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Eastern Coalfields Limited
(A Subsidiary of Coal India Limited)
Office of the Chairman-Cum-Managing Director
Materials Management Department - Purchase wing
Sanctoria, P.O.- Disergarh, District-Burdwan, West Bengal- 713333
Telefax : 0341-2522061, email: mmecl@rediffmail.com
website: www.easterncoal.gov.in; CIN - U10101WB1975GOI030295
Purchase Order # 05835089 (40)
Date: 11/08/2015
PURCHASE ORDER
To:
M/s. Shri Hari International,
26, Armenian Street,
Kolkata – 700001.
REGISTERED POST
FAX: 033-2218 0666
Email: orderus@rediffmail.com
sales@shri-hari.in
Type of Tender: Open
Whether Govt. /PSU: Private
(Please quote Purchase Order No. & Date in all your correspondence)
Dear Sir,
Sub: Supply of 1(One) Set Anaesthesia Workstation for Central Hospital-Kalla of ECL.
Ref: (i)
Our Tender # ECL/PUR/71151150/E/Anaesthesia Workstation/050 opened on 02/09/2014
(ii)
Your online offer against the above.
With reference to above, please arrange to supply the following material as per terms and conditions mentioned
below & Annexure enclosed.
01. Scope of Supply:
Sr.
No.
1
DESCRIPTION
Anaesthesia Workstation
Make: Drager Medical, Germany.
Model: Fabius Plus, Isoflurane, Sevoflurane, Vista 120B
Monitor with Scio Four Oxi.
(Catalogue attached as Annexure - Y & Technical Specification
attached as per - Annexure Z.)
Qty.
reqd.
Unit Basic
Price (Rs)
1 No. 17,90,250.00
TOTAL(Rs)
Landed Price
(Rs)
17,90,250.00
17,90,250.00
Rupees – Seventeen Lakhs Ninety Thousand Two Hundred and Fifty only.
02. Rates: The above rates are on FOR Destination door delivery basis and firm till delivery. Rate shall not be subject to
any escalation till completion of supply.
03. Excise Duty: Nil.
04. Sales Tax: Inclusive within Landed Price. Present rate of WB VAT quoted by you is @ 5%.
05. Packing and Forwarding Charges: Nil.
1
Purchase Order # 05835089 (40) Date: 11/08/2015
06. Freight and Transit Insurance Charges: Nil.
07. Security Deposit: You shall have to deposit security money in the form of Bank Guarantee in our prescribed format
enclosed (Annexure - A) or in the form of Bank Draft of any Scheduled / Nationalised Bank payable at Asansol drawn in
favour of “Eastern Coalfields Limited” for 10% (ten percent) of the ordered landed value for Rs 1,79,025/-(Rupees One
Lakh Seventy Nine Thousand and Twenty Five only). The Bank Guarantee should be on a Non-judicial Stamp Paper in the
name of issuing bank. The Bank Guarantee should be kept valid till execution of the order complete in all respects but
minimum validity should be for 6 months. The security deposit will be refunded to you within 30 days of satisfactory
execution of the contract. For unsatisfactory performance and/or contractual failure, the security money shall be forfeited.
Two weeks time shall be given in the order to you to furnish the security deposit. In case, you fail to deposit the security
money, the order shall be cancelled and the case shall be processed to order elsewhere and your performance shall be kept
recorded for future dealings with you.
08. Consignee: Materials Manager of Chief of Medical Services (I/c), Central Hospital/Kalla-ECL, PO: CH Kalla,
Pin - 713340, Dist: Burdwan, (WB).
09. Paying Authority : General Manager(Finance)-In-Charge, ECL Hqrs., Sanctoria, P.O. Dishergarh - 713333, Dist.
Burdwan (West Bengal).
10. Payment Terms:
(i) 80% value of each equipment and the accessories and 100% Excise duty and full concessional ST/CST/VAT along with
100% transportation charges will be payable only within 21 days after delivery of the equipment at the project site and
receipt and acceptance of Performance Bank Guarantee for the equipments supplied, by the Paying Authority. The
equipment should be accompanied by relevant dispatch documents like challan, Makers Test-cum-Inspection Certificate,
Warranty Certificate ECL’s Inspection Certificate etc.
(ii) Balance 20% payment shall be made within 21 days of successful completion of installation and commissioning and
final acceptance of the equipment (along with accessories) at site upon presentation of a certificate from the Chief of
Medical Services – In-Charge, Central Hospital- Kalla to the effect that the equipment has been erected and commissioned
to their entire satisfaction.
No payment will be made for supply of incomplete equipment.
Payment would be made through e-payment, the details for which are as under:
SHRI HARI INTERNATIONAL
01) Name of the Payee in Block Letters.
26, ARMENIAN STREET, KOLKATA-700001.
02) Address
0303201009752
03) Bank A/c No. of Payee
CANARA BANK
04) Name of the Bank
CANNING STREET BRANCH, 700015008
05) Name of the Branch and Branch Code
AAXFS5536Q
06) PAN Card No. of Payee
07) Indian Financial Service Code (IFS Code) CNRB0000303
11. Submission of Bills:
(a) You shall submit bills (five copies) to the consignee along with the consignment and challan along with any other
requisite documents, if any.
(b) The consignee shall then send SR Notes, Challan, Inspection Note and Three copies of bills (including the
original) and any other requisite documents, to the Paying Authority.
Separate Bills/challans should be raised for each consignment and BC No. as mentioned in the Purchase Order should be
indicated in each bill.
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Purchase Order # 05835089 (40) Date: 11/08/2015
12. Dispatch instruction: Materials suitably packed to prevent loss/damage during transit should be dispatched by road to
consignee on freight paid basis.
13. Delivery: Should be made on FOR destination (door delivery) basis and to be completed within 3(three) months from
the date of receipt of the Purchase Order. No materials should be dispatched after expiry of scheduled delivery period
unless formal extension is issued by this office. Despatch of any materials beyond the scheduled delivery period shall
be at your sole risk and cost. Except under specific instructions, delivery to Stores is restricted upto 3:00 pm on all
working days except Saturdays.
14. Guarantee/Warranty: The materials must be guaranteed against bad workmanship, defective materials, correctness
of the parts and unsatisfactory service for a period of 30 months from the date of receipt and acceptance of materials at
consignee’s end or 24 months from the date of satisfactory installation and commissioning, whichever is earlier. If
found defective within the guarantee period, defective materials have to be replaced by you at your own cost within 30
days of getting intimation from user project/s or consignee.
15. Performance Bank Guarantee: You will have to furnish a Performance Bank Guarantee on any
Nationalized/Scheduled Bank in India, valid for at least for a period of 30(Thirty) months from the date of
commissioning at consignee’s end, for 10% landed value of the equipment including taxes and other levies etc. on
order as a coverage towards the Supplier’s performance against the Contract, in the standard format enclosed as
Annexure B. The Performance Bank Guarantee is to be sent directly by the bankers to the Office of the GM (MM)Purchase by Regd. Post (AD). No payment will be done without submission of Performance Bank Guarantee. Validity
of PBG may be extended in case of the tendered items does not work satisfactorily within the validity of the PBG. The
Bank Guarantee should be furnished on a non-judicial stamp paper worth Rs 50/- or more and as per the standard
format of ECL. The stamp paper for the purpose of Bank Guarantee must be in the name of the Bank. The total value
of the PBG shall be Rs 1,79,025/-(Rupees One Lakh Seventy Nine Thousand and Twenty Five only). The Performance
Bank Guarantee must be submitted within three weeks of placement of formal order and should be in the name of the
Bank. The PBG will be released after expiry of the validity period if no claim is pending, with the approval of
Competent Authority.
“If so desired, Security Cum Performance Bank Guarantee may also be submitted in prescribed format
enclosed (Annexure – C) in place of Separate Security money and Performance Bank Guarantee”
16. Guarantee of availability of spares: You will have to ensure the availability of spares for the proper maintenance and
operation of the instrument.
17. Installation and Commissioning: Preinstallation civil & electrical requirement will be made by the user. Installation
should be done free of cost at site.
18. Training: Should be done free of cost at site. Training to be provided at the time of installation & commissioning.
19. Inspection: The materials to be supplied against the order are subject to inspection by the authority to be deputed for
the purpose before dispatch, if required. The stores as received by the consignee will also be subject to inspection at
consignee’s end and the same shall be final and binding upon the supplier. If any stores are rejected, consignee will
have liberty to:a) Allow the supplier for satisfactory replacement of the rejected part within a specified time and supplier will bear
the cost of replacement such as freight etc. and any such replacement will be without being entitled to any extra
payment.
b) Buy elsewhere the quantity of stores similar to those rejected at the risk and cost of the suppliers.
c)
Terminate the contract whether in part or whole. Rejected part / quantity shall have to be removed by the suppliers
within 15 days of receipt of intimation of rejection.
3
Purchase Order # 05835089 (40) Date: 11/08/2015
Final Inspection shall be carried out by the authorised representative of Chief of Medical Services (I/c), Central
Hospital, Kalla, ECL, after receipt of materials at the Consignee’s end.
20. Price Fall Clause: The prices charged for the stores supplied under this contract shall in no event exceed the lowest
price at which you sell the stores or offer to sell the stores of identical description to any customer during the period of
contract. If at any time during the period of contract, you reduce the sale price of such stores or sell to any other
customer or offer to sell to any other customer at a price lower than the price chargeable under this contract, you shall
forthwith notify such reduction to us and the price payable under this contract for the stores supplied, after the date of
coming into force of such reduction in sale price, shall stand correspondingly reduced. You shall also be responsible
for intimating the same to us. You shall submit a certificate to this effect.
21. Price Certificate: You will have to certify on the bill that the prices charged are not higher than that applicable to all
your customers including Coal companies and other Indian Government Deptt./Organisation/DGS&D/Coal India Ltd
and its Subsidiaries etc.
22. Penalty for delay in supply or breach of any terms of the order: In the event of failure to deliver or dispatch the
stores within the stipulated date/period in accordance with the samples and/or specifications mentioned in the supply
order and in the event of breach of any of the terms and conditions mentioned in the supply order, we have the right:
a) To recover from you as agreed upon, liquidated damages @ 1/2 % (half percent) of the price of any stores, which
you have not been able to supply for each week or part of week during which the delivery of such store may be in
arrears limited to 10% (ten percent). Where felt necessary the limit of 10%(ten percent) can be increased to
15%(fifteen percent).
b) To purchase elsewhere, after due notice to you on your account and risk, the stores not supplied or other materials
of a similar description without canceling the supply order in respect of the consignment not yet due for supply.
or
c) To extend the delivery period with or without penalty, as may be considered fit and proper. The penalty imposed
shall not be more than the agreed liquidated damages referred to as clause (a) above.
or
d) To cancel the supply order or portion thereof if ECL decide purchase of stores at your risk and cost
e)To forfeit the security/earnest money or invoke the bank guarantee received.
f) Whenever under this contract any sum of money is recoverable from any payable by you, ECL shall be entitled to
recover such sum due or which at any time thereafter may become due to you in this or any other contract. Should this
sum be not sufficient to cover full amount recoverable, you shall have to pay to ECL on its demand the remaining
balance. You shall however, not be entitled to any gain on any such purchase.
23. West Bengal Road permit / Way Bill, if required, shall be obtained directly from the consignee.
24. One copy of the dispatch documents of each consignment should invariably be sent to this office.
25. Annual Maintenance Contract (AMC): shall be for 10(Ten) years after the expiry of guarantee/warranty period. The
user dept. / CMS, Central Hospital, Kalla shall enter into AMC with you from their end after completion of guarantee
/warranty period at terms and conditions of the AMC format enclosed as Annexure X1 & X2.
4
Purchase Order # 05835089 (40) Date: 11/08/2015
AMC for 10(Ten) years for the equipment:
AMC Period
AMC rate - 1st year after warranty
AMC rate - 2nd year after warranty
AMC rate - 3rd year after warranty
AMC rate – 4th year after warranty
AMC rate – 5th year after warranty
AMC rate – 6th year after warranty
AMC rate – 7th year after warranty
AMC rate – 8th year after warranty
AMC rate – 9th year after warranty
AMC rate – 10th year after warranty
BASIC
Nil
Nil
68200.00
68200.00
68200.00
68200.00
68200.00
68200.00
68200.00
68200.00
Other Charges/Service Tax @14%
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Total AMC charges for 10 years
LANDED
Nil
Nil
68200.00
68200.00
68200.00
68200.00
68200.00
68200.00
68200.00
68200.00
5,45,600.00
Service Tax, if applicable during the AMC period, then the same shall be dealt as per rule and paid extra, if applicable.
26. Any terms and conditions not specifically mentioned in any of the enclosures of this tender enquiry shall be governed
by the “General Terms & Conditions of Supply of Stores” as mentioned in Enclosure 6 hereto. Further, any terms
and conditions not specifically mentioned anywhere in the “General Terms & Conditions of Supply of Stores”, shall
be governed by the provisions of the Purchase Manual which is available in the web-site of Coal India Limited
namely – www.coalindia.in
27. Duplicate copy of this order, duly signed, should be returned within 15 days as token of acceptance. If within this said
period we do not receive the duplicate copy of this order duly signed, it will be presumed that you have accepted the
order.
28. Jurisdiction: Any dispute arising out shall come under the sole jurisdiction of Asansol Court (West Bengal)
Enclosures:
1. Annexure X1 & X2 – Format for AMC
2. Annexure Z – Technical Specifications
3. Annexure Y – Catalogue
4. Annexure A – Format for Guarantee Bond for
Security
5. Annexure B – Format for Performance Bank
Guarantee
6. Annexure C - Format for Guarantee Bond for
Security cum Performance
Yours faithfully,
For and on behalf of Eastern Coalfields Limited
Assistant Manager (MM)
Chief Manager (MM)
C.C: GM (MM)’s: BCCL/CCL/NCL/WCL/SECL/MCL.
C.C:CVO/CMS-I/C-Hqrs/GM(Finance)(I/C)-Paying Authority/Sr. Mgr(F)Bills/Progress Cell , ECL, Hqrs.-This has
reference to Indent No: ECL/CHK/Stores/E&M/05-06/CAP/P&M dated Nil received under cover of Note sheet ref. No.
Nil dated 25/7/11. Our IC no. is 71151150 dated 18/10/2011.
BC has been accorded vide # CB/NM/Hosp Equip/15-16/08 Dtd 08.08.2015 for Rs 17,90,250.00; FC # is
GM(F)/Anesthesia Workstation/15-16/88 dated 10/08/15 for Rs 17,90,250.00
C.C.: CMS (I/c)-Admn, Central Hospital, Kalla ECL.
CC: Materials Manager of CMS (I/c), Central Hospital, Kalla ECL --- The Consignee
C.C.: CMS (HOD)-Anaesthesiology, Central Hospital, Kalla ECL.
Copy by Registered Post to: M/s. Drager Medical (India) Pvt.Ltd, 1st Floor, Sanjay Bhawan, 44, Shanti Pally, Kolkata700107.
This has been issued with concurrence of finance and approval of competent authority.
Assistant Manager (MM)
Chief Manager (MM)
5
Purchase Order # 05835089 (40) Date: 11/08/2015
Annexure X 1
ANNUAL MAINTENANCE CONTRACT AGREEMENT (BIPARTITE)
This agreement made on this____________________________day of ______________ between M/s_______________________________________
having its office at ______________ _______________ ( hereinafter referred to as Supplier/ Manufacturer, the party of the FIRST PART, (which
expression where the context admits shall this include its successors in interest and assigns) and Central Hospital, Kalla, a Unit of Eastern Coalfields
Ltd (hereinafter referred to as The Customer / Purchaser), the party of the SECOND PART
Whereas as the Customer/Purchaser, the party of the second part, is desirous that bipartite Annual Maintenance Contract (without spares) of the
equipment ______________________________ should be executed for the maintenance of _______________(Detailed name of equipment)
________ supplied/installed at ______________________________, against Supply Order No. ________________ dated ________________ of the
Purchaser/Customer and has accepted the bid submitted by the supplier for the Annual Maintenance Contract (without spares) & supply order terms
under reference and whereas the supplier has agreed to execute the AMC on the terms & conditions as hereinafter referred to the Annual Maintenance
Contract cost indicated in the supply order. (inclusive of taxes, Duties, Levies, Octroi, Transportation, Handling, Insurance, Sales tax etc.).
And whereas the supplier in response to purchaser’s tender notice No. __________________________
dated ____________________, had submitted their offer and made other Correspondence/ Communications / Negotiations.
And whereas various General, Technical & Commercial Negotiations/Correspondences took place between Supplier & Purchaser as a result of which
Supplier’s final offer has been accepted and whereas the purchaser has already issued to the supplier vide ref. order no.
___________________________, which has been duly accepted by the supplier.
NOW THIS AGREEMENT WITNESSTH & THE PARTIES AGREES AS FOLLOWS
1. In pursuance of the agreement and in consideration of rate only as payable to the supplier shall start/ commence the work in manner as stated in
agreement.
2. The parties hereunder shall respectively and faithfully abide by the terms and conditions and stipulation contained in this agreement and
Perform/Discharge their part of the obligation of the agreement accordingly.
3. The agreement shall be executed within the purview of the Indian Laws.
4. In this agreement words and expressions shall have the same meanings as are respectively assigned to them in the conditions of agreement herein
before referred to.
5. The two sets of agreement shall be signed and one set of agreement shall remain with the PURCHASER and SUPPLIER.
6. The supplier has agreed 10 (Ten) Years Annual Maintenance Contract (without spares) for preventive and breakdown maintenance of the
supplied/installed equipment and its accessories in order to ensure proper functioning of the equipment. The AMC period will start only after
successful completion of Warranty period of 1 (one) year after successful installation, which is further extendable as per DOWNTIME PENALTY
Clause stipulation as under:
During warranty period of 1 year e.g. 12 months from the date of satisfactory commissioning / installation of the equipment, the user or representative
of CMS in charge Central Hospital, Kalla will maintain a logbook of the equipment ……………………………………………which will indicate the
usage of the equipment. If the availability of the equipment, during warranty period, falls below 90% e.g. assuming 329 working days in a year of 365
days, the warranty period will be extended for the breakdown days the equipment remains under breakdown below minimum 90% availability of the
equipment in terms of working days.
However the total working days plus the extended warranty period days will be limited to 329 days for total warranty period.
Annual Maintenance Contract (without spares) : All the Executors have agreed the Annual Maintenance Contract (without spares) charge in the
following manner :AMC
AMC
AMC
AMC
AMC
AMC
AMC
AMC
AMC
AMC
charge for charge
charge
charge for charge
charge
Name of the charge for charge for charge for charge
Equipment
1st year (in 2nd year
3rd year
for 4th
5th year
for 6th
for 7th
8th year
for 9th
for 10th
& Model
Rs.)
(in Rs.)
(in Rs.)
year (in
(in Rs.)
year (in
year (in
(in Rs.)
year (in
year (in
Rs.)
Rs.)
Rs.)
Rs.)
Rs.)
Note: Service Tax, if applicable, shall be paid extra as legally leviable. Present rate is _________.
6
Purchase Order # 05835089 (40) Date: 11/08/2015
However, the Executors have agreed that the Agreement will be initially entered for one year and shall be renewed annually thereafter and this renewal
shall be mandatory both for Supplier and Purchaser/Customer.
Scope of Work: This scope of work under this agreement for AMC will be as under :a) The AMC (without spares) will be effective from the day after successful completion of Warranty period. During AMC period, the Supplier will
have to pay four visits per year (every three month interval) for preventive maintenance while break down calls (Unlimited) will be attended within 120
hours (five Days) from the date and time of lodging of complaint with the Supplier through Phone/Fax/Person/Post/Courier/E-mail. The
Complaint/Message will be send to the address / Telephone number given in this contract as well as in the supply order.
b) If the break down is attended and rectified within 120 hours (Five Days) at our site no penalty/ deduction will be made from the AMC bill.
c) If it is not rectified within 120 hours (Five Days) i.e. stipulated period,, deduction will be made @
double the pro-rata basis AMC charges per day from the bill after allowing grace stipulated period of 120 hours e.g. (Five Days) .
d) If the problems are required to be rectified at the Supplier’s workshop/premises, additional 7 days period will be allowed. e.g. 12 days from the date
of initial breakdown report. Normal AMC charges for the additional 7 days period will be deducted from the bills of AMC on pro-rata basis. If the
equipments is not made available in all respects after rectification from the Supplier’s premises within 12 days, there will be provision to deduct @
double the AMC charges/day on pro-rata basis from the bills for the delayed period.
e) The above clauses shall be effective for the main equipment and also for the all the peripheral accessories supplied by the supplier as per the supply
order.
f) The Annual Maintenance Contract will be without spares and fitment, maintenance, repair of the equipment will be the sole responsibility of the
Supplier for which no extra charges will be paid to the supplier by Central Hospital, Kalla a Unit of Eastern Coalfields Ltd (The Customer / Purchaser)
apart from Annual Maintenance Charges.
g) It will be sole responsibility of the Supplier to ensure that there is no discontinuation of the AMC due to Change/Re-appointment of dealer etc.
Chief of Medical Services, CH, Kalla / his authorized representative will represent Customer/Purchaser (CH Kalla) for signing the agreement and its
further renewal.
PAYMENT TERMS:
a) No advance payment will be made to the supplier on account of the Annual Maintenance Contract. Rather, AMC charges will be paid on quarterly
pro-rata basis as per ECL norms (within 21 Days) after submission & acceptance of the bills, along with copy of satisfactory service reports from
customer’s end.
b) Service Tax: To be paid extra, as applicable and legally leviable.
c) INCOME TAX and other taxes, if any, shall be recovered by ECL (Purchaser/customer) as per statutory provision. TDS certificate will be given by
the ECL (Purchaser/customer) for deduction of tax.
d) INSURANCE: It will be responsibility of the supplier to take all the insurance required for this work such as third party insurance, against accident
etc. workman compensation etc. and any other insurance required for the work.
e) SETTLEMENT OF THE DISPUTES: All disputes or differences, whatsoever arising between the parties out of this contract shall be settled by the
CMD, ECL and whose decision shall be final and binding.
f) The Supplier shall familiarize himself and fully comply with the provision of all the Acts/Rules/ Regulations and orders of the State/Central
Government applicable to the work, payment of the Wages Acts, Workman’s Compensation Acts, Contract Labour (R&A) Act etc. and shall be fully
responsible and liable for due observance of the same.
g) Regarding Jurisdiction of the Court, the Competent Court will have jurisdiction under which working site is situated e.g. Asansol.
During AMC period the Supplier shall abide at all times by all existing labour and enactment & rules made there under regulations, notifications etc. of
State or Central Govt. or Local Authorities including rules and regulations by laws that may be passed in future either by State/Central Govt. or Local
Authority.
The Principal Supplier shall keep the Central Hospital Kalla a Unit of Eastern Coalfields Ltd (The Purchaser/Customer) indemnified in case any action
is taken against the Purchaser/Customer by the Authority on account of contravention of any of the provision of any act or rules made there under
pertaining to the supply, commissioning, and maintenance of the equipment(s) . If the Purchaser/Customer is caused to pay or reimburse such amount
as may be necessary to cost or absorbed or for non-observance or the provision stipulated in the notification by law/act/ rules/regulations etc. if any on
the part of Supplier then Central Hospital, Kalla, ECL, the Purchaser/Customer, shall have the right to deduct any money due to the supplier including
PBG. The employee of the supplier shall in no case be treated as the employee of the Central Hospital, Kalla, a Unit of Eastern Coalfields Ltd
(Purchaser / Customer) at any point of the time.
IN WITNESS WHEREOF the parties have hereunto set and subscribe their respective hands and seals at__________________ on the date, month and
year above written.
Signed and Delivered
By the said Second Party
By the said First Party
Signature:
Name:
Address:
Signature:
Name:
Address:
In the presence of Witness
Signature:
Name:
Address:
Signature:
Name:
Address:
7
Purchase Order # 05835089 (40) Date: 11/08/2015
Annexure X2
ANNUAL MAINTENANCE CONTRACT AGREEMENT (TRIPARTITE)
This agreement made on this____________________________day of ______________ between
M/s_______________________________________________ having its office at ______________ _______________ hereinafter referred to as
Supplier/ Manufacturer, the party of the FIRST PART, (which expression where the context admits shall this include its successors in interest and
assigns) and Central Hospital, Kalla, a Unit of Eastern Coalfields Ltd (hereinafter referred to as The Customer / Purchaser), the party of the SECOND
PART and M/s _______________________________ having its office at ______________________ hereinafter referred to as Authorised Indian
Agent, the party of the THIRD PART.
Whereas as the Customer/Purchaser, the party of the second part, is desirous that tripartite Annual Maintenance Contract (without spares) of the
equipment ______________________________ should be executed for the maintenance of _______________(Detailed name of equipment)
________ supplied/installed at ______________________________, against Supply Order No. ________________ dated ________________ of the
Purchaser/Customer and has accepted the bid submitted by the supplier for the Annual Maintenance Contract (without spares) & supply order terms
under reference and whereas the supplier has agreed to execute the AMC on the terms & conditions as hereinafter referred to the Annual Maintenance
Contract cost indicated in the supply order. (inclusive of taxes, Duties, Levies, Octroi, Transportation, Handling, Insurance, Sales tax etc.).
And whereas the supplier in response to purchaser’s tender notice No. __________________________
dated ____________________, had submitted their offer and made other Correspondence/ Communications / Negotiations.
And whereas various General, Technical & Commercial Negotiations/Correspondences took place between Supplier & Purchaser as a result of which
Supplier’s final offer has been accepted and whereas the purchaser has already issued to the supplier vide ref. order no.
___________________________, which has been duly accepted by the supplier.
NOW THIS AGREEMENT WITNESSTH & THE PARTIES AGREES AS FOLLOWS
1. In pursuance of the agreement and in consideration of rate only as payable to the supplier shall start/ commence the work in manner as stated in
agreement.
2. The parties hereunder shall respectively and faithfully abide by the terms and conditions and stipulation contained in this agreement and
Perform/Discharge their part of the obligation of the agreement accordingly.
3. The agreement shall be executed within the purview of the Indian Laws.
4. In this agreement words and expressions shall have the same meanings as are respectively assigned to them in the conditions of agreement herein
before referred to.
5. The three sets of agreement shall be signed and one set of agreement shall remain with the PURCHASER , SUPPLIER and the Authorised Indian
Agent.
6. The supplier has agreed 10 (Ten) Years Annual Maintenance Contract (without spares) for preventive and breakdown maintenance of the
supplied/installed equipment and its accessories in order to ensure proper functioning of the equipment. The AMC period will start only after
successful completion of Warranty period of 1 (one) year after successful installation, which is further extendable as per DOWNTIME PENALTY
Clause stipulation as under:
During warranty period of 1 year e.g. 12 months from the date of satisfactory commissioning / installation of the equipment, the user or representative
of CMS in charge Central Hospital, Kalla will maintain a logbook of the equipment ……………………………………………which will indicate the
usage of the equipment. If the availability of the equipment, during warranty period, falls below 90% e.g. assuming 329 working days in a year of 365
days, the warranty period will be extended for the breakdown days the equipment remains under breakdown below minimum 90% availability of the
equipment in terms of working days.
However the total working days plus the extended warranty period days will be limited to 329 days for total warranty period.
Annual Maintenance Contract (without spares) : All the Executors have agreed the Annual Maintenance Contract (without spares) charge in the
following manner :AMC
AMC
AMC
AMC
AMC
AMC
AMC
AMC
AMC
AMC charge
Name of
for 1st year
charge for charge for charge for charge for charge for charge for charge for charge charge for
(in Rs.)
2nd year
3rd year
4th year
5th year
6th year
7th year
8th year
for 9th 10th year
the
Equipment
(in Rs.)
(in Rs.)
(in Rs.)
(in Rs.)
(in Rs.)
(in Rs.)
(in Rs.)
year
(in Rs.)
& Model
(in
Rs.)
Note: Service Tax, if applicable, shall be paid extra as legally leviable. Present rate is ___________.
8
Purchase Order # 05835089 (40) Date: 11/08/2015
However, the Executors have agreed that the Agreement will be initially entered for one year and shall be renewed annually thereafter and this renewal
shall be mandatory for Supplier, Purchaser/Customer and the Authorised Indian Agent.
Scope of Work: This scope of work under this agreement for AMC will be as under :a) The AMC (without spares) will be effective from the day after successful completion of Warranty period. During AMC period, the Authorised
Indian Service Agent will have to pay four visits per year (every three month interval) for preventive maintenance while break down calls (Unlimited)
will be attended within 120 hours (five Days) from the date and time of lodging of complaint with the Supplier / Authorised Indian Service Agent
through Phone/Fax/Person/Post/Courier/E-mail. The Complaint/Message will be send to the address / Telephone number given in this contract as well
as in the supply order.
b) If the break down is attended and rectified within 120 hours (Five Days) at our site no penalty/ deduction will be made from the AMC bill.
c) If it is not rectified within 120 hours (Five Days) i.e. stipulated period,, deduction will be made @
double the pro-rata basis AMC charges per day from the bill after allowing grace stipulated period of 120 hours e.g. (Five Days) .
d) If the problems are required to be rectified at the Supplier’s / Authorised Indian Service Agent’s workshop/premises, additional 7 days period will
be allowed. e.g. 12 days from the date of initial breakdown report. Normal AMC charges for the additional 7 days period will be deducted from the
bills of AMC on pro-rata basis. If the equipments is not made available in all respects after rectification from the Supplier’s / Authorised Indian Service
Agent’s premises within 12 days, there will be provision to deduct @ double the AMC charges/day on pro-rata basis from the bills for the delayed
period.
e) The above clauses shall be effective for the main equipment and also for the all the peripheral accessories supplied by the supplier as per the supply
order.
f) The Annual Maintenance Contract will be without supply of spares, and fitment, maintenance, repair of the equipment will be the sole responsibility
of the Supplier / Authorised Indian Agent for which no extra charges will be paid to the Supplier / Authorised Indian Agent by Central Hospital, Kalla
a Unit of Eastern Coalfields Ltd (The Customer / Purchaser) apart from Annual Maintenance Charges.
g) It will be sole responsibility of the Supplier to ensure that there is no discontinuation of the AMC due to Change/Re-appointment of Indian
Authorised agent. In case of change of Indian Authorised Agent it will be binding on the Supplier to ensure discharge of AMC on the same terms and
conditions through new Indian Authorised Agent or to give AMC services on same terms and conditions himself. Chief of Medical Services, CH,
Kalla / his authorized representative will represent Customer/Purchaser (CH Kalla) for signing the agreement and its further renewal.
PAYMENT TERMS:
a) No advance payment will be made to the Authorised Indian Agent / Supplier on account of the Annual Maintenance Contract. Rather, AMC charges
will be paid on quarterly pro-rata basis as per ECL norms (within 21 Days) after submission & acceptance of the bills, along with copy of satisfactory
service reports from customer’s end.
b) Service Tax: To be paid extra, as applicable and legally leviable.
c) INCOME TAX and other taxes, if any, shall be recovered by ECL (Purchaser/customer) as per statutory provision. TDS certificate will be given by
the ECL (Purchaser/customer) for deduction of tax.
d) INSURANCE: It will be responsibility of the supplier/ Indian Authorised Agent to take all the insurance required for this work such as third party
insurance, against accident etc. workman compensation etc. and any other insurance required for the work.
e) SETTLEMENT OF THE DISPUTES: All disputes or differences, whatsoever arising between the parties out of this contract shall be settled by the
CMD, ECL and whose decision shall be final and binding.
f) The Supplier/Authorised Indian Agent shall familiarize himself and fully comply with the provision of all the Acts/Rules/ Regulations and orders of
the State/Central Government applicable to the work, payment of the Wages Acts, Workman’s Compensation Acts, Contract Labour (R&A) Act etc.
and shall be fully responsible and liable for due observance of the same.
g) Regarding Jurisdiction of the Court, the Competent Court will have jurisdiction under which working site is situated e.g. Asansol.
During AMC period the Supplier / Authorised Indian Agent shall abide at all times by all existing labour and enactment & rules made there under
regulations, notifications etc. of State or Central Govt. or Local Authorities including rules and regulations bylaws that may be passed in future either
by State/Central Govt. or Local Authority.
The Supplier/Authorised Indian Agent shall keep the Central Hospital Kalla a Unit of Eastern Coalfields Ltd (The Purchaser/Customer) indemnified in
case any action is taken against the Purchaser/Customer by the Authority on account of contravention of any of the provision of any act or rules made
there under pertaining to the supply, commissioning, and maintenance of the equipment(s). If the Purchaser/Customer is caused to pay or reimburse
such amount as may be necessary to cost or absorbed or for non-observance or the provision stipulated in the notification by law/act/ rules/regulations
etc. if any on the part of Supplier/Authorised Indian Agent, then Central Hospital, Kalla, ECL, the Purchaser/Customer, shall have the right to deduct
any money due to the supplier / Authorised Indian Agent including PBG. The employee of the supplier/Authorised Indian Agent shall in no case be
treated as the employee of the Central Hospital, Kalla, a Unit of Eastern Coalfields Ltd (Purchaser / Customer) at any point of the time.
IN WITNESS WHEREOF the parties have hereunto set and subscribe their respective hands and seals at__________________ on the date, month and
year above written.
Signed and Delivered
By the said Second Party
Signature:
Name:
Address:
In the presence of Witness
Signature:
Name:
Address:
By the said Third Party
Signature
Name
Address
By the said First Party
Signature:
Name:
Address:
Signature:
Name:
Address:
9
Purchase Order # 05835089 (40) Date: 11/08/2015
ANNEXURE – Y
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Purchase Order # 05835089 (40) Date: 11/08/2015
ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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ANNEXURE – Y
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Purchase Order # 05835089 (40) Date: 11/08/2015
ANNEXURE – Z
DETAILED TECHNICAL SPECIFICATIONS
NIT SPECIFICATIONS
Anaesthesia Workstation
MAIN COMPONENTS: Gas delivery system; Circle absorber system; Precision vaporizer for
halothane, isoflurane/Sevoflurane; Anaesthesia ventilator.
Essential accessories to make the system complete and compatible with the existing system of gas outlets.
Demonstration of the equipment as per specifications at the time of supply is a must.
Should be Compact, ergonomic & easy to use.
Machine should provide electronic gas mixing.
Multi-colour TFT display of at least 10” size, with virtual flow meters for O2, N2O or Air.
Dual Flow sensing capability at inhalation and exhalation ports.
Should have back-up O2 control which provides an independent fresh gas source and flow meter Control in
case of electronic failure.
Gas regulators shall be of modular design / graphic display
One no. yoke each for Oxygen & Nitrogen Oxide. Separate Pipeline inlet for Oxygen, Nitrous Oxide and Air
Hypoxic Guard to ensure minimum 25% O2 across all O2-N2O mixtures and Oxygen Failure Warning
BREATHING SYSTEM
Latex free fully autoclavable.
Flow sensing capability at inhalation and exhalation ports, sensor connections shall be internal to help prevent
disconnect.
Sensor should not require daily maintenance.
Bag to vent switch shall be bi-stable and automatically begins mechanical ventilation in the ventilator
position.
Adjustable pressure limiting valve shall be flow and pressure compensated.
STANDARD CIRCLE ABSORBER SYSTEM
Should have adjustable pressure limiting valve, breathing circuit pressure measuring device.
Should have a bag/ventilator selecting valve integrated onto the absorber.
Should be suitable to use low flow techniques.
Facility to attach oxygen sensor.
Should have CO2 absorbent chamber canister.
VAPORIZERS
New generation Vaporizer, must be isolated from the gas flow in the off position and prevent the
simultaneous activation of more than one vaporizer.
Vaporizer should mount to a Selectatec manifold of 2 vaporizers, which allows easy exchange between
agents.
Temperature, pressure and flow compensated vaporizers.
Maintenance free – for Isoflurane, Halothane, and Sevoflurane
VENTILATOR (Integrated)
The workstation should have integrated Anesthesia Ventilator system for adult and pediatric.
Ventilator should have Volume Control and Pressure Controlled SIMV and PEEP.
Ventilator should have a tidal volume compensation capability to adjust for losses due to compression,
compliance and leaks; and compensation for fresh gas flow.
The workstation should be capable of delivery of low flow anesthesia.
Ventilator should be capable of at least 120-150L/min peak flow to facilitate rapid movement through
physiologic “dead space” in the Pressure Control mode.
M/S. Shri Hari
International, Kolkata.
Make: Drager Medical, Germany
Model: Fabius Plus, Isoflurane,
Sevoflurane, Vista 120B Monitor
with Scio Four Oxi.
Complied
Complied
Complied
Complied
Complied
EL Display 6.5 inches
Flow Sensor at Exhalation Port
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
30
Purchase Order # 05835089 (40) Date: 11/08/2015
ANNEXURE – Z
ANESTHESIA MONITORING SYSTEM
Monitoring of vital parameters: ECG(5 leads) with ST segment analysis, NIBP, SPO2 and 2 Invasive Blood
Pressure & Spirometry with display of flow volume loops.
Twin temperature measurement with skin and rectal probes. Two sets with each monitor.
Automatic identification and measurement of anesthetic agents, EtCO2, O2 and N2O and MAC value. FiO2
measurement.
Neuromuscular Transmission Monitoring with all accessories. One set with each monitor.
24 hrs of graphical and numerical trending
Should have Haemodynamic, Oxygenation and Ventilation calculation package
Should include inbuilt Anesthesia record keeping software facility to document anesthesia event using standardized
menu based entries.
Facility to store snapshots during critical events for waveform review at a later stage
Audio visual and graded alarming system
DISPLAY OF VENTILATOR
Tidal volume (VI)
Inspiratory /expiratory ratio (I:E)
Inspiratory pressure (Pinspired)
Pressure limit (Plimit)
Positive End Expiratory Pressure (PEEP)
FOLLOWING TO BE SUPPLIED WITH THE MACHINE
Circle absorber – 01 (Twin Chamber)
Ventilator – 01
Monitor – 01
Vaporizer, halothane – 01, isoflurane – 01
Adult and Paediatric autoclavable silicone breathing circuits – 02
Reusable IBP Transducer – 04
Temp probe Skin reusable – 02
Probe Rectal Reusable – 02
Depth of Anesthesia Sensors 150
Accessories for neuromuscular transmission monitor – 02 sets
Disposable Adult & Paediatric circuits.
REQUIREMENTS
Should be supplied with negative pressure ‘leak test equipment
The unit shall be capable of operating continuously in ambient temperature of 10DC – 400C and relative humidity
of 15-90%
The Unit shall be capable of being stored continuously in ambient
Shall meet IEC-60601-1-2: 2001(or Equivalent BIS) General
Requirements of Safety for Electromagnetic Compatibility.
Anesthetic Gas Scavenging System / Port should be in place.
Supplier will be held responsible if this is not ensured at the time of installation.
Power input to be 220-240VAC, 50Hz/440V 3 Phase as appropriate fitted with Indian plug.
Service manual in English.
List of important spare parts and accessories with their part and costing.
Certificate of Calibration and inspection from the factory.
Electrical safety conforms to standards for electrical safety IEC60601/IS-13450
Manufacturer should be ISO certified for quality standards.
Certified to be compliant with IEC60601-2-13-Medical Electrical Equipments part 2~13:Particular requirements for
the safety of Anaesthesia Workstations.
Should have local service facility at Kolkata or near Asansol.
Log book with instructions for daily, weekly, monthly and quarterly maintenance.
Checklist List of Equipments available for providing calibration and routine maintenance support as per
manufacturer documentation in service/technical manual.
Must submit user list and performance report within last 5 years from major hospitals.
Assistant Manager (MM)
Complied, Spirometry not
available
Complied
Complied
Not available
Complied
Complied, Ventilation
calculation package not
available
Not available
Not available
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Leak test can be done in the
machine
Complied
Complied
Complied
Complied
Complied
Complied
Single phase
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Complied
Chief Manager (MM)
31
Purchase Order # 05835089 (40) Date: 11/08/2015
Annexure ‘A’
Guarantee Bond for Security
In consideration of M/s Eastern Coalfields Ltd. (A subsidiary of Coal India Ltd.), Sanctoria, P.O. Dishergarh, Dist. Burdwan (hereinafter
called “The Company”) having agreed to exempt M/s _______________________________ (Name and address of Contractor(s)
(hereinafter called “the said contractor(s)”) from the demand, under the terms and conditions of an Agreement / Order no.
__________________________________ dated _______________ made between the company and the said contractor(s) for
______________________________ (insert the job description of the agreement/order) (hereinafter called “the said Agreement”) of
security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said Agreement, on
production of a Bank Guarantee for Rs ________________ (Rupees ___________________________________ only) we
___________________________ (indicate the name of the Bank with Address) (hereinafter referred to as “the Bank”) at the request of
the contractor(s) do hereby undertake to pay the Company an amount not exceeding
Rs ____________ against any loss or
damage caused to or would be caused to or suffered by the Company by reason of any breach by the said contractor(s) of any of the
terms or conditions contained in the said Agreement.
2. We ______________________ (indicate the 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 Company stating that the amount claimed is due by way of loss or damage
caused to or would be caused to or suffered by the Company by reason of breach by the said contractor(s) of any of the terms and
conditions contained in the said Agreement or by reason of the said contractor(s) failure to perform the said Agreement. 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 shall be restricted to an amount not exceeding Rs __________________.
3. We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the said
contractor(s) in any suit or proceeding pending before any court of Tribunal relating thereto our liability under this present being
absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the said
contractor(s) shall have no claim against us for making such payment.
4. We, ______________________ (indicate the 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 and that it shall continue to be
enforceable till all the dues of the company under or by virtue of the said Agreement have been fully paid and its claims satisfied or
discharged or till the company certifies that the terms and conditions of the said Agreement have been fully and properly carried out by
the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing
on or before the ____________________ we shall be discharged from all liability under this guarantee thereafter.
5. We _________________________ (indicate the name of Bank) further agree with the Company that the Company 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 or to extend time of performance by the said contractor(s) from time to time, or to postpone for any time or from
time to time any of the powers exerciseable by the Company against the said contractor(s) and to forbear or enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension
being granted to the said contractor(s) or for forbearance, act or omission on the part of the Company or any indulgence by the Company
to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision,
have effect of so relieving us. The Bank further agrees that in case this guarantee is required for a longer period and it is not extended by
the Bank beyond the period specified above, the bank shall pay to the Company the said sum of Rs _________________ or such lesser
sum as may then be due to the Company and the Company may demand.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the said contractor(s).
7. The Bank has under its constitution power to give this guarantee and Mr. ________________ (Designation) who has signed it on
behalf of the Bank has authority to do so.
8. We ______________________ (indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except
with the previous consent of the Company in writing.
Dated the _____________________ Day of _________________
_____________________________
Signature of the Authorised Person
For and on behalf of the Bank
32
Purchase Order # 05835089 (40) Date: 11/08/2015
Annexure ‘B’
=/ LETTER OF PERFORMANCE GUARANTEE/=
Messers --------------------------- a company having its registered office at ------------------------------------------- (hereinafter called
the said seller) has entered into an agreement no.-------------dated------------- (hereinafter called the said contract) with Eastern Coalfields
Limited, having its registered office at Sanctoria, Post – Disergarh, Dist – Burdwan (West Bengal) (Pin-713333) (hereinafter called the
purchaser) to supply equipment on the terms and conditions contained in the said contract.
(1)
It has been agreed that hundred percent (100%) payment of the value of the equipment will be made to the said seller in terms
of the said contract, on the said seller furnishing to the purchaser a Bank Guarantee for the sum of Rs.-----------(Rupees-----------------------------) equivalent to -------% (------percent) of the value of the equipment supplied by the said seller, as security for the due and faithful
performance of the terms of the said contract and against any loss or damage caused to or would be caused to or suffered by the
purchaser by reason of any breach by the said seller of any of the terms or conditions contained in the said contract.
The ------------------Bank having its office at --------------------------------has at the request of the said seller agreed to give the
guarantee hereinafter contained.
(2)
We -------------------------Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur,
merely on a demand from the purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to
or suffered by the purchaser by reason of any breach by the said seller of any of the terms or conditions contained in the said contract or
by reason of the said seller’s failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the
amount due and payable by the Bank under this guarantee. We shall not withhold the payment on the ground that the said seller has
disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending
between the purchaser and the said seller regarding the claim. However, our liability under this guarantee shall be restricted to an amount
not exceeding Rs.--------------------------.
(3)
We ------------------------- Bank, further agree that the guarantee herein contained shall come into force from the date hereof and
shall remain in full force and effect during the period that would be taken for the performance of the said contract and that it shall
continue to be enforceable till all the dues of the purchaser under or by virtue of the said contract have been fully paid and its claims
satisfied or the purchaser certifies that the terms and conditions of the said contract have been fully and properly carried out by the said
seller and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the
------------(date)--------------(month) from the date of the Bank Guarantee, we shall be discharged from all liabilities under this guarantee
thereafter.
(4)
We ----------------(Bank), further agreed with the purchaser that the purchaser 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 contract or to extend
time of performance by the said seller from time to time or to postpone for any time or from time to time any of the powers exercisable
by the purchaser against the said seller and to forbear or enforce any of the terms and conditions relating to the said contract and we shall
not be relieved from our liability by reason for any such variation or extension being granted to the said seller or for any forbearance act
or omission on the part of the purchaser, or any indulgence by the purchaser, to the said seller or by any such matter, or thing whatsoever
which under the law relating to sureties would but for this provision have effect of so relieving us. The Bank further agrees that in case
this guarantee is required for a longer period and it is not extended by the Bank beyond the period specified above, the Bank shall pay to
the purchaser the said sum of Rs ------------or such lesser sum as may then be due to the purchaser and as the purchaser may demand.
(5)
We -------------- Bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the
purchaser, in writing.
(6)
The Bank has under its constitution power to give this guarantee and Mr. ……………, ……………….(designation ), who has
signed it on behalf of the Bank has authority to do so.
(7)
This Bank guarantee will not be discharged due to change in the constitution of the Bank or the said seller.
Dated ……………… day of …………..20
For …………………………. Bank
(Signature of the authorized person
for and on behalf of the Bank)
33
Purchase Order # 05835089 (40) Date: 11/08/2015
Annexure “C”
Guarantee bond for Security cum Performance
In consideration of M/s Eastern Coalfields Ltd. (A subsidiary of Coal India Ltd.), Sanctoria, P.O. Dishergarh, Dist. Burdwan (hereinafter called “The
Company”) having agreed to exempt M/s _______________________________ (Name and address of Contractor(s) (hereinafter called “the said
contractor(s)”) from the demand, under the terms and conditions of an Agreement / Order no. __________________________________ dated
_______________ made between the company and the said contractor(s) for ______________________________ (insert the job description of the
agreement/order) (hereinafter called “the said Agreement”) of security deposit for the due fulfillment by the said contractor(s) of the terms and
conditions contained in the said Agreement, on production of a Bank Guarantee for Rs ________________ (Rupees
___________________________________ only) we ___________________________ (indicate the name of the Bank with Address) (hereinafter
referred to as “the Bank”) at the request of the contractor(s) do hereby undertake to pay the Company an amount not exceeding
Rs
____________ against any loss or damage caused to or would be caused to or suffered by the Company by reason of any breach by the said
contractor(s) of any of the terms or conditions contained in the said Agreement.
2. We ______________________ (indicate the 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 Company stating that the amount claimed is due by way of loss or damage caused to or would be
caused to or suffered by the Company by reason of breach by the said contractor(s) of any of the terms and conditions contained in the said Agreement
or by reason of the said contractor(s) failure to perform the said Agreement and/or failure/malfunctioning of the materials/machines supplied within the
warranty period or such other or further extended period required for enforcing the warranty. 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 shall be restricted to an amount
not exceeding Rs __________________.
3. We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the said contractor(s) in any suit or
proceeding pending before any court of Tribunal relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the said contractor(s) shall have
no claim against us for making such payment.
4. We, ______________________ (indicate the 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 and/or performance of the materials/machines supplied till
expiry of the warranty period and that it shall continue to be enforceable till all the dues of the company under or by virtue of the said
Agreement/warranty have been fully paid and its claims satisfied or discharged or till the company certifies that the terms and conditions of the said
Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim
under this guarantee is made on us in writing on or before the ____________________ we shall be discharged from all liability under this guarantee
thereafter.
5. We _________________________ (indicate the name of Bank) further agree with the Company that the Company 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 or to
extend time of performance by the said contractor(s) from time to time, or to postpone for any time or from time to time any of the powers exerciseable
by the Company against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not
be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for forbearance, act or omission on
the part of the Company or any indulgence by the Company to the said contractor(s) or by any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have effect of so relieving us. The Bank further agrees that in case this guarantee is required for a
longer period and it is not extended by the Bank beyond the period specified above, the bank shall pay to the Company the said sum of Rs
_________________ or such lesser sum as may then be due to the Company and the Company may demand.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the said contractor(s).
7. The Bank has under its constitution power to give this guarantee and Mr. ________________
Bank has authority to do so.
(Designation) who has signed it on behalf of the
8. We ______________________ (indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except with the
previous consent of the Company in writing.
Dated the _____________________ Day of _________________
_____________________________
Signature of the Authorised Person
For and on behalf of the Bank
34
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