po615pp

7/29/2019 PO615PP

1/23

()/ ()

Dy. Chief Engineer/P & D (PPs),Bhakra Beas Management Board

Plot No. 6-B, Sector 19-B, Madhya Marg,Chandigarh-160019 Tel Fax: 0172-5046571

E-mail [email protected]

615 ///398 08.07.2013

M/s Andritz Hydro Pvt. Limited, Fax No. 01275 -262161-16349/5, Mathura Road, VIII Prithla, Tehsil Palwal,District Faridabad -121003

(Haryana)

2645 /// 398 08.07.2013

: Procurement of Governor spares required for newly commissioned Micro Processor BasedDigital Electro Hydro Governors of Dehar Power House, Slapper against Specification No.249.

Ref:-1. Your E-mail offer dated 4.4.2013.

2. This office letter No 1398/ PHD/Dehar-398 Dated 10.4.13

3. Your office letter No. B-SR/Dehar/BBMB/AP/1252 dated 15.4.2013.

4 Your office letter No. B-SR/Dehar/BBMB/AP/1252 dated 17.4.2013.

5. Your office letter No. B-SR/Dehar/BBMB/AP/1252 dated 7.5.2013.

6. Minutes of meeting dated 20.6.2013 held between M/sAndritz Hydro Pvt. Limited and BBMB.

7. Letter of Intent dated 21.6..2013 issued vide memo No. 2450/PHD/ Dehar/398 dated

21.6.2013.

8. Your office letter No. B-SR/Dehar/BBMB/AP/1252 dated 24.06.2013 conveying acceptance of

Letter of Intent.

Dear Sirs,

With reference to the above mentioned communications, I am directed to place upon you a detailed

purchase order for procurement of Governor spares required for newly commissioned Micro Processor Based

Digital Electro Hydro Governors of Dehar Power House, Slapper at an order value of .44,49,460/- ( . Forty

Four Lac, Forty Nine Thousand, Four Hundred Sixty only) as per details given as per Annexure-I.

7/29/2019 PO615PP

2/23

615 ///398 08.07.20131.0 PRICES

The quoted prices are FIRM, ex-works M/s Andritz Hydro Pvt. Ltd. Faridabad inclusive of packing &

forwarding charges but exclusive of freight & insurance charges and all statutory taxes/duties levied

by Central/State Governments and Himachal Entry Tax/Octroi etc.. All such taxes, duties & cess shall

be payable extra at actuals as applicable at the time of supply but limited to contractual delivery

period.

2.0 TERMS OF PAYMENT

a) 10% of the total ex-works order value as advance against Bank Guarantee of equivalent

amount having validity upto contract period to be supplied by the firm within 3 weeks from the

date of receipt of purchase order. BBMB assured to release advance payment within 15 days

from the date of receipt of advance bank guarantee.( APPENDIX-I )

b) Balance 90% with full taxes and duties, freight & insurance charges shall be payable within 30

days after receipt of material at site in good condition and record entry by the consignee in

relevant GR/MB.

c) Bank charges are to be borne by the supplier.

3.0 DELIVERY PERIOD

The material shall be delivered within 16 weeks. However the affective date of delivery shall be

reckoned from latest of the following:-

a) The date of receipt of purchase order;

b) Receipt of advance payment against bank guarantee of equivalent amount provided that

the bank guarantee is submitted by the firm within 3 weeks from date of receipt of

purchase order.

4.0 PENALTY CHARGES

M/s Andritz Hydro agreed to penalty charges as per BBMB standard purchase procedure.

5.0 WARRANTY

M/s Andritz Hydro Pvt. Ltd. have agreed to Warranty for 18months from the date of dispatch of

material or 12 months from the date of commissioning whichever is earlier as per BBMB Purchase

Procedure as detailed inclause No. 8.0 ofAnnexure-III.

6.0 WARRANTY DEED

M/s Andritz Hydro Pvt. Ltd shall furnish Warranty Deed on the proforma attached asAppendix-II as per

clause 9.0 of Annexure-III of this Purchase Order.

7/29/2019 PO615PP

3/23

615 ///398 08.07.20137.0 PERFORMANCE BANK GUARANTEE

M/s Andritz Hydro Pvt. Ltd shall supply Performance Bank Guarantee on the proforma attached as

Appendix-II of the value of 10% of the contract to cover the satisfactory working of the material during

the period of warranty as per clause No.10ofAnnexure-IIIof this purchase order.

8.0 SECURITY DEPOSIT

The Earnest Money Deposit (EMD) amounting to .30,000/-, furnished by the supplier with their

tender shall be converted into Security Deposit as a guarantee for faithful and satisfactory execution of

Purchase Order upto Warranty period.

9.0 TEST & INSPECTION

BBMB agreed to depute their inspecting officer for inspection of material within stipulated time not

more than one month from the date of receipt of inspection call.

10.0 CANCELLATION OF PURCHASE ORDER

M/s Andritz Hydro Pvt. Ltd has agreed to this clause as per BBMB Standard Purchase Procedure.

However, willful delay by the contractor shall be justified.

11.0 DESPATCH INSTRUCTIONS

The material shall be despatched and consigned to the Sub-Divisional Officer, Stores & Transport Sub-

Division, BBMB (PW), Slapper, Distt. Mandi (HP) -174402under intimation to following offices:-

i) The Superintending Engineer, Dehar Power House, BBMB, Slapper Distt. Mandi

(HP) -175017

ii) Dy. Chief Engineer /P&D(PP)Dte., BBMB (PW) Plot No.6-B, Sector-19-B, Madhya

Marg,Chandigarh-160019.

iii) Resident Engineer, DPH, BBMB, Slapper Distt. Mandi (HP) -175017

iv) Sr. Accounts Officer , BBMB, Slapper Distt. Mandi (HP) -175017

The contractor shall notify the purchaser of all despatches giving all pertinent data (refer para

No.12.0) required for tracing of the despatch enroute to destination.

The material shall be despatched at the correct address of the consignee, if any consignment and /or

its relevant documents i.e. invoices, GR / LR etc. gets delayed due to incorrect address or destination

mentioned by the supplier, the additional expenses involved including demurrage, wharfage charges and delayin delivery shall be to the suppliers account.

7/29/2019 PO615PP

4/23

615 ///398 08.07.201312.0 METHOD OF RAISING INVOICES

i) Invoices for 10% payment alongwith taxes & duties, shall be prepared in pentriplicate out of

which original copy (duly stamped and pre-receipted) and one spare copy along with

despatch documents shall be sent to all concerned i.e. consignee, one copy of the same shall

be sent to the Sr. Accounts Officer, BBMB Slapper, Distt. Mandi (H.P.) one copy to

Superintending Engineer/Dehar Power House, Slapper and one copy to this office.

ii) Invoices for balance 90 % payment alongwith taxes & duties shall be prepared in pentriplicate

out of which original copy (duly stamped and pre-receipted) and one spare copy along with

despatch documents shall be sent to the consignee, one copy of the same shall be sent to theSr. Accounts Officer, BBMB, Slapper, District Mandi (H.P.)-174402, one copy to

Superintending Engineer, Dehar Power House Circle, BBMB, Slapper, District Mandi (H.P.)-

174402 and one copy to this office.

The supplier shall give at least 15 days notice before dispatch to the Sr. Accounts

Officer and the consignee so that necessary arrangements for the funds and unloading of the

material are made by them respectively.

iv) Payment shall be made by the paying Authority viz Sr. Accounts Officer, BBMB Slapper Distt.

Mandi (H.P.) on presentation of the relevant despatch documents through bank.

The despatch documents shall consist of:-

a) Copy of the invoice.

b) Certificate for Central Sales tax & Excise duty & Cess.

c) Copy of despatch authorization.

d) Lorry goods receipt.

13.0 BANK

State Bank of India,

BBMB Colony, Slapper, Distt. Mandi (H.P.)-175017

7/29/2019 PO615PP

5/23

615 ///398 08.07.201314.0 TRANSPORTATION, INSURANCE & HANDLING OF MATERIAL

The material shall be despatched through reliable Road Carriers duly insured and Freight pre-paid

basis.

The material would be dispatched through reliable road carriers, duly insured. Transit Insurance shall

be arranged by the supplier. The purchaser shall have the right to lodge claim/claims for shortages/damages

etc. if any during transit with supplier within 30 days of receipt of material. The settlement of such claims with

the underwriter shall be the responsibility of supplier. In such an event, the purchaser shall obtain an open

delivery certification from the railway/carrier.

No material shall be despatched without insurance, failing which it shall be at the entire cost and risk of the

supplier. Case involving loss in transit, wharfage and demurrage shall be taken expeditiously by the consignee i.e.

Sub-Divisional Officer, Stores Sub-Division, BBMB(PW), Slapper, Distt. Mandi, (H.P.)-174402 with the firm /road

transport.

15.0 OTHER TERMS AND CONDITIONS

Other terms & conditions shall be as per Annexure- II enclosed and to the extent modified by the

provisions outlined above.

Three copies of the purchase order are being sent to you. You are requested to acknowledge the receipt

of this purchase order and return one copy of the purchase order duly signed on all pages by your authorized

representative in token of its unconditional acceptance.

DA/ Annexure-I & II

Appendix-I to III / (),

,

7/29/2019 PO615PP

6/23

ANNEXURE-I

ORDER VALUE FOR PROCUREMENT OF SPARES FOR 6 NOS. MICRO-PROCESSOR BASED DIGITALELECTRO HYDRO GOVERNORS OF DEHAR POWER HOUSE SLAPPER

Sr.No.

Description/Broad Spec./Part List Sr.No. & Spec. Ref. No.

Qty. Unit Ex-works Priceincluding

packing &Forwarding

charges ( )

TotalEx- works Priceincluding

packing &Forwarding

charges ( )

Unit Freight& InsuranceCharges

( )

a b c d e f1 Processing &

communication module CP-2010 (Processing & Commun.Item No.BC2-010)

1 No. 138081.30 138081.3 6698

2 *Communicarion & processing moduleCP-2012 (Communication & ProcessItem No. BC2-012)

2 Nos. 136783.16 273566.32 3678

3 CM-2838 Conne forCP2012 CM-2838 Item BC2-838)

1 No. 14094.36 14094.36 3082

4 In put/ out put module one lot(Binary in put/ out put module) 1 Lot(Comprising9 items)

389869.7 389869.7 77237

5 Operator Consol (TouchPanel12")

1 No. 176741.62 176741.62 9900

6 Network switch 5 Port 1 No. 27959.36 27959.36 1643

7 Position indicator Guidevane (AH control AM031, 24 volts DCoperated 4 to 20 mA Input and theoutput with the front panel manualoutput adjustment)

1 No. 32557.84 32557.84 3172

8 Signal insulator (SI-1010L-XESignal insulator Frequency to RPM

Covertor)

1 No. 39244.06 39244.06 2451

9 220VDC, 240AC/ 24VDC,AC/DC DC/DC Converter (Powersupply (QUINTPS)

2 Nos. 20520.2 41040.4 1230

10 Frequency transducer(F-12, V9 F1 A91/ SelfPowered Input 45-55 Hz 110 V Output4-20 mA R- Max-500 Ohms)

1 No. 15782.6 15782.6 2186

11 MW Transducer(Power Transducer Aux 24 DC Input 11KV/ 11OV, 55 Hz, 10,000/5ACP=0.892, Output 4-20mA, R Max750 Ohms P=O to 170 MW)

1 No. 18974.84 18974.84 1599

12 TMQ Relay along with Socket andDiode (4 C/0 and 24 VDC Model:RXN412 G12 BD, 24 VDC)

1 set(comprisingof 25 Nos.)

32451.62 32451.62 1665

13 Module contractor 24 VDCTMQ 2N0+2NC(2N0+2NC CA3KN-22BD 24VDC Optd)

1 set(comprisingof 3 Nos.)

5819.54 5819.54 2289

14 Miniature relay Phonix with socket(2 C/0 24 VDC Optd Model PLC-RSCSeries)

1 set(comprisingof13 Nos.)

17860 17860 2347

15 Master trip (86 FT relay)Relay 24 VDC (2 coil with 4 NO and 4NC contacts Aux. supply 24 VDC ModelVAJ HM23 Size 1/2 D)

1 No. 11389.98 11389.98 2316

16 Guide vane position feed backtransducer (BTL-5-E10 SERIES)

1 No. 158772.58 158772.58 9812

7/29/2019 PO615PP

7/23

17 Servo ValveMooa Valve D-685)

1 No. 947847.12 947847.12 64879

18 4/2 Start-Stop solenoid valve/ DCvalve (4WE12D6X/OFEG24N9K4)

1 No 12121.30 12121.3 2068

19 Poppet valve (M4SED-6-22-X/

350CG24N9K4)

1 No. 110253.54 110253.54 9577

20 16 Port Network switch 1 No. 55919.66 55919.66 3285

21 Digital Pressure switch 2 Nos. 37350.9 74701.8 1688

22 Pilot Line Oil filter elements 4 Nos. 8743.88 34975.52 495

23 Logic elements 1 set(comprisingof 4Nos.)

1219979 1219979 28530

24 Pressure gage AssemblyEN 837-1(Outer scale 0-70 kg/em Sq. inner(scale 0 to 1000 PSI Dia: 100 mm)

1 set(comprisingof 3Nos.)

12684.36 12684.36 3075

25 Pressure line filter elements 1 set(comprisingof 2Nos.)

135548.94 135548.94 4426

26 Speed sensor for Govemor with straightconnector (A5S08B48Length 48 mm, Thread M 18x1 usedwith 24 DC volts I

2 Nos. 65406.14 130812.28 4085

27 Speed sensor for speed monitor withstraight connector(10 K 74639-M 12-NPNN0-2 MM -10-30 Volt DC250mm (M12, E2A Series))

2 Nos. 18722.92 37445.84 1221

28 Mechanical speed switch assembly withelectrical & hydraulic control

1 No. 3699.84 3699.84 1525

29 Timer (A1X1 Universal Type) 1 set(comprisingof 3 Nos.)

12791.52 12791.52 3076

30 Bus interphase module CM- 0843(CM-0843 AX1703 Bus INFITM No.GAD-843)

1 No. 22569.40 22569.4 1616

31 Speed monitor indicator Excella SM-01-24 type)

1 No. 46934.20 46934.2 3242

32 220 VDC/24 V DC, DC/ACconverter for Network switch(Power supply (QUINTPSl))


55415.82 55415.82 2530

33 Patch plug(CM 2860 ITM No.CA2- 860-B)

10 Nos. 639.20 6392 154

34 Patch plug press tool 1 No. 1760.62 1760.62 762

35 Power supply module forAK 1703 PS 5620 (PS 5620 Powersupply 24-60 VDC/ 80 Watt ITM BC5-620)


133401.04 133401.04 6676

GRAND TOTAL 4449459.92

Say ( ) 44,49,460.00

( . FOURTY FOUR LACS FOURTY NINE THOUSAND FOUR HUNDRED SIXTY ONLY)

7/29/2019 PO615PP

8/23

Annexure-II

TERMS AND CONDITIONS GENERALLY APPLICABLE TO PURCHASE ORDER SUBJECT TO

MODIFICATIONS/ PROVISIONS IN THE MAIN PURCHASE ORDER i.e.. PROVISION IN THE

PURCHASE ORDER WHERE EVER COMMON SHALL HAVE PRECEDENCE OVER THESE

CONDITIONS

Tender Id : 14238 Tender No : N.I.T. No.335/PHD/Dehar/398

Due Date & Time : 02/04/2013 14:30 Opening Date & Time : 04/04/2013 11:00

Department : Dir/P&D (PP)

Brief :Online Tender for procurement of spares for Micro Processor Based Digital Electro Hydro Governorsof Dehar Power House, Slapper District Mandi (H.P)

Tender DetailComparative Report : TERMS AND CONDITIONS OF PURCHASE ORDER - SECTION I-B

Sr.No.

DescriptionBidderResponse

Bidder Remarks

1

DELIVERY1.1 Delivery PeriodSupply of items as stipulated in this contract shall becompleted by supplier within 16 weeks from the date ofreceipt of technically and commercially clear order. Thetechnical clearance of the P.O. will be deemed from oneweek time for postal transit in case of outstation lettersand three days in case of local letters. In case the supplieris unable to complete whole or any item of supply withinstipulated period, for recognized reasons of 'ForceMajeure' mentioned in clause 2 below, he shall beresponsible to furnish well in time sufficient documentaryevidence to the satisfaction of the purchaser to prove theexistence of conditions mentioned in the Clause 3, so asto justify grant of extension by the purchaser of the'Delivery Period' mentioned above. Such extension will begranted by the purchaser for the period for which thecompletion of supply is proved, by the supplier, to havebeen delayed for the said reasons due to 'Force Majeure'.In case of delay in delivery, the despatches shall be madeonly after obtaining written consent of the purchaser.

The bids of the suppliers not conforming to BBMB's

prescribed delivery schedule shall be loaded in line withthe penalty clause as detailed in clause No. 3.0 below i.e. % of the Ex-works price per week of delivery periodquoted in excess of that prescribed, subject to a maximumof 10%.

Yes

The delivery period of 16 Weeksis acceptable to you. However,the effective date shall be latestof the following:a) The date of receipt ofpurchase order ;b) Receipt of advance paymentagainst bank guarantee ofequivalent amount provided thatthe bank guarantee submitted bythe firm within 3 weeks from thedate of receipt of purchase order.

-

1.2 Extension of Delivery PeriodAny genuine delay in approval of technical details,drawings, issuance of amendment of purchase order,conducting inspection and approval of inspection tests/testcertificates for allowing despatches, etc. will count towardsextension of delivery period by corresponding period otherthan admissible under Force Majeure conditions, if any,substantiated by the supplier and duly accepted by thepurchasing authority. Date of delivery shall be taken as 7th

day after the date of readiness of material for inspection incase of purchase orders up to Rs. 5 Lac and 14th day

Yes Noted

7/29/2019 PO615PP

9/23

after the date of readiness of material in case of purchaseorder more than Rs. 5 Lac provided the material offeredpasses the inspection and proof of dispatch of materialwithin seven days of the receipt of dispatch authorizationand road permit (wherever required) is given by thesupplier. In case, however, the material fails duringinspection at the works/site, as the case may be, eitherfully or partially or the material is not ready for inspectionwhen the inspector visits the works for inspection, the re-inspection charges shall be recovered from the firm. Thedate of readiness of the material in this case will bereckoned with reference to the date from which thematerial/equipment is offered to be ready for the re-inspection provided the material passes the inspection thatfollows the offer. The road permit shall be supplied by theconsignee expeditiously to ensure the timely dispatch ofmaterial. In case the material is not dispatched within 7days of the receipt of dispatch authorization and the roadpermit (wherever required) date of delivery shall be takenas date of receipt of material by the consignee atsite/store.

2

FORCE MAJEUREThe supplier shall not be liable for any penalty chargesdue to the delay in manufacture or delivery of materialresulting from any causes beyond the company'sreasonable control including but not limited to compliancewith regulations, orders or instructions of Central/State orMunicipal Govts. or Agency thereto, acts of God, acts ofcivil and military authorities, fires, floods, strikes, lockouts,freight embargoes, war risks, riots and civil commotion's.

The supplier will seek extension of delivery period withinthree weeks of occurrence of such an event and clearlystate the anticipated delay in supply on account of such anevent/events. On receipt of such a request from thesupplier, extension in the delivery period may be granted

for the period for which the completion of work is provedby the supplier to have been delayed for circumstancescovered by reasons of Force Majeure subject to the furthercondition that if the delivery period is likely to be extendedby more than sixty days on account of any event, thepurchaser shall have the option to accept any portion ofthe balance material and cancel the order for the restprovided, however, that if any material had beenmanufactured exclusively for the purchaser under thecontract prior to the commencement of Force Majeurecircumstance, it shall be accepted by the purchaser andthe cancellation will be without any liability for damage onthe part of the supplier and without any payment of thecompensation by the purchaser.

Yes Noted

3

PENALTY CHARGESIf the supplier fails to abide by the provisions of clause'Delivery Period', he shall be liable to pay @ % per weekor part thereof of the ex-works delivery price excludingtaxes and duties (but including freight and insurancecharges where break-up of FOR destination price is notavailable) of such portion of material as has not beendelivered within the 'Delivery period' subject to maximumof 10% of the contract value of the delayed/ undeliveredportion of the material.

Yes Agreed

4

TERMS OF PAYMENTa) 100% payment along with taxes within 30 days after thereceipt of material at site in good condition and according

to specification, physical verification and record entry bythe consignee in the relevant GR/MB.

Yes

a) 10% of the total ex-worksorder value as advance againstbank guarantee of equivalentamount having validity upto

contract period to be supplied bythe firm within 3 weeks from the

7/29/2019 PO615PP

10/23

date of receipt of purchase order.BBMB assured to releaseadvance payment within 15 daysfrom the date of receipt ofadvance bank guarantee.

b) Balance 90% with full taxesand duties, freight and insurancecharges shall be payable within30 days after receipt of materialat site in good condition andrecord entry by the consignee inrelevant GR/MB.c) Bank charges are to be borneby the supplier.

- b) Bank charges will be borne by the supplier. Yes Noted

- c) Income Tax will be deducted as applicable Yes Noted

5

NEGLIGENCEIf the supplier neglects to execute the work with duediligence and expedition or refuses or neglects to comply

with any reasonable orders given in writing by thepurchaser in connection with purchase order or shallcontravene the provisions of the Purchase Order, thepurchaser may give 21 days notice in writing to thesupplier to make good the failure, neglect or contraventioncomplained of and should the supplier fail to comply withthe notice within a reasonable time from the date ofservice thereof, in case of failure, neglect or contraventioncapable of being made good, within that time or otherwisewithin such time as may be reasonably necessary formaking it good, then and in such case the purchaser shallbe at liberty to take the work wholly or partly out of thehands of the supplier and re-contract at reasonable pricewith any other person or persons. In such an event, it shall

be lawful for the purchaser to retain any such balancewhich may otherwise be due by him to the supplier on anyaccount including the amount of Bank Guarantee andapply the same towards the execution of whole or balanceof the work so re-contracted, as aforesaid. If no suchbalance is due by the purchaser to the supplier or, if due,is not sufficient to cover the amount thus recoverable fromthe supplier, it shall be lawful for the purchaser to recoverthe whole or balance of the amount from the supplier bythe action of the law.

Yes Noted

6

BANKRUPTCYIf the supplier shall commit any act of the bankruptcy orbeing a corporation commences to be wound up exceptfor reconstruction purposes, or carry on its business under

a receiver, the executors, successors or otherrepresentative(s) in law of the estate of the supplier or anysuch receiver, liquidator, or any person(s) in whom thecontract may become vested, shall forthwith give noticewhereof in writing to the purchaser and shall for onemonth, during which the supplier shall take all reasonablesteps to prevent stoppage of the work, have the option ofcarrying out the contract subject to the supplier providingsuch Guarantees as may be required by the purchaser butnot exceeding the value of the work for the time beingremaining unexecuted. In the event of stoppage of thework, the period of the option under this clause shall befourteen (14) days only. Provided that, should the aboveoption not be exercised, the contract may be terminated

by the purchaser by notice in writing to the supplier andthe same powers and provisions reserved to thepurchaser in the last preceding clause of taking the work

Yes Noted

7/29/2019 PO615PP

11/23

out of the supplier's hands shall immediately becomeoperative.

7

REPLACEMENT OF REJECTED MATERIAL7.1 Material found damaged, sub-standard, defective ornot conforming to the prescribed specifications in anymanner, at the consignee's end, shall not be accepted and

an intimation to this effect shall be given to the supplierand the purchaser by the consignee. The supplier shallrectify or replace the defective / sub-standard materialforthwith and in any case, within a period of 60 days fromthe date of intimation of rejected supplies. If the supplierfails to rectify or replace the defective/ sub-standardmaterial or make good the damages within the periodspecified above, the balance payment/ Bank guarantee asthe case may be, shall be with-held until the defectivematerial has been replaced by or the advance paymentmade in respect thereof refunded by the supplier. Thepurchaser shall reserve the right to get the defects/damages rectified at the supplier's cost or to dispose offsuch material and adjust the sale proceeds thereof, if any,against its claim on supplier. The cost of rectification orbalance of purchaser's claim against the supplier shall beadjusted from the supplier's pending dues and/ or securitydeposits against this or any other contract in force and thebalance of the cost/ claim shall be recovered from thesupplier by action of the law. All expenses involved in thereplacement by way of handling, transportation, storageetc. shall be on supplier's account.7.2 In respect of the defective, sub-standard supplies, thedate on which such a supply is replaced, shall bereckoned as the effective date of delivery there againstand the delay shall be worked out accordingly withreference to the date on which the supply was due as perthe terms of purchase order, for the purpose ofdetermining penalties/charges recoverable under Clause-3

above.7.3 The provisions of sub-clause (i) and (ii) above shallapply, mutatis mutandis, to the material found substandardor defective during the period of warranty.

Yes Noted

8

WARRANTYThe supplier shall be responsible to replace free of cost,with no transportation or insurance cost to the purchaserup to the destination, the whole or any part of thematerial/equipment which in normal and proper useproves defective in quality or workmanship, subject to thecondition that the defects is noticed within twelve monthsfrom the date the material/equipment is commissioned/putto by the end user or 18 months from the date of dispatchwhichever period may expire earlier. The consignee or any

other officer of the purchaser actually using thematerial/equipment will give prompt notice of each suchdefect to the supplier as well as the purchaser. Thereplacement shall be effected by the supplier within areasonable time but not in any case exceeding 60 days,from the date of intimation of defects. The supplier shallalso arrange to remove the defective supply within areasonable period, but not exceeding 60 days from thedate of issue of the notice in respect thereof, failing whichthe purchaser shall reserve the right to dispose off thedefective material/equipment in any manner as consideredfit at the sole risk and cost of the supplier. Any saleproceeds of the defective material/equipment aftermeeting the expenses incurred on its custody, disposal,

handling etc. shall, however, be credited to the supplier'saccount and set of against any outstanding dues of thepurchaser against the supplier.

Yes

After Purchaser actually using thematerial/equipment will giveprompt notice Please Add butwithin 5 days of such occurrenceAfter of each such defect to thesupplier Please ADD in writing.After ?Any sale proceeds of thedefective material/equipmentafter meeting the expenses

incurred on its custody, disposal,handling etc. shall, however, becredited to the suppliers accountand set of against anyoutstanding dues Please add ofthis contract of the purchaseragainst the supplier After In casethe material/equipment is againfound to be defective within aperiod of 12 months of itsreplacement, it shall also have tobe replaced Please add /repairedsimilarly.We confirm our acceptance towarranty as per clause-8 of

Terms and Condition ofPurchase Order.

7/29/2019 PO615PP

12/23

These provisions shall also equally apply to the replacedmaterial/equipment. In case the material/equipment isagain found to be defective within a period of 12 months ofits replacement, it shall also have to be replaced similarly.

9

WARRANTY DEEDThe supplier shall execute a Warranty Deed (on the

Standard Proforma to be supplied by purchaser), on anon-judicial stamp paper required for such deeds as perthe relevant act of the State in which it will be executedand signed and shall be kept valid for the Warranty periodas per Clause-8 above. The Warranty Deed shall besupplied immediately after placement of purchase order.

Yes Noted

10

PERFORMANCE BANK GUARANTEEThe supplier shall furnish a Performance Bank Guarantee(on the Standard Proforma to be supplied by purchaser) ofthe value of 10% of the contract to cover the satisfactoryworking of the material during the period of Warranty asper Clause-8 above and it shall also be kept valid till suchtime any claim of the purchaser is pending against thesupplier. The Performance Bank Guarantee shall be

furnished by the supplier one month before thecommencement of delivery.

Yes Noted

11

TESTS & INSPECTION

11.1 Standard Tests

All the equipment/material shall comply with therequirements of the 'Type Test' (Type test certificate shallbe submitted with tender) & shall be subjected to theRoutine Tests stipulated in the relevant standards atsupplier's laboratories without any extra charges to thepurchaser's account.

Yes

BBMB agreed to depute theirInspecting officer for inspection ofmaterial within stipulated time notmore than one month from thedate of receipt of inspection call.

-

11.2 Intimation of Inspection

The purchaser reserves the right to send hisrepresentative at any time for carrying out /witnessinginspection/ tests on the material during the manufacturer/completion at the works of the supplier. The supplier shallintimate 15 days in advance to the purchaser, the placeand probable date on which the manufacture ofequipment/material is likely to commence to enable him tomake arrangements for inspection during manufacture andwitnessing tests. The contractor shall ensure to providenecessary facilities for inspection/tests.

Yes

11.3 Access to the manufacturer's works

The inspector to be deputed by the purchaser shall haveat all reasonable times, access to the manufacturer'spremises/works and shall have the right to examineworkmanship and the material during the course ofmanufacture. If part of the material is being manufacturedat other premises, the supplier shall obtain for theinspector, permission to inspect as if at the manufacturer'spremises.

Yes

Purchaser may come forinspection if any, as perinspection time schedule given bysupplier. Please note the cost ofBBMB personal visit including butnot limited to transportation,accommodation etc shall beborne by BBMB while carryingout the inspection.

-11.4 Tests on completion of manufacture

When the material is ready for final tests, the supplier shallgive to the purchaser notice of its being so ready for

Yes Noted

7/29/2019 PO615PP

13/23

inspection and the purchaser's representative(s) shallattend the manufacture's premises for inspection andwitnessing the routine/acceptance tests within 15 days ofthe receipt of notice from the supplier. In case therepresentative(s) of purchaser finds on arrival at supplier'spremises that the material was not ready for inspectionand notice given was infructuous, the expenditure incurredby the purchaser on arranging for such inspection shall berecovered from the supplier.

-

11.5 Certificate of Tests & Inspection

When the tests and inspection have been satisfactorilycarried out by the Inspector (purchaser's representative) atthe manufacturer's premises, the test certificates of eachbatch of supply shall be submitted in sixtriplicate by thesupplier to the Planning & Design (Power Plant)Directorate, BBMB(PW), Plot no. 6 B, Sector 19 B,Chandigarh - 160019 for approval. The purchaser shallthen convey approval of Test Certificates and issuedispatch authorization. The inspected material shall thenbe dispatched by the supplier according to the dispatchinstructions given under the contract, within 7 days fromthe date of receipt of dispatch authorization. In case thematerial is not dispatched by the supplier with in sevendays of the receipt of dispatch authorization, the deliverydate will be considered as the date of actual receipt of thematerial at site. The issue of the dispatch authorizationshall not, however, relieve the supplier of his responsibilitytowards proper quality and Performance of materialordered.No material shall be dispatched without prior inspectionand approval of test certificates and issue of dispatchauthorization from the purchaser, unless otherwise

directed by the purchases to do so.

Yes Noted

-

11.6 Material destroyed during testMaterial destroyed during tests shall not be countedagainst quantities to be supplied against the contract andno payment whatsoever shall be made for such material.

Yes

After Material destroyed duringtests shall not be counted againstquantities to be supplied againstthe contract and no payment?please add ?for the reasonsattributable to supplier

Our request is very reasonablewe therefore request BBMB toaccept.

-

11.7 Consignee's right of rejectionNotwithstanding any approval which the Purchaser mayhave given in respect of the material, it shall be lawful forthe consignee to reject the material or any part thereof onbehalf of the purchaser within a reasonable time afteractual receipt thereof by him if the material or any partthereof is not in conformity with the terms and conditionsof the contract whether on account of any loss,deterioration or damage before dispatch/delivery or duringtransit and the supplier shall be responsible forrectification of all defects noticed by the consignee afterreceipt of material and follow up all the related claims withthe insurance company, etc.

Yes Noted

-

11.8 Submission of Inspection Test Reports withdispatch documentsA photocopy of the Inspection/Test reports

signed/approved by the purchasing authority as per sub-clause 11.4 & 11.5 above or of letter conveying approvalof Test Certificates and dispatch authorization shall be

Yes Noted

7/29/2019 PO615PP

14/23

attached by the supplier to the letter forwarding thereceipted goods challan. However, if the inspection iswaived off by the purchaser, the supplier shall attach acopy of the purchaser's letter waiving off inspection withthe Receipted goods challan.

12

TRANSPORTATION, INSURANCE & HANDLING OF

MATERIAL i) The supplier shall be responsible for transportation,handling and insurance of the material up to thedestination station as per dispatch instructions. Thematerial shall be dispatched only by Rail/Road 'FreightPre-paid'. The purchaser shall have the right to lodgeclaim/claims for shortages/damages etc. if any duringtransit with the supplier within 30 days of receipt ofmaterial. The settlement of such claims with theunderwriter shall be your responsibility. In such an eventthe purchaser shall obtain an open delivery certificationfrom the railway/ carrier.ii) The supplier shall be responsible for insurance oferection & commissioning for the total contract valueagainst all risks with no exclusions whatsoever.

Yes

Please delete clause (ii) as thescope is only for supply of sparesand not erection &commissioning

13

ARBITRATIONIf at any time any question, dispute or differencewhatsoever, shall arise between the purchaser and thesupplier, upon or in relation to or in connection with thepurchase order either party may forthwith give to the other,notice in writing of the existence of such question, disputeor difference and the same shall be referred to award totwo Arbitrators, one to be nominated by the purchaser andthe other be nominated by the supplier or in the case ofthe said Arbitrators not agreeing, then to the award of anumpire to be appointed by the arbitration in writing beforeproceeding with the reference and the decision of theArbitrators, or in the event of their not agreeing, of theumpire appointed by them, shall be final and binding onthe parties and the provisions of the Indian Arbitration Act,1996 and of the rules thereunder and any statutoryamendment/modification or re-enactment thereof, for thetime being in force, shall be deemed to apply to and beincorporated in the contract.Such a notice of the existence of any question, dispute ordifference in connection with contract shall be served byeither party within 180 days of the issue of receipt by theconsignee for each consignment, failing which all rightsand claims under this contract shall be deemed to havebeen forfeited and absolutely barred.

The work under the purchase order shall, if reasonablypossible, continue during the Arbitration proceedings andno payment due or payable by the purchaser shall be

withheld on account of such proceedings.

Yes Noted

14

CANCELLATION OF PURCHASE ORDERThe purchaser shall have the right to amend or cancel theorder at any time before the receipt of intimation regardingmanufacturing of material, if he is satisfied that the delayin execution of the order by the supplier is willful anddetrimental to the interest of the purchaser. In case whereafter the commencement of manufacture, there is a willfuldelay on the part of the supplier to themanufacture/dispatch of the material, the purchaser maycancel the order for whole/unexecuted portion after givinga notice of 15 days to the supplier.

Yes

In the event ofCancellation/termination byBBMB for its requirement thenBBMB shall reimburse to thecontractor all reasonablepayments such as, but not limitedto contract price attributable tothe supplies made or workscompleted or of any otherinventory whether at site or at thecontractor / contractor?s sub-vendors works. BBMB shall alsoimmediately return all the

securities/bank guarantees toContractor.

7/29/2019 PO615PP

15/23

We accept tender clausehowever the willful delay bythe contractor should bejustif ied.

15

JURISDICTION OF COURTIn case of any dispute between the parties, the Courts at

Chandigarh only shall have the jurisdiction to settle/decideand adjudicate upon such matters. Before approaching thecourt of law, any dispute or difference arising inconnection with the contract shall be referred by eitherparty for arbitration in accordance with Clause-13 above.

Yes Noted

16

MATERIAL AND WORKMANSHIPAll material used in the manufacture of equipment shall beof the best quality obtainable of their respective kinds andthe whole of the work shall be of the highest class, wellfinished and of approved design and make. Castings andwelding shall be free from blow holes, flaws ,cracks orother defects and shall be smooth, close grained, and oftrue forms and dimensions. All machined surfaces shall besmooth finished.

Yes Noted

17

INTER- CHANGEABILITYCorresponding parts of Plant and Equipment shall bemade to gauge or jig and shall be inter-changeable inevery respect.

Yes Noted

18

EXCISE DUTY & CENTRAL SALES TAX/STATE SALESTAX AND OTHER DUTIES/TAXESA) Central Sales Tax/State Sales TaxThe Central Sales Tax/State (Punjab, Haryana, HimachalPradesh) Sales Tax will be paid extra (at concessionalrate against form 'C') at the actual at the rates prevailing atthe time of delivery but limited to rate prevailing within thecontractual delivery period as per Clause-1 above. Thesupplier shall furnish original vouchers and/or followingcertificates duly recorded on the invoices and signed by

the supplier:-i) Certified that the transaction, on which Sales Tax hasbeen claimed, has been/shall be included in the returnsubmitted /to be submitted to the Sales Tax Authorities forthe assessment of the Sales Tax and the amount claimedfrom the purchaser has been/shall be paid to Sales TaxAuthorities.ii) Certified that the goods on which Sales Tax has beencharged have not been exempted under the Central Sales

Tax Act or the rules made there under and the charges onaccount of Sales tax on these goods are correct under theprovisions of the relevant act or rules made there under.iii) Certified that we shall indemnify the purchaser in caseit is found at a later stage that wrong or incorrect payment

has been recovered on account of the sales tax paid byus.iv) Certified that we are registered as a dealer under theCentral Sales Tax in the State of __________ and ourRegistration No. is ____________for the purpose of salestax.

Yes Noted

-

B) Excise DutyThe payment of the Statutory excise duty will be madeextra at the rates given in the supplier's quotation subjectto furnishing of actual proof of payment having been madeby the supplier to the Excise Department but limited to therates prevailing within the contractual delivery period asper Clause-1 above. The supplier shall also furnish thefollowing certificates duly recorded on the invoices and

signed by him while claiming payment of Excise Duty:-i) Certified that the sum of Rs---------.(Rupees --------.)

Yes Noted

7/29/2019 PO615PP

16/23

towards excise duty has been paid to the Central ExciseAuthorities towards dispatch 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 at the prevailingrates and no part of the same is refundable. In case, anyexcise duty paid on this material, is refunded to thesupplier, it will be passed on to the purchaser.iii) Certified that the goods, on which Excise duty has beencharged, have not been exempted under the CentralExcise Duty and the Central Excise Duty charged on thesegoods is not more than what is payable under theprovisions of the relevant act or rules made there under.iv) Certified that we shall indemnify the purchaser in caseit is found at a later stage that wrong or incorrect paymenthas been recovered on account of Excise Duty paid by us.

-

C) Octroi and other duties/taxesOctroi and other duties/taxes, if leviable on the finishedgoods at the station of dispatch at the time of supply shallbe paid as per actual subject to production of originalpayment documents and subject to the rates prevailingwithin the contractual delivery period as per Clause-1above, if the same have not been included in the quotedprices. To avoid any complication, with regard to octroi atthe destination station, the material shall be dispatched inthe name of consignee and not to self. However, Octroicharges as applicable at the destination station shall beborne by the purchaser.

Yes Noted

-D) Income Tax & Work Contract Tax:-Income tax and work contract tax, if applicable, shall bededucted at source by paying authority.

Yes Noted

-

E) Service TaxService tax as applicable at the time of execution of the

contract/ work subject to rates prevailing within contractualdelivery period shall be paid by the purchaser.

Yes Noted

19

PACKINGAll apparatus and equipment shall be securely wrapped,packed and crated for correct and direct dispatch to thedestination site and safe delivery at destination and thesupplier shall be responsible for all losses or damagescaused or occasioned, due to improper or defectivepacking during transit and handling and storage tillcommissioning. Double boxing to give extra protection tothe equipment against mechanical injury shall be used, ifrequired. The packing should be within the size/weightlimitations as imposed by the carrier.All parts requiring protection from moisture including

polished parts which rust rapidly, shall be double boxedwith trapper or in such other approved manner. All partssuch as, parts containing coils for electrical machines,instruments, relays, meters, gauges, indicators etc.requiring utmost protection against moisture shall bepacked in metal lined sealed boxes with trapper or sisalcraft paper or any other approved material insertedbetween the metal lined box and the outer layer of boxing.All boxes and crates shall be indelibly marked withpurchase order number and other consignee details,volume, weight and also with signs indicating the up anddown sides of the boxes and also unpacking instructionsconsidered necessary by the supplier. The packing listshould also be enclosed in the waterproof envelope in the

respective boxes.The contents of the boxes shall have place markscorresponding to the number in the packing list to enable

Yes Noted

7/29/2019 PO615PP

17/23

easy identification.No parts of any kind should be put inside packing of largerparts. All heavy parts should be so packed / transportedso as there is no difficulty in attaching the slings.An approved drying agent be used to protect the packagesfrom moisture/humidity.

20

TRAININGThe supplier shall provide facilities for training of thepersonnel to be deputed by the purchaser at their worksand/or design office. The schedule of completion of designworks and schedule of manufacturer of equipment underthis contract or similar equipment to be manufactured atthe works shall be intimated by the supplier well in time, sothat the purchaser may at his option depute one or twopersons for training to facilitate subsequent handling anderection of the equipment to be received. The trainingshall be arranged in such a way that the personnel undertraining shall be acquainted with the handling and erectionof the equipment. The period of training shall not exceedone month. All expenses in respect of 'to and from'traveling charges to the manufacturer's premises and allexpenses, the boarding and lodging of the trainee(s) shallbe borne by the purchase.

Yes Noted

21

SIGNING OF PURCHASE ORDERThe supplier will be furnished with three copies of thepurchase order. Two copies shall be retained by thesupplier and the third copy of purchase order will bereturned by the supplier to the purchaser after signingeach and every page of the P.O by his authorizedrepresentative in token of the unconditional acceptance ofthe purchase order. The supplier shall also furnishdocumentary proof evidencing that the signatory is anauthorized representative of the supplier.

Yes Noted

APPENDIX-I

PERFORMA OF BANK GUARANTEE FOR OBTAINING ADVANCE 10% PAYMENT AGAINST DESPATCHDOCUMENTS (TO BE EXECUTED ON THE APPROPRIATE VALUE OF NON-JUDICIAL STAMP PAPERS)

This Agreement is made this ____day of _____between M/s (Bankers name), through(Designation) of person signing the Bank guarantee on behalf of the Guarantor) a companyregistered under the Companies Act, 1956/Banking Statute/a body corporate constituted under theBanking Companies (Acquisition and transfer of Undertakings) Act V of 1970 having its registeredoffice at ___________(hereinafter called the guarantor which expression shall unless repugnant tothe context or meaning thereof, include its successors and assigns) of the first part M/s

__________(suppliers name) through (Designation of the person signing the Bank guarantee onbehalf of the supplier), a company registered under the Companies Act, 1956 having its registeredoffice at _________(hereinafter called the Supplier which expression shall unless repugnant to thecontext or meaning thereof include its successors and assigns) of the second part and the BhakraBeas Management Board, through Chief Engineer/System Operation a statutory body constitutedunder Section 79 of the Punjab Reorganisation act, 1966 (hereinafter called the Purchaser whichexpression shall unless repugnant to the context or meaning thereof include its successors andassigns) of the third part.

Whereas the supplier had, interalia, agreed to supply to the purchaser____(hereinafter called

as the said equipment) on the terms and conditions contained in the Purchase Order

7/29/2019 PO615PP

18/23

No._______dated_______ (hereinafter called the said purchase order placed by the purchaser onthe supplier and unconditionally accepted by the supplier.

And whereas under clause ______of the said purchase order the supplier is required tofurnish a bank guarantee for a sum not less than ____% of the contracted value prorata of each ofthe consignment(s) of the said equipment on account of retention money, which but for this

guarantee would be withheld by the purchaser till such time that the said equipment is received atsite in good condition and in accordance with the specification of the same, and also till such timethat any claim of the Purchaser is pending against the supplier, to guarantee the payment of theretention money on bills submitted against supply of ________(quantity) of the said equipment onorder from time to time upto a maximum amount of the sum ofRs.______(Rupees___________________________________)

And whereas at the request of the supplier the purchaser has agreed not to retain _____% ofthe contract price prorata of each consignment(s) and in lieu thereof to accept a bank guaranteefrom the Guarantor as a Guarantee for the aforesaid purchases for the due performance of the saidpurchase order by the said supplier on the terms and conditions herein contained.

Now this deed, therefore, witnesseth and it is hereby agreed by and between the parties

hereto as follows:-Guarantor hereby guarantees to the purchaser the quality, workmanship and design of the

said equipment in accordance with the prescribed specifications and the terms of the said purchaseorder and agrees to indemnify and keep indemnified the purchaser to the extent ofRs._______(Rupees___________________only) in the aggregate against all losses, damages,costs, charges and expenses which may be suffered or incurred, by the Purchaser on account ofany defect in the said equipment or on account of any breach on the part of the supplier of any ofthe terms and conditions of the said purchase order in the supply of the said equipment. Theguarantor further agrees that the purchaser shall be the sole judge whether the supplies have beenmade according to the prescribed specifications, design and workmanship as laid down in the saidpurchase order and whether the supplier had committed breach or breaches of any of the terms andconditions of the said purchase order and the extent of loss/damages, cost, charges or expensessuffered or incurred by the Purchaser on account thereof and the Guarantor shall immediately onreceipt of any claim or claims from the Purchaser pay to the Purchaser to the extent of the amountof Rs.______(Rupees__________)and the supplier shall not have any right to interfere. The right toget the bank guarantee encashed shall rest with the Purchaser solely at his discretion withoutassigning any reasons whatsoever.

The Guarantor further agrees that this guarantee shall remain in full force and effect for_____days from the date of its issue in the first instance and shall be revalidated subsequently tocover the required period as per clause_____ of the purchase order and till such time any claim ofthe purchaser is pending against the supplier in respect of the relevant consignment(s).

The guarantor also agrees and undertakes not to revoke this guarantee before the same isdischarged as aforesaid except with the previous consent of the purchaser in writing.The Guarantor hereby further agrees that the Purchaser shall have the fullest liberty without

effecting in any manner the obligation of the guarantor hereunder with or without the consent of theguarantor to vary any of the terms of the said purchase order or to extend time of performance ofthe said purchase order by the supplier from time to time or to postpone for any time or from time totime any of the powers exercisable by the purchaser against the supplier and either to forebear orenforce any of the terms or conditions relating to the said purchase order and the guarantor shall notbe relieved from his liability by reasons of any variations or any extension being granted to thesupplier or for any fore-bearance, act or omission on the part of the purchaser or any indulgence bythe purchaser to the supplier or by any such matter or thing whatsoever which under the law relating

to sureties would but for this provision have affect of so relieving the guarantor. Nor shall it be

7/29/2019 PO615PP

19/23

necessary for the purchaser to sue the supplier before suing the guarantor for the amount/damagesdue under this deed of guarantee.

The guarantor hereby further declares that this guarantee has been executed by its 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.

The Guarantor hereby further agrees that any claim or dispute arising under this deed shall fall within the

exclusive jurisdiction of courts at Chandigarh.

Not withstanding anything herein before contained, Guarantors liability under this guarantee is restricted toRs.____(Rupees_______). This guarantee shall remain in force for a period of one year. Unless a claim in writing ispresented to the guarantor within six months from the date and if unpaid a suit or action to enforce such claim is filedagainst the guarantor within said period of six months, all the rights of the purchaser under the said guarantee shall beforfeited and the Guarantor shall be released and discharged from all liabilities thereunder.

In witness whereof the parties hereto have put their respective hands on the day and the year first abovementioned.

Witness For & on behalf of the Guarantor12 Signature__________

Name & Designation________

Witness For & on behalf of the Supplier.1

2Signature__________

Name & Designation________

7/29/2019 PO615PP

20/23

Appendix-IIWARRANTY DEED

This warranty deed made this day the____________ between M/s (Suppliers name) throughM/s ___________________________hereinafter referred to as the supplier which expression shall

include its legal representative successor and assigns, of the one part , and the Bhakra BeasManagement Board through Chief Engineer/System Operation, statutory Body constituted underSection 79 of the Punjab Re-organization Act, 1966 hereinafter referred to as The Purchaser whichexpression shall include it successors and assigns of the other part.

Whereas the Purchaser has placed on the supplier Purchase Order No. _______________dated_____________ for the supply and delivery of the material as specifically and fully describedin the purchase order and whereas the above said Purchase Order has been accepted by theSupplier vide their Letter No.______________thus constituted a legally enforceable contractbetween the parties above named.

NOW THEREFORE THE DEED WITNESSTH AND THE SUPPLIER HEREBY WARRANTITES ASUNDER

That the supplier shall be responsible to replace free of cost, with no transportation or insurancecost of the purchaser upto the destination, as specified in the Purchase Order/Despatch instructionsissued in pursuance of the Purchase Order, the whole or any part of the material which in normaland proper use, proves defective in quality or workmanship subject to the condition that the defect isnoticed within 12 months from the date of commissioning of equipment or 18 months from the dateof despatch, whichever period may expire earlier. The consignee or any other representative of thePurchaser actually using the material will give prompt written notice of each such defect to thesupplier. The replacement shall be affected by the supplier within a reasonable time but not in anycase exceeding 60 (sixty) days. The supplier shall also arrange to remove the defective supplywithin a reasonable period but not exceeding 60 days from the date of issue of the notice in respectthereof, failing which the purchaser shall reserve the right to dispose off, the defective material inany manner considered fit by it at the sole risk and cost of the supplier. Any sale proceeds of thedefective 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 thepurchaser against the supplier. That the above provisions shall also equally apply to the replacedmaterial. In case the material is again found to be defective within a period 12 months of itsreplacement it shall also have to be replaced similarly. The supplier further declares that this Deedhas been executed by its lawfully constituted attorney legally competent to sign and execute andhas been stamped as required under the relevant act of the State in which it has been executed.

In witness whereof the parties hereto have executed this deed on the date any year firstabove mentioned.

WITNESS:

1.Signature, Name & Full Address For and on behalf of the SupplierSignature:____________________Signature, Name & Full Address Name & Designation:_______________

1.Signature, Name & Full Address For and on behalf of the PurchaserSignature________________________

2.Signature, Name & Full AddressName & Designation:_______________

7/29/2019 PO615PP

21/23

Appendix-III

PROFORMA OF PERFORMANCE BANK GUARANTEE

(To be executed on the Appropriate value of Non- J udicial stamp paper).____

This agreement is made this______________day of______________betweenM/s._________________________(Bankers Name)____________________through (designationof the person signing the Bank Guarantee, on behalf of the Guarantor) a Company registered underthe Companies Act, 1956 (Banking Statute/body corporate constituted under the BankingCompanies (Acquisition and Transfer of Undertakings) Act-V of 1970 having its registered office at(Address of Registered Office) herein-after called the Guarantor which expression shall unlessrepugnant to the context or meaning thereof include it successors and assigns of the first part, M/s.

________________ through (designation of the person signing Bank Guarantee on behalf of thesupplier company registered under Companies Act, 1956 having its registered office at (Address of

Registered Office) herein after called the Supplier which expression shall unless repugnant to thecontext of meaning thereof include it successors and assigns of the second part and the BhakraBeas Management Board, through Chief Engineer/System Operation a statutory body constitutedunder Section 79 of the Punjab Re-organization Act, 1966 (hereinafter called the Purchaser whichexpression shall unless repugnant to the context or meaning thereof include its successors andassigns) of the third part.

Whereas the supplier has, interalia, agreed to supply the Purchaser (Name ofequipment) (hereinafter called the said equipment) on the terms and conditions contained in thePurchase Order No._______________dated________.(hereinafter called the said PurchaseOrder) placed by the purchaser on the supplier and unconditionally accepted by the supplier.

And whereas under clause__________of the said Purchase Order, the supplier is required tofurnish a Bank Guarantee for a sum of Rs.______________ (Rupees______________) being thevalue of all the consginements of the said equipment on account of retention money, which but forthis guarantee would be withheld by the purchaser till such time that the said equipment is receivedin good condition and in accordance with the specifications of the same, has given satisfactoryperformance during its warranty period as per clause_____of the said purchase order, and also tillsuch time that any claim of the purchaser is pending against the supplier, to guarantee the paymentof the retention money on bills submitted against supply of the said equipment on order from time totime upto a maximum amount of the sum of

Rs.___________________________(Rupees_______________________________________________).

And whereas at the request of the supplier, the purchaser has agreed not toretain_______________% of the contract price of all the consignments and in lieu thereof to accepta Bank Guarantee equivalent to the_______% of the contract price of all the consignments from theGuarantor for the aforesaid purposes for the due performance of the said purchase order by thesupplier on the terms and conditions herein contained. Now this deed, therefore, witnessth and it ishereby agreed by and between the parties hereto as follows:-

The guarantor hereby guarantees to the Purchaser the quality workmanship and

design of the said equipment in accordance with the prescribed specifications and the terms of thesaid purchase order and its satisfactory performance during the warranty period as per clause

7/29/2019 PO615PP

22/23

Warranty of the Purchase Order and agrees to indemnify and keep indemnified the purchaser tothe extent of Rs.________in the aggregate against all losses, damages, cost, charges andexpenses which may be suffered or incurred by the purchaser on account of any defect in the saidequipment or on account of any breach on the part of the supplier of any of the terms and conditionsof the said purchase order in the supply of and during the warranty period of the said equipment.

The Guarantor further agrees that the purchaser shall be the sole judge whether thesupplies have been made according to the prescribed specifications, design and workmanship aslaid down in the said purchase order and the said equipment has given satisfactory performanceduring its warranty period and whether the supplier had committed breach or breaches of any of theterms and conditions of the said purchase order and the extent of loss, damages, costs charges orexpenses suffered or incurred by the purchaser on account thereof and the guarantor shall

immediately on receipt of any claim or claim from the purchaser pay to the purchaser to the extent ofthe amount of Rs.________ and the supplier shall not have any right to interfere. The right to getthe Bank Guarantee encashed shall rest with the purchaser solely at his discretion without assigningany reasons whatsoever.

The Guarantor further agrees that the guarantees shall remain in full force and effectfor 12 months from the date of its issue in the first instance. This guarantee shall be revalidatedsubsequently for a further period of___________of the said purchase order.

The Guarantor also agrees and undertakes not to revoke this guarantee before thesame is discharged as aforesaid except with the previous consent of the purchaser in writing.

The Guarantor hereby further agrees that the purchaser shall have the fullest libertywithout affecting in any manner the obligation of the guarantor hereunder with or without anyconsent of the guarantor to vary any of the terms of the said P.O. or to extend from time to time or topostpone for any time or from time to time any of powers exercisable by the purchaser against thesupplier and either to forbear or enforce, any of the terms or conditions relating to the said purchaseorder and the guarantor shall not be relieved from his liability by reasons of any variation or anyextension being guaranteed to the supplier or for any fore-bearance, act, or omission on the part ofthe purchaser or any indulgence by the purchaser to the supplier or by any such matter or thingwhatsoever which under the law relating to sureties would but for this provision have effect of sorelieving the guarantor. Nor shall it be necessary for the purchaser to sue the supplier before suingthe guarantor for the amount/damages due under this deed of this guarantee.

The guarantor hereby further declares that this guarantee has been executed by itslawfully constituted attorney legally competent to sign and execute and has been stamped asrequired for such guarantees under the relevant Act of the State in which it has been executed andsigned.

The guarantor hereby further agrees that any claim or dispute arising under this deed shall fall within

the exclusive jurisdiction of courts at Chandigarh.

Not withstanding anything, herein before contained the guarantors liability under theguarantee is restricted to Rs.___________(Rupees_____________) This guarantee shall remain inforce until _____________________. Unless a claim in writing is presented to the guarantor withinsix months from that date and if unpaid, a suit or action to enforce such claim under this guaranteeis filed against the guarantor within said period of six months, all the rights of the purchaser underthe said guarantee shall be forfeited and the guarantor shall be released and discharged from allliability hereunder.

In witness whereof the parties hereto have put their respective hands on the day andthe year first above mentioned.

7/29/2019 PO615PP

23/23

Witness For & on behalf of the Guarantor1.

Signature__________________2.

Name & Designation______________

Witness1.

For & on behalf of the SupplierSignature__________________Name & Designation______________.

2.

For & on behalf of the purchaser.Signature__________________

Name & Designation______________

po615pp

Documents