Indian Oil Corporation Limited3.imimg.com/data3/NS/PH/HTT-1544/1544_2015-08-18-13-27-54_1439884695.pdfWe intend to purchase corrugated paper cartons of the following sizes at Chennai

Indian Oil Corporation Limited Lube Blending Plant

#2, New Ennore High Road, Chennai - 600081 IndianOil

Ph. No.: (044) 25929403

LBPLM01 dt. 18.08.15 for procurement of Cartons for Chennai & Tadepalli

TENDERER’S SIGNATURE WITH OFFICE SEAL

Regd. Office :- G -9 , Ali Yavar Jung Marg, Bandra (East ) , Mumbai - 400051

Marketing Division, Southern Region .

Ref :- LBPLM01 Dated 18.08.15 To

1. M/s Shri Hari Packaging, Chennai 2. M/s Shri Vari Packs & Print, Pondicherry 3. M/s Lalit Corrugating, Chennai 4. M/s Srikant Containers Pvt. Ltd., Hyderabad 5. M/s Purnachandra Packaging Pvt. Ltd., Hyderabad 6. M/s Safety Packagers Pvt Ltd., Nagpur

Dear Sirs,

We intend to purchase corrugated paper cartons of the following sizes at Chennai & Tadepalli to meet our requirement for next six months. We are sending here e-tender enquiry to you for quoting your most competitive rate for the same.

QUANTITY IN NO. OF CARTONS Location Chennai Tadepalli

Cartons size

Total Lot 1(60%)

Lot 2(40%)

Total Lot 1(60%)

Lot 2(40%)

20 X 1 ltr. 95000 57000 38000 113000 67800 45200 4 X 3 ltr. 32000 NA NA NA NA NA 4 X 3.5 ltr. 10000 NA NA NA NA NA 4 X 4 ltr. 5000 NA NA NA NA NA 4 X 5 ltr. 18000 10800 7200 50000 30000 20000

Tenders will be on single bid (price bid only) system and will be finalized size-wise, location-wise on net-delivered rate basis. Tender will be finalized on two lot basis for 1 ltr. & 5 ltrs. for Chennai and Tadepalli. For the rest sizes of cartons, it will be of single lot. For multiple lot sizes:- Each tenderer shall quote one price for full tendered quantity against each of the above items separately. Each item will be evaluated based on Net Delivered Rate for full tender quantity item-wise location-wise. L1, L2…… parties will be decided accordingly. L1 party will be eligible for Lot 1 quantity and L2 party for the Lot 2 quantity, provided L2 party matches the finalized Net Delivered rate of L1 party. If L2 party does not match the L1 net delivered rate, L3 party will be offered for matching L1 net delivered rate for the Lot 2 quantity and so on. If no one matches L-1 rate, entire quantity, i.e., Lot-1 & Lot-2 quantity, will be awarded to L1 party provided L1 party agrees to supply additional quantity to meet our requirement.



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For single lot sizes:- Tender will be evaluated based on net delivered amount for full tendered quantity. Lowest tenderer shall be eligible for full tendered quantity. TAXES & TARIFF Tender will be evaluated based on applicable duties, taxes etc. as on due date of submission of tender. OPENING OF TENDER Offer shall be submitted on line through IOCL e-tendering website https://iocletenders.gov.in from 09.00 hrs on 20.08.15 (IST) to 0900 hrs on 03.09.15. Tender shall be opened on 04.09.15 at 0900 hrs (IST). In case of unscheduled holiday on opening day of tender, the next working day will be treated as scheduled prescribed day of opening of tender.

EARNEST MONEY DEPOSIT: NIL All proposed parties are under NSIC/MSE category and hence exempted from payment of EMD provided valid scanned duly notarised copy of the NSIC /MSE Registration Certificate is submitted along with the Price Bid. Otherwise, their offer will be rejected. Pl. note that :- (a) the Certificate issued by NSIC / DIC should be valid on the date of Opening of The Price Bid; (b) the NSIC Certificate should cover the items under consideration in this Tender; and

Tender shall be evaluated taking into consideration input credit on VAT. The parties located within the state of Tamil Nadu for supply to LBP, Chennai will have VAT set off @60%.

VAT set-off to be entered in the respective cell in price bid format.

The parties located outside the state of Tamil Nadu for supply to LBP/Chennai & located outside the state of Andhra Pradesh (effective 02.06.14) for supply to SCFP/Tadepalli will be eligible for C- form.

“Any query with regard to non-issuance of the tender documents or rejection of the tender may be forwarded to Shri S K Mondal , CH. Manager (LM), Indian Oil Corporation Ltd. (MD), Lube Blending Plant, Tondiarpet, Chennai-600081 (e-mail address [email protected] ).“



Ph. No.: (044) 25929403





The Corporation reserves the right to accept any tender in whole or in part and reject any or all tenders without assigning any reasons. The Corporation is not bound to accept the lowest rate for any tender and reserves the right to accept one or more tenders in part. The decision of ICOL in this regard shall be final. Tender document (Non-transferable) can be downloaded from IOCL e-tendering website https://iocletenders.gov.in from 19.08.15 0900 hrs to 02.09.15 0900 hrs (both days inclusive). Complete offer can be submitted on line through said IOCL e-tendering website up to 0900 hrs (IST) on 03.09.15. Tender shall be opened on 04.09.15 at 0900 hrs (IST). In case of unscheduled holiday on opening day of tender, the next working day will be treated as scheduled prescribed day of opening of tender. NO MANUAL TENDERS WILL BE ACCEPTED. THEY WILL BE REJECTED OUTRIGHT.

ALL BIDS TO BE SUBMITTED ON-LINE THROUGH IOCL e-tendering website https://iocletenders.gov.in. Indian Oil Corporation Ltd. reserves the right to accept/reject the tender without assigning any reason. Thanking you, Yours Faithfully, For INDIAN OIL CORPORATION LTD.(MD) (S K Mondal) CH. Manager (LM)/Chennai e-mail - [email protected] & Ph. - 04425929403 Tender Inviting Authority



Ph. No.: (044) 25929403





CHECK LIST

Sr.

DOCUMENTS Remarks (Yes / No)

1. Valid DIC/MSE/NSIC Certificate duly notarized 2. All pages of Tender are uploaded digitally signed and

details filled.

3. Declaration of Child Labour on letter head 4. Copies of Statutory Licenses attached

a. Factory License

b. Excise Registration

c. CST / VAT Registration Certificate

5. Declaration on Holiday Listing on letter head

Please ensure all documents attached as per check list are uploaded.



Ph. No.: (044) 25929403





Sr. No.

Contents Number of Pages

1. Check List 1

2 Contact Details of Tenderer 1

3 Introduction & Scope 1

4 Instruction to Tenderers 3

5 General Terms & conditions 10

6 Specifications 11

7 Details of tenderer 1

8 Details of relationship with IOCL’s Directors etc. 3

9 Declaration of Black Listing / Holiday Listing 1

10 Indemnity Bond for lost receipt 1

11 Bank Guarantee for Security Deposit 2

12 Supply & Performance Guarantee 1

13 Agreement 6

14 General Conditions of Contract 6



Ph. No.: (044) 25929403





CONTACT DETAILS OF TENDERER

1.

NAME OF THE TENDERER

:

2. CONTACT DETAILS OF OFFICE

a.

ADDRESS :

b. Person to be contacted :

c. Telephone No. :

d. Fax no. :

e. Mobile no. :

f. E-mail ID (Mandatory)

:

3. CONTACT DETAILS OF FACTORY

a.

ADDRESS :

b. Person to be contacted :

c. Telephone No. :

d. Fax no. :

e. Mobile no. :

f. E-mail ID :

* Please note that all communication will be forwarded to vendors office E-mail address only.



Ph. No.: (044) 25929403





INTRODUCTION & SCOPE

1. IOCL intends to procure different sizes of corrugated cartons to pack HDPE

containers at their plants at Chennai & Tadepalli to meet IOCL’s requirement of next 6 months.

2. Selection of suppliers for supply of corrugated Cartons for different sizes of containers will be done based on Scope, Terms & Conditions and Rates finalised through the present tender.

3. SCOPE Scope of supply of different sizes of corrugated cartons will include Raw materials, manufacturing of Cartons, Quality Checks, Packing, Forwarding and transporting the materials to IOCL’s Plants at Chennai & Tadepalli or any other location in Chennai / Tadepalli including unloading of the materials at the Plants.

4. Rates for supply of different sizes of corrugated cartons shall be quoted by tenderers based on delivered / net delivered rate including all cost elements like raw material, conversion charges, Excise Duty / Taxes / other statutory levies as applicable, freight / transportation charges, packing / forwarding charges etc.

5. Parties should quote prices only in the format given by IOCL. Duties and taxes should be quoted in percentage only.

6. Taxes & Tariffs Tender will be evaluated based on applicable duties, taxes etc. as on due date of submission of tender.

7. Existing supplier of IOCL, if successful in tender, shall commence supply immediately on issuance of LOI/Purchase order by IOCL as per Call-ups from locations. Successful tenders who have not supplied similar material to IOCL earlier shall commence supply within 10 days time from the date of issuance of LOI by IOCL as per Call – ups from locations. This 10 days period shall include all works required by the vendors to commence supply including approval of their sample by IOCL.

ALL BIDS TO BE SUBMITTED ON-LINE THROUGH IOCL e-tendering website https://iocletenders.gov.in.

NO MANUAL TENDERS WILL BE ACCEPTED. THEY WILL BE REJECTED OUTRIGHT.

Indian Oil Corporation Ltd. reserves the right to accept/reject the tender without assigning any reason thereof and also to allow purchase preference to the Public Sector Undertakings as per the policy of Government of India and JV’s/subsidiaries of IOCL as per guidelines as applicable.

Tenderer should advise IOC, HO / Plant / LC office the production / despatch details in the prescribed format by E mail.



Ph. No.: (044) 25929403





INSTRUCTION TO TENDERERS

1.0 General Instructions: 1.1 Bids should be submitted by the bidder in complete accordance with our Tender Document

and its attachments. 1.2 Any effort by Bidder or Bidder’s Agents, Consultant or representative howsoever described,

to influence the owner in any way concerning scrutiny consideration / evaluation / comparison of the bid or decision concerning the award of the contract shall entail rejection of the Bid.

2.0 Submission of Tender: 2.1 Bids should be submitted in “single bid system” i.e. “Priced bid” only. 2.2 Part–I: Un-price Bid complete with all technical and commercial details other than price

shall be submitted essentially containing the following documents in different files as given under:

A. Tender document duly filled and digitally signed. B. Scanned Copy of EMD -Demand draft / Bank Guarantee/Notarized copy of MSE/ NSIC /DIC

certificate. C. Declaration of Holiday Listing on letter head / Details of relationship with IOCL Directors/

Declaration of Engagement of Child Labour on letter head/Copies of all statutory licenses like Factory Licence, ECC, CST / VAT Registration to be submitted properly filled & signed-Scanned copies.

D. Any other documents which tenederer may wish to submit. 2.3 Part-II: “Price bid” This part shall be submitted in single copy and shall have only Price

Schedule (BOQ) with prices duly filled in. While filling the price bid following may be ensured:

i) Price should be quoted strictly as per IOCL format.

ii) There are 7 sheets for different sizes of cartons. Parties should enter the prices accordingly.

iii) Price to be quoted with CST or VAT. iv) All taxes and duties to be filled in percentage only. v) VAT set off if applicable shall be entered in percentage only. vi) If freight is applicable on VAT/CST , same should be indicated as “yes” in column AK8

of price bid. iv) Local Levi if applicable shall be claimed separately by the tenderers and shall be

reimbursed suitably against production of original payment receipts.



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3.0 Tender Opening: 3.1 The Price bid shall be opened online on the due date in our office . Witnessing of Price bid

opening of the tender shall be online at our website. 4.0 Acceptance/Rejection: 4.1 Offer received with deviation (Technical as well as commercial) shall be out rightly

rejected. Vendor is requested to submit their offer without any deviation and exactly in line with IOCL tender documents.

4.2 The Price bid (BOQ) should be uploaded strictly as per the format available with the tender

in the website failing which the offer shall be rejected. 4.3 IOCL reserves the right to accept or reject any tender in Part or full to abort the bidding

process without assigning any reason whatsoever. IOCL reserves the right to allow purchase preference to PSUs / SSI as per Govt. policy and to JV Companies as per IOCL policy in vogue. Other benefits to Public Enterprises and SSIs registered with NSIC, like exemption of Tender EMD will be extended as per existing guidelines of Gov. of India.

4.4 Suo-moto reduction shall not be considered for evaluation whether given before or after

opening of price bids. If any tenderer other than lowest offers suo-moto reduction in the prices after opening of the price bid, the offer shall be rejected out rightly.

4.5 IOCL reserves the right to not to accept the lowest bid. 5.0 TENDERS LIABLE FOR REJECTION: Tender is also liable for rejection if the Bidder:

(a) Stipulates the validity period less than what is stated in the Tender Form. (b) Stipulates his own conditions. (c) Does not disclose the full names and addresses of all his partners or Directors. (d) Does not fill in and sign the required annexure, specifications, etc. as specified in the tender. (e) If the tenders contain unacceptable terms and conditions. (f) If the tender is not according to our format of Price and UN-Price Bid. g) Submission of Manual bid.

Contract Agreement will be executed for contracts comprising supply of tendered item.

It is mandatory for every tenderer to fill all the documents as set out in the tender document irrespective of their earlier association with IOCL. No alteration in the tender will be allowed after opening. The Tender should be valid for a period of 180 (One hundred and eighty) days from due date of opening of Tender.

7.0 COST OF BIDDING: The bidder shall bear all costs associated with the preparation and submission of the bid.



Ph. No.: (044) 25929403





8.0 BIDDING DOCUMENTS: The bidder is expected to examine all instructions, forms, terms and conditions in the bidding documents. The invitation to bid together with all its attachments thereto shall be considered to be read, understood and accepted by the bidder. 9.0 AMENDMENT OF BIDDING DOCUMENTS: At any time IOCL may modify the Bidding Documents by amendment thereto. The amendment will be notified in writing and will be binding on bidders. 10.0 LANGUAGE OF BID: Bid and all correspondence/drawings and documents relating to the bid exchanged between the bidder and IOCL shall be in ENGLISH language. 11.0 LATE BIDS: No bids can be submitted online after the last date and time for submission of bids prescribed. 12. To assist in the scrutiny, evaluation and comparison of bids, IOCL may, at their discretion,

request clarifications on the bid from the tenderer. 13. IOCL shall not be bound to accept lowest or any tender and reserve the right to accept one

or more tenders in part. The decision of IOCL in this regard shall be final. 14. Authorised representative of the vendor must attend the call up meeting every month at

Plant/Lube complex.



Ph. No.: (044) 25929403





GENERAL TENDER TERMS AND CONDITIONS

1 EARNEST MONEY DEPOSIT – NIL

2. VALIDITY OF QUOTATION :

The rates quoted against this tender shall be valid for a period of 180 days from the date of opening of the tender and once the quotation is accepted and the order placed on the successful tenderer, the rates shall be valid for the entire ordered quantity.

3. PERIOD OF CONTRACT :

The contract awarded against this tender will be valid for a period of 6 months. However, if 100% quantity is not completed within 6 months, the contract period is further extendable for another three more months or till completion, whichever is earlier at the discretion of the Corporation. Even after that, spill over quantity if any, can be drawn by the corporation with mutual consent.

4. EXCISE DUTY :

Excise Duty will be reimbursed at actuals as on the date of delivery. (Please specify current rate of excise duty payable for item quoted by you).

Tenderers are requested to forward a copy of :

1) Central Excise Registration Certificate and details of ECC No. etc.

5. SALES TAX / VAT :

The rate of Sales Tax / VAT payable will be as applicable at the time of delivery. (Please specify current rate of Sales Tax / VAT payable wherever applicable). Payment is subject to the condition and Tenderer’s written undertaking that the same is statutorily payable by the Tenderer to the Government and actually will be paid to the Government.

All invoices should be in the prescribed format of the respective State Govt. under the VAT Legislation. The vendors are also required to furnish their Registration Number under the Act.”

Tenderers are requested to forward a copy of :

1) Central Sales Tax Registration Certificate

2) States Sales Tax Registration Certificate 3) TIN Certificate.



Ph. No.: (044) 25929403





6. OCTROI

Octroi / Entry Tax, if any, will be reimbursed by the Corporation at actuals as applicable on the date of delivery against production of proof of payment.

Octroi has to be paid by the vendor on behalf of IOCL and the Octroi receipt should be in favour of M/s Indian Oil Corporation Limited. The Octroi will be reimbursed to the vendor on submission of proof of payment at actuals.

7. TURNOVER TAX:

Turnover tax, if applicable, will be reimbursed at actuals as on the date of delivery. (Please specify current rate of T.O.T. payable for item quoted by you).

8. LOT SYSTEM:

To meet Corporation’s requirement, the supplies will be drawn in LOTS as per details given in the tender.

9. PRICE ESCALATION / DE-ESCALATION:

Price shall be firm till entire quantity is completed.

10. SECURITY DEPOSIT:

11.1 Within two weeks of our communication to the successful Tenderer of acceptance of the rates, they will have to deposit a sum equivalent to 5% of the value of the contract subject to maximum of Rs.100,000/- (Rupees One Lakh only) as Security Deposit in any one of the following manner :

a) Pay Order/Demand Draft of Scheduled/Nationalised Banks on which no interest will be allowed. CASH, CHEQUE, FDR & TDR towards S.D. will not be accepted.

b) Guarantee Bonds executed by Nationalised/Scheduled Banks valid for period of completion plus 6 months. If the suppliers desire to pay the Security Deposit by way of Bank Guarantee, they should submit Bank Guarantee for the full amount before commencement of supply. The Bank Guarantee should be directly sent by the Bankers under their covering letter to IOC. No Bank Guarantee will be accepted for Security Deposit of value less than Rs.25000/-.

If requested by successful tenderer the EMD can be converted to Security Deposit provided EMD is paid by DD/Pay Order and the party surrenders the original EMD receipt.

MSE/ NSIC parties are not exempted from payment of Security Deposit.

SECURITY DEPOSIT WILL NOT CARRY ANY INTEREST.

MSE’s are not exempted from payment of Security deposit.



Ph. No.: (044) 25929403





11.2 We shall be entitled, without being bound to do so, to adjust the whole or any portion of the Security Deposit towards the recovery of any amount due to us from the Tenderer. The Security Deposit or such portion thereof as has not been adjusted towards the recovery of amounts due from the tenderer to us will be refunded to the Tenderer. Security Deposit will be refunded within 3 months of the satisfactory completion of the contract and after the deposit receipt is duly discharged and returned to IOC. No interest will be payable by IOC to the Tenderer on the amount of the Security Deposit.

12. DELIVERY SCHEDULE:

Existing supplier of IOCL, if successful in tender, shall commence supply immediately on issuance of LOI by IOCL as per Call-ups from locations. Successful tenderers who have not supplied similar material to IOCL earlier shall commence supply within 10 days time from the date of issuance of LOI by IOCL as per Call – ups from locations. These 10 days period shall include all works required by the vendors to commence supply including approval of their sample by IOCL.

Actual supply should be as per our indent. Our estimated requirements are indicated in the proforma. The exact requirements per month will be intimated from time to time. It is emphasized that strict adherence to the delivery schedule is of the utmost importance to the Corporation, as otherwise our manufacturing and distribution programme would be seriously upset and cause us considerable loss. In the event of our inability to uplift the stipulated number of containers, due to circumstances beyond our control, we will not be responsible for any losses that the Tenderer may sustain. The Corporation has right to divert any quantity of containers to any place. The rates applicable for this quantity shall be the same. In case the rate is inclusive of freight suitable adjustment in rate will be made by mutual negotiations.

All cartons should be transported by road through reputed transporter like M/s. Prakash Roadlines /Speedage/ XPS/ Safexpress/ AFL Logistics/OM Logistics/V.Express/GATI or any other approved Transport by IOC in writing, so that the consignment reaches IOCL plants within 7 days from date of dispatch. Any consignment received after 15 days shall be summarily rejected.

DELIVERY ADDRESS: We require the materials at the following Plants :

Location - CHENNAI

Lube Blending Plant, Chennai M/s. Indian Oil Corporation Limited (MD) 2, New Ennore High Road, Chennai - 600081



Ph. No.: (044) 25929403





Location - TADEPALLI

SMALL CAN FILLING PLANT,TADEPALLI INDIAN OIL CORPORATION LTD (MD) G T ROAD, TADEPALLI, GUNTUR DIST, ANDHRA PRADESH - 522501

13. TRANSIT RISK:

Since manufacturers shall be responsible for coordinating despatches by Rail/Road they shall be responsible for material found damaged/defective/short received at the receiving end. It may be noted that in case of rail despatches only, necessary claim will be lodged by IOC, wherever possible.

14. RISK PURCHASE :

In case the successful Tenderer fails to deliver the quantities as stipulated in the delivery schedule, IOC reserves the right to procure the same or similar materials from alternative source at the risk, cost and responsibility of the successful tenderer.

15 RAW MATERIAL :

Raw Material for the manufacture of cartons will have to be purchased and arranged for by the successful Tenderer at his own cost.

16 PAYMENT :

Full payment shall be made within 30 days from the date of receipt of Invoice against the order supported by delivery challan duly receipted by the receiving location. Payment documents should be submitted to the receiving Plants as directed from time to time.

The following documents have to be submitted for payments.

1. Invoice in quadruplicate - Original for Buyer + 3 photo copy. 2. Acknowledged copy of delivery challan 3. Two copy of Inspection / Test / Q.C. Certificate. 4. Original Octroi receipt with Form B. (if applicable) + one photo copy of the same. 5. Any other documents as required.

Payment will be made by RTGS / NEFT / EFT e payment methods etc. in line with our corporation’s guidelines.

17 BEST PRICE CLAUSE :

The price charged for the material to be supplied under the contract by the successful tenderer for a particular location shall in no event exceed the lowest price at which the said successful tenderer sells the material of identical description to any other PSU Oil Company against any order received during the pendency of the contract awarded



Ph. No.: (044) 25929403





pursuant to this tender at the same location. If at any time during the pendency of the contract awarded pursuant to this tender, the successful tenderer sells the material of identical description covered under the contract to any other PSU Oil Company for the said location at a price lower than the price charged under the contract to IOC, such successful tenderer shall forthwith notify to IOC such reduction of price. In any event, the price payable by IOC for the said material shall stand correspondingly reduced forthwith from the day on which such sale is effected by the successful tenderer to other PSU Oil Company. However, this Best Price clause shall not affect either party’s rights and obligations under the contract, including those under “Price Escalation/De-escalation” clause.

18. TESTING FACILITIES & REQUIREMENT OF TESTING EQUIPMENT :

Tenderers must have testing equipment so that they can test the quality of 5 ply cartons being manufactured and supplied to IOC to ensure that the tendered material meet the quality as per specifications. The non-availability of testing equipment may render the offer liable to rejection at the discretion of IOC.

19. MACHINERY: All 5 Ply Cartons shall be produced in house with the plant & machineries provided by the vendors in their premises and no sublet contract is allowed.

20. PACKING :

Successful tenderer shall supply 5 Ply Cartons neatly packed in bundle of 25 nos. each. The successful tenderer should also ensure that the cartons do not get damaged during normal handling, transit and storage. The supplier shall give the following documents with each consignment supplied.

a) A certificate as follows: -

“The 5 Ply Cartons supplied under this challan conforms to the specifications stated in the Purchase Order”.

b) A Test Report showing the results of the test carried out along with each batch supply. c) The supplier shall give Batch No. for each consignment. The Batch No. Should indicate

the following details: - 1. Name/ Code of the supplier 2. Month / Year of Manufacture 3. Batch Number

21. INSPECTION OF WORKS :

a) IOC team may visit the works of the tenderers to assess their technical

competency and capacities of Plants at any time during evaluation of tender or during contract period.



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b) IOC shall be at liberty to inspect the factory of the suppliers including their production process and quality control testing during the pendency of the contract. IOC shall also be at liberty to appoint its authorised agency/third party for inspection of the production facilities, testing facilities and quality control adopted by the supplier, the raw material used etc.

22. ARBITRATION:

All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of an officer of the corporation to be nominated by the Director (Marketing) of the Corporation. The arbitrator to whom the matter is originally referred by the Director (Marketing), on his being transferred or vacating his office or being unable to act, for any reason, the such Director (Marketing) may designate any other officer to act as arbitrator. It is also the express term of this agreement that no person other than the officer designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.

The parties hereby agree that the court in city of…………..alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitration or other proceedings in respect of any thing arising under this Agreement.

23. ACQUIESCENCE:

Any acquiescence or waiver by the Corporation of any delay, breach or default committed by any tenderer shall not be deemed to be or considered as estoppels against the Corporation nor prevent the Corporation from exercising any of its rights.

24. REJECTION:

(a) Sampling, testing and acceptance of the consignment shall be carried out in accordance with the procedure prescribed by BIS and the additional requirements laid down by IOC thereof. (b) The supplier should note that it is not incumbent upon IOC to check and test each and every container out of the consignment received and IOC will make only random checks in accordance with the procedure laid down by BIS/IOC. The supplier should, therefore, take note of all the requirements before submitting his quotation. (c) If, as a result of the tests carried out, the labels are found defective, IOC shall have the right to reject the whole consignment and deliver the same to the supplier after de-shaping. The supplier should, therefore, note that they would not be entitled to take back the rejected consignment in the original condition at which they were tendered. (d) In addition, IOC at its own option shall be entitled to recover the cost incurred for de-shaping the rejected consignment from the supplier. The supplier shall make their



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own arrangements to take back such rejected consignment, purely at their own cost. If the supplier fails to take back the de-shaped rejected consignment within a period of 14 days from the date of receipt of the notice from IOC, IOC shall be free to dispose off the same at the risk and cost of the supplier. (e) The cartons shall be free from defect of any kind whatsoever for a minimum period of 6 months from the date of acceptance by IOC. In case IOC suffers loss on account of any latent defect found in the cartons before the expiry of the above said period, IOC shall be entitled to claim from the supplier value of such cartons. IOC shall not be bound to return such defective cartons to the suppliers.

25. SUB-LEASING :

After the placement of the order, the successful Tenderers shall not be allowed to sublet or assign any part of our order without our prior written consent.

26. CANCELLATION :

We reserve the right to cancel the contract forthwith upon or any time after the happening of any of the following events viz. – (a) If the Tenderer shall commit a breach of any of the terms and conditions of

tender and fail to remedy such breach within fifteen days of the receipt of the written notice from us in regard thereto.

(b) On the death or adjudication of insolvent of the Tenderer if he be an individual. (c) Liquidation whether voluntarily or otherwise on the passing of an effective

resolution for winding up the Tenderer if it be a company. (d) If the attachment is levied or continued to be levied for a period of seven days

upon the effects of the Tenderer or of any individual or partner of the Tenderer firm.

(e) If the Tenderer does not adhere to the instructions which may be issued from time to time by us in connection with the manufacture of the labels, our right to so terminate the contract shall be without prejudice to any of our other rights and remedies against the Tenderer and in the event of our so terminating the contract, we shall not be liable to pay for any loss or compensation in respect of such termination.

27. FORCE MAJEURE CLAUSE :

If at any time during the continuance of this contract the performance in whole or part by either party of any obligation under this contract shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-outs or acts of God (hereinafter referred as events) then provided notice of the happening of any such events if given by either party to the other within twenty-one days from the date of occurrence thereof neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for



Ph. No.: (044) 25929403





damage against the other in respect of such non-performance or delay in performance and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of the Director (Marketing), Indian Oil Corporation Limited (Marketing Division) as to whether the deliveries have been so resumed or not shall be final and conclusive provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for period exceeding 60 days either party may at its option terminate the agreement.

28. FORMATION OF SYNDICATE :

If Tenderers form a syndicate and quote a uniform delivered rate against our tender, then such quotations are liable to be rejected by IOC without assigning any reason.

29. LIQUIDATED DAMAGES:

The Seller hereby agrees to pay to the Corporation by way of liquidated damages and not as penalty, an amount equal to ½% (One half percent) of the basic price of the materials so delayed for each week (or part there of) of such delay in delivery subject to a maximum of 10% (as applicable) of such basic prices. For the purpose of calculating Liquidated damages, date of despatch will be taken as date of supply.

30 REPEAT ORDER OPTION: IOC at its option, may consider placement of Repeat Order with mutual consent on the successful Tenderers for similar quantity awarded at the same rate, terms and conditions.

31. NEGOTIATIONS:

The Corporation reserves the right to negotiate with the Tenderers. In the event of negotiations, the Tenderer will be required to confirm the negotiations in writing within the time stipulated. If the Tenderer fails to comply with this requirement, the Corporation reserves its right to ignore his quotation at its discretion.

32. PROHIBITION OF ENGAGEMENT OF CHILD LABOUR :

In line with provisions of The Child Labour (Prohibition and Regulation) Act, 1986, and various labour laws applicable in the Country, all the entitles / bidders are required to give a duly signed declaration to the effect that they are not engaging Child labour as per various labour law applicable to them. Declaration on Tenderers Letter head to be given. Any bidder / entity making a false claim would have its contract terminated forthwith, if detected later.



Ph. No.: (044) 25929403





33. AGREEMENT:

On acceptance of the quotation, the successful tenderer shall execute an agreement along with addendum to agreement with the Corporation covering all the terms and conditions as per the format. Agreement enclosed forming part and parcel of the tender conditions. A copy of the Agreement along with addendum to agreement format is attached to the tender documents. Every tenderer should acquaint himself with the terms contained in the said agreement format. Every tenderer should also note that the terms contained in the agreement format should apply to the contract that will come into play with acceptance of the quotation. In other words on issuance of the purchase order to the successful tenderer, the terms and conditions including the Arbitration clause contained in the agreement format will apply and bind both the parties viz. Corporation and tenderer, although the execution of the agreement will be done later. Every tenderer should sign and initial each page of the agreement format and Tender Conditions and submit the same along-with the quotation in token of having read and understood the contents of the same.

34. SUPPLY & PERFORMANCE GUARANTEE Notwithstanding the security deposit under clause no.12 (12.1) of the tender document, the successful tenderer within 10 days of placement of LOI shall in addition deposit a refundable amount equivalent to Rs.2.00 Lacs as supply & performance guarantee. This amount shall be deposited by way of crossed A/c payee demand draft drawn on any Nationalised or Scheduled bank in favour of Indian Oil Corporation Ltd., (Marketing Division) and payable at Chennai for the full amount before commencement of supply under their covering letter. No interest shall be payable by IOCL on the amount for Supply & Performance Guarantee so collected. Supply & Performance Guarantee shall be refunded only after the completion of 6 (six) months period from the date of last supply of contract. IOCL shall be entitled to deduct from this amount any loss or damage which IOCL shall be put to by reason of any defective material supplied by vendor or any other non – compliance of the vendor with the characteristics, requirements and specification agreed upon as under the terms and conditions of the Purchase Order. Any shortfall in the value of the said amount as a result of encashment by the Corporation either in part or full in terms of the Supply & Performance guarantee shall be made good by the Supplier within one week thereof. Failure to maintain the amount at the original level will be treated as breach of contract and will lead to actions as per tender terms & conditions.



Ph. No.: (044) 25929403





35. GENERAL:

a) Tenderers are requested to carefully study all the tender documents and the Tender Conditions before quoting their rates. No alteration in the tender will be allowed after the opening of the tender.

b) Every tender must be strictly in accordance with our conditions and specifications.

c) When person signing the Tender/Agreement is not the sole proprietor / Partner or Director of the Company, the original Power of Attorney or a notary certified copy thereof authorising such person to act and sign on behalf of the Company must be submitted along with the tender documents.

d) The Corporation reserves the right to accept any tender in whole or in part and reject any or all tenders without assigning any reasons. The Corporation is not bound to accept the lowest rate for any tender and reserves the right to accept one or more tenders in part.

e) It shall be understood that every endeavor has been made to avoid error which can materially affect the basis of Tender and the successful Tenderer shall take upon himself and provide for risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. No advantage is to be taken either by the Corporation or the Tenderer of any clerical error or mistake, which may occur in the general specification, schedules, plans, or Tender Forms supplied to the Tenderer.

f) Any Tender not conforming to the terms and conditions prescribed in the tender documents or not accompanied by the requisite Earnest Money Deposit will be rejected.

g) Any terms and conditions attached, printed overleaf of the vendors offer will not be binding on IOC.

h) Before issuing of the order if any dispute arises the same shall be referred to the Arbitration as per clause contained in the agreement format said above.

i) Details on Tenderer’s relationship with IOC’s Directors should accompany the quotation in the proforma enclosed.

j) Declaration of Black listing / Holiday listing should accompany the tender in the proforma enclosed.

k) The Corporation reserves the right to accept any tender in whole or in part and reject any or all tenders without assigning any reason. The corporation is not bound to accept the lowest rate for any tender and reserves the right to accept one or more tenders in part. The decision of the Corporation in this connection will be final.

l) Tenderers should read the conditions of IOCL tender documents carefully and upload the document digitally signed by them in token of having read, understood and accepted the conditions.

The above mentioned Terms and Conditions are acceptable to us.



Ph. No.: (044) 25929403





SPECIFICATION

MATERIAL & FINISH OF PRODUCT

1. Top paper of Kraft paper of the corrugated box should be of natural shade. The carton

suppliers shall submit carton samples to IOC plants for approval of shade before commencement of bulk supplies against order. Once the sample is approved, the same will be considered as representative one for any future supplies against the order against subject tender.

2. IOC will be at liberty to carry out the required tests/verification from the quality angle as

per details given below for acceptance of cartons in IOCL Plant-consignment wise. a) Visual appearance. b) Measurement of dimensions c) Bursting Strength d) COBB value (30 min) e) Moisture content f) Flute details i.e. Type of flute, Direction of Flute & Height of Flute g) Type of Adhesive h) Staple Pin i.e. Type of pin, nos. of Staple & Gap between pins i) Identification Mark j) Printing Quality k) Total substance weight l) Compression Strength test- The required Compression Test value are as per the

chart. PACK SIZE FOR LUBE MINIMUM CS IN KG 20 x 1 ltr. 240 4 x 3 ltr. 225 4 x 3.5 ltr. 225 4 x 4 ltr. 240 4 X 5 ltr. 240



Ph. No.: (044) 25929403





CARTONS FOR 20 x 1 LITRE HDPE CONTAINERS

DESCRIPTION SPECIFICATION TEST METHOD REF. FOR INSPECTION

Appearance Smooth, No Scratches Offset printed. Edges should be neatly cut. Visual As per IHTM.

Nos. of Bottles to be Packed 20 Nos As per Contractual spec.

Pattern of packing 5 ROWS, 4 COLUMNS As per Contractual spec. Size 515 X 310 X 234 mm ID+ 5 mm Scale As per IHTM. Ply 5 PLY CORRUGATED As per Contractual spec.

Grammage (minimum)

180 GSM Top paper (+28BF) NATURAL SHADE

140GSM (+22BF) other 4ply. As per Contractual spec.

Type of Paper Kraft Paper As per Contractual spec. Type of flute Narrow (50 - 56) Flutes/Foot Visual As per Contractual spec. Flute Height. 2.0 – 2.8 mm Vernier Calliper As per IHTM.

Type of Adhesive Starch Gum with Dextrin Base only As per Contractual spec.

Total Substance 821 GMS (+8%) (- 5%) Weighing balance As per IHTM.

Bursting Strength 13 Kgs./ cm2 min. Apparatus As per Contractual spec. / IS 1060 - 1987 Part 1/ IHTM

COBB Value (30minutes) 140gms/ cm2 (max) Apparatus As per Contractual spec. /

IS 1060 - 1987 Part 1/ IHTM

Moisture Content 8% + 2% Weighing Balance, Drying oven

As per Contractual spec. / IS 1060 - 1987 Part 1/ IHTM

Compression Strength 240 kg (minimum) Apparatus

Vendor to carry out compression test and report the values in their Test Report for

each batch.

Staples

Galvanized 10 Nos & Rustproof Pair of 5 staples

Gap between: 15 – 20mm top 25 - 30 mm between 2 pairs.

Visual As per IHTM.

Printing Should be neat with no smudging. Should be printed in Black only. Visual As per IHTM.

Identification Should have suppliers Name or logo,

Month & Year of Mfg.Batch No, Serial no, printed on top flap.

Visual As per Contractual spec

CARTON HAS TOP OPENING SO FLAPS SHOULD BE ACCORDINGLY MADE. Note : The grammage mentioned above is the minimum and the grammage can be suitably increased to meet the total substance / weight criteria of cartons.



Ph. No.: (044) 25929403





SEPARATORS FOR 20 x 1 LTR. CARTONS


Size

505 mm X 300 mm+ 3 mm

Scale As per IHTM.

Type

Universal

As per Contractual spec.

No.of Ply

3 Ply


GSM of each ply (minimum)

120GSM X 3 B Grade


No. of Separators

2 Nos

Visual As per IHTM.

Total Substance

64 GMS + 8 % Each.

Weighing balance As per IHTM.

Flute Narrow Flute


Moisture 8 % + 2 % Weighing Balance, Drying oven




Ph. No.: (044) 25929403





SPECIFICATION FOR CARTONS FOR 4 X 3 LITRE HDPE CONTAINERS


Appearance

Smooth, No Scratches Offset printed.

Edges should be neatly cut. Visual As per IHTM.


Pattern of packing Straight in a row. As per Contractual spec. Size 397 X 198 X 294 mm ID + 5mm Scale As per IHTM. Ply 5 PLY CORRUGATED Visual As per Contractual spec.

Grammage

180 GSM Top paper NATURAL SHADE

(+28BF) &140GSM (+22BF) other 4ply.

Weighing balance As per Contractual spec.

Type of Paper Kraft Paper As per Contractual spec. Type of flute Narrow (50 – 56) Flutes/Foot Visual As per Contractual spec. Flute Height. 2.0 - 2.8 mm Vernier Calliper As per IHTM. Direction of Flute Perpendicular to the Base Visual As per Contractual spec. Fluting Media 140 GSM Kraft Paper + 22 BF As per Contractual spec.

Type of Adhesive Starch Gum with Dextrin Base only. As per Contractual spec.

Total Substance 552 gms (+8%) (-5%) Weighing balance As per IHTM.

Bursting Strength 13 Kgs./ cm2 min. Apparatus As per Contractual spec. /IS 1060 - 1987 Part 1/ IHTM

COBB Value (30minutes) 140gms/ cm2 (max) Apparatus As per Contractual spec. /IS

1060 - 1987 Part 1/ IHTM

Moisture Content 6% - 10% Weighing Balance, Drying oven

As per Contractual spec. /IS 1060 - 1987 Part 1/ IHTM

Compression Strength 225 kg. (minimum) Apparatus

Vendor to carry out compression test and report

the values in their Test Report for each batch.

Staples

Galvanized 12Nos & Rustproof Pair of 6 staples

Gap between: 15 - 20mm top 25 – 30 mm between 2 pairs.

Visual As per IHTM.




Visual As per Contractual spec.

A CARTON HAS TOP OPENING SO FLAPS SHOULD BE ACCORDINGLY MADE.



Ph. No.: (044) 25929403





SEPARATORS FOR 4 X 3 LITRE

DESCRIPTION

SPECIFICATION

TEST METHOD REF. FOR INSPECTION

387 X 188 mm ID+ 3 mm

Scale As per IHTM.

Type

Universal


No.of Ply

3 Ply


GSM of each ply

120GSM x 3 B Grade

Weighing balance As per Contractual spec.

No. of Separators

2 Nos

Visual As per IHTM.

Total Substance

29 gms + 8 % each


Flute Narrow Flute Flute on 300 mm side Visual As per Contractual spec.

Moisture 6 % - 10 % Weighing Balance, Drying oven




Ph. No.: (044) 25929403





CARTONS FOR 4 X 3.5 LITRE HDPE CONTAINERS


Appearance




Pattern of packing Straight in a row. As per Contractual spec. Size 429 X 204 X 306 mm ID + 5mm Scale As per IHTM. Ply 5 PLY CORRUGATED As per Contractual spec.

Grammage 180 GSM Top paper (+28BF)

NATURAL SHADE &140GSM (+22BF) other 4ply.


Type of Paper Kraft Paper As per Contractual spec. Type of flute Narrow (50 – 56) Flutes/ Foot Visual As per Contractual spec. Flute Height. 2.0 – 2.8 mm Vernier Calliper As per IHTM.

Direction of Flute Perpendicular to the Base Visual As per Contractual spec.

Fluting Media 140 GSM Kraft Paper +22 BF As per Contractual spec.


Total Substance 604 gms (+8%) (- 5%) Weighing balance As per IHTM.

Bursting Strength 13 Kgs./ cm2 min. Apparatus As per Contractual spec. /IS 1060 - 1987 Part 1/

IHTM

COBB Value (30minutes) 140gms/ cm2 (max) Apparatus

As per Contractual spec. / IS 1060 - 1987 Part 1/

IHTM


As per Contractual spec. / IS 1060 - 1987 Part 1/

IHTM

Compression Strength 225 kg (minimum) Apparatus

Vendor to carry out compression test and

report the values in their Test Report for each batch.

Staples



Visual As per IHTM.





A CARTON HAS TOP OPENING SO FLAPS SHOULD BE ACCORDINGLY, MADE.



Ph. No.: (044) 25929403





SEPARATORS FOR 4 X 3.5 LITRE


Size

419 x 194 mm ID+ 3 mm

Scale As per IHTM.

Type

Universal


No. of Ply

3 Ply


GSM of each ply

120GSM x 3 B Grade


No. of Separators

2 Nos

Visual As per IHTM.

Total Substance

33 gms + 8 % each


Flute

Narrow Flute

Flute on 300 mm side



As per Contractual spec./ IS 1060 - 1987 Part 1/ IHTM



Ph. No.: (044) 25929403





CARTONS FOR 4 X 4 LITRE HDPE CONTAINERS


Appearance




Pattern of packing Straight in a row. As per Contractual spec. Size 461 X 211 X 313 mm ID + 5mm Scale As per IHTM. Ply 5 PLY CORRUGATED As per Contractual spec.

Grammage (Minimum)

180 GSM Top paper (+28BF) PINK SHADE

&140GSM (+22BF) other 4ply. As per Contractual spec.

Type of Paper Kraft Paper As per Contractual spec. Type of flute Narrow (50 - 56) Flutes/Foot Visual As per Contractual spec. Flute Height. 2.0 - 2.8 mm Vernier Calliper As per IHTM. Direction of Flute Perpendicular to the Base Visual As per Contractual spec. Fluting Media 140 GSM Kraft Paper +22 BF As per Contractual spec.


Total Substance 656 gms (+8%) (-5%) Weighing balance. As per IHTM.

Bursting Strength 13 Kgs./cm2 min. Apparatus As per Contractual spec. / IS 1060 - 1987 Part 1/ IHTM

COBB Value (30minutes) 140gms/cm2 (max) Apparatus As per Contractual spec. /

IS 1060 - 1987 Part 1/ IHTM




Vendor to carry out compression test and report

the values in their Test Report for each batch.

Staples

Galvanised 12 Nos & Rustproof Pair of 7 staples


Visual As per IHTM.





A CARTON HAS TOP OPENING SO FLAPS SHOULD BE ACCORDINGLY MADE.



Ph. No.: (044) 25929403





SEPARATORS FOR 4 X 4 LITRE


451 X 201 mm ID+ 3 mm

Scale As per IHTM.

Type

Universal


No. of Ply

3 Ply


GSM of each ply

120GSM X 3 B Grade


No. of Separators

2 NOS

Visual As per IHTM.

Total Substance

36 gms + 8% each


Flute

Narrow Flute







Ph. No.: (044) 25929403





CARTONS FOR 4 X 5 LITRE HDPE CONTAINERS


Appearance


Edges should be neatly cut. Visual As per IHTM


Pattern of packing Straight in a row. As per Contractual spec. Size 517 X 230 X 333 mm ID+ 5 mm Scale As per IHTM Ply 5 PLY CORRUGATED As per Contractual spec.

Grammage 180 GSM Top paper (+28BF)

NATURAL SHADE &140GSM (+22BF) other 4ply.


Type of Paper Kraft Paper As per Contractual spec. Type of flute Narrow (50 - 56) Flutes/Foot Visual As per Contractual spec. Flute Height. 2.0 - 2.8 mm Vernier Calliper As per IHTM


Total Substance 776 gms (+8%) (-5%) Weighing balance As per IHTM

Bursting Strength 13 Kgs./cm2 min. Apparatus As per Contractual spec. / IS 1060 - 1987 Part 1/ IHTM

COBB Value (30minutes) 140gms/cm2 (max) Apparatus As per Contractual spec. /

IS 1060 - 1987 Part 1/ IHTM




Vendor to carry out compression test and report the values in their Test Report for

each batch.

Staples



Visual As per IHTM

Printing Should be neat with no smudging. Should be printed in Black only. Visual As per IHTM

Identification Should have suppliers Name or logo, Month & Year of Mfg.Batch No, Serial

no, printed on top flap. Visual As per Contractual spec.

CARTON HAS TOP OPENING SO FLAPS SHOULD BE ACCORDINGLY, MADE.



Ph. No.: (044) 25929403





SEPARATORS FOR 4 x 5 LITRE


Size

507 X 220 mm+ 3 mm

Scale As per IHTM.

Type

Universal


No. of Ply

3 Ply


GSM of each ply

120GSM X 3 B Grade


No. of Separators

2 Nos

Visual As per IHTM.

Total Substance

45 GMS + 8 % each


Flute

Narrow Flute







Ph. No.: (044) 25929403





ANNEXURE- I

DETAILS OF TENDERER

Name of the Tenderer

Whether Sole Proprietor/ Partnership/ Pvt. Ltd. Co. or Public Ltd. Co.

Address of the Registered Office

Address of the Branch /Office Quoting against the Tender

Address of the Factory

Name & address of the Proprietors / Partners / Directors:

Year of Establishment/ Registration & Date

Registration No. 1. Under Co’s Act 2. Small Scale Industries 3. DGTD

Year of commencement / Production of item quoted For

Capital Investment Rs. ____________ Turnover for last 3 years. Rs. ___________ Rs. ___________ Rs. ___________

No. of persons Employed Office : Factory:

Range of Products

(A) Production facilities available: 1. Installed capacity } 2. Power availability } 3. Machinery available (as per attached format)}Give details in separate sheet 4. Allied machinery available } 5. Raw material available and source thereof. } (B) Credentials (to be furnished with the offer) 1. List of supplies of similar items. 2. Clients’ certificates for satisfactory completion of above.



Ph. No.: (044) 25929403





ANNEXURE-II

DETAILS OF RELATIONSHIP WITH IOCL’S DIRECTORS ETC.

Tenderers should furnish following details in the appropriate part based on their organizational structure. Organizational Structure Part of the form applicable Sole Trader ......... PART – A

Partnership ......... PART – B

Company Private/Public ......... PART – C

PART-A

(APPLICABLE WHERE TENDERER IS SOLE PROPRIETOR)

1. Name of Tenderer : 2. Address : Residence Office 3. State whether tenderer is related to any Director/(s) : Yes/No * of the Indian Oil Corporation Limited. 4. If `Yes’ to 3, State the name of IOCL’s Director & Tenderer’s relationship with him /her. * Strike - out whichever is not applicable.



Ph. No.: (044) 25929403





PART - B

(APPLICABLE WHERE THE TENDERER IS A PARTNERSHIP FIRM)

1. Name of the Partnership firm : responding to the tender 2. Address : 3. Name of Partners : 4. State whether any of the partners : Yes / No * is a Director to the Indian Oil Corporation Limited. 5. If `Yes’ to 4, State the name(s) of : IOCL’s Director. 6. State whether any of the partners : Yes / No * is related to any of the Director(s) of the Indian Oil Corporation Limited. 7. If `Yes’ to 6 State the name(s) : of IOCL’s Director & the concerned partner’s relationship with him/her. * Strikeout whichever is not applicable.



Ph. No.: (044) 25929403





PART - C

(APPLICATION WHERE THE TENDERER IS A PUBLIC/PRIVATE LTD. CO.)

1. Name of the Company responding : to the tender 2. Address of : (a) Registered Office: (b) Principal Office : 3. State whether the Company is Pvt. : Ltd. Co. or Public Ltd. Co. 4. Name of Directors of the Company : 5. State whether any of the Directors : Yes/No * of the Tenderer Company is a Director of Indian Oil Corporation Limited. 6. If `Yes’ to (5), State the name(s) : of IOCL’s Director. 7. State whether any of the Director of the : Tenderer Company is related to any of the Director’s of the Indian Oil Corporation Limited. 8. If `Yes’ to (7), State the name(s) of : IOCL’s Director & the concerned Director’s (of the tenderer Co.) relationship with him/her. * Strikeout whichever is not applicable.



Ph. No.: (044) 25929403





ANNEXURE - III

DELCLARATION OF BLACK LISTING / HOLIDAY LISTING In the case of a Proprietary Concern : I here by declare that neither I in my personal name or in the name of my Proprietary concern M/s.____________________________________ which is submitting the accompanying Bid / Tender nor any other concern in which I am proprietor nor in any partnership firm in which I am involved as a Managing Partner nor any company in which I am a promoter or a Director or having controlling stake with minimum 26% share holding have been placed on black list or holiday list declared by Indian Oil Corporation Ltd. or its Administrative Ministry, (presently the Ministry of Petroleum & Natural Gas), except as indicated below : ( Here given particulars of blacklisting or holiday listing, and in absence thereof state “ NIL”) In the case of a Partnership Firm : We hereby declare that neither we, M/s.__________________Submitting the accompanying Bid / Tender nor any partner involved in the management of the said firm either in his individual capacity or as proprietor or managing partner of any firm or concern or as a promoter or Director or having controlling stake with minimum 26% share holding of any company have or has been placed on blacklist or holiday list declared by Indian Oil Corporation Ltd. or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas), except as indicated below : ( Here given particulars of blacklisting or holiday listing and in the absence thereof state “ NIL”) In the case of Company : We hereby declare that we have not been placed on any holiday list or black list declared by Indian Oil Corporation Ltd or its Administrative Ministry ( presently the Ministry of Petroleum & Natural Gas), except as indicated below : ( Here give particulars of black listing or holiday listing and in the absence thereof state “NIL”) It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation Ltd. or its Administrative Ministry, shall have the right to reject my / our bid, and if the bid has resulted in a contract, the contract is liable to be terminated



Ph. No.: (044) 25929403





ANNEXURE-IV

INDEMNITY BOND FOR LOST DEPOSIT RECEIPT

WHEREAS DEPOSIT RECEIPT NO........................... dated ................. for Rs..................... issued by Indian Oil Corporation Limited in favour of the undersigned as Earnest Money Deposit for due fulfillment of our obligations under the Tender No....................... in respect of ...................... has been mislead or lost by us and the same is not traceable in spite of due and diligent search made by us for the same AND WHEREAS Indian Oil Corporation Limited have at our request and entirely agreed to refund to us the amount recovered by the said DEPOSIT RECEIPT on our executing these presents in the manner hereinafter appearing NOW KNOW YE AND THESE PRESENTS WITNESS that we, THE UNDERSIGNED (name and address).............................................................................................. for ourselves and our heirs execution and administrators and our assigns do hereby agree covenant and undertake to Indian Oil Corporation Limited and its successors and assigns fully and effectively indemnified and keep Indian Oil Corporation Limited and its, successors and assigns fully and effectively indemnified against all claims action and demands, losses and damages and costs charges and expenses respectively that they and their successors and assigns might suffer and be put to by reasons of refunding to us the under signed the sum covered by the said DEPOSIT RECEIPT and we our heirs executors and administrators and our successors and assigns hereby record having agreed to reimburse Indian Oil Corporation Limited, the amount of all claims, losses, damages cost charges and expenses suffered by them in the premises aforesaid. IN WITNESS WHEREOF we the undersigned have hereto set and subscribe our signature the day and year first herein above written.

Signature of the Executor. Witness:

1) Name & Addess.

2) Name & Address.



Ph. No.: (044) 25929403





ANNEXURE-V

BANK GUARANTEE (SPECIMEN)

FOR SECURITY DEPOSIT (ON Rs. 200/- STAMP PAPER)

1. In consideration of the INDIAN OIL CORPORATION LIMITED, having its Registered Office at G-9, Ali Yavar Jung Marg, Bandra (East), MUMBAI- 400 051 (hereafter called “the Corporation”) having agreed to exempt M/s ..............……………………………………..having its office at ……………………………………………………………………………....(here inafter called “the said Contractor” / “the said Supplier” / “the said Sellers” / “the said Buyers”) from the demand under the terms and conditions of an Agreement / Purchase Order / Work Order/Contract “ No…………………………………………………........................ dated.................. made between the Corporation and ......................................…………....... (hereinafter called “the said Agreement”/ “ the said Purchase Order” / the said Work Order” / “ the Said Contract “ ), of Security Deposit for the due fulfillment by “the said Contractors” / “the said Suppliers” / “the said Sellers” / ‘the said Buyers” of the terms and conditions contained in the said Agreement / Purchase Order / Work Order / Contract”, on production of a Bank Guarantee of Rs…….........…… (Rs..................................................... only). We, .........................………………..................... hereinafter referred to as “the Bank” (at the request of ............…………………............. (Contractors / Suppliers / Sellers / Buyers*) do hereby undertake to pay to the Corporation an amount not exceeding Rs………........... against any loss or damage caused to or suffered or would be caused to or suffered by the Corporation by Reason of any breach by the said Contractors / Suppliers/ Sellers / Buyers* of any of the terms of conditions contained in the said Agreement / Purchase Order / Work Order / Contract. 2. We....................………………………………...... (indicate name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Corporation stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Corporation by reason of breach by the said Contractors/Suppliers/Sellers/Buyers* of any of the terms or conditions contained in the said Agreement / Work Order/Contract* or by reason of the Contractors/Suppliers/Sellers/Buyers* failure to perform the said Agreement/Purchase Order/Work Order /Contract*. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs................................ .

3. We undertake to pay to the Corporation any money so demanded not withstanding any disputes raised by the Contractors/Suppliers/Sellers/Buyers* in any suit or proceeding pending before any court of Tribunal or Arbitrator relating thereto our liability under this present being absolute and unequivocal.



Ph. No.: (044) 25929403





The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the Contractors/Suppliers/Sellers* shall have no claim against us for making such payment. 4. We,..………………………………….............. (indicate name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement/Purchase Order/Work Order/Contract* and that it shall continue to be enforceable till all the dues of the Corporation under or by virtue of the said Agreement/Purchase Order/Work Order/Contract* have been fully paid and its claims satisfied or discharged or till the Corporation Certifies that the terms and conditions of the said Agreement/Purchase Order/Work Order/Contract* have been fully and properly carried out by the said Contractors/Suppliers/Sellers/Buyers* and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before…………………………...........we shall be discharged from all liability under this guarantee thereafter.

5. We,............……………………........ (indicate name of the Bank) further agree with the Corporation that the Corporation shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement/Purchase Order/Work Order/Contract* or to extend time of performance by the said Contractors/Suppliers/Sellers/Buyers* from time to time or to postpone for any time or from time to time any of the powers excercisable by the Corporation against the said Contractors/Suppliers/Sellers/Buyers and to forebear or enforce any of the terms and conditions relating to the said Agreement/Purchase Order/Work Order/Contract* and shall not be relieved from our liability by reasons of any such variation, or extension being granted to the said Contractors/Suppliers/Sellers/Buyers* or for any forbearance act or omission on the part of the Corporation or any indulgence by the Corporation to the said Contractors/Suppliers/Sellers/Buyers* or by any such matter or thing whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us.

6. This guarantee, will not be discharged due to the change in the constitution of the Bank or the Contractor/Suppliers/Sellers/Buyers*.

6. We,.............………………. (indicate name of the Bank) lastly undertake not to revoke this guarantee its currency except with previous consent of the Corporation in writing. Dated the........................... day of .......... 20 FOR........................................................................ (indicate the name and address of the Bank) Strikeout words not applicable.



Ph. No.: (044) 25929403





INDIAN OIL CORPORATION LIMITED

(MARKETING DIVISION) LUBE BLENDING PLANT , CHENNAI

LUBE MATERIALS DEPARTMENT AFFIX Rs. 200/- ADHESIVE STAMP HERE

Articles of agreement made at MUMBAI this _______________day of_____________ Two Thousand and ___________ between the INDIAN OIL CORPORATION LTD., a Corporation incorporated under the Indian Companies Act 1,1956, being an undertaking of the Government of India and having its Registered office at Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbal - 400 051 hereinafter referred to as ‘The Corporation” of the One part and M/s____________________________________ sole Trader/s Partnership Firm / Private / Public Ltd. Co. registered under the Indian Partnership Act of 1932 / Companies Act 1,1956 and having its office at_________________________________________________________________ hereinafter called “The Seller’ which expression shall be deemed to include the seller’s successors (approved by the Corporation), representative, heirs, executors and administrators on the other part. WHEREAS the Corporation is desirous of obtaining certain Materials specified in the attached Schedule and/or Purchase Orders and WHEREAS the sellers have agreed with the Corporation for the supply of the said stores specified in the said schedule upon certain terms and conditions hereinafter provided and WHEREAS the parties are desirous of reducing to writing the terms and conditions of the contracts on which the sellers have agreed with the Corporation for the supply of the said Materials, NOW IT IS HEREBY AGREED by and between the parties hereto as under: 1. MATERIALS TO BE SUPPLIED:

The sellers shall duly supply the said Materials as per description, quantity and rates specified in the schedule and/or purchase orders placed by. the Corporation from time to time and in all respects in accordance with the specification designs, drawings and instructions in writing referred to in schedule and / or said Purchase Orders.

2. MANNER & PERIOD IN WHICH THE MATERIALS ARE TO BE SUPPLIED:

The sellers agree and undertake to supply the materials set forth in the schedules/purchase order No._____________________________________ dated________________ and subsequent amendments if any, issued thereto from time to time. The said materials being goods of merchantable quality shall throughout the stipulated period of the contract be supplied with the due diligence, promptness,



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care and accuracy and in a workman like manner to the satisfaction of the Corporation and in accordance with the said specification, designs, drawings and instructions on or before the due date as per the monthly schedule, time being the essence of the contract on the part of the sellers.

3. INSPECTION OF SUPPLIES:

The Corporation through its authorised representative reserves the right to inspect periodically during the manufacture or before delivery, all materials and workmanship for the acceptance of quality and efficiency. The said representative will be sole judge thereof. If at any time, during the progress of any particular portion of manufacture or before delivery, materials are found to be unsatisfactory, the Corporation shall be entitled to take action under clauses of the Corporation’s Tender Conditions after giving the Sellers 15 days notice in writing as considered appropriate and the sellers will have no claim for compensation for any loss sustained by them owing to such action. All materials under or in course of execution or executed in pursuance of this contract, shall at all times be open to the inspection and supervision of the Corporation and their authorised representative/Agents. The sellers shall at all time, during usual working hours and at all other times after having received reasonable notice, allow the Corporation and their authorised representative and agents to visit the contractor’s premises and carry out the necessary orders and instructions.

4. PAYMENT:

The Corporation shall pay to the Sellers in respect of said materials mentioned in the Purchase Orders on the basis of the rates specified in the said Purchase Orders.

5. SECURITY DEPOSIT: Within two weeks from the date of placement of. Purchase Order by the corporation, the Seller will have to deposit with the Corporation a sum equivalent to 5% of the value of the contract subject to a maximum of Rs.1,00,000/- as Security Deposit in any one of the following manner

a) Pay Order/Demand Draft of Scheduled/Nationalised Banks on which no interest will be allowed. CHEQUE, FDR & TDR towards S.D. will not be accepted.

c) Guarantee Bonds executed by Nationalised/Scheduled Banks valid for period of completion plus 6 months. If the suppliers desire to pay the Security Deposit by way of Bank Guarantee, they should submit Bank Guarantee for the full amount before commencement of supply. The Bank Guarantee should be directly sent to IOC by the Bankers under their covering letter. No Bank Guarantee will be accepted for Security Deposit of value less than Rs.25, 000/-



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SECURITY DEPOSIT WILL NOT CARRY ANY INTEREST. Separate security deposit will be payable against each order.

Corporation shall be entitled, without being bound to do so, to adjust the whole or any portion of the Security Deposit towards the recovery of any amount due to us from the Tenderer. The Security Deposit or such portion thereof as has not been adjusted towards the recovery of amounts due from the tenderer to us will be refunded to the Tenderer. Security Deposit will be refunded within 6 months of the satisfactory completion of the contract and after the deposit receipt is duly discharged and returned to IOC.

6. RISK PURCHASE:

In case the seller fails to deliver the quantity as stipulated in the delivery schedule of purchase order/contract, Corporation reserves the right to procure the same or similar materials from alternative sources at the risk, cost and responsibility of the seller.

7. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY:

The Sellers hereby agree to pay to the Corporation by way of liquidated damages, and not as penalty an amount equal to ½ % (one half percent) of the contracted price of the materials so delayed for each week of such delay in delivery subject to a maximum of 15% (as applicable) of such price.

8. SUB – LETTING OF CONTRACT :

The seller shall not sub-let or assign this contract or any part thereof without the written permission of the Corporation. In the event of the Seller’s sub-letting or assigning this contract or any part thereof without such permission, the Corporation shall be entitled to cancel the contract and to purchase the materials elsewhere on the Seller’s account and risk and the Seller shall be liable for any loss or damage which the Corporation may sustain in consequence of or arising out of such purchase.

9. INSPECTION AND REPLACEMENT: Corporation shall at all times be entitled to employ an Inspector or Inspectors (including Inspectors of 3rd party agencies) of Corporations selection at the factory or other premises of the Seller where the said materials are manufactured and such Inspector or Inspectors shall have free access to all parts of the factory or premises where the said materials are being manufactured and to inspect and test the same and Corporation shall have the right whenever it appears from such inspection or otherwise that the Seller is not able to produce or may fail to produce the materials



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complying in all respects with specifications to direct such changes in methods as may be necessary to secure production of the said materials complying within our specifications. Prior inspection/ISI marking on the materials does not prejudice Corporation’s right to demand repair/replacement of defective materials.

10. FORCE MAJEURE CLAUSE:

If at any time during the continuance of the Purchase Order the performance in whole or in part by either party of any obligation under this purchase order shall be prevented or delayed by reason of any war, hostility, act of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or acts of God (hereinafter referred as event) then provided notice of the happening of any such event if given by either party to the other within 21 days from the date of occurrences thereof, neither party shall by reason of such event be entitled to terminate the contract nor shall either party have any claim for damage against, the other in respect of such non-performance. Deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of the Director (Marketing) of the Corporation as to whether the deliveries have been so resumed or not shall be final and conclusive. Provided further that where the performance in whole. or part of any obligation under the contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may at its option terminate the contract.

11. CANCELLATION: Corporation reserves the right to terminate the contract without assigning any reason

and without liability to pay any compensation upon giving 3 months notice in writing and upon expiry of the said notice the agreement shall stand automatically terminated and expire, but without prejudice to the rights of the Corporation in respect of any matter or thing or acts or omissions antecedent of such termination.

Notwithstanding anything to the contrary herein contained, the Corporation shall be at liberty to terminate this Agreement forthwith upon or at any time after the happening of any of the following events, namely

a) If the Seller shall commit a breach of any of the covenants and stipulations

contained in the Agreement, and fails to remedy such breach within four days of the receipt of a written notice from the Corporation in that regard.

b) Upon (i) the death or adjudication as insolvent of the Seller, if he be an individual; (ii) the dissolution of the partnership of the Seller’s firm or the death or adjudication

as insolvent of any partner of the firm, if the Seller be a firm; (iii) the liquidation, whether voluntary or otherwise or the passing of an effective



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resolution for winding up, if the Seller be a Company or Co-operative Society; c) If any attachment is levied and continues to be levied for a period of seven days

upon the effects of the Seller or any individual partner for the time being of the Seller’s firm.

d) If the Seller or any partner in the Seller’s firm hereunder shall be convicted of a criminal offence. If a Receiver shall be appointed of any property or assets of the Seller or of any partner in the Seller’s firm.

e) If the Seller shall either by himself or by his servants or Agents commit or suffer to be committed any act which in the opinion of the Corporation, whose decision shall be final and prejudicial to the interest or good name of the Corporation or its products; the Corporation shall not be bound to give reasons for such decision.

f) If any information/particulars given by the Seller in the tender documents shall be found to be untrue or incorrect in any material respect.

g) If the Seller does not adhere to the instructions which may be issued from time to time by the Corporation in connection with the manufacture of materials.

The Corporation’s right to terminate this Agreement under the terms of this clause shall be without prejudice to any of its other rights and remedies against the Seller. In the event of the Corporation terminating this Agreement under the provision of this clause, it shall not be liable to pay for any loss or compensation in respect of such termination.

12. PROHIBITION OF ENGAGEMENT OF CHILD LABOUR :

The successful tenderer has submitted duly signed declaration dated ___________ in line with tender condition titled “Prohibition of Engagement of Child Labour”, confirming that they are not engaging any Child Labour, as per various labour laws applicable to them.

In case it is found at a later date that the declaration made by successful supplier / entity is false corporation has right to terminate its purchase order / contract forthwith.

13.ARBITRATION

All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of an officer of the corporation to be nominated by the Director (Marketing) of the Corporation. The arbitrator to whom the matter is originally referred by the Director (Marketing), on his being transferred or vacating his office or being unable to act, for any reason, the such Director (Marketing) may designate any other officer to act as arbitrator. It is also the express term of this agreement that no person other than the officer designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the



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Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.

The parties hereby agree that the court in city of…………..alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitration or other proceedings in respect of any thing arising under this Agreement.

14. AGREEMENT:

This agreement is subject to the General Conditions of contract in so far as the same is not inconsistent with or repugnant to the above clauses. A copy of the General Conditions would be deemed to have been studied and agreed to by the Contractors before their signing this agreement.

This agreement is subject to the special conditions stipulated in our schedule and / or Purchase Order No. _______________________dated _____________ and subsequent amendments, if any, issued from time to time.

End: as above. SIGNATURE OF (SELLER) SIGNATURE OF CORPORATION WITNESS WITNESS



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INDIAN OIL CORPORATION LIMIITED (MARKETING DIVISION)

LUBE BLENDING PLANT , CHENNAI LUBE MATERIALS DEPARTMENT

GENERAL CONDITIONS OF CONTRACT FOR SUPPLY OF MATERIALS 1. Throughout these conditions and in the specification (if and) hereto annexed the terms

a) “The Purchaser” means INDIAN OIL CORPORATION LTD. (MARKETING DIVISION).

b) “The Indentor” means any Officer authorised by the Purchaser to order Materials.

c) “The Inspecting Officer” means the person, firm, department nominated by the

purchaser to inspect the materials on his behalf and the deputies of the Inspecting officer so nominated.

d) “The Seller” means the person, firm or company with whom the order for supply

of materials is placed and shall be deemed to include the seller’s successors, representatives, heirs, executors, and administrators duly approved by the Purchaser.

e) “Sub-Contractor” means any person, firm or company from whom the seller may

obtain any materials or fittings to be used in the supply or manufacture of the materials.

f) “Drawings” means the drawings exhibited or provided for the guidance of the

seller. 2. PURPOSE OF CONTRACT AND PARTIES TO THE CONTRACT

This contract is for the supply of materials of the description in the quantities set forth in the purchase order and/or schedule to the purchase order. Except as hereby otherwise provided, a verbal or written arrangement abandoning, varying or supplementing this contract or any of the terms hereof, shall not be binding on the purchaser unless or until the same is endorsed on the contract or incorporated in a formal agreement and signed by the parties hereto and till then the purchaser shall have the right to repudiate such arrangement.



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3. PERIOD OF CONTRACT

The contract awarded against this tender will be valid for a period of 6 months. However, if 100% quantity is not completed within 6 months, the contract period is further extendable for another three more months or till completion, whichever is earlier at the discretion of the Corporation. Even after that, spill over quantity if any, can be drawn by the corporation with mutual consent.

4. EXCISE DUTY:

Excise duty will be reimbursed at actuals as on the date of delivery. Invoices should reflect all details necessary or otherwise be complete in all respects to enable the buyer to claim MODVAT credit, as applicable.

5. OCTROI:

Octroi / Entry tax, if any, will be reimbursed by the Corporation at actuals as applicable on the date of delivery against production of proof of payment.

6. SALES TAX:

The rate of sales tax payable will be as applicable at the time of delivery. Payment is subject to the condition and the Seller’s written undertaking that the same is statutorily payable by the Seller to the Government and actually will be paid to the Government.

7. TURNOVER TAX :

Turnover tax extra as applicable. Payment is subject to the condition and the Seller’s written undertaking that the same is statutorily payable by the Seller to the Government and actually will be paid to the Government.

8. DELIVERY:

The, Seller shall, as may be required by the Purchaser, either deliver free or F.O.R. or C.I.F. or as mentioned in purchase order/contract, at the place/places detailed in purchase order or schedule thereto the quantities of materials detailed therein and the same shall be delivered or dispatched not later than the dates specified in the Purchase Order/Schedule.

9. TIME FOR A DATE OF DELIVERY/DESPATCH. THE ESSENCE OF THE CONTRACT:

The time given for delivery/despatch shall commence from the date of purchase order/contract by the seller.



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The time for and the date of delivery / despatch stipulated in the said purchase order/contract for the delivery or despatch of materials shall be deemed to be the essence of the contract and should seller fail to deliver / despatch the same within the scheduled delivery period the purchaser shall be entitled to withhold the payment if necessary until the quantity against the order has been supplied and also to recover from the seller liquidated damages as stipulated in the Agreement. Alternatively at the option of the Purchaser, the purchaser shall be entitled to purchase from elsewhere on the account and at the risk of the Seller, the materials thereof which the Seller has failed to deliver/despatch as aforesaid or if not available the best and nearest available substitute thereof, and / or to cancel the contract and the Seller shall be liable, for any loss or damage which the Purchaser may sustain by reasons of such failure on the part of the Seller.

10. EXTENSION OF TIME FOR DELIVERY: If such failure as aforesaid shall have arisen from any cause which the Purchaser may admit as reasonable ground for extension of time, the Purchaser will allow such additional time as he considers to be justified by the circumstances of the case and shall forego the whole or such part as he may consider reasonable of his claim for such loss or damage as aforesaid and the decision thereon shall be final provided that the Purchaser shall under such circumstances, have the option of terminating the contract instead of allowing time and in that case no damages shall be claimable by the Seller from the Purchaser.

11. DRAWING SPECIFICATIONS AND PATTERNS:

When tenders are called for in accordance with drawings, specification or sealed pattern the Seller’s tenders to supply in accordance with such drawings, specification or sealed pattern shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and in no circumstances will any claim on his part which may arise on account of his insufficient examination of the said drawings, specification or sealed pattern, be considered. If any dimensions figured upon a drawing, differ from those obtained by scaling the drawing, the dimensions as figured upon the drawing shall be taken as correct.

12. CHARGES FOR WORK NECESSARY FOR COMPLETION OF CONTRACT:

The seller shall pay all charges for handling, stamping, painting, marking, protecting or preserving patent rights, drawings, pamphlets, models and gauges and for all such measures as the Purchaser may deem necessary for the proper completion of the contract, though special provision therefore may not be made in specification of drawings.



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13. EXECUTION OF THE CONTRACT:

The whole contract is to be executed in the most approved and workman like manner to the entire satisfaction of the Purchaser or his deputed representative who has power to reject any of the materials of which he may disapprove and his decision thereon and on any question as to the true intent and meaning of the specification or drawings, or of the work necessary for the proper completion of the contract shall be final and conclusive.

14. SELLER RESPONSIBILITY:

The Seller is to be entirely responsible for the execution of the contract in all respects in accordance with the terms and conditions as specified in the acceptance of Tender and the Schedule annexed thereto. Any approval which the Purchaser or his authorised representative may have given in respect of the materials or other particulars and the work or the workmanship involved in the contract (whether with or without tests carried out by the Seller or the Purchaser’s representative) shall not be binding on the Purchaser and notwithstanding any approval or acceptance by the Purchaser’s representative it shall be lawful for the Consignee on behalf of the Purchaser to reject the materials on arrival at destination if it is found that the goods supplied by the Seller are not in conformity with the terms and conditions of the contract in all respects.

15. INDEMNITY:

The Seller shall at all times indemnify the Purchaser against all claim which may be made in respect of the said materials for infringement of any right protected by the Patent, Registration of design or trade mark provided always that in the event of any claim in respect of any alleged breach of a patent, Registered design or Trade Mark being made against the Purchaser, he shall notify the seller of the same, and the seller shall be at liberty, but at his own expenses, to conduct negotiations for settlement of any litigation that may arise therefrom.

16. NOTIFICATION OF DELIVERY OR DESPATCH:

Notification of delivery/despatch on the Purchaser’s standard despatch advice in regard to each and every consignment shall be made to the consignee and to the Purchaser immediately upon despatch or delivery. The Seller shall further supply to the Purchaser a priced invoice in quadruplicate and packing account to the Consignee of all material delivered/despatched. All packages, containers, bundles and loose materials forming part of each and every consignment shall be described fully in the packing account and full details of contents of packages and quantity of materials shall be given to enable the Consignee to check the stores on arrival at destination.



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17. TRANSIT RISK:

Since the Sellers will be responsible for coordinating despatches by Rail/Road they shall be responsible for material found damaged/defective/short received at the receiving end. It may be noted that in case of rail despatches only necessary claim will be lodged by Purchaser wherever possible.

In case Seller sends a qualified R/R such as “Said to Contain” “Loading not supervised by Railway” etc. shortage or damage, if any, observed on receipts of materials will be borne by Seller. Similarly, where RR’s are not received in time the demurrage charges and warehouse and any other charges, if any, paid to the Railways will be to Seller’s account.

18. PAYMENT:

Full payment shall be made normally within 30 days from the date of receipt of Invoice against the order supported by receipted delivery challans by Lube Complex, Trombay or the respective Plants.

19. CLAIMS:

The Purchaser shall be entitled to retain the amount of any claim of the Purchaser against the Seller whether liquidated or unliquidated arising out of the Contract under reference, or otherwise however, and set off the same protanto against amount payable to the Seller in the contract under reference or otherwise however without prejudice to and in addition to the other rights of the Purchaser to recover the amount of any claim as aforesaid.

20. ILLEGAL GRATIFICATION:

Any bribe, commission, gift or advantage given, promised or offered by the Seller or by anybody on his behalf, to the Purchaser or any person on his behalf whether friend or relative, in relation to obtaining or execution of this particular or any other contract/s With Purchaser or for showing favour or disfavour to any person in relation to this particular or any other contract/s as aforesaid shall subject the seller to the cancellation of the particular and/or any other or all contracts entered into with them by the Purchaser and also to payment of any loss or damage resulting from any such cancellation to the like extent provided in the Agreement. Any dispute or difference of opinion arising in respect of either the interpretation effect or application of this particular condition of the contract or of the amount recoverable hereunder from the Seller shall be decided by the Director (Marketing) of the Indian Oil Corporation Limited and his decision shall be final and conclusive.



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21. LAW GOVERNING THE CONTRACT: This contract shall be governed by the Law of India from time to time in force. 22. MARGINAL HEADINGS: -

The marginal headings of conditions here to shall not affect the construction thereof.

23. ARBITRATION:

All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of an officer of the corporation to be nominated by the Director (Marketing) of the Corporation. The arbitrator to whom the matter is originally referred by the Director (Marketing), on his being transferred or vacating his office or being unable to act, for any reason, the such Director (Marketing) may designate any other officer to act as arbitrator. It is also the express term of this agreement that no person other than the officer designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause. The parties hereby agree that the court in city of…………..alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitration or other proceedings in respect of any thing arising under this Agreement.

24. POWERS:

All powers reserved under the above condition shall be exercised by the Director (Marketing), INDIAN OIL CORPORATION LIMITED.