1

TENDER DOCUMENT for Custom Clearance and Complete Handling of Calcined

Petroleum Coke from Gangavaram/Kakinada Seaport upto BALCO Korba

Bharat Aluminium Company Limited (BALCO) invites offer from CHA Service

Providers for Custom Clearance and Complete Handling of Calcined Petroleum Coke from Gangavaram/Kakinada Seaport upto BALCO Korba. The Service provider has to submit the same tender document in original in a sealed cover on or before 21st September’2017

TENDER DOCUMENT NO: (REF NO: - BALCO/RM/CPC/CHA/IMPORT/2017-18 (To be quoted for all future correspondence)

HEAD COMMERCIAL

BHARAT ALUMINIUM COMPANY LIMITED

COMMERCIAL OFFICE,

ADM BUILDING, BALCO NAGAR,

KORBA - 495684

CHATTISGARH STATE, INDIA.

Fax: +91 7759 240626.

2

INSTRUCTIONS TO BIDDERS

Note: Please attach your company credentials /last 3 years balance sheet/ contract handled by

your company alongwith Annexure-I.

1. All pages of the Tender/Bid comprising of Commercial Bid and Information/Documents as

specified in Annexure-I should be signed and seal should be affixed.

2. The Bid should be unconditional acceptance to the terms as contained in the general Terms &

Conditions and Special Terms & Conditions.

3. No over-writings or correction shall be accepted unless authenticated with signature.

4. The Tender/Bid along with the Earnest money Deposit in a Sealed Tender/Bid should reach

BALCO on or before 21st Sep’17. BALCO will not be responsible and will not be in a position to

entertain for any delays on account of postal delays, loss of documents, etc.

5. Successful tenderer will have to submit Bank Guarantee/Security Deposit.

6. If the space provided in the registration form is not sufficient, please attach separate sheets and

give Annexure reference number on the attached sheet.

3

GENERAL TERMS & CONDITIONS TERMS:

1. The Quantity mentioned in the Commercial Bid attached as Annexure I are indicative only

and shall not be binding on BALCO. BALCO reserves right to amend/modify the quantity

specified in Commercial Bid, before awarding/execution of the Formal Agreement. We

intend to avoid negotiation and you may not be even called for negotiation if your price is

not competitive.

2. SCOPE OF WORK:

The scope of work includes vessel berthing, custom clearing and other customs related

activities including all statutory compliances supply & maintenance of hoppers for CP Coke

discharge from ship (vessel), stevedoring, hopper operation, bagging and Intercarting of filled

bags to warehouse and stacking, loading of filled bags onto railway wagons/ trucks/ trailers.

The detailed scope is mentioned as under#

1. Custom Clearance – This shall include #

a) Coordination with BALCO, KORBA for obtaining instructions and necessary

documents (Shipping documents, licenses, declaration etc.) 15 days in advance of

vessel arrival at port for filing Bill Of Entry.

b) Providing Bill Of Entry to BALCO KORBA 5 to 7 days in advance of vessel

arrival for timely arrangements of funds for custom duty and obtaining necessary

clearances before the vessel arrival.

c) Coordination with Vessel agent and supplier agent for obtaining delivery order

and timely berthing of vessel.

d) Coordination with customs authorities for timely custom clearance.

2. Vessel Berthing, Discharge and Bagging Operation #

a) Acceptance of NOR on behalf of BALCO KORBA.

b) To liaison with port and arranging immediate berthing of vessel at a berth suitable

for smooth discharge of CP Coke.

c) Attending initial and final draft (draught) survey and other general surveys for

each CP Coke Vessel. CHA to certify the same for the received quantity.

d) Intimation to BALCO KORBA’s inspection agency for attending initial and final

draft (draught) surveys to be done by CHA.

e) Submission of necessary documents like Statement of Facts (SOF) and lay time

calculation sheet within 1 week from the date of departure of vessel.

f) Arrangement of necessary manpower for making smooth discharge operations.

g) Complete design, development, fabrication, erection, installation, operation and

maintenance of the Hoppers # minimum 4 Nos. at any given time with accessories

to handle CP Coke.

h) All hoppers to be maintained in continuous working condition to handle & meet

the desired discharge rate.

i) CHA has to achieve a guaranteed daily discharge rate of minimum 3500 MT with

4 hook operations.

j) Basis applicable discharge rates as per above clause (i), any demurrage incurred

on vessel after berthing for Service Provider non-performance has to be 100%

borne by Service Provider.

4

k) Hoppers to be designed for Bagging CP Coke in Jumbo bags. Suitable Jumbo

Bags to be given by BALCO KORBA.

l) In case of any vessel arrived without grab or the grab of the vessel will not work,

then CHA has to arrange grab for discharge The grab charges will be reimbursed

by BALCO as per actual.

m) For Material Accounting: CHA has to ensure that fly losses cum handling loss not

to exceed more than 0.5% (B/L or draught survey quantity which is lower Vs.

Static Weighment noticed at port weighbridges at the time of dispatch) at any

point of time during handling at port or else the cost differential will be debited

from service providers account. (Proper documentation should be maintained and

provided with respect to each trailers weighment & thereafter concurrence with

Rake Loading).

n) For payment purpose: Quantity noted in Static Weighbridge while dispatch.

o) Prior to next vessel arrival, previous vessel invoices (advance knock & payable

for operation) should be submitted to port logistics for certification & thereafter

submission to BALCO KORBA for processing.

p) In case the vessel cranes are not working satisfactorily or the vessel arrived

without cranes, CHA should make immediate arrangement of the shore cranes to

achieve the committed discharge rate. Crane charges will be reimbursed by

BALCO as per actual.

q) Safe handling of discharging gear of vessel. CHA shall be directly responsible for

any damages caused by his negligence, oversight or carelessness to the vessel and

its associated gear whether on board or on wharf or to the property of the port

trust for which the corresponding amount will be debited from the bills The CHA

would be ultimately responsible for any damages to vessel or port facility.

r) Arrangement of weighment at port if required, over time for port personnel, like

wharf superintendent and weigh bridge attendant etc, which are essential for

round the clock operation shall be done by CHA.

s) Weighment of the Cargo of each trucks / trailers prior to rake loading to be done

to ensure the quantity loaded in each rake with wagon wise details.

t) All necessary material / vehicles like compressors, pneumatic system, welding

generators, gas cutting plant, electrical system, tools and tackles for smooth

operation of these Hoppers to be arranged by CHA conversation.

u) In case of any dispute of material during discharge, CHA has to organize for joint

survey with P & I club / shippers surveyor, BALCO KORBA’s Surveyor and

other concerned authorities. CHA to ensure smooth settlement of such claim by

coordinating with all concerned agencies.

v) Necessary Liasoning and permission with Port Authorities and Dock Authorities

for berthing of vessel, safe discharge of CP Coke, movement of hoppers in and

out or keep them within Port premises and payments of such statutory charges to

be made by the CHA.

w) Necessary passes for all workforces required to be arranged by the CHA.

x) Complying with all statutory / local / port regulations in force for employing

labor and related payments / expenses (like ESI etc.) arising thereof. CHA shall be

solely responsible for all payments of wages, incentives, overtime of labor gangs

employed and payment of levies arising thereof in engaging such services for

BALCO KORBA.

y) Necessary instructions to BALCO KORBA’s appointed inspection agency for

sampling to be ensured at the start of CP Coke Discharge.

5

z) Maintenance of proper records / Vessel sheets with respect to discharge delays,

stoppages etc. shall be done by the CHA. CHA shall get such documents, as are

necessary endorsed by the vessel chief officer.

aa) Each bag for a particular vessel shall be properly stamped with vessel’s name for

identification.

bb) Sweepings / Spillages # The Spillages during the discharge operation to be swept

and bagged. Sweeped Coke should be bagged separately tagged and not to mix

with good coke.

cc) Total discharged bags to be counted and reported by CHA.

3. Inter carting, Warehousing and Loading of Jumbo Bags to BALCO KORBA #

a) Inter carting of filled jumbo bags from Wharf to warehouse to be properly covered

with tarpaulin for protection against rain.

b) Covered warehouse capacity for storing of 30,000 CP Coke at any point of time to

be arranged by CHA. These warehouses should be in proper leak proof condition,

surrounded with walls and not in low-lying areas to ensure proper safety and

security of CP Coke. Warehouse management like sweeping collection, re-

bagging & stacking will be under scope of work.

c) The warehouse should be inside the port premises.

d) CHA should strictly follow the stacking procedure prescribed by BALCO

KORBA.

e) Bags should be stores on Pallets and Tarpaulins.

f) CHA should ensure that the BALCO KORBA’s goods does not mix / contaminate

with any other foreign goods of any nature during handling.

g) CP Coke bags of different vessels ( could be identified with stamp on the bag ) to

be stored separately with clear demarcation to avoid mixing.

h) FIFO method to be followed for clearance of Cargo from Go-down.

i) Cut and torn bags during unloading and loading operations to be collected and

refilled into new bags.

j) Shifting of bags to railway siding shall be as per the load-ability of the rake. That

is CHA has to ensure loading of all materials from siding to the rakes. No stock

shall be lying in railway siding after rake dispatched. In case any material is lying

proper communication shall be given to BALCO representative stating the no. of

bags & quantity of Cargo at siding.

k) Before dispatch operation starts, CHA has to inform BALCO KORBA’s

Inspection Agency / Surveyor in advance for counting of bags loaded into the

rakes.

l) Dunnage Precautions: Proper and adequate dunnage material (ply wood etc.) to be

used for reducing damages to bags during loading and transportation through

rakes.

m) One side tarpaulin after keeping coke, take to opposite side of BOXN to stapler it

together, the same for another side of BOXN to be followed. All 6 sides of BOXN

to be covered with stapler based tarpaulin cover.

n) Service provider scope – Dunnage material inc. tarpaulin has to be segregated &

re-transported to port from BALCO KORBA unloading site for reuse through

NGP against valid service order.

o) The CHA shall be responsible for safe handling of CP Coke at port in usable

condition. Any CP Coke found to be in unusable condition, the same to be

reconditioned to usable condition by CHA at its own cost.

6

p) Daily stock report of daily warehouse-wise inward and outward movement of CP

Coke bags to be generated and provided. Jumbo bags directly loaded onto railway

rakes from wharf to be indicated separately.

q) At the end of every month, CHA has to give stock certificate for stock lying at his

end after deducting bag weight.

4. Rake Placements & Other Railway Arrangements #

a) In case of BOXN rakes CHA has to place indent at railway traffics department as

per dispatch schedule provided by BALCO for on time placement of rakes. In

case vessel is getting handled in GPL, dispatch of rake may be from GPL siding,

Maripalam / Simachalam siding & in case of KSPL it will be KSPL railway

siding.

b) Request for railway freight has to be provided by CHA to BALCO on regular

basis, Indent to be immediately placed at railway on receipt of freight.

c) Indent no allotted by railway to be intimated to BALCO.

d) Rigorous follow up for ensuring timely rake placement % allotment at siding.

e) On allotment of Rake, placement plan to be intimated to material handling agents

and others involved in advance for ensuring loading arrangements.

f) Container Rakes, if required will be managed by BALCO for transportation of CP

Coke. The placement of rake will be at port siding (if available) or from others

railway siding close to Working Port ( in case of non-availability of port siding)

on which CHA has to promptly load cargo.

g) The completion of loading activity to be ensured and intimation to be provided to

BALCO KORBA and also to Railways for early dispatch.

h) Coordination and follow-up with Railways for allotment of Loco and quick

dispatch of rake from Vizag.

i) Intimation of rake movement to be given to BALCO KORBA.

j) Minimum load-ability of BOXN rake will be 59 MT / wagon provided 1.6 MT

capacity supply from BALCO. Port Logistics will certify based on type of bag

used & other constraints, dead freight can be imposed / debited.

k) Load-ability of particular Rake reached more than 60 MT (Realized as per

BALCOGRN), Rs 5 / MT will be paid over and above of base contract price.

l) Any railway demurrages occurred during rake loading will be in CHA Scope &

Waiver for the same can be provided based on Port Logistics certification.

m) Service provider should work / despatch based on BALCO KORBA dispatch

plan.

n) Vessel Closure Statement should be provided in case of vessel is getting closed.

Statement should comprises discharged quantity, bags used, type of bag used,

dispatched quantity, warehoused quantity, fly / handling loss tolerance as on date

port stock for BALCO KORBA with respect to each vessel & any other details.

Statement should be signed off between service provider & Port Logistics for

documentation.

o) During exigency cargo may be dispatched by road. In case of by road dispatch

scope of work shall be up to warehousing & loading of trucks in warehouse.

Payment shall be made for truck loading based on the scope.

5. Reports #

Following daily reports to be generated and provided to BALCO KORBA

# Daily vessel discharge report, Days discharge & total cumulative vessel

discharge to be reported.

7

# Loading report for each rake, wagon wise no. of bags & MT loaded to be

reported (Vessel wise, date wise dispatch report).

# Each truck (Gross # Tare) weighment leads to lump sum of rake loaded

quantity weighment & supplementary sheets to be attached with invoice as per

mandatory documents.

# Statement of Fact & lay time calculation for each vessel to be circulated.

# Monthly MIT report by 1st of every month considering actual dispatch

quantity (after bag wt.)

ANNEXURE -1

Sl.No. Description Quantity (MT)

1 Imported CP Coke 80,000

3. Earnest Money Deposit: The Prospective bidders shall submit their Tender/Bid

alongwith Earnest Money Deposit (EMD) of Rs Five Lakh only by Demand Draft or

BG (as per proforma enclosed in Annexure III) in favour of “Bharat Aluminium

Company Limited” payable at Korba. EMD will be refunded on completion of the

Tender Evaluation. No interest shall be payable on EMD. In case of Successful Bidder

(the Bidder who’s Tender/BID is accepted in whole or in part by BALCO) the EMD

will be returned on receipt of Security deposit in the form of Bank Guarantee/DD.

Tender/BID without EMD will be rejected.

4. Duration of Contract: Contract Duration will be October’17 to October’2018.

However, BALCO reserve the right to extend the contract beyond the period or short

close the contract without giving any reason thereof. The decision of BALCO shall be

final and binding in this regard.

5. BALCO does not pledge itself to accept the lowest Tender/Bid and reserves the right to

refuse or accept the whole or any part of the tender or portion of the Supplies/Services

offered and the Bidder shall provide the same at the rate(s) quoted.

6. RATE:

Rate: ______ Per MT

(Kindly quote your rate here)

The quoted rates shall remain firm during the contract period and no escalation will

be granted on whatsoever.

7. Payment Terms: Payment will be made within 30 days after submission of bill and

necessary documents.

8. Tax. Insurance premium payable by the Carrier to any insurance agency. Any

charges towards statutory levies / rates for labour employed by the Carrier as

prescribed by any statutory body or government Agency like Mathadi Boards etc.

wherever in force.

Income Tax will be deducted at source, at the applicable rates. The contract price

shall remain firm during the contract period and no escalation will be granted on

8

whatsoever ground, including among others, increase in cost of spares, tyres or levies

as mentioned above.

9. Other Conditions

a.) LOSS OF DOCUMENTS

The Carrier shall be solely liable for loss of goods/ any documents and in the

event of loss/theft/malpractices/accident, the Carrier shall file FIR at the police

station closest to where such event had occurred and give a copy of the FIR to

BALCO. In case of any accident/theft etc. it shall be the sole responsibility of the

carrier, to ensure the releasing of materials free from any charges, encumbrances

and/or restrictions from Courts/s or other authorities as regards its disposal, at its

own risk and cost by obtaining appropriate orders from the Court/other

authorities, if required by BALCO and ensure delivery of the same to BALCO at

the earliest for unrestricted utilization of the same.

b.) SHORTAGE

The quantity as specified in the invoice shall be counter checked by the Carrier

and if there is any discrepancy, it will be brought to BALCO’s notice, otherwise

the cost of material including taxes as decided by BALCO shall be debited to the

Carrier’s account on account of short fall in the quantity. The decision of BALCO

shall be final and binding on the Service Provider in this regard.

c.) VEHICLE DETENTION CHARGES:

No claim for detention charges of any nature shall be entertained by BALCO

under any circumstances and for any reason whatsoever for detention of vehicles

at any point during transit or execution of the service.

d.) . WEIGHT

For all services where service charges are based on the quantity, the weight

received at the un-loading point will be treated as Final. The same will only be

considered for the payment of services. The Net received weight will determine as

per given calculation below. RECEIVED WEIGHT = GROSS WT - TARE WT.

However allowance @ +/- 0.5% on the invoice quantity will be given as weigh

bridge tolerance allowance. If the material received in BALCO within 0.5%

tolerance, no deduction will be made for shortage and transport payment. In case

it exist more than 0.5% tolerance, the whole shortage material will be considered

as shortage and the same will be debited from your account.

e) LOSS OF GOODS

In case material is lost by theft, pilferage or hijacking of vehicle, the Carrier

has to inform to BALCO within 24 hrs. of information known to the Carrier with

subsequent action of lodging FIR (First Information Report) to police station on

9

driver/owner of the vehicle and submit the copy of FIR to BALCO. The Carrier

will also have to submit FIR (Final Inspection Report) for insurance settlement

purpose. During the course of investigation, money to the extent of value of

goods plus 10% shall be kept hold till insurance is settled.

10. Acceptance of Offers; Balco is not bound to accept the lowest offer or to give any

reasons for rejection of any offer and it shall be the sole discretion of the company to

consider or reject any bid. A formal contract shall be issued by BALCO towards the

successful bidder in the event of acceptance of the offer. Unless a formal contract has

been concluded no offer shall be deemed as accepted. Balco reserves the right to award

contract to more than one agency or split the contract at its own discretion.

11. Modification & Agreement: BALCO shall have the right to modify the contract

quantity in view of variation of requirement, price increase/decrease. Modification of

Agreement may also take place in contract period as it may be shortened or extended in

proposition to our supply pattern as we full depend on our contractor’s commitments.

.

12. Failure to Execute jobs Assigned: Under no circumstances shall the CHA discontinue

work under the Contract. In the event, the CHA fails to execute its obligations within a

reasonable period or refuses to execute or arrange to execute such obligations for any

reason whatsoever, Balco reserves the right to entrust the services partly or fully to any

other service provider/s at the risk and cost of the CHA besides recovery of all losses on

the Contract through the security deposit by the CHA.

13. Force Majeure: For failure of execution of any work due to war, restraint,

imposed by government, earthquake, fire, explosion, riot, lockout, etc, beyond human

control directly interfering with the work, Balco shall only allow such additional time

as may be considered justified by the circumstances of the case. No claim whatsoever

of compensation from the contractor for loss etc. on this account shall be entertained.

Direct or indirect loss, if any, to Balco due to negligence of the contractor during this

period, on this account can however be recovered from the contractor.

14. Termination: Balco reserves the right to terminate the contract at any time with or

without notice if the work is found unsatisfactory and also get the work done through

any other any agency at the risk and cost of the contractor. Violation of any of the

above terms may also lead to cancellation of the contract and liabilities of the

contractor, if any, shall be deducted from his pending bills.

15. Obstruction of work: CHA shall ensure all timely payment of dues to their workmen.

In case contractors staff or workmen or are found obstructing the normal working of

Balco, the same shall be viewed seriously and shall make this contract liable for

termination.

16. Arbitration:. In case of any dispute or difference between the Parties the matter shall

be decided by mutual negotiation & agreement. If any difference persists on a matter

of law or interpretation of this document the decision of mutually appointed arbitrator

would be final & binding. All disputes arising out of or in connection with the present

contract shall be finally settled under the Rules of Arbitration of the International

Chamber of Commerce by one Arbitrator appointed in accordance with the said Rules.

The contract shall be governed by, construed and interpreted in accordance with the

said Rules. The contract shall be governed by, construed and interpreted in accordance

with the laws in India. The venue of Arbitration shall be at Korba India only. The

Arbitration shall be held in English language and the award of the Arbitration shall be

final and binding to both the parties.

10

17. Inspection of Consignments: Balco reserves the right to inspect the consignment at any

time or place after the same is handed over to the CHA for execution after giving

reasonable notice and the CHA shall make necessary arrangements for inspection as

and when called upon in this regard by Balco. The CHA in such cases shall not be paid

any charges in any form for the contract so made.

The cost for inspection agency appointed by Balco shall be borne by Balco

18. Jurisdiction: This contract will be subject to Korba, Chhattisgarh Jurisdiction only for

all legal matters.

19. Security Deposit: The CHA has to deposit a fixed amount of SD within a period of one

week after awarding

Contract Value

(Sum of Total Contracts Awarded)

Security Deposit Required

Above Rs. 1 Cr. upto Rs. 3 Cr. 10 Lacs

Above Rs. 3 Cr. upto Rs. 5 Cr. 15 Lacs

Above Rs. 5 Cr. upto Rs. 10 Cr. 25 Lacs

Above Rs. 10 Cr. upto Rs. 20 Cr. 35 Lacs

Above Rs. 20 Cr. 50 Lacs

RESPONSIBILITY/OBLIGATIONS OF “CHA”

The trucks provided are owned or otherwise belong to the CHA. That the trucks hired/not

belonging to the “CHA” shall not absolve the CHA from any of the obligations under this

contract or mitigate the liabilities arising out of the breach of the conditions or expressed

therein.

1.1 The CHA will not use the name of “Balco” in any manner either for credit arrangement or

otherwise and it is agreed that “Balco” is no way responsible for the debts of the CHA

and/or its employees.

1.2 If at any time during the contract, the CHA fails to transport the goods as provided herein

above or to perform the various other obligations specified in the contract, Balco in its

discretion and without prejudice to other rights and remedies, may obtain services from

other CHAs to perform the obligations and transport the goods at risk and cost of the CHA.

The CHA undertakes to reimburse to Balco all additional expenses incurred by Balco in

this connection.

1.3 The CHA shall not have exclusive right to operate trucks for Balco and Balco will be at

liberty to appoint one or more additional CHA either to run concurrently with the CHA or

separately.

1.4 The CHA will arrange to bring into use Lorry receipts with printed serial No. The reverse

of the Lorry receipts shall be provided the format of acknowledgement for the receipt of the

consignment.

1.5 The CHA will furnish lorry receipts and other documents as per BALCO requirement.

CHA shall give only clean and unconditional lorry receipt and remarks like “said to

contain” or at “Owner’s risk” will neither be valid nor accepted. Even if lorry receipts

containing such remarks is issued, the terms and conditions of Balco will prevail.

1.6 The CHA shall ensure that the weight and volume of goods loaded for consignment in the

vehicle is within RLW permissible limits prescribed in the RTO registration book. The

CHA shall solely be responsible and completely indemnifies Balco against any penalty, legal

actions, loss and damage, if any, suffered by Balco on account of violation and /or breach of

weight and volume limits prescribed in the RTO registration book.. Balco shall not be in

11

any manner responsible for the penalties action taken by the appropriate authorities for

carrying goods in violation of the RLW permissible limits. It is unambiguously agreed

upon that the CHA shall be solely responsible to ensure that the goods loaded in the trucks

are not in violation and/or breach of weight and volume limits prescribed in the RTO

registration book.

1.7 The trucks provided are in perfect roadworthy condition and maintain all features

necessary for smooth and safe transportation of products as per specifications to their

respective e destinations. The CHA shall be held accountable for any theft, pilferage,

adulteration, malpractice or damage to the consignment en-route.

1.8 The CHA will not offer suspended or blacklisted trucks.

1.9 The truck provided is equipped with all the valid and subsisting permits and licenses from

respective transport authorities required for authorized road movement. The road and

other tax certificates for the vehicle and driving license of the driver are kept valid during

the period of the contract.

1.10 The CHA will have a comprehensive insurance policy from an established insurance agency

for each vehicle and keep such policy in force at all times to cover all risks of whatever

nature inclusive of any damage caused by the trucks to Balco’s property. The CHA will

produce for the perusal of Balco the original Insurance policy and proof of payment of all

insurance premium and charges in respect thereof as and when demanded by Balco.

1.11 The CHA shall ensure that its employees, while on the premises of Balco or while carrying

out their obligations under this agreement observe the general discipline laid down by

Balco.

1.12 The CHA agrees to abide by the Motor Vehicles Act, Payment of Wages Act and other

regulations in force in the area where he is plying the trucks.

1.13 The CHA shall observe and implement all the laws of the land and the rules framed there

under which are beneficial to the staff employed by him and that Balco shall in no event be

liable or responsible for any default that will arise out of non-observance of such laws, rules

on the part of the CHA and the CHA shall indemnify and keep indemnified Balco against

the same from all proceedings in respect thereof.

1.14 The CHA shall comply with all the statutory requirements as stipulated in various acts and

laws regarding casual/contract labour deployed by him for various activities connected with

the contract. The CHA shall be fully responsible for the conduct or his crews at loading

and unloading premises.

1.15 The CHA shall be solely responsible for non-compliance with any statutory requirements.

It is specifically understood that the Balco shall not have any privy with labour deployed by

the CHA. The CHA shall satisfy himself about past conduct of labour deployed by him.

1.16 The CHA shall be liable for all payments to his staff employed for the performance of

carrying out of the said work and in respect of all claims and liabilities of the CHA’s

business and Balco shall in no event be liable or responsible for any payment and the CHA

shall keep Balco indemnified against the same and from all proceedings in respect thereof.

1.17 The employees of the CHA shall never be deemed to be the employees of Balco.

12

2. LIABILITY OF CHA

2.1 The “CHA” shall accept the goods at its own risk and shall accept full responsibility for the losses

arising out of damage of the goods and shall also accept the full responsibility for non-delivery or

short delivery of the goods due to theft, pilferage, accident, fire or any acts of God.

2.2 “Balco” will also be entitled to compute the amount of loss suffered by “Balco” and entitled to be

reimbursed from the “CHA” under these provisions and the decision and determination by

“Balco” or its authorized representatives as to the reasons for such loss or as to the existence of

any acts or events such as riots, civil commotion or natural calamities as prescribed shall be final

and binding on the “CHA” and shall not be questioned in any court of law, or arbitration or

otherwise and the “CHA” do thereby irrevocably authorize “Balco” to set off and adjust such loss

or damage against the pending payments to the “CHA” and in the event of shortfall therein, the

“CHA” shall immediately upon a certificate issued by “Balco” pay the same to “Balco” without

any demur or objection.

2.3 The “CHA” shall be liable for any loss or damage to “Balco” employees, the “CHA s employees

or to any third party resulting from fire, leakage, negligence, explosion, accident or any other

cause in operating the said trucks at the time of loading, unloading and / or during transit and the

“CHA” shall indemnify and keep in indemnified “Balco” against any such loss or damage and

shall pay to “Balco” such amount as “Balco” may be called upon by law to pay. The “CHA” shall

remain at all times, liable and responsible to “Balco” for any loss or damage caused to any

building, plant and machinery or the property of “Balco” by any carelessness, negligence,

inexperience or willful fault of the “CHA” or his agent or by his employee of which “Balco”

alone shall be the sole judge. “Balco” shall be at the liberty to debit any cost of repair to loss or

damage to the account of “CHA”.

2.4 The “CHA” will make good to “Balco” any loss arising from:

2.4.1The confiscation by government or local authorities of any quantities of the said products

delivered to the “CHA” for transportation.

2.4.2Loading, unloading or in transit for reasons other than the natural calamities such earthquake,

cyclone, floods and lighting, riots or civil commotion and or accidents.

REF: BALCO/RM/CPC/CHA/IMPORT/2017-18

INFORMATION /DOCUMENTS TO BE PROVIDED WITH BID

Name of the Bidder

Legal status of the Bidder (i.e.

Proprietorship/Partnership, Public Limited

Company/Private Company)

Complete Address

Name, Address & contact details & contract

details of Key Contract

Persons/Directors/Partners

Details of Related Companies/businesses

where in the Directors/Proprietors are

common and their Turnover & Product

Range/Services

13

Major Clients and value of business with them

Name of the Banker

Total Manpower

a) Technical

b) Non-Technical

Escalation matrix for redressing the

complaint(s)

Attach copies of

a) Annual Report/Balance Sheet for last 3

financial years

b) PAN Number

c) SAC Number

d) GST Registration Number

e) Agreements with Top 5 clients.