Under Jurisdiction of Nagpur Court Only WESTERN COALFIELDS ...westerncoal.gov.in/sites/default/files/userfiles/S O NO 40331159-A... · “Under Jurisdiction of Nagpur Court Only

“Under Jurisdiction of Nagpur Court Only “WESTERN COALFIELDS LIMITED

(A Govt of India Undertaking)MATERIALS MANAGEMENT WING

Coal Estate, Civil Lines, Nagpur - 440001 Phone: 0712-2510691, 2511381, Fax : 2510284

Supply Order No :WCL/HEMM/PVB/320HPDOZER/40331159-A DT. 18.02.2014

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TO,

M/s BEML Limited33, Cement Road, Shivaji Nagar,Nagpur: - 440010 Regd post with AD

Vendor Code: 416002Vendor category : Manufacturer

Dear Sir,

Sub: Formal Order for supply of 320HP Crawler Dozer (230 kW to 250 kW)Ref : Our tender enquiry no hq-pur-pvb-e132-2013-14 Techno-commercial

opened on 06.01.2014 Price Bid opened on 21.01.2014.Your offer no BEML/MN/209/BD155/105 dt. 06.01.2014Your letter no BEML/MN/209/WCL/BD155/2911 dt. 23.01.2014

This has reference to above, we are pleased to place formal order on you for the supply of320HP Crawler Dozer as per terms and conditions stipulated below:-

Item description Qty Unit Basicprice (Rs.)

Extended Value(Rs.)

BEML BD155 Crawler Dozer (324HP)powered by BEML diesel engine modelBS6D170-1 developing 242 KW net power @2000 rpm complete as per scope of supply anddetailed technical specifications includingFilters for initial 3000 hrs. of operation, Tools& Tackles as per enclosed at annexure A, B &C. (Replacement requirement )

13Nos. 1,36,50,000.00 17,74,50,000.00

Total 17,74,50,000.00

Total Value: Rs. Seventeen Crore Seventy Four Lakhs Fifty Thousand Only.

Price: Prices are FIRM and on FOR Destination basis inclusive of packing & forwarding charges.However, Freight and transit insurance shall be reimbursed at actual on production of documentaryevidence subject to the maximum indicated as under .Freight @ Rs.144948.80 per Dozer + Servicetax @12.36% as applicable on 25% of the freight amount i.e. Rs. 4478.92 and transit insurance @Rs.3140.24 per Dozer .

Excise Duty: Excise Duty and cess on ED shall be paid extra as applicable at the time of despatchagainst documentary evidence. Present rate of ED & cess on ED is 12.36% on Dozer.





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WCL will avail CENVAT credit for the ordered items and hence it is mandatory for you to mention,CE registration no, TIN No., Chapter, Sub heading number in the Excise Invoice. In addition to theoriginal buyers copy, the transporters copy of invoice shall also be submitted by you alongwith thebills, as per CENVAT rules. The consignee shall avail the CENVAT Credit as per the CENVATrules.

Sales Tax: Sales Tax shall be paid extra as applicable at the time of dispatch. Present rate of CST is2% against form C. Declaration form shall be given by Consignee.

Delivery: 03 Nos. machines to be supplied within 03 months from the date of supply order andsupplied @ minimum 03 Nos. machines per month thereafter. Delivery period shall be reckonedfrom the 7th day of placement of order. Early supplies are acceptable .

Inspection: Pre-despatch inspection shall be carried out by CM(Excv), CIL, Bangalore. However,final inspection of the materials will be carried by consignee at site. Equipment is to be delivered atconsignee site within 15 days or earlier from the date of pre- dispatch inspection and clearance bypre-dispatch inspecting authority.

Payment terms: 80% value of each equipment and the initial spares and 100% Excise Duty andfull concessional ST / CST along with 100% transportation charges will be paid within 21 days ofreceipt of the complete equipment at the project site and receipt and acceptance of performancebank guarantee by the consignee. The equipment should be accompanied with relevant dispatchdocuments like challan, Maker’s Test-cum-Inspection certificate, Warranty certificate, InspectionCertificate etc.

Balance 20% payment shall be made within 21 days of successful commissioning of the equipment.

Paying Authority: General Manager (Fin.), WCL, Coal Estate, Civil Lines, Nagpur: - 440 001.

Mode of dispatch: All the stores surely packed are to be dispatched by road transport to theconsignee on Freight paid basis.

Consignee & Allocation :-NAME OF THE AREA ALLOCATION CONSIGNEE OTHER DETAILS

BALLARPUR AREA PAUNI OCM – 1 NO.SASTI OCM - 1NO.

DEPOT OFFICER, REGIONAL STORES,WCL, BALLARPUR AREAPO: SASTI, DIST: CHANDRAPUR (MS)PIN: 442701PHONE NO: 07173-254145

CEC NO. AAACW1578LEM070TIN NO. 27780000004RANGE: AWARPURDIVISION: CHANDRAPURCOMMISSIONERATE: NAGPUR

WANI AREA GHUGUS OCM-1 NOMUNGOLI OCM –1 NO.NILJAI OCM – 2 NOs.

DEPOT OFFICER, REGIONAL STORESWCL, WANI AREAPO: GHUGUS, DIST: CHANDRAPUR (MS)PIN: 442505PHONE NO: 07172-275078

CEC NO. AAACW1578LEM074TIN NO. 27780000004RANGE: WARORADIVISION: CHANDRAPURCOMMISSIONERATE: NAGPUR

MAJRI AREA NEW MAJRI OCM – 1NO. DEPOT OFFICER, REGIONAL STORESWCL, MAJRI AREAPO: SHIVAJI NAGAR, DIST: CHANDRAPUR (MS)PIN: 442603PHONE NO: 07175-285085

CEC NO. AAACW1578LEM072TIN NO. 27780000004RANGE: WARORADIVISION: CHANDRAPURCOMMISSIONERATE: NAGPUR





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NAGPUR AREA KAMPTEE OCM –1 NO. DEPOT OFFICER, REGIONAL STORES,WCL, NAGPUR AREA,PO:SILEWARA PROJECT, DIST: NAGPUR (MS)PIN:441109PHONE NO: 07113-268154

CEC NO. AAACW1578LEM075TIN NO.: 27780000004RANGE: NAGPURDIVISION NAGPURCOMMISSIONERATE: NAGPUR

WANI NORTH AREA UKKINI OCM – 1 NO. DEPOT OFFICER, REGIONAL STORES,WCL, WANI NORTH AREA,PO:UKNI, DIST: YAVATMAL (MS)PIN:445304PHONE NO: 07239-241025

CEC NO. AAACW1578LEM076TIN NO.: 27780000004RANGE: YAVATMALDIVISION : AMRAVATICOMMISSIONERATE: NAGPUR

UMRER AREA UMRER OCM – 1 NO.MAKKARDHOKRA-II-1NO

DEPOT OFFICER, REGIONAL STORES,WCL, UMRER AREA,PO:UMRER PROJECT, DIST: NAGPUR (MS)PIN:441204PHONE NO: 07116-247181

CEC NO. AAACW1578LEM068TIN NO.: 27780000004RANGE: KALMESHWARDIVISION : NAGPURCOMMISSIONERATE: NAGPUR

CHANDRAPUR AREA PADMAPUR OCM- 1NOH.LAL PET OCM – 1NO

DEPOT OFFICER, REGIONAL STORESWCL, CHANDRA PUR AREAPO: DURGAPUR PROJECT,DIST: CHANDRAPUR (MS)

PIN: 442403PHONE NO: 07172-265351

CEC NO. AAACW1578LEM073TIN NO. 27780000004RANGE: CHANDRAPURDIVISION: CHANDRAPURCOMMISSIONERATE: NAGPUR

Security Deposit: Exempted being a CPSU.

Performance Bank Guarantee: - The successful tenderer has to furnish a performance bankguarantee valid for 21 months from the date of receipt and acceptance of equipment, equivalent to10% value of the contract including taxes and duties etc. to the FOR Destination price of theequipment on order, covering the warranty period. The bank guarantee shall be released aftersuccessful completion of the guarantee/warranty period after confirmation from GM(Excv) I/C,WCL/Hqrs. The PBG must be submitted within 15 days from the date of placement of order. Nopayment shall be made without submission of PBG.

Guarantee/Warranty Clause: -Shall be as per the technical specifications enclosed as annexure A.

Liquidated Damages clause:-In the event of failure to deliver the stores within the stipulated date / period in accordance with thesamples and / or specifications mentioned in the supply order and in the event of breach of any ofthe terms and conditions mentioned in the supply order, Coal India Limited and / or its subsidiaryCompanies should have the right :-

a. To recover from successful tenderer, as agreed liquidated damages, a sum not less than 0.5%of the price of the store which successful tenderer has not been able to supply (for this purpose partof a unit supplied will not be considered) as aforesaid for each week or part of a week during whichthe delivery of such stores may be in arrears limited to 10 %. Where felt necessary the limit of 10%can be increased to 15% at the discretion of Head of the Materials Management Division

b. To purchase from elsewhere, after due notice to the successful tenderer, on the account and atthe risk of the defaulting supplier the stores not supplied or others of a similar description withoutcanceling the supply order in respect of consignment not yet due for supply or

c. To cancel the supply order or a portion thereof, and if so desired, to purchase the store at the





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risk and cost of the defaulting supplier and also

d. To extend the delivery period with or without imposition of Liquidated Damages as may beconsidered fit and proper. The penalty if imposed shall not be more than the agreed liquidateddamages referred to clause (a) above.

e. To forfeit security deposit in full or part.

f. Whenever under the contract a sum of money is recoverable from and payable by the supplier,Western Coalfields Limited, shall be entitled to recover such sum by appropriating, in part or inwhole by deducting any sum or which at any time thereafter, may become due to the successfultenderer in this or any other contract, with Western Coalfields Limited. Should this sum be notsufficient to cover the full amount recoverable, the successful tenderer shall pay to WesternCoalfields Limited, on demand the remaining balance. The supplier shall not be entitled to any gainon any such purchase.

Submission of Bills: For claiming payment, following documents are to be submitted alongwithoriginal bills as per terms of the supply order to the consignee.

i. Pre-receipted and stamped Invoice (and/or Original Buyer’s copy of invoice wherever ED ispayable)

ii. Required dealer invoice as mentioned in Taxes & Duties clause no. 16 / or Transporters copy ofInvoice in case of supplies by manufacturers, for obtaining CENVAT credit wherever CENVATcredit is applicable.

iii. Packing list in original list in original giving details of bill of materials

iv. Consignment note / RR/ LR in original

v. Warranty / Guarantee certificate

vi. Manufacturers test certificate as per supply order terms

vii. DGMS / BIS / Pre dispatch inspection certificates / any other document, if required as per thecontract.

Please indicate your Bank Account number, Name of Banker, Nature of Account, MICR Codeand IFSC code to facilitate payment through EFT while submitting your bill.vii) As the order is being placed on the basis of consideration that you are a manufacturer of theordered material, you will have to provide a certificate to the following effect on the body of eachbill “Certified that items supplied and included in this bill/ invoiced are own make and have actuallybeen manufactured at your works situated at ________________ (address of factory”)

Force Majeure Clause: If the execution of the contract / supply order is delayed beyond the periodstipulated in the contract / supply order as a result of out break of hostilities, declaration of anembargo or blockade, or fire, floods, acts of nature or other contingency beyond the supplier’scontrol, due to act of God then Western Coalfields Limited may allow such additional time byextending the delivery period as it consider to be justified by the circumstances of the case and itsdecision shall be final. If and when additional time is granted by Western Coalfields Limited, the





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contract / supply order shall be read and understood as if it had contained from its inception thedelivery date as extended.

INTEGRITY PACT: Integrity Pact as per format signed and furnished by you along with theoffer shall remain valid and applicable for this contract.

Arbitration Clause :

“In the event of any dispute or difference relating to the interpretation and application of theprovisions of the contracts, such dispute or difference shall be referred by either party forArbitration to the Sale Arbitrator in the Department of Public Enterprises to be nominated bySecretary to the Govt. of India in-charge of the Department of Public Enterprises. The Arbitrationand Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of theArbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrievedby such award may take further reference for setting aside or revision of the award to the LawSecretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon suchreference the dispute shall be decided by the Law Secretary or the Special Secretary/AdditionalSecretary, when so authorized by the Law Secretary, whose decision shall bind the parties finallyand conclusively. The Parties to the dispute shall share equally the cost of arbitration as intimatedby the Arbitrator”.

Unless otherwise specified above, the purchase order shall also be governed by the terms andconditions given in the General terms and conditions enclosed.

This order is issued with this acceptance. Kindly acknowledge the receipt of this order.

Yours faithfully

(P V BABU) (PK SARKAR)CHIEF MANAGER (MM) GENERAL MANAGER(MM)

Enclosures: - Annexure.A. NIT Technical SpecificationsB. List of Initial SparesC. List of ToolsD. General Terms & Conditions and SupplyE. PBG formatF. BEML uploaded Technical Specifications alongwith maintenance schedule and with Integrity

Pact





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Copy to :1. GM/ SO(Excv) /SO(MM) /AFM/Depot Officer, WCL, Nagpur, Ballarpur ,Umrer Wani

North , Wani, Majri and Chandrapur Areas2. GM(Excv) / GM(CP)/ GM(Fin.) , WCL Hq., Nagpur3. FM(CP) / Sr.Mgr.(Excv), WCL Hq., Nagpur4. GM (F), WCL Hq., Nagpur vide Budget diary no. FA/WCL/CAP/BC/HEMM/159

DT.18-02-2014 for Rs.2053.545 lakhs5. GM(MM), SECL, MCL, CCL, BCCL, ECL, NCL6. RD, CMPDIL, RI IV, Nagpur7. CM(Excv), CIL, Bangalore8. TS to DT(P&P), WCL, Nagpur

Indent details: Indent .No. 1408. Dt.12-11-2013 approved by DT(O) on 12/11/2013.

WCL Board approved for 13 Nos. 320 HP Dozers in its 252nd Meeting vide Item No.252/C-13 asper Co. Secy Letter No.1370 dt.15-02-2014. The allocation of 13 Nos. are as per noting ofGM(Excv) I/c dt.17.02.2014.

CHIEF MANAGER (MM) GENERAL MANAGER (MM)





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Annexure - ATechnical Specifications

1. Introduction:

These Technical Specifications identify the technical requirements of the Goods and Services whichare the subject of this Domestic tender.

The Technical specifications are presented as follows

A. Scope of Supply.

1. General Requirements2. Spare Parts Provisions.3. Composite Warranty / Guarantee.4. Performance Guarantee5. Quality Assurance.

B. Equipment Specifications

2. Conformity with specification:

The equipment to be provided shall conform with the requirements defined in these parts. Wherestated requirements conflict, the order in which the specifications shall prevail is as follows.

Part A - followed byPart B - followed byPart C

Site visits

The bidder prior to making bid calculation and as part of the preparation of its Bid, shall be deemedto have visited and inspected the site(s), made all enquiries and collected all informationdocumentary or otherwise, including climatic conditions, as considered necessary by the Bidder forthe proper and accurate preparation of its bid.

Technical Response:

Bidders shall provide a Clause by clause commentary demonstrating compliance with thepurchaser’s technical specifications, identifying any deviations thereto, together with full supportingtechnical literature and data sheets. The equipment offered by Bidders will be evaluated technicallybased on the information presented in the bid without reference to extrinsic evidence.

Additionally bidders shall provide the information specifically requested in the Attachment to theTechnical Specifications.Failure to provide any information requested in any part of this specification may deem the bid non-responsive.

A. Scope of Supply.





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A.1 Equipment Package

The supplier is required to bid as per the equipment package detailed in the Tender Document.

A.2 Supplementary Items

I. The equipment shall be provided with a comprehensive tool kit, which shall include anyspecial tools required for erection, commissioning and for the maintenance and repair of all theequipment.

II. First fill of all oils, grease and lubricants needed for test and commissioning of eachequipment.

III. All filters & O-rings except standard engine filters required for first 3000 working hours.

A.3 Information & Drawings

At least one month before the scheduled installation date the supplier shall provide

(a) THREE suitable illustrated copies of operating, repair and Maintenance Instructions forEACH equipment written in the English language, substantially bound in book form.

(b) THREE suitable illustrated copies of detailed spare parts manual for EACH equipmentcovering complete equipment and accessories substantially bound in book form.

The supplier shall also submit the data identified in the specifications for each item of Equipmentproposed. In addition to the Equipment drawings requested, where appropriate the Supplier shallsupply detailed drawings illustrating erection/assembly site(s), foundation and accommodationrequirements for such items as drive motors, switch installations, etc.

A.4 Erection/Assembly, commissioning and Performance Testing :

The Supplier shall provide the service of Specialist Technicians to supervise theinstallation/erection/assembly, commissioning and any performance testing of the plant, equipmentand accessories supplied.

The Technicians shall remain at site following commissioning until all necessary personnel are fullyconversant with the maintenance and operation of the equipment.

A-5 Training:

The Supplier shall also be responsible for the provision and delivery content of suitable trainingprogram, including audio-visual presentation/ training, necessary for operation and maintenanceincluding Dos & Donts and trouble shooting procedure for the equipment. The duration, venue andtype of training program shall be mutually decided, considering the requirement of Area/ Project, inconsultation with GM(Excv) I/C WCL(HQ).

B. GENERAL REQUIREMENTS.

B.1 Geography and Climatic Conditions





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Elevation : The natural surface varies from 100 to 1000m above mean sea level.

Climate: The climate is sub-tropical to tropical dusty with a hot and humid atmosphere. Monsoonrains occur in the period from June to October –

Ambient Conditions Relative humidity - Maximum 98%Temperature - Minimum 00 C

- Maximum 500 CRainfall : The mean annual rainfall is 1000 mm. 90 to 95% of which may fall in rainy season fromJune to October.

Wind April to September - South to South WesternlyOctober to March - North WesternlySpeed -8 KM per hr average

- 100Km per hour max.Under footSlushy and highly abrasive -

B.2 Goods (Equipment & Machinery)

Detailed specifications of the equipments to be supplied are given in Annexure “B” of this section.In general all items shall be -

New, unused and of the current design (incorporating latest proven features) and not likely to bediscontinued or become obsolete in near future.

Designed and constructed to handle without overload and for the working hours stated, themaximum volumes/rates specified.

Designed to facilitate ready access,cleaning, inspection, maintenance and repair of component parts.

Designed to facilitate rapid changeover of consumable items.

The component parts of all items shall, wherever possible, be selected from the standard ranges ofreputable manufacturers.

The equipments and accessories shall be physically robust and where necessary capable ofdismantling for transportation and ready re-assembly using simple tools. All equipments itemsprovided shall be designed to be compatible within the proposed overall Scope of Supply.

Electrical equipments shall provide all protection devices, controls and interfaces for the equipmentto operate safely and efficiently.

All workmanship and materials shall be of first class quality in every respect.

All parts and surfaces which are exposed to corrosive environments shall be suitably protected toprevent any effects of corrosion or erosion.

B.3 Standard:

Beside conforming to the standards specified in the equipment specifications in annexure A, theequipment shall also has to meet approval of the Statutory Government Authorities includingDirector General of Mines Safety (DGMS) having jurisdiction over the Equipment and its use.





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The system of units for all measurements shall be the System International d’Units(S.I.)

B.4 Suppliers Responsibility

The Purchase requires that the Supplier shall accept responsibility for the provision of completeoperable and compatible Equipment and systems within the Scope of Supply. This documentsidentifies only the major items required for the installation and the Supplier shall ensure that thetotal supply includes all necessary equipments for it to function effectively and safely. Anyadditional items the Supplier considers necessary to ensure compliance with such a requirementsshall be identified and included.

If the Supplier observes that this specification documents contains any anomalies, ambiguities,flaws, errors or omissions, the supplier shall immediately bring these to the attention of thePurchaser.

The supplier shall be responsible for the testing and commissioning of the equipments and ensurethat it meets the requirements as specified.The commissioning and setting to work of the wholeequipments supply package shall be carried out under the supervision of the Supplier in conjunctionwith the Purchaser’s nominated personnel.

B.5 Spare Parts Provisions

B.5.1 Availability of Spare Parts & Service Support:

All items and Equipments proposed shall be of current design and manufacture. The supplier shallwarrant that sufficient spare and servicing facilities will be available to maintain the equipment inuse through out its life. The Supplier must have adequate facility for product support for suchmachines in India with nearest Depot/Warehouse, service facility and personnel. Details of suchfacilities are to be furnished, as at clause 9 of Equipment specification.

B.5.2. Provisions of Spare Parts

Within the contract price, the purchaser will agree to purchase all filters and O rings, includingEngine filters, required for first 3000 hours of operation of each equipment.

The bidder shall stock sufficient fast moving and maintenance and other spares in their local depotto ensure maximum availability of their equipment.

B.5.3 Emergency Spare Parts

The Bidder shall ensure that spare parts required urgently by the Purchaser for repair of breakdownequipments are supplied at over riding priority.

B.5.4 Lifetime Spare Parts

The supplier undertakes and guarantees to produce and maintain stocks, to be available forpurchase by the Purchaser under separate agreements of all Spare Parts and Consumables as may berequired for maintenance and repair of the Plant throughout its working life. In the event that theSupplier wishes to terminate production of such Spare Parts, the Supplier shall:

(a) give not less than six months notice in writing of it’s intention to terminateproduction in order to permit the Purchaser reasonable time in which to procure neededrequirements and

(b) immediately following termination, provide to the Purchaser at no cost, manufacturingdrawings material specifications and all necessary permissions to facilitate manufacture of the spare





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parts elsewhere.

In any event, the Supplier shall not seek to terminate manufacture of spare parts for a period of notless than ten (10) years from taking-over.

B.5.5. Oil, Lubricants and Fluids :

Not less than (1) month before the scheduled date for Acceptance, the Supplier shall provideto the purchaser a detailed schedule of all necessary oils, lubricants, fluids and the like for theoperation and maintenance of equipment. The schedule shall indicate estimated annual consumptionand specify the appropriate international standard number or the name and reference number of anequivalent available in India considered to be acceptable by the Supplier.

B. 5.6 General

Nothing in this clause B.5 shall relieve the supplier of any guarantee, Availability, performance orother obligations or liabilities under the contract.

B.6 Composite Warranty/Guarantee

The bidder shall warrant that the equipment supplied under this contract is :

a. In accordance with the contract specifications.

b. The equipment shall have no defects arising out of design, material or workmanship and thecomplete equipment shall be warranted for 12 months (twelve months) from the accepted date ofcommissioning.

Further clause '6' under Part -'C' i.e. Special Guarantee Clause, shall also be applicable for majorassemblies/ sub assemblies of the equipment.

The warranty shall cover for total equipment so that ultimate responsibility has only with theequipments bidder although components may be supplied by different suppliers to the Bidder.

B.7 Performance Guarantee:

B.7.1 Introduction

B.7.1.1 The supplier shall guarantee that the equipment supplied pursuant to this contract shall beavailable for use by the Purchaser and shall meet the performance criteria specifications at the leveland in accordance with the terms and conditions of the Availability Guarantee herein contained.

B.7.1.2 Where equipment supplied under the Contract fails to meet the criteria of the AvailabilityGuarantee, the Supplier shall, at its own cost, provide suitably qualified and experienced personnelat site to demonstrate to the purchaser’s satisfaction that the required level of availability can beachieved and maintained.

B.7.1.3 The supplier shall provide the services of such personnel at site within seven (7) daysof notification by the Purchaser that the availability criteria has not been met in any one (1) month.

B 7.2 GuaranteeB7.2.1 The supplier shall guarantee that the equipment supplied pursuant to the Contract shall beavailable to the Purchaser at the level hereinafter defined to perform to criteria of not less than thatdefined in the Technical Specifications incorporated in the Contract.

B 7.2.2 The Supplier shall guarantee that the equipment shall be available to perform its duty tominimum criteria and to the minimum availability percentage level as defined in the individual





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equipment specifications included as the Attachment to the Technical specifications. The method ofassessment applied shall be as follows:

Method of Assessment :

The following calculation shall determine the availability of the equipment

% Availability = Scheduled Available time – Down time X 100

Scheduled Available time

Scheduled Available time shall equate to 24 hours.

Down time shall mean all hours of work lost due to mechanical, electrical or other failure,

including :

a) routine servicing and maintenance in accordance with the manufacturer’s publishedrecommendations

b) planned preventive maintenance programmes,

It shall not however include :

I. damage due to abusive use or incorrect operation methods by the Purchaser.II. accidents.III. Strikes or stoppage of work by the purchaser’s personnelIV. Natural disaster.V. Lack of spare parts not attributable to a failure of the supplier; it’s Agents or Representatives.Down time shall also specifically include all hours lost due to failures determined to be failureswithin guarantee period.

The Supplier shall state the number of hours per day required to carry out (a) and (b) above.

The Purchaser will assist the Supplier, without relieving the Supplier of any other obligations underthe Contract, to achieve the guaranteed availability by :

1. Providing normal and proper maintenance, including preventive maintenance in accordancewith the Supplier’s standard/published recommendations, and making all necessary repairs usingonly genuine manufacturer’s spares.2. Providing cooperation to all Supplier’s authorized representatives, complying with all reasonableprocedural suggestions to improve efficiency of machine operation or reduce downtime.

3. Where appropriate, providing and maintaining such conditions as :

• proper electrical supply• Terrain area• Bench preparation.• Reasonable floor conditions.

4. Providing all Supplier’s authorized representatives access at all reasonable times to the machinesservice and repair facilities.

5. Maintaining of log book for each shift wherein the working hours, breakdown time, maintenancehours, idle time, etc. shall be recorded. This record will be available for examination and signatureby the Supplier’s representative.B.7.2.3 Waiting time for maintenance shall not be taken as downtime.





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B.7.2.4 The average routine maintenance hours shall not be more than two hours per day. In casethe site personnel of WCL are unable to carryout the daily maintenance in two hours in such casethe supplier shall carry out the maintenance within two hours and train the project personnel toenable them to carryout the normal routine maintenance within two hours every day.

In the event the project personnel are unable to carry out the routine maintenance in two hours timeevery day even after the demonstration & training by the supplier, the time taken over & above twohours by the project personnel will not be counted as downtime.

B. 7.2.5 The supplier will promptly report any breakdown in any major assembly / sub-assemblyto the concerned Head of Excavation Department of the subsidiary company.

B 7.3 Effect and Duration of Guarantee :

B.7.3.1 This guarantee shall become effective on the day on which the Equipment iscommissioned at the Site. Commissioning shall be evidenced by the issue of the Purchaser’sAcceptance Certificate.

B.7.3.2 This guarantee shall remain effective for twelve (12) months from the date ofcommissioning irrespective of the hours operated by the equipment.

B.7.3.3 Compensation for the loss of Production : In the event that the equipment fails to achievethe availability herein provided during this twelve (12) months period, the Supplier shall be liableto pay to the Purchaser, as Penalty, a sum equal to as indicated hereunder for each equipment :-

1. 1% of the delivered price of the equipment for every percentage reduction from theGuarantee Availability for the first 5%

2. 10% of the delivered price of the equipment for reduction beyond 5% from the GuaranteedAvailability.

The supplier has however the option to modify the equipment, if felt necessary, to bring itsavailability to the guaranteed level within three (3) months after expiry of initial guarantee periodof twelve (12) months from the date of commissioning. In the event of further reduction ofavailability during total fifteen (15) months period, then the penalty shall be imposed on the basis ofavailability achieved during the period of fifteen (15) months.

B 7.3.4 When the Supplier is unable to supply the replacement of a failed part under warrantywithin 21 days of giving intimation by the consignee and if the machine is commissioned by usingthe spares from the stock of the project the period (after 21 days) till the supplier replaces the partunder warranty shall be treated as “Deemed Breakdown” (the credit for keeping machine availableshall not be given to the supplier).

B 7.3.5 SPECIAL CONDITION : The machines under supply against this tender should havethe same major assy.s /sub assys which were fitted on the machines supplied against CIL’s /WCL’slast supply order. In case any change is contemplated prior clearance of CIL/WCL will benecessary.

For close monitoring of the performance of equipment under warranty , the Projectauthority must furnish the following information as per enclosed proforma (Annex-1) on monthlybasis to the Area Staff Officer (Excv.) . On completion of the Performance Guarantee period, aconsolidated statement in the said proforma must be sent to CGM (EXCV.) of the subsidiarycompany for judgment regarding performance of the equipment. The project authority must not giveany performance certificate directly to the equipment supplier.





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B.8 Quality Assurance

B 8.1 The Supplier should furnish in detail its quality assurance plan for various stages ofmanufacture. The Quality Assurance Plan shall comply with an internationally recognized qualityassurance standard such as ISO 9000.

B.8.2 The Supplier shall provide facilities to Purchaser or their authorized representatives, when sorequired by them, for progress inspection during manufacture at his works and furnish all test dataavailable in this regard for quality control, both for bought out items and his own manufactureditems.

B.8.3 The Purchaser or his agent, when so required by him, shall also be provided with samples of“bought-out” materials for the purpose of undertaking independent tests which independent testsshall be at the expense of the Purchaser.





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ANNEXURE B

NNIITT TTEECCHHNNIICCAALL SSPPEECCIIFFIICCAATTIIOONN

1. Scope of SpecificationBEML BD 155 Crawler Dozer, Powered by BEML model BS6D170-1, 4 stroke, direct injection,turbocharged, water - cooled, diesel engine, developing net power of 242 kW at 2000 rpm and fittedwith

• TORQUEFLOW power shift transmission with 3 forward and 3 reverse speed

• Heavy duty spur gear double reduction final drive

• Independent track steering with wet multiple disc clutches interconnected with brakes

• Heavy duty undercarriage of rugged construction, 7 track rollers (each side), 2 carrierrollers (each side), segmented bolt-on type sprocket teeth, 560 mm extreme service grousershoes.

• Hydraulically controlled straight tilt Dozer attachment

• ROPS / FOPS cabin with standard gauges and alarms

• 24 V electrical system; front and rear lights

• First fill of oils, grease and lubricants (excluding fuel)

• Filter elements for initial 3000 hours of operation.

2. ReferencesThe following International Standards are referred to in, and form part of, the Specification:

ISO 2867 Earth-moving machinery - Access systems

ISO 3449 Earth-moving machinery - Falling-object protective structures - Laboratory tests andperformance requirements

ISO 3457 Earth-moving machinery - Guards and shields - Definitions and specifications

ISO 3471 Earth-moving machinery - Roll-over protective structures - Laboratory tests andperformance requirements

ISO 6014 Earth-moving machinery - Determination of ground speed

ISO 6405-1 Earth-moving machinery - Symbols for operator controls and other displays - Part 1 :Common symbols

ISO 6405-2 Earth-moving machinery - Symbols for operator controls and other displays - Part 2 :Specific symbols for machines, equipment and accessories

ISO 6682 Earth moving machinery - Zones of comfort and reach for controls





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ISO 6747 Earth-moving machinery - Tractors - Terminology and commercial specifications

ISO 6750 Earth-moving machinery - Operation and maintenance - Format and content ofmanuals

ISO 7129 Earth-moving machinery - Tractors with dozer, graders, tractor scrapers - Cuttingedges - Principal shapes and basic dimensions

ISO 7464 Earth-moving machinery - Method of test for the measurement of drawbar pull

ISO 9246 Earth-moving machinery - Crawler and wheel tractor dozer blades - Volumetric ratings

ISO 9249 Earth-moving machinery - Engine test code - Net power

ISO 10265 Earth moving machinery - Crawler machines – performance requirements and testprocedures for braking systems

ISO 10968 Earth moving machinery - Operator’s controls

3. Design CriteriaThe Dozer shall be capable of continuous operation for protracted periods on a system of 3 shiftseach of 8 hours duration per day throughout the year in hard, highly abrasive, blastedsandstone/rock having a density after blasting of 1,800 kg/m3.

The Dozer shall have the following maximum range of drawbar pull, measured according to ISO7464:

a. Drawbar pull of 28700 Kg at 1 kmph speed

b. Drawbar pull of 32800 Kg at zero speed

4. Technical Requirements4.1 EngineThe Dozer shall be powered by BEML Model BS6D170-1, 4 stroke, water cooled, direct injection,turbocharged, diesel engine developing 242 kW @ 2000 rpm measured according to ISO 9249.

The engine shall be provided with 24V electric starting, dry type 2-stage air cleaner with automaticdust evacuator and dust level indicator and 2-stage fuel filter with water separator.

The engine shall have a water jacket cooling system, thermostatically controlled using an engine drivenwater pump, with the cooling water re-circulated through a heavy duty radiator. The system shall becapable of providing sufficient cooling to allow the Dozer to continuously operate at the full ratedoutput at the maximum ambient temperature.

The moving parts of the engine shall be lubricated by an engine driven oil pump, with full flow oilfiltration and cooling.

The engine shall be equipped with an over-speed governor.

The engine shall be provided with a heavy duty removable pan guard.





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Auto – Shut off system should be provided in the engine.

4.2 Drive SystemPower transmission from the engine to the crawler drive sprocket should through conventionalmeans i.e. torque flow transmission, final drive, steering and brakes.

4.2.1 Transmission

Torque-flow transmission consisting of 3 element, single stage single phase torque converter,planetary gear drives and hydraulically operated multiple disc type clutches equipped with suitablevalves for developing a minimum of 3 forward and 3 reverse speeds.

Heavy duty removable belly guard, designed such that it does not allow accumulation of dirt shouldbe provided.

4.2.2 Final Drive

Heavy duty spur gear, double reduction type final drive is to be provided

4.2.3 Steering

Independent track steering by means of hydraulically actuated oil cooled multiple disc steeringclutches and brakes shall be provided. These are to be held in engagement by springs anddisengaged hydraulically.

All hoses and piping shall be protected from damage.

4.3 UndercarriageThe undercarriage shall be heavy duty rugged design suitably suspended with oscillating typeequalizer bar and pivot shaft to reduce shock loads transmitted to the Dozer.

Track frames and track rollers shall be of sufficient strength to withstand the high loads which mayoccur due to uneven ground conditions. They shall be of welded construction and stress relieved asrequired.

The sprocket is a segmented bolt-on type. Idler and rollers are sealed and lubricated type . Reliabletrack tensioning arrangement should be provided.

Extreme service single grouser shoes of not less than 560 mm width shall also be provided.

4.4 Dozer AttachmentThe dozer shall be fitted with hydraulically controlled straight-tilt. The dozer blade shall be heavyduty type with steel wear plate and heavy duty end bits. Heavy duty hardened steel wear resistantcutting edges which comply with ISO 7129 shall be provided.

4.5 Fuel TankThe fuel tank should be of sufficient capacity for 16 hours operation without re-fuelling, and beprovided with a level indicator and a lockable hinged cap.

Construction of the tank should be such that it provides for easy accumulation and drainage of waterwith minimum loss of fuel.





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4.6 Operator’s CabA fully insulated, sound suppressed walk-through operator’s cab with safety glass, windshield wiperand washer should be provided. The operator’s seat shall be a fully adjustable bucket type withfoam rubber cushion and best quality upholstery. Heavy duty rubber floor mats and a cooling fanshall also be provided. All doors, windows and vents shall have dust and weatherproof seals.

Both a ROPS and FOPS which comply with ISO 3471 and ISO 3449 respectively shall be provided.

All operating controls, monitoring and working signals should be conveniently located in consoleswithin easy reach of the operator and shall comply with ISO 6405-1, ISO 6405-2 and ISO 7095.

Non-slip type walkways which comply with ISO 2867 shall be provided for access.

4.7 Gauges and IndicatorsThe following shall be provided as a minimum:

Water temperature gauge

Engine oil pressure gauge.

Convertor oil temperature gauge.

Fuel capacity gauge.

Combined Engine Techometer and Engine Hour Meter

4.8 Warning Alarms / LightsThe following audio/visual warning alarms shall be provided:

• Coolant level & temperature

• Engine oil pressure

• Front warning horn

• Reversing alarm & light and engine oil filter caution lamp

4.9 Electrical EquipmentThe Dozer shall be provided with the following:

• 24V DC electrical system with suitably rated alternator of reputed make

• Electric start (24v)

• Reputable make high capacity batteries

• Battery isolation switch

All electrical circuits shall be protected by adequately rated fuses which shall be easily accessiblefor maintenance.





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4.10 LightingAdequate lighting shall be provided for safe nightshift operation. The lighting system shouldinclude the following:

• 4 (no) Headlights

• 2 (no) Rear working lights

• 4 (no) ROPS mounted working lights (2-front and 2-rear)

• Cabin dome light

Headlights and rear working lights shall be identical in type and size and fitted in steel protectiveenclosures.

4.11 Guards and ShieldsAdequate guards and shields which comply with ISO 3457 shall be provided.

4.12 Automatic Fire Detection & Suppression SystemThe supply equipment should be fitted with DGMS approved Automatic Fire Detection &Suppression System (AFDSS). Make of AFDSS should be specifically mentioned and its DGMSapproval should also be furnished with necessary certificates.

5. Ancillary Equipment / Additional Safety Features and Other RequirementsThe following are to be supplied with the Dozer:

• Front pull hook• Rear mounted rigid drawbar• Turbocharged guard• Fire/Heat resistant/retarder hydraulic hoses in place of ordinary hoses to decrease

chances of fire.• All sleeves and conduits where cables/wires are passed shall be fire heat resistant.• Seat belt for operator.• Audio Visual Alarm system (DGMS approved type) shall be provided.

6. Special GuaranteesThe following guarantee will apply for the different component:-i) Main Frame - 10,000 hours or 1000 calendar days(whichever is earlier)

ii) Complete engine system - 24 months or 6500 hours (whichever is earlier)In case of failure of engine system within 6500 hrs. , the failed components of the engine

system will have to be replaced / repaired depending on the merit of the case, free of cost by thesupplier. In case of failure of engine system beyond 6500 hrs. the system will have to be replaced onpro-rata payment basis taking the life of the engine system as 7550 W/hrs.





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iii)Transmission Assy. - 24 months or 6000 hrs. (whichever is earlier)

iv) Electrical Items - 6 months or 1000 hrs. (whichever is earlier)

v) Final Drive (excluding Sprocket) and Steering System - 24 months or 6000 hrs. (whichever isearlier)

vi) Under Carriage Parts consisting of track chain, rollers, idlers and sprocket teeth - 2 years or4500 hrs. (whichever is earlier)

vii) Engine Hour Meter - 12 months or 3000 hrs. (whichever is earlier)

7. Performance GuaranteeIn accordance with the provisions of clauses B.7.2.2 and B.7.3.2 of the Technical Specifications, theSupplier shall guarantee that the availability of the equipment shall be not less than 75% (seventyfive per cent) for a period of 12 months from the accepted date of commissioning.

8.Technical spec uploaded attached in Annexure.

9. GUARANTEE / WARRANTY / PERFORMANCE BANK GUARANTEEi) The equipment will be warranted against any manufacturing defects / workmanship for a periodof 12 months from the date of commissioning. Any defect observed on this account shall beattended to immediately and in no case beyond a period of one month. For specific warranty onassemblies and sub-assemblies, details given in Technical Specification may be referred to.ii) Special Warranty Clause – “In the event of any breakdown or failure of performance due

to defects in materials, design, workmanship, spare parts etc., WCL shall promptly notify thesupplier in writing of any claims arising under this warranty. The repairs, replacement orrectification work shall be carried out by the supplier at site at no cost to the purchaserwithin 21days of settlement of warranty claims.“At no cost to the purchaser” means, the supplier will have to bear all the expensesupto the destination site i.e. Ex- works prices, Excise Duty, Sales Tax, Insurance,Inland transportation charges etc. as applicable to ensure free delivery of warrantyreplacement at WCL colliery sites.

The supplier will be required to stock spares parts to take care of warranty periodbreakdown. Spares should be available within three weeks from the date of intimation ofbreakdown.

iii) The suppliers must ensure that there is no major breakdown due to manufacturing / designdefect during the warranty period. In case such breakdown occurs, the purchaser will reservethe right to extend the warranty period suitably.

iv) The supplier will have to furnish the following Performance Bank Guarantees on scheduled/ Nationalised Bank in India as a coverage towards the suppliers’ performance against theContract, in the standard format enclosed ( No other format will be accepted) :--





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Performance Bank Guarantee valid for 21 months (12 months + 9 months) from the date ofdespatch for 10% value of the equipment. The value will include taxes and duties etc. to the FORdestination price of the materials on order.

No payment will be done without submission of the Performance Bank Guarantee.

Omni Bus Bank Guarantee operative at CIL, Kolkata is acceptable and in case expiry of validity ofsuch Bank Guarantee during the validity period, then PBG has to be submitted at WCL as above.

10. ERECTION & SUPERVISION

The supplier shall be responsible for the erection and commissioning within 30 days of the receiptof complete equipment at site. However, the purchaser will assist in providing necessary erectiontools & tackles etc. and unskilled manpower for this purpose.

11.INSPECTION AND TESTS

i. The purchaser or its authorized representative shall have the right to inspect and/or to testthe goods to confirm their conformity to the contract. The purchaser shall notify the supplierin writing of the identity of any representative retained for these purposes.

ii. The inspections and tests may be conducted at the premises of the supplier or itssubcontractor(s), at point of delivery and/or at the goods final destination when conductedon the premises of the supplier or its subcontractor(a), all reasonable facilities andassistance, including access to drawings and production data, shall be furnished to theinspectors at no charge to the purchaser.

iii. Should any inspected or tested Goods fail to conform to the specifications, the purchasermay reject them and the supplier shall either replace the rejected goods and make allalternatives necessary to meet specification requirements free of cost to the Purchaser.

iv. The materials will be inspected on arrival at site by the consignee, which will beconsidered as final. This shall in no way be limited or waived by reason of the Goods havingpreviously been inspected, tested and passed by the Purchaser or its representatives prior tothe despatch of the Goods.

Nothing in these documents shall in any way release the supplier from any warranty or otherobligations under this contract.






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ANNEXURE B

LIST OF FILTERS, O-RINGS, ELEMENTS FOR 3000 HOURS OFOPERATION OF ONE NUMBER BD155 DOZER POWERED WITH

BS6D170-1 ENGINE

SL.NO.

PARTNUMBER DESCRIPTION QTY/

EQPTCHANGEINTERVALIN HOURS

QTYfor

3000Hrs

1 125HS02188 ELEMENT (HYDRAULIC) 1 1000 32 125PT03144 ELEMENT TRANS & STEERING 2 250 243 CHS0115150 O-RING 2 1000 64 CHS0112115 O-RING 2 250 245 CHS0113030 O-RING 1 250 12

6 51Z9900906 MAINTENANCE SERVICE KIT 1 250 12

7 41Z1200244 AIR CLEANER ELEMENT ASSY 1 500 6






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ANNEXURE C






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ANNEXURE – “D”GENERAL TERMS AND CONDITIONS OF SUPPLY OF STORES

1. Definition;In the interpretation of the Contract and the general and special conditions governing it unless the context otherwiserequires:

I) “Contract” means the invitation of tender, instructions to tenderers, acceptance of tender, particulars and the generaland special conditions specified in the acceptance of tender and includes a repeat order which has been accepted andacted upon by the supplier.ii) The term “SUPPLIER” shall mean the person, firm or company with whom the contract is placed and shall be deemedto include the supplier in successors (approved by the Purchaser) representatives, heirs, executors, administrators andpermitted assignee as the case may be.

Iii) “CONTRACT PRICE’ shall mean the sum accepted or the sum calculated in accordance with the price and / or termsacceptedby or on behalf of the purchaser.

iv) The Chairman – cum Managing Director means Chairman – cum Managing Director of Western Coalfields Limited,Nagpur

v) The term DRAWING shall mean the drawings, the plans specified in or annexed to the schedule of specification.vi) The term “PURCHASE EXECUTIVE” shall mean the purchaser or purchaser named in the schedule to the tender, hisor their successors or assignees.Vii) The term INSPECTOR shall mean any person nominated by or on behalf of the purchaser to inspect supplies,

Stores or works under the contract or his duly authorized agent.Viii) The term PROGRESS OFFICER shall mean any person nominated by or on behalf of the purchaser to visit

supplier’s works to ascertain the position of deliveries of stores purchased.ix) The term MATERIALS shall mean anything used in the manufacture or fabrication of the stores.x) The term PARTICULARS shall mean the following :

• Specification• Drawing• Sealed pattern denoting a pattern sealed and signed by the inspector• Certified or sealed sample denoting a copy of the sealed patter or sample sealed by the purchaser for guidance

of the Inspector.• Trade pattern denoting a standard of the ISI or other standardizing authority of Western Coalfields Limited and /

or a general standard of the Industry and obtainable in the open market.• Proprietary make denoting the product of an individual manufacturer• Any other details governing the construction, manufacturer and or supply as existing in the contract

xi) STORES means the goods specified in the supply order or schedule which the contractor has agreed to supplyunder contract.

xii) The term TEST shall mean such test or tests as are prescribed by the specification or considered necessary by theInspector or any agency acting under direction of the Inspector.xiii) The term SITE shall mean the place or places named in the SUPPLY ORDER or such other place or places at

which any work has to be carried out as may be approved by the purchaser.xiv) Works denoting the persons shall include any company or association or body of individuals whether incorporated

or not.xv) WRITING shall include any manuscript, typewritten or printed statement under or over signature or seal as the case

may be.Xvi) UNIT & QUALITY means the unit and quantity specified in the schedule.Xvii) SUPPLY ORDER or PURCHASE ORDER means an order for supply of stores and includes an order for

performance.





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2. The delivery of stores shall be deemed to take place on delivery of the stores in accordance with the terms of thecontract after approval of stores by the Inspector to:

i. The consignee at his premises orii. Where so provided the interim consignee at his premises oriii. A carrier or other persons named in the contract an interim consignee for the purpose of transmission to the

consignee.2. The consignee at the destination station in case of contracts stipulated for delivery stores at destination station.

3. Words in the singular include the plural and vice-versa.

4. Words denoting the masculine gender shall be taken to include the famine gender and work persons, shall includeany company or association or body of individuals, whether incorporated or not.

5. Terms and expressions not herein defined shall have the meanings assigned to them in the India Sale of Goods Act1930 or the Indian Contract, 1872 or the General Clauses Act 1897 and as amended in respect of all the Acts as thecase may be.

6 (a) Parties:-The Parties to the contract are the supplier and the purchaser named in the schedule or any other

specifically mentioned in the contract.

(b) Address to which communications are to be sent

For all purposes of the contract, including arbitration thereunder, the address of the supplier mentioned in the tendershall be the address to which all communications addressed to the supplier shall be sent, unless the supplier has notifieda change by a change by a separate letter containing no other communication and sent by registered postacknowledgement due to the head of the office placing the supply order. The supplier shall be solely responsible for theconsequence of an omission to notify a change of address in the manner aforesaid.

Any communication or notice on behalf of the purchaser in relation to the contract may be issued to the supplier byPurchase Executive and all such communications and notices may be served on the supplier either by registered post orunder certificate of posting or by ordinary post or by hand delivery at the option of such executive.

7. i. The price quoted shall be either FOR place or Railway station of dispatch, FOR destination. Delivery free to theconsignee, FOB or CIF as specified in the invitation to the tender. All offers from countries other than Purchaser’scountry shall quote on FOB and CIF basis.

ii. In all cases the prices quoted must be net per unit shown in the enquiry and must include all packing and deliverywhere applicable. Refunds on account of returnable packages (if any) are to be separately specified. The priceshould show separately the Foreign Exchange element and the Rupee element for stores to be imported. SalesTax shall be shown separately and whether it is State Sales Tax or Central Sales Tax. If no mention is made aboutSales Tax, it will be assumed to be included in the price quoted.The prices should be included of Excise, or excise duty should be separately mentioned. In case where price isquoted inclusive of excise duty, the rate of quantum of the same should be separately indicated. In case ofcontracts providing for free delivery to the consignee, octroi charges shall be included where leviable.

iii. The price must be stated separately for each item on unit basis.iv. When quotations are made for units other than those specified in the enquiry, the relationships should be stated.v. The prices quoted must be firm and the offers made must remain open for at least four months from the date of





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submitting quotations unless otherwise specified.vi. Tender must invariably be submitted alongwith illustrated literature giving complete and detailed specifications,

particulars etc. of the main unit and of the standard accessories to be supplied with the stores.vii. Tender must clearly specify their recommended spare parts that will be supplied along with the main unit and item

wise prices of the spares parts, also what are fast moving, medium moving, slow moving and insurance sparesand the period upto which they are likely to last.

viii. Printed terms and conditions of the tendering firms shall not be considered as forming part of their tender. In casethe terms and conditions of contract applicable to this invitation to tender are not acceptable to the tenderingfirms, they should clearly specify deviations there from in their tender.

ix. Typed quotations should be submitted. Those containing erasures and over-writings are liable to be rejected. Anycorrections made in the tenders must be initialed by the tenderers, failing which their tenders will not beconsidered.

x. Insurance arrangement will be made as per instructions being issued from time to time by the MaterialsManagement Division of Coal India Limited and / or its subsidiary companies.

8. (i) Samples of each item, if considered necessary, should be submitted simultaneously by the contractor forinspection by Inspector / Inspectors unless the articles under tender are of considerable bulk in which caseseparate arrangement will be made for inspection of the articles offered while considering the quotation.

ii). All samples required for inspection or test shall be supplied by the successful tenderer free of cost.iii). All samples must be clearly labeled with the tenderer’s name, this offer enquiry number and the last date of

opening of tender.

9. a) Subletting and AssignmentThe supplier shall not save with the previous consent in writing of the purchaser, sublet, transfer, assign thecontract or any part thereof or interest therein or benefit or advantage thereof in a manner whatsoever. Providednevertheless that any such consent shall not relieve the supplier from any obligation, duty or responsibility underthe contract.

12. Change in a Firmi. Where the supplier is a partnership firm, a new partner shall not be introduced in the firm except with the

previous consent in writing of the purchaser (which may be granted only as an exception) of a writtenundertaking by the new partner to perform the contract and accept as liabilities incurred by the firm under thecontract prior to the date of such undertaking.

ii. On the death or retirement of any partner of the supplier firm before complete performance of the contract thepurchaser may at his option cancel the contract in such case the supplier shall have no claim whatsoever forcompensation against the purchase.

iii. If the contract is not determined as provided in the sub-clause 1.ii above notwithstanding the retirement of apartner from the firm, he shall continue to be liable under the contract for acts of the firm until a copy of thepublic notice given by him under Section 32 of the Partnership Act has been sent by him to the purchaser byregistered post acknowledgement due.

10. (a) Consequence of BreachShould the supplier or a partner in the supplier firm commit breach of either of the conditions (a) or (b) of thissub-clause, it shall be lawful of the purchaser to cancel the contract and purchase or authorise the purchaser ofthe stores at the risk and cost of the supplier and in that event the provisions of clause 20 shall as far asapplicable shall apply.

( b) The decision of Coal India Ltd. and/or its subsidiary companies as to any matter or thing concerning or arising





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out ofthis sub-clause or any question whether the supplier or any partner of the supplier firm has committed a breach

of anyof the conditions in this sub-clause contained shall be final and binding on the supplier.

11. Use of raw materials secured with Government assistance• Where any raw material for the execution of the contract is procured with the assistance of CIL and or its

subsidiary companies by purchase or under arrangement made or permit, licence, quota certificate or releaseorder issued by or on behalf of or under authority or by any officer empowered in that behalf by law, or is issuedfrom government stock and where advance payments are made to the supplier to enable him to purchase suchraw materials for the execution of the contract, the supplier.

1. Shall hold such material as trustee of Coal India Limited and / or its subsidiary companies2. Shall use such material economically and solely for the purpose of the contract3. Shall not dispose of the same without the previous permission in writing of the purchaser; and4. Shall tender due account of such material and return to the purchaser at such place as the

purchaser may direct all surplus or unserviceable material that may be left after the completion ofthe contract or its termination for any reason whatsoever. On returning such material, the suppliershall be entitled to such price thereof as the purchaser may fix having regarding the condition ofsuch material.

• Where the contract is terminated due to any default on the part of the supplier, the supplier shall pay alltransport charges incurred for returning any material upto such destination as may be determined by CIL and /or its subsidiary companies whose decision shall be final.

• If the supplier commits breach of any of the conditions in this clause specified, he shall, without prejudice to anyother liability, penal or otherwise, be liable to account to CIL and or its subsidiary companies all money,advantages of profits accruing from or which in the usual course would have accrued to him by reasons of suchbreach.

• Where the stores manufactured or fabricated by the supplier out of the materials arranged or procured by or onbehalf of Coal India Limited and / or its subsidiary companies are rejected the supplier shall, without prejudiceto any other right or remedy of the Government, pay to the Government on demand the cost price or marketvalue of all such materials whichever is greater.

12. The tenderers in case of imported items, shall clearly mention in the question that in the event of the supplyorder being placed with them, they shall arrange for supply within a reasonable period of all necessarymaintenance tools and spares parts that may be required from time to time during the normal life of themachines, on a continuous basis and at a price not in excess of the landed cost at their premises plus a statedpercentage differential (such a differential should be indicated) and proper servicing of the main unit supplied bythem as and when required. In case there is a Rate Contract with the DGS&D supply be made at the RC rates.

13. The tenderers shall give a warranty of satisfactory performance of the unit offered by them for a period of 12months from the date of commissioning or 18 months from the date of receipt and acceptance by CIL and / or itssubsidiary companies. The supplier shall be responsible for any defects that they develop under the conditionsprovided for by the contract and under proper use, arising from faulty materials, design or workmanship and shall





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remedy such defects at his own cost when called upon to do so. If it becomes necessary for the supplier toreplace or renew any defective portion of the goods, such replacement or renewal should be made by the supplierwithout any extra cost to Coal India Limited and / or its subsidiary company.

14. For orders placed directly on overseas suppliers, the tenderers should separately indicate whether their pricesquoted include any commission for the manfuactuer’s agents in India and the amount of remuneration for theagent included in the quoted pricePrice shall include:

a) The service that will be rendered by them as manufacturer’s agentb) The name and address of agents, if any, in India, andc) The agency commission or remuneration or freight in case FOR prices are accepted will be paid in Rupees in

India15. On acceptance of the tender, a formal acceptance of tender or supply order will invariably be issued. Advance

intimation in writing of acceptance of the tender will be given whenever considered necessary by the saidauthority. In case an advance intimation has been given, the formal acceptance of tender of supply order shallfollow in due course, but immediate action towards execution of supply order shall be taken on receipt of theadvance intimation.

16. Earnest Money/ Security Money:a) The value of Earnest Money to be deposited by the tenderer should be 2% ( Two Percent ) of thevalue of the estimated cost tendered for or Rs.10,00,000/- ( Rupees ten Lakhs only ) whichever islower.Earnest Money Deposit (EMD) should be in the form of E- Payment as per NIT . For unsuccessfultenderer, EMD shall be refunded immediately after finalisation of the tender. EMD shall be forfeited ifany tenderer withdraw their offer before finalisation of the tender or fails to submit order acceptancewithin 15 days from the date of order.

b) In case of Security Deposit , two weeks time (15 days) shall be given in the order to the successfultenderer to furnish the security deposit. In case the firm fails to deposit the security money, the ordershall be cancelled and the case shall be processed to order elsewhere and the firm’s performance isto be kept recorded for future dealings with them.The value of Security Money to be deposited by the successful tenderer in the form of Bank Draft /Bank Guarantee of any scheduled bank shall be 10% ( Ten Percent ) of the value of the awardedcontract ( LANDED VALUE ) without having any ceiling.For successful tenderer, Security Money will be refunded to the firm within 30 days of satisfactoryexecution of the contract. For unsatisfactory performance and / or contractual failure, the securitymoney shall be forfeited.

Security Money may be converted into Performance Bank Guarantee ( PBG ) wherever PBG required.However, in such case the amount of PBG should not be less than 10% ( Ten percent ) of landedvalue of order.





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c) Valid DGS&D / NSIC registered (for the tendered items) firms on producing documentaryevidence i.e. NOTARISED complete photocopy of valid DGS&D / NSIC registration certificateare exempted from submission of EMD / security Deposit. However, NSIC registered firms shall beexempted from Security Deposit only upto their monetary limit, if any, indicated in the registrationcertificate. In case value of order placed is above such monetary limit indicated in theregistration certificate, the successful tenderer have to furnish the security deposit in the form ofBank Draft / Bank Guarantee of any schedule bank for 10% of the order value over such monetarylimit. DGS&D registered firm shall be exempted from submission of EMD / Security deposit on thebasis of guidelines of DGS&D provided in DGS&D website in this respect.d) State / Central Govt. organization / PSUs are exempted from submission of EMD / Securitydeposit.e) WCL Ancillaries (for the tendered items) are exempted from payment of Earnest Money /Security Deposit.f ) For procurement value less than Rs. 1,00,000/- no earnest money / security deposit will be required.

17. Inspection and RejectionGenerally the stores shall be of the best quality and workmanship and comply with the contract or supply orderin all respect. The stores supplied shall be in accordance with specification unless any deviation is authorisedand specified and specified in the contract or supply order or any amendment thereof.

a) Facilities for Test and ExaminationThe supplier shall, at his own expenses, afford to the Inspector all responsible facilities and such accommodation asmay be necessary for satisfying it, that the stores are being and/or have been manufactured in accordance withparticulars. The Inspector shall have full and free access at any time during the execution of the contract to thesuppliers work for the purpose aforesaid, and he may require the supplier1. Cost of TestThe supplier shall provide without any extra charge, all materials, tools, labour and assistance of every kind whichthe inspector may demand from him for any test, and examination, other than special or independent test, which heshall require to be made on the supplier’s premises and the supplier shall bear and pay all costs attendant thereon.If the supplier fails to comply with the conditions aforesaid, the Inspector shall in consultation with the purchaser, beentitled to remove for test and examination all or any of the stores manufactured by the supplier to any premisesother than his (suppliers) and in all such cases the supplier bear the cost of transport and/or carrying out such testselsewhere. A certificate in writing of the Inspector that the supplier has failed to provide the facilities and the means,for test and examination shall be final.c) Delivery of Stores for TestThe supplier shall also provide and deliver the test free of charge, at such place other than his premises as theInspector may specify, such materials or stores as he may require.

d) Liability for Costs of Laboratory TestIn the event of rejection of stores or any part thereof by the Inspector in consequence of the sample thereof, whichremoved to the laboratory or other place of test, being found on test to be not in conformity with the contract or in theevent of the failure of the supplier for any reason to delivery the stores passed on test within the stipulated period,





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the supplier shall, on demand pay to the purchaser all costs incurred in the Inspection and/or test cost of the testshall be assessed at the rate charged by the laboratory to provide persons for similar work.a) Method of TestingThe Inspector shall have the right to put all the stores or materials forming part of the same or any part thereof tosuch tests as he may think fit and proper. The supplier shall not be entitled to object on any ground whatsoever tothe method of testing adopted by the Inspector.b) Stores Expended in TestUnless otherwise provided for in the contract, all stores/materials expended in test will be to suppliers account.c) Inspector – Final Authority and to Certify Performance• The Inspector shall have the powerBefore any stores or part thereof are submitted for inspection to certify that they can not be in accordance with thecontract owing to the adoption of any unsatisfactory method of manufacturer.

• To reject any stores submitted as not being in accordance with the particulars.

• To reject the whole of the installment tendered for inspection, if after inspection of such portion thereofas he may in his discretion think fit, he satisfied that the same is unsatisfactory; and

• To mark the rejected stores with a rejection mark so that they may be easily identified if re-submitted.v) Consequence of RejectionIf on the stores being rejected by the Inspector or consignee at the destination, the supplier fails to make satisfactorysupplies within the stipulated period of delivery, the purchaser shall be at liberty to “

• Allow the supplier to resubmit the stores, in replacement of those rejected, within a specified time, the suppliersbearing the cost of freight, if any, on such replacement without being entitled to any extra payment on theaccount; or

• Purchase or authorise the purchase of quantity of the stores rejected or so others of a similar description (whenstores exactly complying with particulars opinion of the purchase executive which shall be final, readilyavailable) without notice to the supplier’s liability as regards the supply of any further installment due under thecontract; or

• Cancel the contract and purchase or authorise the purchase of the stores or others of a similar description(when stores exactly complying with particulars are not in the opinion of the purchaser, which shall be finalreadily available) at the risk and cost of the supplier. In the event of action being taken under sub-clause (ii)above or this sub-clause in the provisions of clause 20 shall apply as far as applicable.

( i ) Inspector’s Decision as to Rejection FinalThe Inspector’s decision as regards the rejection shall be final and binding on the supplier.(j) Where under a contract, the price payable is fixed on FOR station of despatch basis, the supplier shall, if thestores are rejected at destination by the consignee, be liable in addition to other liabilities to reimburse to thepurchaser the freight paid by the purchaser.(k) Notification of Result of InspectionUnless otherwise provided in the specification or schedule, the examination of the stores will be made as soon aspracticable after the same have been submitted for inspection and the result of the examination shall be notified tothe supplier.





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(l ) Marking of StoresThe supplier shall if so required, at his own expense mark or permit the Inspector to mark all the approved storeswith a recognised Government or purchaser’s mark. The stores which can not be so marked shall, if so required bythe Inspector, be packed in suitable package or cases each of which shall be sealed and marked with such mark.(m) Removal of Rejection

1. Any stores submitted for inspection at a place other than the premises of the supplier and rejected shall beremoved by the supplier subject as hereinafter provided within 14 days of the date of receipt of intimation ofsuch rejection. If it is proved that letter containing such intimation is addressed and posted to him at theaddress mentioned in the schedule, it will be deemed to have been served on the supplier at the time whensuch letter would in the course of ordinary post reach the supplier. It shall be competent for the Inspector tocall upon the supplier to remove what he considers to be dangerous, infected or perishable stores within 48hours of the receipt of such intimation.

2. Such rejected stores shall under all circumstances lie at the risk of the supplier for the moment such rejectionand if such stores are not removed by the supplier within the period aforementioned, the Inspector/Purchasermay either return the same to the supplier at his risk and cost a public tariff rate by such mode of transport asthe purchaser or Inspector may select, or dispose of such stores at the supplier’s risk on his account andretain in such portion of the proceeds as may be necessary to cover any expense incurred in connection withsuch disposal. The purchaser shall also be entitled to recover handling and storage charges for the periodduring which the rejected stores are not removed.

( n ) Inspection NotesOn the stores being found acceptable by the Inspector, he shall furnish the supplier with necessary copies ofinspection note duly completed, for being attached to the supplier’s bill thereof.

18. Packing and Transportv. It shall be the responsibility of the successful tenderers to arrange for the stores being sufficiently and properly

packed for transport by Rail, Road or Sea as the case may be so as to their being free from loss or injury onarrival at destination. The packing of the stores shall be done at the expense of the successful tenderer.

vi. The successful tenderer is responsible for obtaining a clear receipt from the transport authorities specifying thegoods despatched. He will not book any consignment on a “said to contain” basis. If he does so, he does it onhis own responsibility. Western Coalfields Limited shall pay for only such stores as are actually received bythem in accordance with the contract.

vii. All packing cases, containers, packing and other similar materials shall be supplied free by the successfultenderer and shall not be returned unless otherwise specified in the contract/supply order.

viii. Packages must be so marked that identification is made easy. Packages will be stamped with identificationmarks both outside the packages as well as on the contents inside. Packages containing articles liable to bebroken by rough handling like glass or machinery made of cast iron will be marked with cautionary works like‘Fragile’ , ‘Handle with care’. Weight of each packages will be marked on the package.

ix. A complete list of contents in each package called the packing list will be prepared and one copy will be packedin the package itself and another copy will be forwarded to the consignee in advance.

19. Delivery: The time for and the date of delivery of the stores stipulated in the ‘Purchase Order’ shall bedeemed to be the essence of the contract and delivery of the stores must be completed by the date specified.





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20. Liquidated Damages :

In the event of failure to deliver the stores within the stipulated date / period in accordance with the samples and/ or specifications mentioned in the supply order and in the event of breach of any of the terms and conditionsmentioned in the supply order, Coal India Limited and / or its subsidiary Companies should have the right :-

a. To recover from successful tenderer, as agreed liquidated damages, a sum not less than 0.5% of the price ofthe store which successful tenderer has not been able to supply (for this purpose part of a unit supplied will notbe considered) as aforesaid for each week or part of a week during which the delivery of such stores may be inarrears limited to 10 %. Where felt necessary the limit of 10% can be increased to 15% at the discretion ofHead of the Materials Management Division

b. To purchase from elsewhere, after due notice to the successful tenderer, on the account and at the risk of thedefaulting supplier the stores not supplied or others of a similar description without canceling the supply order inrespect of consignment not yet due for supply or

c. To cancel the supply order or a portion thereof, and if so desired, to purchase the store at the risk and cost ofthe defaulting supplier and also

d. To extend the delivery period with or without imposition of Liquidated Damages as may be considered fit andproper. The penalty if imposed shall not be more than the agreed liquidated damages referred to clause (a)above.

e. To forfeit security deposit in full or part.

f. Whenever under the contract a sum of money is recoverable from and payable by the supplier, WesternCoalfields Limited, shall be entitled to recover such sum by appropriating, in part or in whole by deducting anysum or which at any time thereafter, may become due to the successful tenderer in this or any other contract,with Western Coalfields Limited. Should this sum be not sufficient to cover the full amount recoverable, thesuccessful tenderer shall pay to Western Coalfields Limited, on demand the remaining balance. The suppliershall not be entitled to any gain on any such purchase.

21. Force Majeure Condition : If the execution of the contract / supply order is delayed beyond the period stipulated inthe contract / supply order as a result of outbreak of hostilities, declaration of any embargo or blockage, or fire,flood, acts of nature or any other contingency beyond the suppliers’ control due to act of God then CIL or itssubsidiary Companies may allow such additional time by extending the delivery period, as it considers to bejustified by the circumstances of the case and its decision shall be final. If and when additional time is grantedby the CIL and its subsidiary companies, the contract / supply order shall be read and understood as if it hadcontained from its inception the delivery date as extended.

22. Inspection :The supplier shall allow reasonable facilities and free access to his works and records to the Inspector,Progress Officer or such other Officer nominated for the purpose. Inspector of stores, i.e supplies made by thesuccessful tenderer against the supply order mentioned at (15) above, shall be carried out by the Inspector /Consignee at the Colliery site/ stores or by the Inspecting Wing (inclusive of all its branch officer) of the DGS&D,New Delhi or any other agency as may be specified in the supply order. Where necessary, inspection may becarried out at the supplier’s premises.

23. Coal India Ltd and / or its subsidiary companies do not bind itself to accept the lowest or any tender and reserves





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to itself the right of accepting the whole or any part of the tender or portion of the quantity offered and the tenderershall supply the same at the rate quoted.

24. The supplier shall at all times indemnify CIL and its subsidiary companies against all claims which may be made inrespect of the supplies for infringement of any right protected by patent, Registration of Design, or Trade Mark,provided that in the event of any claim in respect of alleged breach of Letter Patent, Registered Design, or TradeMark being made against CIL and / or its subsidiary companies, the said authority shall notify the supplier of thesame and the supplier shall be at liberty at his own expense to settle any dispute or to conduct any litigation thatmay rise there from

25. Carrying vessels for Imported ItemsIn case of machinery imported from abroad, it is preferable that shipment should be affected in Indian Vessels,wherever possible. Supplies will however not be delayed on this account.

26. Freight :The stores shall be dispatched at Public tariff rates in the case of FOR station of dispatch contract and thestores shall be booked at full wagon rates whenever abvaiable and by the most economical route or by themost economical tariff available at the time of dispatch as the case may be. Failure to do so will render thesupplier liable for any avoidable expenditure causes to the purchaser.Where alternative routes exist, CIL and or its subsidiary companies shall, if called upon also to do indicate themost economical route available or name the authority whose advice in the matter should be taken and actedupon. If any advice of any such authority is sought his decision or advice in the matter shall be final and bindingon the supplier

27. Passing of Property. :Property in the stores shall not pass to the purchaser unless and until the stores have been delivered to theconsignee or interim consignee as the case may be in terms of the contract.

28. Laws Governing the Contract.a) This contract shall be governed by the Laws of India for the time being in forceb) Irrespective of the place of delivery, the place of performance of place of payment under the contract, thecontract shall be deemed to have been made at the place from which the acceptance of tender or supply orderhas been issued.c) Jurisdiction of CourtsThe courts of the place from the acceptance of tender has been issued shall alone have jurisdiction to decide anydispute arising out of or in respect of the contract.d) Marking of StoresThe marking of the stores must comply with the requirement of the law relating to merchandise marks for the timebeing in force in force in India.

29. Corrupt Practices• The supplier shall not offer or give or agree to give to any person in the employment of the purchaser

or working under the orders of Coal India Ltd. and/or its subsidiary companies any gift or consideration of anykind as an inducement or reward for going or forbearing to do or for having done or forborne to do any act inrelating to the obtaining or execution of the contract or any other contract with the purchaser or for showing orforbearing to show favour or disfavour to any person in relation to the contract or any other with the Purchaser.





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Any breach of the aforesaid condition by the supplier or any one employed by him or acting on his behalf(whether with or without the knowledge of the supplier) or the Commission of any offence by the supplier or byany one employed by him or acting on the behalf under Chapter IX of the Indian Panel Code, 1860 or thePrevention of Corruption Act, 1947 and any amendments thereto or any other Act enacted for the prevention ofcorruption by Public Servants shall entitle Coal India Limited and or its subsidiary companies to cancel thecontract and all or any other contract with the supplier and to recover from the supplier the amount of any lossarising from such cancellation in accordance with the provisions of Clause 20.

• Any dispute or difference in respect of either the interpretation effect or application of the abovecondition or of the amount recoverable, the re-under by the purchaser from the supplier shall be decided byCoal India Limited and its subsidiary companies whose decision shall be final and binding on the supplier.

30.Insolvency and Breach of Contractα) Coal India Limited and or its subsidiary companies may at any time by notice in writing, similarly determine thecontract without compensation to the supplier in any of the following events that is to say –

If the supplier being an individual or if a firm any partner thereof shall at any time be adjudged insolvent or shallhave a receiving order or order of administration of his estate made against him or shall take any proceeding forcomposition under any Insolvency Act for the time being in force or make any conveyance or assignment of hiseffects or enter into any arrangements or composition with his creditors or suspend payment or if the firm bedissolved under the Partnership Act.

β) If the supplier being a company is wound up voluntarily by the order of a court or a receiver, Liquidating Manageron behalf of the Debenture-Holders is appointed or circumstances shall have arisen which entitles the court orDebenture-Holders to appoint a Receiver, Liquidator or Manager.

χ) If the supplier commits any breach of the contract not herein specifically provided for – Provided always that suchdetermination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter tothe purchaser and provided also the supplier shall be liable to pay to the purchaser for any extra expenditure he isthereby put to and the supplier shall under no circumstances be entitled to any gain on repurchase.

31. Terms of Payment:1. For all stores, 100% payment should be made on receipt of the consignment at site and acceptance by the

consignee as per actual payment term stipulated in the contract. The number and date of Railway receipt, Bill ofLading, Air Way Bill or Consignment Note under which the goods charged for in the bill are dispatched byRailway, ship, Air or Road respectively, and the number and date of the letter with which such Railway Receipt,Bill Lading, Air Way Bill or Consignment Note is forwarded to the consignee should on bill. In the case of storesdispatched by post, the postal receipt should be attached in original to the bill and its number and date quotedtherein.

2. Payment against the supply orders placed either by the Subsidiary Company of by CIL shall be arranged by theSubsidiary companies, if not specified otherwise. Wherever order is placed by CIL on any foreign supplierinvolving requirement of more than on subsidiary co., payment shall be arranged by CIL normally through Letterof Credit.

3. Payment for Agency Commission, if any, involved, may be considered in case of necessity, subject tocompliance of the Government of India Guidelines issued from time to time. The name of the Indian Agent withtheir full address and the quantum of Agency Commission, if any, payable, shall have to be mentioned in thesupply order itself.

4. Payment from CIL may also be considered, if felt necessary, by the CIL management, even though order isplaced against the requirement of one subsidiary company by CIL





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5. Specific payment term may be formulated in accordance with the provision laid down (as applicable) at Chapter– IX of the Purchase Manual.

32. Progress Reporta) The supplier shall from time to time render such reports concerning the progress of the contract and or

supply of the stores in such form as may be required.b) The submission, receipt and acceptance of such reports shall not prejudice the right of the purchaser

under the contract, nor shall operate an estoppel against the purchaser merely by reason of the factthat he has not taken notice of or objected to any information contained in such report.

33. All disputes arising out of this contract shall be under the jurisdiction of Nagpur court only and as per the “law ofthe land”.





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Annexure - FFORMAT FOR PERFORMANCE BANK GUARANTEE

1. In consideration of M/s. Western Coalfields Limited, Nagpur (hereinafter called “The Company”) having agreed toexempt____________________________(hereinafter called “The said Contractor(s)”) from the demand, under the termsand conditions of the agreement dated___________made between_______________________________and______________________________for______________________________(herein called “ the said Agreement”), ofsecurity deposit for the due fulfilment by the said contractor(s) of the terms and conditions contained in said Agreement,on production of bank guarantee for Rs.______________ (Rupees_____________________________________only).We____________________________________ (indicate the name of bank (hereinafter referred to as “the Bank”) at therequest of __________________________________ (Contractor(s) do hereby undertake to pay to the Company anamount not exceeding Rs.______________________________against any loss or damage caused to or suffered orwould be caused to or suffered by the Company by reasons of any breach by the said Contractor(s) of any terms orconditions contained in the said Agreement.2. We,_______________________________________________________do hereby undertake to pay the amounts due

(indicate the name of the Bank)and payable under this guarantee without any demur, merely on demand from the Company stating that the amount

claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reason ofbreach by the said contractor(s) of any of the terms or conditions contained i the said agreement or by reason of thecontractor(s)'s failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regardsthe amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall berestricted to an amount not exceeding Rs. ___________________________________only.

3. We undertake to pay to the Company any more so demanded notwithstanding any dispute or disputes raised by thecontractor(s) supplier(S) in any suit or proceeding pending before any court or tribunal relating thereto our liability underthis present being absolute and unequivocal :The payment so made by under this bond shall be valid discharge of our liability for payment thereunder and thecontractor(s)/supplier(s) shall have no claim against us for making such payment.4. We,_______________________________________________________further agree that the guarantee

(indicate the name of the Bank)herein contained shall remain in full force and affect during the period that would be taken for performance of the saidAgreement and that it shall continue to be enforceable till all the dues of the company under or by virtue of the saidAgreement have been fully paid and its claims satisfied or discharged or till the company certified that the saidagreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee.The guarantee shall remain in force till the _________the day of _______201 ____ and unless a demand or claim underthe guarantee is made on us in writing within 3 months from the said date, shall be discharged from all liabilities underthis guarantee thereafter.We,_______________________________________________________further agree with company that the

(indicate the name of the Bank)company shall have fullest liberty without our consent and without affecting in any manner our obligations, hereunder tovery any of the terms and conditions of the said agreement or to extend time of performance by the said contractor(s)from time to time or to postpone for any time or from time to time any of the powers exercisable by the company againstthe said contractor(s) and to for bear or enforce any of the terms and conditions relating to the said agreement and weshall not be relieved from our liability by reasons of any such variations, or extension being granted to the saidcontractor(s) or for any forbearance, act or commission on part of the company or any indulgence by the company to thesaid contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for thisprovision, have effect of so relieving us.6. This guarantee will not be discharged due to the change in constitution of the bank or the contractor(s)/supplier(s).7. We_______________________________________________________lastly undertake not to revoke this guarantee

(indicate the name of the Bank)during its currency except with the previous consent of the company in writing.

Dated the _____________________day of _____________2013For_________________________________________________

(indicate the name of the Bank)

* * * * *

Documents

Under Jurisdiction of Nagpur Court Only WESTERN COALFIELDS ...westerncoal.gov.in/sites/default/files/userfiles/S O NO 40331159-A... · “Under Jurisdiction of Nagpur Court Only