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A307_SIB Rev.5 dtd: 20.06.2013 Page 15 of 21
BPCL-KR
Job: A307
All necessary taxes & duties registration, if required for carrying out the site activities shall be done
by the bidder and cost towards the same shall be included in quoted prices.
The statutory variations on Customs duty (rate) considered on above CIF value of built – in import
content, within contractual delivery period shall be to Employer‟s account against submission of the
documentary evidence. However, any increase in the rate of Customs duty beyond the contractual
completion period shall be to bidder‟s account. In case of wrong classification, no variation
including statutory variation of Customs Duty will be payable extra. Any decrease in the rate of
Customs duty shall be passed on to the Employer.
The statutory variations on Excise rate and amount of Excise Duty, CST with concessional form &
VAT without concessional form, which will be payable on the finished goods and Cenvatable
Service Tax, as applicable, within the contractual delivery period shall be to Employer‟s account
against submission of the documentary evidence. Any increase in the rate of these taxes and
duties beyond the contractual completion period shall be to bidder‟s account. However, any
decrease in the rate of taxes & duties shall be passed on to the Employer.
v. Works Contract Tax & service tax on transportation, if applicable, shall be included in the quoted
prices and no variation including statutory variations shall be payable by BPCL.
30.0 RECOVERY OF CUSTOM DUTY, EXCISE DUTY AND SALES TAX:
In case of Indian Bidders, if the Statutory Variation entitles the employer to recover the amount
(irrespective of contractual delivery) such amount will be recovered from any bill of the Supplier
immediately on enforcement of such variation under intimation to the Supplier.
31.0 GOVERNING LAW:
Laws of India will govern the Agreement. All matters relating to this contract are subject to the
exclusive jurisdiction of the Courts situated in Kochi, Ambalamugal (District), Kerala (India).
32.0 PURCHASER’S RIGHTS AND REMEDIES:
Without prejudice to PURCHASER‟s right and remedies under Agreement, if SUPPLIER fails to
commence delivery as per agreed schedule and/or in reasonable opinion of the PURCHASER,
SUPPLIER is not in a position to makeup the delay to meet the intended purpose, the PURCHASER
may terminate the AGREEMENT in full or part at SUPPLIER‟s default and may get supplies from
other sources at SUPPLIER‟s risk and cost.
33.0 DEDUCTION AT SOURCE:
i. Purchaser will release the payment to the Supplier after effecting deductions as per applicable law in
force. Purchaser will release the payment to the Supplier after effecting deductions as per applicable
law in force. Owner shall deduct VAT on Works Contract as applicable & shall furnish TDS certificate
to supplier.
ii.
Purchaser will release payments to the Supplier after offsetting all dues to the Purchaser payable
by the Supplier under the Contract.
34.0 STATUTORY APPROVAL RELATED WITH SUPPLIES / WORKS:
Approval from any authority (i.e. Inspector of Boiler, Electrical Inspector, and Municipal Corporation
of Greater Kochi (MCGK) etc.) required as per statutory rules and regulations of Central/ State
Government shall be the responsibility of Contractor agency.
The application on behalf of the OWNER for submission to relevant authorities along with copies of
required certificate complete in all respects shall be prepared and submitted by the Contractor
agency well ahead of time so that the actual construction/ commissioning of the work is not delayed
for want of the approval/ inspection by concerned authorities. The Contractor agency shall arrange
the inspection of the works by the authorities and necessary coordination and liaison work in this
respect shall be the responsibility of the Contractor agency. Reimbursement by the OWNER of the
statutory fees payable by Contractor agency (as per advance approval of OWNER) may be provided
for, subject to submission of receipt.
The Contractor agency shall carry out any change/ addition required to meet the requirements of the
statutory authorities, within the quoted rates. The inspection and acceptance of the work by statutory
authorities shall be the responsibility of the Contractor agency.
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