CENTRAL COALFIELDS LIMITED ( A Subsidiary of Coal India Limited )

PURCHASE DEPARTMENT Darbhanga house : Ranchi 834 001 (Jharkhand) India

(PBX) 2360726, 2360687, Telex: 0625-201 Gram: COLCENT, Fax (91) 0651-2360198, E.Mail # hodmm@centralcoalfields.in

FORMAL ORDER BY REGISTERED POST No: 124:13:2:01:16:093 (Bucket Assembly of TATA Hitachi EX1200 Shovel) Dated: 05.10.2016

Item category Firm category Tender category Vendor Code

HEMM Spares & Assy Pvt. OGT 1/22/M/L/014 To M/s. TATA HITACHI CONSTRUCTION MACHINERY COMPANY LIMITED, Service HQ & Training Centre, Adjacent to SBI Telco Campus Branch, Jamshedpur - 831004, Tel: 0657-6572397 Email Id: rathinakumar.n@tatahitachi.co.in Sub: Supply of Bucket Assembly of TATA Hitachi EX1200 Shovel Ref: 1. Tender Sl. No. 072 2. This office Tender No. CCL/CM(P-II) /Bucket Assy. of TATA Hitachi EX1200

Shovel/124/2016 opened on 11.07.2016 (Tender ID:- 2016_CCL_38427_1). 3. Your online offer & online submission of shortfall documents through portal of M/s. NIC

(coalindiatenders.gov.in). Dear Sirs, With reference to the above, please arrange to supply the following material on the terms and conditions noted hereunder: 1. SCOPE OF SUPPLY:

Sl. No.

Material Code

Description/ Scope of Supply Part No. Qty. Unit Basic Price ( )

Extended Basic Price

( )

1 15532000961 6.5 Cu.M Standard Rock Bucket suitable for Tata Ex1200 Shovel.

TA 01003 01

(set) 38,90,000.00 38,90,000.00

Total 38,90,000.00

2. PRICE: The above price is firm and on FOR Destn. basis till completion of supplies in all

respect. 3. TOTAL BASIC ORDER VALUE: 38,90,000.00 (Rupees Thirty Eight Lakhs Ninety

Thousand) only. 4. JVAT: Will be paid extra as applicable. Present rate is 14%. Input Tax Credit shall be availed

by CCL. 5. EXCISE DUTY: Will be paid extra at applicable rates against documentary evidence.

CENVAT credit shall be availed by CCL. You are requested to submit E.D Invoice in the name of CCL containing all the information as required under Central Excise Rule.

6. PACKING & FORWARDING: NIL 7. FREIGHT & INSURANCE: NIL

NB: Any increase in taxes & duties beyond the stipulated delivery period will be to your account.

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8. DELIVERY PERIOD: Within 3 months from the date of issue of supply order on FOR

destination basis. 9. Paying Authority Consignee

The Area Finance Manager (R/S), The Depot Officer, Kuju Regional Store, Kuju 10. INSPECTION: Final inspection of materials shall be carried out at the consignee’s end by

the representatives of GM (Excv)/ Representative of SO(Excv) at area level before acceptance of materials

11. TERMS OF PAYMENT: (A) 100% payment shall be made by the Paying Authority within 21 days of receipt and

acceptance of materials or submission of bills, whichever is later. Payment will be made through E-payment. A copy of Bank details furnished by you are enclosed herewith (Annexure-I).

(B) Submission of Bill(s)/Documents(s): Following documents duly authenticated by you, wherever required should be submitted to the consignee:-

(a) Consignment note. (b) Challan (c) One copy of Bill (d) Copy of warranty certificate in original. (e) Lowest Price Certificate should be given on the body of each & every bill, certifying that the price charged for the materials are not higher than price applicable to other Govt. deptt., Undertaking including DGS&D (f) Certificate from the auditor of the supplier certifying that excise duty has been paid as per

prevailing excise rule, and Refund / Credit, if any obtained shall be passed on to the buyer (wherever excise duty is applicable).

(g) Any other documents specified in the order. Following documents duly authenticated by you, wherever required should be submitted to the Paying Authority. (a) 100% Bill(s) in triplicate duly pre-receipted and stamped. (b) Receipted challan to the consignee. (c) Copy of the consignment note and original warranty certificate. (d) Price Certificate. (e) Price Fall Clause. (f) Any other documents/statutory documents specified in the order.

The consignee after verification of documents and final inspection of the materials as per the order shall forward the DRR to the Paying Authority for arranging payments within the time specified.

CENVAT credit will be availed by CCL, for which Pre-receipted and stamped Excise cum Tax Invoice showing the amount of excise duty, education cess and secondary & higher education cess at applicable rates separately is required to be submitted. The Excise cum Tax Invoice must contain all the information as required under rule 11 of Central Excise Rule 2002. The Excise cum Tax Invoice must contain all the following information as required under rule 11 of Central Excise Rule 2002:- a) Registration no. of the Supplier. b) Address of the concerned Central Excise Division. c) Name of the consignee. d) Description of goods supplied. e) Tariff heading and sub headings f) Time and date of removal. g) Mode of Transport. h) Vehicle Registration number. i) Rate of duty. j) Quantity and value of goods, and duty payable thereon.

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You will have to certify on the body of each & every bill that the prices charged are not more than the prices applicable to other government deptt/undertakings including CIL and its subsidiaries & DGS&D.

13. LIQUIDATED DAMAGES CLAUSE: In the event of failure to deliver the stores within the stipulated date/period in accordance with the samples and/or specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, Central Coalfields Ltd. shall be entitled as its option either to enforce the following: i) To recover from the successful tenderer as agreed liquidated damages, a sum not

less than 0.5% (half percent) of the price of any stores which the successful tenderer has not been able to supply as aforesaid for each week or part of week during which the delivery of such stores may be in arrears limited to 10%. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the Materials Management Division.

ii) To purchase elsewhere, after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without cancelling the supply order in respect of the consignment not yet due for supply or

iii) To cancel the supply order or a portion thereof, and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also

iv) To extend the period of delivery with or without penalty as may be considered fit and proper, the penalty, if imposed shall not be more than the agreed Liquidated Damages referred to in clause (a) above.

v) To forfeit the security deposit full or in part. vi) Whenever under this contract a sum of money is recoverable from and payable by

the supplier, Central Coalfields Ltd. shall be entitled to recover such sum by appropriating, in part or in whole, by deducting any sum or which at any time thereafter may become due to the successful tenderer in this or any other contract. Should this sum be not sufficient to cover the full amount recoverable, the successful tenderer shall pay Central Coalfields Ltd. on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase.

14. SECURITY DEPOSIT: Exempted being OEM 15. ROAD PERMIT:

If required, the road permit may be obtained from the consignee. 16. TRANSPORTATION:

It is incumbent on the supplier to transport the contracted materials/supplies through registered common carriers only and documentation should be done as per provision of the carriage by Road Act, 2007. Any transportation of goods through unregistered common carries is illegal.

17. PRICE FALL CLAUSE: It will be a condition of the order that although the currency of the prices at which you shall supply the stores, shall not exceed the lowest price charged by you to any other agency including DGS&D. In the event of price going down, you shall promptly pass on such information to enable this Company to amend the ordered rate.

18. GUARANTEE/WARRANTY PARAMETER: You shall be fully responsible for manufacturer's warranty in respect of proper design, quality, workmanship, material composition, weight tolerance, finish dimension, the correctness of the parts and their proper fitment on the intended equipment. The item shall have guarantee of 12 months from the date of fitment on the equipment or 18 months from receipt and acceptance of material at consignee store, whichever is earlier.

19. WARRANTY REPLACEMENT: You have to submit an undertaking , that firm shall replace the defective material/ Prematurely failed material free of cost within 30 days upon receipt of intimation from the

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consignee subject to the normal joint inspection and on consignee store basis without any extra charge to CCL on account of freight etc.

20. FITMENT GUARANTEE: You have to submit a fitment guarantee certificate , that items quoted are exactly as per OEM part numbers & description given in the SOR in all respect and offered items shall fit in the intended equipment / Sub assembly without any modification and shall function as per OEM design & performance parameters.

21. IDENTIFICATION MARKS: The make / identification mark of the manufacturer must clearly be punched /engraved /embossed on each of the item at a visible place which is not subject to normal wear and tear for convenience of identification at any time.

22. AFTER SALES SERVICE: The manufacturer/ Supplier shall provide after sales & service and technical support as & when required .Free of Cost.

23. FORCE MAJEURE CLAUSE If the execution of the contract/supply order is delayed beyond the period stipulated in the contract/supply order as a result of outbreak or hostilities, declaration of an embargo or blockade, or fire, flood, acts of nature or any other contingency beyond the supplier's control due to act of God then Central Coalfields Limited may allow such additional time by extending the delivery period, as it considers to be justified by the circumstances of the case and its decision shall be final. If and when additional time is granted by Central Coalfields Limited, the contract/supply order shall be read and understood as if it had contained from its inception the delivery date as extended. a) The successful bidder will advise, in the event of his having to resort to this clause by a registered letter duly certified by the Local chamber of Commerce or Statutory authorities, the beginning and end of the causes of the delay, within fifteen days of the occurrence and cessation of such force majeure conditions. In the event of delay lasting out of force majeure CCL will reserve the right to cancel the contract and provisions governing termination of contract, as stated in the bid documents will apply. b) For delays arising out of force majeure, the bidder will not claim extension in completion date for a period exceeding the period of delay attributable to the causes of force majeure and neither CCL nor the bidder shall be liable to pay extra costs provided it is mutually established that force majeure conditions did actually exist.

24. SPECIAL INSTRUCTION: One copy of the challan and invoice showing dispatch details and other documents must be sent to this office and the Office of the GM(Excv)/HOD, CCL, Ranchi to know the dispatch particulars.

25. JURISDICTION: The Court at Ranchi in Jharkhand State only will have the jurisdiction to deal with and decide any legal matter or dispute whatsoever arising out of our contract.

26. ORDER ACCEPTANCE: Two copies of the order are being enclosed. One copy of the order may please be returned duly stamped and signed within 20 days from the date of supply order as a token of acknowledgement and acceptance of the contract, otherwise it will be presumed that you have accepted the contract for execution.

26. INTEGRITY PACT: You have signed Integrity Pact which is enclosed as Annexure-II. The name and address of Independent External Monitor for Integrity Pact enclosed against this order / contract is: Sri. Chaman Kumar (IAS Retd.),

Bunglow No. 80, New Moti Bagh,

New Delhi-110023

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All other terms & conditions will be as per the General terms and Conditions of the supply

of stores of Central Coalfields Limited. Yours faithfully,

FOR & ON BEHALF OF CENTRAL COALFIELDS LIMITED (Shailja Pathak) (A.K. Singh) Assistant Manager (P) Chief Manager (P) Enclosures:

1. Copy of E-Payment Mandate - ANNEXURE-I. 2. Integrity pact - ANNEXURE-II. 3. General Terms and Conditions of Supply of Stores (Annexure ‘A’ of the NIT)

Copy forwarded to:- 1. The General Manager (MM), CCL, Ranchi 2. The General Manager (Excv)/HOD, CCL, Ranchi 3. The General Manager (S&IC), CCL, Ranchi. 4. The Depot Officer, Regional Stores, Kuju 5. The Area Finance Manager, Regional Stores, Kuju – Please avail CENVAT credit & Input Tax

Credit as admissible. 6. The General Manager (F) (Op), CCL, Ranchi 7. Sr. Manager (System-P), CCL, Ranchi 8. Sri. Chaman Kumar, IAS (Retd.), Bunglow No. 80, New Moti Bagh, New Delhi-110023.

9. Master File/MIS Cell, CCL, Ranchi. 11. The GM(MM), CIL/BCCL/MCL/NCL/ECL/WCL/SECL (REGD. POST)

Note: Indent registration no. 124 dated 07.01.2016.

This issues with the concurrence of GM(F-Op) vide No. 16/0024185 dt. 23.09.2016 & approval of competent authority. Fund certified vide no. D/O/F/B.C./HEMM Spares (C-NP)/SB/16-17/28/24/185 dt. 27.09.2016 for Rs. 44,34,600.00. Assistant Manager (P) Chief Manager (P)

No: 124:13:2:01:16:093 (Bucket Assembly of TATA Hitachi EX1200 Shovel) Dated: 05.10.2016 ANNEXURE – I

Assistant Manager (P) Chief Manager (P)

No: 124:13:2:01:16:093 (Bucket Assembly of TATA Hitachi EX1200 Shovel) Dated: 05.10.2016

ANNEXURE – II INTEGRITY PACT

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No: 124:13:2:01:16:093 (Bucket Assembly of TATA Hitachi EX1200 Shovel) Dated: 05.10.2016

Assistant Manager (P) Chief Manager (P)

No: 124:13:2:01:16:093 (Bucket Assembly of TATA Hitachi EX1200 Shovel) Dated: 05.10.2016 ANNEXURE – III

Form- JVAT 504G

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Assistant Manager (P) Chief Manager (P)