RATE CONTRACT Ref.No.:63436991/312A1093/Misc. Group (B) Medicines/RC/ To M/S IPCA LABORATORIES LIMITED, 48, KANDIVALI INDUSTRIAL ESTATE, KANDIVALI (WEST), MUMBAI – 400067 (MAHARASTRA) FAX NO.: 022-2868 6613. BY REGD.POST Date: 25.06.2014 Sub:- Rate Contract for supply of Misc. Group (B) Medicines to Nehru Shatabdi Chikitsalaya (NSC), Jayant. Ref:- (i) Our E-Tender Enquiry No. NCL/SGR/MMD/RC/Group-B/312A1093/109 dated 09. 03.2013, Offline documents opened on 02.05.2013, Online Bid Opened on 03.05.2013 & Price Bid Opened on 15.01.2014, for conclusion of 02 years Rate Contract for supply of Misc. Group (B) Medicines. (ii) Our Letter No. 312A1093/Misc. Group of Medicines/1511 dated 27.08. 2013 & subsequent correspondences including Letter No. 312A1093/ Misc. Group of Medicines/7142 dated 22/24.02.2014. (iii) Your Offer No. NIL dated 25.04.2013 & subsequent correspondences including Letter No. NIL dated 16.06.2014. Dear Sir, With reference to above, we are pleased to enter in to Rate Contract with you for 02 years from the date of its issue for supply of Misc. Group (B) Medicines, at the Prices/Terms & Conditions stipulated hereunder:SCOPE OF SUPPLY: NIT Sl. No. Material Code Description of Item Packing Unit (UOM) Basic Price/ Packing Unit (Rs.) 38 Nil Strip of 10 tablets. 3.50/ Tab 78 Nil OLMESARTAN 40 MG TAB (Olmeglare 40 tablets, each film quoted tablet contains: Olmesartan Medoxomil Ph Eur. 40 mg). DEFLAZACORT 30 MG TAB (DFZ 30 Tablet) Strip of 10 tablets. 13.00/ Tab 126 12801420001 12801430006 Strip of 10 tablets. Strip of 10 tablets. 2.00/ Tab 127 GLICLAZIDE MR 30 mg TAB (Glycinorm OD 30 Tablets). GLICLAZIDE MR 60 MG TAB (Glycinorm OD 60 Tablets). 2.50/ Tab 177 13200200006 QUININE SULPHATE 600MG TAB (Cinkona 600 Tablets) 179 13200700001 180 13201500005 Strip of 10 Tablets 6.00/ Tab MEFLOQUINE 250MG TAB (Larimef Tablets). Strip of 6Tablets 25.83/ Tab PRIMAQUINE 15 MG TAB (Malirid DS Tablets). Strip of 7Tablets 2.14/ Tab Manufactured/Marketed by M/S IPCA LABORATORIES LIMITED. 01. RATE CONTRACT: This is a Rate Contract whereby the prices are FIRM and Fixed. But the quantities to be procured during the currency of the Rate contract is not fixed and the same will be procured by Direct Demanding Officer(s) based on the actual requirement from time to time. Rate Contract is a contract for supply of stores at specified rates during the period covered by the contract. No quantities are normally mentioned in the contract and the supplier is bound to accept any order, which may be placed on him during the pendency of the contract at the rate specified therein. Any existing valid Rate Contract at higher rate for the item(s) covered in this Rate Contract should be treated as short closed. Any existing valid Rate Contract at lower rate for the item(s) covered in this Rate Contract should remain valid till its date of expiry and after that this Rate Contract will come into effect. The hike in the off-take limit of Rate Contract will be limited to 20% for ensuring availability of fast moving medicines. 02. VALIDITY OF RATE CONTRACT:This Rate Contract shall remain valid for a period of Two years from the date of issue. However, NCL reserves the right to short close the R/C or conclude parallel rate contract(s) with other firms including PSUs. 03. Basis of Price:- FOR Destination & Firm till execution of Contract. 04. Packing & Forwarding Charges:- NIL. 05. Excise Duty:- Excise Duty NIL . 06. Sales Tax/VAT:- CST Extra as applicable, present rate is @ 5% (without Form C). 07. Freight & Insurance Charges:- NIL. Safe arrival of materials at destination will be your responsibility. 08. Placement of Supply Order:- Supply order will be placed on- M/s IPCA Laboratories Limited, Mumbai for execution of supply. 09. Execution of supply & raising of bill for payment:- Directly by you. You will stand guarantee for genuineness of the materials supplied by you. In case of any discrepancies with regards to supply of Medicines/Medical items, price, quality of Medicines/medical items, claim of payment thereof, you will be fully responsible. Contd.P-3 -: 3 :M/s IPCA Laboratories Limited, Mumbai. Ref.No.:63436 991/312A1093/Misc. Group (B) Medicines/RC/ Date: 25.06.2014 10. Banker's Name, Address & Account No. of M/s IPCA Laboratories Limited, Mumbai:- Canara Bank, CSB, Mumbai. Bank Account No.: 2630261000040. 11. Delivery Period:- Within 60 days from the date of receipt of Supply Order by you from Direct Demanding Officers. The date of receipt of Medical Items/ Medicines at consignee's stores shall be taken as the final date of delivery. 12. PACKING:-Consignment should be securely packed & marked as per standard practices/BIS Norms to withstand the rigorous of transport to prevent any loss/damage or pilferage in transit and ensure safe arrival at destination. 13. MODE OF DESPATCH:-The stores will be despatched by Road Transport on freight paid basis for delivery on FOR Destination to the Consignee duly insured/properly packed. In case of small consignment, it may be sent by Post Parcel. 14. SECURITY DEPOSIT:-Exempted, being direct supply by the manufacturer. 15. TERMS OF PAYMENT:-100% payment will be arranged by the Paying Authority within 21 days of receipt and acceptance of materials at site by the consignee or submission of bills whichever is later. 16. CONSIGNEE:-The Chief Medical Officer (Stores), Northern Coalfields Limited, Nehru Shatabdi Chikitsalaya, Jayant, P.O.: Jayant Colliery, Distt. Singrauli (M.P.): 486 890. 17. DIRECT DEMANDING OFFICER:-The Chief of Medical Services or his authorized representative, Nehru Shatabdi Chikitsalaya, Jayant, Northern Coalfields Limited, P.O. : Jayant Colliery, Distt. Singrauli (M.P.): 486 890. 18. PAYING AUTHORITY:- The Area Finance Manager, Nehru Shatabdi Chikitsalaya, Jayant, Northern Coalfields Limited, P.O.: Jayant Colliery, Distt. Singrauli (M.P.): 486 890. 19. SUBMISSION OF BILLS:-100% bill with taxes & duties stamped and pre- receipted shall be submitted in triplicate to the Paying Authority with the following documents:i) Consignment Note/RRs. ii) Receipted Challan. iii) Warranty/Guarantee Certificate. iv) Inspection report, wherever required. v) Following Price Certificate should be endorsed on each and every bill that "Prices charged by us in the bill are the lowest and is the same as applicable to other Government Deptt./PSUs including subsidiaries of CIL and other organizations . vi) vii) A statement duly signed & stamped indicating Batch No., Manufacturing Date & Expiry date against each item relating to the supply. Any other document required as per order duly authenticated. Note:- One set of above documents should be submitted to the consignee. Contd.P-4 -: 4 :M/s IPCA Laboratories Limited, Mumbai. Ref.No.:63436 991/312A1093/Misc. Group (B) Medicines/RC/ Date: 25.06.2014 20. POTENCY OF MEDICINES/GUARANTEE/WARRANTY & SHELF LIFE: (i) The supplier shall be fully responsible for the manufacturers warranty in respect of quality of the material (Medical items/Medicines). (ii) The supplier will replace defective materials free of cost within 30 days of intimation. (iii) The warranty/guarantee/Shelf Life certificate should be submitted to the consignee along with the supplies. (iv) Medicines to be supplied must have at least 75% of their shelf life (as indicated on Packing / Label) or one year, which ever is less, on the date of supply of materials at consignee's end. The supplier shall be responsible for any defect that may, under the condition provided for by the contract and under proper use, arise due to faulty materials, design or workmanship and shall remedy such defect at his own cost. If it becomes so necessary for the supplier to replace defective material, such replacement shall be made by the supplier 100% free of cost without any extra cost to Northern Coalfields Limited. The new items should be supplied on FOR destination basis free of cost. Foreign supplier will bear all costs connected to replacement of items from & up to ultimate Consignee in case any replacement is required on receipt of items and within warranty period. Warranty replacement should be completed within a reasonable period maximum within one month from the date of claim for the items on free of cost up to ultimate Consignee’s end. 21. Make:-The Medicines/Medical Items are manufactured/marketed by you. You are responsible for quality & quantity as specified on the label of Medicines/Medical Items as well as you will stand guarantee for observing all the rules and regulations as laid down in the Drug and Cosmetic Act. You should quote your Sales Tax Registration Nos. on the Bills. 22. MARKING:- The Batch No., Manufacturing Date & Expiry Date with Mark/Symbol/ Identification Mark of the manufacturer(s) should be clearly printed on Strips/Blisters/ Ampoules/Vials/Bottles/Tubes/Packets of each items, as far as practicable, at a visible place, which is not subject to normal wear and tear for convenience of identification at any time. 23. DEMAND ORDER: a) The DDO is permitted to place Supply Orders against this Rate Contract with understanding that the expenditure involved has received the sanction of the competent authority duly concurred in by the associated Finance, and funds are available under the appropriate head of Accounts in the year in which the cost will be adjusted. b) The Supply Orders are to be placed by the DDO on the Distributors/Sales Depot of the firm where stipulated in the Rate Contract. A copy of the order will be sent to the Principal (Manufacturers). c) The Order quantity would be distributed in equal proportion among the Rate Contract Holders for the item(s) covered in more than one Rate Contract. Contd.P-5 -: 5 :M/s IPCA Laboratories Limited, Mumbai. Ref.No.:63436 991/312A1093/Misc. Group (B) Medicines/RC/ Date: 25.06.2014 d) The Supply Order must be placed either for the packing unit as indicated in the Rate Contract or in multiplies of the same e.g. if the packing unit is 100 Nos., Supply Order must be placed for a minimum of 100 Nos., or for 200 Nos., 300 Nos. & so on. 24. FALL CLAUSE: The prices charged for the stores supplied under the Rate Contract by you shall in no event exceed the lowest prices at which you sell or offer to sell the stores of identical description to any other party during the said period. If the supplier at any time during the period of contract reduces the sale price, sells or offers to sell such stores to any other organization at a price lower than the prices chargeable under this contract, he shall forthwith notify such reduction of sale to NCL and the price payable under the Contract for stores supplied after the date of coming in force of such reduction in sale price shall stand correspondingly reduced. 25. EXTENSION OF DELIVERY DATE: The Extension of Delivery date, if required against the Supply Order is to be allowed by the DDO. Based on the Merits of the case and on written application. 26. LIQUIDATED DAMAGES CLAUSE: In the event of failure to deliver or despatch the stores with in the stipulated date/period in accordance with the samples and / or specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, Northern Coalfields Limited shall have the right:a) To recover from the successful tenderer as agreed liquidated damages, a sum of 0.5% (half percent) of the price of any stores 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 10% (Ten percent) or b) To purchase elsewhere, after due notice to the successful tenderer on this account and at the risk of the defaulting supplier the stores not supplied or other of a similar description without canceling the supply order in respect of the consignments not yet due for supply or, c) To cancel the Supply Order or portion thereof and if so desired to purchase stores at the risk and cost of the defaulting supplies, and also d) 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 agreed the liquidated damages referred to in Clause (a) above. e) To forfeit the Security deposit full or in parts. f) Whenever under this contract any sum of money is recoverable from and payable by the supplier, Northern Coalfields Limited, 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 Northern Coalfields Limited on demand the remaining balance. The supplier shall not be entitled to any gain on by such purchase. Contd.P-6 -: 6 :M/s IPCA Laboratories Limited, Mumbai. Ref.No.:63436 991/312A1093/Misc. Group (B) Medicines/RC/ Date: 25.06.2014 27. DELIVERY/STOCK: The stores will be delivered on "As and when required basis" and adequate stocks of item will be maintained by you to ensure timely supply against orders to be placed by the Consignee. 28. INSPECTION: The stores supplied will be inspected by the Consignee or his representative after receipt of the stores at our Hospital. The inspecting officer will have the right to reject any stores, which are not in accordance with the specification or damaged in transit. It will be responsibility of the supplier to collect the rejected stores and make replacement within 30 days. 29. RISK PURCHASE: In the event of failure of supplier to deliver or dispatch the stores within the stipulated date/period of the 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 the supplier as detailed above, the cost as per risk purchase exercise may be recovered from the bills against any other supplies pending at NCL and also in any other Subsidiary Company/Coal India Limited. 30. FORCE MAJEURE CLAUSE: 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 any embargo or blockage or fire, flood, acts of nature or any other contingency beyond the supplier's control due to act of God, then the Northern Coalfields Limited may allow such additional time by extending the delivery period as he considers to be justified by the circumstances of the case and his decision in this regard shall be final. If and when additional time is granted by the purchaser, the contract/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 considered as a 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 any extension in completion date for a period exceeding the period of delay attributable to the causes of force majeure and neither NCL nor the supplier shall be liable to pay extra cost provided it is mutually established that the force majeure conditions did actually exist. Contd.P-7 -: 7 :M/s IPCA Laboratories Limited, Mumbai. Ref.No.:63436 991/312A1093/Misc. Group (B) Medicines/RC/ 31. Date: 25.06.2014 a) The order received from the Direct Demanding Officer will be complied with the highest priority. To the extent possible, the order will be complied from stocks hold in your Stock/Depot. You will be responsible for the timely intimation about the despatch of the materials to the Consignee giving details of the consignment Note No. and date and indication of the type of goods sent. Simultaneously, with the despatch of the above information, you should see that the consignment notes are despatched by you to the Consignees by Registered Post failing which, the responsibility for the payment of demurrage etc. will be on the Consignor and not on the Consignee. b) The Consignee would obtain necessary certificate from the transporter, if they observe any discrepancy at the time of receiving the consignment and claim lodged with carrier or Insurance Company. c) In case the transporter do not entertain our claims on the ground of defective packing/ loading etc., all such losses would be to supplier account and to be recovered. d) If the material supplied are not in accordance with the order that will be replaced free of cost by the Supplier. 32. INTEGRITY PACT:- The Integrity Pact signed & submitted by you along with offer shall remain valid & applicable against this contract. 33. The General Manager (MM) and the Chief of Medical Services, NSC, NCL should be kept informed of the despatches made by you from time to time for the supply orders placed by the Direct Demanding Officers against this Rate Contract. The price agreement is the sole repository of Northern Coalfields Limited and shall be governed by the terms and conditions above. The price agreement is concluded with the above acceptance- we enclose herewith two copies of the Contract, one of which should be returned to us within 15 days duly stamped and signed by you as a token of acceptance of this contract. Other Terms & Conditions:- As per General Terms and Conditions of Supply of Stores in NCL Please acknowledge the receipt of this Rate Contract within 15 days from the date of issue otherwise it will be presumed that you have accepted it for execution. Yours faithfully, (M.M. Sarewar) Chief Manager (MM) (P.K. Sinha) General Manager (MM/Pur.) Copy to:The Chief of Medical Services, NCL/CMS (I/C), N.S.C. Jayant. The Chief of Medical Services (In-charge), Central Hospital, Singrauli. Contd.P-8 -: 8 :M/s IPCA Laboratories Limited, Mumbai. Ref.No.:63436 991/312A1093/Misc. Group (B) Medicines/RC/ Date: 25.06.2014 The General Manager (Fin.)/In-charge, NCL, HQ, Singrauli. The CMS (Stores)/AFM, NSC, Jayant:(i) The indicative Off-take Value of Rs.4,87,379.00 (Rupees Four Lakh Eighty Seven Thousand Three Hundred Seventy Nine only) for 02 (Two) years Rate Contract. This is a Rate Contract whereby the prices are FIRM and FIXED. But the quantities to be procured during the currency of the Rate Contract is not fixed and the same will be procured by Direct Demanding Officer(s) based on the actual requirement from time to time with competent approval. (ii) One copy of each supply orders placed against the Rate Contract should be sent to this office. The Chief Vigilance Officer, NCL, Singrauli. The GM (MM), SECL/BCCL/CCL/WCL/MCL/ECL/CMPDIL. The Progress Cell, NCL, Singrauli. This Rate Contract is issued against AMI 2012-13 for Medicines, with the approval of CMD, NCL. Chief Manager (MM) Singrauli SKS General Manager (MM/Pur.) Singrauli
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