Po 464
Po 464
ु खंड)
ूेषक
सेवा म
दनांक 17.04.2007
वषय:- Procurement of H.S. Lubrication System for Dehar Hydro Power Plant Units.
12.10.2006
7) This office Letter of Intent issued through fax dated 9.3.2007 &
Dear Sirs,
directed to place upon you a detailed purchase order for supply of 2 Nos.
Complete HS Lubrication System along with the spares for Dehar Power
House, Slapper as per details and terms & conditions mentioned below:-
2.5
Pressure switch (item No.6)
1 No. /set.
iii) The prices quoted by BHEL are after taking into account the MODVAT
benefits subject to all other statutory obligations.
2. Terms of Payment
a) 10% of the total value of the order to be paid as interest free advance
along with purchase order.
b) Balance 90% with full taxes and duties is to be paid with provision for
part payment against part dispatches through bank against dispatch
documents.
c) Bank charges at the destination end are to be borne by BBMB.
3. Delivery
Delivery for the items as per scope of supply would be 10 months. The
delivery period shall be reckoned from the date of receipt of technically &
commercially clear purchase order or advance payment whichever is later and is
subject to Force Majeure.
2. Force Majeure
The supplier shall not be liable for any liquidated damages due to the delay
in manufacture or delivery of material resulting from any cause beyond the
company’s reasonable control including but not limited to compliance with
regulations, orders or instructions of Central/State or Municipal Govt. or Agency
thereto, acts of God, war, rebellion, riots, civil commotion or disturbances, lock out,
strike, power cuts over and above the cuts at present in force, acts of Civil and
Military authorities, fires, floods, & freight embargoes. The supplier will seek
extension of delivery period within three weeks of occurrence of such an event and
clearly state anticipated delay in supply on account of such an event/events. On
receipt of such a request from the supplier, extension in the delivery period may be
granted for the period for which the completion of work is proved by the supplier to
have been delayed for circumstances covered by reasons of force majeure subject
to further condition that if the delivery period is likely to be extended by sixty days
on account of any event, the purchaser shall have the option to accept any portion
of the balance material and cancel the order for the rest provided, however, that if
any material had been manufactured exclusively for the purchaser under the
contract prior to the commencement of force majeure circumstances, it shall be
accepted by the purchaser and the cancellation will be without any liability for
damage on the part of the supplier and without any payment of compensation by the
purchaser.
3. Warranty
11. Excise Duty & Central Sales Tax/State Sales Tax And
OtherDuties/Taxes
A) Central Sales Tax/State Tax
The central sales tax/Punjab/Haryana/Himachal Pradesh Sales Tax will be paid
extra at concessional rate against form ‘C’ as applicable at the time of
despatch. The supplier shall furnish original vouchers and
or/following certificates duly recorded on the invoices and signed by
the supplier:-
i) Certified that the transaction, on which Sales Tax has been claimed, has
been/shall be included in the return submitted/to be submitted to the Sales
Tax Authorities for the assessment of the Sales Tax and the amount claimed
from the purchaser has been/shall be paid to Sales Tax Authorities.
ii) Certified that the goods on which Sales Tax has been charged have not been
exempted under the Central Sales Tax Act or the rules made thereunder and
the charges on account of Sales tax on these goods are correct under the
provisions of the relevant act or rules made thereunder.
iii) Certified that we shall indemnify the purchaser in case it is found at a later
stage that wrong or incorrect payment has been recovered on account of the
sales tax paid by us.
iv) Certified that we are registered as a dealer under the Central Sales Tax in
the State of _________and our Registration No.is ____________for the
purpose of sales tax.
As per the latest rules of Sales Tax, Form ’C’ has to be made available
during the quarter of billing irrespective of the fact whether the
payment has been made or not.
B) Excise duty
The payment of the Statutory excise duty if due, will be made extra at the
rates as applicable at the time of despatch and subject to furnishing of
documentary proof of payment having been made by the supplier to the
Excise Department.
Since BHEL is paying excise duty under various tariffs under the excise duty
act, under self-removal scheme and is paying lump sum Excise Duty
periodically based on wagon loading advices for the period, therefore, BHEL
will be submitting only the self authenticated excise invoice as per the latest
central excise rule Nos. CER-53A and 173C and the Purchaser is to
reimburse the ED based on the excise invoice. Separate Excise Duty Gate
Pass shall not be furnished by M/s BHEL.
C) Octroi,other duties and taxes
Octroi and other duties /taxes, if leviable on the finished goods at the station
of despatch at the time of supply shall be paid at actuals subject to
production of original payment documents, if the same have not been
included in the quoted prices. To avoid any complication, with regard to
octroi at the destination station, the material shall be despatched in the name
of consignee and not to self. However, Octroi charges as applicable at the
destination station shall be borne by the purchaser.
12. Despatch Instructions
The material shall be despatched and consigned to the Sub-Divisional Officer,
Stores & Transport Sub-Division, BBMB(PW), Slapper, Distt. Mandi (HP) -174402
under intimation to following offices :-
i) The Dy. Chief Engineer, Dehar Power House ,BBMB, Slapper Distt.
Mandi (HP) -174402
ii) Director /P&D(PP)Dte., BBMB (PW) Plot No.6-B, Sector-19B,Madhya
Marg,Chandigarh-160019.
iii) Resident Engineer, DPH, BBMB, Slapper Distt. Mandi (HP) -174402
iv) Sr. Accounts Officer , BBMB, Slapper Distt. Mandi (HP) -174402
No material shall be despatched without prior intimation to the purchaser
failing which it shall be at the entire risk & cost of the supplier. The contractor shall
notify the purchaser as well as the insurance company, of all despatches giving all
pertinent data required ( Refer para No. 14 ) for tracing of the despatch enroute to
destination.
The material shall be despatched at the correct address of the consignee, if
any consignment and /or its relevant documents i.e. invoices, GR/LR etc. gets delayed
due to incorrect address or destination mentioned by the supplier, the additional
expenses involved including demurrage, wharfage charges and delay in delivery shall
be to the supplier’s account.
13. Method of Raising Invoices
i) Invoices for balance payment, shall be prepared in pentriplicate out of
which original copy (duly stamped and pre-receipted) and one spare
copy along with despatch documents shall be sent to the Sr.
Accounts Officer, BBMB, Slapper, District Mandi (H.P.)-174402, one
copy of the same shall be sent to the consignee, one copy to Dy.
Chief Engineer, Dehar Power House Circle, BBMB, Slapper, District
Mandi (H.P.)-174402 and one copy to this office. The supplier shall
give at least 15 days notice before despatch to the Sr. Accounts
Officer and the consignee so that necessary arrangements for the
funds and unloading of the material are made by them respectively.
ii) Payment shall be made by the paying Authority viz Sr. Accounts Officer,
BBMB, Slapper, District Mandi (H.P.)174402 on presentation of the
following documents:-
a) Copy of the invoice.
b) Certificate for central sales tax & excise duty.
iii) Bank
State Bank of India,
BBMB Colony,
Slapper, Distt. Mandi, (H.P.)-174402
14. Transportation, Insurance & Handling of Material
The supplier shall be responsible for transportation and handling of material
upto the destination station as per despatch instructions. The material shall be
despatched by Road on “Freight to pay” basis.
The material would be despatched through reliable road carriers, duly
insured under Open Transit Insurance Policy No.2001/0006207/01 undertaken
by BBMB with M/s ICICI Lombard General Insurance Company Limited, SCO
No. 24-25, Sector 8-C, Chandigarh-160009 (Fax No. 0172-3983207).
Following information shall, however, be supplied by the supplier to
the underwriter, under registered cover before despatch of material with copies
to Dy. Chief Engineer, Dehar Power House Circle, BBMB, Slapper, District
Mandi (H.P.)-174402, consignee and this office.
ii) The amount for which the equipment is required to be covered
for transit insurance.
iii) Name and station of the sending party
iv) Name and station of the receiving party
v) The details of the contents of the consignments.
vi) Purchase Order No. and date
vi) The mode of transportation.
vii) Copy of G.R. No. and date.
ii) The expected date of arrival of the equipment at the consigned
station.
No material shall be despatched without insurance, failing which it shall be at the
entire cost and risk of the supplier. Case involving loss in transit, wharfage and
demurrage shall be taken expeditiously by the consignee i.e. Sub-Divisional Officer,
Stores Sub-Division, BBMB (PW), Slapper, Distt. Mandi, (H.P.)-174402 with the firm/
road transport and insurance company.
15. Arbitration
If at any time any question, dispute or difference whatsoever, shall arise
between the purchaser and the supplier, upon or in relation to or in connection with
the contract, provisions of the Arbitration and Conciliation Act, 1996 shall be
applicable.
The work under the contract shall be if reasonably possible continued during
the arbitration proceedings and no payment due or payable by the purchaser shall
be withheld on account of such proceedings.
16. Cancellation of Purchase Order
The purchaser shall have the right to amend or cancel the order at any time
before the receipt of intimation regarding manufacturing of material, if he is satisfied
that the delay in execution of the order by the supplier is willful and detrimental to
the interest of the purchaser. In case where after the commencement of
manufacture, there is a willful delay on the part of the supplier to the
manufacture/despatch of the material, the purchaser may cancel the order for
whole/unexecuted portion after giving a notice of 15 days to the supplier.
17. Jurisdiction of Court
In case of any dispute between the parties, the Courts at Chandigarh only
shall have the jurisdiction to settle/decide and adjudicate upon such matters. Before
approaching the court of law, any dispute or difference arising in connection with the
contract shall be referred by either party for arbitration in accordance with Clause-15
above.
18. Material and Workmanship
All material used in the manufacture of equipment shall be of the best quality
obtainable of their respective kinds and the whole of the work shall be of the highest
class, well finished and of approved design & make.
Casting shall be free from blow holes, flaws, cracks or other defects and
shall be smooth, close grained and true forms and dimensions.
19. Suitability /Interchangeability Certificates