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BARMER LIGNITE MINING COMPANY LIMITED
(NIT No – BLMCL/MD/JPR/15-16/001 dated 07/04/2015)
Tender
for
Construction of Bhojanshala
Page 1 of 20
Office of the Associate Vice President,
Barmer Lignite Mining Company Limited,
B-13, 14, RIICO Industrial Area
Opposite Rajasthan State ware House
Barmer – 344 001
Cost of Tender Document: Rs. 500/-
Contact Person at Barmer:
Mr. Amrendra Kumar
AVP (Operations)
Mobile: +91 8094005350
Phone: +91-2982-221049
Fax: +91-2982-223659
E-mail: [email protected]
Contact Person at Jaipur:
Mr. Nitesh Gangwal
Company Secretary
Mobile: +91 9983320648
Phone : +91-141-2369772
Fax : +91-141-2369774
E-mail: [email protected]
Page 2 of 20
Ref: BLMCL/MD/JPR/15-16/001
Date: 07-04-2015
Introduction
Barmer Lignite Mining Company Limited (BLMCL), a company incorporated under
Companies Act, 1956, as a step in the direction of upliftment and growth of the
community, has been performing various Activities around Kapurdi – Jalipa Lignite
Projects and within District of Barmer, as part of its Corporate Social Responsibility
(CSR). The Company presently, as part of CSR is providing Medical & Health
facilities, Education, Potable Water, etc. in the surrounding areas of Kapurdi and
Jalipa Lignite Blocks. The Company is also taking steps for preservation of the
Environment and contributing towards the Development of community infrastructure
in various ways.
The Company, with a view to contributing towards the upliftment of handicapped,
blind, deaf and physically & mentally challenged children has allied itself with Society
to uplift Rural Economy (SURE), an NGO which is running a residential school for
such children in Barmer.
“SURE” has requested BLMCL to provide help & assistance to them by way of
construction of a Bhojansala at their premises at Barmer. BLMCL has agreed to this
request and decided to provide such assistance to “SURE” for the benefit of
handicapped, blind, deaf and physically & mentally challenged children.
The company is therefore looking for reputed Civil Contractors having vast
knowledge, experience and credibility in Construction of Civil Buildings at the School
run by “SURE” at Barmer, Rajasthan.
In this regard, sealed bids are invited from the reputed Civil Contractors having vast
knowledge, experience and credibility in Construction of Civil Buildings. The
Bhojansala is to be constructed at Society to Uplift Rural Economy (SURE), Post
Box No. 29, Gurudwara Road, Barmer, Rajasthan.
Page 3 of 20
Brief details of the tender are as under:
S. No.
Name of work
EMD (Rs.)
Completion
time
1.
Construction of Bhojanshala as per
BOQ mentioned in Annexure – A.
80,000
90 Days
Tender document can be collected from the office of undersigned or from Jaipur
Office at Office No. 2 & 3, 7th Floor, Man Upasana Plaza, C-44, Sardar Patel
Marg, C-Scheme, Jaipur – 302001 on payment of Rs. 500/- only (Non-refundable)
through Demand Draft in favor of Barmer Lignite Mining Company Limited payable at
Jaipur, on any working day from 07-Apr-2015 to 05-May-2015 during office hours
from 9.30 AM to 6.00 PM. Bid documents is also available to prospective bidders on
portal http://blmcl.in/tenders.shtml for viewing and downloading. The bidders
downloading the bid from the portal will be required to deposit a bank draft of Rs.
500/- drawn in favour of Barmer Lignite Mining Company Limited payable at Jaipur.
The bidders, in their own interest are requested to read very carefully the bid
document before submitting their bid up to the time & date as specified below.
Bids would be submitted at our Jaipur Office, 2 & 3, 7 th Floor, Man Upasana Plaza,
C-44, Sardar Patel Marg, C-Scheme, Jaipur - 302001. The bids will be received up
to 3.30 PM of 06-May-2015 and opened on same day at 4.00 PM in the Jaipur
Office.
The Earnest Money Deposit should be deposited in the form of Bank draft drawn in
favour of Barmer Lignite Mining Company Limited payable at Jaipur along with
submission of Qualification Bid. Any offer, not accompanied with EMD will be
summarily rejected. Bid should be submitted in two parts i.e. Envelop-I & Envelop-II
duly super-scribed with NIT Nos. Envelop-I shall contain the Qualification Bid
(without price bid) along with other documents as mentioned hereinbelow while
Envelop-II shall contain only the Price Bid. Both envelops shall further be enclosed in
a single Envelop which will be super scribed with name and address of tenderer,
tender number and with date of opening.
Earnest Money Deposit:
The Earnest Money of Rs.80000/- to be deposited shall not carry any interest and
shall be refunded to those bidders who do not qualify, after opening of price bid. For
the successful Bidder, Earnest Money Deposit, unless otherwise adjusted or
appropriated in accordance with the terms hereof, shall be returned after completion
of one year from the date of successful commissioning of the project.
Page 4 of 20
Contents and Submission of Bids:
Envelop No. I shall contain the following:
1.
EMD
2.
Copy of registration certificate with State/ Central Govt.
3.
Attested copy of the articles of association/proprietary Certificate/partnership
deed as applicable
4.
Photo copy of power of Attorney/Board Resolution authorizing the person to
represent the contractor.
5.
Sales tax Registration Certificate/ TIN No.
6.
Service tax Registration certificate
7.
Copy of PAN and latest income tax return.
8.
Certificate of un-conditionality of the Bid (As per Annexure – C on the letter
head of the bidder)
9.
Proof of Experience as per the Bidder’s Qualification criteria mentioned
below. The bidder shall enclose the copies of earlier Work Orders,
Completion Certificates, and Bill Copies etc.
10. In case of downloading of tender from BLMCL portal, a bank draft of Rs.
500.00 drawn in favour of Barmer Lignite Mining Company Limited payable
at Jaipur.
Envelope II shall contain the Price Bid only. Price bid should be submitted in
the proforma enclosed as Annexure-B.
Bidder’s Qualification Criteria:
The bidder must have in its own name successfully completed similar civil
construction work of buildings during last 3 years. Eligibility should be either of the
following:
(a)
Three civil building construction works each valuing not less than Rs. 15.00
Lacs.
OR
(b)
Two civil building constructions works each valuing not less than Rs. 25.00
Lacs.
Page 5 of 20
Other Instructions to the Bidders:
1.
All document enclosed in Part/Envelope-I must be legible, duly stamped with
their company/ firm seal and signed properly by the person authorized by the
contractor for submission of the bid.
2.
Design and BOQ of the proposed work are given in Annexure–A.
3.
Price Bids will be considered only in the prescribed form.
4.
Bids not submitted in the prescribed format will be summarily rejected. Also,
bidders should refrain from providing the information which is not relevant.
5.
All the communication / correspondence including the bid document
Part/Envelope–I (Qualification Bid) & Part/ Envelope –II (Price Bid) must be
signed and stamped on each page by the designated authorized
representative of the bidder failing which the bid will be summarily rejected.
6.
BLMCL reserves the complete right to accept or reject all the offers without
assigning any reasons whatsoever.
7.
No further discussion / interaction will be held with the bidders whose bids
have been disqualified / rejected by BLMCL.
8.
In case, any dispute arises with regard to interpretation of any of the terms of
this document, the bids submitted or documents submitted with the bid; the
decision of the Managing Director, BLMCL will be final and binding upon the
bidders.
9.
Interested bidders may obtain further information from the office of the
Associate Vice President, BLMCL, Barmer or from Jaipur Office of BLMCL,
on any working day from 07-Apr-2015 to 05-May-2015 between 9.30AM
to 6.00PM.
10. Bid shall be kept valid for 90 days from the last date of submission of the bid.
Bid with validity for shorter period shall be liable for rejection. The bid shall
be a non-conditional bid and a certificate to the effect for unconditional
validity of the Bid in the form prescribed in Annexure-C shall be signed and
submitted along with the Qualification bid.
11. The bidder shall ensure that bid is furnished / submitted strictly in the
prescribed manner.
12. Part/ Envelope-II, only of such bidders who qualify after opening of
Part/Envelope –I bids shall be opened. Part/ Envelope -II of bidders, who do
not qualify after opening of Part/ Envelope-I, shall not be opened under any
circumstances and will not be returned to the bidder(s).
Page 6 of 20
13. The Price Bid shall be inclusive of all applicable taxes, duties and/or any
other government levy that may be attracted in the work of construction of
Bhojansala.
Page 7 of 20
CONTRACT TERMS
Effective Date of Contract:
Time is the essence of the contact and the effective date of contract shall be
the date of placing of the Work/Purchase Order by BLMCL.
Scope of Work:
Construction of Bhojanshala as per BOQ mentioned in Annexure-A
Terms of Payment:
No advance shall be paid.
Monthly running Bills shall be raised by the Contractor after obtaining
certification of Acceptance from the representative authorized by BLMCL for
this purpose.
The payment against the running Bill shall be made up to 75% of the total
executed work, duly certified by the BLMCL authorized representative (after
deduction of income tax, Works Contract tax, other deductible taxes & duties
and 10% of contract value towards retention money wherever applicable) within
30 days of submission of the duly certified Bill and balance may be paid after
completion and handover of the project.
Retention Money / Performance Bank Guarantee:
10% of the total contract value shall be retained from the Bill by BLMCL against
warranty for construction/ installation defects. The retention money shall be
released after one year of successful commissioning of the project.
Alternatively, the contractor may submit a Performance Bank Guarantee from a
Bank acceptable to BLMCL, valid for a period of one year from the date of
successful commissioning of the Project, equivalent to an amount of 10% of the
contract value, in the form prescribed at Annexure-D. In case such Bank
Guarantee is furnished, the retention amount shall be released by BLMCL.
Duties and Taxes:
All prevalent and future taxes, duties & other government levies shall be to the
contractors account.
Liquidated Damages for Delay:
If the contractor fails to complete the work to the entire satisfaction of BLMCL
within 90 days from the effective date (or any such further period as may be
Page 8 of 20
permitted by BLMCL) due to reasons attributable to the Contractor, Liquidated
Damages equivalent to 0.5% of the contract price per week of delay or part
thereof (subject to a maximum of 5% of contract value) shall be levied, not by
way of penalty, but being a genuine pre-estimate of the loss occasioned by
such delay. The recovery of Liquidated Damages shall be made by making a
deduction from any of the amounts due or payable or refundable to the
Contractor by BLMCL.
Risk Purchase:
Time shall be the essence of the contract and if at any stage BLMCL is of the
opinion that delay is taking place or is likely to take place in the Construction of
Bhojanshala, BLMCL, without prejudice to any other right available to it, shall
be at liberty to have the work performed from another agency entirely at the
risk, cost and expenses (including incidental expenses) of the Contractor. This
shall be done by BLMCL at a negotiated rate and any extra expenditure
incurred on this account by BLMCL shall be recovered from the Contractor. The
recovery may be made, inter-alia from the EMD.
Indemnity:
The contractor shall indemnify and hold harmless BLMCL and its employees
and officers from and against any suits, actions, administrative proceedings,
claims, demands, losses, damages, costs and expenses of whatsoever nature,
including attorney’s fees and expenses, which BLMCL may suffer or incur as a
result of any breach of obligations; or any other action(s) by the contractor or its
employees in relation to the work.
Insurance:
Insurance of material during transit from manufacturer/ supplier to site and
during period of installation and commissioning shall be the responsibility of the
Contractor and the cost of the same shall be borne by the Contractor. Any
liability/loss of material due to theft etc. during the period of contract till
successful completion of the project shall entirely be the Contractor’s
responsibility.
Compliance of Applicable Laws:
The Contractor shall comply with the provisions of all applicable Laws,
governmental guidelines and directions including the provisions of The
Minimum Wages Act, The Workmen Compensation Act during execution of the
contract and shall be responsible for obtaining any license, registration or other
approval that may be required in connection with the Contract.
Page 9 of 20
No sub-contracting:
The Contractor shall not appoint a sub-contractor to perform the obligations
under the Contract, either in whole or in part, without the prior written consent
of BLMCL.
Arbitration:
In the event of any dispute(s)/difference(s)/claim(s) arising between the
Contractor and BLMCL relating to or arising out of the various terms, conditions
and obligations set forth in this Contract, the same shall be referred for
adjudication to a Sole Arbitrator to be appointed by the MD, BLMCL. The
Contractor expressly waives its right to question the appointment of the sole
arbitrator on the ground that the Appointing Authority is the MD of BLMCL. The
venue of arbitration shall be Jaipur.
Jurisdiction:
The competent court of Jaipur alone shall have exclusive jurisdiction to
entertain any application pertaining to the Arbitration proceedings in relation to
this Contract.
For Barmer Lignite Mining Company Limited
(Amrendra Kumar)
AVP (Operations)
Barmer Lignite Mining Company Limited
B-13, 14, RIICO Industrial Area
Opposite Rajasthan State ware House
Barmer – 344 001 Rajasthan
Page 10 of 20
Annexure – A
CONSTRUCTION OF TWO DINING HALLS & ONE KITCHEN
S. No.
Particulars of Item
1.
Foundation to Plinth level
Earth work in excavation of foundation trenches or drain
including dressing of sides and ramming of bottoms, lift up
to 1.5 mtr. Including taking out the excavated soil and
depositing and refilling of jhiri with watering & ramming
and disposal of surplus excavated soil as directed with in
a lead of 50 mtr. All kinds of soil earth work
2.
P & L in position cement concert including curing,
compaction etc. complete in specified grade excluding the
cost of centering and shuttering. All work up to plinth level.
Cement concert for foundation 1:4:8 (1 cement : 4 coarse
sand: 8 graded stone aggregate 40mm nominal size).
Cast-in Situ
3.
R R Stone masonry for foundation and plinth in cement
sand mortar above 30 cm thick wall in: Cement Mortar 1:6
(1 cement : 6 sand). General Stone Masonry Work
4.
P & L Reinforced cement concert work in walls (any
thickness) including attached pilasters, buttresses, plinth
and string courses, fillets, columns, pillars, piers,
abutments, posts and struts etc. up to floor three level
including curing, compaction, finishing with rendering in
cement sand mortar 1:3 (1 cement: 3 coarse sand) and
making good the joints excluding cost of centering
shuttering and reinforcement: RCC work for DPC M 15
1:2:4 (1 cement: 2 coarse sand: 4 graded stone aggregate
20mm nominal size) Cast-in-Situ Reinforced Concrete
5.
Centering & Shuttering with plywood or steel sheets
including strutting, propping bracing both ways with
wooden members and removal
of formwork for
foundation in basement rafts, footing, strap beams, bases
of columns, etc. up to plinth level. Centering & Shuttering
with steel sheets for DPC Shuttering
6.
P & F reinforcement for RCC work including straightening,
cutting, bending, placing in position and binding (including
cost of binding wire) all complete up to floor three level:
Thermo mechanically Treated bars TMT (TATA, SAIL) for
RCC work for DPC Steel Reinforcement
7.
Super Structure works for Ground floor
R R Stone masonry in hard stone for superstructure above
plinth level one story height above 30 cm in Cement
Mortar 1:6 (1 cement : 6 sand). General Stone Masonry
Work
8.
P & L Reinforced cement concert work in walls (any
thickness) including attached pilasters, buttresses, plinth
and string courses, fillets, columns,
pillars, piers,
Page 11 of 20
Quantity/Unit
144.00 Cum
19.84 Cum
98.62 Cum
8.00 Cum
31.80 Sqm
895.00 Kgs
130.85 Cum
9.00 Cum
S. No.
9.
10.
11.
12.
13.
14.
Particulars of Item
abutments, posts and struts etc. up to floor three level
including curing, compaction, finishing with rendering in
cement sand mortar 1:3 (1 cement: 3 coarse sand) and
making good the joints excluding cost of centering
shuttering and reinforcement: RCC work for Lintel Bend
M-15 1:2:4 (1 cement: 2 coarse sand: 4 graded stone
aggregate 20mm nominal size) Cast-in-Situ Reinforced
Concrete.
Centering & Shuttering with plywood or steel sheets
including strutting, propping bracing both ways with
wooden members
and removal of
formwork for
superstructure up to 4.5mtr. Above plinth, for suspended
floors, roofs landings staircase. Balconies, girders,
cantilevers, bands, coping bed plates, anchor blocks, sills,
chhajjas, lintel, beam etc. Centering & Shuttering with
steel sheets for Lintel Shuttering
P & F
reinforcement for RCC work including
straightening, cutting, bending, placing in position and
binding (including cost of binding wire) all complete up to
floor three level Thermo mechanically Treated bars TMT
(TATA, SAIL) for RCC work for Lintel Level Steel
Reinforcement
Roofing works for Ground floor
P & L RCC work in beams, suspended floors, roofs,
girders having slopes up to 15°, landings, balconies,
shelves, chhajjas, lintels, bands, plain windows sills,
staircase and spiral staircases up to floor three level
including curing, compaction, finishing with rendering in
cement sand mortar 1:3 and making good the joints
excluding cost of centering shuttering and reinforcement
for roofing work with 1:1.5:3 (1 cement: 1.5 coarse sand: 3
graded stone aggregate 20 mm
nominal size). RCC
Roofing work up to 4.5 m. ht. above plinth level Cast-inSitu Reinforced Concrete.
Centering & Shuttering with plywood or steel sheets
including strutting, propping bracing both ways with
wooden
members
and removal of
formwork for
superstructure up to 4.5mtr. Above plinth, for suspended
floors, roofs landings staircase, balconies, girders,
cantilevers, bands, coping bed plates, anchor blocks, sills,
chhajjas, lintel, beam etc. for Roof with steel sheets
shuttering.
P & F reinforcement for RCC work including straightening,
cutting, bending, placing in position and binding (including
cost of binding wire) all complete up to floor three level :
Thermo mechanically Treated bars TMT (TATA, SAIL) for
RCC work for roof steel reinforcement.
Plaster on new surface on wall in cement sand mortar 1:3
including raking of joints etc. complete fine finish 25 mm
Page 12 of 20
Quantity/Unit
31.80 Sqm
930.00 kgs
48.84 Cum
320.00 Sqm
5484.00 Kgs
1324.95 Sqm
S. No.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Particulars of Item
thick in CSM 1.3 cement plaster.
Flooring works
P & L in position cement concert including curing
compaction etc. complete in specified grad excluding the
cost of centering and shuttering for 1:4:8 (1 cement 4
coarse sand : 8 graded stone aggregate 40 mm nominal
size) Cast-in-Situ
Marble stone flooring table rubbed , 18-20 mm thick over
20 mm (Av.) thick base of CM 1:4 (1-cement : 4 coarse
sand) jointing with white cement mortar 1:2 (1 white
cement : 2 - marble dust) with pigment to match the shade
of the marble slab including grinding, rubbing and
polishing complete. White marble of Makrana having light
spots and streaks, Adanga, with green shadow and
Panther, Andhi Pista and Jhiri with lndo-Italian and
baldevgarh & Banswara etc. (Makrana Superior quality
having light spots) flooring work.
Pointing on stone masonry in csm 1:3 Deep grooved
Extra for facing as per design and detailed specifications
including additional cost of stones Course rubble facing
Second Sort.
Providing and fixing 20mm thick plain cement concrete
roofing tiles over roofs fixed in cement mortar 1:4
P&L glazed tiles pieces for roof treatment having colour
and shade as approved by the engineer in charge over
20mm thick under layer of cement mortar mix 1:4 with
application of cement slurry incl. finishing of joints with
white cement and pigment matching the shade curing etc.
complete in all respect.
P&F rigid PVC Pipe (IS: 4985 mark) class 11(4 Kg. 1Cm.)
approved quality /make including joining the pipe with
solvent cement rubber ring and lubricant 110mm dia
Grading roof water proofing treatment with: Cement
concrete 1:2:4 (1-Cement:2-coarse sand :4-graded stone
aggregate 20mm nominal size).
Providing and fixing T-iron frames for doors, windows and
ventilators of mild steel Tee-sections, joints mitred and
welded with 15x3 mm lugs 10 Cm. long embedded in
cement concrete blocks l5xlOxlO Cm. of 1:3:6 (1Cement:3-coarse sand:6-graded stone aggregate 20mm
nominal size) or with wooden plugs and screws or rawl
plugs and screws or with fixing clips or with bolts and nuts
as required including fixing of necessary butt.
Providing & fixing steel glazed doors, windows and
ventilators shutters of standard rolled steel section joint
mitred and welded with steel l3x3mm lugs 10 Cm. long
embedded in cement concrete blocks 15x10x10 Cm of
1:3:6 (1-Cement:3-coarse sand:6-graded stone aggregate
20 mm nominal size) or with wooden plug and screws or
Page 13 of 20
Quantity/Unit
45.54 Cum
308.00 Sqm
189.00 Sqm
340.22 Sqm
320.00 Sqm
320.00 Sqm
28.00 RM
16.00 Cum
72.00 Kg
23.04 Sqm
S. No.
25.
26.
27.
28.
29.
30.
31.
Particulars of Item
rawl plugs and screws or with fixing clips
or with bolts
and nuts as required, including providing and fixing of
plain glass panes 4mm thick with copper glazing clips and
special metal-sash putty of approved make, or metal
beading with screws complete including priming coat of
approved steel primer, excluding the cost of metal beading
and other fittings except necessary hinges of pivots steel
handles and peg stay etc. as required. Windows side hug
Supplying and fixing fixed wire gauge of 14 mesh x 24
gauge to the metal frame of rolled section by metal
beading 2Ox3rnm with suitable screw at not exceeding
150 mm distance.
Providing and fixing Square bars or other flat welded to
window, ventilators etc.
Providing and fixing external grade board solid core single
leaf flush door shutters ISI 2202-67 marked using Phenol
formal, dehydreresin in glue both sides with approved
steel fittings complete as per Annexure 'A' 40 mm thick
shutter.
Painting with enamel paint of approved brand and
manufacture to give an even shade: Two or more coats
on new work.
Supplying and fixing stone liri in CM 1:4 work facing with
proper projection and chisel dressing of edges of stone
two line dressing of building corners, jambs etc. including
uniform joints using aluminum square section of size 12
mm to 15 mm as per requirement of course and width of
stone not less than 12 Cm., with requisite humber headers
(minimum length of stone 0.9 M) 6 cm. to 9 Cm. thick. Add
extra for 7 to 10cm. thick courses.
Add extra for Sanitary, water supply and Electrical
installation work for whole building (Material as per ISI
specification)
Modular kitchen & furniture (Standard Quality – ISI
Specification)
Quantity/Unit
23.04 Sqm
210.00 Kg
16.80 Sqm
145.80 Sqm
155.64 Sqm
LS
LS
Note: The contractor should submit details & drawing of modular kitchen & furniture.
Page 14 of 20
Page 15 of 20
Annexure–B
Price Bid
(On the letter head of the bidder)
The price bid will be quoted as below and will be enclosed in Envelop – II:
Tender No: BLMCL/MD/JPR/15-16/001 Dated 07-Apr-2015
Name of Contractor/Bidder:______________________________________________
Address of Contractor/Bidder: ____________________________________________
Contact No. of Contractor/Bidder: _________________________________________
Email Id of Contractor/Bidder: ____________________________________________
Sl. No.
1.
Quoted price
(Rs.)
Description
Construction of Bhojanshala
mentioned in Annexure – A.
as
per
BOQ
Note: Amount quoted to be inclusive of all prevalent and future taxes, duties & other
government levies
Signature of Bidder / Authorized Representative with Seal
Page 16 of 20
Annexure-C
UNCONDITIONAL ACCEPTANCE
(On the letter head of the bidder)
We............................................ (Name of Contractor/Bidder) undertake to
unconditionally submit our offer for the cited Tender Enquiry. We undertake to fully
abide by the terms and conditions of the tender document.
Signature of Bidder / Authorized Representative with Seal
Page 17 of 20
Annexure-D
PERFORMANCE BANK GUARANTEE
Irrevocable Bank Guarantee No. _____________ Date: _______________________
With
reference
to
Contract
No.
___________________________Dated
____________(herein referred to as the Contract) between ______________,
INDIA, (hereinafter referred to as the Purchaser) and __________, having its
registered office at ____________________, India (hereinafter referred to as the
Seller).
We the undersigned bank, ____________________, India. (herein after referred to
as Guarantor) an Indian nationalized bank at the request of the Seller, hereby open
this irrevocable Guarantee No ______________, in favour of the Purchaser to the
extent of Currency INR. ______________/- (Rupees _______________________
only) (the ‘Guarantee Amount’) payable at Jaipur.
By this guarantee, we, ______________, India, (Bank name & address) hereby
irrevocably and unconditionally guarantee and bind ourself, our successors and
assign to pay to the Purchaser, its successors without recourse, notwithstanding any
objection by the Seller, an amount up to INR._________/- (Rupees
________________________ only) immediately, without any right of set off or
counterclaim and without demur or protest, and not withstanding any difference
between the Purchaser and the Seller or any dispute or disputes raised/pending
before any court, tribunal, arbitrator or any authority, on receipt of a letter signed by
the representative of the Purchaser stating that the Seller has failed to fulfill his
obligation in accordance with the terms of the Contract.
The decision of the Purchaser whether or not the Seller has committed breach of the
Contract shall be final, conclusive and binding upon the Guarantor and shall not
under any circumstances whatsoever be questioned by the Guarantor.
Any demand for payment under this Guarantee shall be made on the Guarantor by
the Purchaser in writing at _______________ (Bank name & address), India and
shall be deemed to have been sufficiently made by the Purchaser if the writing
containing the demand is sent to the Guarantor by registered post or courier to the
address as aforesaid or sent to the Guarantor by hand delivery at such address and
written acknowledgement obtained of such delivery.
The obligations of the Guarantor hereunder are direct, immediate, primary
obligations and liabilities and these obligations are absolute and unconditional. The
Guarantor’s obligation to pay the guaranteed obligations under this Guarantee shall
immediately arise upon the Purchaser demanding the payment of the monies by a
notice in writing given to the Guarantor, requiring it to pay the guaranteed
obligations.
Any notice of demand for payment received by the bank from the purchaser within
___________ shall be considered and will be binding on the bank.
Page 18 of 20
As between the Guarantor and the Purchaser (but without affecting the Sellers’
obligations) the Guarantor shall be liable under this Guarantee as if it were the sole
principal debtor. The Guarantor’s liability hereunder shall not be discharged nor shall
its liability be affected by:
Any time, indulgence, waiver or consent at any time given by Purchaser to the Seller;
or
Any amendment to the Contract; or
The making or the absence of any demand by the Purchaser on the Seller or any
other person for payment; or
The enforcement or absence of enforcement of the Contract or of any security or
indemnity.
The illegality, invalidity or unenforceability of or any defect in any provision of the
Contract or of any of the Sellers obligations thereunder; or
The dissolution, amalgamation, reconstruction or reorganization or appointment of
any Administrative Receiver of the Seller or the Guarantor.
The Guarantor agrees and confirms that its obligation to make payment to Purchaser
on demand hereunder and discharge of such obligation shall not be delayed or
avoided by reason of any act or omission on the part of Purchaser.
The Guarantor’s liability under this Deed of Guarantee is restricted to a sum of
INR.______________/- (Rupees ___________________ only).
We, the Guarantor, further undertake to extend the validity period of this Guarantee
for any time or from time to time. In the event we fail to extend the validity period of
this Guarantee for any reason, then we shall unconditionally accept the request for
extension by the Purchaser as notice of invoking the Guarantee.
We the Guarantor agree that the Purchaser shall be entitled at their option to enforce
this guarantee against us as a principal debtor, in the first instance notwithstanding
any other security or guarantee that it may have in relation to the Seller’s liabilities.
The Guarantor agrees that the Courts at Jaipur alone shall have the exclusive
jurisdiction in relation to any default under this Guarantee.
We the Guarantor hereby agree not to revoke this guarantee or reduce the amount
during its currency except with the previous consent in writing of the Purchaser.
The Guarantor hereby declares that it has the power to issue this guarantee and the
undersigned has full power to do so.
This Guarantee shall be returned to the Guarantor within ________ after the validity
date as mentioned below. If the Guarantor does not receive the bank guarantee
within ________ after the validity date as mentioned below, it shall be deemed to be
automatically cancelled.
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Notwithstanding anything contained herein before, the Guarantor’s maximum liability
under this guarantee shall in no event exceed in aggregate Rs.__________/(Rupees ___________________________ only) valid up to ___________ and is
conditional upon claim being served up on us on or before _________ in writing
failing which your right under the guarantee shall be forfeited and we shall be
relieved and discharged of all our liabilities.
Date this______ day of ______________, 20_____
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