nit

					                      (Marketing Division)
             G-9, Ali Yavar Jung Marg, Bandra (E)
                       Mumbai 400 051.




             TENDER NO. : LM/PT-07/09




                 Tender Document for


SUPPLY OF 210 LITRES (18G) MS PLAIN BARRELS AT KOLKATA



       Last Date & Time           :   03.04.2009 at 1400 hrs.
       for Receipt of Tender


       Opening of Technical Bid :     03.04.2009 at 1430 hrs.
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                        CONTENTS

 Sr.                                Check List                        Remarks
 No.                                                                 (Yes / No)
  1.       EMD in the form of BG /DD

   2.      Valid NSIC Certificate duly notarized

   3.      Balance Sheet of last 3 years duly notarized

   4.      IT returns/assessment latest 3 years

   5.      Supply Details during last 3 years duly certified
           by Chartered Accountant
   6.      Status of Order duly certified by Chartered
           Accountant
   7.      Banker Solvency Certificate

  8.       Receipted copy of Invoices of proof of supplies

   9.      All pages of Tender are duly signed with office
           seal
  10       Copies of Statutory Licenses attached

           a. Factory License

           b. Excise Registration

           c. CST / VAT Registration Certificate

           d. Provident Fund Registration

           e. Copy of latest electricity bill

           f. Pollution Control Board Clearance

  11.      If document are downloaded from the website
           whether the tender documents are properly
           cloth bound.

Please ensure all documents attached as per check list.

All envelopes to be sealed properly as per instruction given in
page 16 before submission.


Tenderer’s Signature with office seal       2
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




Sl.No                               Contents                         Page nos.

   1.       Contact Details of Tenderer                                            4

   2.       Tender Notice                                                       5–9

   3.       Introduction and scope                                                10

   4.       Specification                                                  11 – 13

   5.       Price Bid format                                               14 – 15

   6.       Instruction to Tenderer                                        16 – 19

   7.       Terms & conditions                                             20 – 34

   8.       Details of tenderer                                            35 – 39

   9.       Details of relationship with IOCL’s                            40 – 42
            Directors etc.
  10.       Bank Guarantee format for EMD                                  43 – 45

  11.       Delclaration of Black Listing / Holiday                               46
            Listing
  12.       Indemnity Bond for lost receipt                                       47

  13.       Bank Guarantee for Security Deposit                                48– 50

  14.       Ability & Acceptance to supply                                        51

  15.       Annexure –VIII                                                        52

  16.       Monthly Statement (Call up & Supply)                                  53

  17.       Agreement                                                      54 – 66




Tenderer’s Signature with office seal      3
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                       CONTACT DETAILS OF TENDERER



 1.       NAME OF THE PARTY              :

 2.                          CONTACT DETAILS OF OFFICE

 a.                ADDRESS               :




 b.      Person to be contacted          :

 c.            Telephone No.             :


 d.                  Fax no.             :


 e.               Mobile no.             :


 f.               E-mail ID              :
                 (Mandatory)

 3.                          CONTACT DETAILS OF FACTORY

 a.                ADDRESS               :

 b.      Person to be contacted          :

 c.            Telephone No.             :


 d.                  Fax no.             :


 e.               Mobile no.             :


 f.                E-mail ID             :


* Please note that all communication will be forwarded
  to vendors office E-mail address only.


Tenderer’s Signature with office seal        4
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




Marketing Division                                                    Head Office

Indian Oil Bhavan, 6th Floor, Lube Material Dept.G-9, Ali Yavar Jung Marg, Bandra (East)
                                      Mumbai –51




Sealed tender under Two Bid System (Technical Bid and Price Bid) is
invited from reputed manufacturers as under:

 NIT No. / Name of the work                                Sales Period
                                                       (both days inclusive)


 LM/PT-07/09                                                  06.03.2009
 Supply of 210-Ltrs.(18G) MS Lube                                 to
 Barrels at Kolkata.                                          01.04.2009
 LM/PT-08/09                                                  10.03.2009
 Supply of 5-Ltr.HDPE Container at                                to
 Kolkata & Malda.                                             23.03.2009
 LM/PT-09/09                                         10.03.2009
 Supply of 7.5-Ltr. PPCP Conipails at                    to
 Chennai.                                            06.04.2009
        Please visit our website www.indianoiltenders.com for tender
               documents & further details for above tenders.
  Contact Person : Chief Mgr (LM),
  Tel.no. (022) 26447353 / 26447372 / 26447874
  E-mail : ssmoni@indianoil.co.in




Tenderer’s Signature with office seal      5
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




     Tender No. / Name of the           Tender Fee        EMD      Period of Last Date & Time for
     work                                                (Rs. in   contract receipt of Tender
                                                         lakhs)

     LM/PT-07/09
     Supply of 23,000 nos.               1,000/-         2.93       24
     (18G) 210-Ltrs.MS Plain                                       months 03.04.09 by 14.00 hrs.
     Barrels at Kolkata.



1.      Public Sector Undertakings, State/Central Govt. are exempted from
        payment of Earnest Money Deposit.

2.      Small Scale Units registered with National Small Industries
        Corporation Limited (NSIC), for item tendered are exempted from
        payment of Earnest Money Deposit.

3.      Tender documents will be available at office of the Chief Manager
        (LM), Indian Oil Corporation Limited (Marketing Division),G-9,Ali
        Yavar Jung Marg, Bandra (East), Mumbai-400 051 on payment of
        Rs.1,000/- (non- returnable) by Demand Draft drawn in favour of
        Indian Oil Corporation Ltd.(Marketing Division)on any working day
        between 10.30 a.m. to 2.30 p.m. during the period 06.03.09 to
        01.04.09 (excluding Saturday / Sunday / Holidays) Cash, Cheque
        and Money Order for tender document fees will not be
        accepted.

4.      Tender    documents     are    available   on     our  website
        www.indianoiltenders.com and can be downloaded from website.

5.      In case the tender documents are downloaded from website
        the tender fee is exempted. The tender documents
        downloaded from website should be cloth bound properly
        before submission.

6.      Small Scale Units Registered with National Small Industries
        Corporation (NSIC) for the items tendered can obtain Tender
        Documents free of cost against submitting copy of valid NSIC
        Registration Certificate.

7.      The quantitative capacity per month of the party as per NSIC
        certificate should be more than the quantity of barrels required per
        month by IOC. Otherwise the party will not be considered as not
        meeting the capacity requirements as per the tender.


Tenderer’s Signature with office seal                6
             INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




8.       Pre-qualification criteria of parties in Tender :

        a)      The tenderer shall be manufacturer of 210 litre MS barrels
                having online automatic degreasing/rinsing facilities/ drying
                oven and baking oven for baking of stoving enamel paints.
                The party should also have decoiling and sheet cutting facility
                in the plant apart from other barrel manufacturing facilities.

        b)      The party should have turnover of minimum Rs.1.46 Crores in
                any one of the preceding three financial years i.e. 2005-06,
                2006-07 & 2007-08. Turnover of associates / sister concern /
                Tie-up firm will not be considered.

        c)      The tenderer is required to have minimum spare capacity for
                manufacture of tendered quantity for which they have quoted
                calculated on 16 hour working basis.

        d)      The tenderer should have BIS license for 18G, 210 litre MS
                barrels as per IS 1783-1993 (Part I) Grade A, Type 2 or as
                applicable.

        e)      Parties meeting above 4 requirements but have not supplied
                MS barrels with in last 3 financial years to Govt. / Public
                Sector Undertaking or the following Reputed Pvt. Companies -
                Castrol, Shell, Mobil, Caltex, Esso & Gulf for packing of
                lubricants / Chemicals / other liquids will be considered as
                developmental party and not for regular order for bulk
                requirement of barrels.

        f)      With regard to current suppliers to IOC, apart from above
                criteria the call up v/s supplies for all types of MS barrels
                (18G /20G / plain / lacquer lined/ grease) to Kolkata plants to
                be evaluated till the previous month of tender opening. Those
                vendors who has supplied minimum of 80% of the agreed call
                up quantities cumulatively for all locations in Kolkata will be
                technically qualified for this tender. That is the total call up of
                all locations of Kolkata for all MS barrels and total supplies of
                all locations of Kolkata of the existing order is taken for
                evaluation of supply performance. Current suppliers also
                includes those who have been issued purchase orders in last 1
                year and those whose purchase orders/supplies completed
                within last 1 year for all MS barrels.

        g)      The manufacturing plant of the tenderer should be within 500
                km from Kolkata.


Tenderer’s Signature with office seal       7
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




9.   Tender shall be finalised on single Lot basis. Lot details are as under:

        Quantity - 23,000 nos. for Kolkata

Tender will be evaluated based on net delivered rate for full quantities for
Kolkata. L-1 tenderer will be decided accordingly.

Tender shall be evaluated taking into consideration input credit on
VAT.

Tender shall be evaluated taking into consideration input credit on VAT.
Based on barrels sold within West Bengal by IOC 75% of VAT set off is
available for tenderers located in West Bengal.

The Corporation reserves the right to accept any tender in whole or in
part and reject any or all tenders without assigning any reasons. The
Corporation is not bound to accept the lowest rate for any tender and
reserves the right to accept one or more tenders in part.

The Corporation reserves its right to allow NSIC registered parties
purchase preference as admissible under the policy of the corporation.
The purchase preference shall be decided based on the price quoted by
NSIC registered parties at the time of evaluation of the price bid as
compared to L1 tender, provided L1 tenderer is a large scale industry. If
the price quoted by the NSIC registered parties is within 15% of the L1
price, and they are matching the L1/ negotiated L1 price. Negotiations will
be held if required with L1 tenderer. The decision of the corporation in
this connection will be final.

All tenderers may be required to supply upto twice the monthly prorata
quantity based on the requirements of IOCL. All tenderers are required to
give declaration as per Annexure-VII confirming to the above.

In case of unscheduled holiday on opening day of tender, the next
working day will be treated as scheduled prescribed day of opening of
tender. Time and venue will remain same.

Tenders marked “Technical Bid with Commercial Terms without
price” will be opened on due date and time in the presence of Bidders at
address mentioned below.

Bidders should note that tender documents in a sealed envelope should
be dropped on or before due date and time in a box provided by IOCL in
the office of :-




Tenderer’s Signature with office seal      8
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                        Chief Manager (LM)
                        Indian Oil Corporation Ltd.,
                        (Marketing Division)
                        Indian Oil Bhavan,
                        6th Floor, G-9, Ali Yavar Jung Marg,
                        Bandra (East)
                        Mumbai – 400 051.

Tenders received after due date and stipulated time due to any reason
whatsoever including postal / courier delay will not be considered.

It shall be the bidders responsibility to ensure that the tender
documents are dropped in the tender box. Tender documents not
dropped in the box provided before the due date & time will be
treated as late tenders and will be rejected out rightly.




Tenderer’s Signature with office seal      9
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                    CHAPTER I
                               INTRODUCTION & SCOPE

1.      We intend to procure 23,000 nos. 210 Litres (18G) MS Plain barrels
        at Kolkata or Budge Budge or any other location in Kolkata to meet
        our requirement of 24 months. (Qty may vary + 10%).

2.      Selection of suppliers for 210-litre (18G), MS Plain barrels will be
        done based on Scope, Terms & Conditions and Rates finalised
        through the present tender.

3.      Scope of supply of 210-litre (18G), MS Plain barrels will include,
        manufacture of barrels, Quality Checks, Packing, Forwarding and
        transporting including unloading & stacking the materials to IOCL’s
        plants located in Kolkata.

4.      Rates for supply of 210-litre (18G), MS Plain Barrels will be quoted
        by tenderers based on delivered rate including raw material cost
        based on SAIL price, Value Addition, Excise Duty, Taxes and other
        statutory levies, freight/transportation charges, packing /
        forwarding, etc.

5.      SAIL price based on 01.12.2008 is Rs.35,100/- per MT (Body-920)
        & Rs.35,000/- per MT (End 1320mm) Party quoting any discount on
        SAIL price should be mentioned in the discount row only. Discount
        mentioned shall be applicable through out the contract period. Any
        party quoting wrong price will not be considered for evaluation in
        the tender.

6.      TAXES & TARIFFS :

        Tender will be evaluated based on applicable duties, taxes etc., as
        on the due date of submission of tender.

7.      Existing supplier of IOCL, if successful in tender, shall commence
        supply immediately on issuance of LOI by IOCL as per Call-ups from
        locations. Successful tenderers who have not supplied similar
        material to IOCL earlier shall commence supply within 10 days time
        from the date of issuance of LOI by IOCL as per Call – Ups from
        locations.

8.      Successful tenderer on whom orders shall be placed, shall be
        evaluated continuously as per IOCL’s Vendor Rating system. Parties
        whose vendor rating is less than 90% shall not be considered for
        the next tender for similar items in any of IOC locations.




Tenderer’s Signature with office seal     10
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                         CHAPTER II

                                        SPECIFICATION

                          18-G (1.25 mm) LUBE BARRELS

SCOPE                   This specification covers MS Drums/Barrels and should
                        be read together with BIS specification IS 1783-
                        1993 (Part-I), Type II, Grade A or as applicable.

CAPACITY                Barrel shall have a nominal capacity of 210 litres
                        (overflow capacity 216-Ltrs.)

MATERIALS               Drum shall be made from materials meeting BIS
                        specification IS 513-1986 (latest revision) type “O”
                        quality.

COLOURS                 Colour as specified by IOCL. Manufacturer shall get
                        light, standard and dark shade panels of specified colour
                        approved by the Corporation before starting supplies of
                        barrels.

APPEARANCE              Drums shall be :
                        - Free from internal/external contamination such as
                          dirt, mill scale corrosion.
                        - Free from excessive solder or seaming compound.
                        - Free from surface defects such as cracks, holes,
                          buckling, dents and sharp edges.
                        - Free from end and side (welding) seam defects.
                        - Free from lacquer lining defects such as pinholes and
                          embedded particles.
                        - Free from bung/bung thread damage.
                        - Free from orange peel effect especially on top.

PERFORMANCE                 The manufacturer shall be responsible for ensuring
                            that the drum complete with closure must be suitable
                            to protect and contain the product and be compatible
                            with filling equipment and facilities of IOCL

                           All joints should be leak proof.

                        Paint sprayed or roller coatings should be complete and
                        continuous.




Tenderer’s Signature with office seal        11
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




DELIVERY                Drum should be packed in a manner sufficient to protect
                        from scratches on paint, dents, rainwater and should
                        meet high level of cleanliness standards.

SPECIFICATIONS          The Drum should conform to the General Specification
                        for Barrels with BIS specifications as per IS Codes
                        applicable.   Body shall be continuously resistance
                        welded with end seam of spiral seam/triple seam
                        construction.

REQUIREMENTS Drum parameters are as given below. These parameters
                        are part of the specifications and should not be changed
                        without IOCL approval, in writing.

CONSTRUCTION                            Body - Continuous electrical welding
                                        Ends - Spiral seamed/triple seamed

Seaming compound Refer BIS as per applicable IS code. It should be
chemically resistant to Lubricants, Latex / SBR.

All barrels shall have the following printed / embossed (bottom end)

-BIS Embossing, Party’s Logo, Batch no. and date of manufacture.

PHYSICAL DIMENSIONS :
                                          Units        Minimum   Maximum   Typical Standard

External Height from                     mm            877.0      883.0       880.0
Chimb to Chimb

Internal height                          mm            840.0      846.0       843.0

Diameter from rolling hoop               mm            593.0      597.0       595.0

Internal Diameter                        mm            570.0      574.0       572.0

Distance between two hoops 279 mm + 0.5 mm

Weight                                   kg.            22.0       23.0        22.5
(As per Annexure-VIII)
Drop Test                                1.80 meters

CLOSURE                     As per applicable BIS Code.
                            Barrel should be fitted with 2 nos. screwed closures
                            of Tri-Sure make or other make approved by IOCL of
                            50 mm and 20 mm nominal dia having washer made
                            of good quality neoprene rubber i.e. IOC approved.

Tenderer’s Signature with office seal             12
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




PAINT/PRINTING The barrels must be cleaned before painting by giving
               degreasing treatment. Once the barrels are
               thoroughly cleaned – the same shall be painted with
               stoving enamel paint as per colour scheme approved
               by IOCL.

                            The paint used shall be of the one which are
                            produced by Berger Paints / Asian Paints / Nerolac
                            Paints. The specification of paint film thickness are
                            as below :

                          Dry film thickness            : Body 15-20 microns
                                                        : Bottom 20-25 microns
                                                        : Top    20-25 microns

                         After painting is complete, then screen printing of three
                         equidistant “Servo” name style of IOCL will be screen
                         printed clearly without smudging using good quality
                         screen printing inks i.e. Coats India or any other ink
                         approved by IOC.

                         The address and other text shall be painted as per
                         Artwork of IOCL.

                         Paint applied on the drum should be scratch proof and
                         it must pass scratch hardness test i.e., at 1000 gms.
                         for 15 minutes.

                         All paints & screen printing inks must be resistant to
                         Lubricants & sunlight.

QUALITY                  The supplier will have to maintain records for testing
ASSURANCE                 of input material before commencing production,
                          tests/checks carried out during the process of
                          production and tests / checks carried out for the
                          finished product as per IOCL format which will be
                          given at the time of placement of order.

INSPECTION              Manufacturer shall certify that each delivery has been
                        inspected before shipment and it meets all criteria.
                        Quality   certificate    should    accompany     every
                        consignment.




Tenderer’s Signature with office seal      13
               INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                          CHAPTER III                                  Annexure-A
                        TENDER FORM (PRICE BID)
 ___________________________________________________________________
                     SIGN BLANK. DO NOT FILL RATES
PRICE PER MT OF 1.25 MM (18-G) OF COLD ROLLED TESTED “O” QUALITY
          STEEL AS PER SAIL BASIC PRICE GIVEN IN THE TENDER
                                                    Figures in Rupees
1.25 mm (18-G) STEEL              Rate in Figures      Rate in Words
                              920mm       1320 mm 920mm         1320 mm
                              (Body )      (End)  (Body)         (End)
Sr.     Size                                 Amount in       Amount in    Amount      in    Amount
No.                                          Rs.             Rs.          Word              in Word
 1.     BASIC PRICE                          35,100.00       35,000.00    Thirty     Five   Thirty       Five
                                                                          Thousand   One    Thousand Only
                                                                          Hundred Only
 2.     RAILWAY PACKING
 3.     EXCISE DUTY*        ( %)
        (For Direct Supply)
 4.     EDUCATION      CESS    OF
        EXCISE DUTY         ( %)
 5.     EX STOCKYARD PRICE
        I) STOCKYARD CHARGES
        II) RAILWAY FREIGHT
        III) ED ( For Stockyard)
        IV) Education Cess on ED
 6.     Less – Discount (if any)
        per MT offered by tenderer
 7.     SUB TOTAL
        ( 1+2+3+4+5-6)
8.      SALES TAX/VAT (         %)
9.      SURCHARGE ON ST
10.     TOT
11.     RAILWAY FRIGHT
        (For Direct Supply)
12.     OCTROI ( if applicable)
13.     TOTAL … (7+8+9+10+11+12)
14.     LESS- CENVAT       (    %)
15.     LESS–       CREDIT       ON
        EDUCATION CESS (        %)
16.     LESS – CREDIT ON VAT
17.     NET STEEL COST / MT
18.     RATIO      OF    MATCHING                 2                1          TWO                ONE
        STEEL
19.     SUB     AVEREAGE     STEEL
        COST
20.     AVERAGE STEEL COST PER MT
21.     YEILD PER MT                                        39
22.     NET STEEL COST PER BRL
* Supplier should quote against item 3 & 5 (III) as applicable to them.
                                                                                              ACCEPTED
                                                                                 SIGNATURE OF TENDERER
                                                                                          (WITH STAMP)


Tenderer’s Signature with office seal                  14
               INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                     TENDER FORM (PRICE BID)
____________________________________________________________________
                  SIGN BLANK. DO NOT FILL RATES
                                LOCATION – KOLKATA/BUDGE BUDGE
18G – PLAIN BARRELS
Sr Type of Barrels               1.25 mm                                       Plain Barrels
.                                  (18G)
No                                Rate in                                     Rate in Words
.                                 Figures
   DETAILS OF BREAK-UP OF PRICE (Rs.   Per
                                No.)
1.        Net Steel Cost per barrels
          (as per Annexure – “A” )
2.        Add : Value Added per barrel
          (This includes all other inputs such as
          barrel fitting seaming compound,
          labour, overheads, profit, etc.)
3.        Screen Printing Charges per barrel
4.        BASIC PRICE PER BRLS.(1+2+3)
5.        Excise Duty           (    %)
6.        Education    Cess    of   Excise   Duty
          ( %)
7.        Delivery Charges per barrel at Kolkata–
          Freight / transportation etc. on door
          delivery basis.
 8.       Sales Tax /VAT             (  %)
 9.       Surcharge on ST            (   %)
10.       T.O.T.                     (   %)
11.       Octroi (if applicable)
12.       Less – Discount
13.       Delivered rate per barrel
           (4+5+6+7+8+9+10+11-12)
14.       Less – Cenvat
15.       Less – Credit on Education Cess
16.       Less – Credit on VAT
17.       Net Delivered rate per barrel
          (13-(14+15+16)
18.       Optional Rate – Epicoating charges per
          Barrels
          Excise Duty, Sales Tax, Surcharge on ST & Octroi (if applicable) are payable at actuals as
           applicable on the date of delivery. Tenders to indicate percentage applicable at present for
           supply to each locations.
          Item 2,3,7, 12 & 18 do not qualify for any variation . These elements will remain constant
           until completion of the order.
          Tendrers should ensure that all items (1 & 18) are filled in details.
          WE CONFIRM THAT OUR OFFER IS FOR SUPPLY OF BARRELS WITH BIS MARKING.
          Tenderer may indicate discount, if any , appropriately. Such discount shall be applicable
           throughout the contract period.
Note- No terms and conditions should be mentioned in the quotation sheet. If done so.,
the same will not be considered for any purpose..
                                                           SIGNATURE OF TENDERER
                                                                            WITH SEAL




Tenderer’s Signature with office seal              15
              INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                        CHAPTER IV

                             INSTRUCTION TO TENDERERS

1.      Tender document is issued in two parts - (I) Technical Bid and (II)
        Price Bid – alongwith three envelopes marked A, B and C.

2.      Bids shall be submitted separately in two parts in sealed envelopes
        superscribed with the Tender Number for Technical Bid and Price
        Bid.

A. Tender Sealing System :

     The sealing system to be adopted by all tenderers is given below :

     Envelope A – Should contain all technical bid documents including
                  EMD. It should not contain any price details.

     Envelope B- Should contain only Price bid properly filled in numbers
                 and words as per format. No other documents, terms
                 and conditions to be placed by tenderer in this
                 envelope.

     Envelope C – Bigger envelope to contain envelopes A and B.

     Sealing of envelopes:

     Envelope A & B to be pasted & stapled at both the ends. Signed with
     rubber stamp of the company to be affixed overlapping the flaps
     sealed and over the center seam. Then transparent adhesive tapes to
     be put partly covering the sign & stamp at both the ends and also on
     the center seam.

     After sealing envelope A and B properly as mentioned above the same
     should be inserted in a bigger envelope C and sealing to be done in a
     similar way as done for envelope A and B.

     Only Sealed tenders shall be considered for evaluation. Tender
     envelopes which are not sealed properly shall be rejected – All tender
     envelopes (A, B, C ) to be sealed.

3.      Details of Requisition are as under :

        3.1      The Technical Bid cover (marked A) shall contain following :



Tenderer’s Signature with office seal       16
              INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                 a.     Complete Technical Bid document in original duly filled -in along
                        with blank Price Bid duly signed.

                 b.     Suitable documents to establish that tenderers are
                        meeting all conditions of pre qualification criteria of the
                        tender. The following documents to be submitted
                        after duly notarized.

                                i.      Valid NSIC certificate.
                                ii.     Audited Balance Sheet for last 3 years.
                                iii.    BIS license.
                                iv.     Status of order as given in page no.39
                                        is to be duly certified by Chartered
                                        Accountant.

                 c.     Earnest Money Instrument in original. EMD in Bank Guarantee
                        with Banker’s forwarding letter and in Banker’s sealed envelope.

                 d.     Power of Attorney

                 e.     Credentials, Work Orders/Performance Certificates from actual
                        users, Bank Solvency certificate, Balance Sheet, literature and
                        any other details except the price of the tendered items.

                 f.     Deviation detail, if any from stipulation in original tender
                        document.

        3.2      The Price bid cover (marked B) shall contain only Price Bid document
                 duly filled in. Price bid cover shall not contain any other document or
                 any conditions. Tenders with rates not filled in words shall be
                 rejected outright. In case any condition is indicated in Price
                 Bid, the same will not be considered.

        3.3      When there is a difference between the rates in figures and words, the
                 rate, which corresponds to the amount worked out by the Contractor,
                 shall be taken as correct.

        3.4      When the rates quoted by the Contractor in figures and words tallies
                 but the amount is incorrect, the rate quoted by the Contractor shall be
                 taken as correct and not the amount.

        3.5      When it is not possible to ascertain the correct rate, in the manner
                 prescribed above, the rate as quoted in words shall be adopted.

        3.6      Contract Agreement will be executed for contracts comprising supply of
                 tendered item.

Tenderer’s Signature with office seal        17
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




4       It is mandatory for every tenderer to fill all the documents as set out in the
        tender document irrespective of their earlier association with IOCL.

5       All the Pages shall be initialed by tenderer with seal. All entries must
        be in permanent ink or typed. No alteration in the tender will be allowed
        after opening.

6       The issued tender documents shall be filled as per instructions and the tender
        documents should be dropped in the tender box provided at the premises of
        Chief Manager (LM), Indian Oil Corporation Ltd., Six Floor, Indian Oil
        Bhavan, G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai - 400 051
        before the closing hours as mentioned above. Late receipt of tenders on any
        account shall be treated invalid and rejected.

7       The Tender should be valid for a period of 180 (One hundred and eighty)
        days from due date of opening of Tender.

8.      COST OF BIDDING:

        The bidder shall bear all costs associated with the preparation and submission
        of the bid.

9.      BIDDING DOCUMENTS:

        The bidder is expected to examine all instructions, forms, terms and
        conditions in the bidding documents. The invitation to bid together
        with all its attachments thereto shall be considered to be read,
        understood and accepted by the bidder, unless deviations are
        specifically stated in seriatum by the bidder. A separate “List of
        deviations”, if any, should be attached with the offers.

10.     AMENDMENT OF BIDDING DOCUMENTS:

        At any time IOCL may modify the Bidding Documents by
        amendment thereto. The amendment will be notified in writing and
        will be binding on bidders

11.     LANGUAGE OF BID:

        Bid and all correspondence/drawings and documents relating to the
        bid exchanged between the bidder and IOCL shall be in ENGLISH
        language.




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




12.     LATE BIDS:

        Any bid received after the last date and time for submission of bids
        prescribed, shall stand rejected.

13.     OPENING AND CLARIFICATION OF BIDS:

        13.1 Technical bids shall be opened at the specified time in the
             presence of attending tenderers.

        13.2 Parties whose technical bids are found acceptable, shall be
             intimated the date and time of reverse auction and opening of
             hard copy of price bids, as decided by IOCL. Price bids shall
             be opened in presence of the attending tenderers after the
             online bidding.

        13.3 Price Bids of Tenderers who have not been accepted during
             Technical Bid Evaluation, shall be rejected without further
             consideration.

        13.4 To assist in the scrutiny, evaluation and comparison of bids,
             IOCL may, at their discretion, request clarifications on the bid
             from the tenderer.

        13.5 IOCL shall not be bound to accept lowest or any tender and
             reserve the right to accept one or more tenders in part. The
             decision of IOCL in this regard shall be final.

14.     Authorised representative of the vendor must attend the call up
        meeting every month at Plant/Lube complex. In case attendance of
        the party is less than 80% in a year, party shall not be allowed to
        participate in the next tender.

                                                         Signature of Tenderer

Name of Tenderer                :
Address                         :
Seal                            :
Date                            :




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                        CHAPTER V

                                   TERMS & CONDITIONS

1     EARNEST MONEY DEPOSIT :

      EMD amount as given on page no. 6 Paid vide DD/Pay Order No.
      _________________ Dated __________(Please submit Original ) OR
      Registered with NSIC under Registration No. _________________ Dated
      ________ (Please submit notarized copy of valid NSIC Certificate)

2.1    Earnest Money can be deposited in any of the following form :-

            a. Pay Orders/Demand Draft of Scheduled/Nationalised Banks on
               which no interest will be paid. The Pay Order/Demand Draft
               should be made payable at Mumbai. The payee should be
               mentioned as M/s. Indian Oil Corporation Ltd. (Marketing
               Division), Mumbai.
            b. The acceptable financial instruments (Pay Order/DD) towards
               Earnest Money Deposit should be submitted along-with the
               Technical Bid with Commercial Terms.
            c. Bank Guarantee as an instrument towards earnest money
               deposit shall be accepted if the EMD amount is not less than
               Rs.25,000/-.Bank Guarantee is to be executed by
               Nationalised/Scheduled Bank towards EMD and should be
               valid for the period till validity of offer. If needed validity
               of B.G. should be extended by the party. Bank Guarantee
               should be submitted by tenderer alongwith the Technical Bid
               of the tender. Such B.G. should be issued by the Bankers
               with a covering letter addressed to tendering authority in a
               sealed cover. The proforma for B.G. is enclosed. If B.G.
               towards EMD is submitted in any manner other than
               aforesaid, the tender shall be treated as “Submitted without
               EMD” and as such shall be rejected.


IF THE INSTRUMENT TOWARDS EMD IS NOT ENCLOSED WITH
TECHNICAL / COMMERCIAL BID, THE BID SHALL BE TREATED AS
INVALID.


NO INTEREST IS ALLOWED ON EARNEST MONEY DEPOSIT.

A reference of Earnest Money having paid must be indicated in the tender.

Any tender received without Earnest Money will be rejected. No request
for adjustment of pending bills or Earnest Money paid against other
tender will be entertained towards Earnest Money against this tender.

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CASH / CHEQUES / FDR & TDR TOWARDS EARNEST MONEY
DEPOSIT WILL NOT BE ACCEPTED.

Earnest Money Deposit refund will be made to all unsuccessful tenderers
after finalisation of tender. For successful bidders refund will be made
only after they pay necessary Security Deposit against all purchase orders
placed against the tender.

Linking with earlier transactions/adjustments with pending bills or any
other amount payable by the Corporation is not allowed.

1.2 EXEMPTION FROM EARNEST MONEY DEPOSIT :

      a) State/Central Public Sector Undertakings are exempted from
          payment of Earnest Money.
      b) Small Scale Units registered with National Small Industries
         Corporation Limited (NSIC), are exempted from payment    of
         Earnest Money provided :-

         i) The Unit is registered for the item tendered.

         ii) The NSIC registration certificate should cover items offered
             against the tender.

        iii) Registration Certificate is valid as on the date of consideration of
             tender.

        iv) Quotation is accompanied by photostat copy of valid NSIC
            registration certificate.

      c) Registration with DGS&D will not entitle the tenderer to claim
         exemption for Earnest Money Deposit.

1.3 EARNEST MONEY DEPOSIT WILL BE FORFEITED IN THE EVENT
    OF –

      a) Withdrawal of offer while the offer is under consideration during
         the validity period.

      b) Tenderer not accepting our Purchase Order, if placed without
         prejudice to our rights to recover damages on account of breach of
         contract.

      c) Non-confirmation of acceptance of order within the stipulated time
         after placement    without prejudice to our rights to recover
         damages on account of breach of contract.

      d) Any unilateral revision made by the tenderer during the validity
         period of the offer.

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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




      e) Non-execution of documents after acceptance of the contract due
         to any dispute of the tenderers or any reason whatsoever.
      f) Non-payment of Security Deposit as described in Clause.

1.4 If the Tenderer commences deliveries and also lodges Security
    Deposit in the      manner and within the period specified, we shall
    return to the tenderer forthwith the Earnest Money but without any
    interest thereon. If, however, the Tenderer      fails or refuses to so
    commence deliveries and/or to so lodge with us the Security Deposit
    and/or withdraw/revise upward their offer before placement of order
    or expiry of validity whichever is earlier, the Earnest Money will be
    forfeited to the Corporation, but without prejudice to all our right to
    recover any      loss or damage we may suffer by reasons of such
    refusal or failure to commence deliveries and/or lodge the Security
    Deposit.

2.0 VALIDITY OF QUOTATION :

      The rates quoted against this tender shall be valid for a period of 180
      days from the date of opening of the tender and once the quotation is
      accepted and the order placed on the successful tenderer, the rates
      shall be valid for the entire ordered quantity and period.

3.0 PERIOD OF CONTRACT :

      The contract, if any, awarded against this tender will be valid for a
      period of 24 months. Thereafter spill over quantity, if any will be
      drawn by the Corporation at their option.


4.0 DUTIES & TAXES :

4.1 EXCISE DUTY :

      Excise Duty will be reimbursed at actuals as on the date of delivery.
      (Please specify current rate of excise duty payable for item quoted by
      you).

4.2 SALES TAX/ VAT :

      The rate of Sales Tax / VAT payable will be as applicable at the time
      of delivery. (Please specify current rates). Payment is subject to the
      condition and Tenderer’s written undertaking that the same is
      statutorily payable by the Tenderer to the Government and actually
      will be paid to the Government.



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             INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




5.3       OCTROI :

          Octroi/Entry Tax, if any, will be reimbursed by the Corporation at
          actuals as applicable on the date of delivery against production of
          proof of payment.

4.4       OTHER LEVIES :

          Other statutory levies, if any, besides excise duty, sales tax, octroi,
          TOT etc. should be specifically indicated with quantum thereof.

5.0       PRICE ESCALATION/DE-ESCALATION :

          Price quoted against this tender is subject to escalation/de-
          escalation as provided hereunder :
           Annexure – A of Price Bid shows steel cost details for 1.25mm
           (18G) Cold Rolled tested ‘O’ quality steel which form basis for the
           quoted price.

      i. Any revision in the steel cost by SAIL will be passed on to by the
         Corporation (restricted to the items indicated in Annexure- A of
         Price Bid only)

      ii. However, the price will not be subject to variation for a quantity
          equivalent to one month supply (one month supply will be total
          ordered quantity divided by the total period of contract in months
          up to expiry of the order. Escalation/de-escalation will apply after
          delivery at pre-revised rates for a quantity equivalent to one
          month’s supply (one month supply will be taken at the pre-revised
          rates before granting escalation/de-escalation)

   iii.    Any price revision in steel between the date mentioned in
           Annexure-A of Price Bid of this tender and date of Corporation’s
           acceptance will be passed on by the corporation
    iv.    Yield will be taken as finalised for the purpose of escalation/ de-
           escalation.

    v.     Any change in Excise Duty, Sales Tax and Octroi (if applicable) will
           be borne by the Corporation. Relevant notification to be provided
           in the event of change.
    vi.    Documentary evidence will be submitted in support of claim for
           price escalation/ de-escalation.
    vii. Except as provided above, no escalation/de-escalation will be
         allowed on any other item.


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6.0    SECURITY DEPOSIT :

       6.1 Within two weeks of our communication to the successful
           Tenderer of acceptance of the rates, he will have to deposit a
           sum equivalent to 5% of the value of the contract subject to
           maximum of Rs.100,000/- (Rupees One Lakh only) as Security
           Deposit to our Plant in any one of the following manner :

              i.      Pay Order/Demand Draft of Scheduled/Nationalised
                      Banks on which no interest will be allowed. CASH /
                      CHEQUES / FDR & TDR towards S.D. will not be
                      accepted.

              ii.     Guarantee Bonds executed by Nationalised/Scheduled
                      Banks valid for period of completion plus 6 months. If
                      the suppliers desire to pay the Security Deposit by way of
                      Bank Guarantee, they should submit Bank Guarantee for
                      the full amount before commencement of supply. The
                      Bank Guarantee should be directly sent to IOC by the
                      Bankers under their covering letter. No Bank Guarantee
                      will be accepted for Security Deposit of value less than
                      Rs.25,000/-

              iii.    If requested by successful tenderer the EMD can be
                      converted to Security Deposit provided EMD is paid in
                      DD/Pay Order and the party surrenders the original EMD
                      receipt.

          Public Sector Undertakings are not exempted from payment of
          Security Deposit.

          SECURITY DEPOSIT WILL NOT CARRY ANY INTEREST.

6.2 EXEMPTION FROM PAYMENT OF SECURITY DEPOSIT :

      a) Units Registered with National Small Industries Corporation,
         (NSIC) are exempted from payment of Security Deposit provided.

          i) The Unit is registered for the item/(s) ordered.
          ii) The value of the items ordered does not exceed the monetary
               limit indicated in the NSIC certificate.
          iii) Registration certificate is valid as on the date of the order.
          iv) Photostat copy of valid NSIC registration in support while
               claiming exemption should be produced.
          v) Registration of firm with DGS&D will not exempt the vendor
               from payment of Security Deposit.


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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




6.3 IOCL shall be entitled, without being bound to do so, to adjust the
    whole or any portion of the Security Deposit towards the recovery of
    any amount due to us from the Tenderer. The Security Deposit or
    such portion thereof as has not been adjusted towards the recovery
    of amounts due from the tenderer to us will be refunded to the
    Tenderer. Security Deposit will be refunded within 3 months of the
    satisfactory completion of the contract and after the deposit receipt is
    duly discharged and returned to IOC. No interest will be payable by
    IOC to the Tenderer on the amount of the Security Deposit.

7.    DELIVERY SCHEDULE :

      The exact requirement will be intimated to the tenderer from time to
      time (Presently monthly schedules are advised). The tenderer will be
      required to strictly adhere to the delivery schedule so advised from
      time to time. It is emphasised that strict adherence to the delivery
      schedule is of utmost importance to the Corporation, as otherwise the
      manufacturing and distribution programme would be seriously upset
      and cause considerable loss. In the event of inability to uplift the
      stipulated number of barrels per day, due to circumstances beyond
      corporation’s control, the Corporation will not be responsible for any
      losses that the tenderer may sustain. The quantity to be delivered
      each month should be uniformly distributed right through the month
      as far as possible. Supplier will supply the barrels as per plant
      requirement based on date wise schedule. Supplier shall submit
      monthly statement to the concerned plant manager as per format
      enclosed (Annexure- IX). If party fails to supply the barrels as per
      our date wise call up necessary action as deem fit shall be taken
      against the party, Which may include cancellation of order.
8. INTERNAL CLEANLINESS :

      All barrels should be brand new and should be in such a condition of
      internal cleanliness as will permit filling of barrels with high grade
      petroleum products without further cleaning/checking of the barrels
      becoming necessary. Barrels should be free from dust, water, dirt,
      rust etc. Barrels not found acceptable in this regard will be returned
      to the tenderer at his cost. Decision of the Corporation/authorised
      representative of the Corporation at the receiving location as to
      whether the barrels are internally clean or not will be binding on the
      tenderer.

      Further all barrels should be transported with polyethelene
      sleeves/rexin cover (on returnable basis) to avoid scratches and
      damage to paint during transportation.




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




9. TRANSIT RISK :

      Since manufacturers shall be responsible for co-ordinating
      despatches by Rail/Road they shall be responsible for material found
      damaged/defective/short received at the receiving end. It may be
      noted that in case of rail despatches only necessary claim will be
      lodged by Corporation wherever possible.

      In case of a qualified R/R such as “Said to Contain”, “Loading not
      supervised by Railway” etc. shortage or damage, if any, observed on
      receipts of materials will be borne by suppliers. Similarly, where RRs
      are not received in time the demurrage charges and wharfage
      charges if any paid to the Railways will be on supplier’s account.

10.     RISK PURCHASE :

        In case the successful Tenderer fails to deliver the quantities as
        stipulated in the delivery schedule, IOC reserves the right to
        procure the same or similar materials from alternative source at the
        risk, cost and responsibility of the successful tenderer.

11.     RAW MATERIAL :

        Raw materials including steel for the manufacture of barrels will
        have to be purchased and arranged by the successful tenderer. It
        will be the responsibility of supplier to arrange steel.

        Successful tenderers are also expected to maintain sufficient level of
        inventory of steel so that there is no set back in the delivery of
        barrels on this account.

12.     PAYMENT :

        Two consolidated bills for supplies made (during 1st to 15th and 16th
        to end of the month) should be submitted respectively before 23rd
        of the same month and 7th of the next month respectively to
        Corporation’s Payment Authority (which will be indicated in the
        purchase order) duly supported by receipted challans etc. Payment
        of bills will be effected on or after 7th or 23rd of the following month
        respectively. As the above are our standard payment terms which
        can not be changed, please submit your offer on the above basis
        only.




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              INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




13.        BEST PRICE CLAUSE :

           The price charged for the material to be supplied under the contract by the
           successful tenderer for a particular location shall in no event exceed the
           lowest price at which the said successful tenderer sells the material of
           identical description to any other PSU Oil Company against any order received
           during the pendency of the contract awarded pursuant to this tender at the
           same location. If at any time during the pendency of the contract awarded
           pursuant to this tender, the successful tenderer sells the material of identical
           description covered under the contract to any other PSU Oil Company for the
           said location at a price lower than the price charged under the contract to
           IOC, such successful tenderer shall forthwith notify to IOC such reduction of
           price. In any event, the price payable by IOC for the said material shall stand
           correspondingly reduced forthwith from the day on which such sale is effected
           by the successful tenderer to other PSU oil Company. However, this Best Price
           clause shall not affect either parties’ rights and obligations under the contract,
           including those under the ‘Price Escalation / De-escalation’ clause.

14. SUB-LEASING :

       After the placement of the order, the successful Tenderers shall not
       be allowed to sublet or assign any part of our order without prior
       written consent of Corporation.

15.        INSPECTION :

      i)        IOC team may visit the works of the tenderers to assess their
                technical competency and capacities of Plants.

      ii)       Corporation shall be at liberty to inspect the factory of the
                suppliers including their production process and quality control
                testing during the pendency of the contract. Corporation shall
                also be at liberty to appoint its authorised agency/ third party
                for inspection of the production facilities, testing facilities and
                quality control adopted by the supplier, the raw material used
                and the drums/containers etc.

16.    ARBITRATION :

           All questions, disputes and differences arising under or in relation to
           this Agreement shall be referred to the sole arbitration of the
           Director (Marketing) of the Corporation. If such Director (Marketing)
           is unable or unwilling to act as the sole arbitrator, the matter shall
           be referred to the sole arbitration of some other officer of the
           Corporation by such Director (Marketing) in his place, who is willing
           to act as such sole arbitrator. It is known to the parties herein that
           the Arbitrator appointed hereunder is an employee of the

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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




        Corporation and may be Share holder of the Corporation. The
        arbitrator to whom the matter is originally referred, whether the
        Director (Marketing) or officer, as the case may be, on his being
        transferred or vacating his office or being unable to act, for any
        reason, the Director (Marketing) shall designate any other person to
        act as arbitrator in accordance with the terms of the Agreement and
        such person shall be entitled to proceed with the reference from the
        stage at which it was left by his predecessor. It is also the term of
        this Agreement that no person other than the Director (Marketing)
        or the person designated by the Director (Marketing) as aforesaid
        shall act as arbitrator. The award of the Arbitrator so appointed
        shall be final, conclusive and binding on all the parties to the
        Agreement and provisions of the Arbitration & Conciliation Act 1996
        or any statutory modification or re-enactment thereof and the Rules
        made thereunder and for the time being in force shall apply to the
        arbitration proceedings under this clause.

17.    ACQUIESCENCE :

        Any acquiescence or waiver by the Corporation of any delay, breach
        or default committed by any tenderer shall not be deemed to be or
        considered as estoppel against the Corporation nor prevent the
        Corporation from exercising any of its rights.

18.     REJECTION :

      (a) Sampling, testing and acceptance of the consignment shall be
          carried out in accordance with the procedure prescribed by BIS
          and the additional requirements laid down by Corporation
          thereof.
      (b) The supplier should note that it is not incumbent upon
          Corporation to check and test each and every barrel out of the
          consignment received and Corporation will make only random
          checks in accordance with the procedure laid down by
          BIS/Corporation. The supplier should, therefore, take note of all
          the requirements before submitting his quotation.

      (c) If, as a result of the checks/tests carried out, if any barrel is
          found defective or not meeting the specification criteria,
          Corporation shall return such defective barrel lots to the supplier
          after making ½ inch puncture at the TOP of all the barrels after
          defacing the Servo identifications printed on these barrels. In
          case of open top grease barrel(s) the puncturing shall be done at
          the bottom of the barrels.




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




      (d) The supplier shall make their own arrangements to take back
          such rejected consignment, purely at their own cost. If the
          supplier fails to take back the punctured consignment within a
          period of 7 days from the date of receipt of the notice from
          Corporation, Corporation shall be free to dispose of the same at
          the risk and cost of the supplier.

      (e) The barrels shall be free from defect of any kind whatsoever for
          a minimum period of 6 months from the date of acceptance by
          Corporation. In case Corporation suffers loss due to leakage or
          on account of any latent defect found in the container before the
          expiry of the above said period, Corporation shall be entitled to
          claim from the supplier not only the value of such barrels but
          also the value of the product lost through leakage, if any.
          Corporation shall not be bound to return such defective barrel to
          the supplier.

19.    CANCELLATION :

      We reserve the right to cancel the contract forthwith upon or any
      time after the happening of any of the following events viz. –

      (a) If the Tenderer shall commit a breach of any of the terms and
          conditions of tender and fail to remedy such breach within fifteen
          days of the receipt of the written notice from us in regard
          thereto.

      (b) On the death or adjudication of insolvent of the Tenderer if he be
          an individual.

      (c) Liquidation whether voluntarily or otherwise on the passing of an
          effective resolution for winding up the Tenderer if it be a
          company.

      (d) If the attachment is levied or continued to be levied for a period
          of seven days upon the effects of the Tenderer or of any
          individual or partner of the Tenderer firm.

      (e) If the Tenderer does not adhere to the instructions which may be
          issued from time to time by us in connection with the
          manufacture of the barrels, our right to so terminate the contract
          shall be without prejudice to any of our other rights and
          remedies against the Tenderer and in the event of our so
          terminating the contract, we shall not be liable to pay for any
          loss or compensation in respect of such termination.




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21.     DEVELOPMENTAL ORDER :

        Parties meeting all pre-qualification requirement but have not
        supplied similar MS barrels to Govt. / Public Sector Undertaking or
        the following Reputed Pvt. Companies - Castrol, Shell, Mobil, Caltex,
        Esso & Gulf for packing of Lubricants / Chemicals/ other liquids will
        be considered as developmental party and not for regular order for
        bulk requirement of Barrels.

        IOCL shall place Developmental Order for a quantity of 5,000 nos.
        for 18G MS barrels. The Developmental party shall supply sample
        barrels for the approval of Corporation. After approval of the
        sample, the developmental party shall supply a small quantity to
        Filling Plant to find the suitability. If barrels are found suitable,
        supplies shall start as per indents being placed by the Corporation.
        Development order quantity will not be included in tender quantity
        for bulk requirements.

        Commencement of supplies shall take place within 3 months from
        the date of placement of order and thereafter the quantities shall be
        completed within 6 months based on indents being placed by
        Corporation. In case the party does not complete the supplies within
        6 months the order will be treated as cancelled without any liability
        on either side.

        In case, the party completes the order within 6 months, they shall
        be considered as regular vendor for supply of similar 210 litres MS
        barrels in future tenders.

21.     FORCE MAJEURE CLAUSE :

        If at any time during the continuance of this contract the
        performance in whole or part by either party of any obligation under
        this contract shall be prevented or delayed by reasons of any war,
        hostility, acts of public enemy, civil commotion, sabotage, fires,
        floods, explosions, epedemics, quarantine restrictions, strikes, lock-
        outs or acts of God (hereinafter referred as events) then provided
        notice of the happening of any such events if given by either party
        to the other within twenty-one days from the date of occurance
        thereof neither party shall by reason of such event be entitled to
        terminate this contract nor shall either party have any claim for
        damage against the other in respect of such non-performance or
        delay in performance and deliveries under the contract shall be
        resumed as soon as practicable after such event has come to an
        end or ceased to exist and decision of the Director (Marketing),
        Indian Oil Corporation Limited (Marketing Division) as to whether
        the deliveries have been so resumed or not shall be final and

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        conclusive provided further that if the performance in whole or part
        of any obligation under this contract is prevented or delayed by
        reasons of any such event for period exceeding 60 days either party
        may at its option terminate the agreement.

22.     LIQUIDATED DAMAGES :

        The Seller hereby agrees to pay to the Corporation by way of
        liquidated damages and not as penalty an amount equal to ½%
        (One half percent) of the total over value of the materials so
        delayed for each week of such delay in delivery subject to a
        maximum of 15% (as applicable) of such prices.

23.     NEGOTIATIONS :

        The Corporation reserves the right to negotiate with the Tenderers.
        In the event of negotiations, the Tenderer will be required to
        confirm the negotiations in writing within the time stipulated. If the
        Tenderer fails to comply with this requirement, the Corporation
        reserves its right to ignore his quotation at its discretion.

24.     AGREEMENT :

        On acceptance of the quotation, the successful tenderer shall
        execute an agreement with the Corporation covering all the terms
        and conditions as per the format. Agreement enclosed forming part
        and parcel of the tender conditions.

        A copy of the Agreement format is attached to the tender
        documents. Every tenderer should acquaint himself with the terms
        contained in the said agreement format. Every tenderer should also
        note that the terms contained in the agreement format shall apply
        to the contract that will come into play with acceptance of the
        quotation. In other words on issuance of the purchase order to the
        successful tenderer, the terms and conditions including the
        Arbitration clause contained in the agreement format will apply and
        bind both the parties viz. Corporation and tenderer, although the
        execution of the agreement will be done later.

        Every tenderer should sign and affix office seal on each page of the
        agreement format and Tender Conditions and submit the same
        along-with the quotation in token of having read and understood
        the contents of the same.

25.     GENERAL :

      a) Tenderers are requested to carefully study all the tender
         documents and the Tender Conditions before quoting their rates.


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          No alteration in the tender will be allowed after the opening of
          the tender.

      b) Every tender must be strictly in accordance with our conditions
         and specifications.


      c) All entries in the tender documents should be in Ink/Typed. All
         corrections should be attested by full signature of the
         Tenderer. Corrections wherever necessary should be made by
         scroring out the wrong words/figures by drawing a line across
         them and attesting these with full signatures. There shall be no
         erasures or over writing.

      d) The Tenderer should quote his rates for all items only in the
         prescribed form supplied by the Corporation. All the rates given
         in the tender schedule should be expressed both in figures
         and words, and where there is a difference between the       two,
         the rates given in words will be taken as authentic. Should there
         be any discrepancy between unit rate and amount the unit rates
         will be considered as the correct ones.

      e) When person signing the Tender/Agreement is not the sole
         proprietor or authorised representative of the Company the
         original Power of Attorney or a notary certified copy thereof
         authorising such person to act and sign on behalf of the Company
         must be produced before signing the documents.

      f) The Corporation reserves the right to accept any tender in whole
         or in part and reject any or all tenders without assigning any
         reasons. The Corporation is not bound to accept the lowest rate
         for any tender and reserves the right to accept one or more
         tenders in part.

      g) The Corporation reserves its right to allow NSIC registered parties
         purchase preference as admissible under the policy of the
         corporation. The purchase preference shall be decided based on
         the price quoted by NSIC registered parties at the time of
         evaluation of the price bid as compared to L1 tender, provided L1
         tenderer is a large scale industry. If the price quoted by the NSIC
         registered parties is within 15% of the L1 price, and they are
         matching the L1/ negotiated L1 price. Negotiations will be held if
         required with L1 tenderer. The decision of the corporation in this
         connection will be final.

      h) It shall be understood that every endeavour has been made to
         avoid error which can materially affect the basis of Tender and the

Tenderer’s Signature with office seal     32
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




          successful Tenderer shall take upon himself and provide for risk of
          any error which may subsequently be discovered and shall make
          no subsequent claim on account thereof. No advantage is to be
          taken either by the Corporation or the Tenderer of any clerical
          error or mistake which may occur in the general specification,
          schedules, plans or Tender Forms supplied to the Tenderer.


      i) Any Tender received late or not conforming to the terms
         and conditions prescribed in the tender documents or not
         accompanied by the requisite Earnest Money will be
         rejected.

      j) Any terms and conditions attached printed overleaf of the vendors
         offer will not be binding on IOC

      k) The Tenderers may send their representative to witness the
         opening of tenders, on the appointed date and time if they so
         desire.

      l) Before issuing of the order if any dispute arises the same shall be
         referred to the Arbitration as per clause contained in the
         agreement format said above.

      m) All tenderers are required to submit Income Tax assessment order
         for the past 3 years. In case assessment for any year is not
         completed, the acknowledged copy of Income tax returns should
         be submitted.

      n) Declaration of Black listing / Holiday listing as per
         Annexure – IV should accompany the quotation in the
         proforma enclosed

      o) Tenderer should submit along with his tender, his Banker’s
         Certificate regarding the financial standing and his previous
         experience and capacity.

      p) Tenderers should submit a photo copy of Profit & Loss Account for
         last Three years along with quotation.

      q) Details on Tenderer’s relationship with IOC’s Directors
         should accompany the quotation in the proforma enclosed.

      r) The Corporation reserves the right to accept any tender in whole
         or in part and reject any or all tenders without assigning any
         reason. The corporation is not bound to accept the lowest or any
         tender and reserves the right to accept on or more tenders in part.
         The decision of the corporation in this connection will be final.


Tenderer’s Signature with office seal     33
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




      s) The Corporation reserve the right to split the quantity among
         different tenderers.
      t) Parties who do not have an established factory with all
         statutory licenses & registration shall not be eligible & shall
         be disqualified. No further correspondence shall be
         entertained in this regard.

      u) Tenderers should read the conditions of IOCL tender document
         carefully and return the document duly signed by them in token of
         having read, understood and accepted the conditions.

Tenderer should advise to IOC, HO / Plant / Lube Complex the daily
production / despatch details in the prescribed format by E mail.

The above mentioned terms and conditions are acceptable to us.




Tenderer’s Signature with office seal     34
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                     ANNEXURE-I
                                   TENDERER’S     DETAILS

      Name of the Tenderer                   Whether Sole Proprietor/Partnership/
                                               Private Limited or Public Limited Co.



     Address of the               Address of the Branch/     Address of the Factory Ex
    Registered Office             Office Quoting against    which supplies shall be made
                                        the Tender               against the Tender




    Name of the                  Address of the Proprietors/ Partners/ Directors
    Proprietors/
  Partners/Directors




    Year of                       Registration No.                         Year of
Establishment/          1. Under Companies Act -                      commencement of
Registration &                                                        production of item
     Date               2. Small Scale Industries -                       quoted for

                        3. DGTD –

                    4. P.F. -
Excise Registration No. Central Sales Tax Regn.No.             State Sales Tax Reg. No.



Name of the              Whether             Latest Income Tax           Whether copy of
Bankers                  Banker’s            Clearance Cert.No. &        ITC   Certificate
(Furnish Banker’s        Certificate         Date (Furnish copy of       enclosed
      Cert.)             enclosed            ITC Cert.)
                              Yes / No                                       Yes / No




Tenderer’s Signature with office seal        35
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




     Capital                Annual Turn Over for the last Three Years (Rs. in
Investment (Rs.)                                Lakhs)
                          (Photo copy of Profit & Loss Account should accompany the
                          quotation)

                               Year_________                Year________
                               Year________

Whether Company had any IR Problems during last 3 years                      --    Yes / No
 If yes give particulars with duration of period


                                 No. of Persons employed :

   Office     -

   Works      -

Power Availability in H.P.              :

Range of Products manufactured :
     Name of Products         Production Capacity (Qty. in Nos.)

                                        Per Shift           Per Month               Per Year




Name of Item Quoted against                         Production Capacity (Qty. in Nos.)
             this Tender
                                               Per Shift         Per Month        Per Year




QUANTITY OFFERED AGAINST TENDER : (Quantity in Lakhs)
                        MS BARRELS 1.25 MM (18-G)
From which Plant           Plain      Epiocated



Whether item quoted is completely manufactured in
Tenderer’s Factory                                                           Yes    / No

If no, give name and details of sub-contractors who
Supply major Components (Give details in separate
Sheet if necessary)

Details of Machinery Available for manufacturing of item quoted :


Tenderer’s Signature with office seal          36
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




H. MAJOR       MACHINERY

Details of Machines               No. of             Name of item         Semi-Automatic/
                                  machines          manufactured on        Fully Automatic
                                                       machine




  F.     ALLIED MACHINERY

Details of Machines               No. of             Name of item            Capacity
                                  machines          manufactured on
                                                       machine




                                    PRINTING FACILITIES

                                  No.of            Capacity of item on     Manual/Semi-
    Details of Machines           Machines        which printing can be   Automatic/Fully
                                                          done              Automatic




Tenderer’s Signature with office seal        37
               INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




         G.    LABORATORY / QUALITY CONTROL FACILITIES

   Name of Testing              Whether Q.C.          Whether test        Whether qualified
 Equipments avaliable             Tests are           Reports are       Personnel employed
                                 conducted           maintained (at     for carrying out Q.C.
                                                    least for 1 year)          Checks




Whether Tenderer Possessing the ISO 9000
Certificate. If so, give details
  List of large Companies / Public Sector Undertakings/ Oil Companies to which the
            item(s) quoted for have been supplied earlier in detail as under
    Name of the party            Year      Quantity       Quantity          Value of
                                           ordered         supplied       Order (Rs.)




   PLACE :
                                               SIGNATUREOF THE TENDERER WITH SEAL
   DATE :



   Tenderer’s Signature with office seal       38
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




           STATUS OF ORDERS OF OTHER CUSTOMER IN HAND


TOTAL CAPACITY OF THE PLANT                      -

Name of customer             PO Qty.     Average      Monthly    Remarks
                                         supply per   commitment
                                         month        to supply
                                                      brls.




IOCL at its option may check the details from Excise records of the party.

Any false information / hiding the information may result in cancellation of
tender of the party.




                                    Stamp & certified by Chartered Accountant




Tenderer’s Signature with office seal       39
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                              ANNEXURE-II


        DETAILS OF RELATIONSHIP WITH IOCL’S DIRECTORS ETC.

Tenderers should furnish following details in the appropriate part based on their
organizational structure.

Organizational Structure                                             Part of the form
applicable

Sole Trader                                  .........                     PART – A
Partnership                                   .........                     PART – B
Company Private/Public                      .........                     PART – C



                                            PART-A

           (APPLICABLE WHERE TENDERER IS SOLE PROPRIETOR)


1.      Name of Tenderer                :

2.      Address                         :      Residence                      Office




3.      State whether tenderer is
        related to any Director/(s)            :          Yes/No *
        of the Indian Oil Corporation
        Limited.

4.      If `Yes’ to 3, State the name
        of IOCL’s Director &
        Tenderer’s relationship with
        him/her.

                * Strike - out whichever is not applicable.



PLACE:

DATE :                                                    SIGNATURE OF THE TENDERER


Tenderer’s Signature with office seal           40
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                        PART - B


  (APPLICABLE WHERE THE TENDERER IS A PARTNERSHIP FIRM)



1.      Name of the Partnership firm            :
        responding to the tender

2.      Address                           :




3.      Name of Partners                  :

4.      State whether any of the partners :            Yes / No *
        is a Director to the Indian Oil
        Corporation Limited.

5.      If `Yes’ to 4, State the name(s) of :
        IOCL’s Director.

6.      State whether any of the partners :            Yes / No *
        is related to any of the Director(s)
        of the Indian Oil Corporation
        Limited.

7.      If `Yes’ to 6 State the name(s)                :
        of IOCL’s Director & the
        concerned partner’s relationship
        with him/her.

                * Strikeout whichever is not applicable.



PLACE:

DATE :                                    SIGNATURE OF THE TENDERER




Tenderer’s Signature with office seal      41
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                        PART - C


(APPLICATION WHERE THE TENDERER IS A PUBLIC/PRIVATE LTD. CO.)


1.      Name of the Company responding          :
        to the tender

2.      Address of                        :     (a) Registered Office:




                                                (b) Principal Office :




3.      State whether the Company is Pvt.       :
        Ltd. Co. or Public Ltd. Co.

4.      Name of Directors of the Company        :

5.      State whether any of the Directors    :        Yes/No *
        of the Tenderer Company is a Director
        of Indian Oil Corporation Limited.

6.      If `Yes’ to (5), State the name(s)      :
        of IOCL’s Director.

7.      State whether any of the Director of the :
        Tenderer Company is related to any
        of the Director’s of the Indian Oil
        Corporation Limited.

8.      If `Yes’ to (7), State the name(s) of
        IOCL’s Director & the concerned
        Director’s (of the tenderer Co.)
        relationship with him/her.

                * Strikeout whichever is not applicable.



PLACE:

DATE:                                           SIGNATURE OF THE TENDERER



Tenderer’s Signature with office seal      42
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                    ANNEXURE-III

                        MODEL FORM BANK GUARANTEE FOR
                         EARNEST MONEY DEPOSIT (EMD)

      (To be executed by Bank on Stamp paper of Appropriate value)

Bank Guarantee No               :       ________________________________

Dated                           :       ________________________________

Amount Rs.                      :       ________________________________

Valid upto                      :       ________________________________

To,

Indian Oil Corporation Limited.

Dear Sir,

In consideration of Indian Oil Corporation Limited (Marketing Division)
(hereinafter called the Corporation which expression shall include its
successors and assigns) having agreed, inter-alia to consider the tender
of M/s. __________________________________________________
having      its     Head     Office   /      Registered     Office    at
___________________________________________________________
(hereinafter called the `Tenderer’ which expression shall include its
successors        and      assigns)      for      the      work       of
__________________________________________ upon the Tenderer
furnishing an undertaking from Bank as hereinafter appearing in lieu of
cash deposit of Earnest Money.

We _______________________________ a body registered/constituted
under the ___________________________________having its Head
Office/Registered Office at _____________________________________
(hereinafter called the Bank which expression shall include its successors
and assigns so as to bind ourselves our successors and assigns) do
hereby undertake to pay the Corporation forthwith on demand without
protest or demur and without proof or condition the sum of Rs
.___________ payable by the Tenderer as by way of Earnest Money to
the Corporation PROVIDED ALWAYS that our liability hereunder shall on
no account exceed Rs. ______________________________
(Rupee        ________________________________________________
only).

        AND THE BANK DOTH HERE BY AGREE AS FOLLOWS:

Tenderer’s Signature with office seal        43
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




1.      This Guarantee / Undertaken shall be valid for all claims or demands
        made by the Corporation on the Bank upto and until mid-night of
        ______________________________20______ provided that if the
        aforesaid work tendered for or any part thereof shall be awarded to the
        Tenderer on or before the said date, whether on the basis of
        accompanying tender or on any other basis, then the validity of this
        guarantee/undertaking shall stand automatically extended for all claims
        and demands made by the Corporation upto until mid-night
        of________________________20______.

2.      The Corporation will have the fullest liberty without reference to the Bank
        and without affecting in any way the liability of the Bank under this
        Guarantee/Undertaking at any time and/or vary the exercise of any of the
        powers, rights, and obligations conferred on the Corporation under, the
        tender and/or under any contract consequent upon any award of work and
        to enforce or to forbear from enforcing any power, right or obligation or to
        do any other act which under law relating to the sureties could, but for
        this provision have the effect or releasing the Bank from all or any of its
        obligations hereunder.

3.      It shall not be necessary for the Corporation to proceed against the
        Tenderer     before    proceeding   against     the   Bank     and   the
        guarantee/undertaking herein contained shall be enforceable against the
        Bank as Principle, debtor notwithstanding the existence of any other
        security, for any indebtedness of the Tenderer to the Corporation and
        notwithstanding that any such security shall the time when claim is made
        against the Bank in proceeding taken against the Bank hereunder, the
        outstanding or unrealized.

4.      The amount stated by the Corporation in any demand claim, or notice, as
        the unpaid balance of the said Earnest Money for the time being shall as
        between the Bank and the Corporation for the purpose of these presents
        be conclusive of the said balance.

5.      The     liability of  the    Bank     to    the   Corporation    under   this
        guarantee/undertaking      shall   remain      in  full force    and   effect
        notwithstanding the existence of any difference or dispute between the
        Tenderer and the Corporation, or otherwise howsoever attached or
        effecting these presents or the liability of the Tenderer to the Corporation,
        and notwithstanding the existence of any instructions or purported
        instructions by the Tenderer or any other person to the Bank not to pay
        for any cause to withhold or defer payment to the Corporation under
        these presents, with intent that notwithstanding the existing of such
        difference, dispute or instructions, the Bank shall be and remain liable to
        make payment to the Corporation in terms hereof.

6.      This guarantee/undertaking shall not be determined or affected by the
        liquidation or winding up or dissolution or change of constitution or
        insolvency of the Tenderer or any change in the legal constitute of the
        Bank or the Corporation.

Tenderer’s Signature with office seal     44
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




The Bank doth hereby declare that

Shri : ______________________________________________________who
is     __________________________________________ is authorized to sign
this guarantee/undertaking on behalf of Bank & to hand the Bank thereby.


This________________________________day of_______________20_______



                                                                     Yours faithfully


                                                                           Signature


Name__________________________________________


Designation_____________________________________


Name of the Branch_______________________________




Tenderer’s Signature with office seal     45
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                  ANNEXURE - IV

        DELCLARATION OF BLACK LISTING / HOLIDAY LISTING

In the case of a Proprietary Concern :

I here by declare that neither I in the name of my Proprietary concern
M/s.____________________________________ which is submitting the
accompanying Bid / Tender nor any other concern in which I am
proprietor nor in any partnership firm in which I am involved as a
Managing Partner have been placed on black list or holiday list declared
by Indian Oil Corporation Ltd. or its Administrative Ministry, except as
indicated below :

( Here given particulars of blacklisting or holiday listing, and in absence
thereof state “ NIL”)

In the case of a Partnership Firm :

We hereby declare that neither we, M/s.___________________________
Submitting the accompanying Bid / Tender nor any partner involved in
the management of the said firm either in his individual capacity or as
proprietor of any firm or concern have or has been placed on blacklist or
holiday list declared by Indian Oil Corporation Ltd. or its Administrative
Ministry, except as indicated below :

(Here given particulars of blacklisting or holiday listing and in the absence
thereof state “ NIL”)

In the case of Company :

We hereby declare that we have not been placed on any holiday list or
black list declared by Indian Oil Corporation Ltd or its Administrative
Ministry, except as indicated below :

( Here give particulars of black listing or holiday listing and in the absence
thereof state “NIL”)

It is understood that if this declaration is found to be false in any
particular, Indian Oil Corporation Ltd. or its Administrative Ministry, shall
have the right to reject my / our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated.


Place :                                  Signature of Bidder_______________

Date :                                   Name of Signatory _______________


Tenderer’s Signature with office seal     46
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                              ANNEXURE -V


              INDEMNITY BOND FOR LOST DEPOSIT RECEIPT
                     (ON RS.200/- STAMP PAPER)

WHEREAS DEPOSIT RECEIPT NO........................... dated .................
for Rs..................... issued by Indian Oil Corporation Limited in favour of
the undersigned as Earnest Money Deposit for due fulfillment of our
obligations under the Tender No....................... in respect of
...................... has been mislead or lost by us and the same is not
traceable in spite of due and deligent search made by us for the same
AND WHEREAS Indian Oil Corporation Limited have at our request and
entirely agreed to refund to us the amount recovered by the said
DEPOSIT RECEIPT on our executing these presents in the manner
hereinafter appearing NOW KNOW YE AND THESE PRESENTS WITNESS
that            we,          THE           UNDERSIGNED                     (name              and
address)...........................................................................................
... for ourselves and our heirs execution and administrators and our
assigns do hereby agree convenent and undertake to Indian Oil
Corporation Limited and its successors and assigns fully and effectively
indemnified and keep Indian Oil Corporation Limited and its, successors
and assigns fully and effectively indemnified against all claims action and
demands, losses and damages and costs charges                                  and expenses
respectively that they and their successors and assigns might suffer and
be put to by reasons of refunding to us the under signed the sum
covered by the said DEPOSIT RECEIPT and we our heirs executors and
administrators and our successors and assigns hereby record having
agreed to reimburse Indian Oil Corporation Limited, the amount of all
claims, losses, damages costs charges and expenses suffered by them in
the premises aforesaid.

IN WITNESS WHEREOF we the undersigned have hereto set and subscribe
our signature the day and year first herein above written.



                                                                 Signature of the Executor

Witness:

1)      Name & Address :

2)      Name & Address :




Tenderer’s Signature with office seal           47
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                   ANNEXURE - VI

                       BANK GUARANTEE (SPECIMEN) FOR
                             SECURITY DEPOSIT

      (To be executed by Bank on Stamp paper of Appropriate value)

1.      In consideration of the INDIAN OIL CORPORATION LIMITED, having
        its Registered Office at G-9, Ali Yavar Jung Marg, Bandra (East),
        MUMBAI- 400 051 (hereafter called “the Corporation”) having
        agreed to exempt ....................... having its office at
        .....................(hereinafter called “the said Contractor” / “the said
        Supplier” / “the said Sellers” / “the said Buyers”) from the demand
        under the terms and conditions of an Agreement / Purchase Order
        / Work Order / Contract “ No...................... dated..................
        made between the Corporation and .............................................
        (hereinafter called “the said Agreement”/ “ the said Purchase Order”
        / the said Work Order” / “ the Said Contract “ ), of Security Deposit
        for the due fulfillment by “the said Contractors” / “the said
        Suppliers” / “the said Sellers” / ‘the said Buyers” of the terms and
        conditions contained in the said Agreement / Purchase Order / Work
        Order / Contract”, on production of a Bank Guarantee of Rs............
        ..           (Rs..................................................... only). We,
        .............................................. hereinafter referred to as “the
        Bank” (at the request of ........................... (Contractors /
        Suppliers / Sellers / Buyers*) do hereby undertake to pay to the
        Corporation an amount not exceeding Rs............ against any loss
        or damage caused to or suffered or would be caused to or suffered
        by the Corporation by Reason of any breach by the said Contractors
        / Suppliers/ Sellers / Buyers* of any of the terms of conditions
        contained in the said Agreement / Purchase Order / Work Order /
        Contract. *

2.      We........................... (indicate name of the Bank) do hereby
        undertake to pay the amounts due and payable under this
        guarantee without any demur, merely on a demand from the
        Corporation stating that the amount claimed is due by way of loss
        or damage caused to or would be caused to or suffered by the
        Corporation         by       reason    of   breach  by    the   said
        Contractors/Suppliers/Sellers/Buyers* of any of the terms or
        conditions contained in the said Agreement / Work Order/Contract*
        or by reason of the Contractors/Suppliers/Sellers/Buyers* failure to
        perform         the said Agreement/Purchase Order/Work Order
        /Contract*.       Any such demand made on the Bank shall be
        conclusive as regards the amount due and payable by the Bank
        under this guarantee. However, our liability under this guarantee


Tenderer’s Signature with office seal      48
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




        shall     be       restricted        to        an   amount   not   exceeding
        Rs................................ .

3.      We undertake to pay to the Corporation any money so demanded
        not      withstanding       any     disputes     raised    by    the
        Contractors/Suppliers/Sellers/Buyers* in any suit or proceeding
        pending before any court of Tribunal or Arbitrator relating thereto
        our liability under this present being absolute and unequivocal.
        The payment so made by us under this bond shall be valid
        discharge of our liability for payment there under and the
        Contractors/Suppliers/Sellers* shall have no claim against us for
        making such payment.

5.      We,................ (indicate name of the Bank) further agree that the
        guarantee herein contained shall remain in full force and effect
        during the period that would be taken for the performance of the
        said Agreement/Purchase Order/Work Order/Contract* and that it
        shall continue to be enforceable till all the dues of the Corporation
        under or by virtue of the said Agreement/Purchase Order/Work
        Order/Contract* have been fully paid and its claims satisfied or
        discharged or till the Corporation Certifies that the terms and
        conditions      of     the   said  Agreement/Purchase      Order/Work
        Order/Contract* have been fully and properly carried out by the
        said    Contractors/Suppliers/Sellers/Buyers*       and    accordingly
        discharge this guarantee. Unless a demand or claim under this
        guarantee is made on us in writing on or before............we shall be
        discharged from all liability under this guarantee thereafter.

6.      We,.................... (indicate name of the Bank) further agree with
        the Corporation that the Corporation shall have the fullest liberty
        without our consent and without affecting in any manner our
        obligations hereunder to vary any of the terms and conditions of the
        said Agreement/Purchase Order/Work Order/Contract* or to extend
        time           of          performance         by         the     said
        Contractors/Suppliers/Sellers/Buyers* from time to time or to
        postpone for any time or from time to time any of the powers
        excercisable        by      the    Corporation    against     the said
        Contractors/Suppliers/Sellers. Buyers and to forebear or enforce
        any of the terms and conditions relating to the said
        Agreement/Purchase Order/Work Order/Contract* and shall not be
        relieved from our liability by reasons of any such variation, or
        extension            being         granted      to         the    said
        Contractors/Suppliers/Sellers/Buyers* or for any forbearance act or
        omission on the part of the Corporation or any indulgence by the
        Corporation to the said Contractors/Suppliers/Sellers/Buyers* or by
        any such matter or thing whatsoever which under the law relating


Tenderer’s Signature with office seal             49
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




        to sureties would but for this provisions have effect of so relieving
        us.

7.      This guarantee, will not be discharged due to the change in the
        constitution       of         the      Bank        or       the
        Contractor/Suppliers/Sellers/Buyers*.

8.     We,................ (indicate name of the Bank) lastly undertake not to
       revoke this guarantee its currency except with previous consent of
       the Corporation in writing.



                                Dated   the........................... day of ..........19


        FOR........................................................................
                                      (indicate the name and address of the Bank)

    Strikeout words not applicable.




Tenderer’s Signature with office seal        50
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                ANNEXURE - VII




        SUB : TENDER NO. LM/PT-07/09 – SUPPLY OF
              18G 210 LTR. MS BARRELS AT KOLKATA.


THIS IS TO CONFIRM OUR ABILITY AND ACCEPTANCE TO
SUPPLY BARRELS EVEN UPTO TWICE THE PRORATA MONTHLY
ORDER QUANTITY (IN THE EVENT OF ORDER BEING AWARDED
TO US) IN A GIVEN MONTH BASED ON CALL UP FROM IOCL
AGAINST THE ABOVE REFERED TENDER.

WE ARE AWARE THAT SUPPLIES AGAINST THIS ORDER WILL
BE MADE FOR DEFENCE AND IT IS REQUIRED TO CO-
ORDINATE WITH DGQA FOR APPROVAL OF BARRELS.
QUANTITY FOR DEFENCE SUPPLIES FOR ONE CONSIGNEMENT
MAY VARY FROM 50 NOS. TO 2000 NOS. AND ABOVE.




                                    SIGNATURE & STAMP OF TENDERER.




Tenderer’s Signature with office seal     51
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                               ANNEXURE - VIII




        SUB : TENDER NO. LM/PT-07/08 SUPPLY OF
              18G, 210 LTR. MS BARRELS AT KOLKATA.



WE AGREE THAT THE AVERAGE WEIGHT OF THE BARRELS
SHALL BE 22.5 KG. FOR 18G BARRELS. IN CASE AVERAGE
WEIGHT OF CONSIGNEMENT IS LESS THAN THE ABOVE, THE
SAME SHALL BE REJECTED & SENT BACK AFTER DEFACING.

THE QUALITY CERTIFICATE SHALL ACCOMPANY WITH EVERY
CONSIGNEMENT. SPECIMEN COPY OF QC CERTIFICATE IS
ENCLOSED.

THE BUNGS SHALL BE USED OF TRISURE MAKE / OTHER MAKE
APPROVED BY IOCL.

PAINT SHALL BE USED OF BERGER / NAROLAC / ASIAN /
SHALIMAR MAKE ONLY.




                                    SIGNATURE & STAMP OF TENDERER.




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                                  ANNEXURE - IX

                                 MONTHLY STATEMENT


DATE /         CALLUP (QTY)             SUPPLY (QTY)              REMARKS
WEEKLY




i.      In case of revision of delivery/supply schedule, party should be
        informed in advance by the plant.

ii.     Plant Mgr. to ensure that reporting time of the truck be recorded at
        gate in the register maintain at gate.




SIGNATURE OF PLANT MGR. /                          SIGNATURE OF SUPPLIERS
OFFICER INCHARGE                                          REPRESENTATIVE
                                                              WITH OFFICE SEAL



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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




            INDIAN OIL BHAVAN, LUBES DEPARTMENT
                           G-9, Ali Yavar Jung Marg,
                        Bandra (East), Mumbai - 400 051.


                                                                            AFFIX
                                                                           RS.100/-
                                                                          ADHESIVE
                                                                            STAMP
                                                                             HERE

Articles of agreement made at MUMBAI this _____________day of
____________ One Thousand Nine Hundred and Ninety ______________
between the INDIAN OIL CORPORATION LTD.(MARKETING DIVISION), a
Corporation incorporated under the Indian Companies Act I 1956, being
an undertaking of the Govt. of India and having its Registered Office at –
Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai -
400 051 hereinafter referred to as “The Corporation” of the One part and
M/s. ______________________________ sole Trader/s Partnership
Firm/ Private/ Public Ltd. Co. registered under the Indian Partnership Act
of 1932 / Companies Act I, 1956 and having its office
at_________________________________________________________
___________________________________________________________
hereinafter called “The Seller” which expression shall be deemed to
include the seller’s        successors (approved by the Corporation)
representative, heirs, executors and administrators on the other part.
WHEREAS the Corporation is desirous of obtaining certain Equipment/
Materials specified in the attached Schedule and / or Purchase Orders and
WHEREAS the sellers have agreed with the Corporation for the supply of
the said stores specified in the said schedule upon certain terms and
conditions hereinafter provided and WHEREAS the parties are desirous of
reducing to writing the terms and conditions of the contracts on which the
sellers have agreed with the Corporation for the supply of the said
Equipment / Materials, NOW IT IS HEREBY AGREED by and between the
parties hereto as under :

1. EQUIPMENT/ MATERIALS TO BE SUPPLIED :

    The sellers shall duly supply the said Equipment/ Materials as per
    description, quantity and rates specified in the schedule and/or
    purchase orders placed by the Corporation from time to time and in all
    respects with the specification designs, drawings and instructions in
    writing referred to in schedule and or said Purchase Orders.

2. MANNER & PERIOD IN WHICH THE EQUIPMENT/MATERIALS
   ARE TO BE SUPPLIED :


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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




    The sellers agree and undertake to supply the equipment/ materials
    set    forth    in   the    schedules/    purchase      order    No.
    ________________________________________ dated ___________
    and subsequent amendments if any, issued thereto from time to time.

    The said equipment/materials being goods of merchantable quality
    shall throughout the stipulated period of the contract be supplied with
    the due diligence, promptness, care and accuracy and in a workman
    like manner to the satisfaction of the Corporation and in accordance
    with the said specification, designs, drawings and instructions or before
    the aforesaid due date, time being the essence of the contract on the
    part of the sellers.

3. INSPECTION OF SUPPLIES :

    The Corporation through its authorised representative reserves the
    right to inspect periodically during the manufacture or before delivery
    all equipment and materials and workmanship for the acceptance of
    quality and efficiency. The said representative will be sole judge
    thereof if at the time, during the progress of any particular portion of
    manufacture or before delivery of materials is unsatisfactory, the
    corporation shall be entitled to take action under clause No.5 (FIVE) of
    the Corporation’s General Conditions of Contract after giving the
    Sellers 15 days/ one month/ three months notice in writing as
    considered appropriate and the sellers will have no claim for
    compensation for any loss sustained by them owing to such action.
    All equipments and materials under or in course of execution or
    executed in pursuance of this contract, shall at all times be open to
    the inspection and supervision of the Corporation and their authorised
    representative Agents. The sellers shall at all time, during usual
    working hours and at all other times after having received reasonable
    notice, allow the Corporation and their authorised representatives and
    agents to visit the contractor’s premises and carry out the necessary
    orders and instructions.

4. PAYMENT :

   The Corporation shall pay to the Sellers in respect of the said
   equipment/materials mentioned in the schedule/ Purchase Orders on
   the basis of the rates specified in the said schedule/ purchase orders.

5. SECURITY DEPOSIT :

5.1 Within two weeks of Corporation’s communication to the successful
   Tenderer of acceptance of the rates, he will have to deposit with the
   Corporation a sum equivalent to 5% of the value of the contract


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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




     subject to maximum of Rs.1.00 Lakh (Rupees One Lakh only) as
     Security Deposit in any one of the following manner :

      a) Demand Draft/Pay Order of Scheduled/ Nationalised Banks in
         favour of the Corporation. Cheques are not acceptable towards
         Security Deposit. CASH / FDR / TDR towards S.D. will not be
         accepted.

      b) Guarantee Bonds executed by Nationalised Bank/ Scheduled Bank
         valid for a period of completion plus six months. If the suppliers
         desire to pay the Security Deposit by way of Bank Guarantee, they
         should submit Bank Guarantee for the full amount of before
         commencement of supply. The Bank Guarantee should be directly
         sent to the Corportion by the Bankers under their covering letter.
         No Bank Guarantee will be accepted for Security Deposit of value
         less than Rs.25,000/-.

          Public Sector Undertakings are not exempted from payment of
          Security Deposit.

        SECURITY DEPOSIT WILL NOT CARRY ANY INTEREST.

5.2 EXEMPTION FROM PAYMENT OF SECURITY DEPOSIT :

a)      Units Registered with National Small Industries Corporation, (NSIC)
        are exempted from payment of Security Deposit provided.

        i) The Unit is registered for the item/(s) ordered.
       ii) The value of the items ordered does not exceed the monetary
           limit indicated in the NSIC certificate.
      iii) Registration certificate is valid as on date of the order.
           Photostat copy of valid NSIC registration in support while
           claiming exemption should be produced.
           Registration of firm with DGS&D will not exempt the vendor from
           payment of Security Deposit.

      b) Public Sector Undertakings are not exempted from payment of
         Security Deposit.

5.3 We shall be entitled, without being bound to do so, to adjust the
    whole or any portion of the Security Deposit towards the recovery of
    any amount due to us from the Tenderer. The Security Deposit or
    such portion thereof as has not been adjusted towards the recovery
    of amounts due from the tenderer to us will be refunded to the
    Tenderer. Security Deposit will be refunded within 3 months of the
    satisfactory completion of the contract and after the deposit receipt is
    duly discharged and returned to the Corporation. No interest will be
Tenderer’s Signature with office seal     56
            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




      payable by the Corporation to the Tenderer on the amount of the
      Security Deposit.

6.    RISK PURCHASE :

      In case the successful tenderer fails to deliver the quantity as
      stipulated in the delivery schedule, Corporation reserves the right to
      procure the same or similar materials from alternative sources at the
      risk cost and responsibility of the successful tenderer.

7. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY :

     The sellers hereby agree to pay to the Corporation by way of liquidated
     damages, and not as penalty, an amount equal to ½% (half percent)
     of the contract value of the material so delayed for each week or part
     thereof of such delay in delivery subject to maximum of 15% of the
     total contract value.

8. SUB LETTING OF CONTRACT :

     The seller shall not sub-let or assign this contract or any part thereof
     without the written permission of the Corporation. In the event of the
     Seller’s sub-letting or assigning this contract or any part thereof
     without such permission, the Corporation shall be entitled to cancel the
     contract and the purchase the materials elsewhere on the Seller’s
     account and risk and the Seller shall be liable for any loss or damage
     which the Corporation may sustain in consequence of or arising out of
     such purchase.

9. INSPECTION & REPLACEMENT :

     We shall at all times be entitled to employ an inspector or inspectors
     (including inspectors of 3rd party agencies) of our selection at the
     factory or other premises of the tenderer where the said barrels are
     manufactured and such inspector or inspectors shall have free access
     to all parts of the factory or premises where the said barrels are being
     manufactured and to inspect and test the same and we shall have the
     right whenever it appears from such inspection or otherwise that the
     tenderer is not able to produce or may fail to produce the barrels
     complying in all respects with specifications to direct such changes in
     methods as may be necessary to secure production of the said drums
     complying with our specifications. Any barrels rejected by us for any
     reason whatsoever will be return to supplier after making ½ inch
     puncture on top of barrel. Costs incurred on this account shall be
     recovered from the supplier. Prior inspection/ISI marking on the
     barrels does not prejudice corporation’s right to demand
     repair/replacement of defective barrels.
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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




10. FORCE MAJEURE CLAUSE :

    If at any time during the continuance of the Purchase Order the
    performance in whole or in part by either party of any obligation under
    this purchase order shall be prevented or delayed by reason of any
    war, hostility act of public enemy, civil commotion, sabotage, fires,
    floods, explosions, epidemics, quarantine, restrictions, strikes, lockouts
    or acts of God (hereinafter referred as event) then provided notice of
    the happening of any such event if given by the party to the other
    within 21 days from the date of occurences thereof, neither party shall
    by reason of such event be entitled to terminate the contract nor shall
    either party have any claim for damage against the other in respect of
    such non-performance.

   Deliveries under the purchase order shall be resumed as soon as
   practicable after such event has come to an end or ceased to exist
   and decision of the Chairman /Director(M) of the Corporation
   concerned as to whether the deliveries have been so resumed or not
   shall be final and conclusive provided further that the performance in
   whole or part of any obligation under the contract is prevented/ or
   delayed by reason of any such event for a period exceeding 60 days
   either party may at its option terminate the purchase order.

11. CANCELLATION :

      The Corporation reserve the right to cancel the contract forthwith
      upon or at any time after the happening of any of the following
      events viz. –

      (a) If the Tenderer shall commit a breach of any of the terms and
         conditions of tender and fail to remedy such breach within fifteen
         days of the receipt of the written notice from us in regard thereto.

      (b) On the death or adjudication of insolvent of the Tenderer if he be
          an individual.

      (c) Liquidation whether voluntarily or otherwise on the passing of an
          effective resolution for winding up the Tenderer if it be a
          company.

      (d) If the attachment is levied or continued to be levied for a period
        of seven days upon the effects of the Tenderer or of any individual
        or partner of the Tenderer firm.

      (e) If the Tenderer does not adhere to the instructions which may be
         issued from time to time by us in connection with the manufacture
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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




          of the barrels, our right to so terminate the contract shall be
          without prejudice to any of our other rights and remedies against
          the Tenderer and in the event of our so terminating the contract,
          we shall not be liable to pay for any loss or compensation in
          respect of such termination.

      Corporation’s rights to terminate the contract shall be without
      prejudice to any of its other rights and remedies against tenderer and
      in the event of corporation so terminating the contract, it shall not be
      liable to pay any loss or compensation in respect of such termination.

12. JURISDICTION :

     The Courts in the city of Mumbai alone shall have the jurisdiction to
     entertain any application or other proceedings in respect of any
     disputes arising under this Agreement and any award made by sole
     arbitrator shall be filed in the concerned courts in the aforesaid city
     alone.

13. AGREEMENT :

     This agreement is subject to the General Conditions of contract in so
     far as the same is not inconsistent with or repugnant to the above
     clause. A copy of the General conditions would be deemed to have
     been studied and agreed to by the contractors before their signing this
     agreement.

This agreement is subject to the special conditions stipulated in our
schedule and or Purchase Order No. _______________________ dated
___________ and subsequent amendments, if any, issued from time to
time.



SIGNATURE OF (SELLER)                           SIGNATURE OF (CORPORATION)

           WITNESS                                              WITNESS




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                                         Encl. to Agreement

                 INDIAN OIL CORPORATION LTD.
                               (MARKETING DIVISION)

                   LUBES DEPARTMENT, HEAD OFFICE


          GENERAL CONDITIONS OF CONTRACT FOR SUPPLY OF
                     EQUIPMENT/MATERIALS

Throughout these conditions and in the specification (if any) hereto
annexed the terms :-

1. (a)“The Purchaser” means INDIAN OIL CORPORATION LTD.(MKTG.
       DIVISION.)

    (b) “The Indentor” means any Officer authorised by the Purchaser to
        order Equipments/ Materials.

    (c)   “The Inspecting Officer” means the person, firm, department
          nominated by the purchaser to inspect the equipment / materials
          on his behalf and the deputies of the Inspecting Officer so
          nominated.

    (d) “The Seller” means the person, firm or company with whom the
        order for supply of equipments / materials is placed and shall be
        deemed to include the seller’s successors, representatives, heirs,
        executors, and administrators duly approved by the purchaser.

    (e) “Sub-Contractor” means any person, firm or company from whom
        the seller may obtain any materials or fittings to be used in the
        supply of manufacture of the equipment materials.

    (f) “Drawings” means the drawings exhibited or provided for the
        guidance of the seller.

2. PURPOSE OF CONTRACT AND PARTIES TO THE CONTRACT :

   This contract is for the supply of equipments / materials of the
   description in the quantities set forth in the purchase order and or
   schedule to the purchase order. Except as hereby otherwise provided
   a verbal or written arrangement abandoning, varying or supplementing
   this contract or any of the terms hereof, shall be deemed provisional
   and shall not be binding on the purchaser unless or until the same is


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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




    endorsed on the contract or incorporated in a formal agreement and
    signed by the parties hereto and till then the purchaser shall have the
    right to repudiate such arrangement.

3. VALIDITY OF THE CONTRACT :

    The contract will be valid for a period of 24 months. Thereafter spill
    over quantity, if any will be drawn by the Corporation at their option.


4. BEST PRICE CLAUSE :

    The price charged for the material to be supplied under the contract by
    the successful tenderer for a particular location shall in no event
    exceed the lowest price at which the said successful tenderer sells the
    material of identical description to any other PSU Oil Company against
    any order received during the pendency of the contract awarded
    pursuant to this tender at the same location. If at any time during the
    pendency of the contract awarded pursuant to this tender, the successful
    tenderer sells the material of identical description covered under the contract to
    any other PSU Oil Company for the said location at a price lower than the price
    charged under the contract to IOC, such successful tenderer shall forthwith notify
    to IOC such reduction of price. In any event, the price payable by IOC for the
    said material shall stand correspondingly reduced forthwith from the day on
    which such sale is effected by the successful tenderer to other PSU oil Company.
    However, this Best Price clause shall not affect either parties’ rights and
    obligations under the contract, including those under the ‘Price Escalation / De-
    escalation’ clause.

5. INTERNAL CLEANLINESS :

    All barrels should be brand new and should be in such condition of
    internal cleanliness as will permit filling of barrels with high grade
    petroleum products without further cleaning/checking of the barrels
    becoming necessary. Barrels should be free from dust, water, dirt, rust
    etc. Barrels not found acceptable in this regard will be returned to the
    tenderer at his cost.        Decision of the Corporation/authorised
    representative of the Corporation at the receiving location as to
    whether the barrels are internally clean or not will be binding on the
    tenderer.

6. EXCISE DUTY :

    Excise Duty will be reimbursed at actuals as applicable on the date of
    delivery.




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




7. SALES TAX :

    The rate of Sales Tax payable will be as applicable at the time of
    delivery. Payment is subject to the condition and Seller’s written
    undertaking that the same is statutorily payable by the Seller to the
    Government and actually will be paid to the Government.

8. OCTROI :

    Octroi / Entry tax, if any, will be reimbursed by the Corporation at
    actuals as applicable on the date of delivery against production of proof
    of payment.

9. TURNOVER TAX (IF ANY) :

    Turnover tax as applicable, if any, will be reimbursed.

10. DELIVERY :

     The seller shall, as may be required by the Purchaser, either deliver
     free, or F.O.R. or C.I.F. at the place or places detailed in the purchase
     order or schedule thereto the quantities of equipments / materials
     detailed therein and the same shall be delivered or despatched not
     later than the dates specified in the purchase order / schedule.

11. TIME FOR A DATE OF DELIVERY / DESPATCH, THE ESSENCE OF
  THE CONTRACT :

    The time given for delivery / despatch shall commence from the date
    of the Purchase Order / Contract by the seller.

    The time for and the date of delivery / despatch stipulated in the said
    purchase order / contract for the delivery or despatch of the equipment
    / materials shall be deemed to be the essence of the contract and
    should seller fail to delivery / despatch the same within the scheduled
    delivery period the purchaser shall be entitled to withhold the payment
    if necessary until the quantity against the order has been supplied and
    also to recover from the seller the penalty as stipulated in the
    agreement.      Alternatively, at the option of the purchaser, the
    purchaser shall be at risk of the seller, the equipments / materials as
    aforesaid or if not available the best and nearest available substitute
    thereof, or to cancel the contract and the seller shall be liable for any
    loss or damage which the purchaser may sustain by reasons of such
    failure on the part of the seller.




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




12. EXTENSION OF TIME FOR DELVIERY :

    If such failure as aforesaid shall have arisen from any cause which the
    purchaser may admit as reasonable ground for extension of time, the
    purchaser will allow such additional time as he considers to be justified
    by the circumstances of the case and shall forgo the whole or such part
    as he may consider reasonable of his claim for such loss or damage as
    aforesaid and the decision thereon shall be final, provided that in such
    circumstances, instead of allowing time the purchaser shall have the
    option of terminating the contract and in that case no damage shall be
    claimable by the seller from the purchaser.

13. DRAWING, SPECIFICATIONS & PATTERNS :

    When tenders are called for in accordance with drawings,
    specifications, or sealed pattern, the seller’s tenders to supply in
    accordance with such drawings, specifications or sealed pattern shall
    be deemed to be an admission on his part that he has fully acquainted
    himself with the details thereof and in no circumstances will any claim
    on his part which may arise on account of his insufficient examination
    of the said drawings, specification or sealed pattern, be considered.

    If any dimensions figuring in a drawing, differ from those obtained by
    sealing the drawing, the dimensions as figuring in the drawing shall be
    taken as correct.

14. CHARGES FOR                WORK     NECESSARY      FOR    COMPLETION       OF
  CONTRACT :

    The Seller shall pay all charges for handling, stamping, painting,
    marking, protecting or preserving patent rights, drawings, templates,
    models and gauges and for all such measures as the purchaser may
    deem necessary for the proper completion of the contract, though
    special provision therefore may not be made in specification of
    drawings.

15. EXECUTION OF THE CONTRACT :

    The whole contract is to be executed in the most approved and
    workman like manner to the entire satisfaction of the purchaser or his
    deputed representative who has power to reject any of the equipment/
    materials of which he may disapprove and his decision thereon and on
    any question as to the true intent and meaning of the specification or
    drawings or of the work necessary for the proper completion of the
    contract shall be final and conclusive.



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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




16. SELLER’S RESPONSIBILITY :

    The seller is to be entirely responsible for the execution of the contract
    in all respects in accordance with the terms and conditions as specified
    in the acceptance of tender and the schedule annexed thereto. Any
    approval which the purchaser or his authorised representative may
    have given in respect of the equipment/ materials or other particulars
    and the work or the workmanship involved in the contract (whether
    with our without tests carried out by the seller or the purchaser’s
    representative) shall not be binding on the purchaser and
    notwithstanding any approval or acceptance by the purchaser’s
    representative it shall be lawful for the Consignee on behalf of the
    purchaser to reject the equipment/ material on arrival at destination if
    it is found that the goods supplied by the seller are not in confirmity
    with the terms and conditions of the contract in all respect.

17. INDEMNITY :

    The Seller shall at all times indemnify the purchaser against all claim
    which may be made in respect of the said equipment/ material for
    infringement of any right protected by the Patent. Registration of
    design or trade mark provided always that in the event of any claim in
    respect of any alleged breach of a patent, Registered design or trade
    mark being made against purchaser, he shall notify the seller of the
    same, and the seller shall be at liberty, but at his own expenses, to
    conduct negotiations for settlement or any litigation that may arise
    therefrom.

18. REMOVAL OF REJECTED EQUIPMENT & MATERIAL :

    When any material delivered at the Purchaser’s / Consignee’s depot
    are rejected on account of default on the part of the seller, they shall
    be removed by the seller within 14 days from the date of rejection.
    Such rejected equipment/ material shall be at the seller’s risk from the
    date of such rejection. If not removed within 14 days of rejection, the
    purchaser shall have the right to dispose such material/ equipment as
    he thinks fit at the sellers’ cost, risk and responsibility. Equipment/
    materials that have been despatched by road/ rail and rejected after
    arrival at destination may be taken back by the seller either at the
    Station where they were rejected or at the station from which they
    were sent. If the contract is placed for delivery F.O.R Station of
    despatch, the seller shall pay the carriage charges on the rejected
    consignments at Public Tariff Rail/Road rates as the case may be from
    the station of despatch to the station where they were rejected. If the
    seller elects to take the goods at the station from which they were
    despatched, the goods shall, in addition be booked to him freight to
    pay at Public Tariff Rail/Road rates as the case may be and at owner’s
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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




    risk. The property in goods shall not pass from the seller unless and
    until accepted by the purchaser after inspection.

19. PAYMENT :

    Corporation shall pay to the Sellers in respect to the said materials
    mentioned in the Purchase Orders on the basis of the rates specified in
    the said Purchase Orders.
    Two consolidated bills for supplies made (during 1st to 15th and 16th to
    end of the month) should be submitted respectively before 23 rd of the
    same month and 7th of the next month respectively to the Payment
    Authority (which will be indicated in the purchase order) duly
    supported by receipted challans etc. Payment of bills will be effected
    on or after 7th or 23rd of the following month respectively. Bills are to
    be supported by receipted challans duly receipted by our authorised
    representative at the receiving locations.

20. CLAIMS :

    The purchaser shall be entitled to retain the amount of any claim of the
    purchaser against the seller whether liquidated or unliquidated arising
    out of the contract under reference, or otherwise however, and set off
    the same protanto against amount payable to the seller under
    reference or otherwise however without prejudice to recover the
    amount of any claim as aforesaid.

21.     ILLEGAL GRATIFICATION :

    Any bribe, commission, gift or advantage given promised or offered by
    the seller or by any body on his behalf, to the purchaser or any person
    on his behalf either friend or relative, in relation to obtaining or
    execution of this particular or any other contract/(s) with purchaser for
    showing favour or disfavour to any person in relation to this particular
    or any other contract/s as aforesaid shall subject the seller to the
    cancellation of the particular and/ or any other all contracts entered
    into with them by the purchaser and also to payment of any loss or
    damage resulting from any such cancellation to the like extent
    provided in the Agreement.

    Any dispute or difference of opinion arising in respect of either the
    interpretation effect or application of this particular condition of the
    contract or of the amount recoverable hereunder from the seller shall
    be decided by the Director (Marketing) of the INDIAN OIL
    CORPORATION LIMITED and his decision shall be final and conclusive.

22. LAW GOVERNING THE CONTRACT :

    This contract shall be governed by the Law of India from time to time
    in force.
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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




23. MARGINAL HEADINGS :

    The marginal headings of conditions hereto shall not affect the
    construction thereof.

24. ARBITRATION :

        All questions, disputes and differences arising under or in relation to
        this Agreement shall be referred to the sole arbitration of the
        Director (Marketing) of the Corporation. If such Director (Marketing)
        is unable or unwilling to act as the sole arbitrator, the matter shall
        be referred to the sole arbitration of some other officer of the
        Corporation by such Director (Marketing) in his place, who is willing
        to act as such sole arbitrator. It is known to the parties herein that
        the Arbitrator appointed hereunder is an employee of the
        Corporation and may be Share holder of the Corporation. The
        arbitrator to whom the matter is originally referred, whether the
        Director (Marketing) or officer, as the case may be, on his being
        transferred or vacating his office or being unable to act, for any
        reason, the Director (Marketing) shall designate any other person to
        act as arbitrator in accordance with the terms of the Agreement and
        such person shall be entitled to proceed with the reference from the
        stage at which it was left by his predecessor. It is also the term of
        this Agreement that no person other than the Director (Marketing)
        or the person designated by the Director (Marketing) as aforesaid
        shall act as arbitrator. The award of the Arbitrator so appointed
        shall be final, conclusive and binding on all the parties to the
        Agreement and provisions of the Arbitration & Conciliation Act 1996
        or any statutory modification or re-enactment thereof and the Rules
        made thereunder and for the time being in force shall apply to the
        arbitration proceedings under this clause.


25.     POWERS :

    All powers reserved under the above condition shall be exercised by
    the Chairman & Director (Marketing) for INDIAN OIL CORPORATION
    LTD.


                                        ***********




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            INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION – LM/PT-07/09




                                  (Marketing Division)
                         G-9, Ali Yavar Jung Marg, Bandra (E)
                                   Mumbai 400 051.




                    TENDER NO. : LM/PT-07/09




                                 Tender Document for


SUPPLY OF (18G), 210 LITRES MS PLAIN BARRELS AT KOLKATA.




Tenderer’s Signature with office seal     67

				
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