ORDNANCE FACTORY MEDAK OFMK/QF/PUR-01/5

PHONE:040-23283000 SUPPLY ORDER ORIGINAL FAX :08455-239074 REGD A/D MAIL :rawmaterials.ofmk@ofb.gov.in

GOVERNMENT OF INDIA MINISTRY OF DEFENCE ORDNANCE FACTORY MEDAK YEDD ILARAM MEDAK(DIST) PIN . 502 205

MALIK ELECTROMECHANICAL INDUST 5D, INDUSTRIAL AREA GOVINDPURA BHOPAL

PIN :462023

SUPPLY ORDER NO : OFMK/RM /F302616 SUPPLY ORDER DT : 20/07/2016

TENDER ENQUIRY NO:OFMK/ RM / F 404014 TENDER ENQUIRY DT : 20/07/2016

QUOTATION NO.: 4395830 DATE : 01/04/2018 — 2 AND SUBSEQUENT LETTERS AND CLARIFICATIONS

SUPPLIER CODE : MEI0016

PLANNING : MP PURCHASE : RM

DEAR SIRS, ON BEHALF OF THE PRESIDENT OF INDIA, THE SUBJECT ORDER IS PLACED ON

YOU FOR SUPPLY OF THE STORES AS PER SCHEDULE OF ITEMS IN ANNEXURE-I AND THE TERMS AND CONDITIONS INDICATED HEREIN. SUPPLY MUST CONFORM TO RELEVANT PRODUCT 411 SPECIFICATION & DRAWINGS DULY ACCEPTED IN INSPECTION. PLEASE ACKNOWLEDGE THE RECEIPT OF THIS S.0 IN THE PROFORMA GIVEN.

PEP..:ORMANCE SECURITY DEPOSIT : 470940.

(i) TIME IS THE ESSENCE OF THE CONTRACT AS PER SEC.55 OF INDIAN CONTRACT ACT, 1872 AND THE CONTRACT IS LIABLE FOR CANCELLATION AFTER DP.

a

(ii) PURCHASER RESERVES THE RIGHT TO LEVY LIQUIDATED DAMAGES IF THE SUPPLIER INTENDS TO SUPPLY THE MATERIAL AFTER ORIGINAL DP AND IN NO CASE THE SUPPLIER SUPPLY THE MATERIAL WITHOUT VALID DP.EXTENSION -

(iii) LIQUIDATED DAMAGES : IN THE EVENT OF DELAYEDDELIVERY OF STORES BY THE SUPPLIER, THE PURCHASER IS ENTITLED TO RECOVER LD @0.5% PER WEEK OR PART THEREOF OF THE COST OF STORES DELAYED TO COMPENSATE FOR THE DELAY IN USE OF STORES SUBJECT TO A MAXIMUM OF 10% OF TOTAL •COST OF DELAYED SUPPLIES. THE TOTAL COST INCLUDES TAXES AND DUTIES.

DENIAL : DENIAL OF INCREASE IN PRICE, TAXES, DUTIES ETC. TAKING PLACE

410 CLAUSE

DURING THE EXTENDED PERIOD.

F.O.R : OFMK CONSIGNEE : THE GENERAL MANAGER, ORDNANCE FACTORY PROJECT,MEDAK, YEDDUMAILARAM' CAUTION : PLEASE NOTE THAT CONSIGNMENT IS NOT TO BE BOOKED TO MEDAK OR

AKKANPETA. IT SHALL BE BOOKED ONLY TO SEC/HYD OR AS DOOR DELIVERY' AT OFMK, YEDDUMAILARAM.

COMMON TAXES : ERECTION/

:NIL FREIGHT CHARGES : NIL

INSTALLATION CHARGES DESIGN CHARGES : NIL

TURN OVER CHARGES:NIL INCOME TAX DEPOT CHARGES

: NIL : NIL

000019 ■.■

--02-- SUPPLY ORDER NO. :OFMK/RM/F302616 DT 20/07/2016

INSPECTION : THE GENERAL MANAGER ORDNANCE FACTORY YEDDUMAILARAM (MEDAK) AUTHORITY OR HIS AUTHORISED REPRESENTATIVE AND INSPECTION IS AT

ORDNANCE FACTORY MEDAK, YEDDUMAILARAM.

INSPECTION : - DO - OFFICER

G.M RESERVES THE RIGHT TO CHANGE THE INSPECTION AGENCY TO SUIT THE CONVENIENCE OF THE FACTORY AND IN THE INTEREST OF STATE.

MODE OF : THE STORES SHALL BE DELIVERED FREE AT ORDNANCE FACTORY DESPATCH YEDDUMAILARAM.

TERMS OF A) ALL PAYMENTS WILL BE MADE DIRECTLY TO YOUR BANK ACCOUNT E-PAYMENT ONLY AND IT IS REQUESTED TO FURNISH THE FOLLOWING PARTICULARS FOR MAKING E-PAYMENT 1) BANK NAME AND ADDRESS 2)YOUR BANK ACCOUNT NO. 3) BANK'S MICR/RTGS/NEFT NO. FIRM MAY NOTE THAT NO CHEQUE PAYMENTS WILL BE MADE .

B)THE BILLS SHOULD BE SUBMITTED IN OUR PRESCRIBED PROFORMA • IN DUPLICATE SIGNED ON REVENUE STAMPS ALONG WITH SALES TAX CERTIFICATE,EXCISE DUTY GATE PASS INDICATING CLEARLY SL.NO ., L.F. NO.,DESCRIPTION OF THE STORES & SUPPLIER CODE AS GIVEN IN S.O. THEN ORIGINAL COPY OF SUPPLY ORDER IS TO BE SUBMITTED ALONG WITH FINAL CLAIM.

C)100% PAYMENT WILL BE MADE WITHIN 30 DAYS FROM THE DATE OF ACCEPTENCE OF MATERIAL AT OFMK.

D)RATES OF SALES TAX PREVAILING DURING SUPPLY OF THE ORDERED MATERIAL SHOULD BE ENDORSED ON THE BILL WHILE SUBMITTING FOR PAYMENT. THE FIRM SHOULD CERTIFY IN THE BILL THAT THEY WILL RETURN THE SALES TAX EXCESS PAYMENT MADE BY THE PURCHASER IF ANY.

E)PAYMENT FOR THE PART QUANTITY SUPPLIES OF STORES ALSO WILL BE MADE TO THE SUPPLIER IN ACCORDANCE WITH THE PROCEDURE ABOVE IF SUPPLIED WITHIN D.P.

F)IF BILLS ARE NOT CLAIMED WITHIN A PERIOD OF 3 YEARS FROM THE DATE OF LAST SUPPLY, NO CLAIMS CAN BE ENTERTAINED.

OPTION CLAUSE: GM/OFMK WILL HAVE AN OPTION TO INCREASE THE SUPPLY ORDER QUANTITY UPTO 50% BEFORE THE COMPLETION OF SUPPLY ORDER QUANTITY AND THE FIRM SHOULD SUPPLY AT THE SAME PRICE.

III ARBITRATION CLAUSE :AS PER ENCLOSURE. FOR ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT DGS&D-68(REVISED) WILL BE APPLICABLE

EXPENDITURE : WILL BE INCURRED AGAINST MAJOR HEAD 2079 MINOR HEAD 110 OF DEFENCE ORDNANCE FACTORIES ESTIMATE UNDER EXPENDITURE. CODE HEAD : LP 031 133/01 806 01

THANKING YOU, YOURS FAITHFULLY,

1) Annexure-I 2) Additional Conditions (I. RAMESH)

JUNIOR WORKS MANAGER/RM FOR & ON BEHALF OF THE PRESIDENT OF INDIA

COPY TO: 1.0 OF A(FYS) OFMK 2.STORES 3.QAMI 4.BILLS 5.USER 6.INSP OFFICER 7.COMMISSIONER/IT 8.COMMISSIONER CST/VAT.9.STD CELL 10.LOCAL AUDIT OFFICE.

U 0195

--03-- ANNEXURE-1

SCHEDULE OF ITEMS TO SUPPLY ORDER NO:OFMK/RM /F302616 DT. 20/07/2016

ITEM DESCRIPTION

QUANTITY UOM

RATE TOTAL NO.

1 ALUMINIUM BRONZE 1915.00 NO 1919.00 4709404.57 'BUSHING' TO DRG.

(Rs. One Thousand Nine HundredNinteen Only) and Ps. Only)

No.765-33-57/C IN PROOF MACHINED CONDITION AS PER DRAWING BY SPUN/CENTRIFUGAL CASTING METHOD. EQUIVALENT MATERIAL: GRADE AB1 TO IS:305-81 L.F.NO. : 7400033202 MPS NO. :F201714 USER SEC : HTM TAXES

EXCISE DUTY : 10.3000% SUR.CHG.ON ED :NIL SALES TAX : NIL SUR.CHG.ON ST :NIL DISCOUNT : NIL P&F CHGS.: NIL TEST AMT : Rs.25000.0 TPT/FRT .: NIL FWD CHGS : 11024.65

PACK .CHGS : 73497.70 HANDL.CHGS : NIL V.A.T. % : 13.0000% MISC AMT : NIL

DELIVERY SCHEDULE: SAMPLE : 5 NOS BY 15/11/2016 BULK BY : 31/12/2016 1915.000

GRAND TOTAL : 4709404.57

(I. RAMESH) JUNIOR WORKS MANAGER/RM

FOR & ON BEHALF OF THE PRESIDENT OF INDIA

NOTE : 1. MATERIAL SHOULD BE SUPPLIED STRICTLY AS PER SPECIFICATION AND SIZES

MENTIONED ABOVE. 2. MATERIAL TEST CERTIFICATE FROM GOVERNMENT APPROVED LABORATORY AND GUARNATEE

CERTIFICATE TO BE SUBMITTED ALONG WITH SUPPLIES. 3. SUPPLIER NAME AND S.O.NO SHOULD BE EMBOSSED ON THE ITEM.

ARBITRATION CLAUSE

ALL DISPUTES & DIFFERENCES ARAISING OUT OF OR IN ANY WAY TOUCHING OR CONCERNING THIS AGREEMENT (EXCEPT THOSE FOR WHICH SPECIFIC PROVISION HAS BEEN MADE THEREIN) SHALL BE REFERRED TO THE SOLE ARBITRATOR TO BE APPOINTED BY DIRECTOR GENERAL OF ORDNANCE FACTORIES. GOVERNMENT OF INDIA.THE ARBITRATOR SO APPINTED SHALL BE A GOVERNMENT SERVANT WHO HAD NOT DEALT WITH MATTERS TO WHICH THIS AGREEMENT RELATES AND IN COURSE OF HIS DUTIES HAD NOT EXPRESSED VIEWS ON ALL OR ANY OF THE MATTERIN DISPUTES OR DIFFERENCES. THE ARBITRAL AWARD OF THE SOLE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES. THE VENUE OF THE ARBITRATION SHALL BE ORDNANCE FACTORY MEDAK YEDDUMAILARAM - 502 205.

(I. RAMESH) JUNIOR WORKS MANAGER/RM

FOR & ON BEHALF OF THE PRESIDENT OF INDIA

0000195.

--04--

SUPPLY ORDER NO. :OFMK/RM / F302616 DT 20/07/2016

ADDITIONAL CONDITIONS

PENALTY FOR USE OF UNDUE INFLUENCE: The Seller undertakes that he has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do or for having done or forborn to do any act in relation to the obtaining or execution of the present Contract or any other Contract with the Government of India for showing or forbearing to show favour or disfavour to any person in relation to the present Contract or any other Contract with the Government of India.Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting on his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the Seller or anyone employed by him or acting on his behalf, as defined in Chatper IX of the Indian Penal Code,1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the Buyer to cancel the contract and all or any other contracts with Seller and recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards any officer / employee of the Buyer or to any other person in a position to influence any officer/employee • of the Buyer for showing any favour in relation to this or any other contract,shall render the Seller to such liability/penalty as the Buyer may deem proper, including but not limited to termination of the contract, imposition of penal d=mages, for-feiture of the Bank Guarantee and refund of the amounts paid by the Buyer.

AGENTS / AGENCY COMMISSION: The Seller confirms and declares to the Buyer that the Seller is the Original

manufacturer of the stores / provider of the services referred to in this Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the Seller, nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilita-tion or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual / firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before of after the signing of this contract, the Seller will be liable to

111) refund that amount to the Buyer. The Seller will also be debarred from entering into any Supply Contract with the Government of India for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the Buyer in terms of the Contract along with interest at the rate of 2% per annum above LIBOR rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with the Government of India.

ACCESS TO BOOKS OF ACCOUNTS: In case it is found to the satisfaction of the Buyer that the Seller has engaged

an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the Seller, on a specific request of the Buyer, shall provide necessary information/inspection of the relevant financial documents/information.

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