Ref: ECL/PUR/05/ HFDU-68/14

Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
EASTERN COALFIELDS LTD.
( A Subsidiary of Coal India Limited)
Chairman-Cum-Managing Director’s Office,
Materials Management Department,
Sanctoria, P.O. Dishergarh -713 333,
Dist-Burdwan (W.B.), India, E-mail: [email protected]
Phone No. 0341-2523606 & FAX 0341-2522061 / 2520459
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
RATE CONTRACT
Dated: 15.10.2014
To,
Registered with A/D
M/s Hardcastle Petrofer Pvt. Ltd.,
Phone No: 9331080002
10, Kitab Mahal, 2nd Floor,192,
E-mail: [email protected]
Dr. DN Road, Fort, Mumbai-400001
FAX: 22-23684644
(Please quote Rate contract No. & Date in all your correspondence)
Type of Tender
:
Whether Govt. /PSU :
Category of Firm
:
Domestic open tender
Private
NSIC Registered (SSI Unit)
Dear Sirs,
Sub: Rate Contract for supply of DGMS approved Fire Resistant
Hydraulic
Fluid type HFDU – 68
Ref: (1) Our tender No. ECL/PUR/05/E/51413 -RC/HFDU-68/027 opened on
17.06.14 (offline) & 18.06.2014 (online)
(2) Your Offer No. C/HPPL/Q/017/14-15 dated 16.06.2014, online offer
against E-tendering and your subsequent letters ending with letter no.
C/HPPL/Q/091/14-15 dated 21.07.2014
With reference to the above, we are pleased to enter into Rate Contract (RC) with
you for supply of DGMS approved Fire Resistant Hydraulic Fluid type HFDU –68
as per specified rates, the terms and conditions and technical specifications
mentioned in Annexure X as stipulated hereunder:TERMS & CONDITIONS:
1. Scope of Supply:
Sl
Item description
DGMS approved Fire
Resistant Hydraulic
Fluid type HFDU – 68
1
[Material code:
17240212]
Page-1
Price element
Basic price
ED @12.36%
CST@2%
P& f, freight, insurance
& other charger
Landed Price
Unit Price (Rs. / Litre)
133.00
16.44
2.99
0.00
152.43
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
2. Rate Contract: This Rate Contract is for supplies against orders from direct
demanding officer (DDO). Supply orders shall be placed by DDO, as and when
required basis to consignee mentioned in the supply order. Rate of the item shall
remain fixed throughout the currency of contract and quantity will vary as per
individual purchase order issued by the DDO. The RC may be extended for
further period on mutual consent.
3. Direct demanding officers (DDO): GM(MM)(PUR), ECL,CMD's Office,
Sanctoria, PO: Dishergarh , Dist.: Burdwan (WB)
4. OFF TAKE: The estimated off take against RC will be Rs.3,09,61,920.00 for 2
years (1st year-Rs.1,21,38,480.00, 2nd year-Rs.1,88,23,44.00). As such when
order value is reached to limit of annual off take, you will not accept any further
order from any DDO’s during that particular year.
5. VALIDITY: The Rate Contract will remain valid for two years from the date
of its issue.
6. PRICE: The prices are on FOR (door delivery) destination basis and will
remain firm for RC period from the date of issue of the Rate Contract.
7. EXCISE DUTY: Shall be payable at actual on submission of documentary
evidence within the scheduled delivery period. Current rate is 12.36% (including
Educational Cess & Higher Education Cess).
Refund/credit, if any, obtained shall be passed on to ECL which shall be
certified by your auditor. Any increase in Excise Duty within the original
delivery period may be considered on the basis of merit after receipt of request
from you with supporting documents. No increase in Excise Duty beyond the
scheduled delivery period will be admissible. However, in case of decrease in
Excise Duty within and beyond the original delivery period, the same will be
applicable.
8. Sales Tax: Concessional CST shall be payable at the rate of 2% against form C.
Any increase in Concessional CST within the original delivery period may be
considered on the basis of merit after receipt of request from you with
supporting documents. No increase in Concessional CST beyond the scheduled
delivery period will be admissible. However, in case of decrease in
Concessional CST within and beyond the original delivery period, the same will
be applicable.
9. Packing and Forwarding charges: Nil
10. Freight charges, up to destination: Nil
11. Insurance charges, up to destination: Nil. Safe delivery of the consignment to
consignee will be your responsibility at your cost & risk.
12. Security Deposit: Exempted as you are registered with NSIC.
Page-2
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
13. Delivery: Since this is a rate Contract, supplier is requested to maintain
sufficient stock to meet the requirement and it will be obligatory on supplier's
part to supply the materials as early as possible but the delivery should be on
FOR destination (Door Delivery) basis and to commence within 2 weeks from
the date of issue of purchase order and shall be completed within 2 months
thereafter.
NB: No materials shall be dispatched against this Purchase Order after expiry of
the schedule delivery period unless formal extension of delivery period is issued
to you in writing from this office. Delivery of any materials against this order in
violation of this clause shall be at the sole risk of the supplier.
14. Consignee: Dy. General Manager (Stores), Sodepur Central Stores, ECL, PO:
Sunderchak-713360, Dist.: Burdwan, West Bengal. Ph.no-0341-2510576,
[email protected]
15. Paying Authority: General Manager (Finance)-I/C, ECL, CMDs Office,
[email protected].
16. Terms of Payment: 100% payment shall be made within 21 (twenty one) days
of receipt and acceptance of materials by the consignee or submission of bills
together with documents stipulated in the order, whichever is later.
Payment would be made through e-payment, the details for which shall be as under:
HARDCASTLE PETROFER PVT. LTD.
A) Name of the Payee in Block Letters
10, Kitab Mahal (2nd floor), 192,Dr. DN
B) Address
C) Bank A/c No. of Payee
D) Name of the Bank
E) Name of the Branch & Branch Code
Road, fort,Mumbai-400001
550044001944
ING VYSYA BANK LTD
Opera House (Hughes Road) Branch,
Branch code:5500
AABCH5032R
F) PAN CARD No. of Payee
G) INDIAN FINANCIAL SERVICE CODE
VYSA 0005500
(IFS Code)
17. Submission of Bills: You shall have to submit bills (five copies) to the
consignee along with the consignment and challan along with the requisite
document, specified in Order. The consignee shall then send SR Notes, Challan,
Inspection Note and Three copies of bills (including original) and any other
requisite documents to the Paying Authority.
a) The following additional information should be incorporated in your invoice as
per Central Excise Act so that ECL may avail CENVAT Credit under rule
11(2) of Central Excise Rules.
i) Name of the Consignor
ii) Address of the Consignor
iii) Centralized Central Excise Registration No. of Consignor
iv) Address of Corporate Office
v) Central Excise Division
vi) Central Excise Range
vii) Commissionerate
Page-3
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
viii) TIN No. & VAT No.
ix) Name and address of the Consignee
x) Central Excise Registration No. of Consignee
xi) Central Excise Range, Division and Commissionerate of Consignee
xii) Description and classification of goods
xiii) Time and Date of removal
xiv) Mode of Transport and Vehicle Registration No. & RR No.
xv) Rate of Duty
xvi) Quantity and Value of Goods
xvii) Excise Duty, Primary Edu. Cess & S.H. Edu.Cess
xviii)
Invoice should in Triplicate. (Original for buyers, Duplicate for
Transporter and Triplicate for Consignor/Assessee).
b) Information relating to ECL to be incorporated by you in your invoices :
a) Centralized Central Excise Registration No. of ECL: AAACE7590EEM001
b) Address of Corporate Office: Office of CMD, Eastern Coalfields Limited,
Sanctoria-713 333.
c) Central Excise Division: Asansol II, Senraleigh Road, Asansol-713 305
d)Central Excise Range : Kulti, X-10, South Road, Burnpur- 713325
e) Commissionerate: Bolpur (West Bengal).
f) TIN No. & VAT No. : 19741701222 & 19741701028.
g) Centralized Service Tax Registration No. of ECL : AAACE7590EST007
Separate bills (five copies)/Challan should be raised for each consignment.
One copy of the Dispatch documents of the each consignment should invariably be
forwarded to this Office, ECL, HQ. Sanctoria.
Following documents, duly authenticated by you, wherever required, should be
submitted along with Bill(s) –
I. 100% Bill(s) in Quintuplicate duly pre-receipted and stamped.
II. Receipted challan
III. Copy of the Consignment note
IV. Price Certificate
V. Price Fall Clause Certificate
VI. Any other documents specified in the order
18.
Mode of Dispatch: Materials shall be dispatched by Road freight paid.
It shall be your responsibility to arrange for the stores being sufficiently and
properly packed for transport by road so as to their being free from loss or
injury on arrival at destination. The packing of the stores shall be done at
your expense. Way Bill, if required, may be obtained from consignee for
which a request may be sent to them indicating following details –
I.
TIN/VAT No.
II.
CST No.
III.
Full address with pin code
IV.
PAN No.
19. Inspection:
i.
No initial inspection will be made. Final inspection will be made at the
consignee’s end after receipt of the materials and the same shall be final and
binding upon the supplier.
ii.
If any stores are rejected, consignee will have liberty to:Page-4
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
a)
Allow the supplier for satisfactory replacement of the rejected part within a
specified time and supplier will bear the cost of replacement such as freight
etc. and any such replacement will be without being entitled to any extra
payment.
b) Buy elsewhere the quantity of stores similar to those rejected at the risk and
cost of the supplier.
c) Terminate the contract whether in part or whole. Rejected part / quantity
shall have to be removed by the supplier within 15 days of receipt of
intimation of rejection.
20. DGMS Approval: Each and every supply of the material must be accompanied
with notarized copy of valid DGMS approval certificate, failing which the
consignment shall be liable for rejection.
21. Guarantee/Warranty: FRHF type HFDU- 68 supplied should be guaranteed for
a period of 18 months from the date of receipt and acceptance of the same at
consignee's end i.e. shelf life to be 18 months and should be guaranteed for 1500
working hours or 6 months of use whichever is earlier. Any defect in manufacturing
/workmanship/ quality/ observed shall be attended within 07 days from the date of
receipt of report and replace the materials within 30 days, free of cost
22. Special Instructions:
The orders received from direct demanding officers will be complied in the highest
priority basis to the extent possible. You will be responsible for the timely
intimation about the dispatches of the goods if necessary giving following details:
a. Supply order number & date
b. Number of packing note and other details
c. expected date / time of delivery of the consignment of the area stores.
d. quantity/value of the goods being consignment.
23. Performance Bank Guarantee: Not applicable
24. Manufacturer’s Guarantee and Test Certificate: Manufacturer’s Guarantee
and Test Certificate should be furnished by you along with the supply.
25. Price Certificate: You will have to certify on the bill that the prices charged are
not higher than that applicable to all your customers including Coal Company
and other Indian Govt. Deptt./Organization/DGS&D/CIL and its Subsidiaries
etc.
26. Price Fall Clause: (A) The prices charged for the stores to be supplied under
the purchase order by the supplier shall in no event exceed the lowest price at
which supplier sells the stores or offers to sell the stores of identical description
to any customer during the tenure of the supply order.
(B) If any time during the said period, the supplier reduces the sale price, sells
or offers to sell such stores to any other customer at a price lower than the
ordered price, they shall forthwith notify such reduction of sale or offer to sell to
us to enable us to amend the rates of the order.
Page-5
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
27. Liquidated Damages
In the event of failure to delivery or dispatch the stores within 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, we have the right:
a) To recover from you, as agreed, liquidated damages, a sum not less than
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%. Where felt
necessary the limit of 10% can be increased to 15%.
b) To purchase elsewhere, after due notice to you, on your account and risk
the stores not supplied or other of a similar description without canceling the
supply order in respect of the 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 your risk and cost and also
d) To extend the period or 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 full or in part.
f) Whenever under this contract a sum of money is recoverable from and
payable by you, Coal India Limited and its subsidiary companies 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 you
in this or any other contract. Should this sum be not sufficient to cover the
full amount recoverable, you shall pay Coal India Limited and its subsidiary
companies on demand the remaining balance. You shall not be entitled to
get any gain on any such purchase.
28. Force Majeure: If the execution of the supply order is delayed beyond the
stipulated in this 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
your control due to the act of God then Eastern Coalfields Limited may allow such
additional time by extending the Delivery period, as it considers to be justified by
the circumstance of the case and our decision shall be final. If and when additional
time is granted by ECL the supply order shall be read and understood as if it had
contained from its inception the delivery date as extended.
29. Identification Mark: Manufacturer’s distinctive identification mark and
manufacturing year should be embossed/punched/or otherwise legibly indicated on
the visible non-wearable place of the items except Nuts & Bolts because of lack of
space for punching/embossing on these items. Only tag is to be attached in each of
the above items i.e. nut & bolts indicating therein part number, description, year and
month of manufacture.
30. Monthly statement of delivery : You are requested to submit in triplicate
statement by 6th of every month to the undersigned showing the supply position of
Page-6
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
the stores against the Purchase order indicating the positing of last date of the
previous month as per Performa given below :Purchase order No. & date.
Consignee:
Quantity
required.
Quantity
Supplied.
Balance
Remarks
31. Parallel rate contract: ECL reserves the right to conclude the parallel rate
contract with other firms and also reserves the right to purchase any quantity during
this RC in case of urgent demand arising at any during the period of the Rate
Contract . ECL does not guarantee for the quantity to be purchased during the
currency of this rate contract.
32. Supply Instruction:
• Supply Orders shall be placed by DDO's and when require basis to consignee
mentioned in the supply order. Rate of the item shall remain fixed throughout
the currency of contract and quantity will vary as per individual purchase order
issued by the DDO’S. The RC may be extended for further period on mutual
consent.
• Stock: In order to meet urgent demands as well as for timely supply of material
against this RC at any time during its currency, you will be required to maintain
a sufficient stock of the items covered in the scope of supply. It should be noted
the purchaser will not be responsible to take over any quantity left over with the
contractor after termination of the contract.
• Supply should be made in 20 Ltrs packing non returnable container.
33. The terms and conditions of NIT and for tender document provided to you will
also be the integral part of this Rate Contract.
34. Any terms and conditions not specifically mentioned in any of the enclosures of
the RC/order shall be governed by the “General Terms & Conditions of Supply of
Stores” as mentioned in Enclosure 6 of our Tender documents. Further, any terms
and conditions not specifically mentioned anywhere in the “General Terms &
Conditions of Supply of Stores”, shall be governed by the provisions of the
Purchase Manual which is available in the web-site of Coal India Limited namely –
www.coalindia.in.
35. ECL reserves the right to withdraw/short close the Rate contract during the tenure
of RC.
36. The supply against this Rate Contract will also be governed by general terms and
conditions lay down by the Eastern Coalfields Ltd. from time to time.
37. In case any other subsidiary of CIL concludes RC with you during the currency of
this RC at lower price the same will also be applicable to ECL. It will be your
responsibility to intimate ECL in the event of conclusion of RC on lower price on
subject.
Page-7
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
38. Integrity Pact: The Integrity Pact signed and submitted by you along with your
offer against the tender remains valid and applicable against this contract. The
names of External Independent Monitors for this contract are:
Sl. No Name
Address
1
Shri J. N. Mishra,IAS,(Retd)
2/77, Vijay Kand, Gomati Nagar,
Lucknow-226010.
2
Shri Rakesh Jaruhar
Sector-B/9, Flat no.6547, Vasant kunj,
New Delhi-110070
A copy of Integrity Pact duly signed by you is enclosed (Annexure-D)
39. After Sales Service:
• You have to provide after Sales & Service as and when required by ECL.
40. Jurisdiction: Any dispute arising out of this contract shall come under the sole
jurisdiction of Court at Asansol, West Bengal.
This Rate Contract shall be sole repository of ECL and will be governed by
enclosed General Terms and conditions of supply of Stores of ECL.
Enclosure:
Annexure- X (Technical specifications)
Annexure –D (Signed copy of Integrity Pact)
Yours faithfully,
For and on behalf of ECL
Asst. Manager (Pur)
Chief Manager (PUR)
Copy to:
1. CVO/GM (E&M)/GM (MM)(Stores)/GM(Fin.)IC, ECL(HQ).
2. Progress Cell, ECL (HQ) – This is covered against IC No. 51413-RC dated
28.04.2014.
3. SM (Bills) ECL (HQ). email: [email protected]
4. Dy. General Manager (Stores), Sodepur Central Stores, ECL, PO:
Sunderchak-713360, Dist.: Burdwan, West Bengal
5. Copy to: Agent - All areas of ECL
6. GM (MM) –CIL/WCL/CCL/BCCL/SECL/NCL/MCL/NEC.
7. Asstt. Commissioner, Commercial Taxes, Central Section, 14, Beliaghata
8. Copy to: Independent External Monitor:
Sl.
Name
Address
1
Shri J. N. Mishra,IAS,(Retd) 2/77, Vijay Kand, Gomati Nagar, Lucknow226010.
2
Shri Rakesh Jaruhar
Sector-B/9, Flat no.6547, Vasant kunj,
New Delhi-110070
Asst. Manager (Pur)
Page-8
Chief Manager (Pur)
ECL
Ref: ECL/PUR/05/ HFDU-68/14-16/RC/
M/s Hardcastle Petrofer Pvt. Ltd.
Dated: 15.10.2014
Annexure – X
TECH SPECIFICATION OF FRHF, HFDU-68 OIL
SL
DESCRIPTION
1
DGMS approved FRH fluid named as HISAFE DU 68 UG
2
Supply should be made in 20 Litres packing non-returnable container.
3 (a)
(b)
You should have valid DGMS approval of the product on the date of supply and an
authenticated copy of said approval is to be enclosed each and every supply.
6(a)
You should to indicate validity period clearly.
FRHF, HFDU-68, supplied should having Fire Resistant property as per -IS: 7895-1975
and amendment till date.
You should to enclose one copy of test certificate issued by any recognised/Govt. test
house as per IS:7895-1975 – i.e. Test certificate of Shriram Inistitute& IIP,m dehradun
A copy of manufacturer's typical test certificate giving different parameters of the FRHF
HFDU - 68 offered to be enclosed with the each and every supply, as information.
6(b)
i)
ii)
The test certificate must have the following information’s:Type- DGMS approved FRHF-HFDU-68
Appearance- Amber colour
iii)
Flash point, as per IS:1448 (P,09)-310 degree C
iv)
Pour point as per IS: 1448 (P-10)- (-36 ) degree C
v)
Kinematic Viscosity at 40 º C (CST) as per IS:1448 (P-25)- 70.38
vi)
Kinematic Viscosity at 100 º C (CST) as per IS:1448 (P-25)- 12.82
vii)
Foaming characteristic as per IS: 1448 (P-67)- passes
viii)
Rust prevention capacity as per IS:1448 (P-96)- passes
ix)
Acid value (Mgm KOH/gm)- 1.12
x)
Fluid density as per IS: 1448 (P-16)- 0.9026
xi)
Water Content as per IS: 2362 (in %) – 0.039
xii)
Fire resistance characteristics as per IS: 7895-passes
4
5
Asst. Manager (Pur)
Page-9
Chief Manager (Pur)
ECL