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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)

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