Ref : / 115A1160 Date :29/02/2016 RATE CONTRACT ( VALID FOR TWO YEARS) M/s GMMCO Limited

Transcription

1 NORTHERN COALFIELDS LIMITED (A Mini Ratna Company) Materials Management Division PO- Singrauli Colliery, Distt- Singrauli, MP Phone: Fax No / Website : Ref : / 115A1160 Date :29/02/2016 RATE CONTRACT ( VALID FOR TWO YEARS) M/s GMMCO Limited CK Birla Group Vendor Code: G0082 Plot No. 13/2, Khajra Kras Main Road, Near NCL CMD s Office, Singrauli Distt. Singrauli (Madhya Pradesh) Sub : Rate Contract for supply of Brake Parts for Unit Rig 120T Dumpers. Ref: i) Our Limited Tender Enquiry No. NCL/SGR/MMD/SKA/LTE/115A1160/64 Dt , Techno-Commercial Bid (Cover-I) opened on & Price Bid (Cover-II) opened on (Tender ID- 2015_NCL_9310_1) ii) Your Offer No. GMMCO/SGR/15-16/02 DTD iii) Your Letter No. Gmmco/Sgr/15-16/02A dtd , SGL/GMMCO/Parts/15-16/276 DT & No. SGL/GMMCO/ Parts/15-16/276A DT Dear Sir, With reference to the above, we are pleased to enter into a Rate Contract with you for supply of Brake Parts for Unit Rig 120T Dumpers to various Projects of Northern Coalfields Limited located in the State of M.P. & U.P. in accordance with the terms and conditions mentioned hereunder and Scope of Supply, Description of items, Part No. and Prices indicated in enclosed Annexure I. 1. Make/Brand : CATERPILLAR 2. Basis of Price : F.O.R Destination Basis inclusive of Packing, Forwarding, Freight and Transit Risk Insurance charges etc. & shall remain Firm till execution of supply orders placed by the DDOs during the currency of the Rate Contract. 3. Excise Duty : Excise Duty is not applicable as the items are of imported origin and are inclusive of CVD and SAD for which the firm shall submit CENVATABLE Invoice with Min. CENVAT amount per unit indicated against each item towards CVD and SAD. In case the actual CENVATABLE amount is less than the minimum CENVATABLE amount, the differential amount shall be deducted from the firm s bills.

2 -2- For availing Cenvat Credit by NCL, you shall submit copy of CENVATABLE EXCISE Invoice as per rule 11 of CENTRAL EXCISE RULE 2002 at the time of supply of material along with the final bill(s) indicating therein Northern Coalfields Limited s ECC No, Range, Division and Commissionerate along with other details as detailed below: Clean Energy Cess Regn. No./ Range Division Commissionerate Excise Regn AABCN4884HEM011 Waidhan Satna Bhopal You have to submit your Auditor s certificate along with the bill confirming that refund/ credit if any obtained against Excise Duty shall be passed on to Northern Coalfields Ltd. 4. Sales Tax: MPVAT / Concessional Central Sales Tax will be payable extra at actuals as legally applicable at the time of supply. Present Rate of MP VAT for MP Projects and against Form C for UP Project. For availing concessional rate of Sales Tax, requisite Sales Tax declaration form will be furnished by the Consignee of UP Project. NOTE: If there be any increase in the rates of taxes and duties during the extended delivery period beyond the stipulated / scheduled delivery period, NCL shall not pay the increase in the Taxes & Duties and the increase will be to supplier s account and in case there is any decrease, the same shall be passed on to NCL. 5. Submission of Import Documents : The following import documents are required to be submitted with each supply for acceptance of supplies to NCL: (i) Self attested copy with original Principal s Invoice / packing list. (ii) Self attested copy of Bill of Lading / Airway Bill. (iii) Self attested copy with original Bill of Entry. (iv) As per contractual requirement (if any) warranty / guarantee certificate. (v) Certificate of Origin You shall provide clear linkage of items as per order with documents furnished under clause (i), (ii) and (iii) for acceptance by NCL. The original documents under (i) and (iii) shall be returned after verification with attested photocopy and making endorsements on original relating to transaction made. 6. Duration of RC : The Rate Contract will remain valid for TWO YEARS from the date of issue of this RC. This being a case of Rate contract where in Price, Terms and Conditions will remain Firm and Fixed during the validity of the Rate Contract and quantity to be supplied shall be on as & when required basis.

3 Ref : / 115A1160 Dt.29/02/2016 M/s. GMMCO Ltd. 7. Estimated Annual Off-take : Restricted to Rs. 91,69, (Rupees Ninety One Lakhs Sixty Nine Thousand Six Hundred Sixty Three and Paise Forty Two Only) with project wise annual off-take amount as under: -3- (a) Nigahi Project (b) Jayant Project (c) Dudhichua Project TOTAL --- Rs Lakhs --- Rs Lakhs --- Rs Lakhs --- Rs Lakhs Besides Project-wise above annual off-take, an amount of Rs.23,69, (Rupees Twenty Three Lakhs Sixty Nine Thousand Six Hundred Sixty Three and Paise Forty Two only) will be under the administrative control of GM(Excv), NCL to cater the exigency of user Projects. Accordingly total off-take for two years shall be restricted to Rs.1,83,39, (Rupees One Crore Eighty Three Lakhs Thirty Nine Thousand Three Hundred Twenty Six and Paise Eighty Four Only). You will not execute the supply order over & above the restricted value. 8. Delivery: Within 6 (Six) months from the date of placement of supply order by various DDOs of respective Projects against this Rate Contract on as & when required basis. However, early delivery will be preferred. Date of receipt of Store at the Consignee s end will be considered as the date of delivery. 9. Consignee : Depot officer, Regional Stores, Jayant / Nigahi / Dudhichua Projects. 10. Direct Demanding Officer : Supply Order(s) against this Rate Contract will be placed by the Direct Demanding Officers (DDOs) on as & when required basis. DDOs are Depot Officer, Jayant / Nigahi Projects, Dist. Singrauli (in M.P.) & Dudhichua Project, Dist. Sonebhadra (in U.P.). However, for item Sl. No.1 (NIT Sl. No.7), Jayant & Nigahi Projects of MP only shall be the DDO and not Dudhichua Project. 11. Parallel Rate Contract : The Northern Coalfields Limited, reserves the right to conclude parallel Rate Contract with other suppliers. The Northern Coalfields Limited does not guarantee you for the quantity to be purchased during the currency of this Rate agreement. Also Northern Coalfields Limited also reserves the right to purchase any quantity outside the contract in case of urgent demand arising out at any time during the contract period. 12. Guarantee / Warranty :You will furnish guarantee / warranty for satisfactory performance of the supplied Brake Parts against this Rate Contract for a period of 12 months from the date of Fitment & commissioning or 18 months from the date of receipt and acceptance of the Brake Parts at consignee s end whichever is earlier. You shall be responsible for any defect that may develop, under the conditions provided for by the contract and under proper use, arising from faulty materials, design or workmanship and shall remedy such defects at your

4 -4- own cost when called upon to do so. If it becomes necessary for you to replace or renew any defective part, such replacement or renewal shall be made by you 100% free of cost without any extra cost to Northern Coalfields Limited. The new goods should be supplied on FOR destination basis free of cost. Warranty replacement should be completed within a reasonable period maximum within one month from the date of claim free of cost up to ultimate consignee s end. All cases of warranty replacements to be decided on the basis of joint inspection of the failed goods held between the user s representative & the supplier s representative. However, in case of any dispute the decision of NCL management shall be final. FITMENT CERTIFICATE: You shall certify that your products are Exact replacement of /fully interchangeable to the Original parts and will fit and function on the equipment for which these are intended for without any modification and conform to performance guarantee as per OEM standards. TECHNICAL SUPPORT & SERVICE: You shall also render Technical support & services to ensure fitment, proper usage, maintenance and satisfactory performance of the supplied Brake Spares. Further, you have to ensure quarterly visit of your Service Personnel for smooth functioning of the supplied materials. 13. Terms of Payment : 100% payment including all Taxes & Duties shall be made by the concerned Paying Authority of the Consignee within 21 days of receipt and acceptance of materials at consignee s end or submission of bills complete in all respect whichever is later. The payment will be made through EFT/e-payment. 14. Paying Authority: The Area Finance Manager, Jayant / Nigahi Projects, Dist Singrauli (for M.P. Projects) and Dudhichua Project, Dist. Sonebhadra (for U.P. Project). 15. Your Banker's Name & Address : HDFC Ltd., ITC Centre, No. 759 Anna Salai, Chennai (TamilNadu), A/c. No , IFSC Code HDFC Submission of Bills : A. Following documents may be submitted to the Consignee: i) Consignment Note. ii) Delivery Challan in original. iii) One copy of the Bill. iv) Warranty/Guarantee Certificate /Inspection report wherever required. v) Any other documents specified in the order. B. Following documents should be submitted to the Paying Authority: i) 100% bill in triplicate duly pre-receipted and stamped.

5 Ref : / 115A1160 Dt.29/02/2016 M/s. GMMCO Ltd. -5- ii) CENVATABLE Invoice. iii) Copy of the Consignment Note/Warranty /Guarantee Certificate/Copy of the Inspection Note wherever required. iv) Any other documents specified in the order. 17. Inspection : Final Inspection of materials shall be carried out by authorized representative of GM (Excv) NCL at consignee s end after receipt of materials at site. The spare parts found defective or not in accordance with the specification mentioned in the Supply Order will be rejected and intimated to you for replacement within 30 days from the date of receipt of intimation. 18. Mode of Despatch : By Road. Safe arrival of the materials at the consignee's end will be the responsibility of the Supplier. Way bill, if required, for supplies to the Project located in UP may be obtained from the concerned consignee before arranging dispatch. 19. Packing : The consignment should be securely packed & marked as per standard Trade Practices / BIS norms to withstand the rigors of transport to prevent any loss / damage or pilferage in transit and ensure safe arrival at destination. Packing of materials should conform to the requirements of the Carrier. 20. Lowest Price certificate : You shall submit a certificate stating that the prices charged by you against the Supply Orders placed during the Currency of this Rate Contract are the lowest price and are the same as applicable to other Government Departments / Undertakings / other organizations including DGS&D and other Subsidiaries of Coal India Ltd. You should also certify that the prices charged are not higher than the prices quoted / charged by you for same / similar items to other Customers. 21. Shortage, Damages & Demurrage etc. : Any shortages or damages etc. shall be made good / replaced within 30 days of receipt of intimation from the consignee. The Consignee will take open delivery from the carriers in the event of any Case found damaged at the time of taking delivery. In case of shortages found in such Cases, shortage certificate will be obtained by the consignee from the Carriers and submitted to you. The shortages and damages claims will be intimated by the consignee to the firm within 15 days on receipt of materials along with short receipt certificate. 22. Liquidated Damage Clause : In the event of failure to deliver or dispatch the stores within the stipulated delivery period in accordance with the specifications mentioned in this Rate Contract and in the event of breach of any of the terms and conditions mentioned in the Supply Order placed against this Rate Contract, NCL reserves its right: - a) To recover from you as agreed Liquidated Damages, a sum of 0.5 % (half percent) of the price of any stores which you have not been able to supply as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to 10% (Ten percent). Where felt necessary the limit of 10% can be increased to 15% at the sole discretion of Head of the Materials Management Division.

6 -6- b) To purchase elsewhere, after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or others of similar description without canceling the supply order in respect of the consignment not yet due for supply orc) To cancel the supply order or a portion thereof and if so desired to purchase the stores at the risk and cost of the defaulting supplier and alsod) To extend the period of delivery with or without penalty as may be considered fit and proper, the penalty, if imposed shall not be more than the agreed liquidated damages referred to in clause (a) above. e) Whenever, under this contract, a sum of money is recoverable from and payable by the supplier, NCL shall be entitled to recover such sum by appropriating in part or in whole by deducting any sum or which at any time thereafter may become due to the successful tenderer in this or any other contract. Should this sum be not sufficient to cover the full amount recoverable, the successful tenderer shall pay NCL on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase. 23. Price Fall Clause : If you, at any point of time during the period of execution of supply against this contract of NCL, supply store of identical description in India to any customer including CIL, Subsidiary Companies at a price lower than the price stipulated in the first contract, you shall forthwith notify such reduction of sale price and NCL shall amend its contract price to the lower price. In event of non-intimation by you to this effect, suitable penal action may be considered against you. The price fall clause shall apply when the period of execution of supply against contract of NCL (first contract) is concurrent with supply of another contract by you to other organization including CIL/Subsidiary Companies (other contract). The lower price of the two will be applicable against the supplies made against the first contract, during the concurrent period of execution of supplies of the said two contracts. 24. Manufacturer's Identification Marks / Symbol : Manufacturer's distinctive identification mark / symbol and also the Part No. must be clearly embossed / engraved / punched on each and every item, as far as practicable and wherever possible at a visible place which is not subject to normal wear and tear. Apart from this, a tag may be attached to the item giving identification mark, Part No., description, year and month of manufacture etc. However, for high precision item where embossing / engraving / punching is not possible, shall be packed separately & packing cover / box / case should be tagged with the identification mark or identification mark be put by Metal Marker. 25. Manufacturer's Test Certificate : Manufacturer's Test cum Inspection Certificate must be submitted along with each supply. 26. Risk Purchase: In the event of failure of supplier to deliver or dispatch the stores within the stipulated date/period of supply order, or in the event of breach of any of the terms and conditions mentioned in the Rate Contract, Northern Coalfields Limited have the right to purchase the stores from elsewhere after due notice to the defaulting supplier at the risk and cost of defaulting supplier. It is mentioned clearly that in the event of failure of supplier as detailed above, the cost of risk purchase exercise may be recovered from the bills against any other supplies pending at NCL and also in any other Subsidiary Company of CIL / CIL.

7 Ref : / 115A1160 Dt.29/02/2016 M/s. GMMCO Ltd. 27. Jurisdiction of Court : Any dispute arising out of this Rate Contract will be subject to the jurisdiction of Singrauli Court (MP) only. 28. Integrity Pact: A copy of Integrity Pact signed by your representatives and NCL s representative is enclosed at Annexure-II. -7- This Rate Contract shall be the sole repository of the Northern Coalfields Limited and will also be governed by all the provisions of CIL Purchase Manual as well as the "General Terms and Conditions of Supply of Stores" issued along with our invitation to tender and instruction to Tenderer, unless otherwise stipulated in this Rate Contract. Two copies of this Rate Contract are enclosed herewith and you are requested to submit your acceptance putting your seal & signature on one copy of RC within 10 days. In case same is not received within this period, it will be presumed that you have accepted the same. Yours faithfully, For and on behalf of Northern Coalfields Limited, Singrauli (V.K.Verma) Asst. Manager (MM) (S.K.Agrawal) Chief Manager (MM) Encl :- 1. Technical Details & Schedule of Requirement Annexure-I 2. Integrity Pact Annexure - II Copy to : 1. The Chief Vigilance Officer, Singrauli. 2. The Director, (Technical / Operations), NCL 3. General Manager (Fin.)/ GM (Excv.), NCL, Singrauli 4. The GM, Jayant / Nigahi / Dudhichua 5. SO(Excv.)/AFM, Jayant / Nigahi / Dudhichua 6. Depot Officer / Area Purchase Officer - Jayant / Nigahi / Dudhichua. 7. Progress Cell, Singrauli. 8. The GM (MM), CCL/BCCL/ECL/MCL/SECL/WCL. 9. Shri Sewa Ram, IAS (RTD), 660, Sector -26, Panchkula (Haryana). Mobile No ID sarangalsr@hotmail.com. 10. Shri J.K Khanna, IPS (Rtd), A-102, Sector-55, Noida (UP). Tel. No , Mobile No ID jkkhannaips@yahoo.com. 11. M/s Caterpillar India Pvt. Ltd., 6 th Floor, Tower B Prestige Shantiniketan, The Business precinct, White Field Main Road, Bangalore This refers to their letter No. DSD/04/OCT/2014 DTD & DSD/16/MAR/2015 dtd

8 This is issued against the proposal of GM(Excv.) dtd , Indent Registration No. 115A1160 dtd duly concurred by D(Fin) and approved by CMD, NCL. SPECIAL INSTRUCTIONS: (a) The orders received from the Direct Demanding Officers will be complied with the highest priority to the extent possible, the order will be executed from stocks held in your stock/depot. You will be responsible for timely intimation about the dispatch of material to the consignee giving details of Consignment Note No. & date, delivery Challan, type of goods dispatched etc. (b) You will submit a monthly statement by the 8 th of every month to the undersigned showing the status of supply orders placed on you against this Contract in the following format: (c) -8- Sl No. LR/C Note/ Challan No. & Date S/O No. & Date Consignee s Name Qty ordered (Item wise) Qty supplied (Item wise) Balance Qty (Item wise) Asst. Manager (MM) Chief Manager (MM)

9 Ref : / 115A1160 Dt.29/02/2016 M/s. GMMCO Ltd. -9- Technical details and Schedule of Requirement Annexure_I BRAKE PARTS FOR UNIT RIG 120T DUMPERS Sl No. NIT Sl.No. Description Part No 1 7 Disc-Rear Brake 26090/85718 A Alternate Part No Basic Value(Rs.) (For supply to Jayant & Nigahi Projects only & not for Dudhichua Project) 2 8 Front Brake Parking Brake Valve, Brake Assy Check Valve Check Valve Retainer Boot Kit Check- valve Check Valve-drain Solenoid Valve cartridge Valve-Press Reducing Control cable Solenoid Valve cartridge Shuttle Valve Disc Brake 38" 83365H Min. CENVAT Amount Per Unit (INR

10 17 42 Seal Kit Seal Kit Seal Kit Park Brake Seal Kit Solenoid Valve Solenoid, 24VW/DIN CON Seal Kit Seal Kit Manifold Seal Kit Jam Nut LH Retaining RH Retaining Asst. Manager (MM) Chief Manager (MM)