- BBMB
Contents
1. 8 Works Section 0 0 9 0 9 0 ARO ll 2 for hosting on BBMB website SRO SM rb Si 20 2022. PO No 595 PHD P amp C I65 Dated 78 2 202 6 9 Bhakra Beas Nation s Pride 6009 AO 072 504657 E mail dirpd bbmb nic in To REGD A D M s PCI Ltd PRIME TOWER 287 288 Udyog Vihar Phase II Gurgaon Haryana I220 5 Fax No 0 24 487698 487 699 Memo no PHD P amp C I65 Dated 2 202 Subject Supply Delivery Testing amp Demonstration of No Microprocessor based Break Down Voltage test set with test vessel electrodes and standard accessories for Dehar Power Houses of BBMB against N LT No 329 PHD P amp C I65 dated I7 9 20I2 against Tender Specification No BBMB PHD P amp C 243 Dear Sirs Please refer to your offer submitted online on e portal of BBMB against NIT no 329 PHD P amp C I65 dated I7 9 20 2 and subsequent upto date correspondence e mails on the subject cited above A detailed Purchase Order is hereby placed upon for Supply Delivery Testing amp Demonstration of No Microprocessor based Break Down Voltage test set with test vessel electrodes and standard accessories for Deh
3. for the Warranty period as per clause 8 above The Warranty Deed shall be supplied immediately after placement of purchase order PO No 595 PHD P amp C I65 Dated 8 2 202 0 4 2 3 PERFORMANCE BANK GUARANTEE The supplier shall furnish a performance Bank Guarantee on a standard Performa to be supplied by the purchaser of the value of 0 of the contract to cover the satisfactory working of the material during the period of warranty as per Clause 8 above and it shall also be kept valid till such time any claim of the purchaser is pending against the supplier The Performance Bank Guarantee shall be furnished by the supplier one month before the commencement of delivery TESTS AND INSPECTION 4 I Standard Tests All the equipment material shall comply with the requirements of the Type Test Certified copies of all the test certificates calculations required shall be supplied to the purchaser for approval acceptance In case test certificate s for any of the type tests is found to be un acceptable by the purchaser the supplier shall arrange to carry out the said test s afresh without any extra cost to the purchaser i 2 Certificate of Tests amp Inspection When the tests and inspection have been satisfactorily carried out by the Inspector the test certificates of each batch of supply shall be submitted in sextuplicate by the supplier to the Planning amp Design Power Plants Directorate BBMB PW Plot No 6 8 Sector 9
4. supplier shall be responsible for safe and satisfactory transport and delivery of the equipments up to FOR destination The invoice shall be prepared in sixtuplicate 6 copies The original copy together with dispatch note challan showing the amount due name of consignee destination description of consignment number of packages packing list Total weight of consignment special markings thereon if any vehicle no if possible alongwith the other supporting documents duly endorsed in favour of the consignee and dispatch authorization issued by the purchaser and other required documents as per order shall be sent to the consignee as per Annexure D alongwith the material The second copy shall be sent to Sr Account Officer BBMB Slapper Third copy along with copy of dispatch note challan shall be sent to the consignee as mentioned in the Annexure D direct in advance Fourth copy to Resident Engineer Dehar Power House Slapper and Fifth copy to Superintending Engineer Dehar Power House Slapper and Sixth copy shall be sent to PO placing authority The supplier shall give at least 0 days advance notice before dispatch to the paying authority viz Sr AO BBMB Slapper and consignee as per details given in Annexure D and supply them a copy of the invoice for arranging funds and completion of other formalities failing which demurrage charges shall be to the account of the supplier Copies of such intimation shall be sent to the PO placin
5. conditions shall be as per the Annexure B enclosed and to the extent modified by the provisions outlined above You are requested to acknowledge the receipt of this purchase order and return one copy of the same duly signed on each page of the purchase order by your authorized representative at the earliest in token of your unconditional acceptance of the same DA Two Spare copies of P O Dy Chief Engineer P amp D PPs 2 Annexure A B C D amp E BBMB PW Chandigarh 3 Appendix I amp II PO No 595 PHD P amp C I65 Dated 8 2 202 HO H i65 20i2
6. of the supplier of any of the terms and conditions of the said P O in the supply of and during the warranty period of the said equipment The guarantor further agrees that the Board shall be the sole judge whether or not the supplies have been made according to the prescribed specifications design and workmanship and laid down in the said P O and whether or not the said equipment has been received in condition by the board and whether or not the said equipment has given satisfactory performance during its warranty period and whether or not the supplier has committed breach or breaches of any of the terms and conditions of the said P O and the extent of loss damages cost charges or expenses suffered or incurred by the Board on account thereof The guarantor hereby guarantees and undertakes to release amp pay immediately the amount of Rs to the Board on receipt of written instructions from the Board and the supplier shall not have any right or cause to interfere All rights to get the Bank Guarantee encashed shall rest with the Board solely at its discretion without assigning any reason whatsoever 20 PO No 595 PHD P amp C I65 Dated 8 2 202 The guarantor further agrees that this guarantee shall remain in full force and effect for 2 months from the date the material is commissioned put to use or 8 months from the date of dispatch which ever period may expire earlier This guarantee shall be revalidated subsequently for a further p
7. payment of the compensation by the purchaser 3 PENALTY CHARGES If the supplier fails to abide by the provisions of the Clause Delivery Period he shall be liable to pay 2 per week or part thereof of the ex works delivery price excluding taxes and duties but including freight and insurance charges where break up of FOR destination price is not available of such portion of material as has not been delivered within the Delivery Period subject to maximum of 0 of the contract value of the delayed undelivered portion of the material 4 TERMS OF PAYMENT 4 00 payment within 30days of receipt of material at site in good condition and successful demonstration according to specification physical verification and record entry by consignee in the relevant GR MB 4 2 Bank charges if applicable will be borne by the supplier 5 NEGLIGENCE If the supplier neglects to execute the work with due diligence and expedition or refuses or neglects to comply with any reasonable order s given in writing by the purchaser in connection with purchase order or contravenes the provisions of the Purchase Order the purchaser may give 2 days Notice in writing to the supplier to make good the failure neglect or contravention complained of and should the supplier fail to comply with the notice within a reasonable time from the date of service thereof in case of failure neglect or contravention capable of being made good within that time or otherwise
8. 0 BO a i65 Ho 6 i7 7 2 20i2 PO No 595 0 72 amp 0 65 Dated 78 2 202 OF CURRENT TECHNICAL PARTICULARS GAP _ anes ANNEXURE A SCHEDULE OF GUARANTEED TECHNICAL PARTICULARS G T P S Parameters Required Value As offered by PCI Limited No l Name of Manufacturer Please specify M S MEGGER 2 Model Please specify OTS I00 AF 3 Power supply Single phase AC 230 85 265 volts 50 60 Hz V l0 50Hz 5 4 Power consumption Please Specify 300 VA 5 Output voltage Oto IOOKV r m s SOKV to 50 KV rms Symmetrical OR_ 50kV to 50k Vrms a Operation Microprocessor controlled Microprocessor controlled and amp Automatic automatic 7 Voltage slew rate 0 5 to 5kV Sec 0 l to 5K V sec 8 Switch off time Less than l0 micro second lt l0usec a Voltage monitoring Direct measurement of
9. 5 PHD P amp C I65 Dated 8 2 202 ANNEXURE B TERMS AND CONDITIONS OF BBMB 7 DELIVERY Delivery period Supply of items as stipulated in this contract shall be completed by supplier within 70 weeks from the date of receipt of technically and commercially clear order One week time for postal transit in case of outstation letters and three days in case of local letters is allowed In case the supplier is unable to complete whole or any item of supply within stipulated period for recognized reasons of Force Majeure mentioned in clause 2 below he shall be responsible to furnish well in time sufficient documentary evidence to the satisfaction of the purchaser to prove the existence of conditions mentioned in the Clause 2 so as to justify grant of extension by the purchaser of the Delivery Period mentioned above Such extension will be granted by the purchaser for the period for which the completion of supply is proved by the supplier to have been delayed for the said reasons due to Force Majeure In case of delay in delivery the despatches shall be made only after obtaining written consent of the purchaser 2 Extension of Delivery period Any genuine delay in approval of technical details drawings issuance of amendment of purchase order conducting inspection and approval of inspection tests test certificates for allowing despatches etc will count towards extension of delivery period by corresponding period other than adm
10. AINING The supplier shall provide the training free of cost at BBMB s site to staff to make them well conversant with the equipment during Inspection amp demonstration of the equipment LITERATURE AND MANUAL The supplier shall supply three copies of literature and User manual having Operation Maintenance and troubleshooting instructions alongwith schematic circuit diagrams if any of offered equipment to the purchaser One set shall be supplied before calling for the Inspection amp Demonstration and remaining sets shall be dispatched alongwith the equipment DEMONSTRATION amp INSPECTION AT SITE The demonstration and inspection of offered test set alongwith accessories shall be arranged by you to check functionality suitability of system in accordance with specification at Dehar Power House Slapper of BBMB without any additional cost to purchaser Any device accessory required for inspection shall be arranged by you The final acceptance shall be conveyed after receiving successful inspection demonstration report from O O S E Dehar Power House Circle BBMB Slapper The equipment which fails during demonstration shall be liable for rejection TRANSPORTATION INSURANCE amp HANDLING OF MATERIAL The supplier shall be responsible for transportation insurance and handling of material upto the destination station as per dispatch instructions The material shall be dispatched by Road Freight Pre paid basis The purchaser shall have th
11. B Madhya Marg Chandigarh I600I9 for approval The purchaser shall then convey approval of test certificates 3 Material destroyed during test Material destroyed during tests shall not be counted against quantities to be supplied against the contract and no payment whatsoever shall be made for such material I 4 Consignee s right of rejection Notwithstanding any approval which the Purchaser may have given in respect of the material it shall be lawful for the consignee to reject the material or any part thereof on behalf of the purchaser within a reasonable time after actual receipt thereof by him if the material or any part thereof is not in conformity with the terms and conditions of the contract whether on account of any loss deterioration or damage before despatch delivery or during transit and the supplier shall be responsible for rectification of all the defects noticed by the consignee after receipt of material TRANSPORTATION INSURANCE amp HANDLING OF MATERIAL The supplier shall be responsible for transportation insurance and handling of material upto the destination station as per dispatch instructions The material shall be dispatched by Road Freight Pre paid basis The purchaser shall have the right to lodge claims for shortages damages etc if any during transit with supplier within 30 days of receipt of material The settlement of such claim with the under writer shall be your responsibility In such an event the consi
12. Direct Measurement of voltage voltage real breakdown monitoring I0 Internal temperature recording of Automatic Please specify Automatic Upto 50 C oil sample range ll Accuracy IkKV 0 IKV l 2 digits I2 Standards IEC 60 56 IS 6792 Complied Testing Safety standards IEC 6I0I0 or Other Complied international standards Please specify I3 Printer nbuilt External Please specify External I4 Ambient temperature I0t0 45 C 0 to 50 Degree I5 Humidity Upto 80 RH non Complied condensing I6 Dimensions Please specify 580 x 420 x 290 mm I7 Weight Please specify 30 Kg approx I8 Display LCD TFT coloured 320 x 240 QVGA display with backlit I9 Stirring Magnetic Magnetic 20 Whether Program test sequences Yes ASTM D I86 04 ASTM D 877A available Yes NO Please specify 02 ASTM D 877B 02 IEC 6056 95 BS EN 6056 96 CEI EN 6056 95 IRAM 234 UNE EN 6056 NF EN 6056 SABS EN 6056 VDE 0370 part 5 AS I767 2 PA SEV EN6056 JIS C 20 99 M JIS C 20 99 S Plus three custom test sequence 2 Whether accessories required for Yes Yes operation as per Clause 5 2 of Technical section of specification have been included in scope of supply Yes No 22 Whether Protection as under Yes Yes provided Yes No i Tripping in Case of flash over ii Zero start interlock 23 Whether Measurement is without Yes Yes air ingress Yes No 24 Whether test set is of continuous Yes Yes Duty Yes No PO No 59
13. MENT gt 00 payment along with taxes within 30 days after the receipt of material at site in good condition and according to specification physical verification successful inspection amp demonstration and record entry by the consignee in the relevant GR MB gt Bank charges if any will be borne by the supplier 3 PENALTY CHARGES The penalty charges shall be governed by Clause no 3 of Annexure B 4 DELIVERY PERIOD The delivery of the equipments shall be governed by Clause no l of Annexure B 5 WARRANTY DEED The Supplier shall furnish Warranty Deed on the Proforma attached as Appendix I as per clause no 9 of Annexure B 6 PERFORMANCE BANK GUARANTEE PBG The Supplier shall furnish Performance Bank Guarantee on the Proforma attached as Appendix II as per clause no 0 of Annexure B 7 SECURITY DEPOSIT The Earnest Money Deposit EMD furnished by the you with the offer shall be converted into security deposit as a Guarantee for faithful and satisfactory execution of purchase order upto warranty period 8 TECHNICAL REQUIREMENT The equipment to be supplied shall be in accordance with BBMB Specification no BBMB PHD P amp C 243 read with your offer and subsequent correspondence which shall also form a part of this purchase order The Guaranteed Technical Particulars GTPs of the equipments mentioned above are attached at Annexure A PO No 595 PHD P amp C I65 Dated 8 2 202 9 I0 il 2 3 4 TR
14. ar Power House Slapper of BBMB at the prices terms and conditions as detailed hereunder and in Annexure A B C D amp E and Appendix I amp II L SCHEDULE OF PRICES Amount in i S Description of Qty Unit Ex Unit Unit FOR Total FOR No Equipment works price Freight amp Destination Destination inclusive of insurance price price P amp F charges Charges Col 4 Col 5 Col 3 x Col 6 l 2 3 4 5 6 7 l Microprocessor INo 6 80 000 Nil 6 80 000 6 80 000 based Break Down Voltage Test set alongwith standard accessories as per Specification TOTAL 6 80 000 Rupees Six Lac Eighty Thousand only PO No 595 PHD P amp C I65 Dated 8 2 202 Note I The Excise duty is not applicable at present If applicable later on shall be payable by supplier 2 The above FOR Destination Prices are inclusive of Freight and Insurance charges which are NIL but exclusive of CST present rate 2 and Octroi Other levies if any which are payable as per actuals at the time of delivery but limited to the rates prevailing within the contractual delivery period 3 The Inspection amp Demonstration of test set shall be carried out without any extra charges by the firm at BBMB site 4 The Bill of Material including accessories for abovesaid equipment is attached as Annexure E 5 The supplier shall provide training free of cost to staff at BBMB site 2 TERMS OF PAY
15. as may be required by the purchaser but not exceeding the value of the work for the time being remaining un executed In the event of stoppage of the work the period of the option under this clause shall be fourteen 4 days only Provided that PO No 595 PHD P amp C I65 Dated 8 2 202 should the above option not be exercised the contract may be terminated by the purchaser by notice in writing to the supplier and the same powers and provisions reserved to the purchaser in the last preceding clause of taking the work out of the suppliers hands shall immediately become operative 7 REPLACEMENT OF REJECTED MATERIAL i Material found damaged sub standard defective or not conforming to the prescribed specifications in any manner at the consignee s end shall not be accepted and an intimation to this effect shall be given to the supplier and the purchaser by the consignee The supplier shall rectify or replace the defective sub standard material forthwith and in any case within a period of 60 days from the date of intimation of rejected supplies If the supplier fails to rectify or replace the defective sub standard material or make good the damages within the period specified above the balance payment Bank Guarantee as the case may be shall be with held until the defective material has been replaced by or the advance payment made in respect thereof refunded by the supplier The purchaser shall reserve the right to get the defects damages rectifie
16. asis for the complete equipment necessary actual user s import licence will be arranged by the purchaser MATERIAL AND WORKMANSHIP All the materials 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 and make Castings shall be free from blow holes flaws cracks or other defects and shall be smooth close grained and of true forms and dimensions INTER CHANGEABILITY Corresponding parts of Plant and Equipment shall be made to gauge or jig and shall be inter changeable in every respect EXCISE DUTY amp CENTRAL SALES TAX STATE SALES TAX AND OTHER DUTIES 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 D as applicable at the time of supply subject to rates prevailing within the contractual delivery period as per Clause l above The supplier shall furnish original vouchers and or following certificates duly recorded on the invoices and signed by the supplier l PO No 595 PHD P amp C I65 Dated 8 2 202 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 Sa
17. been executed amp signed and that the warranty herein before contained shall not be affected by any change in the constitution of the supplier In witness whereof the parties hereto have executed this deed on the date and year first above mentioned Witness l Signature For and on behalf of the supplier Name amp full address Signature 2 Signature Name amp Designation Name amp full address Witness l Signature For and on behalf of the Board Name amp full address Signature 2 Signature For and on behalf of the Board Name amp full address Signature 8 PO No 595 2 0 2 amp 0 65 Dated 8 2 202 APPENDIX II PERFORMANCE BANK GUARANTEE TO BE EXECUTED ON THE APPROPRIATE VALUE OF NON JUDICIAL STAMPED PAPERS This agreement is made this day of between M S Banker s Name through a company registered under the Companies Act I956 Banking Statute a body corporate constituted under the Banking Companies Acquisition and Transfer of undertaking Act V or I970 having its registered office at hereinafter called the Guarantor which expression shall unless repugnant to the context or meaning thereof include its successors and assigns of the first part M S through designation of the person signing The Bank Guarantee on behalf of the supplier a company registered under companies Act I956 having its registered office at Address of Registered office here
18. d at the supplier s cost or to dispose off such material and adjust the sale proceeds thereof if any against its claim on supplier The cost of rectification or balance of purchaser s claim against the supplier shall be adjusted from the supplier s pending dues and or security deposits against this or any other contract in force and the balance of the cost claim shall be recovered from the supplier by action of the law All expenses involved in the replacement by way of handling transportation storage etc shall be on supplier s account ii In respect of the defective sub standard supplies the date on which such a supply is replaced shall be reckoned as the effective date of delivery there against and the delay shall be worked out accordingly with reference to the date on which the supply was due as per the terms of contract for the purpose of determining penalty for charges recoverable under Clause 3 above The provisions of sub clause i and ii above shall apply mutatis mutandis to the material found substandard or defective during the period of warranty 8 WARRANTY The supplier shall be responsible to replace free of cost with no transportation or insurance cost to the purchaser upto the destination the whole or any part of the material which on normal and proper use proves defective in quality or workmanship subject to the condition that the defects are noticed within 2 months from the date the material is commissioned put to u
19. d of guarantee The guarantor hereby further affirms and declares that this guarantee has been executed by their lawfully constituted attorney legally competent to sign and Execute and has been stamped as required for such guarantees under the relevant Act of the state in which it has been executed and signed and the guarantee herein before contained shall not be affected by any change in the Constitution of the Guarantor Bank or the Constitution of the supplier The Guarantor hereby further agrees that any claim or dispute arising under this deed shall fall within the exclusive jurisdiction of courts at Chandigarh 2 PO No 595 PHD P amp C I65 Dated 8 2 202 Notwithstanding anything herein before contained the Guarantor s liability under this guarantee is restricted to Rs Rupees The guarantee shall remain valid upto Unless claim in writing is presented to the guarantor within six months from that date and if unpaid a suit or action to enforce such claim under this guarantee is filed against the guarantor within said period of six months all the rights of the Board under the said guarantee shall be forfeited and the guarantor shall be released and discharged from all liability thereunder In witness whereof the parties hereto have put their perspective hands on the day and the year first above mentioned Witnesses For amp on behalf of the Guarantor l Signatures Name amp Designation 2 Si
20. de this day the between Messers supplier s name through hereinafter referred to as The supplier which expression shall include its legal representatives successors and assigns of the one part and the Bhakra Beas Management Board Chandigarh through Chief Engineer System Operation a statutory body constituted under Section 79 I read with Section 80 6 of Punjab Re organization Act 966 hereinafter referred to as the Board which expression shall include its successors and assigns of the other part Where as the Board has placed on the supplier P O No for the design manufacture testing supply delivery and demonstration of the material as specifically and fully described in the said P O and whereas the above said P O has been accepted and whereas the above said P O has been accepted by the Supplier vide their letter No thus constituting a legally enforceable contract between the parties above named NOW THEREFORE THIS DEED WITNESSTH AND THE SUPPLIER HEREBY WARRANTIES AS UNDER That the supplier shall be responsible to replace free of cost with no transportation or insurance cost to the Board upto the destination as specified in the said P O or the Despatch instructions issued in pursuance of the said P O the whole or any part of the material which in normal and proper use proves defective in quality or workmanship subject to the condition that the defect is noticed within 2 months from the date
21. e right to lodge claims for shortages damages etc if any during transit with supplier within 30 days of receipt of material The settlement of such claim with the under writer shall be your responsibility In such an event the consignee shall obtain an open delivery certificate from the carrier COMPLETENESS OF THE EQUIPMENT All fittings accessories and auxiliary apparatus if any not specifically mentioned in the specification PO but required for the completeness of the equipment material and safety of equipment shall be deemed to have been included in the scope of this PO All equipment shall therefore be complete in all respects whether such details are mentioned in the specification P O or not DESPATCH INSTRUCTIONS i The material shall be despatched after obtaining written permission from the purchasing authority The material shall be despatched correctly to the consignee under intimation to this office If any consignment and or its relevant documents are despatched to any incorrect address or destination the additional expenses involved including demurrage wharfage charges and delay in delivery shall be to the supplier s account ii The material shall be despatched as per Despatch Instructions detailed in Annexure D enclosed iii Despatch Instructions and the Raising of Invoices shall further be governed as per Annexure C PO No 595 PHD P amp C I65 Dated 8 2 202 5 OTHER TERMS AND CONDITIONS Other terms and
22. eriod if required under Clause 0 of Annexure B of the said P O so as to cover P O and also till such time any claim of the Board is pending against the supplier The guarantor also agrees and undertakes not to revoke this guarantee before the same is discharged as aforesaid except with the previous consent of the Board in writing The Guarantor hereby further agrees that the Board shall have the fullest liberty without affecting in any manner obligation of the guarantor hereunder with or without the consent of the guarantor to vary any of the terms of the said P O or to extend time of performance of the said P O by the supplier from time to time or to postpone for any time or from time to time any of the powers exercise able by the Board against the supplier and either to forebear or enforce any of the terms or conditions relating to the said P O and the Guarantor shall not be relieved from his liability by reason of any variations or any extension being granted to the supplier or for any variations or any extension being granted to the supplier or for any forbearance act or commission on the part of the Board or any indulgence by the Board to the supplier or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving the guarantor nor would it be necessary for the Board to sue the supplier before suing the said guarantor for the amount damages due under this dee
23. g authority also The payment shall be made by Sr AO BBMB Slapper through crossed Cheque drawn on Nationalized Bank at Slapper The invoices should bear the complete description of the equipment covered therein It should be certified thereon That all Equipments for which payment has been claimed in the invoice has actually been dispatched and payment for any item material if any which has not been dispatched is not being claimed e That the requisite Performance Bank Guarantee and Warranty Deed as per the provision of the PO have been submitted and accepted The equipment shall be dispatched correctly to the consignee as per Provisions of PO Any delay in delivery on account of wrong dispatches and other consequent damages shall be to supplier s account 4 PO No 595 PHD P amp C I65 DISPATCH INSTRUCTIONS for Dated 8 2 202 ANNEXURE D Microprocessor based Break Down Voltage Test Set for Dehar Power House Slapper Sr Description Qty Required Name of Name of Name of Circle Name of No for Consignee concerned Office concerned BBMB Division payment Station authority I Microprocessor Iset Dehar SDO Store Resident Superintending Sr A O based Break Power amp Transport Engineer Engineer BBMB Down Voltage House BBMB PW BBMB PW Dehar Power PW Slapper Test Set 0 I00 Slapper Dehar Power Slapper Distt House Slapper Distt Mandi oa P
24. gnatures Name amp Designation Witnesses For and on behalf of the Supplier l Signatures Name amp Designation 2 Signatures Name amp Designation Witnesses For and on behalf of the Board l Signatures Name amp Designation 2 Signatures Name amp Designation 22
25. gnee shall obtain an open delivery certificate from the carrier 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 either party may forthwith give to the other notice in writing of the existence of such question dispute or difference and the same shall be referred to award of two arbitrators one to be nominated by the purchaser and the other to be nominated by the supplier or in the case of said arbitrators not agreeing then to the award of an umpire to be appointed by the arbitrators in wiring before proceeding with the reference and the decision of the arbitrators or in the event of their not agreeing of the umpire appointed by them shall be final and binding on the parties and the provision of the Indian Arbitration and Conciliation Act 996 of the rules there under and any statutory I0 PO No 595 PHD P amp C I65 Dated 8 2 202 74 5 6 I7 8 9 amendment modification or re enactment thereof for the time being in force shall be deemed to apply and to be incorporated in the contract Such notice of the existence of any question dispute or different in connection with contract shall be served by either party within 80 days of the issue of receipt by the consignee for each consignment failing which all rights and claims under this contract shall be deemed to have been forfeited and absol
26. ie House Mandi HP Distt Mandi HP Seeddsee anA Slapper HP 74403 HP 74403 74403 2 0907 0907 0907 0907 Accesses 286006 28663 286634 286658 as per details State Bank in Of India Spec ication Slapper Note TIN No 0209030002 5 PO No 595 PHD P amp C I65 Dated 8 2 202 ANNEXURE E BILL OF MATERIAL S No Description Quantity Breakdown voltage test set Make MEGGER Model OTS LO0AF No 2 Oil Pot Test cell with electrodes as per Fig 2 of IS 6792 and No IEC 6056 3 Magnetic oil stirrer l No 4 Setting Guage 2 5 mm as per IEC IS l No 5 Paper roll for printer 0N 6 Transport case l No 7 Dust cover l No 8 Printer cartridge ribbon_ 5 Nos Eo PC interface software on CD DVD and connecting cables l Set I0 Tools for dismantlement of Oil Pot l Set 2 Suitable supply lead with plug INo 3 User manual 3Nos Note i Any equipment required for completion of the test set but not covered in the above bill of material shall be deemed to be included in the Bill of Material 2 One set of user guide shall be supplied alongwith conveying readiness of material to the PO placing authority Remaining two sets shall be dispatched alongwith equipment I6 PO No 595 2 0 2 amp 0 65 Dated 8 2 202 APPENDIX I WARRANTY DEED To be executed on the appropriate value of Non Judicial Stamp Papers This warranty deed ma
27. iendly amp disposable in such a manner which does not cause any environmental degradation Adequate care should be taken during handling and transportation for prevention of pollution The prices include packing charges also and as such no extra payment shall be made on this account TRAINING The supplier shall impart training free of cost at BBMB site to the personnel deputed by the purchaser during inspection amp demonstration of the equipment SIGNING OF PURCHASE ORDER The supplier will be furnished with three copies of the purchase order Two copies shall be retained by the supplier and the third copy of purchase order will be returned by the supplier to the purchaser after signing each and every page of the P O by his authorized representative in token of the unconditional acceptance of the purchase order The supplier shall also furnish documentary proof evidencing that the signatory is an authorized representative of the supplier KKK 2 KKK K I3 PO No 595 PHD P amp C I65 Dated 8 2 202 i ii iii iv v ANNEXURE C Method of Raising Invoice None of the Equipments shall be dispatched without permission of the purchaser The particulars of the material to be dispatched should be furnished strictly as per Annexure D attached here with All Equipments shall be consigned to the SDO S amp T BBMB PW Slapper as per the Annexure D The material shall be dispatched through Road transport only The
28. inafter called the Supplier which expression shall unless repugnant to the context or meaning thereof include its successors and assigns of the second part and the Bhakra Beas Management Board Chandigarh through Chief Engineer SO a statutory body constituted under Section 79 read with Section 80 6 of the Punjab Re organization Act 966 hereinafter called the Board which expression shall unless repugnant to the context or meaning thereof include its successors and assigns of the third part Whereas the supplier had interalia agree to supply to the Board hereinafter called the said equipment on the terms and conditions contained in the P O No dt hereinafter called the said P O Placed by the Board on the supplier and unconditionally accepted by the supplier And whereas under Clause 0 of Annexure B of the said P O the supplier is required to furnish a Bank Guarantee for a sum of Rs Rupees being the value of all the consignments of the said equipment on account of retention money which but for this guarantee would be withheld by the Board till such time that the said equipment is received in good condition by the Board and in accordance with the specifications of the same and the said equipment has given satisfactory performance during its warranty period as per Clause 8 of the Annexure B of the said P O and also till such time that any claim of the Board is pending against the s
29. issible under Force Majeure conditions if any substantiated by the supplier and duly accepted by the purchasing authority Date of delivery shall be taken as 7 day after the date of readiness of material for inspection in case of purchase orders up to Rs 5 lac and I4 day after the date of readiness of material in case of purchase order more than Rs 5 lac provided the material offered passes the inspection and proof of despatch of material within seven days of the receipt of despatch authorization and road permit wherever required is given by the supplier In case however the material fails during inspection at the works site as the case may be either fully or partially or the material is not ready for inspection when the inspector visits the works for inspection the re inspection charges shall be recovered from the firm The date of readiness of the material in this case will be reckoned with reference to the date from which the material equipment is offered to be ready for the re inspection provided the material passes the inspection that follows the offer The road permit shall be supplied by the consignee expeditiously to ensure the timely despatch of material In case the material is not despatched within 7 days of the receipt of despatch authorization and the road permit wherever required date of delivery shall be taken as date of receipt of material by the consignee at site store 2 FORCE MAJEURE The supplier shall not be liab
30. ity E Service Tax Service tax as applicable at the time of execution of the contract work subject to rates prevailing within the contractual delivery period shall be paid by the purchaser I2 PO No 595 PHD P amp C I65 Dated 8 2 202 20 24 22 PACKING All apparatus and equipment shall be securely packed for safe delivery at destination and the supplier shall be responsible for all losses or damages caused or occasioned due to improper or defective packing Double boxing to give extra protection to the equipment against mechanical injury shall be used if required All parts requiring protection form moisture including polished parts which rust rapidly shall be double boxed with trapper or in such other approved manner All parts such as coils parts containing coils for electrical machines instruments relays meters etc requiring utmost protection against moisture shall be packed in metal lined sealed boxes with trapper or sisal craft paper or any other approved material inserted between the metal lined box and the outer layer of boxing All boxes shall be marked with signs indicating the up and down sides of the boxes and also unpacking instructions considered necessary by the supplier The contents of the boxes shall have place marks corresponding to the number in the packing list to enable easy identification Further BBMB is ISO I400I 2004 certified organization Hence the packing material used should be environment fr
31. le for any penalty charges due to the delay in manufacture or delivery of material resulting from any causes beyond the suppliers reasonable control including but not limited to compliance with the regulations orders or instructions of Central State or Municipal Govt or Agency thereto Acts of God acts of civil and military authorities fires floods strikes lockout freight embargoes war risks riots and civil commotion s The supplier will seek extension of delivery period within three weeks of occurrence of such an event and clearly state the anticipated delay in supply on 7 PO No 595 PHD P amp C I65 Dated 8 2 202 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 further to the condition that if the delivery period is likely to be extended by more than 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 damages on the part of the supplier and without any
32. les Tax Authorities il 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 B C D State of and our Registration No is for the purpose of sales tax Excise duty The payment of the Statutory excise duty if due will be made extra at the rates given in the supplier s quotation limited to the rates prevailing within the contractual delivery period as per Clause above and subject to furnishing of documentary proof of payment having been made by the supplier to the excise Department The supplier shall also furnish the following certificates duly recorded on the invoices and signed by him while claiming payment of Excise Duty i Certified that the sum of Rs Rupees towards excise duty has been paid to the Central Excise Authorities towards despatch of Name of Materials effected from Station to Station consigned to under R R G R No dated vide Bill No dated ii Certified that the excise duty charged is a
33. se or 78 months from the date of despatch whichever period may expire earlier The consignee or any other officer of the purchaser actually using the material will give prompt notice of each such defect to the supplier as well as the purchaser The replacement shall be effected by the supplier within a reasonable time but not in any case exceeding 60 days from the date of intimation of defects The supplier shall also arrange to remove the defective supply within a reasonable period but not exceeding 60 days from the date of issue of the notice in respect thereof failing which the purchaser shall reserve the right to dispose off the defective material in any manner as considered fit at the sole risk and cost of the supplier Any sale proceeds of the defective material after meeting the expenses incurred on its custody disposal handling etc shall however be credited to the suppliers account and set off against any outstanding dues of the purchaser against the supplier These provisions shall also equally apply to the replaced material In case the material is again found to be defective within a period of 72 months of its replacement it shall also have to be replaced similarly 9 WARRANTY DEED The supplier shall execute a Warranty Deed on the standard Performa to be supplied by the purchaser on a non judicial stamp paper required for such deeds as per the relevant act of the State in which it will be executed and signed and shall be kept valid
34. t the prevailing rates and no part of the same is refundable In case any excise duty paid on this material is refunded to the supplier it will be passed on to the purchaser iii Certified that the goods on which Excise duty has been charged have not been exempted under the Central Excise Duty and the Central Excise duty charged on these goods is not more then what is payable under the provisions of the relevant act or rules made there under iv 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 Excise Duty paid by us Octroi Entry Tax and other duties taxes Octroi Entry Tax and other duties taxes if leviable on the finished goods at the station of despatch at the time of supply shall be paid as actuals subject to production of original payment documents and subject to the rates prevailing within the contractual delivery period as per Clause l above if the same have not been included in the quoted prices To avoid any complication with regard to Octroi entry tax at the destination station the material shall be despatched in the name of consignee and not to self However Octroi charges entry tax as applicable at the destination station shall be borne by the purchaser Income Tax and Work Contract Tax Income tax and work contract tax as applicable at the time of execution of the contract shall be deducted at source by the paying author
35. the material is put to use by the end user or 8 months from the date of dispatch whichever period may expire earlier The consignees or any other representative of the Board actually using the material will give prompt written notice of each such defect to the supplier The replacement shall be affected by the supplier within a reasonable time but not in any case exceeding 60 Sixty days The supplier shall also arrange to remove the defective supply within a reasonable period but not exceeding 60days from the date of issue of the notice in respect thereof failing which the Board shall reserve the right to dispose off the defective material in any manner considered fit by it at the sole risk and cost of the supplier Any sale proceeds of the defective material after meeting the expenses incurred on its custody disposal handling etc shall however be credited to the supplier s account and set off against any outstanding dues of the Board against the supplier 7 PO No 595 PHD P amp C I65 Dated 8 2 202 That the above provisions shall also equally apply to the replaced material In case the material is again found to be defective within a period of 2 months of its replacement it shall also have to be replaced similarly The supplier further declares that this deed has been executed by its lawfully constituted attorney legally competent to sign and execute and has been stamped as required under the relevant Act of the State in which it has
36. upplier to guarantee the payment of the I9 PO No 595 PHD P amp C I65 Dated 8 2 202 retention money on bill submitted against supply of the said equipment on order from time to time upto a maximum amount of the sum of Rs And whereas at the request on the supplier the Board has agreed not to retain I0 of the contract price of all the consignments and in lieu thereof to accept a Bank Guarantee equivalent to the 0 of the contract price of all the consignments from the guarantor for the aforesaid purposes amp for the due performance of the said PO by the supplier on the terms amp conditions hereinafter contained this deed witnesseth and it is hereby agreed by and between the parties hereto as follows The Guarantor hereby guarantees to the Board the quality workmanship and design of the said equipment in accordance with the prescribed specifications and the terms of the said P O and that the said equipment when received by the Board shall be in good condition and shall give satisfactory performance during its warranty period as per Clause 8 of Annexure B of the said P O and agrees to indemnify and keep indemnified the Board to the extent of Rs in the aggregate against all losses damages cost charges and expenses which may be suffered or incurred by the Board on account of non receipt of the said equipment in good condition or on account of any defect in the said equipment or on account of any breach or breaches on the part
37. utely barred The work under the contract shall if reasonably possible continue during the Arbitration proceedings and no payment due or payable by the purchaser shall be withheld on account of such proceedings 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 5 days to the supplier 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 disputes 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 I3 above IMPORT LICENCE Normally no import licence shall be provided by the purchaser for the procurement of raw material and as such the procurement of the same will be the responsibility of the supplier No assistance will be rendered by the purchaser in this regard However in case tender is submitted on FOR FAS b
38. within such time as may be reasonably necessary for making it good then and in such case s the purchaser shall be at liberty to take the work wholly or partly out of the hands of the supplier and re contract at reasonable price with any other person or persons In such an event it shall be lawful for the purchaser to retain any such balance which may otherwise be due by him to the supplier on any account including the amount of Bank Guarantee and apply the same towards the execution of whole or balance of the work so re contracted as aforesaid If no such balance is due by the purchaser to the supplier or if due is not sufficient to cover the amount thus recoverable from the supplier it shall be lawful for the purchaser to recover the whole or balance of the amount from the supplier by the action of the law 6 BANKRUPTCY If the supplier shall commit any act of the bankruptcy or being a corporation commences to be wound up except for reconstruction purposes or carry on its business under a receiver the executors successors or other representative s in law of the state of the supplier or any such receiver liquidator or any persons s in whom the contract may become vested shall forthwith give notice thereof in writing to the purchaser and shall for one month during which the supplier shall take all reasonable steps to prevent stoppage of the work have the option of carrying out the contract subject to the supplier providing such Guarantees
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