Specific performance of contract
Ajay Gehi
(Querist) 08 December 2011
This query is : Resolved
Dear Sir
A PSU floated a tender for supply of material, which was filled and Submitted by the supplier
Thereafter, the PSU accepted the tender and as per the tender the delivery of the material was to be done in two lots.
One lot has been supplied and payment for the same has been received, However, the PSU is not providing instructions for the delivery of the second lot.
Due to this the supplier of material is undergoing hardships in the form of blockage of funds, interest and storage costs etc.
Could you please offer solutions.
Thanks
Guest
(Expert) 08 December 2011
What were the terms of supply, as included in the supply order, particularly for the 2nd lot, and also provision of damages included in the contract agreement in case of non-fulfillment of the terms of agreement?
ajay sethi
(Expert) 08 December 2011
have you addressed letters in writing intimating the PSU that you are in position to deliver the second lot . ?
whether contract contained a specfic provision that second lot was to be delivered by particualr period . ?
need to go through the terms of the contract to advise you
Advocate M.Bhadra
(Expert) 08 December 2011
To give proper advise it is needed to read over the terms of contract as well as tender documents,however you can send a legal notice to the PSU in this respect.
Devajyoti Barman
(Expert) 08 December 2011
Yes the terms and conditions of the contract is key to answer this query.
Raj Kumar Makkad
(Expert) 09 December 2011
Bhadra has already represented my views on the subject.
H.M.Patnaik
(Expert) 09 December 2011
Dear Friend,
Experts have already adequately advised you on the issue.
However, Pl. let me know even though payment for First lot has been settled were there any issues regarding acceptance of delivery, quality/ specification of goods involved or
violation of time frame set out in the Purchase order.
Ajay Gehi
(Querist) 17 December 2011
Thanks a lot for your assistance. It seems the terms of contract clearly state that the contract can be withdrawn at any point of time by the PSU. Hence the supplier is now trying persuasion.
My thoughts are that such standard form of contracts are always in favour of the person issuing the tender, hence how does one overcome such terms in standard form of contracts?
