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
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