Signature Not Signature Not Signature Not Signature Not Signature Not Signature Not Verified Verified Verified Verified Verified Verified Digitally signed Digitally signed Digitally signed Digitally signed Digitally signed Digitally signed by P N SALVE by P N SALVE by P N SALVE by P N SALVE by P N SALVE by R S MEENA 651129 651129 651129 651129 651129 903048 Date: 2009.11.25 Date: 2009.11.25 Date: 2009.11.25 Date: 2009.11.25 Date: 2009.11.25 Date: 2009.11.26 12:38:44 IST 12:59:20 IST 13:05:06 IST 13:06:42 IST 13:10:29 IST 10:45:31 IST CENTRAL RAILWAY Signature Not Signature Not MATERIALS MANAGEMENT DEPARTMENT Verified Verified PURCHASE TENDERS Digitally signed Digitally signed by R S MEENA by R S MEENA 903048 903048 SPECIAL CONDITIONS OF CONTRACT Date: 2009.11.26 Date: 2009.11.26 10:55:35 IST 11:10:26 IST 1.0 The PRESIDENT OF INDIA shall hereinafter be called the Notices PRESIDENT, the powers conferred upon the President by these conditions and all consents, directions, discretion and approvals to be given by him may unless otherwise expressly provided by these conditions be exercised and given by the General Manager, Central Railway, for the time being or any other officer deputed by the General Manager for that purpose. The tenderer whose tender is accepted is hereinafter called the ‘CONTRACTOR’. Any notice to be served on the Contractor shall be deemed to be sufficiently served.,if delivered,left at or sent by registered post addressed to the Contractor at his last known place of business. Any Notice to be served by the Contractor on the President shall be deemed to be sufficiently served if left at or sent by registered post addressed to the Controller of Stores, Central Railway, New Administrative Office, First Floor, Mumbai, CST. 2.0 No conditions, other than these special conditions and the said Indian Conditions of Railway Standard Conditions of Contract and the terms and Contract conditions contained in the Purchase order, shall govern this contract. A verbal or written arrangement abandoning, varying or supplementing this contract of any of the terms hereof shall be deemed conditional and shall not be binding on the President unless such variation or addition be endorsed on this contract or be embodied in a supplemental instrument and such endorsement or such supplemental instrument be signed by the Contractor and on behalf of the President by some person duly authorised for that purpose; till then the President shall have the right to repudiate such arrangement. 2.1 Acceptance of tender and all contracts for the supply of material are subject to the Indian Railway Standard Conditions of Contract and such amendments, additions or alterations as may be issued to these conditions from time to time and also to such instructions which may be issued from time to time by the Railway Administration for guidance of the Contractor. 3.0 The tenderer must deposit(EMD) with the Chief Cashier, Central Earnest Money Railway, the sum required vide Clause 5 of Instructions. Earnest /Security Deposit Money Deposit receipt must accompany tender- offer,else offer is liable to be rejected . In case tenderer is called upon to submit security deposit, the said amount must be deposited within 14 days of call letter date. No interest will be allowed on the earnest money or Security Deposit. In no circumstances cheques will be accepted towards Earnest Money Deposit or security deposit. 3.1 The Security Deposit referred in Clause 0500 of the Indian Railway Standard Conditions of Contract may be confiscated by the President in the event of any breach on the part of the Contractor of the terms of this contract in the event of anything becoming payable by the Contractor to the President at law or by virtue of this Contract. 3.2 The alternative forms in which Security Deposits for the due performance of contract will be accepted are given below:- a. Cash for which no interest will be allowed. Deposit not exceeding Rs.500 should be paid in cash. b. Government Securities (including investments in the National Plan Loans) in the form of G P Notes. c. Deposit Receipts/pay orders/demand drafts and guarantee bonds of any of the Nationalised or scheduled commercial Banks. (d) The Bonds of Indian Railways Finance Corporation and KRCL Bonds (in case of Bonds issued under non-cumulative interest scheme, post dated warrants should be submitted along with bonds and the interest warrants could be given back on and when the interest becomes due). (e) A deposit in Post Office Savings Bank Account. (f) Deposits in National Saving Certificates g. Treasury Savings Deposit Certificate h. National Plan Certificates at their surrender value. i. 12 years National Defence Certificates (at the surrender value) j. 10 years Defence Deposits (at their surrender value ie, face value minus Rs.325 per Defence Bond of Rs.50/=each) k. National Defence Bonds (at their surrender value). 3.3 Government Securities to be acceptable as deposits must be complete in respect of the following requirements:- a. All interest secured up-to-date should previously have been collected by the depositor. b. The tendered script should have at least two blank pages after depositor’s endorsement to the Railway. These are wanted for further endorsement to the currency authorities. c. Endorsement on the Government Securities should be ‘PAY TO THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER, CENTRAL RAILWAY OR ORDER’. d. If endorsement of the script are signed as per pro or on behalf of the previous holder a certificate from the Local Public Depot Officer is required in recognition to the validity of such endorsement. e. Government Securities will be accepted at the current market value, on the date of deposit. In case of any material depreciation in the value of Government Securities the Contractor will have to make good the difference. f. Interest on Government Securities endorsed in favour of the Financial Advisor and Chief Accounts Officer, Central Railway will be collected by the Railway through the Reserve Bank of India when it falls due in the case of Deposit to be held for over a year and whilst the contractor duly observes and performs the provisions of this contract will be remitted to the deposits by the Financial Adviser and Chief Accounts Officer. 3.4 The Security Deposit will be refundable i. on due fulfilment of the contract and on request from contractor intimating completion of contract and based on completion report cum loss/no loss certificate issued by consignee. and ii. on submission of a Clearance Certificate by the Contractor to the effect that the Contractor has received all dues arising out of this contract and that he has no claim whatsoever on the President against this contract. 4.0 All articles supplied by Contractor shall be to the description and Centrestage quality and strictly in accordance with the specification and or Responsibility approved sample. 4.1 The maker’s name of the material tendered for supply by the Contractor must be indicated in the challan accompanying the supply. When materials of more than one make are supplied the No.and quality of each make supplied to be given in the challan. 4.2 The raw material to be used for manufacture of stores to be supplied shall be new and not second hand and to the specification required. When called upon the Contractor must produce documentary evidence and relative test certificate to show that the material used was new and to the specification required. 4.3 When supplies are ordered for items involving cast iron to specification No.IS-210 the Contractor must supply test bars etc, as called for in respect of various grades of cast iron in the specification. 4.4 All stores ordered are subject to approval and inspection by the Controller of Stores or any other Officer whether of the Central Railway or RDSO or any other Railway or the DGS&D Inspection Wing,or RITES Organisation authorised by the Controller of Stores or the General Manager of the Railway and should they on inspection be found not to comply with the requirements or be found in any way damaged or unsuitable will be rejected and the decision of that Inspection Officer as aforesaid shall be final. The Controller of Stores shall also be at liberty to cancel the order and re-purchase at the risk and cost of the defaulting Contractor. 5.0 Facilities for test and examination – The contractor shall at his own expense afford to the Inspector all reasonable facilities and such accomodation as may be necessary for satisfying himself that the stores on being and/or have been manufactured in accordance with the particulars. The Inspector shall and have free access at any time during the execution of the contract to the Contractor’s works for the purpose aforesaid, and he may require the contractor to make arrangements for inspection of the stores or any part thereof or any material at his premises or any other place specified by the inspector and if the contractor has been permitted to employ the service of a sub-contractor he shall in his contract with the sub-contractor, reserve to the inspector a similar right. 5.1 Cost of test- The Contractor shall provide without any extra charge all Inspection & materials, tools and assistance of every kind which the inspector may Rejection demand of him for any test and examination, other than special or independent test, which he shall require to be made on the Contractor’s premises and the contractor shall bear and pay all costs attendant thereon. If the contractor fails to comply with the conditions aforesaid the inspector shall, in his sole judgement be entitled to remove for test and examination all or any of the stores manufactured by the contractor to any premises other than his (contractor’s) and in all such cases the contractor shall bear the cost of transport and/or carrying out such test elsewhere, a certificate in writing of the inspector that the contractor has failed to provide the facilities and the means for test and examination shall be final. 5.2 Delivery of stores for test – The Contractor shall also provide and deliver for test free of charge at such place other than his premises as the inspector may specify such material or stores as he may require. 5.3 Liability for costs of laboratory test – In the event of rejection of stores or any part thereof by the inspector in consequence of the sample thereof, which is removed to the laboratory or other place of test being found on test to be not in conformity with the contract or in the failure of the contractor for any reason to deliver the stores passed on test within the stipulated period the contract or shall, on demand, pay to the purchaser all costs incurred in the inspection and/or test. Cost of test shall be assessed at the rate charged by the laboratory to private persons for similar work. 5.4 The Contractor shall have to pay such fees as the Controller of Stores may require in connection with analysis or test of material such payments however will be enforced only in the event of supplies or any portion of them being found inferior to specification or stipulated quality. 5.5 In case of samples called for in connection with tenders against items for which specification exists, the test charges should be borne by the Contractor irrespective whether samples are suitable or not. 5.6 In the case of any material which has not been inspected at the maker’s works the manufacturer or supplier as the case may be, when required shall supply the Inspecting Officer with a certificate stating the process of manufacture and a test sheet signed by the manufacturer giving the results of mechanical test and chemical analysis applicable to the material purchased. Each test sheet shall indicate the number or identification marks of the costs or mixes to which it applies, corresponding with his number to be found in the forgings, casting, blooms, bars, ingots, paint drums, etc. 6.0 It should be noted that if a contract is placed on a higher tenderer as a Acceptance of result of this invitation to tender in preference to the lowest higher tender for acceptable offer, in consideration of offer for earlier delivery, the earlier delivery contractor will be liable to pay to the Government the difference between contract rate and that of the lowest acceptable tender on the basis of final price FOR destination including all elements of freight, sales-tax, local duties, duties and other incidentals, in case of failure to complete supplies in terms of such contract within the date of delivery specified in the tender and incorporated in the contract. This is in addition and without prejudices to other rights under the terms of contract and particularly clause 0702 of IRS Conditions of Contract. 7.0 In the case of contracts involving fabrication where the requisite raw Removal of raw material is to be supplied by the President, to the Contractor, the latter material for shall take delivery of raw material and remove the same within the fabrication time specified in the contract from such premises as may be specified by the General Manager, Central Railway, for the time being or any other Officer or Officers of the said Railway who may be deputed by the said General Manager in this behalf after making a cash deposit to the extent of the full value of such raw material within the prescribed time stipulated in the contract. In the event of failure on the part of the contractor to remove such raw material within the period stipulated in the contract for removal thereof after making the aforesaid cash deposit the contractor shall be liable to pay to the President storage charges at the rate of ½% per day of the value of the said raw material not so removed against the aforesaid cash deposit subject to a minimum of Rs.10/= per day and further the said raw material shall be permitted to be removed by the contractor only after the contrator had paid the storage charges to the President at the rate aforesaid. It is also a condition of the contract that in the event of failure on the part of the contractor due to any reason whatsoever to take delivery of and to remove the said raw material within the time specified in the contract for the purpose, such raw material shall be deemed to have been supplied by the President to the contractor on the last day of he period specified in the contract for the removal of the said raw material by the contractor after making the aforesaid cash deposit, not with standing that the said raw material was not actually taken delivery of and removed by the contractor on or before such date. 7.1 Where any raw materials for the execution of the contract are Use of raw procured with the assistance of Government either by issue-from materials secured Government stocks or purchase under arrangements made or with Government permit(s) or licence(s) issued by Government, the contractor shall Assistance hold the said materials as trustee for Government and use such materials and solely for the purpose of the contract against which they are issued and not dispose of them without the permission of the Government and return. If required by the purchaser, all surplus or unserviceable materials that may be left with him after the completion of the contract or its termination for any reason whatsoever, on his being paid such price as Government may fix with due regard to the condition of the material. The freight charges for the return of the materials according to the directions of the purchaser shall be borne by the contractor in the event of the contract being cancelled for any default on his part, the decision of Government shall be final and conclusive. 7.2 In the event of a breach of the aforesaid conditions, the Contractor shall in addition to throwing himself open to action for contravention of the terms of the licence(s) or the permit(s) and/or for criminal breach of trust be liable to account to Government for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach. 7.3 If as a result of this invitation of tender, the contract is placed on the contractor subject to Govt’s assistance in the matter of procurement of raw material required for the manufacture of the finished products as per terms and conditions stipulated in the invitation to tender and the raw material is received by the contractor but the contract is cancelled at Contractor’s risk and expense on account of breach on his part, the purchaser reserves the right to re-purchase the defaulted quantity without a provision in the contract placed at contractor’s risk and the expense for Govt’s assistance in the matter or procurement of raw material and recover from the contractor the difference between the price payable under the contract and the contract placed on the contractor. 8.0 In the case of contracts expressly stipulating that the stores will be Assistance by way specially imported for the purpose of the contract, the President may of Import Licence. render assistance to the contractor for obtaining the necessary Import Licences. The issue of import licence, cannot however be guaranteed and n the event of the import licences not being issued to the contractor within six months from the date of the issue of the purchase order accepting the tender of the contractor, the contract, unless extended by mutual consent will automatically stand terminated without any financial repercussion or obligations on either side and the President will not be liable to pay any sum to the contractor on account of anything done or expenses incurred by the contractor with a view to perform the contract prior to such termination. 9.0 All items of Plant and Machinery and such other items of stores Warranty where defects came to notice only after it has been put to actual use are subject to the following warranty clause. 9.1.0 "The Contractor shall warrant that everything to be furnished hereunder shall be free from all defects and faults in material, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and in full conformity with the contract specifications, drawings or samples, if any and shall if operable operate properly. 9.1.1 This warranty shall survive inspite of payment for acceptance of goods, but shall expire 24 months after their delivery at ultimate destination in India or 18 months from the date of placing in service at ultimate destination in India, whichever shall be earlier except in respect of complaints defects and/or claims notified to the contractor within 2/3 months of such date. Any approval of acceptance by the Purchaser of the stores of the materials incorporated herein shall not in any way limit the contractors liability. 9.1.2 The Contractor’s liability in this respect of any complaints defects and or claims shall be limited to the furnishing and installation of replacement parts free of any charge or the repairs of defective parts only to the extent that such replacements or repairs are attributed to or arise from faulty workmanship or material or design in the manufacture of the stores provided defects are brought to the notice of the contractor within 3 months of their being first discovered during the guarantee period and 3 months from the date of expiry of warranty period or at the option of the purchaser to the payment of the value, expenditure and damages as hereafter mentioned. 9.1.3 The contractor shall, if required, replace or repair the goods or such portion thereof as rejected by the purchaser free of cost at the ultimate destination or at the option of the Purchaser the contractor shall pay to the purchaser value thereof at the contract price and such other expenditure and damages as may arise by reason of the breach of the condition herein specified. 9.1.4 All replacements and repairs that the Purchaser shall call upon the contractor to deliver or perform under this warranty shall be delivered and performed by the Contractor within six months (promptly and satisfactorily). If the contractor so desires, the replaced parts can be taken over by him or his representative in India for disposal as he deems fit within a period of three months from the date of replacement of goods/parts. At the expiry of this period, no claim, whatsoever, shall lie on the Purchaser. Moreover the purchaser may in his discretion recover the ground rent at the prevalent rate from the contractor for the stores which has been rejected during the warranty period for the specified period of 3 months. If the rejected material is not taken over within the period of 3 months by the contractor or his representative. 9.1.5 The warranty herein contained shall not apply to any materials which shall have been repaired or altered by the Purchaser on his behalf in any way without the consent of contractor so as to effect its strength performance or reliability or to any defect to any part due to misuse, negligence or accident. 9.1.6 The decision of the purchaser in regard to the contractor’s liability and the amount, if any, payable under this warranty shall be final and conclusive. 9.2 The Contractor shall be required to furnish a Bank Guarantee for PG BOND 10% of the value of the contract valid for the warranty period plus a further claim period of six months to back up warranty obligation in terms of the contract. 10.0 Special attention is drawn to the contractual obligations in respect of Delivery Time the delivery time. Definition of date of delivery in accordance with the essence of the Standard Conditions of Contract is detailed below for guidance. Contract 10.1 The delivery date in respect of the contract placed by the Central Railway shall be deemed to be as follows depending upon the type of delivery specified:- a. Where the inspector and the authority nominated for the purpose for taking delivery of the goods is the same, the date of delivery will be the date on which the goods are inspected provided always that they are found acceptable to the Inspector/Consignee. b. In case of delivery term "F.O.R station of despatch", the date on which the goods are placed on rail after inspection and acceptance by the inspector (representing authority different from the consignee wherever specified) is the date of delivery. c. In case where the delivery is"F.O.R Destination", the date on which the goods reach the destination is the date of delivery. d. In case of local delivery, the date on which the delivery is actually effected to the consignee after inspection by the nominated inspecting authority so specified, is the date of delivery. 10.2 Clauses 0601 to 0700 of I.R.S. conditions of contract enumerate the Delivery Time conditions with regard to the time and date of delivery. It will be seen the essence of therefrom that the time and date of delivery are the essence of the Contract contract and the supplier is required to supply the stores not later than the dates specified in the contract.Since the date of delivery is the essence of the contract, the Contractors are advised to note the above very carefully and ensure that they satisfy the delivery conditions with full knowledge of the implications of the delivery period quoted by them in terms of the above. Material should be despatched preferably by Road Transport/Personal Courier Services (wherever feasible) and hence delivery dates quoted shall be on ‘F.O.R destination"basis. Tenderers should quote delivery date/ schedule for each installment such that delivery of each installment itself is a contract with firm terminal delivery date. The delivery terms should not be vague and specific date/dates should be indicated by which the supplies should be completed by the tenderer for each installment making the contract ‘severable- contract for each installment" so as to allow no room for ambiguity. 10.3 All supplies offered for immediate delivery or " ex-stock" must be delivered or despatched within 7 days of the receipt of the order. 11.0 An order placed on the Contractor must be promptly acknowledged Order by him in the prescribed form sent along with order within 48 hours Acknowledgement of receipt of order. 12.0 If the delivery stipulated in the tender is not adhered to the Controller of Stores will be at liberty to cancel the order and re-purchase at the risk and the cost of defaulting firm without any further notice. 12.1 In cases of orders of stores to be delivered in instalments, if the contractor commits default in respect of any instalment, the Controller of Stores shall be at liberty to treat each instalment as a separate contract and require performance of the instalments or put an end to the contract entirely and in either case the Controller of Stores shall be at liberty to purchase the Railway’s requirements elsewhere at the risk and cost of the supplier. 12.2 In the event of any goods being rejected, the Controller of Stores shall be at liberty to purchase elsewhere or if not available the best and nearest available substitute without notice to the contractor at the risk and expense of the contractor, without prejudice to the other rights and remedies of the President. 12.3 The President may without prejudice to his other rights and remedies cancel those present at any time in the event of the contractor not strictly complying with all or any of the terms thereof . 12.4 In cases where only a portion of the stores ordered is tendered for Acceptance of inspection at the fag end of the delivery period and also in cases stores despatched where inspection is not completed in respect of the portion of stores after the expiry tendered for inspection during the delivery period because of the of delivery reason that adequate notice of inspection was not given by the period. contractor, the purchaser reserves the right to cancel the order for the balance quantity, at the risk and expense of the contractor without any further reference to him. If the stores tendered for inspection during or at the fag end of the delivery period are not found acceptable after carrying out the inspection, the purchaser is entitled to cancel the contract in respect of the same at the risk and expense of the contractor. If however, the stores tendered for inspection are found acceptable, the purchaser may grant an extension of the delivery period subject to the following conditions. a. The purchaser has the right to recover from the contractor the liquidated damages on the stores, which the contractor has failed to deliver within the period fixed for delivery. (b) That no increase in price on account of any statutory increase in or fresh imposition of customs duty, excise duty, sales tax, freight charges or on any account of any other tax or duty leviable in respect of the stores specified in the contract, which takes place after the date of delivery period stipulated in the contract, shall be admissible on such of the said stores as are delivered after the date of delivery stipulated in the contract. 12.5 The contractor shall not despatch the stores till such time an extension in terms of clause 12.4(a) and (b) above is granted by the purchaser and accepted by the contractor. If the stores are despatched by the contractor before an extension letter as aforesaid issued by the purchaser and the same are accepted by the consignee, the acceptance of the stores shall be deemed to be subject to the conditions(a) and (b) mentioned in clause 12.4 above. 12.6 In case where the entire quantity has not been tendered for inspection within the delivery period stipulated in the contract and the purchaser chooses to grant an extension of the delivery period, the same would be subject to conditions (a) and (b) mentioned in clause 12.4 above. 12.7 It should be noted that on the assurance of the earlier delivery at the Time preference rate of Rs……per …………plus…….FOR…….delivery within condition ………offered, this contract has been placed in preference to the lower acceptable offer at the rate of Rs…….per…plus…..FOR…..delivery within………. In case of failure to complete the supplies against the contract in terms hereof within the date of delivery specified herein the supplier shall be liable to pay to the Government the difference between the contract rate and that of the lowest acceptable tender or the final price FOR destination, including all element of freight, sales-tax, local taxes, duties and other incidents. This is in addition and without prejudice to the rights of the Government to recover all other losses and damages resulting from delayed supplies including the right of cancellation and re-purchase at your risk and expense and particularly the right of the Government under clause 0702 of the Indian Railways Standard Conditions of Contract. 13.0 All rejected articles must be removed by the firms at their own cost Rejection within 21 days from the date of Rejection Notice. Such rejected stores shall lie at the Contractor’s risk from the day of rejection. If the rejected supply is not removed within the specified time the Controller of Stores shall have the right to dispose off such stores as he thinks fit at the contractor’s risk and on his account. If the rejected stores are not removed within 21 days, ground rent or demurrage will be charged @ Rs.1.00 per day for articles weighing 50 kgs in weight and @ Rs.5.00 per day for bulkier or heavier articles and these charges shall be payable before the rejected stores are removed. 13.1 Should the rejected articles, be returned to the supplier or consigned at his request to any other Station both inward and outward, freight thereon will be calculated at Public Tariff Rate. Should rejected material be taken over by a local agent on behalf of the supplier and should the said articles have been originally booked by the supplier freight ‘to pay’ the proportionate inward freight on rejected material will be recovered from him at the Public Tariff Rate. 13.2 Notwithstanding any approval or acceptance of material conveyed by the inspecting officer at contractor’s premises on behalf of the purchaser, the consignee reserves the right to reject such material if it is found on receipt at the consignee’s and that the materials so supplied are not to the nomenclature and specifications/drawing to which material is ordered. 13.3 If any advance payment is made to the contractor on proof of despatch and the consignment is rejected by the consignee on receipt at his end, the contractor shall re-imburse the President, the payment if any received by him for such rejected material within 15 days of such notice for reimbursement issued by the Purchaser. The purchaser also reserves the right to recover such amount from the outstanding dues of the contractor against this or any other contract. 14.0 No quantity in excess of that ordered should normally be supplied and Excess quantity should any such excess be supplied, it is liable to be returned to the supplier at his risk and cost and the freight thereon in both directions will be recovered from him at the Public Tariff Rate. 15.0 Payment terms will be as per IRS Conditions of Contract Para 2300. Payment of bills The Railway will normally prefer to make 100% payment after receipt and acceptance of material by consignee. In the case of stock items ,bills on form No.SB2A/Rev88. shall be sent to the FA&CAO (Stores) in duplicate, supported by Receipt Notes. In the case of non- stock items delivered to stores depots, bills on form No.S272 SB2. should be submitted in sextruplicate to the consignee depot who will certify and pass the same for payment to the paying authority. In the case of non-stock items sent to the consignee direct, bills on form No.SB2/ Rev.in duplicate are to be submitted through the respective Controlling(gazetted) Officer of consignee to the Bill Paying Officer( Accounts Officer). To facilitate speedy payment to supplier, C Rly has introduced Electronic Fund Transfer (EFT) scheme through State Bank of India, Killick House, Fort, Mumbai 400 001. Supplier who desire to have their bills paid through EFT system are requested to furnish their bankers details (their bank must have EFT facility), bank account number. Supplier will have to fill in EFT mandate form which is enclosed with tender schedule and can also be obtained from Office of Controller of Stores, Central Railway, Mumbai, CST. 15.1 Advance payment will be made on proof of delivery ie, Receipted Delivery Challan duly signed by Gazetted Officer of consignee and inspection certificate. Balance on final acceptance of supply by the consignee. As advance payment is made only against proof of delivery, receipted challan, despatch documents including inspection certificate along with advance payment bill should be sent to the Accounts Officer with despatch advice to the consignee and Controller of Stores. While claiming advance payment the contractor should ensure that the following certificate is furnished on the bill failing which payment will not be made by the Paying Authority. "I/We have personally examined and verified and do hereby certify that goods in respect of which payment is being claimed have been actually despatched/delivered vide Lorry receipt No. …………….date……….(RR or PWB No……………….dtd……..and further that these goods are to the exact material in challan no…….dated……and covered by Inspection Certificate No……..dated…………. I/We hold myself/ourselves personally responsible for correctness of this statement." 15.2 When the material is delivered by the Contractor free to the consignee, the contractor must advice the Controller of Stores of the supply effected by sending a copy of their delivery challan. In cases where the materials despatched by Rail and advance payment is not claimed, the contractor must send the Railway Receipt to the consignee together with relative challan under a covering letter giving detailed despatch particulars and endorsing a copy to the Controller of Stores. 15.3 In modification of the condition No.2302(a) of the Indian Railway Standard Conditions of Contract, advance payments for the stores for each consignment thereof will be made to the Contractor only against proof of inspection and receipted delivery challan signed by Gazetted Officer of consignee. 16.0 In the event of the supplier causing any loss to the Railway Recovery of Administration through fraud negligence or any other action (direct or Railway’s claim contributory) or fail to pay on demand to the Railway Administration any money which he may be required to pay under or by virtues of the Conditions of Contract or by Law, the Railway Administration shall be at liberty to appropriate to the payment of such money either the whole or part there of as may be necessary to satisfy the Railway’s claims of any deposit made by the supplier against the contract and if the deposit amount be insufficient to pay the whole such moneys due to the Railway to cover the balance by deduction from any sum due or which may thereafter become due to the Railway under that contract or any other contract. 17.0 The Contractor shall not be entitled to any free pass/ concession over Passes Central Railway or any part thereof or any other Railway. 18.0 In the event of any question, dispute or difference arising under these Arbitration conditions or any special conditions of contract the same shall be referred to arbitration in accordance with clause 2900 of IRS Conditions of Contract. 19.0 Contracts are exempt from stamp duty in cases where Government (as Stamp duty apposite to the contractor) would, but for this exemption , be liable to pay such duty. 20.00 Force Majeur Clause- In the event of any unforeseen event directly interfering with the supply of stores arising during the currency of the contract such as war, insurrection, restraint imposed by the Government, Act of Legislature or other authority, explosion, accident, strike, riot, lock out or other dis-organisation of labour, acts of public enemy, acts of God, sabotage, the Contractor shall within a week from the commencement thereof notify the same in writing to the purchaser with reasonable evidence thereof. If the force majeure condition(s) mentioned above be in force for a period of 90 days or more at any time,the purchaser shall have the option to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 14 days notice to the contractor in writing. In case of such termination, no damages shall be claimed by either party against the other save and except these which had accrued under any other clause of this agreement prior to such termination. 21.0 Normally, prices quoted should be firm. However, where the firm Price variation insist on material price variation clause, the same can be considered clause only if they indicate the quantum of material price variation with reference to price notifications like IEEMA/JPC/SAIL/ MMTC and stipulate the price variation as per unit of finished item in relation to the variation in price for applicable raw material. Offers not stipulating specific price variation formula(e) & base indices with effective dates are likely to be ignored. 21.1 Further the price variation formula should be applicable for both increase and decrease in the prices of raw material and a maximum ceiling limit upto which the price variation clause will apply during the currency of the contract should also be indicated. 21.2 In the case of imported consignments, variation in final price may be allowed on variations in rates of customs duty and exchange rate provided the contractor has indicated the specific customs duty and exchange rate and the particular of FOB & CIF value in his offer which was prevalent on the date of his offer. 21.3 The formula should also cover the period of change when the price variation clause will apply ie the time lag from the date of change in the price of raw material and the date of application of price variation. 22.0 Unless otherwise specifically agreed to in terms of the contract, the Variation in purchaser shall not be liable for any claim on account of fresh Excise Duty, imposition and/or sales tax on raw materials and/or component used Customs Duty, directly in the manufacture of the contracted stores taking place and Sales-Tax during the pendency of the contract. 22.01 "Wherever Excise Duty is to be charged extra or included in the rates tender/s should clearly indicate the percentage of ED, to be charged extra or included in the rates. If the percentage being charged extra or included in the rates are at concessional rates of ED, the reasons for the same should be clarified without any ambiguity. In the absence of clear indication regarding the rates of ED, being charged by the tenderer/s the valuation of tender will be based on full rate of ED applicable/chargeable for the item. Variation in the ED on turnover account is not admissible.Only statutory variation other than above would be permitted. Mis- classification of goods if advised by the tenderer/s result in a different rates of ED it will be at the risk and cost of tenderer/s statutory variation in the excise duty as claimed at the time of tendering would be payable subject to documentary evidence and after necessary modification to purchase order issued by the Purchaser to the Contractor." Sales-tax shall be chargeable as per statutory levy against concessional form C/D/H. Concessional ST form will be issued by purchaser and it’s legitimate use would be responsibility of supplier. 23.0 Clause for imported stores on FOB delivery basis -Shipment of Clause for Stores beyond the stipulated delivery period. In the event of the imported stores on contractor failing to ship the stores duly inspected and passed within FOB delivery the stipulated delivery period the purchase is entitled to cancel the basis. contract in respect of the same at the risk and cost of the contractor or invoke the clauses providing other remedies such as liquidated damages as provided in the contract. However, if he chooses, the purchaser may grant an extension of the delivery period subject to:- a. The purchaser recovering from the contractor liquidated damages as stipulated in the conditions of the contract for the stores, which the contractor has failed to ship within the period fixed for delivery after due inspection and passing of the stores. b. The purchaser retaining the right to recover any extra expenditure which might have been incurred by the purchaser on account of the increase in custom duty, extra bank charges for extending validity of Letter of Credit etc and freight charges directly related to the delay in shipping of the stores. 24.0 The Contractor shall not despatch the stores till such time an extension in terms of the above is granted by the purchaser. If the stores are despatched by the contractor before an extension letter as aforesaid is issued by the purchaser, the supply of the stores shall be deemed to be subject to condition set above. 25.0 In the case of FOB and C&F offers, insurance shall be arranged by Insurance the purchaser.However supplier shall intimate closing particulars to insurer ,purchaser and port consignee as per contract. 25.1 In the case of indigenous offers, the purchaser will not pay for transit insurance and the contractor will be responsible till the entire stores contracted to arrive in good condition at destination. The consignee will advise the contractor witin 45 (forty five) days of the arrival of goods at the destination any loss/damage etc of the goods and it shall be the responsibility of the contractor to lodge the necessary claim on the carrier and/or insurer and pursue the same. The contractor shall, however, at his own cost replace/rectify immediately to the entire satisfaction of the consignee, the goods lost/damaged, without waiting for the settlement of the claim. 25.2 The insurance covers provide that whenever an overaged vessel is used for shipment, an advance intimation is required to be given to the insurer and in such cases, the insurance is covered by charging a higher rate of premium. In all cases of C&F contracts any extra premium paid on account of use of overaged vessels by the supplier will be recoverable from the contractor. 26.0 Delivery, FOB – Invoice and Freight Delivery FOB 26.1 The stores shall be delivered by the contractor free on board(F.O.B) Invoice & Freight such vessels in such part or parts name in the quotation, as the purchser or his nominee may require. 26.2 Such number of inspection certificates, advice notices, packing accounts and invoices, as may be required by the purchaser or his nominee, shall be furnished by the contractor at his own cost. 26.3 Freight for the conveyance of the stores or any part thereof will be engaged by the purchaser or his nominee, who will give due notice to the contractor when and on board, what vessels they or such part thereof, are to be delivered. Should the stores, or any part thereof, be not delivered within 7 days of the receipt of such notice by the contractor, the contractor will be liable for all payments and expenses that the purchaser may incur, or be put to, by reason of such non- delivery including dead and extra freight, demurrage of vessels and any other charges incurred by the purchaser whatsoever. 26.4 If, by reason of a customs notification published after the placing of the contract, the stores to be supplied shall become, on exportation, subject to customs drawback in respect of duty paid on them or on the materials used in their manufacture, the contractor shall recover the amount of the drawback and the contract price of the stores shall be reduced by the amounts so recovered. 27.0 Shipments from parts of UK including Northern Ireland (Also EIRE), Details of from the North continent of Europe, (West Germany), Holland, shipping Belgium, France, Norway, Sweden, Denmark, Finland and parts on arrangement for the continental seaboard of the Mediterranean (I e French and Western Italian Port) to parts in India. 27.1 The Contractor should arrange shipment of stores by vessels belonging to the member lines of the India-Pakistan-Bangladesh Conference. If the contractor finds that the space on the Conference Lines’ Vessels is not available in any specific shipment, he should take up with the India-Pakistan-Bangladesh Conference, Conferity House, East Grinstead, Sussex (U K) for providing shipping space and also inform the Shipping Co-ordination and Chartering on/Shipping Co-ordination Officer of the Ministry of Shipping & Transport New Delhi (Cable" TRANSCHART NEW DELHI’ TELEX: VAHAN NO.2312, 2440 and 3104). 27.2 Shipments from U S Atlantic & Gulf ports-The Contractor should arrange shipment of stores by Vessels belonging to the member lines of the India-Pakistan-Bangladesh-Ceylon and Burma outward Freight Conference. If the Contractor finds that the space on the Conference Lines vessels is not available in any specific shipment, he should take up with the India-Pakistan-Bangladesh-Ceylon and Burma Outward Freight Conference, 25-Broadway, New York, N Y 10006, U S A for providing shipping space and also inform the Secretary, Ministry of Shipping & Transport, New Delhi (Cable: TRANSCHART: NEW DELHI TELEX:VAHAN NO.2312 2448 and 3104) 27.3 Shipments from St Lawrence and Eastern Canadian Ports. The Contractor should arrange shipment of stores by Vessels belonging to the following Shipping Lines:- 1. The Shipping Corporation of India Ltd 2. The Schindia Steam Navigation Co Ltd 3. The Canadian City Line Ltd, and 4. M/s Eliermen and Buckmall Steamship Co Ltd If the Seller finds that the space on the vessels of these lines is not available in any specific shipment, he should inform the Secretary, Shipping Co-ordination Committee, Ministry of Shipping and Transport, New Delhi (Cable TRANSCHART: NEW DELHI:TELEX:VAHAN NO.2312, 2448 and 3104) immediately so that dispensation from the shipping lines concerned to use alternative lifting may be sought. 27.4 Shipment from Polish Ports – The Contractor should arrange shipment of stores by vessels belonging to the Member Lines of the Indo-Polish Shipping Service on parity basis in accordance with the Indo-Polish shipping agreement. 27.5 Shipment from Japan- The shipment of cargoes should be made by Indian vessels to the maximum extent possible, subject to a minimum of 50%. The Shipping arrangements should be made in consultation with the Embassy of India in Tokyo, Japan to whom details regarding contract number, nature of cargo, quantity, ports of loading/discharge name of the Govt consignee, expected date of readiness of each consignment etc should be furnished atleast six weeks in advance of the required position. 27.6 Shipment from Bulgaria & Rumania – The Contractor shall arrange shipment of cargoes by Indian Flag vessels to the maximum extent possible, subject to a minimum of 50%. For the purpose of ascertaining the availability of suitable Indian vessels, Contractor shall give adequate notice of not less than six weeks about the readiness of cargo for shipment, to the Secretaries, Indo-Soviet Shipping Service, C/o the Shipping Corporation of India Ltd, SHIPPING HOUSE 229/232 Madame Cama Road, Mumbai 400021 (CABLE:SOVINSHIP, MUMBAI) and also endorse a copy thereof to the Secretary, Shipping Co-ordination Committee, Ministry of Shipping and Transport, New Delhi (CABLE:TRANSCHAPT, NEW DELHI:TELEX:VAHAN NO.2312, 2448 and 3104). 27.7 Shipments from west coast ports of USA, Canada, Atlantic Ports of Eastern Italy and Yogoslavia and other areas to India- The Contractor should arrange shipment of the Cargoes by Indian Vessels to the maximum extent possible, subject to a minimum of 50%. For the purpose of ascertaining the availability of suitable Indian vessels and granting dispensation in the event of their non-availability the Contractor should furnish the details regarding contract number, nature of cargo, quantity, port of loading/discharge, name of the Govt. consignee and expected date of readiness of each consignment etc to the Secretary, Shipping Co-ordination Committee, Ministry of Shipping and Transport, New Delhi (CABLE:TRANSCHART, NEW DELHI:TELEX:No.2312,2448 AND 3104) atleast six weeks in advance of the required position. 27.8 Shipment from the Black Sea Ports of USSR. (All contracts whether FOB/FOR/CIF/C&F)- Transportation of equipment and materials under this contract shall be done by the Soviet and Indian vessels belonging to the Indo-Soviet Shipping Service on parity basis in accordance with the Soviet-Indian Agreement of the 6th April, 1956 as amended upto date on the establishment of a regular shipping service between the prots of the USSR and INDIA. 27.9 Bills of Lading – C&F/CIF/TURNKEY Shipment – The Bill of Lading should be drawn to indicate ‘Shipper’ and ‘Consignee’ as under:- Shipper : The CIF/C&F/TURNKEY suppliers concerned. Consignee: As per consignee’s particulars in the Purchase Order (The name and address of the ‘Port Consignee’ and ‘Ultimate Consignee’ both should be indicated). 27.10 FOR Shipments – The Bill of Lading should be drawn to indicate ‘Shipper’ and Consignee as under:- Shipper : The FOR Suppliers concern. Consignee: Suppliers’ Indian Agents on Order. Note-(1) Moreover the name of the ‘Purchaser’ and ‘Ultimate Consignee’ should appear in the body of Bills of Lading as the ‘Notify Party’ or as a remark (2) Two non-negotiable copies of the Bills of Lading indicating the gross freight amount should be forwarded to the Secretary, Shipping Co-ordination Committee, Ministry of Shipping and Transport, New Delhi after the Shipment of each consignment is effected. (3) The Contractor should avoid the use of un- covered vessels for the Shipment of the goods under the contract and if so used the cost of additional insurance if any, shall be borne by the Seller. 28.0 Details of Shipping arrangement for Liner for Cargoes in respect of FOB/FOR contract for imports. 28.1 Shipping arrangements will be made by Chief Controller of Chartering/Shipping Co-ordination Officer, Ministry of Transport,Department ofSurfaceTansport,NewDelhi(CABLE:TRANSCHART:NEW DELHI:TELEX:VAHAN No.2312, 2448 and 3104) through their respective forwarding Agents/Nominee as mentioned below, to whom adequate notice of not less than six weeks about the readiness of cargoes for shipment should be given by the Sellers from time to time for finalising the shipping arrangements. Area Forwarded Agents/Nominee a) U K (including Northern Ireland (also ERE) M/s Schenkar & Co, GMBH 2000 The North Continent of Europe, West Germany Hamburg,11/POB/No.110328, Holland, Belgium, France, Norway, Sweden, (CABLE:Schenkerco-D TELEX: Finland and Denmark) and ports on the continental 217004-307 SHD Telephone Sea Board of the Mediterranean, (ie French and No.0401361351 Western Italian ports) and also Atlantic Ports) b) USA & CANADA M/s Dyson Shipping Co, Inc, One World Trade Cente Suite 1933, New York, N Y 10048, USA(CABLE:DYSON CO, NEW YORK TEL.(21775-1100 c) JAPAN The First Secretary(Commercial) Embassy of India, Tokyo (JAPAN) CABLE:INDEMBASSY TOKYO 24850 tel:2622391. d) AUSTRALIA,ALGERIA,BULGARIA The Shipping Corpn of India Ltd ROMANIA, ZECHOSLOVAKIA ‘Shipping House’ 245 Madame EGYPT,GDR Cama Road, Mumbai 400 021 (CABLE: SHIP INDIA, BOMBAY).TELEX: 312209 SCID III. TEL:232666-232785 e) Black Sea ports of Bulgaria & Romania The Secretaries, Indo SovietShipping Service C/o, The Shipping Corpn of India Ltd, Mumbai 400 021 (CABLE: SHIP INDIA:BOMBAY FOR SOVINSHIP) f) POLISH Ports POLAND The Secretaries, Indo Polish Shipping Service, C/o, Shipping Corpn of India Ltd, ‘Shipping House,245MadameCama Road, Mumbai 400021 (CABLE: SHIP INDIA, BOMBAY).TELEX: 312209 SCID III. TEL:232666 g) Other areas (including the Black Sea Shipping arrangements will be Ports of USSR) made directly or through Shipping Corporation of India Ltd, Shipping House, 245 Madame Cama Road, Bombay 400 021. (CABLE:SHIP INDIA:BOMBAY) TELEX:312209 SCID III TEL: 232666-232785. 2. Bills of Lading – The Bills of Lading should be drawn to indicate ‘Shipper’ and ‘Consignee’ as under:- SHIPPER : THE GOVERNMENT OF INDIA CONSIGNEE: As per Consignee’s particulars in the Purchase Order (The name and address of the ‘port consignees’ and ‘ultimate consignees’ should both be indicated) "Controller of Stores (shipping),central railway,Mumbai CST,PIN 400001" is PORT-CONSIGNEE. 3. The Contractor must despatch the following documents to Port Consignee by "Courier Service" immediately after shipment, with a view to ensure the receipt of the documents at least 20 days in advance of the arrival of the cargo at the Indian Port. a. One copy of original Negotiable Bill of Lading and one copy of non-negotiable Bill of Lading. b. Commercial Invoice separately for each consignee showing value of goods in triplicate. c. Copy of inspection certificate d. Packing list/shipping specification in duplication. e. Country of Origin Certificate. f. Statement showing the name of the steamer, description and weight of material and shipping marks. g. Copy of the cable/letter of closing particulars furnished to Insurance Company. Two non-negotiable copies of each of the Bill of Lading should also be forwarded to the Shipping Co-ordination Officer, Shipping Co-ordination & Chartering Division, Ministry of Shipping & Transport, New Delhi after shipment of Stores. One set of entire shipping documents listed above shall also be submitted at the same time to- a. Purchaser and b. Respective ultimate consignee. 29. Excise Duty refund – Please note that in case any refund of Excise Duty is granted to the Contractor by Excise Authorities in respect of stores supplied under the contract, the contractor will pass on the credit to the Purchaser/Manager/Proprietor/Accountant that the credit so passed on relates to the excise duty originally paid for the stores supplied under the contract. In case of contractor’s failure to do so within 10 days of the issue of the excise duty refund orders to him by the Excise Authorities, the purchaser would be empowered to deduct a sum equivalent to the amount refunded by the Excise Authorities without any further reference to the contractor from any of his outstanding bills against this or any of the pending Govt contracts and that no dispute on this account would be raised by you. 30. Book Examination clause:- The contractor shall whenever called upon and required to produce or cause to be produced for examination by any Government Officer duly authorised in that behalf, any cost or other account book of account, voucher, receipts, letter, memorandum, paper or writing or any copy of or extract from any such document and furnish information any wise relating to such transaction and procedure before the duly authorised Government Officer returns verified in such manner as may be required relating in any way to the execution of this contract or relevant for verifying or ascertaining the cost of execution of this contract (the decision of such Government Officer on the question of relevancy of any document. Information of return being final and binding on the parties). The obligation imposed by this clause is without prejudice to the obligation of the under any statute ,rules or orders shall be binding on contractor. 30.1 The Contractor shall, if the authorised Government Officer so required (whether before or after the prices have been finally fixed), afford facilities to the Government Officer concerned to visit the contractor’s work for the purpose of examining the process of manufacture and estimating or ascertaining the cost of production of the articles. If any portion of the work be entrusted or carried out by a sub-contractor or any of its subsidiary or allied firm or company, the authorised Government Officer shall have the power to examine all the relevant book of such sub contractor or any subsidiary of allied firm or company shall be open to this inspection as mentioned above. 2. If on such examination it is established that the contracted price is in excess of the actual cost plus reasonable margin or profit, the purchaser shall have the right to reduce the price and determine the amount to a reasonable level. 3. Where a contract provides for book examination clause, the contractor or its agency is bound to allow examination of its books within a period of 60 days, from the date the notice is received by the contractor, or its agencies calling for the production of documents as Para 30.0 above. In the event of contractors or his agencies failure to do so the contract price would be reduced and determined according to the best judgement of the purchaser which would be final and binding on the contractor and his agencies. 29. Increase/decrease of quantity- In respect of contracts valued over Rs.5 lakhs, the purchaser shall be entitled at any time before 90 days of the date of delivery or the extended date of delivery as stipulated in the contract, to increase or decrease the ordered total quantiteis of each description of stores shown in the schedule by not more than 30% of the ordered total quantity at the same price, terms and conditions as stipulated in the contract by giving a notice in writing of 90 days to that effect to the contractor and the contractor shall be bound to supply the quantities as ordered according to the revised delivery schedule advised by the purchaser. The revised delivery schedule shall be fixed by the purchaser on the basis of the original offer of the contractor. 30. "In the vent of a contract being cancelled for any breach committed and the purchaser effecting repurchase of the stores at the risk and cost of the contractor, the purchaser is not bound to accept the lowest tender of a benami or allied or sister concern of that contractor."
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