GLOBAL TENDER 6000102-HD-14001 - Hindustan Petroleum ...
GLOBAL TENDER 6000102-HD-14001 - Hindustan Petroleum ...
GLOBAL TENDER 6000102-HD-14001 - Hindustan Petroleum ...
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HINDUSTAN PETROLEUM CORPORATION LTD<br />
DIRECT SALES DEPARTMENT,SECOND FLOOR,HINDUSTAN BHAVAN<br />
8,SHOORJI VALLAB<strong>HD</strong>AS MARG,BALLARD ESTATE,MUMBAI-400001<br />
TEL : 91-22-22637223 FAX No : 91-22-22612944 / 22610610<br />
Email : hemachitra@hpcl.co.in<br />
<strong>TENDER</strong> No : <strong>6000102</strong>-<strong>HD</strong>-<strong>14001</strong><br />
Due Date : 06/12/2006 @ 15:00 Hrs(IST)<br />
EARNEST MONEY DEPOSIT : Rs 3.00 LAKHS(US $ 6500)<br />
MATERIAL : 352 MT OF PERFORMANCE ADDITIVE IN DRUM FOR<br />
THE MANUFACTURE OF FINISHED PRODUCT<br />
CONFORMING TO API GL4 AND GL5 AND BIS 1118<br />
QUALIFICATION<br />
INDEX OF CONTENTS<br />
ATTACHMENT I : COVERING LETTER FOR FOREIGN SUPPLIER(OTHER<br />
THAN INDIAN SUPPLIERS)<br />
ATTACHMENT II : UNPRICED BID FOR FOREIGN SUPPLIER<br />
ATTACHMENT III : PRICED BID FOR FOREIGN SUPPLIERS<br />
ATTACHMENT IV: TERMS AND CONDITIONS FOR IMPORTS(FOR<br />
FOREIGN SUPPLIERS)<br />
ATTACHMENT V : COVERING LETTER FOR INDIAN SUPPLIERS<br />
ATTACHMENT VI : UNPRICED BID FOR INDIAN SUPPLIERS<br />
ATTACHMENT VII : PRICED BID FOR INDIAN SUPPLIERS<br />
ATTACHMENT VIII : TERMS AND CONDITIONS FOR INDIAN SUPPLIERS.<br />
ATTACHMENT IX : SPECIFICATIONS OF THE ADDITIVE<br />
ATTACHMENT X : <strong>TENDER</strong>ER DETAILS<br />
ATTACHNENT XII: FORMAT FOR BANK GUARANTEE FOR EARNEST<br />
MONEY DEPOSIT
ANNEXURE -1<br />
DS/PUR/PTK/BHC DATE :09/11/2006<br />
Dear Sir,<br />
Subject : 352 MT OF PERFORMANCE ADDITIVE IN DRUM FOR<br />
THE MANUFACTURE OF FINISHED PRODUCT<br />
CONFORMING TO API GL4 AND GL5 AND BIS 1118<br />
QUALIFICATION<br />
Tender No : <strong>6000102</strong>-<strong>HD</strong>-<strong>14001</strong><br />
EMD : Rs 3.00 Lakhs (US$ 6500)<br />
Due On : 06/12/2006 Time : 15:00 HRS (IST)<br />
<strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Ltd., invites your quotation under<br />
two bid system (Unpriced & Priced) for the Supply of PERFORMANCE<br />
ADDITIVE IN DRUM FOR MANUFACTURING FINISHED PRODUCT AS<br />
SPECIFIED ABOVE, for a period of one year from the date of placement<br />
of the order and the rates quoted by you should be firm for the one year,<br />
no escalation shall be permitted over the finalized rate.<br />
The requirement of Additive at various locations is given below<br />
Mazagon Terminal : 200 MT ; Silvassa Terminal : 72 MT<br />
Chennai Terminal : 40 MT ; Budge Budge Tml : 40 MT<br />
The contract will be finalized only on one supplier location wise.<br />
Your quotation should indicate the following :<br />
1. Over all dimensions of package, gross & net weight.<br />
2. Price of individual items and total ex-works price.<br />
3. Packing & forwarding charges, if applicable and total FOB price<br />
(International Sea / Airport).<br />
4. Estimated Ocean freight / Air freight based on shipping<br />
arrangements and total C & F value.<br />
5. Applicable part list / catalogue in duplicate must accompany your<br />
offer.<br />
6. Shortest / guaranteed delivery period.<br />
Page 2
7. Period of validity of your quotation (must be valid for 180 days<br />
minimum from the date of opening of the tender).<br />
8. HS (Harmonised system) code for Customs Clearance purpose.<br />
9. Country of origin and Port of Shipment.<br />
10. Offer must mention ‘NO INDIAN AGENCY COMMISSION IS<br />
PAYABLE BY HPCL’ Please mention Tender No. and due date on top<br />
of the envelope.<br />
11.Third Party Inspection Charges (Lloyds Etc.) If applicable must be<br />
separately mentioned.<br />
12. Quotations must be submitted under two bid system (Unpriced &<br />
Priced)<br />
---------------------------------------------------------------------------------------------------<br />
Sr No. Documents With With<br />
Unpriced Bid Priced Bid<br />
------------------------------------------------------------------------------------------<br />
1. Unpriced Bid -<br />
2. Priced Bid - <br />
3. Tender Terms & Conditions -<br />
4. Technical Details -<br />
5. Tenderer’s details -<br />
6. Earnest Money Deposit -<br />
7. Samples (1/2 kg) for new Additive -<br />
which are not pre approved in our system)<br />
----------------------------------------------------------------------------------------------------<br />
The above two bids should be sealed in separate envelopes and<br />
both should be kept in common envelope superscribed with<br />
Tender No. and Due Date.<br />
13. All charges to FAS including Terminal Handling Charges will be to<br />
Sellers Account.<br />
PAYMENT TERMS<br />
Document Acceptance (D/A) payment in full at 60 days from Bill of<br />
Lading date by T/T.<br />
INSURANCE<br />
Insurance will be covered by us in India.<br />
DOCUMENTATION<br />
Standard commercial documents will have to be presented to the<br />
designated bank immediately after each shipment and advance copies to<br />
be airmailed to us which will be detailed in our formal purchase order.<br />
In case of items sent by air freight two copies of invoice, packing list and<br />
non negotiable copy of airway bill to be sent along with the packages.
Page 3<br />
SHIPMENT<br />
1. As per directive from the Government of India Shipping<br />
arrangements for all Government Cargo shall be made in consultation<br />
with The Secretary, Shipping Coordination Committee, Ministry of<br />
Shipping and Transport (CABLE : TRANSCHART, New Delhi, TELEX<br />
: 031 2312, 031-2348, 031 - 3104 ) through their forwarding<br />
agents as under to whom notice of less than six weeks about the<br />
readiness of each cargo for shipment should be given for finalising the<br />
shipping arrangements under intimation to us:<br />
a) For consignments from UK/Continental Ports :<br />
M/s.Schenker & Co. 2000, Hamburg 11, Bei Gen Murthen -5,<br />
Hamburg<br />
CABLE:SCHENKERCo.HAMBURG<br />
b) For Consignments from USA and Canada<br />
M/s.Opat Overseas Project Transport Inc., (A Thyssen Haniel<br />
Logistic Co.)<br />
46, Sellers Street Keanry N.J. 07032<br />
Tel.: (01)-998-7771, Telex : 673-3586 , Fax : 201-998-7833<br />
c) For Consignment from Japanese Ports :<br />
The Embassy of India, Tokyo, Japan<br />
2. ALL AIR FREIGHT SHIPMENTS SHALL BE ARRANGED<br />
THROUGHOUT AIR INDIA.<br />
3. ALL OCEAN FREIGHT SHIPMENT TO BE EFFECTED THROUGH<br />
INDIAN FLAG VESSELS ONLY.<br />
LIQUIDATED DAMAGES CLAUSE<br />
During the execution of order if the Vendor fails to deliver any or all the<br />
goods within the time period(s) specified in the Contract, HPCL may<br />
deduct from the contract price, as liquidated damages @ 0.5% per week<br />
of delay subject to a maximum of 5 % of the order value for delayed<br />
delivery.<br />
ARBITRATION<br />
The place of Arbitration will be Mumbai, India.
Page 4<br />
NOTES :<br />
1) Please note that you should send your quotations directly to HPCL<br />
and should not route through any Indian Agents under any<br />
circumstances , else offer shall be liable to be rejected.<br />
2) You are requested to advise us your recommended dosage of these<br />
additives in finished product, however decision of HPCL regarding<br />
dosage shall be final. (Dosage should be specified in the unpriced bid).<br />
3) Tenderer should quote their rates only on FOB basis and Ocean<br />
freight should be specified separately. Quotation received without<br />
FOB price shall be rejected without any further correspondence.<br />
4) Tenders not superscribed with enquiry no. and due date, tender<br />
received after the specified due date and time and tender not in<br />
conformity with out enquiries will be rejected.<br />
5) Tenders received after tender due date and time shall not be<br />
considered under any circumstances.<br />
6) The FOB price should be firm for the entire duration of the contract<br />
and no price escalation will be permitted.<br />
7) Separate unpriced and priced bids as specifically mentioned in tender<br />
enquiry must not be combined under any circumstance.<br />
8) Quotation must be sent in a sealed envelope superscribing Enquiry<br />
No. & Due date on the envelopes. Tenders are to be addressed to<br />
Sr.Mgr. Proc. DS, <strong>Hindustan</strong> Bhawan, 2nd Floor, Direct Sales<br />
Dept. , 8 , S.V. Marg, Ballard Estate, Mumbai 400001 (India).<br />
9) Any deviation from the material specification shall be spelt out if you<br />
wish to offer a substitute.<br />
10) Please note that HPCL will not pay any Indian Agent Commission.<br />
The services that will be rendered by the Indian Agent during<br />
guarantee / warranty period shall be spelt over specifically.<br />
11) HPCL reserves the right to accept or reject any or all offers in full<br />
or part thereof any point of time without assigning any reason<br />
whatsoever.<br />
12) Tender Documents are non-transferable.<br />
13) Please note that the placement of order against this tender<br />
will confirm to the rules and regulations of the government of<br />
India as advised from time to time, including the purchase<br />
preference to Public Sector Enterprises of Central Government<br />
and the price preference to NSIC Registered small scale<br />
Industries.<br />
14) This tender is governed by Grievance Redressal Mechanism as<br />
appearing at HPCL website www.hindustanpetroleum.com
Page 5<br />
15) Earnest Money Deposit : : Earnest Money Deposit of US $ 6500<br />
should be submitted along with the Unpriced Bid for<br />
consideration. Offers received without EMD will not be<br />
considered. The EMD should be submitted in the form of a demand<br />
draft drawn on <strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Ltd payable at<br />
Mumbai(India). Earnest Money Deposit may also be submitted<br />
through a Bank Guarantee drawn as per the format attached valid for<br />
a period of 6 months from the due date of the tender drawn by any<br />
International Bank confirmed by an Indian Scheduled Bank or any<br />
Indian Scheduled Bank(other than cooperative Bank).All foreign bank<br />
guarantee will be confirmed by a bank located in India. The Earnest<br />
Money Deposit will not carry any interest.<br />
The Earnest Money Deposit is liable to forfeiture in the event of :<br />
a) Withdrawal of offers during the validity period of the offer<br />
b) Non-acceptance of orders when placed or<br />
c) Non-confirmation of acceptance of orders within the stipulated<br />
time after placement of orders<br />
d) Any unilateral revision made by the tenderer during the<br />
validity period of the offer<br />
e) Non-execution of the documents after acceptance of the<br />
contract due to any dispute of the tenderers or any reason<br />
whatsoever<br />
Tenders received without Earnest Money Deposit will be rejected.<br />
16. For clarifications on the tender ,you may contact us on 91-22-<br />
22637223 or email on hemachitra@hpcl.co.in<br />
17. Late / delayed tender received after due date due to any reason<br />
whatsoever shall not be considered.<br />
18. The UNPRICED Bids will be opened in the presence of the tenderers<br />
on the due date at 15:30 hrs(IST)<br />
Thanking you<br />
P T Kulkarni<br />
Sr. Manager-Procurement(DS)
ANNEXURE II<br />
HINDUSTAN PETROLEUM CORPORATION LIMITED<br />
MUMBAI - 400001<br />
UNPRICED BID<br />
<strong>TENDER</strong> NO : <strong>6000102</strong>-<strong>HD</strong>-<strong>14001</strong><br />
DUE DATE : 06/12/2006 @ 15:00 HRS(IST)<br />
ADDITIVE : 352 MT OF PERFORMANCE ADDITIVE IN<br />
DRUM FOR THE MANUFACTURE OF<br />
FINISHED PRODUCT CONFORMING TO API<br />
GL4 AND GL5 AND BIS 1118 QUALIFICATION<br />
To be Filled by Tenderer<br />
Dosage :<br />
Offered Qty :<br />
Per Month :<br />
- Lead time to supply :<br />
Lead time for supplier to supply from the time of placement of callup for<br />
the material to reach FOB Port:<br />
Shipping Time :<br />
- Whether you have submitted literature/<br />
Specification of the subject additive.<br />
- Have you been a previous supplier<br />
of the material offered ? If so,<br />
Please furnish latest order no & date<br />
- Packing in DRUM<br />
- Payment Terms (60 Days) by T/T<br />
- Validity of offer (180 days) from<br />
the due date or extended due<br />
date of the tender.<br />
- Have you enclosed General Terms &<br />
Conditions duly signed and stamped.<br />
- Please enclose the MSDS of the material<br />
Quoted<br />
- Details of EMD enclosed :<br />
NAME,SIGN AND DESIGNATION OF AUTHORISED<br />
SIGNATORY AND STAMP<br />
FULL ADDRESS OF <strong>TENDER</strong>ER/TELEX NO/FAX NO/ PHONE NO
ANNEXURE III<br />
HINDUSTAN PETROLEUM CORPORATION LIMITED<br />
MUMBAI - 400001, INDIA<br />
PRICED BID<br />
This is an integral part of tender enquiry no. <strong>6000102</strong>-<strong>HD</strong>-<strong>14001</strong> and<br />
the sheet duly filled in should be returned back along with the Tender<br />
Documents.<br />
Sr.No Product Required<br />
Quantity<br />
PMT<br />
Location Package FOB RATE<br />
(Currency)<br />
PMT<br />
1 200 Mumbai<br />
2 72 Silvassa<br />
3 40 Chennai<br />
4 40 B-Budge<br />
Format of Quoting :-<br />
Package :- IN DRUM<br />
NAME OF ADDITIVE :-<br />
Ex-works price :-<br />
Packing, forwarding, documentation etc charges :-<br />
Upto FOB International Port. :-<br />
FOB International Port :-<br />
(Quotation should have FOB Price)<br />
Freight till Mumbai /Nhava Sheva /Chennai / Kolkata Port :-<br />
C& F Mumbai /Nhava Sheva /Chennai / Kolkata Port :-<br />
Delivery period :-<br />
Port of Shipment :-<br />
Country of Origin :-<br />
Estimated weight of consignment per FCL :-<br />
(Packing details )<br />
CFR RATE<br />
(Currency)<br />
PMT<br />
Special Notes<br />
All orders will be executed by HPCL on FOB (Free on board,<br />
international port). However C & F price should also be indicated to<br />
enable us to evaluate your offer. HPCL reserves the right to place the<br />
Purchase Order on CFR Rate quoted<br />
Payment will be on Document Acceptance (D/A) in full 60 days from<br />
Bill of Lading date by T/T.<br />
Your Bankers Name, Address & Account No __________________________<br />
Transhipment to be allowed (Yes or No) :__________________________<br />
Partial Shipment to be allowed (Yes or No) :___________________________<br />
Please confirm following, write “Confirmed”<br />
Acceptance of Liquidated Damages Clause specified in Tender:_________<br />
Validity of Offer 180 days from the tender due date:____________________<br />
VENDOR SEAL & SIGNATURE
ANNEXURE IV<br />
GENERAL PURCHASE CONDITIONS FOR IMPORTS<br />
1] DEFINITIONS :<br />
1.1 PURCHASER : Purchaser means HPCL having registered office at 17,<br />
Jamshedji Tata Road, Mumbai 4000 20. The terms purchaser includes<br />
successors and assigns of HPCL<br />
1.2 VENDOR : Vendor means the person, firm of corporation to which this<br />
purchase order is addressed. The terms vendor includes its successors<br />
and assigns.<br />
1.3 GOODS : Goods means the articles, materials, supplies, drawings, data<br />
and other property and all services including design, delivery installation,<br />
Inspection testing and commissioning specified or required to complete<br />
this purchase order.<br />
2] PRICES :<br />
2.1 FIRM PRICE : Vendor shall confirm that quoted prices shall be remain<br />
firm for a period of one year from the date of placement of order. This is<br />
“Period Bound” Contract.<br />
2.2 TRANSIT INSURANCE : Prices quoted shall exclude transit Insurance<br />
charges from FOB Port of Shipment or by Air as the same shall be<br />
arranged by the Purchaser. All transit insurance charges for inland transit<br />
upto FOB Port Shipment or airport should be include by the vendor in their<br />
prices.<br />
2.3 BANK CHARGES / STAMP DUTIES / TAXES:<br />
(i) All Bank Charges and stamp duties payable in supplier’s country in<br />
connection with the payments to be made under this purchase order shall<br />
be borne by the vendor. All Bank Charges and Stamp Duties payable in<br />
India shall be borne by the Purchaser.<br />
(ii) All taxes, duties and levies of any kind that may be payable upto the stage of<br />
putting the material in FOB position shall be borne by the vendor.<br />
(iii) All taxes and duties payable in India on the materials shall be payable by the<br />
Purchaser.<br />
3] PAYMENT TERMS :<br />
Document acceptance (D/A) payment in full at 60 days from Bill of Lading<br />
Date by T/T.<br />
4] VENDOR’S SALES CONDITIONS :<br />
Vendor’s standard sales conditions, if any, shall not be applicable to the offer<br />
and only the Purchaser’s “General Purchase Conditions” shall apply with the<br />
exception deviations specifically agreed between the vendor and the<br />
Purchaser and brought out in the Purchase order.<br />
Signature and Seal of the Tenderer
5] VALIDITY OF OFFER<br />
The rates quoted against this tender shall be valid for a period of<br />
180 days from the due date / extended due date of the tender.<br />
6] IMPORTS LICENCE :<br />
Relevant particulars of the Import Licence / Import Policy shall be duly<br />
indicated in the shipping documents and invoice.<br />
7] DELIVERY & DELAYS :<br />
7.1 CONTRACTUAL DELIVERY DATE : Contractual delivery date is the date<br />
in which goods shall be delivered FOB Port of shipment in accordance with<br />
Purchase order.<br />
7.2 RESPECT OF DELIVERY DATE : Time of Delivery as mentioned in<br />
Purchase Order shall be the essence of the contract and no variation shall<br />
be permitted, except with the prior authorisation in writing from the<br />
Purchaser.<br />
7.3 PRICE REDUCTION SCHEDULE FOR DELAYED DELIVERY : In the<br />
event of Delay on the part of the Vendor in effecting deliveries as agreed<br />
contractually, it will be at purchaser’s discretion to levy a reduction in price<br />
for delayed deliveries @ 1/2% of total value per week of delay or part there<br />
of part there of subject to a maximum of 5% of the total order value.<br />
7.4 CAUSES OF FORCE MAJEURE : Delivery dates will be extented to the<br />
Vendor without being subject to clause “Price Reduction Schedule for<br />
Delayed Deliveries”, in the event of cause of force majeure within the<br />
contractual delivery periods; only the following will be considered causes of<br />
force majeure:<br />
Action of God (like earthquakes, floods, stroms etc.) Act of States, the direct<br />
and indirect consequence of wars (declared or undeclared) hostilities,<br />
national emeergencies, civil commotions and strikes (only those vendor’s<br />
complete factor). The vendor shall immediately inform the purchaser by<br />
registered and detailed letter supported by documentary proof at the<br />
beginning and end of all such impediments.<br />
It is understood that delivery dates will be extended only for the duration of<br />
the above mentioned impediments.<br />
8] DELAYS AND NON-CONFORMANCE :<br />
In case of Delivery Schedule not being adhered to in progressing the<br />
manufacture of supply the Purchaser has the right to :<br />
(i) Cancel the order wholly or in part without any liability to cancellation charges<br />
and procure the goods elsewhere in which case Vendor shall make good<br />
the difference between the cost of goods procured elsewhere and priceb set<br />
forth in the order with the vendor.<br />
(ii) Hire for the period of delay goods meeting the specifications from<br />
elsewhere at vendor’s cost.<br />
Signature and Seal of the Tenderer
In the event of rejection of non conforming goods, the vendor shall be<br />
allowed to correct the non- confirmities without extention in delivery period.<br />
If vendor fails to do so within the time stipulated, the purchaser shall have<br />
the right to recover actual expenses incurred by Purchaser in installing and<br />
removing the non-confirming goods. This shall not prejudice the right of the<br />
Purchaser for invoking the provisions of clause 7.3 on price reduction for<br />
delayed deliveries as aforesaid.<br />
9] INSPECTION CHECK TESTING :<br />
The materials or workmanship covered by the Purchase Order are subject<br />
to inspection and testing at any time prior to shipment and / or despatch and<br />
to final inspection within a reasonable time after arrival at site.<br />
The materials shall be subject to INPECTION by Agencies as mentioned in<br />
the requisition and the vendor shall also bear the expenses concerning<br />
preparation and rendering of tests required by such agencies nominated or<br />
Boiler Inspectorate or such other Statutory testing agencies or by Lloyds<br />
Register of Shipping as may be required.<br />
10] REVISIONS CHANGES AND CANCELLATION :<br />
The Purchaser may make any revisions or changes in Purchase Order<br />
including additions from the quantities ordered. The effect of such changes<br />
on prices, delivery period and / or other terms and conditions may be settled<br />
through mutual agreement. Claim for adjustment must be made within 15<br />
days of revision, cancellation being conveyed to the Vendor.<br />
The Purchaser may terminate the order at any time if the Vendor does not<br />
adhere to or all agreed terms and conditions. In such case, the Purchaser<br />
has the option to buy complete or incomplete components with or without<br />
Verification / Inspection at mutually agreed prices.<br />
11] WARRANTEES / GUARANTEES :<br />
The Vendor shall warrant that the goods shall give required operational<br />
performance, shall be suitable for the service intended and be of the quality<br />
or the best grade in case no quality is specified.<br />
The goods shall be guaranteed against any defects in design, materials,<br />
workmanship and performance for a period of 24 months from the date of<br />
shipment or 12 months from the date of commissioning whichever is earlier.<br />
Should any defects develop within the Guarantee / Warranty period, the<br />
same shall be remedied or the goods shall be replaced free of charge. All<br />
expenses incurred including those on transportation, shall be borne by the<br />
Vendor.<br />
Signature and Seal of the Tenderer
12] NON ASSIGNMENT :<br />
Any assignment of this Purchase Order or of any of the rights hereunder in<br />
any manner or under any certificates by operation of the law or otherwise<br />
shall be prior written consent of the Purchaser.<br />
13] PATENTS, VENDOR’S LAIBILITY AND COMPLIANCE OF<br />
REGULATIONS :<br />
Vendor shall protect and fully indemnify the purchaser from any claims for<br />
infrigement of patents, copy right, trade make or the like.<br />
Vendor shall also protect and fully indemnify the Purchaser from any claims<br />
from Vendor’s workmen employees, their heirs, dependents,<br />
representatives etc.or from any other person / persons or bodies /<br />
companies etc. for any act commission or omission while executing the<br />
order.<br />
Vendor shall be responsible for compliance with all requirements under the<br />
laws and shall protect and indemnify completely the Purchaser from any<br />
claim / penalties arising out of any infringements.<br />
14] SUBSTITUTION AND WRONG SUPPLIES :<br />
Unauthorised substitution or materials delivered in error or of wrong<br />
description or quality or supplied in excess quantity or rejected goods shall<br />
be returned to the Vendor at the Vendor’s cost and risk.<br />
15] ARBITRATION :<br />
15.1 Disputes or difference arising out of or in relation to this agreement shall<br />
be settled by Arbitration in India. The arbitration shall be by a Sole<br />
Arbitrator appointed by HPCL. The Sole Arbitrator will adjudicate the<br />
disputes and differences between the parties except those in respect of<br />
which the decision of any person is by the agreement expressed to be<br />
final and binding.<br />
15.2 In the event of the Sole Arbitrator to whom the matter is originally referred<br />
to, is unable to act or he/she vacates the office, HPCL, shall nominate<br />
another Sole Arbitrator to settle the disputes and differences.<br />
15.3 The second Sole Arbitrator shall be entitled to proceed with the arbitration<br />
from the stage at which it was left by his / her predecessor.<br />
15.4 The award of the arbitrator shall be final, conclusive and binding on all the<br />
parties to the agreement subject to the provisions of the Arbitration &<br />
Conciliation Act, 1996, as in force in India and the rules made<br />
thereunder and for the time being in force. This agreement shall be<br />
covered by the laws of India.<br />
Signature and Seal of the Tenderer
15.5 The award shall be made in writing and shall be published by the Sole<br />
Arbitrator within six months after entering upon reference or within such<br />
further time mutually extented by the parties. The Sole Arbitrator shall<br />
have power to order and direct the parties to abide by, observe and<br />
perform such directions as the Sole Arbitrator may think fit and proper to<br />
issue having regard to the fact that the arbitration proceedings have to<br />
be completed within the specified period solely on the principles of<br />
Natural Justice.<br />
15.6 The Sole Arbitrator shall be at liberty to appoint, if so necessary, any<br />
Accountant or Engineer or other person to assist him / her and net by the<br />
opinion so taken.<br />
15.7 The Sole Arbitrator shall have powers to make one or more awards<br />
whether interim or otherwise in respect of the disputes and differences,<br />
and in particular, shall make separate awards in respect of each claim or<br />
cross claim of the parties.<br />
15.8 The Sole Arbitrator shall be entitled to direct any of the parties to pay the<br />
cost of arbitration in such a manner and to such an extent as the Sole<br />
Arbitrator may in his discretion determine and shall also be entitled to<br />
require one or both the parties to deposit funds in such proportions to<br />
meet the arbitration expenses. The parties to arbitration, whenever called<br />
upon to do so, shall be bound to comply with such directions without any<br />
demur.<br />
15.9 Notwithstanding anything contained to any other law, the parties hereby<br />
agree that the courts in the city of Mumbai alone shall have jurisdiction<br />
in respect of all or anything arising under this agreement and any award(s)<br />
amde by the Sole Arbitrator hereunder shall be filed in the court in the city<br />
of Mumbai only.<br />
16] PACKING :<br />
16.1 Packing should be capable to withstand rough sea weather for a minimum<br />
period of 4 to 6 months and should be commensurate with best<br />
commercial export practices. All packaging shall be done in such a<br />
manner as to reduce volumn as much as possible. Fragile articles should<br />
be adequately packed with special packing materials depending on type of<br />
materials.<br />
16.2 All delicate surface on equipment / material should be carefully protected<br />
and painted with protective paint / compound and wrapped to prevent<br />
rusting and damage.<br />
Signature and Seal of the Tenderer
16.3 All mechanical and electrical equipment and other heavy articles should be<br />
securely fastened to the bottom of the case and shall be blocked and<br />
braced to prevent movement.<br />
16.4 Attachments and spare parts of equipments and all small pieces shall be<br />
packed seperately in wodden cases with adequate protection inside the<br />
case and wherever possible should be sent along with the main<br />
equipment. Each item shall be tagged so as to identify it with the main<br />
equipment and part number and reference number shall be indicated.<br />
16.5 All protrusions shall be suitably protected and opening shall be blocked by<br />
wooden covers.<br />
16.6 Wherever required equipment / material shall be packed in polyethylene<br />
bags and silicagel or similar dehydrating compound shall be put inside the<br />
bags to protect them.<br />
16.7 Pipes / tubes made of stainless steel, copper etc. shall be packed in<br />
wooden cases, irrespective of sizes.<br />
16.8 The supplier shall be held liable for all damages or breakages to the goods<br />
due to the defective or insufficient packing as well as for corrosion due to<br />
insufficient packing.<br />
16.9 Detailed packing list in water proof envelope shall be inserted in each<br />
package together with equipment / materials. One copy of “Detailed<br />
Packing List” shall be fastened outside of the package in water proof<br />
envelope and covered by metal cover.<br />
17] MARKING :<br />
17.1 Each package shall be marked on the three sides with proper paint /<br />
indelible water proof inks as follows :<br />
HINDUSTAN PETROLEUM CORPORATION LTD.<br />
8, SHOORJI VALLAB<strong>HD</strong>AS MARG<br />
HINDUSTAN BHAWAN<br />
SECOND FLOOR, LUBES DEPT.<br />
BALLARD ESTATE, MUMBAI 400 001<br />
PURCHASE ORDER NO.<br />
NET WEIGHT KGS GR. WT. KGS<br />
DIMENSIONS X X CMS<br />
Signature and Seal of the Tenderer
PACKAGE NO. (Sl. No. Of total packages)<br />
TAG / ITEM NO.<br />
COUNTRY OF ORIGIN<br />
SHIPPERS NAME<br />
17.2 Additional marking such as handle with care, this side up, fragile or any<br />
other additional indications for protection and safe handling shall be added<br />
depending on the type of materials. All cases will have warning signs on<br />
the outside denoting Centre of Gravity and Sling Mark.<br />
17.3 Letters, figures, marks etc. used for marking shall be stenciled printed.<br />
Handwriting should be avoided as far as possible. Size of letter shall be<br />
optimum for each package dimensions.<br />
17.4 In case of Bundle or other packages wherever marking cannot be stenciled<br />
the same shall be embossed on metal or similar tag and wired securely at<br />
minimum two convenient points.<br />
18] SHIPPING :<br />
18.1 The shipping arrangement will be made in consultation with the Secretary,<br />
Shipping Coordination Committee. Ministry of Shipping Transport (cable<br />
Transport, New Delhi, Telex Vahan ND 2312) through their forwarding<br />
agent as under to whom notice of no less six weeks about the readiness<br />
of each cargo for shipment should be given for finalizing the shipping<br />
arrangements.“Shipping arrangements will be made by the Shipping<br />
Coordinating and Charteing Division, Ministry of Shipping and Transport,<br />
New Delhi (Cable : TRANCHART - NEW DELHI TELEX : VAHAN ND<br />
2312, 2448 AND 3104) through their respective Forwarding Agents<br />
Nominees as mentioned below to whom adequate notice of not less than<br />
six weeks / about the readiness of Cargo for shipment should be given by<br />
the sellers from time to time for finalising the shipping arrangements.<br />
Area Forwarding Agents / Nominees<br />
a) U.K (Including Northern<br />
Ireland)(also Eire),the North<br />
Continent of Europe (West<br />
Germany, Holland, Belgium,<br />
France, Norway, Sweden, Finland<br />
& Denmark) and port on the<br />
continental Seaboard of the<br />
Mediterranean (i.e.French and<br />
Western Italian Ports and also<br />
Adriatic Ports)<br />
b) USA & Canada (For USA, Atlantic<br />
& Gulf Ports Conference<br />
Memberline Vessels are also<br />
M/s. Schenker & Co.<br />
2000, Hamburg - 11<br />
P.O. Box No. 1130<br />
CABLE; SCHENKERCO, HAMBURG<br />
TELEX : 21700433<br />
M/s. Opt Overseas Project Transport Inc.<br />
(A Thyssen Haiel Logistic Co.,)<br />
46, Seller Street, Keanry N.J. 07032
permitted) Tel. (01)-998-7771<br />
Telex : 673-3586<br />
Fax : (201) 998-7833<br />
c) Japan The First Secretary (Commercial Embassy<br />
of India, Tokyo, Japan)<br />
CABLE : INDEMBASSY TOKYO<br />
d) Australia The Shipping Corpn. of India Ltd.<br />
Shipping House<br />
229-232, Madame Cama Road,<br />
Bombay 400021<br />
Black e) Sea Ports of Bulgaria and Rumania The Secretaries - Soviet Shipping Service<br />
C/O.<br />
Shipping Corpn. of India Ltd.<br />
Shipping House,<br />
299-232 Madame Cama Road,<br />
Bombay 400021<br />
CABLE : SHIPINDIA BOMBAY (FOR<br />
SOVINSHIP)<br />
f) Polish Ports The Secretaries Indo-Polish Shipping<br />
Service<br />
C/o. Shipping Corpn. of India Ltd.,<br />
Shipping House<br />
299-232 Madame Cama Road,<br />
Bombay 400021<br />
CABLE : SHIPINDIA BOMBAY<br />
g) Other Ports (excluding) the Black<br />
Sea Ports of U.S.S.R and Rostock<br />
(G.D.R)<br />
(FOR INDOPOL)<br />
Shipping arrangements will be made<br />
directly or through Shipping Corporation of<br />
India Limited,<br />
Shipping House,<br />
229-232, Madme Cama Road,<br />
Bombay 400021<br />
CABLE : SHIPINDIA BOMBAY<br />
18.2 All Shipment of materials shall be made First class direct vessel.<br />
All shipments shall be under deck unless carriage on deck is unavoidable<br />
19] DOCUMENTATION :<br />
19.1 The documents shall be in English Language.<br />
19.2 DOCUMENTS REQUIRED BEFORE SHIPMENT :<br />
Ten (10) days before the contractual delivery date, proforma, packing list<br />
and sketches of over dimensioned cargo shall be air mailed as follows :<br />
Signature and Seal of the Tenderer
The over dimension cargo shall mean any package exceeding any of the<br />
following limits :<br />
Weight 20 MT<br />
Length 13.719 Meters<br />
Width 2.997 Meters<br />
Height 2.743 Meters<br />
19.3 DOCUMENTS REQUIRED AFTER SHIPMENT :<br />
The supplier shall air mail the shipping documents stated herein below as<br />
quickly as possible after the shipment has been made so that the same<br />
are received atleast two weeks proir to the arrival of vessels at destination<br />
port.<br />
The supplier shall be fully responsible for any delay and / or demurrage<br />
that may become payable at destination port on account of delay<br />
transmittal of shipping documents.<br />
Copy of Documents<br />
a) Bill of lading 4<br />
b) Commercial Invoice 6<br />
c) Detailed Packing List 6<br />
d) Freight Memo 2<br />
e) Test Certificate 2<br />
f) Certificate of Origin 2<br />
g) Certificate of Measurement & Weight 2<br />
h) Catalogue and / or drawing 2<br />
i) Payament Certificate (amount received<br />
by Vendor)<br />
2<br />
No. of Copies<br />
Note : In addition to above, complete set of documents are required to be sent to<br />
(Purchaser) through Bank.<br />
19.4 BILL OF LADING :<br />
Bill of Lading shall be ‘Clean on Board’, Ocean Bill of Lading should be<br />
made in favour of HPCL order and the notify column should indicate<br />
HPCL, Lubes dept., Purchase Section.<br />
19.5 COMMERCIAL INVOICE :<br />
Commercial Invoice shall, inter alia indicate (i) Purchase order no. (ii)<br />
Import Licence Policy Numbers and (iii) country of Origin. Beside, the<br />
cases in the invoice shall be in confirmity with order.<br />
19.6 PACKING LIST :<br />
Packing List must show apart from other particulars actual contents in<br />
each case, net and gross weights and dimensions and the total number of<br />
packages.<br />
Signature and Seal of the Tenderer
20] SHIPPING ADVICE :<br />
Within 24 hours after shipment the supplier shall send shipping advice giving<br />
Particulars of shipment, Vessel’s Name, Port of shipment, Bill of Lading number<br />
and date, contents in brief Purchase order number, Total FOB and Freight<br />
Values number of packages and total gross weight by way of Telex / Fax to :<br />
HINDUSTAN PETROLEUM CORPORATION LIMITED<br />
8, SHOORJI VALLAB<strong>HD</strong>AS MARG,<br />
HINDUSTAN BHAWAN, 2nd FLOOR, LUBES DEPT. PURCHASE SECTION,<br />
BALLARD ESTATE, MUMBAI 400 001<br />
FAX NO.: 2612944 / 2610610 TELEX NO.: 82133,86770<br />
21] TECHANICAL INFORMATION :<br />
Drawings, specifications and details shall be the property of the purchaser and<br />
shall be returned by the vendor on demand. The vendor shall not make use of<br />
drawings and specifications for any purpose at any time save and except for the<br />
purpose of purchaser. The vendor shall not disclose the technical information<br />
furnished to or gained by the vendor under or by virtue of or as a result of the<br />
implementation of this purchase order to any person, firm or body ro corporate<br />
authority and shall endeavors to ensure that technical information is kept<br />
CONFIDENTIAL. The technical information imparted and supplied to the vendor<br />
by the Purchaser shall at all times remain the absolute property of Purchaser.<br />
22] ADDRESS :<br />
HINDUSTAN PETROLEUM CORPORATION LIMITED<br />
8, SHOORJI VALLAB<strong>HD</strong>AS MARG,<br />
HINDUSTAN BHAWAN, 2nd FR, LUBES DEPT, PURCHASE SECTION,<br />
BALLARD ESTATE, MUMBAI 400 001<br />
23] SAMPLE<br />
Along with the tender, the tenderer shall submit ½ kg sample of additive<br />
should be submitted along with the tender for all new additives which are<br />
not pre approved by HPCL. The sample should be properly sealed and<br />
identified with the name of the product, tender number, tender’s name<br />
and the due date .<br />
24] SECURITY DEPOSIT<br />
Each successful tenderer shall deposit by Crossed Account Payee. Demand<br />
Draft drawn on any scheduled bank other than Co-operative Bank, in favour<br />
of <strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Limited payable at Mumbai a sum<br />
equivalent to 1% of the basic value of order proposed to be awarded to the<br />
tenderer with Sr. Mgr. Ven. Proc. Direct Sales dept. within 10 days of receipt<br />
of intimation with regard to acceptance of their tender or placement of order.<br />
The EMD will be refunded after submission of Security Deposit. Linking with<br />
earlier transactions / adjustments with pending bills or any other amount<br />
payable by the Corporation is not allowed.<br />
This Security Deposit will be towards faithful performance of the Tender /<br />
Order terms and satisfactory supply of material as per specifications and will<br />
not bear any interest. The Security deposit shall be refunded to successful<br />
tenderer after producing a satisfactory completion certificate from the<br />
location(s) where materials is supplied. PO No. & Date should be indicated in<br />
the completion certificate / letter. Security Deposit will be refunded by<br />
Cheque.<br />
Date : Signature and Seal of the Tenderer<br />
Tenderer’s address :
ANNEXURE V<br />
REF:DS/PUR/PTK/BHC DATE : 09/11/2006<br />
Dear Sirs,<br />
Subject : 352 MT OF PERFORMANCE ADDITIVE IN DRUM FOR<br />
THE MANUFACTURE OF FINISHED PRODUCT<br />
CONFORMING TO API GL4 AND GL5 AND BIS 1118<br />
QUALIFICATION<br />
Tender No : <strong>6000102</strong>-<strong>HD</strong>-<strong>14001</strong><br />
EMD : Rs 3.00 Lakhs (US$ 6500)<br />
Due On : 06/12/2006 Time : 15:00 HRS (IST)<br />
We invite sealed tenders in two bid system (Unpriced & Priced) for supply<br />
of PERFORMANCE ADDITIVE FOR MANUFACTURING FINSIHED<br />
PRODUCT AS SPECIFIED ABOVE , for a period of one year from the<br />
date of placement of order and the rates quoted by you should be firm for<br />
the one year, no escalation shall be permitted over the finalized rate.<br />
The tenderers are required to submit their offer in two parts, namely<br />
“Unpriced and Priced”. Each part is to be submitted in a separate<br />
envelop superscribed Unpriced /Priced as applicable. Envelopes<br />
containing Unpriced and Priced Bids duly signed and sealed are to be<br />
placed in common envelope and the same is to be submitted to us by due<br />
date.<br />
The various documents to be returned / forwarded (duly signed and<br />
stamped by the tenderers) alongwith your tender, are to be submitted as<br />
follows.<br />
------------------------------------------------------------------------------------------<br />
Sr No. Documents With With<br />
Unpriced Bid Priced Bid<br />
1. Unpriced Bid -<br />
2. Priced Bid - <br />
3. Tender Terms & Conditions -<br />
4. Technical Details -<br />
5. Tenderer’s details -<br />
6. Earnest Money Deposit -<br />
7. Samples (1/2 kg for new additive -<br />
which are not pre approved in our system)<br />
----------------------------------------------------------------------------------------------------
Page 2<br />
The requirement of Additive at various locations is given below<br />
Mazagon Terminal : 200 MT ; Silvassa Terminal : 72 MT<br />
Chennai Terminal : 40 MT ; Budge Budge Terminal : 40 MT<br />
The contract will be finalized only on one supplier location wise.<br />
You are requested to advise us your recommended dosage of these<br />
additives in finished product , however decision of HPCL regarding<br />
dosage shall be final. (Dosage should be specified in the unpriced bid)<br />
Please submit your tenders on or before due date to us to the following<br />
address<br />
Sr. Manager- Proc. Lubes, <strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Limited,<br />
<strong>Hindustan</strong> Bhavan, 2nd Floor, 8. S.V.Marg, Ballard Estate,<br />
Mumbai 400001<br />
Please note that the placement of order against this tender will<br />
confirm to the rules and regulations of the government of India as<br />
advised from time to time, including the purchase preference to<br />
Public Sector Enterprises of Central Government and the price<br />
preference to NSIC Registered small scale Industries.<br />
This tender is governed by Grievance Redressal Mechanism as<br />
appearing at HPCL website www.hindustanpetroleum.com<br />
Tenders received without Earnest Money Deposit will be rejected.<br />
Tender Documents are non-transferable.<br />
Late / delayed tender received after due date due to any reason<br />
whatsoever shall not be considered.<br />
HPCL reserves the right to accept or reject any or all offers in full or part<br />
thereof at any point of time without assigning any reason whatsoever.<br />
For clarifications on the tender ,you may contact us on 91-22-22637223<br />
or email on hemachitra@hpcl.co.in<br />
The UNPRICED Bids will be opened in the presence of the tenderers on<br />
the due date at 15:30 hrs(IST)<br />
Thanking you<br />
P T Kulkarni<br />
Sr. Manager-Procurement(DS)
ANNEXURE VI<br />
HINDUSTAN PETROLEUM CORPORATION LIMITED<br />
MUMBAI - 400001<br />
UNPRICED BID<br />
<strong>TENDER</strong> NO : <strong>6000102</strong>-<strong>HD</strong>-<strong>14001</strong><br />
DUE DATE : 06/12/2006 @ 15:00 HRS(IST)<br />
ADDITIVE : 352 MT OF PERFORMANCE ADDITIVE IN<br />
DRUM FOR THE MANUFACTURE OF<br />
FINISHED PRODUCT CONFORMING TO API<br />
GL4 AND GL5 AND BIS 1118 QUALIFICATION<br />
To be Filled by Tenderer<br />
Dosage :<br />
Offered Qty :<br />
Per Month :<br />
Lead time to supply :<br />
Lead time for supplier to supply the material to HPCL Plant from the date of<br />
placement of callup :<br />
Whether you have submitted literature/<br />
Specification of the subject additive.<br />
Have you been a previous supplier<br />
Of the material offered ? If so,<br />
Please furnish latest order no & date<br />
Packing in drum<br />
Payment Terms (30 Days)<br />
Validity of offer (180 days) from<br />
The due date or extended due<br />
Date of the tender.<br />
Have you enclosed General Terms &<br />
Conditions duly signed and stamped.<br />
Details of EMD enclosed :<br />
NAME,SIGN AND DESIGNATION OF AUTHORISED<br />
SIGNATORY AND STAMP<br />
FULL ADDRESS OF <strong>TENDER</strong>ER/TELEX NO/FAX NO/ PHONE NO
ANNEXURE VII<br />
HINDUSTAN PETROLEUM CORPORATION LIMITED<br />
MUMBAI – 400 001<br />
PRICED BID<br />
<strong>TENDER</strong> NO : <strong>6000102</strong>-<strong>HD</strong>-<strong>14001</strong><br />
DUE DATE : 06/12/2006 @ 15:00 HRS<br />
ADDITIVE : 352 MT OF PERFORMANCE ADDITIVE IN<br />
DRUM FOR THE MANUFACTURE OF<br />
FINISHED PRODUCT CONFORMING TO API<br />
GL4 AND GL5 AND BIS 1118 QUALIFICATION<br />
LOCATION : MUMBAI/SILVASSA/CHENNAI/B-BUDGE<br />
PACKING : IN DRUM<br />
(This part is to be filled only for the price bid)<br />
LOCATION MUMBAI SILVASSA CHENNAI B-BUDGE<br />
Basic Rate PMT<br />
(Ex-Works)<br />
Excise Duty @<br />
Sales Tax @<br />
(CST/MST)<br />
Delivery Charges PMT<br />
Octroi Duty @<br />
Any other<br />
Levies/Duties PMT<br />
Net Delivered Rate<br />
PMT<br />
Note :<br />
The quantity specified in the tender, is for a period of one year form the<br />
date of placement of order .<br />
Please specify details of Excise Duty applicable under Chapter No<br />
________________Quotations without break up of Excise Duty may not be<br />
considered.<br />
Place<br />
Date<br />
Name & Address of Tenderer<br />
Phone/Fax No/Seal<br />
Signature of Tenderer
ATTACHMENT VIII<br />
<strong>TENDER</strong> TERMS AND CONDITIONS FOR RAW MATERIALS<br />
1. EARNEST MONEY DEPOSIT :(EMD)<br />
Tenderer will have to pay Earnest Money Deposit (EMD) of Rs. 3.00<br />
Lakhs (Rupees THREE Lakhs only ) By Demand Draft drawn on any<br />
scheduled bank other than co-operative in favour of M/S. <strong>Hindustan</strong><br />
<strong>Petroleum</strong> Corporation Limited payable at Mumbai or by Bank Guarantee<br />
(as per attached format) valid for a period of 6 months(from the due date<br />
of the tender) from any from any Nationalised Bank / Scheduled Bank<br />
other than co-operative banks. Cheques / Cash / Money Orders or any<br />
Documents are not acceptable towards EMD.<br />
EMD refund will be made to unsuccessful tenders after finalisation of<br />
tender. In case of successful bidders, refund will be made only after they<br />
pay necessary security deposit against purchase order plased against the<br />
tender. EMD will not carry any interest. EMD will be refunded by cheque.<br />
Registration with DGS&D will not entitle the tender to claim exemption<br />
from Earnest Money Payment.<br />
Linking with earlier transactions / adjustments with pending bills or any<br />
other amount payable by the Corporation is not allowed.<br />
The Earnest Money Deposit is liable to forfeiture in the event of :<br />
a) Withdrawal of offers during the validity period of the offer<br />
b) Non-acceptance of orders when placed or<br />
c) Non-confirmation of acceptance of orders within the stipulated time<br />
after placement of orders<br />
d) Any unilateral revision made by the tenderer during the validity period<br />
of the offer<br />
e) Non-execution of the documents after acceptance of the contract due<br />
to any dispute of the tenderers or any reason whatsoever<br />
f) Non payment of Security deposit as described in Relevant Clause of<br />
Tender Terms and Conditions<br />
OFFERS RECEIVED WITHOUT EMD WILL BE REJECTED<br />
2. EXEMPTION FROM PAYMENT OF EMD<br />
a) Public Sector Undertakings (State / Central) are exempted from<br />
payment of EMD<br />
b) Units registered with National Small Industries Corporation (NSIC)<br />
are exempted from Payment of Earnest Money provided :<br />
1. The Unit is registered for the item tendered<br />
2. Registered Certificate is valid as on date of quotation<br />
3. Quotation is accompanied by Photostat copy of valid NISC<br />
Registration Certificate<br />
Signature & Seal of the Tenderer
3. VALIDITY OF OFFER<br />
The rates quoted against this tender shall be valid for a period of<br />
180 days from the due date / extended due date of the tender.<br />
4. SAMPLE<br />
Along with the tender, the tenderer shall submit ½ kg sample of additive<br />
should be submitted along with the tender which are not pre approved by<br />
HPCL. The sample should be properly sealed and identified with the<br />
name of the product, tender number, tender’s name and the due date .<br />
5. <strong>TENDER</strong> ASSESSMENT<br />
The eligibility of the tenderer will be assessed on the basis of submission<br />
of Earnest Money deposit, samples meets HPCL’s specifications, factory<br />
inspections (if necessary). The factory inspection will be carried out by<br />
HPCL representative in case of new tenderers and for exsisting<br />
tenderers, past performance will be the criteria.<br />
6. ACCEPTANCE OF <strong>TENDER</strong>S<br />
HPCL reserves the rights to accept any tender in whole or in part or to<br />
reject any or all tenders without assigning any reasons. HPCL shall not<br />
be bound to accept the lowest or any tender and reserves the right to<br />
accept one or more tenders in part. The decision of Corporation in this<br />
connection shall be final.<br />
7. GENERAL INSTRUCTION<br />
a) All entries and rates in the tender must be written in permanent ink or<br />
typewritten. Erasures, over-writing or corrections if any should be<br />
attested under the full signature of the tenderer<br />
b) Any tender received after the stipulated last date and time for receipt of<br />
tenders, due to any reason including postal delays will not be<br />
considered. Counter terms / conditions or modifications of stipulated<br />
clauses will not be entertained.<br />
c) In case any tenderer is quoting under different names (i.e. sister<br />
concerns) for the same item for supply from the same unit / plant<br />
then all such tenderers will be considered as one for the purpose of<br />
evaluation<br />
d) In case there is difference between figures and words mentioned<br />
against any item, in the tender the one which is advantageous to the<br />
Corporation will be taken as authentic<br />
e) Tenderer should read the tender conditions and specifications<br />
carefully and return the same to us duly signed by them in token of<br />
having read, understood and accepted the tender conditions.<br />
f) Tenderer is requested to return entire tender set (duly filled and signed)<br />
alongwith their offer.<br />
Signature & Seal of the Tenderer
8. DELIVERY SCHEDULE / CALL UPS<br />
Deliveries shall be effected against written callups made by HPCL’s<br />
receiving locations. The quantity called up shall be supplied as per<br />
delivery schedule indicated therein. In the event of inability of corporation<br />
to uplift the stipulated quantity of material due to any circumstances /<br />
other valid reasons, the corporation will not be responsible for any losses<br />
that the tenderers may sustain.<br />
9. CAPACITY & ABILITY TO SUPPLY<br />
The quantities indicated are provisional and estimated quantities only.<br />
HPCL reserves the right to order any quantities at its sole option within<br />
total quantity offered by each tenderer. Orders shall be treated as closed<br />
after successful tenderer have supplied the ordered quantities .<br />
10. PRICE AND PRICE ESCALATION<br />
a) The rates quoted shall remain firm during the validity period of the<br />
contract / order or for one year from the date of placement of LOI or<br />
purchase order unless otherwise specified herein. No price<br />
escalation whatsoever shall be entertained except for statutory<br />
variation in Excise, Sales Tax & other Levies on the finished<br />
product only.<br />
b) Levies like Excise duty, Sales / General Taxes and Octroi etc.<br />
should be spelt out clearly with applicable rates in the appropriate<br />
columns provided in the tender forms. (Rate Schedule)<br />
c) If a particular tenderer is not registered under sales tax act the price<br />
quoted by them, will be treated as net & inclusive of sales tax and<br />
any further claim made by them for reimbursement of the same on<br />
account of retrospective registration under the Sales Tax Act, will<br />
not be entertained by the corporation . Any such liability for<br />
payment of Sales Tax will be wholly and exclusively on the tenderer<br />
quoting against HPCL’s tender.<br />
11. RAWMATERIAL<br />
a) All raw materials for the manufacture and supply of the materials<br />
covered in the tender will have to be purchased and arranged by<br />
the successful tenderers, at their own cost. Any delay in delivery<br />
schedule due to delay in procurement of raw material for<br />
manufacture of tender material will not be condoned.<br />
b) The tenderers should indicate their price inclusive of packing,<br />
stenciling, handling cost,loading and unloading at HPCL’s locations<br />
.<br />
Signature & Seal of the Tenderer
12. RISK PURCHASE<br />
In case successful tenderers fail to deliver the ordered quantities of<br />
materials as per callups stipulated in delivery schedule, HPCL reserves<br />
the right to procure the undelivered quantities of materials from<br />
alternative sources at the risk, responsibility and cost of successful,<br />
tenderers. Such cost will be recovered from successful tenderer’s<br />
pending bills, security deposit etc.<br />
Supplies of defective or off-space material or supplies deviating from<br />
other terms and conditions of the purchase order will be rejected and<br />
repeated rejections will entail cancellation of orders and risk purchase<br />
from other alternative sources at tenderer’s cost. Similarly, any undue<br />
delay in supply of called up quantities may entail risk purchase. Risk<br />
purchase will be applicable in the case of trail order as well.<br />
13. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY<br />
The delivery of material as per monthly callups by HPCL’s installation<br />
shall be deemed to be the essence of contract. In case of delay in<br />
execution of the orders as stipulated in callups or any extension<br />
sanctioned, the corporation at its option either :<br />
a) Accept delayed delivery at prices reduced by a sum equivalent to<br />
half percent (1/2 %) of the value of goods not delivered for every<br />
week of delay or part there of subject to a maximum of 5% of the<br />
total order value .<br />
b) Cancel the order in part or full and purchase such cancelled<br />
quantities from elsewhere at the risk, responsibility and cost of the<br />
tenderer of goods delivered .<br />
14. PACKING<br />
In case of the material required in drums then all the drums must be<br />
stenciled with HPCL’s Product name, supplier’s name, batch no., gross<br />
weight and tare weight .<br />
In case of supplies in bulk, HPCL’s product name, tank lorry no., gross<br />
and tare weight must be clearly indicated on the challan.<br />
In case the packing is not found to be in line with the above<br />
specifications or defective then receiving locations will have no option<br />
but to reject supplies.<br />
15. QUALITY OF PRODUCT / REJECTION<br />
c) The product supplied should fully conform to the specifications.<br />
Such conformity of the material to the specification will be determined<br />
by testing the material in HPCL’s laboratory.<br />
The test reports issued by HPCL’s laboratory alone will be considered as<br />
final and biding on the tenderer.<br />
Signature & Seal of the Tenderer
d) The tenderer shall be responsible for the quality of the material delivered<br />
until the same is tested and accepted by HPCL’s laboratory .<br />
e) In the event, the material delivered against the tender is found to be not<br />
in accordance with HPCL’s specifications the entire quantity will be<br />
rejected and will have to be replaced free of cost by the successful<br />
tenderer within 3 days of such rejection or intimation therof .<br />
f) If the successful tenderer will not remove the off spec material from<br />
HPCL’s premises despite HPCL’s instruction then the corporation will be<br />
free to dispose off rejected / uncollected material as it deems fit, without<br />
any obligations whatsoever to the tenderer.<br />
16. FIRM RATE<br />
Quoted rate shall remain firm throughout validity period of the contract /<br />
order subject to following :<br />
g) Any variations in statutory levies like Excise duty, Sales tax on<br />
finished products only that may be imposed by the Govt. from time will<br />
be considered against submission of relevant notifications.<br />
h) HPCL will not consider any price revision due to changes in<br />
electricity, transport, labour charges etc. In other words no other price<br />
escalations other than of statutory levies, will be considered.<br />
17. SECURITY DEPOSIT<br />
Each successful tenderer shall deposit by Crossed Account Payee.<br />
Demand Draft drawn on any scheduled bank other than Co-operative<br />
Bank, in favour of <strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Limited payable at<br />
Mumbai a sum equivalent to 1% of the basic value of order proposed to<br />
be awarded to the tenderer with Sr. Mgr. Ven. Dev. & Proc. Direct Sales<br />
dept. within 10 days of receipt of intimation with regard to acceptance of<br />
their tender or placement of order. The EMD will be refunded after<br />
submission of Security Deposit. Linking with earlier transactions /<br />
adjustments with pending bills or any other amount payable by the<br />
Corporation is not allowed.<br />
This Security Deposit will be towards faithful performance of the Tender /<br />
Order terms and satisfactory supply of material as per specifications and<br />
will not bear any interest. The Security deposit shall be refunded to<br />
successful tenderer after producing a satisfactory completion certificate<br />
from the location(s) where materials is supplied. PO No. & Date should<br />
be indicated in the completion certificate / letter. Security Deposit will be<br />
refunded by Cheque.<br />
Signature & Seal of the Tenderer
The Security Deposit shall be liable to be forfeited wholly or in part at the<br />
sole discretion of <strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Ltd. in case the<br />
successful tenderer fails to supply or fulfill any of their contractual<br />
obligations or is in default without prejudice to other rights of HPCL to<br />
claim further compensation towards loss sustained if HPCL choose to<br />
buy materials from other sources,<br />
with due notice of 7 days. This notice will however, not be a prerequisite<br />
for effecting the risk purchase. The Corporation will be the sole<br />
judge for ordering risk purchases and the tenderer shall on demand pay<br />
to the corporation the amount of its claim.<br />
18. PAYMENT TERMS<br />
Payments will be made in 30 days from the date of receipt of bills<br />
submitted after supply of materials, provided the same meets HPCL’s<br />
specifications. The bill supported by delivery challan duly acknowledge<br />
by HPCL’s authorized representative should be submitted within 7 days<br />
of supply at HPCL’s respective Disbursement Sections as per the details<br />
given below :<br />
Since HPCL would like to have uniform payment terms for all the<br />
tenders, tenderers are advised to submit their offers on the basis of 30<br />
days payment terms .<br />
Supplies made to Payment Authority (HPCL office at)<br />
Mumbai / Silvassa Installations Disbursement Section,<br />
MAZGAON TERMINAL, LP-I<br />
Haybunder Complex.<br />
Haybunder Raod,<br />
Mumbai 400031<br />
Kolkata Installation Disbursement section ,<br />
Budge Budge Terminal-I,<br />
1, Graham Road,<br />
Budge Budge,<br />
24 Parganas (S)<br />
Pin Code 743 319<br />
Chennai Installations Disbursement section,<br />
Tondiarpet, 98/99<br />
Ellaya Mudali St.<br />
P.B No. 1170, Korukkupet<br />
Chennai 600 021<br />
Signature & Seal of the Tenderer
19. SUB LEASING<br />
After the placement of order, the successful tenderers shall not be<br />
allowed or entitled to sublet, subcontract or assign any part of the order<br />
without the prior written consent of HPCL<br />
20. TRANSIT RISK<br />
For successful tenderers supplying materials from outstations on FOR.<br />
Destination basis, any damage, shortage loss and deterioration, will be<br />
to the account of tenderers who would be responsible for arranging<br />
timely supplies.<br />
21. CANCELLATION<br />
The Corporation reserves the right to cancel the order placed if the<br />
supplies are not forthcoming as per call ups after placement of LOI /<br />
order or in case of repeated rejection of materials or non adherence of<br />
the Tender Terms and Conditions.<br />
Cancellation of order may also be occasioned on other grounds such as<br />
liquidations of firm or Adjudications or insolvent of the tenderer or if the<br />
attachment is levied or continues to be levied for a period of 7 days upon<br />
the effects of the tenderer. Under such circumstance the Corporation<br />
shall not be responsible for any loss / damage sustained by the<br />
successful tenderer<br />
22. FORCE MAJEURE<br />
Force Majeure clause will be applicable on both sides. However, in case<br />
of force majeure the concerned party shall inform the other party<br />
immediately in writing, the happening of the force<br />
Majeure occurrence . The accepted defination of force majeure will be as<br />
under:<br />
Acts of God, war declared or undeclared, Civil commotion, Natural<br />
clamities (like floods, earthquakes, epidemics etc.) Strikes, Lockouts,<br />
Statutory restrictions effecting deliveries, fires, Explotions, Acts of enemy<br />
agent etc.<br />
23. STATEMENT OF SUPPLY<br />
Supplier shall send a statement showing supplies made by them to<br />
terminals vis-à-vis the callup quantity for each month within first week of<br />
following month together with necessary remark if any for short supplies<br />
against callups to Lubes Purchase Dept. <strong>Hindustan</strong> Bhuwan, Mumbai.<br />
24. VALIDITY OF ORDER<br />
Unless otherwise stated elsewhere in HPCL’s tender, HPCL’s order will<br />
be valid for a period of one year from the date of placement of order or<br />
from the date as indicated in the order. This is “Period Bound” Contract.<br />
Signature / Seal of the Tenderer.
25. TRIAL ORDERS<br />
New supplier and existing suppliers who have not supplied the tendered<br />
material in the past to HPCL will be given a trial order.<br />
26. DISTRIBUTING OF ORDERS<br />
The contract will be finalized only on one supplier location wise.<br />
27. DETENTION CLAUSE<br />
Party must supply only one tank lorry at a time.No tank lorry to be<br />
supplied on a day before a Holiday / Sunday<br />
If a tank lorry comes after 12.30 PM on any day it will be considered as if<br />
received at 8.30AM on the following day for the purpose of calculating<br />
detention charges<br />
Though the payment is on weight basis the tank lorry used to send the<br />
product should be filled to a particular volume which can be cross<br />
checked by measuring the dip in cms. The tank lorry must have a valid<br />
Calibration Certificate from Weights and Measures Department.<br />
Detention charges will become payable only if the material supplied fully<br />
meets HPCL’s specifications. In case of any deviation the Detention<br />
charges will not be paid.<br />
Detention charges will be payable at Rs.50/- per hour per tank lorry only<br />
after 18 working hours (HPCL’s working hours are 8.30AM to 10.30PM<br />
from Monday thru Saturday, Sunday not a working day ) and it will<br />
become applicable as explained below:<br />
Example – 1: Suppose your tank lorry reaches 12.30PM on any<br />
working day.<br />
Under normal condition the tank lorry will be released within 18<br />
hours i.e. before 4.30PM as of the next working day (12.30PM to<br />
10.30PM of the date of date of supply = 10 hours plus 8.30 AM to<br />
4.30 PM of the next working day then in that case the Detention<br />
charges will be payable from 4.30PM of the next working day till<br />
the release of the lorry.<br />
Example- 2 : If your tank lorry reaches before 12.30PM say at 9AM<br />
on any working day:<br />
Under normal conditions the tank lorry will be released within 18 hours<br />
i.e. before 1PM of the next working day (9AM to 10.30PM of the date of<br />
supply = 13 ½ hours plus 8.30AM to 1.00PM of the next working day = 4<br />
½ hours). However, if due to any reason, the tank lorry cannot be<br />
released before 1PM of the next working day than in that case the<br />
detention charges will be payable from 1PM onwards of the next working<br />
day till release of the lorry.<br />
Signature / Seal of the Tenderer.
Example – 3 : If your tank lorry reaches after 12.30PM, say at 2 PM<br />
on Wednesday (say)<br />
In this case since the lorry has come after 12.30PM (on Wednesday) it<br />
will be considered as if received at 8.30AM on the following day i.e. on<br />
Thursday for the purpose of calculating detention charges as per note 3,<br />
above.<br />
In this case there will not be any detention charges upto 18 working<br />
hours i.e. upto 12.30 PM of the next working day (Friday) 8.30AM to<br />
10.30PM of the day (Thursday) following the date of supply<br />
(Wednesday) = 14 hours plus 8.30AM to 12.30PM of the next working<br />
day =4 hours<br />
The Detention charges will be payable from 12.30PM of the next working<br />
day (Friday) till the release of the lorry.<br />
28. ARBITRATION<br />
1) All disputes and difference of whatsoever nature, whether existing<br />
or which shall at any time arise between the parties hereto touching<br />
or concerning the agreement, meaning, operations or effect therof<br />
or to the rights and liability of the parties or arising out of or in<br />
relation therto whether during and after completion of the contract<br />
or whether before after determination, foreclosure, termination or<br />
breach of the agreement (other than those in respect of which the<br />
decision of any person is, by the contract, expressed to be the<br />
other of them and to the sole arbitrator to be appointed as<br />
hereinafter provided .<br />
2) The appointing authority shall either himself act as Sole Arbitrator or<br />
nominate some officer of <strong>Hindustan</strong> <strong>Petroleum</strong> Corporation<br />
Limited (referred to as owner or HPCL) to act as Sole Arbitrator to<br />
adjudicating the dispute and difference between the parties. The<br />
contractor / vendor shall not be entitled to raise any objection to the<br />
appointment of such officer of the owner as the Sole Arbitrator on<br />
the ground that the said officer is an officer is an officer and / or<br />
shareholder of the owner or that he / she has to deal with the<br />
matter to which the contract relates or that in the course of his / her<br />
duties as an officer of the owner, he / she has / had expressed<br />
views on all or any of the matters in dispute or difference.<br />
3) In the event of the Arbitrator to whom the matter is referred to, does<br />
not accept the appointment, or is unable or unwilling to act or<br />
resigns or vacates his office for any reasons whatsoever, the<br />
Appointing Authority aforesaid, shall nominate another Officer of<br />
the Owner to act as Arbitrator.<br />
4) Such Officer nominated as sole Arbitrator shall be proceed<br />
with the Arbitrator from the stage at which it was left by his<br />
predecessor. It is expressly agreed between the parties that<br />
no person other than the Appointing Authority or an Officer of<br />
the Owner nominated by the Appointing Authority shall act as<br />
an Arbitrator.<br />
Signature / Seal of the Tenderer.
5) The Award of the Sole Arbitrator shall be final binding on the parties<br />
to the Agreement.<br />
6) The work under the Contract shall, however, continue during the<br />
Arbitrator proceedings and no payment due or payable to the<br />
concerned party shall be withheld (except to the extent disputed) on<br />
account of initiation, commencement or pendency of such<br />
proceedings.<br />
7) The Arbitrator may give a composite or separate Award(s) in<br />
respect of each dispute or difference referred to him and may also<br />
make interim award(s) if necessary .<br />
8) The fees of the Arbitrator and expense of Arbitration, if any,<br />
shall be borne equally by the parties unless the Sole Arbitrator<br />
otherwise directs in his award with reasons. The Award of the<br />
Sole Arbitrator shall be final and binding on both the parties .<br />
9) Subject to the aforesaid, the provisions of the # Arbitration and<br />
Conciliation Act, 1996 or any statutory modification or reenactment<br />
thereof and the rules made thereunder, shall apply<br />
to the Arbitration proceedings under this Clause.<br />
10) The Contract shall be governed by and constructed according<br />
to the laws in force in India.<br />
11) The parties hereby submit to the exclusive jurisdiction of the<br />
Courts situated at Mumbai for all purposes. The Arbitration<br />
shall be held at Mumbai and conducted in English language .<br />
12) The Appointing Authority is the Director –Marketing of<br />
<strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Limited.<br />
Details of Earnest Money Deposit<br />
Demand Draft:<br />
Signature / Seal of the Tenderer.<br />
No. Date Amount<br />
OR<br />
Bank Guarantee<br />
No. Date Amount
ANNEXURE IX<br />
SPECIFICATIONS OF THE FINISHED PRODUCT TO BE<br />
MANUFACTURED USING THE SUBJECT ADDITIVE :<br />
FINISHED PRODUCT CONFORMING TO API GL4 AND GL5 AND BIS<br />
1118<br />
In addition the following are required to be submitted along with the<br />
UNPRICED Bid :<br />
1. Complete engine test data from a reputed and well known<br />
engine laboratory, applicable to the relevant performance level<br />
as mentioned in the tender, has to be submitted along with<br />
tender.<br />
2. Data should be submitted preferably in Indian Base Stocks<br />
150N, 500N, 150 BS.<br />
3. Alternatively, complete base oil characteristics, on which data<br />
has been generated, should be submitted. BOI guidelines and<br />
ACC code of practices will be followed for evaluation.<br />
4. ½ kg sample of additive should be submitted along with the<br />
tender for all new additives which are not pre approved in our<br />
system.<br />
5. In case of new packages, not previously approved in our<br />
system, any previous performance experience in India and/or<br />
abroad should be clearly spelt out.<br />
6. Following supporting documents (if any) should be submitted,<br />
a. OEM approvals – If there are package approvals from<br />
renowned OEMs, same should be mentioned along with<br />
copy of the approval.<br />
b. Field trial data - If there are any field trails conducted in<br />
India and/or abroad to prove performance or drain, same<br />
may be submitted.<br />
c. Comparison of technology used vis-à-vis other<br />
competitors’ packages available in the market.<br />
d. Suitable VI Improver may be suggested for multi grade<br />
formulations with Chemistry type.<br />
e. Any other point, which may enable HPCL to differentiate<br />
it’s products from the others by using the additive, may be<br />
highlighted.<br />
------------------------------------------------------------------------------------------------------------
Address of the<br />
Registered<br />
Office<br />
ANNEXURE X<br />
<strong>TENDER</strong>ER’S DETAILS<br />
Name of the Tenderer<br />
Whether Sole Proprietor / Partnership /<br />
Private Limited or Public Limited Co.<br />
Name of Proprietors /<br />
Partners<br />
Directors<br />
Year of Establishment /<br />
Registration & Date<br />
Excise Registration No.<br />
Name of the<br />
Bankers<br />
(Furnish Banker’s<br />
Cert.)<br />
Address of the Branch /<br />
Off-<br />
Ice quoting against tender<br />
Address of Factory Exwhich<br />
Supplies will be made<br />
against<br />
Tender<br />
Address of the Proprietors / Partners / Directors<br />
Registration No.<br />
1. Under Companies Act -<br />
2. Small Scale Industries<br />
-<br />
3. DGTD -<br />
Central Sales Tax Regn.<br />
No.<br />
Whether Banker’s<br />
Certificate enclosed<br />
Yes / No<br />
Latest Income Tax<br />
Clearance Cert. No.<br />
& Date (Furnish<br />
Copy of ITC Cert.)<br />
Year of Commencement of<br />
production of item quoted<br />
for<br />
State Sales Tax Regn. No.<br />
Whether ITC Cert.<br />
Enclosed<br />
Yes / No<br />
Page 1 of 4
Capital Investment (Rs.)<br />
Annual Turnover for the last three Years (Rs. -<br />
Lakhs)<br />
Last Year 2 nd last Year 3 rd last<br />
Year<br />
Whether Tenderer had any IR Problems during last 3 years - Yes / No<br />
If yes, give particulars with duration of period<br />
Number of Persons employeed :<br />
Office -<br />
Works -<br />
Power availability in H. P. :<br />
Range of Products manufactured :<br />
Name of Products<br />
Name of Items quoted against<br />
tender<br />
Quantity offered against this tender :<br />
Production Capacity (Qty. In nos.)<br />
Per Shift Per Month Per Year<br />
Production Capacity (Qty. In nos.)<br />
Per Shift Per Month Per Year<br />
Whether item quoted is completely manufactured in tenderer’s factory : Yes / No<br />
If no, give name and details of sub-contractors who supply major<br />
Components (Give details in separate sheet if necessary)<br />
Page 2 of 4
Details of Machinery Available for manufacturing of item quoted :<br />
Details of Machines<br />
Details of Machines<br />
MAJOR MACHINERY<br />
No. of Machines Name of Item<br />
manu-<br />
factured on<br />
manchine<br />
ALLIED MACHINERY<br />
No. of Machines Name of Item<br />
manu-<br />
factured on<br />
manchine<br />
Page 3 of 4<br />
Capacity<br />
LABORATORY / QUALITY CONTROL FACILITIES<br />
Names of Testing Whether Q. C. Whether Test Whether qualified<br />
Semi-Automatic/<br />
Fully Automatic
Equipments<br />
availabel<br />
Tests<br />
are conducted<br />
Reports<br />
are maintained (at<br />
least for 1 year)<br />
Personnel employed<br />
for carrying out Q.C.<br />
checks<br />
Whether Tenderer is possessing ISO 9000 Certificate. If so, give details<br />
List of Large Companies / Public Sector Undertakings / Oil Companies to which<br />
item(s)<br />
quoted for, have been supplied earlier. Give details as under :<br />
Name of Company<br />
Year Quantity<br />
ordered<br />
PLACE :<br />
DATE : SIGNATURE OF <strong>TENDER</strong>ER WITH SEAL<br />
Page 4 of 4<br />
Quantity<br />
supplied
ATTACHMENT XI<br />
FORMAT FOR BANK GUARANTEE<br />
DRAFT<br />
BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT<br />
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)<br />
To :<br />
M/s. <strong>Hindustan</strong> <strong>Petroleum</strong> Corporation Limited<br />
<strong>Hindustan</strong> Bhawan<br />
No. 8, S.V. Marg<br />
Ballard Estate<br />
Mumbai 400 001<br />
IN CONSIDERATION OF M/S. HINDUSTAN PETROLEUM CORPORATION<br />
LIMITED, a Government of India Company, registered under the Companies Act<br />
1956, having its registered Office at 17, Jamshedji Tata Road, Mumbai 400 020,<br />
(herein called ‘The Corporation’ which expression shall include its Successor in<br />
Business and Assigns) having issued Tender / Sole M/s<br />
________________________________ a partnership firm/sole proprietor<br />
Business / Company registered under the Companies Act 1956 having its Office<br />
at ___________________________________________________________a<br />
(herein after called the “The tenderer” which expression shall include its<br />
Executors, Administrators and Assigns) vide Tender No :<br />
_______________________ dated ______________________ (herein after<br />
called ‘The Tender’ which expression shall include any amendments / alterations<br />
to the Tender by the Corporation) for the supply of goods to / execution of<br />
services for the Corporation and The Corporation having agreed not to insist<br />
upon immediate payment of Earnest Money for the fulfillment and performance of<br />
the said Tender in terms thereof on production of an acceptable Bank Guarantee<br />
for an amount of Rs. _______________ (Rupees<br />
________________________________________ only) , we<br />
________________________________ Bank having office at<br />
________________________________ (herein referred to as ‘The Bank’ which<br />
expression shall include its Successor in Business and Assigns), at the request<br />
and on behalf of the Tenderer hereby agree to pay to the Corporation without any<br />
demur on first demand an amount not exceeding Rs.___________________<br />
(Rupees _____________________________ only) against any loss or damage,<br />
costs, charges and expenses caused to or suffered by The Corporation by<br />
reason of non performance and fulfillment or for any breach on the part of the<br />
Tenderer of any of the Terms and Conditions of the said tender .<br />
We, ________________________ Bank further agree that the Corporation shall<br />
be the Sole Judge whether the said tenderer has failed to perform or fulfill the<br />
said tender in terms thereof or committed breach of any of the Terms and<br />
Conditions of the Tender and the extent of Loss Damage, costs, charges and<br />
expenses suffered or incurred or would be suffered or would be incurred by the<br />
Corporation on account thereof and we waive in favour of the Corporation all<br />
the Rights and Defenses to which we as Guarantors and / or the Tenderer may<br />
be entitled to.
We, ______________________ Bank further agree that the amount demanded<br />
by the Corporation as such shall be final and binding on the Bank as to the<br />
Bank’s liability to pay the amount demanded and The Bank undertake to pay the<br />
Corporation the amount so demanded on the first demand and without any<br />
demur notwithstanding any dispute raised by the Tenderer or any suit or other<br />
legal proceedings including Arbitration pending before any court, tribunal or<br />
Arbitrator relating thereof, Our liability under this guarantee being absolute and<br />
unconditional.<br />
We, _______________________ Bank further agree with the Corporation that<br />
the Corporation shall have the fullest liberty without Our consent and without<br />
affecting in any manner Our obligations hereunder to vary any of the Terms and<br />
Conditions of the said tender or to extend time of performance by the Tenderer<br />
from time to time or to postpone for any time to time any of the powers<br />
exercisable by The Corporation against The Tenderer and to forbear to enforce<br />
any of the terms and conditions relating to the tender and we shall not be<br />
relieved from our liability by reason of any such variations or extension being<br />
granted to the Tenderer or for any forbearance act or omission on the part of the<br />
Corporation or any indulgence by the Corporation to the Tenderer or by any such<br />
matter or things whatsoever which under the law relating to sureties would but for<br />
this provision having the effect of relieving us.<br />
This Guarantee / Undertakings shall not be determined or affected by the<br />
liquidation or winding up, dissolution or change of construction or insolvency of<br />
the supplier / contractor but shall in all respects and for all purpose be binding<br />
and operative until payment of all moneys payable to the Corporation in terms<br />
hereof.<br />
NOT WITHSTANDING anything herein before contained, our liability under this<br />
Guarantee is restricted to Rs. _____________ (Rupees<br />
_________________________________ only). Our liability under this guarantee<br />
shall remain in force until expiration of six (6) months from the date of opening of<br />
the said tender unless a demand or claim under this guarantee is made on us in<br />
writing within the said period, that is, on or before _______________________<br />
all rights of The Corporation under the said guarantee shall be forfeited and we<br />
shall be relieved and discharged from all liabilities thereafter .<br />
We, _______________________ Bank further undertake not to revoke this<br />
guarantee during its currency except with the previous consent of the<br />
Corporation in writing .<br />
We, _______________________ Bank last agree that the Bank’s liability under<br />
this guarantee shall not be effected by any change in the Constitution of the<br />
Tenderer.<br />
The Bank has power to issue this Guarantee in favour of the Corporation in terms<br />
of the documents, and / or the Agreement / Contract or MOU entered into<br />
between the Tenderer and The Bank in this regard.
IN WITNESS WHEREOF THE BANK has executed this document on this<br />
___________ day of ____________ 19 For ________________________ Bank<br />
by its constituted Attorney<br />
(Signature of the person authorized<br />
to sign on behalf of the Bank)