of the item and gross weight and dimension of the package to enable HAL to determine the mode of dispatch.

c) Please indicate in your tender, whether stores newly manufactured are offered. Where newly manufactured stores are offered and on inspection it is found that reconditioned stores or parts have been used, such stores will be rejected at the contractor’s risk and expense. Manufacturing date of the items should not be older than 60 months

d. Please indicate if any training arrangements for item/system in India and factory acceptance test if required. (if applicable)

e. Please also indicate necessary onsite technical support during installation of the system at no extra cost.

f. Vendors should ensure the availability of spares of the offered products for a period of 10 years.

g. Two sets of operation manuals/maintenance manual should accompany the system at no extra cost. (if applicable)

h. Please also indicate status of export permit based on the present rules/regulations of your country and normal time frame for obtaining such export permission if an order is placed on you in near future and the same should be covered within the delivery schedule indicated.

i. Vendors while submitting the proposal should categorically declare that items quoted by them are their own manufactured products and are not resold (2nd sale). Offers without such declaration are likely to be ignored.

j. Quotation should accompany the detailed catalogues,literature and Data sheets.

k. Vendor should confirm that they are the original manufacturer of the stores referred to in this contract and has not engaged any individual or firm whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, the award of the contract to the seller nor has any amount been paid or intended to be paid to any such individual or intended to be paid to any firm in respect of any such intercession, facilitation or recommendation, vendor accepts that if it is established that the present declaration is in any way incorrect and if at any later stage it amount/commission to such individual/firm, vendor will be liable to pay the similar amount to HAL for engaging such individual/firm and making the payment as commission. In addition, vendor will also be debarred from entering into any supply contract with the Ministry of Defence, Government of India for a minimum period of 5 years. Vendors shall also consider cancellation of the contract without any entitlement or compensation to vendors who shall also be liable to refund all payments made by HAL in terms of the contract along with the interest at the London inter bank offer rate(LIBOR)

l. The Harmonized System of tariff nomenclature against the items for which quotation is rendered should be indicated.

m. For the Raw materials (in forms of bar, sheet, wires etc) (applicable for RFQs for raw material) i. Release note/ OEM certificate of conformity with physical and chemical test report is required along with the supply. ii. Requested to include the Box Charges / Packing Charges / Phytosanitary regulation Charges in the unit quoted price if any. (otherwise indicate separately charges for each item)

n. Manufacturer's name and country of origin of the materials offered must be clearly specified. Complete details and illustrated literature must accompany all quotations.

o. Vendors should clearly indicate similar equipment supplied on global basis to Aircraft manufacturing industry, to any Division of HAL and other reputed/Govt customers and anywhere in India with customer’s full address, telephone/telefax No., P.O. No., value and year of supply.

p. Quotation should be free from correction, over-writing, using correcting fluid etc.

q. All drawings (photo/sketches) sent by HAL should be returned with quotations, if bidder is unable to quote HAL drawings/photos/sketches should also be returned immediately along with regret letter.

r. HAL is not bound to accept the lowest or any quotation and reserves the right of accepting the whole or any part of the quotation or part of the quantity offered and bidder must supply the same at the rate quoted.

s. Vendor shall not be entitled without HAL’s consent to assign or transfer to a third party all or part of the benefits or obligations under this contract.

12. Warranty : Warranty shall be 12 months from the date of acceptance of items at HAL or more as per bidders policy. Warranty is after the goods have been taken over by HAL against any defective design, workmanship, materials and non-conformance to intended performance. (Optional Clause : During warranty minimum uptime of 95% shall be ensured failing which warranty period shall deem to be proportionately extended). During warranty period equipment shall be replaced/ repaired free of cost including any to & fro freight/insurance involved. Supplier shall attend to warranty calls within 48 hours notice.

13. POST-WARRANTY SERVICE Arrangements for after sales service and maintenance (authorized service centre) in India on site during warranty & post warranty period should be clearly indicated providing with name, address, phone, fax, contact person, infrastructure along with spare parts inventory held by your Authorized Technical Service Center. The vendor to indicate the validity period of authorization for the technical service center.

14. Liquidated Damages : In the event of an order, we reserve the right to collect a sum of 0.5% per week of delay or part thereof, subject to a maximum of 10% as our claim-towards liquidated damages on the undelivered part of the order.

i. Deliveries quoted should be firm (or as per the schedule indicated).

ii. Please confirm whether the item/equipment quoted/ offered is of-the-shelf or to be manufactured specific-to-type. If the items/equipment is manufactured specific-totype, bidder to quote firm delivery schedule taking into consideration of the period actually required based on the complexity of the equipment. In the event of an order, HAL reserve the right to claim towards liquidated damages on the undelivered part of the order. This clause will be strictly followed by HAL. Therefore your delivery schedule should be firm and definite.

iii. If installation and commissioning of the equipment is required to be done by bidder at HAL site, bidder to indicate the period required for the above job from the date of intimation of readiness of site at our premises.

iv. Bidder to note that the delivery schedule should be for: i) Period required for the delivery/dispatch of equipment and ii) Period required for installation and commissioning of the subject equipment after intimation from HAL about readiness of the site.

i) In accordance with our standard practice, payment against any order materializing out of your offer, will be against presentation of documents through the State Bank of India, HAL campus,Balanagar, Hyderabad,India.

ii) As a matter of policy HAL arrange payments to the extent of 80%, through SIGHT DRAFTS presented through our Bankers. 20% after delivery and acceptance

iii) If under unavoidable situations payment has to be made through Letter of Credit, the same can be established for 80% of the order value before three months from the date of dispatch. All bank charges are to be borne by the vendor. Balance 20% will be paid directly through bank after delivery and acceptance and fulfillment of all contract obligations

16. Export License: Vendors should categorically confirm the availability of export license from their government for exporting the system. Vendor shall be required to obtain and maintain all Export/Import licences and permits etc., as the case may be, required for performing supplies against this tender. Obtaining export licence shall be entire responsibility of the vendor.

17. Settlement of Disputes and Arbitration: All disputes arising out of the contract shall be settled as per Laws of India/ Rules of Arbitration of ICA/ICADR.

18. Immunity to Government of India: It is understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that HAL is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable Laws of India and General Principles Contract Law. The vendor shall agree, acknowledge and understand that HAL is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly, vendor expressly waives releases and foregoes any and all actions or claims against the Government of India arising out of this contract, not to sue the Government of India as to any manner, claim, and cause of action or thing whatsoever arising out of or under this agreement.

19. Fall Clause:

a) The price charged for the stores supplied under the contract shall be in no event exceed the lowest price at which the contractor sells the stores or offers to sell stores of identical description to any persons/organizations including the purchaser of any department of the Central Govt. or any Dept. of the State Govt. or any statutory undertaking of the Central or State Govt., as the case may be during the period till the performance of the supply order placed and during currency of the contract is completed.

b) If at any time during the said period, the contractor reduces the sales price, sells or offers to sell such stores to any person/organization including the purchaser or any department of Central Govt. or any Dept. of State Govt., or any statutory undertaking of the Central or State Govt., as the case may be at a price lower than the price chargeable under the contract, he shall forthwith notify such reduction/sale or offer to sale to the Hindustan Aeronautics Limited and the price payable under the contract for the stores supplied after the date of coming into force of such reduction or sale or offer to sale shall stand correspondingly reduced.

20. Involvement of any Agent and Middlemen: No involvement of Agents or Middlemen in India or abroad in any capacity whatsoever is permitted at any stage in relation with this tender and the resultant contract. Vendor shall confirm that he has not appointed any agent in India to promote this contract and that no commission etc. is payable to any such agent in connection with this contract. Vendor shall also confirm that he has neither paid nor will pay any commission, fee or any such charges to any agent in connection with the award and execution of this contract. Should it be subsequently proved that such a commission, fees or charge has been paid, contrary to the foregoing, buyer shall be entitled to terminate this contract forthwith. The buyer shall also be entitled to recover from the seller an amount equal to the commission, fees or any such charge proved to have been paid. HAL has not appointed / authorized any person / agent to deal with the vendors in respect of the said contract. In case, if someone claims and interacts with the vendors it shall be duty of the vendors to bring such instances to the notice of HAL Management

21. HAL conditions of contract will govern any resultant order arising out of the enquiry (copy on application) and bidders quotation will be subject to the said conditions.

22. Bidder is required to send REGRET REPLY, in case the subject item is not covered in bidders range of products.

23. CONFIDENTIALITY The Supplier shall hold confidential technical data and information supplied by the Purchaser or on behalf of the Purchaser and shall not reproduce any such technical data or information or divulge the same to any third party without the prior written consent of the Purchaser. The Purchaser shall hold confidential technical data and information supplied by the Supplier or on behalf of the Supplier and shall not reproduce any such technical data or information or divulge the same to any third party without prior written consent of the Supplier except as far as may be necessary for either party to carry out its obligations under this Contract.

24. In the development orders, where technical inputs/assistance is provided to the vendors, the Intellectual Proprietary Rights (IPR) will est with HAL. Vendor will not directly deal with HAL's customer for these items.

25. Repeat Order Repeat order may be considered by HAL on successful bidder for any future requirements uptp 100% value of the original order after placement of the original order, but within 12 months from the date of completion of original order.

AS PER HAL AS PER SUPPLIER REMARKS

1) Price : The bidder is required to indicate prices against individual items.

a) In case Bidder has entered into Rate Contract with DGS&D, the Rate Contract Reference to be sent to HAL along with the quotation. Bidder is required to certify that prices quoted are the same as applicable to DGS&D and other Government Departments. DGS&D Rate Contract holders should state whether they are agreeable for supply at DGS&D Rate Contract Rates in the event of placement of order by us on HAL's own order form.

b) Price quoted should be on F.O.R. Destination basis, for delivery at HAL Stores inclusive of all charges including transit insurance.

c) In case of imported item is quoted by bidder, the prices quoted should be in the currency of the country of supply. HAL reserves the right to avail Custom duty exemption on imported item. To avail the exemption, HAL will provide Custom duty exemption certificate (if applicable) to the Bidder. Bidder shall submit the invoice of foreign supplier prior to release of custom duty exemption certificate by HAL. Bidder is advised to quote both the rates (with custom duty exemption and without custom duty exemption). HAL reserves the right to select any of the option for commercial evaluation and ordering.

d) Tenderers should clearly mention whether the prices hold good when the full quantity of enquiry is not ordered but only a part of it. Unless otherwise mentioned, it would be assumed that the rates hold good even when lesser quantities than those enquired of are ordered. Any increase in prices at a later date for ordering lesser quantities will not be agreed to.

a) Sales Tax: Rate of Sales Tax or any other Tax chargeable should be clearly indicated in the offer / bid as inclusive in the price quoted or extra. If not indicated, HAL will assume that the rates quoted are inclusive of taxes.

b) Excise Duty: Excise Duty will be paid only on production of sufficient documentary evidence or a certificate from the Supplier for having paid the Excise Duty at actual. The present rate and tariff details should be indicated.

a) The quotation must be in the unit in which the quantity is indicated in the enquiry. If it is otherwise, conversion data must be furnished.

b) HAL reserves the right to order quantity less than indicated in the enquiry /quoted for by bidder, at the prices quoted, without any reference to the bidder.

c) For the Raw materials (in forms of bar, sheet, wires etc) (applicable for RFQs for raw material) Qty. tolerance } 10% acceptable.

4) Supply of Alternative Item : In case bidder is quoting for an alternative part number it should be confirmed that the offered part is fully interchangeable with the required part. Applicable descriptive literature/catalogue if any may please be enclosed by the bidder with offer (at least two copies).

5) Shelf Life : Where stores offered have a limited shelf-life, kindly indicate the life involved and confirm that in the event of an order from us, only newly manufactured stores with the maximum possible shelf-life at the time of dispatch will be offered for shipment. In respect of rubber items such as seals etc., having care date, the item should not have been manufactured earlier than 6 months of dispatch.

6) Validity of the Quotation : Price quoted should be net and unless otherwise specified should remain valid for our acceptance for a minimum of 120 days from the closing date of enquiry and the materials of offered should be kept under provisional reservation for this quotation.

7) Tender Due Date : The submission of quote to be done on or before due date at HINDUSTAN AERONAUTICS LIMITED, AVIONICS DIVISION,BALANAGAR,HAL POST, HYDERABAD-500042, AP-INDIA. Submission of tender can also be done through e-mail ID: [email protected] and Fax No.+91-40-23878389. RFQ floated through e-portal, quotation will be considered only if submitted through e-portal.

8) Submission of Tender :

a) The bidder is required to submit bids directly to HAL either through post/courier/drop in sealed cover with clear marking of bidder details. The cover should be marked with tender no., due date and bidders postal address. Response received, without bearing the bidder address will not be entertained. Bid submitted by bidder’s authorized dealer / distributor/channel partner should accompany with ink signed authorization letter of the bidder to whom tender has been originally issued. In the absence of authorization letter, the bids submitted shall be considered an unsolicited.

b) The signed copy of bid submitted through E-mail / Fax will be accepted subject to the same being sent to the specified e-mail ID/Fax No. indicated in the tender document. Unsigned copy of bid received through E-mail/Fax will not be considered. Bid received through e-mail / Fax received other than that specified in tender documents will not be considered.

c) Response to bid through e-Procurement should be uploaded in the e-portal only.

d) Submission of tender in two bid system:

i)In response to tender in two bid system, the bidders are required to submit technical bid and commercial bid separately. Each bid will be put in separate sealed cover marked with tender No., due date and indicated as technical bid or commercial bid as the case may be. Both sealed covers will be put in a single cover, which will again be sealed and superscribed with tender no. and due date.

ii) The technical bid should also include EMD in original form and Integrity Pact (if applicable). Technical bid without EMD in original form and Integrity (if applicable) will be rejected. In case of EMD sent by SWIFT / Wire Transfer, Transaction Code should be indicated along with the technical bid. The technical bid will be accepted only after confirmation of receipt of EMD in time

iii) Bid received with technical bid and commercial bid in open condition inside one envelope will be rejected.

iv) Submitting only one bid with rates and technical details as a single bid will be rejected.

9) Late Tender :

a) Bid received after the due date and time specified in the tender shall be considered as late tender and will not be considered.

b) HAL will not be responsible for loss or delay in receipt of tender documents / tender in transit.

c) HAL will not be responsible for inability of vendor to upload the tender documents in eprocurement.

d) HAL reserves the right to reject late or incomplete tender.

10) Opening of Tender :

a) Tender shall be opened on very next working day of due date at 13.30 IST at HINDUSTAN AERONAUTICS LIMITED, AVIONICS DIVISION,BALANAGAR,HAL POST, HYDERABAD-500042, AP-INDIA. Bidders or their authorized reps. who are desirous to attend the tender opening may forward written confirmation with name of authorized person and designation prior to tender opening.

b) During tender opening only the important particulars like price, payment and delivery terms will be read out.

11) Tender Evaluation:

a) The tender will be evaluated on line item

b) Bid with lowest price conforming to the specification will be considered for placement of order.

c) If the bidder considers that tendered quantity is small, the bidder may quote for Minimum Ordering Quantity (MOQ). Commercial evaluation in this case will be done on MOQ x unit price, if MOQ offer beyond 20% of RFQ quantity.

d) If two or more bidders quote the same price, HAL reserves the right to seek revised offer from the same bidders and placing order on revised L-1 offer. If same situation prevails then HAL reserve the right to place order on any of them.

e)If the lowest bidder has not offered full quantity, for the balance quantity HAL reserves the right to source from other bidders on L1 price.

f) To have parallel source of supply the order may be spilt to 2 or 3 sources subject to other bidders agreeing for L-1 price. The distribution of quantity among the bidders will be as per the proportion given below : Qty. distribution among L-1 : L-2 in proportion x% : y% or Qty. distribution among L-1 : L-2 : L-3 in proportion x% : y% : z%

g) Conditional discounts will not be considered in evaluation of tender.

h) Applicability of the Taxes (Sales Tax, Excise duty, Octroi etc) should be explicitly indicated by the bidder in his response either in percentage or in absolute terms. In the absence of this input the offer would be considered all inclusive.

i) In respect of two bid system, technical bid will be opened on the tender opening date. After technical evaluation, the Commercial bids of those bidders who are technically acceptable will be opened.

12) Supply of Samples

Samples submitted for any reasons shall be supplied without charge and freight paid and without any obligation on the Purchaser as regards safe custody. All samples submitted must be clearly labeled with the contractor’s name and address and tender number. If the contractor submits the samples with his tender the same shall not govern the standard of supply except when it has been specifically stated in the Purchase Order that it is accepted instead of any sealed pattern. Should certified samples be lent to a contractor by HAL the contractor is responsible for the return in perfect order of all certified samples with the labels intact.

a) Please indicate approximate net weight of each of the item and gross weight and dimension of the package to enable HAL to determine the mode of dispatch.

b) Please indicate in your tender, whether stores newly manufactured are offered. Where newly manufactured stores are offered and on inspection it is found that reconditioned stores or parts have been used, such stores will be rejected at the contractor’s risk and expense. Manufacturing date of the items should not be older than 60 months

c) For the Raw materials (in forms of bar, sheet, wires etc) (applicable for RFQs for raw material) i. Release note/ OEM certificate of conformity with physical and chemical test report is required along with the supply. ii. Requested to include the Box Charges / Packing Charges / Phytosanitary regulation Charges in the unit quoted price if any. (otherwise indicate separately charges for each item)

d) Manufacturer's name and country of origin of the materials offered must be clearly specified. Complete details and illustrated literature must accompany all quotations.

e) Vendors should clearly indicate similar equipment supplied on global basis to Aircraft manufacturing industry, to any Division of HAL and other reputed/Govt customers and anywhere in India with customer’s full address, telephone/telefax No., P.O. No., value and year of supply.

f) Quotation should be free from correction, over-writing, using correcting fluid etc.

g) All drawings (photo/sketches) sent by HAL should be returned with quotations, if bidder is unable to quote HAL drawings/photos/sketches should also be returned immediately along with regret letter.

h) HAL is not bound to accept the lowest or any quotation and reserves the right of accepting the whole or any part of the quotation or part of the quantity offered and bidder must supply the same at the rate quoted.

i) Vendor shall not be entitled without HAL’s consent to assign or transfer to a third party all or part of the benefits or obligations under this contract.

14). Warranty : Warranty shall be 12 months after the goods have been taken over by HAL against any defective design, workmanship, materials and non-conformance to intended performance. During warranty period equipment shall be replaced/ repaired free of cost including any to & fro freight/insurance involved. Supplier shall attend to warranty calls within 48 hours notice.

15). POST-WARRANTY SERVICE Arrangements for after sales service and maintenance (authorized service centre) in India on site during warranty & post warranty period should be clearly indicated providing with name, address, phone, fax, contact person, infrastructure along with spare parts inventory held by your Authorized Technical Service Center. The vendor to indicate the validity period of authorization for the technical service center.

16). Liquidated Damages : In the event of an order, we reserve the right to collect a sum of 0.5% per week of delay or part thereof, subject to a maximum of 10% as our claimtowards liquidated damages on the undelivered part of the order.

17) Delivery : Deliveries quoted should be firm (or as per the schedule indicated).

18) Inspection :

19) Terms of Payment: In the event of an order, 100% payment will be made within 30 days after inspection and acceptance at our Stores, by RTGS or any other latest Electronic Payment remittance mode.

20) Any order, resulting from the enquiry, shall be governed by the General Terms and Conditions of Contract of HAL and any party quoting against this enquiry shall be deemed to have read and understood these terms and conditions and to have quoted subject to these terms and conditions (Enclosed).

21) When counter terms and conditions have been offered by a tenderer, HAL shall not be deemed to be governed by such terms and conditions unless specific written acceptance thereof has been given by HAL.

22) Any terms & conditions which has not been the part of the bid or Purchase Order, if put forward in subsequent correspondence, shall not be considered by HAL.

23) Disregard of any instructions, may result in your offer being ignored.

24) Canvassing by tender form, including unsolicited letter on tender submitted or post tender corrections shall render their tenderers liable for rejection.

25). BRIBES AND GIFTS Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the contractor or his parties, agent or servant or any one on his or their behalf to any officer, servant, representative or agent of HAL or any person on his or their behalf in relation to the obtaining or to the execution of this or any other contract with HAL shall in addition to any criminal liability which the contractor may incur, subject the contractor to the cancellation of this and all other contracts with HAL and also to payment of any loss or damage resulting from any such cancellation under clauses-8 and 10 thereof. Any question or dispute as to the commission of any offence under the present clause shall be settled by HAL in such manner and on such evidence or information as they may think fit and sufficient and their decision shall be final and conclusive.

25). CONFIDENTIALITY The Supplier shall hold confidential technical data and information supplied by the Purchaser or on behalf of the Purchaser and shall not reproduce any such technical data or information or divulge the same to any third party without the prior written consent of the Purchaser. The Purchaser shall hold confidential technical data and information supplied by the Supplier or on behalf of the Supplier and shall not reproduce any such technical data or information or divulge the same to any third party without prior written consent of the Supplier except as far as may be necessary for either party to carry out its obligations under this Contract.

26). In the development orders, where technical inputs/assistance is provided to the vendors, the Intellectual Proprietary Rights (IPR) will rest with HAL. Vendor will not directly deal with HAL’s customer for these items.