CENTRAL COALFIELDS LIMITED (A Subsidiary of Coal India Limited) PURCHASE DEPARTMENT Darbhanga House : Ranchi 834 001 (Jharkhand) India (PBX) 2360726, 2360687, Telex: 0625-201 Gram: COLCENT, Fax (91) 0651-2360198 E-Mail # [email protected] SUPPLY ORDER No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Item Category Firm Category HEMM (SPARES & ASSY.) Pvt. BY AIRMAIL Dated: 16.03.2015 Tender Category OGT To, M/s Joy Global Surface Mining Inc. 4400 West National Avenue, Milwaukee, WI 53214, USA. E-mail: [email protected] / [email protected] Sub: Supply of Spares for P&H 1900 AL Shovel working at Piparwar Area. Ref.: (i) Adv. No. 37/2014-15, Tender SI No. 150 (ii) This office e-tender No. CCL/MM/CM (P-IV)/P&H 1900 AL Spares/236/Retender/2/2014, in two cover / two bid system, opened on 15.12.2014 (Tender id:2014_CCL_4790_1) (iii) Your online offer through the portal of www.coalindiatenders.gov.in against the subject tender vide ref. No. Q0838/20712480 dt.14.11.2014 & subsequent confirmations, the last being dt.10.02.2015. Dear Sirs, Your above offer is hereby accepted for supply of spares as per the details given at Annexure-I enclosed, in accordance with the terms and condition detailed hereunder: 1. 2. 3. 4. BASIS OF PRICE: FOB any Sea Port in USA, duly packed for export shipment. TOTAL ORDER VALUE: US $ 96,386.28 (US$ Ninety Six Thousand Three Hundred Eighty Six Point Twenty Eight) only. Prices will remain firm till completion of entire supplies. MANUFACTURER’S NAME: M/s. Joy Global Surface Mining Inc. 4400 West National Avenue, Milwaukee, WI 53214, USA. PAYMENT TERMS: 100% payment will be made against a non-confirmed, irrevocable & acceptable Letter of Credit which shall be kept valid for a period of 09 months for shipment plus additional 21 days for submission of shipment documents to the bank. Our Banker will establish Letter of Credit on your Bank i.e. State Bank of India, 19 La Salle Street, Suite-200, Chicago, IL-60603 against presentation of the following documents, in three sets as indicated against each: i) Invoice : Original plus three Certified Copies ii) Packing List : Original plus three Certified Copies iii) Shipping Specifications : Original plus three Certified Copies iv) Certificate of Origin : Original plus three Certified Copies v) Freight to Pay Bill of Lading : Original plus three Certified Copies vi) Warranty Certificate : Original plus three Certified Copies vii) Bill of Lading : Original plus three Certified Copies viii)Certificate Certifying that : “ No Commission, Rebate, Discount, Margin or compensative charges or agency commission by any other name or in any other form etc. from the net FOB Value of the contract or over and above FOB value of the contract is payable by M/s. Joy Global Surface Mining Inc., USA to their Indian office of M/s Joy Global Surface Mining Inc., USA or to any other person / Agent or agency other than 8% Engg. & Technical Service Fees on FOB value along with service tax & cess which will be paid to M/s Joy Global (India) Limited, Kolkata, in Indian Rupees by CCL. ix) Any other documents mentioned in this supply order. 1) Documents from Sl. no. (i) to (ix) forms a Complete Set 2) One copy of Packing List & Certificate of Origin should be inserted inside each package for reference & identification purpose of the items packed in the particular package. Contd…p/2 :2: No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 3) One copy consisting of a set of documents from Sl.No. (i) to (ix) should also be sent by courier well in advance along to avoid delay in effecting clearance of goods and also their proper receipt at ultimate consignee and its accountal etc. to the following: (a) The General Manager (C&F), C&F Department, Coal India Ltd., 6-Lyons Range, 4th Floor, Kolkata – 700 001 (India). (b) The General Manager (Excv)/HOD, Central Coalfields Limited, Darbhanga House, Ranchi – 834 001 (India) (c) The Chief Manager (Excavation-Pur.), Central Coalfields Ltd., 15-Park Street, Kolkata – 700 016 (India) (d) General Manager (MM), Purchase Department, Central Coalfields Ltd., Darbhanga House, Ranchi – 834 001 (India). (e) The Finance Manager (HQ-XP), Central Coalfields Limited, Darbhanga House, Ranchi – 834 001 (India) (f) Ultimate Consignee:THE DEPOT OFFICER, REGIONAL STORES, PIPARWAR, CCL P.O.:BACHRA, CHATRA, JHARKHAND – INDIA. 5. 6. 7. 8. ENGINEERING AND TECHNICAL SERVICES FEES: Payable extra @ 8% of FOB value on pro-rata basis to M/s Joy Global (India) Limited, Kolkata, the Indian Office of M/s Joy Global Surface Mining Inc., USA in equivalent Indian Rupees at exchange rate prevailing on the date of bill of lading (Certified by any Nationalized Bank) subject to submission of bills along with the following non-negotiable documents: 1. Pre-receipted and stamped bill in Original plus 2 copies. 2. Full set of non-negotiable shipping documents as (i) to (ix) of clause 5. 3. Certificate from the banker certifying the exchange rate prevailing on the date of bill of lading: Original + 2 copies. An additional service tax and cess on service tax will be payable on Engg. And Technical services charges at the rate prevailing at the time of payment / execution of order as per statutory levy of Govt. of India to their Indian office M/s Joy Global (India) Limited, Kolkata, the Indian Office of M/s Joy Global Surface Mining Inc., USA who will provide the Engg. And Technical services to CCL in lieu of above charges. This fee will be payable by Paying authority of ultimate consignee. Present rate of Service Tax @ 12.36%. Joy Global (India) Limited, Kolkata, shall submit documentary evidence disclosing the particulars of Engineering and Technical Service charges as per the agreement between M/s. Joy Global Surface Mining Inc., USA and Joy Global (India) Limited, Kolkata within 15 days from the date of receipt of payment to the Director of Enforcement, Govt of India New Delhi, against this order. COUNTRY OF ORIGIN: Goods are of USA origin. To expedite shipment, items may be sourced from Joy Global Surface Mining Inc.’s Worldwide Manufacturing facilities except India. Certificate showing goods in general are of USA origin or from any Joy Global Surface Mining Inc.’s Worldwide Manufacturing facilities except India and accordingly certificate of origin should be issued by the beneficiary or the manufacturer. DELIVERY PERIOD: The materials should be delivered within 6-9 months from the date of opening of Letter of Credit on FOB basis in one lot. The LC will be valid for a period of 09 months for shipment plus additional 21 days for submission of documents to the bank. LC to be opened after acceptance of order. Part Shipment & Trans shipment not allowed. Note: No material should be supplied before 01.04.2015. OPENING OF LETTER OF CREDIT:A non-confirmed, irrevocable & acceptable Letter of Credit will be established for full FOB value US $ 96,386.28 (US$ Ninety Six Thousand Three Hundred Eighty Six Point Twenty Eight) only in favor of M/s Joy Global Surface Mining Inc, 4400 West National Avenue, Milwaukee, WI 53214, USA. Contd…p/3 :3: No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) 9. 10. 11. 12. 13. Dated: 16.03.2015 LC will be valid for a period of 09 months for shipment plus additional 21 days for submission of documents to the bank. LC to be opened after acceptance of order. Order acceptance should be submitted immediately with a copy endorsed to CCL, Kolkata office. Note:(a) All expenses connected with Opening, Advising and Negotiating the Letter of Credit as well as other Bank Charges payable in India will be borne by Central Coalfields Limited, Ranchi. However, CCL shall not pay either the Bank Charges or any other charges outside India or any Forwarding Charges in course of operation of Letter of Credit. (b) Our Banker will furnish freight certificate(s) to the port consignee. CONSIGNEE:(a) Port Consignee: The General Manager (Clearing & Forwarding), Clearing & Forwarding Department, Coal India Ltd., 6-Lyons Range, 4th Floor, Kolkata – 700 001 (India), FAX: 033-22312983 E-mail: [email protected] (b) Consignee’s Port: Kolkata Air Port, INDIA (c) Ultimate Consignee: THE DEPOT OFFICER, REGIONAL STORES, PIPARWAR, CCL P.O.:BACHRA, CHATRA, JHARKHAND – INDIA. PH. NO.: +91 8987787563; FAX NO: +91 6531 266605,TIN NO.:20932105592 PAYING AUTHORITY: General Manager (Finance-HQ), CCL HQ, Ranchi. PACKING INSTRUCTIONS: (a) In order to avoid transit damage of the materials, the spares are to be packed using proper packing wherever needed to avoid any damage to the materials. The supplier shall include and provide for secured protection of the goods to withstand Air voyage and packing of the goods and accessories in suitable case wherever essential, so that cargo will be handled properly at the Indian Air Port & during Inland Transportation to avoid damage in transit from Air Port of shipment to site. The supplier shall be responsible for damage caused by any defect in packing. (b) Each case shall have under noted shipping marks printed/stenciled on opposite sides and top thereof. In addition, you shall indicate in the marking the gross and net weight and cubic measurements: The General Manager (C&F) The General Manager (C&F) CENTRAL COALFIELDS Coal India Limited Coal India Limited LIMITED C & F Deptt. C & F Deptt. I 6, Lyons Range, 4th Floor, 6, Lyons Range, 4th Floor, N INDIA Kolkata – 700 001, Kolkata – 700 001, I INDIA INDIA A Supply Order No.: 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dt: 16.03.2015 (c) One copy of packing list and country of origin certificate should be inserted inside each package. Please ensure that with each package / case, item wise packing list is submitted reflecting items, quantity & weight. NB: While indicating the marking on the package the complete supply order no. may be given in the last row of the marking. SHIPPING ARRANGEMENT: Shipping arrangement will be coordinated by: The Shipping Co-ordination & Chartering Division / Shipping Co-ordination Officer, Ministry of Surface Transport (Chartering Wing), Govt. of India, New Delhi – 110 001 (Cable: Trans chart, New Delhi, Telex: New Delhi, VAHAN- 31-61157, 31-61158 & 31-61159) or through their authorized Clearing and Forwarding agent to whom advance notice should be given by the seller about the readiness of the cargo. This activity will be coordinated by C & F Deptt., Coal India Limited, 6, Lyons Range, 4th Floor, Kolkata – 700 001, INDIA, Phone No. : 033 -22313106, FAX No.: 033-22312983, to whom also advance notice should be given by the seller about the readiness of the cargo with cargo size & weight details. TRANSIT INSURANCE: Transit Insurance up to Ultimate Consignee will be arranged by the Port Consignee under the open policy taken by them and therefore, as soon as the materials are booked by you, E-mail/Fax advice Contd…p/4 :4: No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) 14. 15. 16. 17. 18. 19. Dated: 16.03.2015 should be sent to the insurer i.e. Port Consignee to enable them to arrange coverage of the consignment under the said insurance policy indicating the Air Shipment details, Number of Packages shipped, Value thereof, Airway Bill, Weight of Goods and Contract number before submitting the original documents to the banker against L/C for obtaining payment. The above information be sent through fax on the following Nos. (i) (+91) 0651-2360198/2360003: Attn: General Manager (MM), CCL, Ranchi (ii) (+91) 033-22312983 : Attn. General Manager (C&F), CIL, Kolkata (iii) (+91) 033-22625646/644 : Attn: CM (Excv)-P, CCL, Kolkata PROVISION OF IMPORT: The items covered in this order are being imported, as per the provisions of EXIM policy of Govt. of India. MODE OF DISPATCH: By Sea only. Consignment must be sent in the ship having “Approval of GIC”. In case the approval is not there, the documents must mention that the “Approval of GIC” not available. EXTENSION OF DELIVERY PERIOD: You will supply the materials within the delivery period given in this order. In case delivery period against the order has expired, you will not dispatch/deliver the materials unless the delivery date is extended on your request and you receive confirmation in this regard. If extension of delivery period mentioned in the supply order and consequent extension of the validity of supply order/Letter of Credit has to be done due to non-fulfillment of any contractual obligation, the Letter of Credit extension charges will have to be borne by you in addition to any other related charges. LIQUIDATED DAMAGES: The time for and the date of delivery of the stores stipulated in the ‘Purchase order’ shall be deemed to be of the essence of the contract and delivery of the stores must be completed by the date specified. In the event of failure to delivery or dispatch 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 conditions mentioned in the supply order, Central Coalfields Ltd. should have the right : a) To recover from the successful tenderer as agreed liquidated damages, a sum not less than 0.5% (half percent) of the price of any stores which the successful tenderer has not been able to supply as aforesaid for each week or part of a week during which the 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 elsewhere, after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in respect of the consignment not yet due for supply or (c) To cancel the supply order or a portion thereof, and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also. (d)To extend the period of delivery with or without penalty as may be considered fit and proper, the penalty, if imposed shall not be more than the agreed Liquidated Damages referred to in clause (a) above. (e) To forfeit the security deposit full or in part. (f) Whenever under this contract a sum of money is recoverable from and payable by the supplier, Central Coalfields Ltd. shall be entitled to recover such sum by appropriating, in part or in whole, by deducting any sum or which at any time thereafter may become due to the successful tenderer in this or any other contract. Should this sum be not sufficient to cover the full amount recoverable, the successful tenderer shall pay Central Coalfields Limited on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase In the event of delay in dispatch of store as per delivery schedule of supply order, you will raise bills against Letter of Credit after making deduction, as stipulated above of Liquidated Damages amount. GUARANTEE/WARRANTY: You will be fully responsible for manufacturer’s warranty in respect of proper design, material, quality, workmanship and correctness of the parts and items shall have guarantee of 12 months from the date of fitment on the equipment or 18 months from date of receipt and acceptance of material at consignee store, whichever is earlier. WARRANTY REPLACEMENT: You have to give undertaking along with each lot of supply, that the you will replace the defective material / pre-maturely failed material free of cost within three months upon receipt of intimation from the consignee subject to acceptance during normal joint inspection held between the authorized representative of you and the concerned Project/Area representative & on consignee store basis and free of cost to CCL on F.O.R. destination basis and will bear all costs connected to replacement up to Ultimate consignee. Contd…p/5 :5: No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 FITMENT GUARANTEE: i) You have to furnish a Fitment Guarantee Certificate along with each lot of supply that the items supplied are exactly as per Part number/ specification and shall fit & function properly on P&H 1900 AL Shovel deployed at Piparwar OCP in CCL for which the items are meant for. ii). In the event of any quote by superseding or alternate OEM part number, you are required to submit specific fitment guarantee against such items. 21. AFTER SALES & SERVICE: You should provide after sales & service support at the time of fitment of the supplied items. 22. IDENTIFICATION MARK: The make / identification mark of the manufacturer must clearly be punched /engraved / embossed or tagged /printed (Tagging and printing should be done where punching /engraving / embossing is not possible) on each of the item at a visible place which is not subject to normal wear and tear for convenience of identification at any time. 23. INSPECTION: No pre - despatch inspection is to be carried out. However, final inspection will be arranged by the ultimate consignee through the General Manager (Excv.), C.C.L, Ranchi or his authorized representative on receipt of the materials at the consignee’s end. Immediately on receipt of the consignment the consignee shall inform GM(Excv.) for arranging inspection. 24. PRICE FALL CLAUSE: It will be a condition of the order that although the currency of the prices at which you shall supply the stores, shall not exceed the lowest price charged by you to any other agency including DGS&D. In the event of price going down, you shall promptly pass on such information to enable this Company to amend the order rate. 25. FORCE MAJEURE CLAUSE: If the execution of the contract/supply order is delayed beyond the period stipulated in the contract/supply order as a result of outbreak of hostilities, declaration of an embargo or blockade, or fire, flood, acts of nature or any other contingency beyond the supplier's control due to act of God then Central Coalfields Limited may allow such additional time by extending the delivery period, as it considers to be justified by the circumstances of the case and its decision shall be final. If and when additional time is granted by Central Coalfields Limited, the contract/supply order shall be read and understood as if it had contained from its inception the delivery date as extended. a) he successful bidder will advise, in the event of his having to resort to this clause by a registered letter duly certified by the Local chamber of Commerce or Statutory authorities, the beginning and end of the causes of the delay, within fifteen days of the occurrence and cessation of such force majeure conditions. In the event of delay lasting out of force majeure CCL will reserve the right to cancel the contract and provisions governing termination of contract, as stated in the bid documents will apply. b) For delays arising out of force majeure, the bidder will not claim extension in completion date for a period exceeding the period of delay attributable to the causes of force majeure and neither CCL nor the bidder shall be liable to pay extra costs provided it is mutually established that force majeure conditions did actually exist. 26. JURISDICTION: The Court of Ranchi in Jharkhand State (India) only will have the jurisdiction to deal with and decide any legal matter or dispute whatsoever arising out of our contract. 20. 27. INTEGRITY PACT: You have signed Integrity Pact which is enclosed as Annexure-II. The name and address of Independent External Monitor for Integrity Pact enclosed against this order / contract is: Dr. B. P. Nilratna (IAS, Retired) D-11/15, Pandara Road New Delhi – 110003 Email address: [email protected] 27. ORDER ACCEPTANCE: We enclose herewith two copies of the supply order, one copy of which should be returned to us duly stamped and signed by you as a token of acknowledgement and acceptance of the contract within 15 days from the date of supply order otherwise it will be presumed that you have accepted the order as per terms and conditions stipulated above . Contd…p/6 :6: No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 Apart from the above terms and conditions the supplies will also be covered by all the Clauses of NIT conditions and the "General Terms & Conditions of Supplies" issued along with NIT (ANNEXURE-“A”). Yours faithfully, For & on behalf of Central Coalfields Limited, (D.P. Roy) Asst. Manager (P) (A.K.Singh) Chief Manager (P) Encl: Annexure – I & II. Copy to: 1) The General Manager (MM), CCL, Ranchi 2) The General Manager (Excavation) / HOD, CCL, Ranchi 3) The General Manager, Piparwar Area. 4) The GM (C&F), Clearing & Forwarding Deptt., Coal India Ltd., 6-Lyons Range, 4th Floor, Kolkata – 700 001 (REGD POST) – with a request to arrange clearance of the consignment and its road dispatch to the Ultimate Consignee furnishing all required details to this office & to the Chief Manager (Excv)Pur, CCL, 15-Park Street, Kolkata-700 016 who will also co-ordinate for clearance & dispatch of the consignments. A copy of Bill of Entry may please be sent to this office after clearance of the consignment. 5) The General Manager (Fin.-HQ), CCL, Ranchi 6) The Dy. General Manager (S&IC), CCL, Ranchi 7) The Chief Manager (Excv)-Pur, CCL, 15-Park Street, Kolkata-700 016 8) Depot Officer, Regional Stores, Piparwar. 9) Area Finance Manager, Piparwar Area. 10) The Staff Officer (Excv), Piparwar. 11) General Manager (Finance)-O/P&P, CCL, Ranchi. 12) The General Manager (MM), Coal India Ltd., 10, Netaji Subhash Road, Kolkata- 700 001. 13) Finance Manager (HQ-XP) / FM (P), CCL, Ranchi 14) Sr. ES to CMD / D(T)(P&P) / D(T)O, CCL, Ranchi. 15) The Director of Enforcement, Enforcement Directorate, Foreign Exchange Regulation Act, Govt. of India, 6thFloor,Loknayak Bhawan, Khan Market, New Delhi (By Regd. Post) 16) GM(MM), ECL, Sanctoria, P.O:Disergarh, Dist: Burdwan WB)/ GM(MM), NCL Singrauli Colliery, Dist.Sidhi (MP)/GM(MM),WCL, Coal Estate, Civil Lines, Nagpur – 440001/ GM(MM), MCL, Anand Vihar, PO UCE,Burla,Sambalpur-768018 /GM(MM),BCCL, Koyla Nagar, Dhanbad-826005 / GM(MM),SECL, Sheepat Road, Bilaspur-495001. 17) CM(P-II)(MIS) / Master File / Guard File. Note: Indent Regn. No.236 dated 21.03.2013. This order is issued with the concurrence of GM(F-B) vide diary no. 2068-F dt.27.02.2015 & approval of competent authority. The fund is certified vide No. D/O/F/B.C./HEMM Spares/Advance Action/SB-15-16/19/03/92301042 dt.12.03.2015 for Rs. 94,91,129.34 only. (D.P. Roy) Asst. Manager (P) (A.K.Singh) Chief Manager (P) Annexure-I No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 SI No. Material Code Item Description Part No Qty. Unit Price Extended Value 1 15505000548 Bushing 5T3350 (Nos.) 2 (US$) 5694.11 (US$) 11388.22 2 15505003491 Coupling Swing Generator 18Z553 2 1471.98 2943.96 3 15505001117 Sprocket Roller Chain 4J54 / R52635D2 2 33185.21 66370.42 4 15580006892 Chain Roller 20Z875D276 / 20Z373D276 4 3920.92 15683.68 Total Extended Value (US$) 96,386.28 (US$ Ninety Six Thousand Three Hundred Eighty Six Point Twenty Eight) only (D.P. Roy) Asst. Manager(P) (A.K. Singh) Chief Manager (P) Annexure-II No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 No. 236:17:2:04:15 - 290 (P&H 1900 AL Shovel Spares) Dated: 16.03.2015 (D.P. Roy) Asst. Manager (P) (A.K.Singh) Chief Manager (P)
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