Ref : 63417 NORTHERN COALFIELDS LIMITED (A Mini Ratna Company) Materials Management Division PO- Singrauli Colliery, Distt- Singrauli, MP- 486 889 Phone: 07805 – 266606 Fax No. 266388/266640 Website : www.ncl.in /112A1115 Date : 04/09/2014 TRIAL ORDER M/s. Amol Engineering & Castings, Chandra Shekhar Ward No. 34, P.O. Shrinagar, Ta. Gondia, Dist. Gondia (M.S.) ( REGD. POST ) (VENDOR CODE: ) Fax No-07172-271169 Sub: Our Trial Tender Enquiry No. NCL/SGR/MMD/SKA/13-14/12/Open/112A1115 dated 27.04.2013 opened on 14.06.2013 for supply of Bucket Spares of 20/90 Dragline for Source Development. Ref: Your Offer No. AE&C/NCL/2013-14/0001 dtd.06.06.2013 & your subsequent letters No. AE&C/NCL/2013-14/0001-A dtd.15.09.2013, e-mail dtd. 22.01.2014 & AE&C/NCL/VALIDITY/2014-15/0002-A dtd 02.09.2014. Dear Sir, With reference to the above, we hereby place our Trial order on you for supply of following materials. The supply shall be governed by the specifications, prices, terms & conditions mentioned hereunder and also unless otherwise specified as per “General terms & Conditions for supply of Stores” enclosed with the NIT. Scope of Supply: Sl. no. PART NO. Material Code DESCRIPTION QTY nos. Unit Rate in Rs. Extended value in Rs. 1 106061566 11399993592 Upper Hoist Chain 02 30000.00 60000.00 2 106061567 11399993604 Lower Hoist Chain 02 20500.00 41000.00 3 106061571 11399981762 Dump Pulley Shaft 01 70000.00 70000.00 Total Basic Order Value 171000.00 Make: “Amol” Basic Order Value : Rs. 171000.00(Rupees One Lakh Seventy One Thousand only.) Terms & Conditions: 1. Basis of Price : FOR Destination basis inclusive of Packing, Forwarding, Freight and Transit Insurance. Prices are firm till completion of supplies. -1- Ref: 63417 /112A1115 dt. 04/09/2014 M/s. Amol Engineering & Castings, Gondia 2. Packing & forwarding – Nil and shall be borne by you. 3. Freight & Transit Risk Insurance Charges : Nil and shall be borne by you. Safe arrival of materials up to destination will be your responsibility.. 4. EXCISE DUTY & EDUCATION CESS: Nil/ Not applicable. If applicable in future, the same shall be borne by the firm. 5. Sales Tax: Central Sales Tax will be payable extra at actuals as legally applicable at the time of supply. For availing concessional rate of Sales Tax, requisite Sales Tax declaration form will be furnished by the Consignee. The present rate of CST is @ 2 % against form „C‟. In case of any increase in taxes and duties after expiry of the scheduled delivery period, the increase will be to supplier’s account and in case there is any decrease, the same shall be passed on to NCL. 6. Entry Tax: Shall be paid extra at actuals by the Paying Authority directly to M.P. State Authority. Present rate of Entry Tax is @1%. 7. Delivery : Within 6 (Six) months from the date of placement of Trial Order. However, early supply shall be preferred. No materials should be supplied beyond the specified delivery period unless amendment for extension of delivery period is obtained from the purchaser i.e. NCL. Date of receipt of materials at consignee‟s premises will be taken as date of delivery. 8. Extension of Delivery Period : In the event of delay in dispatch of goods as per delivery schedule of supply order, you will not dispatch / deliver the materials unless the delivery date is extended on your request and you receive confirmation to this effect. 9. Payment terms : a)(For item No. 1 & 2) 80% payment inclusive of all Taxes and Duties shall be made within 21 days on receipt and acceptance of materials against submission of Bank Guarantee for an equivalent amount (including taxes, duties and other charges to the FOR destination price). The Bank Guarantee should be issued by any Scheduled Bank and must be submitted in our standard format and should be valid initially for 21 months from the date of receipt and acceptance of materials at consignees end with the condition that the validity of BG shall be suitably extended to cover the Warranty / Guarantee period of 4000 working hours in case the Warranty / Guarantee period in terms of working hours is not completed during 21 months validity of BG. Balance 20% payment along with Bank Guarantee shall be released after warranty period of 4000 working hours if the performance of the items is found satisfactory as duly certified by the Head of Technical Department, NCL. b)(For item No. 3) 80% payment inclusive of all Taxes and Duties shall be made within 21 days on receipt and acceptance of materials against submission of Bank Guarantee for an equivalent amount (including taxes, duties and other charges to the FOR destination price). The Bank Guarantee should be issued by any Scheduled Bank and must be submitted in our standard format and should be valid for 21 months from the date of receipt and acceptance of materials at consignees end. Balance 20% payment along with Bank Guarantee shall be released after warranty period if the performance of the items is found satisfactory as duly -2- Ref: 63417 /112A1115 dt. 04/09/2014 M/s. Amol Engineering & Castings, Gondia certified by the Head of Technical Department, NCL. The payment shall be made by “Electronic Fund Transfer (EFT) or e-payment. Please indicate EFT No. and other relevant details in your bill (s). 10. Consignee : The Depot Officer, Central Stores, Jayant, PO: Jayant, Distt. Singrauli (MP). 11. Paying Authority: The Area Finance Manager, Hqr, Singrauli. 12. Your Banker’s Name & Account No. : State Bank of India, Chandrapur Industrial Estate, Warora, Naka Chowk, Chandrapur Branch (05939) A/c. No. 30690705691, IFS Code SBIN0005939 13. Submission of Bills : A. Following documents should be submitted to the Consignee : i) Consignment Note. ii) Delivery Challan in original.. iii) One copy of the Bill. iv) Guarantee /Warranty Certificate /Inspection report. v) Manufacturers Test certificate/Price Fall Clause certificate. vi) All Other documents/Certificates specified in this order. B. Following documents should be submitted to the Paying Authority : i) 100% bill in triplicate duly pre-receipted and stamped. ii) Excise duty documentary evidence, wherever mentioned. iii)Copy of the Consignment Note/ Guarantee /Warranty Certificate /Copy of the Inspection Note. iv) All Other documents/Certificates specified in this order. 14. Packing : Packing of all the materials shall conform to the requirements of the Carriers. 15. Mode of Despatch : By road transport only on Door Delivery basis at your risk. Safe arrival of material at Consignee‟s end will be the responsibility of the supplier. 16. Lowest Price Certificate: You shall submit a certificate stating that the price charged by you against this Contract is the lowest and is the same as applicable to other Government Departments/ Undertakings/ Other Organizations .You should also certify that the price charged is not higher than the prices charged for same/ similar items to other Customers. 17. Inspection: Materials under supply shall be of the best quality and workmanship and shall be in accordance with the specification laid down in the supply order. Final Inspection shall be carried out by authorized representative of GM (Excv) at Consignee‟s end after receipt of materials The stores found defective or not in accordance with the supply order specification will be rejected and intimated for free replacement within 30(thirty) days from the date of intimation. 18. 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 supply order, 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 the 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 -3- Ref: 63417 /112A1115 dt. 04/09/2014 M/s. Amol Engineering & Castings, Gondia bills against any other supplies pending at NCL and also in any other Subsidiary Company/Coal India Limited. 19. Liquidated Damage Clause : In the event of failure to deliver the stores within the stipulated date/period in accordance with the specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, NCL should have the right:a) To recover from the successful tenderer as agreed liquidated damages a sum not less than 0.5% of the price of any store which the successful tenderer has 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 a ceiling of 10%. Where felt necessary, the limit of 10% can be increased to 15% at the discretion of GM(MM)/NCL. OR b) To purchase from 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 a similar description without cancelling the supply order in respect of consignment not yet due for supply. OR c) 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) To forfeit the security deposit fully or partly. f) 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. 20. Force Majeure Conditions : If the execution of the Contract/supply order is delayed beyond the period stipulated in the contract/supply order, as a result of outbreak of hostilities, declaration of an embargo or blockade or fire, flood, acts of nature or any other contingency beyond the suppliers control due to act of God, then NCL may allow such additional time by extending the delivery period as considered to be justified by the circumstances of the case and its decision will be final. If additional time is granted by NCL, the supply order shall be read and understood as if it had contained from its inception the delivery date as extended. Power failure will not be taken as Force Majeure Conditions. a) The successful bidder will advise, in the event of his having to resort to this clause, by a registered letter, duly certified by the local chamber of commerce, or statutory authorities, the beginning and end of the causes of the delay, within 15 days of the occurrence and cession of such force majeure conditions. In the event of delay last out of force majeure, NCL will reserve the right to cancel the contract, and provisions governing termination of contract as stated in the bid documents will apply. b) For delay arising out of Force majeure, the bidder will not claim the extension in completion date for a period exceeding the period of delay attributable to the causes of force majeure and neither NCL nor the bidder shall be liable to pay extra cost provided it is mutually established that the force majeure conditions did actually exist. -4- Ref: 63417 /112A1115 dt. 04/09/2014 M/s. Amol Engineering & Castings, Gondia 21. Price Fall Clause : The price charged for the stores supplied against this order by you shall in no event exceed the lowest price at which you sell or offer to sell the stores of identical description to any other party during the contractual Delivery period. If the supplier at any time during the contractual Delivery period reduces the sale price, sells or offers to sell such stores to any other person/organization at a price lower than the price chargeable to NCL under the contract, the supplier shall forthwith notify such reduction of sale prices to NCL and the price payable under this contract for the stores supplied after the date of coming in force of such reduction in sale price shall stand correspondingly reduced. 22. Guarantee / Warranty: You shall give guarantee / warranty of satisfactory performance for the supplied materials as under: Item Description (Part No.) Guarantee / Warranty 1. Upper Hoist Chain (Pt. No. 106061566) 4000 working hours from the date of 2. Lower Hoist Chain (Pt. No. 106061567) installation & commissioning. Periodical rebuilding (if required) will be done by Supplier. 3. Dump Pulley Shaft (Pt. No. 106061571 1200 working hours / 12 months from the date of fitment or 18 months from the date of receipt & acceptance of material at consignee‟s end whichever is earlier You shall be responsible for any defects arising from faulty materials, design or workmanship and shall remedy such defects at your own cost when called upon to do so. If it becomes necessary for you to replace or renew any defective portion of the goods, such replacement or renewal should 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 and the supplier‟s representative. (A) At the time of installation / commissioning of the item(s), you will depute your authorized representative for ensuring the commissioning up to its satisfaction and a joint commissioning / installation / fitment report is to be made with S.O (Excv) / Section In-charge of the user project in the following format and the same should be submitted to GM(Excv), NCL HQ. Trial Order Description of Qty. Machine Date of Fitment Remarks No. & Item with Part Sl.No. in and progressive Date No. which fitted W/Hrs of Machine (B) You may depute your authorized representative to the Project for monitoring the performance of your supplied item on regular basis. Monthly Performance Report should be jointly prepared by the firm and Section In-charge of the user project on month to month basis in the following format and it should be submitted by 5th of every month to GM(Excv), NCL (HQ) with signature of Staff Officer (Excv) & CGM / GM of the user project. Trial Description of Qty. Order Item with Part No. & No. Date Machine W/Hrs of the Nature of Remarks Sl.No. in item since failure (if which fitted fitment till any) date. -5- Ref: 63417 /112A1115 dt. 04/09/2014 M/s. Amol Engineering & Castings, Gondia (C) Failure / Defect during the warranty period shall be dealt as, (i) If the item(s) is to be replaced within warranty period, then warranty will start from the date of replacement. (ii) If the item(s) is required to be renewed with some minor modification / repair e.g. change of bushings, bearings, seals, O-rings, fasteners etc. within warranty period, then you may do so at your own cost and in that case, warranty shall continue from the original date of fitment / commissioning. The merit of the cases (i) or (ii) shall be decided by joint inspection committee consisting of representatives of supplier, S.O (Excv) of the Project and representative of GM(Excv), NCL. However, you will be allowed only once for such replacement / renewal / modification. The time schedule for replacement / renewal / modification will be decided by this committee but it should not be more than 30 days. (D) In case the failure within warranty period occurs due to the reasons not under the control of supplier or user as substantiated by the above committee, the payment may be made on prorata basis. But this will be treated as failed item for calculation of percentage of failure. However, you may be allowed to supply new one as per terms and conditions of the trial order. (E) You will be declared proven for ordered item(s) after evaluation of overall performance of the item on completion of warranty period (as mentioned above) and fulfillment of following criteria. (i) If 90% of supplied quantity achieve warranty / guarantee life as mentioned above. (ii) If any particular item consists of number of identical parts, then failure up to 10% of those identical parts may be allowed and it will not be taken for performance evaluation of this item. However, you will have to replace the same free of cost within stipulated period as decided by the aforesaid committee without any extra cost to NCL to make the item usable. N.B.: For calculation purpose, the fractional part will be rounded off to the nearest integer, i.e. 0.0 to 0.4 will be treated as ‘0’ and 0.5 to 0.9 as ‘1’ 23. Fitment Guarantee : You will furnish a fitment guarantee certificate along with each supply that the items supplied by you against this supply order are exact replacement of / fully interchangeable to original parts on one to one basis without any modification and will fit & function properly in the 20/90 Dragline running in Northern Coalfields Limited and conforms to Performance guarantee as per OEM standards. You will replace free of cost the materials in case the supplied items do not fit & function properly in the 20/90 Dragline and warranty period will be counted from this date of warranty replacement. 24. Security Deposit: You are advised to submit Security Deposit within 15 days for Rs.17,617.00 in the form of Bank Draft payable at Morwa Branch, Dist, Singrauli (M.P.) of any Nationalized/Scheduled Bank or in the form of Bank Guarantee executed by any Nationalized / Scheduled Bank in a prescribed Format (i.e. as per Annexure D of NIT) in favour of Northern Coalfields Limited. In case you fail to deposit the Security Money, the order shall be cancelled & the case shall be processed to order elsewhere & your firm‟s performance shall be kept recorded for future dealings with your firm. Security Money will be refunded within 30 days of satisfactory execution of the supply order. -6- Ref: 63417 /112A1115 dt. 04/09/2014 M/s. Amol Engineering & Castings, Gondia 25. Manufacturer's Identification Marks: The word "NCL" along with manufacturer's distinctive identification mark/symbol as also Serial No., Size, type, product designation etc. if any, must be clearly embossed/punched/engraved on each and every item, as far as practicable, at a visible place which is not subject to normal wear and tear. For specific item, where this is not possible, the marking may be done by metal marker or painting also. Apart from this a tag may be attached to each part/item giving identification mark, part no., description, year and month of manufacture, etc. 26. Manufacturer's Test Certificate : Manufacturer's Test Certificate must be submitted along with supplies to the effect that item(s) have been manufactured strictly as per best known design, has undergone strict quality inspection before despatch & are covered under standard warranty for quality & workmanship. You should also certify that the supplied items are of your own make & have been actually manufactured in your works. 27. JURISDICTION OF COURT: All disputes are subject to jurisdiction of “Singrauli court” only. 28. Technical Support & Service: In addition to normal After Sales Services, you will render technical support & services to ensure fitment, proper usage, maintenance & satisfactory performance of supplied spares. You will also ensure quarterly visit of your service personnel for smooth functioning of supplied items. This order will also be governed by the "General Terms & Conditions of supply of Stores" enclosed with our NIT and all the terms & conditions of NIT as well as provisions of CIL Purchase Manual will be applicable unless otherwise specified in this order. You are requested to kindly acknowledge receipt and acceptance of order within 10 (Ten) days from the date of issue of order. In case no reply is received, it will be presumed that the order has been accepted by you without any precondition. Yours faithfully, For & On Behalf of Northern Coalfields Limited (S K Agrawal) Chief Manager (MM) (M.A.Siddiqui) Chief Manager (MM) Copy to : The Dir (T)(P&P) / Dir (T)(Op), NCL The Chief Vigilance Officer, Singrauli. The General Manager (Fin.), NCL, Singrauli The General Manager (Excv.)/ Singrauli The Area Finance Manager, NCL Hqr, Singrauli. Depot Offer, Central Store, Jayant Sr. Manager (Excv.)/SPMC The GM(MM),ECL/BCCL/CCL/MCL/SECL/WCL/NEC This is issued against Indent NO. EX/SGR/224/2012/13 dt.17.12.2012 of Excv. Deptt. NCL, Hqr. & Sanction Order communicated by SPMC vide no. EX/SGR/353/2013/264 Dt. 28.02.2013, Indent Registration No.112A1115 dtd.01.03.2013, Budget certification no. NCL/HQ/BC/2014-7- Ref: 63417 /112A1115 dt. 04/09/2014 M/s. Amol Engineering & Castings, Gondia 15/HEMM Spares/Centralized/14 dt. 25.08.2014 for Rs. 494331.17 & FC No. NCL/HQ/FC/2014-15/HEMM Spares/Centralized/13 dt. 25.08.2014. Purchase proposal has been concurred by CM(F/P) and approved by GM(MM)/HOD. Chief Manager (MM) Singrauli Chief Manager (MM) Singrauli -8-
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