+l-fr SErqr Rfr|srrra *r*(xrrd x-{l5,r{ l[,r lrf, $r!rT)srrdgitra Esmq+rraqtlt -ta. q:ria, +6-dr- 7oo 156

f,-fil: emmm.cilr?coalindia.in

aagr5e: w*rr.corlindia.in

Corl lndie LimitedA Mahrratn, Comprny

(A Govt.of lndir Entcrprise)Mrlerials ManrScment Division,

Action Area-lA, New Town, Kolkata - 700 156E-MAIL: emmm.cilf coalindi..in

WEBSITE: wwr..coalindia.inPhone No. 033-232,1 t l27

Fax No. 03f,-212,1 4l l5

IWs JK TYRE & INDUSRIES LIMITEDJaykaygram, PO - Tyre Factory,Kankroli - 3 I 3342(Rajasthan)

Datez 28.02.2020

Ref: l. Our Global e-Tender no. CILIC2DIOTR TYREl20l9-201351 daled27.09.2019&Tender ID: 2019_CILHQ_I5l 175_l

2. Your offer no. JWHO/CIL/Tender/2019-20/216 dated 22.10.2019 submitted underBID ID : 451862 on line through http://coalindiatenders.gov.in against the above

Tender and all subsequent correspondences.

With reference to above, we are pleased to place a formal order for supply ofthe followingsize of OTR tyres at the price, terms and conditions as given below:-

01. Tyre Size, Qty. & Price

(Rupees Four Crore Twenty Seven Lakhs Nine Thousand Four Hundred Forty Only)

02. Price

The prices are fixed and FIRM throughout the entire period ofthe operation ofthe contract

and on FOR destination basis by road, inclusive offreight & lnsurance, packing/forwarding

& marking charges. The O-rings shall be supplied free ofcost.

03. Taxes & Duties

Prices are exclusive ofGST and other statutory levies. All taxes and duties, etc. shall be

payable extra as legally leviable during the delivery period. lncrease in the rate of taxes

and duties, ifany, during extended delivery period shall have to be bome by supplier. The

paying authority ofuser subsidiary companies shall claim the input tax credit as per rules

SINo.

Tyre size & specificationQtytn

Nos.

Unit PriceFOR-destination

(Rs)

Total PriceFOR-destination

(Rs)

I

204 2.09.360.00 4,27,09,440.00

Supply Order No. CIL/C2DIOTR TY REl20l9 -20/35 I / | 59 Date: 28.02.2020 Page 1

$%vY *\, {ruD

FORMAL ORDER

Supply Order No. CIUC2DIOTR TYRE2()I9-20/351/159

To

Original by Regd PostF ax: 2952-23018E-mail: rajkumar.dahiya@jkmail.com

Dear Sirs,

Sub:

27.00 X 49,48PR, E4, Rock Duty, CutResistant, Tubeless OTR Tyre (Bias)with 'O' Ring, TKPH - 450Make : JK Tyre & Industries Limited,Brand : VEM 045

for which necessary documents shall be presented to the paying authority by the supplier

before payment.

04. Price Fall Clause

As per enclosed Pre-Contract Integrity Pact clause no. 7

05. Country of Origin: INDIA

06, Manufacturer: Own make

07. Consignee: Depot officer ofthe following store shall be the consignee.

Subsidiary Name and location of the storeGST NO.

(i)Area Stores, Rajmahal Area, PO-Lalmatia Colliery,Dist.Codda" Jharkhand.

2OAAACE759OE3ZX

(ii)Area Stores, S.P. Bazari, PO-Bahula,Dist-Burdwan, West Bengal

IgAAACET590EIZI

MCLCentral Store, Jagannath Area, PO-Balanda, Talcher, Dist-Angul, Orissa

2IAABCM5I88PI23

Central Stores, Korba, Dist. Korba,Chattishgarh.

22AADCS2O66E9ZL

NCL Central Stores, Jayant, P.O. JhingurdaColliery. Dist. Sidhi. M.P.

23AABCN4884H IZE

08. Delivery & Subsidiary wise Allocation

Delivery shall be on FOR destination basis up to the Consignee store. Delivery tocommence within 4 months from the date of placement of order. However, early supplywill be accepted and appreciated. Subsidiary wise monthly allocation of Tyres is as

follows:-

E-wav Bill: The e-way bill, ifany, required in connection with supply ofgoods or servicesshall be arranged by the supplier. However, the e-way bill will be arranged by the subsidiary

pany ifthe supplier is unregistered oneab$

Sizeof theOTRTyre

Subsidiary I st Lot[within 4monthsfromplacementoforderl

2ndLot[5thmonthl

3rdLot[6thmonthl

4th Lot

[7thmonthl

5th Lot[8thmonthl

6th Lot[9thmonthl

7th LotI lOthmonthl

Total

27.00x49E448PR

IBias]

SECL 26 t4 40

ECL 10 l0NCL 34 14 22 30 30 4 t34MCL 6 6 8 20

30 30 30 30 30 1.1 204

upply Order No. CIL/CZDIOTR TYRE/20 I 9-20135 I / I 59

0

Ddte: 28.02.2020 Page 2

ECL

SECL

Total 40

09. Liquidated Damages

In the event offailure to deliver or dispatch the stores within the stipulated date / periodin accordance with the samples and/or specification mentioned in the supply order, andin event of breach of any terms and conditions mentioned in the supply order, CoalIndia Limited shall have the right,

a. To recover from the successful bidder as agreed liquidated damages, a sum not lessthan 0.5%(half percent) ofthe price ofany stores which the successful bidder has notbeen able to supply as aforesaid for each week or part ofa week during which thedelivery of such stores may be in arrears limited tol0%.

b. To purchase elsewhere, after due notice to the successful bidder on the account andat the risk of the defaulting supplier the stores not supplied or others of a similardescription without canceling the supply order in respect ofthe consignment not yetdue for supply or

c. To cancel the supply order or a portion thereof, and ifso desired to purchase the storesat the risk and cost ofthe defaulting supplier and also -

d. To extend the period ofdelivery with or without penalty as may be considered fit andproper, the penalty, if imposed shall not be more than the agreed Liquidated Damagesreferred to in clause (a) above.

e. To forfeit the security cum performance bank guarantee full or in part.

f. Whenever under this contract a sum of money is recoverable from any payable by thesupplier, Coal India Limited and its subsidiary companies shall be entitled to recoversuch sum by appropriating, in part or in whole by deducting any sum from any othercontract should this sum be not sufficient to cover the full amount recoverable. Thesuccessful bidder shall pay Coal India Limited and its subsidiary companies ondemand the remaining balance. The supplier shall not be entitled to any gain on anysuch purchase.

10. Risk Purchase

In the event of failure of the supplier to deliver or dispatch the stores within the

stipulated date/period ofthe supply order or in the event ofbreach ofany ofthe termsand conditions mentioned in the supply order, Coal India Ltd. or its SubsidiaryCompanies have the right to purchase the stores fiom elsewhere after due notice to thedefaulting supplier at the risk and cost ofthe defaulting supplier. In the event offailureof the supplier as detailed above, the cost as per risk purchase exercise may be

recovered from the bills against any other supplies pending in the same Subsidiary Co.

and also in any other Subsidiary Companies/CIL.

Risk purchase action may be initiated under any ofthe following conditions,

l. When the supplier fails to deliver the materials even after the delivery period isextended on several occasions, on request from the supplier.

$ ,o@ bu.,.Aq\o\>t$

1r4 &Supply Order No. CIL/C2D/OTR TY REl20 19 -20 135 I I 1 59 Date:28.02.2020 Page 3

2. When the supplier fails to respond to purchaser's request for supply of thematerials and fails to provide any reason which is considered to be genuine, flor thedelay in supply.

3. When in the judgment ofthe purchaser the supplier is unable to execute the orderdue to various reasons.

4. When the materials are urgently required and the supplier fails to deliver thematerials within the extended/original delivery schedule.

5. When the supplier breaches any ofthe terms and conditions ofthe supply order andas a result fails to execute the order satisfactorilv.

11. Security Deposit Cum Performance Bank Guarantee (SDPBG)

l. You will have to fumish a Security Deposit Cum Performance Bank Guarantee(SDPBG) through online payment as per bank details given below or a BankGuarantee for an amount i.e. Rs.54,66,809.00 (Rs. Fifty Four Lakhs Sixty SixThousand Eight Hundred Nine Only) equivalent to 10% ofthe value of awardedcontract( including tax), within 15 days from the date oforder.

Bank Account Details of CIL:

Account Name: Coal lndia Limited

Bank: State Bank oflndia,AIC no:, 10373629359,IFSC Code: SBIN0009998,Swift Code: SBININBBlT5Branch: Corporate Accounts Croup, Kolkata- 700 071

The Security Deposit Cum Performance Bank Guarantee issued by Issuing bank onehalfofthe bidder in favour of"Coal India Ltd.," shall be in paper form (Stamp

Paper) as well as issued under "Structured Financial Messaging System". Issuing

Date:28.02.2020

)}1)

Supply Order No. CIL/C2DIOTR TYRF./2019-20135 I I I 59

PqaPage 4

2. This guarantee will be for faithful performance of the contract in accordance withthe terms and conditions and technical specification specified in the contract biddocuments.

3. SDPBG if submitted in the form of a Bank Guarantee, it shall be issued from abranch in India of any scheduled Bank of India in the approved format of CIL(format enclosed: - Annexure-2).

4. The SDPBG fumished by you will be irrevocable and unconditional and CIL shallhave the powers to invoke it notwithstanding any dispute or difference betweensupplier and CIL pending before any court, tribunal, arbitrator or any otherauthority.

5. The SDPBG should be submitted within l5 days of date of order and shall remainvalid till 3 months after the completion of Warranty Period of 18 months from thedate of receipt & acceptance of last consignment by CIL and,/ or SubsidiaryCompany.

Name of Bank: ICICI BankBranch: Rasoi CourtIFSC Code: ICIC0000006Account No. 00065 1000038Customer ID: 0663 l2

Original copy of the Bank Guarantee issued by the Issuing Bank shall be sent bythe issuing bank to MM department, CIL.

7. lfyou fails to submit SDPBG within l5 days from date oforder, or fails to extend

the Bank Guarantee for Security Deposit, suitably as required, the same shall be

recorded as unsatisfactory performance for future dealings apart from taking any

other penal action as may be deemed fit by CIL.

8. Failure to comply with the above requirement of SDPBG shall constitute sufficientground for the annulment ofthe award and forfeiture ofthe Eamest Money Deposit.

9. The release of the SDPBG after above indicated period, shall be subject tosatisfactory performance of the Tyres during l8 months period from the date ofreceipt & acceptance of consignment by CIL and/ or Subsidiary Company andfulfillment of contractual obligations failing which, action for further extension orencashment ofPBG, as deemed suitable shall be taken.

12. Force Majeure

Ifthe execution ofthe contract/supply order is delayed beyond the period stipulated in

the contracVsupply 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 Coal lndia Limited or its subsidiary

companies any allow such additional time by extending the delivery period, as itconsiders to bejustified by the circumstances ofthe case and its decision shall be final.If and when additional time is granted by the Coal India Limited and its subsidiary

companies, the contract/supply order shall be read and understood as if it had contained

from its inception the delivery date as extended.

13. Payment Terms

I . 100 % payment of order price along with taxes(GST) shall be made by subsidiaries

of CIL within 2l days from the date ofreceipt and acceptance of materials at store

Supply Order No. CIL/C2DIOTR TYP.Elz}lg -20/35 I / I 59 Date:28.02.2020 Page 5

Wrv &1,,1,,

Bank should send the underlying confirmation message in IFN760COV orIFN767COV message type for getting the BG advised through our bank. Alsoissuing bank should mention "CILO066312 in field no. "7037" ofIFN760COV orIFN767COV .The message will be sent to the beneficiary bank through SFMS. Thedetails of beneficiary Bank for issue of BG through SFMS Platform is fumishedbelow:-

10. This l0% SDPBG will be released after satisfactory performance ofall the Tyresand fulfillment ofcontractual obligations and on receipt ofno claim certificate fromthe user subsidiaries of CIL.

4. GST registration No. of supplier :29AAACJ67l6FlZK

5. Bank A,/c No. of supplier:

I Name of banker Indian Bank

2 Bank Account number 487635050

3 IFSC code IDIBOOOM048

6. The Tax Invoice raised by you must be in compliance ofrelevant GST Acts, rules& notifications made thereunder and should bear the GSTIN of respective areas ofrespective subsidiary. The rate and amount of CGST, SGST, IGST, and GST(Compensation to state) cess, related to supply ofgoods, shall be shown separatelyin tax invoice In case you have opted for composition levy, the Bill of Supply shallbe raised by him in compliance ofrelevant GST Acts, rules & notifications madethereunder.

7. The CGST & SGST, IGST and GST (Compensation to srate tax), as applicable atthe time ofsupply, shall be paid extra against submission ofproper Tax invoice, asreferred above, by the supplier so that the respective subsidiary could be able toavail Input tax credit of such CGST, GST, IGST, GST (Compensation to State)Cess reflected in the invoice.

8. If the ITC claimed is disallowed due to failure on the part of supplier inincorporating the tax invoice issued to subsidiary company in its relevant retumsunder GST, payment of CGST & SGST or IGST, GST (Compensation to Stare)Cess shown in tax invoice to the tax authorities, issue ofproper tax invoice or anyother reason whatsoever, the applicable taxes & cess paid based on such Tax invoiceshall be recovered by the respective Subsidiary Company from the current bills orany other dues ofthe supplier.

9. The amount ofCGST & SGST or IGST and GST Cess, as indicated in the Taxlnvoice shall be paid only when they appear in GSTR 2.A ofthe subsidiary companyand the supplier has filed the valid retum in accordance with the provisions oftheGST Act and the rules made there under.

4,t u7)

Supply Order No. CIL/C2DIOTR TYRE/2O19-20/35 l/159

$Date:28.02.2020 Page 6

or the date of submission of bills whichever is later, subject to receipt andConfirmation of SDPBG as defined in 'SD Performance Bank Guarantee' clause.

2. Bills of 100% ofthe price ofeach consignment along with 100% taxes (GST) inquadruplicate, quoting No. and date of L/R or consignment note, duly stamped andpre-receipted should be presented to the paying authority. A list indicating the serialnos. ofthe tyres supplied separately for each size should be enclosed with bills.

3. The supplier must submit a price certificate in all their invoices in the followingformat, "It is certified that the prices indicated in this invoice is not higher thanthe amount billed to other Govt. organizations /PSUs/Private organizations inIndia. "

I l.In addition to above, if any other taxlduties are levied over supply ofsuch item infuture, it shall be paid extra.

12. GST shall also be levied on penalties, ifapplicable.

14. Paying Authority

GM (Finance) or his authorized representative ofConcemed User Subsidiary.

15. Factory Address ofthe firm : JK Tyre & Industries Limited, Plot no - 85,Block- B,Metagalli , KRS Road,Mysore - 570016, Kamataka

16. Inspection

a) Pre-dispatch Inspection:

The Inspecting authority reserves the right, ifrequired, to conduct pre-dispatch inspectionat the Premises of the Supplier to inspect and /or to test the Tyres to confirm theirconformity to the contract specification. The Supplier shall provide all reasonable facilitiesand assistance, including access to drawings and production data at no extra cost to thePurchaser. However, any drawing and proprietary information provided for this purposeshall remain in control ofthe supplier.

Sufficient time, at least 30 days in advance should be given for arranging pre-dispatch.inspection and the Supplier shall intimate the Inspecting authority that the material is

ready for Pre- Dispatch lnspection.

The Inspecting authority shall notify the supplier in writing, in a timely manner, of theidentity ofany representative retained for these purpose.

Inspecting authority will be GM(Excavation)/HoD or his authorized representative of the

consignee subsidiary.

b) Final Inspection:

The final inspection of tyres will be canied out at destination. GM (Excv)/HOD, ofConcemed user Subsidiary or his authorized representative shall have the right to inspect

and/or to test the goods to confirm their conformity with the contract and in case anyinspected/tested goods fail to conform to the specifications, the purchaser may reject them

and the supplier shall either replace the rejected goods / make alterations necessary to meet

the specifications free of cost to the purchaser. However, Manufacturer's standard test

certificates indicating conformation to the specifications ofthe order should be submittedin advance.

yu612D

Date:28.02.2020 Page 7

l0. In the event of any additional tax liability accruing on the supplier due toclassification issue or for any other reason, the liability ofsubsidiary company shallbe restricted to the amount ofGST charged on the original tax invoice issued by thesupplier.

Supply Order No. CIL/C2DIOTR TYRE/2019 -20 135 I I 159

17. Technical Specifications

ofthe tyres.

18. Warranty

fbllowing formula:

$ d fl

Tyres should be supplied as per the above technical specification. The Make, Brand, Tyre

Size, Ply Rating and TRA Code to be embossed along with other details on Tyre'

original technical data book, user handbook /maintenance manual shall have to be

subiritted I copy each to General Manager (Excavation)/HOD of Subsidiary Companies

and General Manager (EED), CIL HQ. at the time of supply of the Tyres'

You are required submit the certificate ofTKPH for the offered tyres at the time ofsupply

Waranty in respect of substandard materials, poor workmanship and faulty design should

be valid for 40d0 hours of operation or a period of l8 months from the date of receipt &

acceptance at consignee store whichever is earlier for 27.00 x 49 sizes ofoTR tyres.

ln case any tyre is found to be defective, it will be intimated immediately to the supplier to

arrange for inspection. [f after examination any tyre is found warrantable, then supplier

shall'replace tlie defective tyre with a new tyre at purchase order price after providing

compeniation on pro rata basis based on the estimated balance life ofdefective tyres as per

13 u})o

Offered Technical SPecificationsElements of technical specificationsl.No.

27.00 x 49-48 PR E4Tyre size as per NITI

100T (sht)Rear Dum

Application

JK Tyre & Industries LimitedMake3

VEM 045Brand4

765Inflated overall width (mm)5

Inflated overall diameter (mm)6

69Tread depth(mm)

t0Minimum tread depth for retreading (mm)

450Tyre TKPHI

27.00 x 49 48PR VEM 045 E4 TLComplete description of tyrepurpose conforming to tech details as

mentioned above and shipment ofthesame

for orderingl0

Supply Order No. CILIC2DIOTR TYREl2019-201351 I 159

\01/)

Date:28.02.2020 Page I

2

2703

7

8

Warranty replacement with a new tyre at purchase order price after providing compensationon pro rata basis, as per the above formula, should be completed within one month fromthe date of claim for indigenous tyres and three months from the date of claim for importedtyres. The tyre so replaced shall also carry a warranty period as defined above. Safe deliveryofthe replaced tyre to the consignee's end will be the responsibility of the supplier. Theconsignee will render help to the supplier, ifrequired by them.

All cases of warranty replacements will be decided on the basis ofjoint inspection ofthefailed tyres held between the user's representative and the manufacturer's representative.The joint inspection report shall be made as per format enclosed. In case of anydisagreement between the user and supplier on the cause of premature failure whilecarrying outjoint inspection offailed tyres, the decision of Director (Technical), Operationsof the concemed subsidiary shall be final. The warranty claims shall be settled with the

supplier directly by the consignee subsidiaries.

For tyres fitted on l00T Dumpers, the suppliers shall make at least four technical visitswithin the warranty period, to each ofthe mine sites where their tyres are deployed. Theyshall make a survey ofall the tyres oftheir make to ensure proper usage, maintenance and

satisfactory performance.

A joint inspection report as per format enclosed shall be drawn out which shall be signed

by the Section Incharge, Excavation Engineer Incharge of the mine and Staff Officer(Excavation) ofthe area. Copies ofthe report shall be immediately submitted to the General

Manager (Excavation)/HOD of the subsidiary companies, General Manager (EED), CIL,Kolkata and General Manager (MM), CIL, Kolkata.

In case four (4) technical visits are not made within the warranty period, penalty @ 0.25%(quarter percent) of the order price (FOB/CFR) for import and FOR destination forindigenous) oftyres not visited shall be recovered from the supplier for each non-visit.

20. Integrity Pact

The pre-contract Integrity Pact signed and submitted by you along with your offer against

this tender shall remain valid and applicable against this contract. A copy ofthe IntegrityPact duly signed by purchaser and seller is enclosed at Annexure-4.

In terms of the Integrity Pac! the Extemal Independent Monitors nominated for this

contract shall be :-

q6W)01!0

Supply Order No. CIL/C2DIOTR TYRE/201 -20135v159 Date:28.02.2020 Page 9

Compensation=(B/A)xCWhere, A = Original tread depth of the tyreB = Remaining tread depth when the tyre fails.C = Landed cost ofthe tyre as per purchase order as considered for fumishing PBG.

19. Technical Support and Service

In addition to normal after sales service, the supplier will render technical support and

services to ensure proper usage, maintenance and satisfactory performance of the tyressupplied as per procedure mentioned below:

lt

Shri Sudhir Kumar, CE&MES(retd.),8-128, Triveni SFS, Sheikh Sarai-l, Delhi-

I I 00 I 7.E-mail: stomar2@smail.com

Shri Anil Kaushal, ITS(retd.),A- l /245,GF,Janakpuri, New Delhi - I10058

E-mail : kaushal.anil I 7@gmail.com

21. Jurisdiction of Court:

Any dispute arising out ofor in respect ofthe contract will be subject to thejurisdiction ofCalcutta High court, Kolkata, INDIA.

22. Cancellation of Order:

CIL reserves the right to short close the contract in case ofbreach of terms and conditions

ofthe contract by the supplier.

23. The Pre Contract Integrity Pact signed & stamped as submitted by you in the Tender

Document shall form part ofthis Purchase Order.

24. All other terms and conditions shall be as per NIT and as per the "General Terms &Conditions for Supply ofStores" enclosed at Annexure-3.

25. Contact person of the supplier: Mr. Rajkumar Dahiya, Deputy ManagerPhone-0959981 7127e-mail :rajkumar.dahiya@jkmail.com

All other remaining commercial terms & conditions and technical specifications willstrictly be as per our NIT as confirmed in your offer and confirmatory documents.

This order is placed for and on behalf of Subsidiary Cos' of CIL.The contract has been

concluded with the issue of this order.Yours faithfully,

,^^W' BkJfl,uDeputy Manager(MM) Chief Manager(MM)

Enclosures and Distribution:

Encl: l. Annexure-l: Format ofJoint Inspection.

2. Annexure-2: Format of SDPBG3. Annexure-3: General Terms and Conditions for supply ofStores4. Annexure-4: Pre Contract Integrity Pact

l. CM(MMyGM(Excavation),ECL/MCLA{CLISECL2. GM(Finance) ECL- This has reference to the BC No.MB/R-252IHEMM

Spares/ I 9-20 dated 24.02.2020 for Rs. 1,07, I 9,23 2.00

Supply Order No. CIL/C2DIOTR TYREl2019-20/351/159 Date: 28.02.2020 Page 10

Distribution:

3. GM(Finance) MCL- This has reference to the BC No.BE l9-20,4r4B l9-20IHEMMSpares/TCPJareas/ l4 dated 24.02.2020 and FC no.FC/MCL/SBP/19-2044B/HEMM Spares/TCR/AreaslT 9 dated 24.02.2020 for Prs.2,46,54,233.60

4. GM(Finance) NCL- This has reference to the BC No.NCL/HQ/BC/2019-20lCentralised Other Stores/52 dated 26.02.2020 and FC videno.NCL/HQ/FC/2019-20lOther Stores/Centralised/51 dated 26.02.2020 forF.s.l7,52,59,443.20

5. GM(Finance) SECL- This has reference to the BC No.SECL/GM(F)/BC/HEMMStores/SECL Areas/20-21/54/2 dated 27 .02.20 for Rs.'l 988.32 lakhs

6. GM (EED)HOD, Engineering and Equipment Division, CIL7. GM(Fy MM Dept, CIL8. Depot Officer, Central Stores, Korba, SECL, Dist. Korba, Chattisgarh. Fax: 07759-

2494049. Depot Officer, Central Stores, Jayant, NCL, P.O. Jhingurda Colliery, Dist.

Singrauli, M.P, Pin 486890. Fax No. 07805-25619010. Depot Officer, Area Stores, ECL Rajmahal Area, PO Lalmatia , Dist . Godda ,

Jharkhand11. Depot Officer, Area Stores, ECL S.P. Bazari Area, PO Bahula , Dist. Burdwan ,

West Bengal12. Depot Officer, Central Stores, MCL Jaganth Area, PO Balanda, Talcher, Dist.

Angul , Orissa

l.Shri Sudhir Kumar, CE&MES(retd.),B-128, Triveni SFS, Sheikh Sarai-1, Delhi-I I 00 I 7.E-mail: stomar2@gmail.com

2.Shri Anil Kaushal, ITS(retd.),A- l/245,GF,Janakpuri, New Delhi - 110058E-mail : kaushal.anil I 7@gmail.com

N ry$,/ l/c1) 4OL NLb

Chief

Date: 28.02.2020 Page 17

Copy for kind information to:

Supply Order No. CILlC2DIOTR TY REl20 I 9 -2013 5 I / | 59

Annexure-1

COAL INDIALIMITEDJOINT INSPECTION FORMAT OF OTR T}'RES

SUBSIDIARY

MANUFACTURER P.O. REF. NO

TYRE SIZE TYRE TYPE,,...

oRIGINAL NSD......................PRESSURE........

RECOMMENDED INFLATION

DATE OF INSPECTION

(*) INDTCATE TYRE CONDITION & DETAILS OF PREMATTIRE FAILURE

IFANY WITH DATE OF REMOVAL

GENERAL CONDITION OF HAUL ROAD......

GENERAL CONDITION OF LOADING/DUMPING AREA.......

GENERAL REMARKS.......

INCHARGE _TYRE SECTIONMANUFACTURER'S REP

EXCV-ENGR IN CHARGE

DISTRIBUTION

General Manager(EEDy HOD, CIL, KolkataGeneral Manager(Excv)/HOD of the concemed subsidiary company

Area Engineer(Excv) / Staff Officer ofthe concemed area

PROJECT

N

I

2

Pq**

TYRESLNO.

M/C NO.(POSTTION)

DATE OFFITMENT

TNFLATIONPRESSURE

HRSRUN

BALANCENSD

REMARKS(*)

Supply Order No. CIL/C2DIOTR TY kEl20l9 -20 135 1 I I 59 Date: 28.02.2020 Page 72

I]

Annexure-2

... . .. . . (Name & address ofthe Purchaser)Company)

Contractor has entered into the said agreement dated.............frereinaftercalled 'the said agreement') with (Name ofthePurchaser Company) hereinafter called(the company) to

. .stores/materials amounting to Rs.

... . ..... .... .. . .. ..on the terms and conditions contained in the said agreement.

It has been agreed that ................. . (..............percent) payment

of the value of the stores/materials will be made to the Contractor in terms of the said

agreement on the contmctors fumishing to the company a bank guarantee for the sum ofRs...................................as security for due repayment ofthe said sum in terms ofthe said

agreement, ad ak) interest astherein provided.

supply.. .. ... . ..... . .. .

The............................. (Name of the Bank) having its officeat has at the request of the Contractor agreed to give theguarantee as hereinafter contained

We ....................(Name of the Bak) (hereinafter called 'the Bank) do hereby

unconditionally agree with the Company that ifthe Contractor shall in any way fail toobserve or perform the terms and conditions ofthe said agreement regarding repayment

of the said sum of Rs ...or any ofthem including the term for payment ofinterest for delay in deliveries orshallcommit any breach ofits obligations thereunder, the Brk$nlon demand and without any objection or demur pay to the Company the said sum ofRs...................or such portion as shall then remain unpaid with interest withoutrequiring the company to have recourse to any legal remedy that may be available to it tocompel the Bank to pay the same, or calling on the company to compel such payment

by the contractor.

Any such demand shall be conclusive as regards the liability of the Contractor to the

Company and as regards the amount payable by the Bank under this guarantee' The Bank

shall not be entitled to withhold payment on the ground that the contractor has disputed its

tiability to pay or has disputed the quantum ofthe amount or that any arbitration proceeding

or legal proceeding is pending between the Company and the contractor regarding the

claim.We, the Bank-further agree that the guarantee shall come into force from the date hereofand shall remain in full force and effect till the period that will be taken for the performance

of the said agreement which is likely to be the........d a y of but

Supply Order No. CIL/C2DIOTR ryRED0l9-2013511159 Date:28.02.2020 Page 1'3

f%rY h,

Coal India Limited,Action Area-lA, New Town, Kolkata - 700 156

Format for Securitv Deposit Cum Performance Bank Guarantee

Re :Bank Guarantee in respect of Agreanent dated Day of......20...............between.... ...(Name ofPurchaser Company) and..................(Name of Supplier Company)

4,,

if the period of agreement is extended either pursuant to the provisions in the saidagreement or by mutual agreement between the contractor and the Company the Bank shallrenew the period ofthe guarantee failing which it shall pay to the Company the said sumofRs............, orsuch lesser amount out of the said sum ofRs . .. . . . . as maybe due to the Company and as the Company may demand. Thisguarantee shall remain in force until the dues ofthe Company in respect ofthe said sum ofRs...................... and interest are fully satisfied and the company certifies that theagreement regarding re-payment of the said sum of Rs.............................has been fullycarried out by the contractor and discharges the guarantee.

The Bank further agrees with the Company that the Company shall have the fullest libertywithout the consent ofthe Bank and without affecting in any way the obligations hereunderto vary any ofthe terms and conditions ofthe said agreement or to extend the time forperformance ofthe said agreement from time to time or to postpone for any time or fromtime to time any ofthe powers exercisable by the Company against the contractor and toforbear to enforce any of the terms and conditions relating to the said agreement and theBank shall not be relieved from its liability by reason of such failure or extension beinggranted to the contractor or through any forbearance, act or omission on the part of theCompany or any indulgence by the Company to the contractor or any other matter orthing whatsoever which under the law relating to sureties would but for this provisionshave the effect of relieving or discharging the Guarantor.The Bank further agrees that in case this guarantee is required for a longer period and it isnot extended by the Bank beyond the period specified above the Bank shall pay to theCompany the said sum of Rs... ... ... ... . ....or such lesser sum as maythen be due to the Company out of the said advance ofRs......................and as theCompany may require.Notwithstanding anything herein contained the liability ofthe Bank under this guarantee isrestricted to Rs.....................only. The guarantee shall remain in force tillthe................ day of....................and unless the guarantee is renewed or a claim ispreferred against the Bank within 3 months from the said date all rights ofthe companyunder this guarantee shall cease and the Bank shall be released and discharged from allliability hereunder except as provided in the preceding clause.

The Bank has under its constitution power to give this guarantee and (Nameofthe person) who has signed it on behalfofthe Bank has authority to do so.

Nlrxb

Supply Order No. CIL/C2DIOTR TyRE/2019-20/351 /159

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Date: 28.02.2020 Page 14

Signature ofthe authorised personFor and on behalf of the Bank.

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Annexure-3GENERAL TERMS & CONDITIONS OF SUPPLY OF STORES

1. Definifion

In the interpretation of the contact and the general and special conditions goveming it, unless thecontext otherwise requires:

(i) "Contract" means the invitation to tender, instructions to tenderers, acceptance of tender,particulars and the general and special conditions specified in the acceptance oftender andincludes a repeat order which has been accepted and acted upon by the contractor.

(ii) The term "Supplier" shall mean the person, firm or company with whom the contract isplaced and shall be deemed to include the supplier in successors(approved by the purchaser),representatives, heirs, executors, administrators and permitted assignees as the case may be.

(iii) "Contract Price" shall mean the sum accepted or the sum calculated in accordance with theprice and/or terms accepted by or on behalf of the purchaser.

(iv) The chairman, means the chairman of coal India Limited. The chairman-cum-ManagingDirector means chairman-cum-Managing Director of any of the Subsidiary companies ofCoal India Limited, presently Central Coalfields Limited, Eastem Coalfields Limited,Westem Coalfields Limited, Bharat Coking Coal Limited and Central Mine planning &Design Institute Limited, South Eastem Coalfields Limited, Northern Coalfields Limited,Mahanadi Coalfields Limited and North Eastem Coalfields.

(v) The terms "Drawing" shall mean the drawing the plans specified in or annexed the scheduleor specifications.

("D The terms "Purchase Executive" shall mean the purchaser or purchaser named in theschedule to Tender, his or their successors or assignees.

("ii) The term the "Inspector" shall mean any person nominated by or on behalfofthe purchaserto inspect supplies, Stores or work under the contract or his duly authorized agent.

(viii) The term "Progress Officer" shall mean any person nominated by or on behalf of thepurchaser to visit supplier's works to ascertain the position ofdeliveries ofstores purchased.

(ix) The term "Materials" shall mean anything used in the manufacture or fabrication of thestores.

(x) The term "Particulars" shall mean the following :

(a) Specifications;(b) Drawing;(c) Sealed pattem denoting a pattem sealed and signed by the Inspector.

Supply Order No. CIL/C2D/OTR TY REl20 19 -20 13 5 1 I 1 59 Date:28.02.2020 Page15

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(d) Certified or sealed sample denoting a copy of the sealed pattem or sample sealed by the

purchaser for guidance of the Inspector'

(e) Trade pattem denoting u.i*aari of the ISI or other standardizing authority or coal India

Ltd. and/or any of its .ut,iaiuty companies or a general standard of the industry and

obtainable in the oPen market'

tO p."pria".y make denoting the product ofan individual. manufaclurers'

ilj ^"i "rr.Jo;i"iit eo*m;; th! ton't"ttion' manufacturer and/or supplv as existing in the

contract.

(xiii)

(xiv)

(xi) "Stores" means the goods specified in the supply order or schedule which the contractor has

agreed to suPPlY under contract'

Theterm..Test,,shallmeansuchtestortestsasareprescribedbythespecificationor

"o"riJ"r.a ,.""ssary by the Inspector or any agency acting under direction oflhe Inspector'

The term "site" shatl mean the place or places named in the "supply order" or such'other

pi"". ",

pf".". "

which any work has to be canied out as may be approved by the purchaser'

Works denoting the persons shall include any company or association or body ofindividuals

whether incorPorated or not.

(xii)

(xv) "Writing" shall include any manuscript' typewritten or printed statement under or over

signature or seal as the case may be'

(xvi) "Unit" and "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.

2.Thedeliveryofstoresshallbedeemedtotakeplaceondeliveryofthestoresinaccordancewiththe terms of the contract after approval ofstores by the Inspector' to:

(i) the consignee at his premises, or

(ii) where-so provided the interim consignee at his premises' or

(iii)a canier or other persons named in the contract an interim consignee for the purpose of

transmission to the consignee'(ir)ih;;;.ig.ee at the de.liination 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 femine gender and work

uD

y Order No. CIL/C2DIOTR TYRE/2 019-2013511159 Date:28.02.2020 Page16

persons, shall include any company or association or body of individuals whether incorporated or

5.Terms and expressions not herein defined shall have the meanings assigned to them in the IndianSale of Goods Act, 1930 or the Indian Contract, 1872 or the General Clauses Act, 1897 and as

amended in respect of all the Acts, as the case may be.

6.(a) PartiesThe parties to the contract are the supplier and the purchaser named in the schedule orother specifically mentioned in the contract.

any

(b) Address to which communication are to be sentFor all purposes of the contract, including arbitration thereunder, the address of the suppliermentioned in the tender shall be the address to which all communications addressed to thesupplier shall be sent, unless the supplier has notified a change by a separate letter containingno other communication and sent by registered post acknowledgement due to the head of theoffice placing the supply order. The supplier shall be solely responsible for the consequenceofan omission to notiS a change of address in the manner aforesaid.

Any communication or notice on behalf of the purchaser in relation to the contract may beissued to the supplier by Purchase Executive and all such communications and notices may beserved on the supplier either by registered post or under certificate of posting or by ordinarypost or by hand delivery at the option of such executive.

ienPxehange Element an

i@

(t 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

Supply Order No. CIL/C2DIOTR TYREl2Olg-201351/159 Date:28.02.2020 PagelT

$ YY ft1,,1*'

not.

z.(i)fbstination; nehvery

is..

should be stated

(ii)of cost

(iii) All samples must be clearly labeled with the tenderer's name, this offer enquiry Number and

the last date of opening oftender.

9.(a) Subletting and Assignment

The supplier shall not save with the previous consent in writing ofthe purchaser, sublet, transfer or

assign the contract o, *y pu.t thereof or interest therein or benefit or advantage thereof in any

*urii", *t uoo.u"r. p.ouid"d ner".ttt"l"ss that any such consent shall not relieve the supplier from

any obligation, duty or responsibility under the contract'

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AlllsamplesrequiredforinspectionortestshallbesuppliedbythesuccessfulTenderersfree

Supply Order No' CIL/C2DIOTR TYRE/201 9-2013511159 Date:28.02.2020 Pagel'B

(r) The prices quoted must be firm and the offers made must remain open for at least four months

ir6- tft" a*. of submitting quotations unless otherwise specified'

(vi)Tendermustinvariablybesubmittedalongwithillustratedliteraturegivingcompleteandi"*f.Arp."ln.ation. particuilrs etc. ofthe main uiit and ofthe standard accessories to be supplied

with the stores.

(vii) The tenderers must clearly specify their recommended tp*t pTt t|r-l*.Ll.b^t-^ "^^irpi,f r"o"trg*fth the main unii and itemwise prices of the spare pa(s' also what are tast movrng;

.Jilr- r""r-i"g; ,to* -oriij "na insurance ipares and the period upto which they are likely to

last.

(viii) Printed terms and conditions ofthe tendering firms shall not be considered as forming part of

their tender. In case the terms and conditions of contract applicable to this. invitation to tender are

."i"*"p"ur" ," ttr" terrae.ing firms, they should clearly specify deviations therefrom in their tender'

(ix)Typedquotationsshouldbesubmitted.Thosecontainingerasuresandover-writingsareliableioi".".i!it.a. e"v conections made in the tenders must be initiated by the tenderers, failing which

their tenders will not be considered'

(x)lnsurancearrangementwillbemadeasperinstructionsbeingissuedfromtimetotimebytheiufuteriuts Managemeni Division of Coal India Limited and,/or its subsidiary companies'

s.(i) Samples of each item, if considered necessary, should be submitted simultaneously by the

contractor for inspection by lnrf."to.lln.p".tors unless the articles under tender are of considerable

bulk, in which .*" ,"purut" uri*g.."ni will be made for inspection of the articles offered while

considering the quotations.

(b) Change in a Firmil.ll)

(iii) Ifthe contract is not determined as provided in the sub-clause(ii) above notwithstanding theretirement ofa partner from the firm, he shall continue to be liable under the contract for actsofthe firm until a copy of the public notice given by him under Section 32 ofthe PartnershipAct has been sent by him to the purchaser by registered post acknowledgement due.

10.(a) Consequence of BreachShould the supplier or a partner in the supplier firm commit breach ofeither ofthe conditions(a) or (b)(i) of this sub-clause, it shall be lawful of the purchaser to cancel the contract andpurchase or authorize the purchaser of the stores at the risk and cost ofthe supplier and inthat event the provisions ofclause 20 shall as far as applicable shall apply.

(b) The decision of Coal India Ltd. and./or its subsidiary companies as to any matter or thingconceming or arising out of this sub-clause or any question whether the supplier or anypartner ofthe supplier firm has committed a breach ofany ofthe conditions in this sub-clausecontained shall be final and binding on the supplier.

I l. Use of raw materials secured with Govemment assistance.

(a) Where any raw material for the execution of the contract is procured with the assistance ofCoal India Limited and/or its subsidiary companies by purchase or under arrangementmade or permit, licence, quota certificate or release order issued by or on behalfofor underauthority or by any officer empowered in that behalf by law, or is issued lrom govemmentstock and where advance payments are made to the supplier to enable him to purchase suchraw materials for the execution ofthe contract, the supplier,

(i) shall hold such material as trustee of Coal India Limited and/or its subsidiary companies,

(ii) shall use such material economically and solely for the purpose of the contract.

(iii)shall not dispose of the same without the previous permission in writing of the purchaser;and

(iv)shall tender due account ofsuch material and retum to the purchaser at suchplace as the purchaser

Date'.28.02.2020 Page19

lv6.l4p12

(i) Where the supplier is a partnership firm, a new partner shall not be introduced in the firmexcept with the previous consent in writing of the purchaser(which may be granted only asan exception) ofa written undertaking by the new partner to perform the contract and acceptall liabilities incurred by the firm under the contract prior to the date of such undenaking.

(ii) On the death or retirement ofany partner ofthe supplier firm before complete performanceof the contract the purchaser may at his option cancel the contract in such case the suppliershall have no claim whatsoever to compensation against the purchaser.

Supply Order No. CIL/C2DIOTR TYRE 1201 9 -20 I 3 5 I / I 59

-Ifi,1,,

maydilectallsurplusorunserviceablematerialthatmaybeleftafterthecompletionofthecontract or its termination for any reason whatsoever. On retuming such material,-the supplier

shall be entitled to such price thereof as the purchaser may fix having regarding the condition

of such material

(b) where the contract is terminated due to any default on the part of the supplier, the supplier

shall pay all transport charges incurred foi retuming any material upto such destination as

-uy U" t"t"..in"t Uy CouT maiu Limited and/or iti subsidiary companies whose decision

shall be final

(c)Ifthesuppliercommitsbreachofanyoftheconditionsinthisclausespecified,heshatl,withoutprejudicetoanyotherliability,penalo-rotherwise'beliabletoaccounttoCoalIndia Limited and/or its subsidiary companies all moneys, advantages of p.rofi-ts accruing

from or which in the usual course'would have accrued to him by reasons of such breach'

(d) where the stores manufactured or fabricated by the supplier out of the. matelials arranged

or procured by or on behalf of coal India Limited and/or its subsidiary companies are

rejected the supplier shall, without prejudice to any other right, or remedy of the

Govemment,paytothego,..,n"ntonaemanathecostpriceormarketvalueofallsuchmaterials whichever is greater.

12. The tenderers in case of imported items, shall clearly mention in the quotation that in the event^-

J;h. supply order being piaced with them, they shall arrange for supply within a reasonable

p.i"a "i'"ff

'r".".r*y -iint.n-ce tools and spares parts that may be required from time to time

'a*ing tt "

normal life of the machines, on a continuous basis and at a price not in excess of the

tanaei cost at their premises plus a stated percentage differential (such a differential should be

irJl*.al _a proper servicing of the mainunit supplied_ by them as and when required. In case

there is a Rate ^Contract

with the DGS&D supply be made at the RC rates'

13.

l4.Forordersplaceddirectlyonoverseassuppliers,thetenderersshouldseparatelyinJi"ut" whether their piices quoted incluie any commission for the manufacturer's agents in

India and the amount of ,emu.reration for the agent included in the quoted price' Price shall

include,a) the service that will be rendered by

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Su ly Order No. CIL/C2DIOTR TYRE/2O19-20/351/15 9 Date:28.02.2020 Page20

them as manufacturer's agent;

b) 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 India.

15. On acceptance ofthe tender, a formal acceptance oftender or supply order willinvariably be issued. Advance intimation in writing of acceptance ofthe tender will begiven whenever considered necessary by the said authority. In case an advance intimationhas been given, the formal acceptance of tender of supply order shall follow in duecourse, but immediate action towards execution ofsupply order shall be taken on receiptof the advance intimation.

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17. Inspection and Rejection

Generally the stores shall be ofthe best quality and workmanship and comply with the contract

Supply Order No. CIL/C2D/OTR TYRE/2019-20/351 1159 Date:28.02.2020 Page2l

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b)

(a) Facilities for Test and Examination

Thesuppliershall,athisownexpenses,affordlgthe.Inspeclorallreasonablefacilitiesandsuchaccommodation as may be *."i.*v r". satisfying itself, that the stores are being and/or have

been manufactured in accordance with particulars. The Inspector shall have full and free access

;;;il;;iltne execution oirr,"io*ru"t,o the suppliers work for the purpose aforesaid,

;il";;y ,"qri"re the supplier to make arrangements for inspection of the stores or any part

;;;;f;;y;aterial at his premises or at any;ther places specified by the Inspector and if the

;pd,;. ili[;n pe.*iu"d io employ the services.oi the sub-supplier, he shall in his contract

*itft tfr" sub-supplier reserve to the Inspector a similar right'

(b) Cost of Test

Thesuppliershallprovidewithoutanyextrachafge,.allmaterials,tools,labourandassistanceof.r".v iil"a *ni.h th" inrpe"to. may i"mand from him for any test, and examination, other than

special or independent test, wiictrhe shall require to be made on the supplier's premises and the

.lppli", .r,"[ iea, and puv uii"oJ. attendant thereon. If the supplier fails to comply with the

.oriition, ufor.said, the Inspector shall in consultation with the purchaser' b-e entitled to remove

for test and examinations uff or *V of the stores manufactured by the supplie,r to any premises

"ii"i-it * t i<ruppliers) -Ji" ;i such cases the supplier bear the cost of transport and./or

""*yf"g ".i- rri"t't'"rt, "i."*tr".".

a ce.tificate in writing of the Inspector, that-the. supplier has

ilirJ,jli pro"ia" the facilities and the means, for test and examination shall be final.

(c) Detivery of Stores for Test

Thesuppliershallalsoprovideanddeliverthetestfreeofcharge,atsuchplaceotherthanhispremisei as the Inspector may specify, such materials or stores as he may require'

(d) Liability for Costs of Laboratory Test

Intheeventofrejectionofstoresoranypartthereofbythelnspectorinconse-quenceofthe,u*pt" tt "..ol

*Li.h ."nlou"d to the laboiatory or other place oftest, being found on test to be

noiin.orfo..ity with the contract or in the event of the failure of the supplier for any reason to

deliver the stores passed on iest within the stipulated period, the supplier shall,-on.demand pay

to in" p*"t ur". ail costs ir.ur."J in ttt" Inspection and/or test cost of the test shall be assessed

"i itt" i"t" charged by the laboratory to provide persons for similar work'

(e) Method of Testing

thereto

4P

e Inspector shall have the right to put all the stores or materl s forming part of the same or

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$ ,i,Su ly Order No. CIL/C2DIOTR TYRE/2019- 2013511159 Dale|28.02.2020 Page22

or supply order in all respect. The stores supplied shall be in accordance with specification

il;:'&;.r;*n i, autirorir"Jund specified'in the contract or supply order or any amendment

Unless otherwise provided for in the contract, all stores/materials expended in test will be tosupplier's account.

(g) Inspector Final Authorify and to Certifo Performance

(i) The Inspector shall have the power :

Before any stores or part thereof are submitted for inspection to certify that they cannotbe in accordance with the contract owing to the adoption of any unsatisfactory methodor manufacturer;

(ii) To reject any stores submitted as not being in accordance with the particulars.

(iii)To reject the whole ofthe installment tendered for inspection, if after inspections of suchportion thercof as he may in his discretion think fit, he satisfied that the same is unsatisfactory

; and(iv) To mark the rejected stores with a rejection mark so that they may be easily identified ifre-submitted.

(h) Consequence of Rejection

If on the stores being rejected by the Inspector or consignee at the destination, the supplierfails to make satisfactory supplies within the stipulated period of delivery, the purchaser shallbe at liberty to :

(i) Allow the supplier to re-submit the stores, in replacement of those rejected, within a

specified time, the supplier bearing the cost of freight, if any, on such replacement withoutbeing entitled to any extra payment on that account ; or(ii) Purchase or authorize the purchase of quantity of the stores rejected or so others of asimilar description (when stores exactly complying with particulars opinion ofthe purchase

executive which shall be final, readily available) without notice to the supplier's liability as

regards the supply ofany further installment due under the conuact ; or(iii) Cancel the contract and purchase or autlorize the purchase of the stores or others of asimilar description (when stores exactly complying with particulars are not in a opinion ofthe purchaser, which shall be final, readily available) at the risk and cost ofthe supplier. Inthe event ofaction being taken under sub-clause(ii) above or this sub-clause in the provisionsofclause 20 shall apply as far as applicable.

(i) Inspectors' Decision as to Rejection FinalThe Inspector's decision as regards the rejection shall be final and binding on the supplier.

Supply Order No. CIL/C2DIOTR TYRE/2019-20/35 1/159 Date:28.02.2020 Page23

/u,*%\N Mt,

any part thereofto such tests as he may think fit and proper. The supplier shall not be entitled toobject on any ground whatsoever to the method oftesting adopted by the Inspector.

(f) Stores Expended in Test

() Where under a contract, the price payable.is fixed on FOR station of dispatch

"' t*ir, tt . suppliercnar, iiiirJ ,to..s are rejected at destination by the consignee, be liable in

addition to other liabilities io reimburse to the purchaser the freight paid by the purchaser'

(k) Notilication of Result of InspectionUnless otherwis" proria"alnlir" specification or schedule, the examination ofthe stores will

be made as soon as practi;;;[ ufte. th" same have been submitted for inspection and the

result ofthe examination will be notified to the supplier'

(l) Marking of StoresThe supplier shall, if so required, at his own expense mark or permit the Inspector to mark

alltheapprovedstoreswitharecognizedGovemmentorpurchaser,smark.The.storeswhichcannot be so marked .t uti, if ro re"quirea by the Inspector, be packed in suitable package or

cases each of which shall be sealed and marked with such mark'

(m) Removal of Rejection

(i)Anystoressubmittedforinspectionataplace.otherthanthepremisesofthesupplierandrejectedshallberemovedbythesuppliersubjectashereinafterprovidedwithin14daysofthe date of."."ipi ofintimation oisuch rejection' If it is proved that

-letter containing

suchintimationisaddressedandpostedtohimattheaddressmentionedintheschedule,it will be ae"mea to iar" been served on the supplier at the time when such letter would

inthecourseofordinarypostreachthesupplier.Itshallbecompetentforthelnspectorto call upon ttre supftiei to remove what he considers to be dangerous' infected or

perishable stores wi[hin 48 hours ofthe receipt of such intimation'

(ii)SuchrejectedstoresshallunderallcircumstanceslieattheriskofthesupplierfromthemomentofsuchrejectionandifsuchStoresarenotremovedbythesupplier.withinthef".iod ufo."m"ntion"J, tft" f n.p".tor/Purchasermay either retum the same to the supplier

athisriskandcostapublictariffratebysuchmodeoftransportasthepurchaserorInspector may select,'Jr dispose of such ,tor.r ut the supplier's risk on his account and

retain in such po.tion oftt a p'oteeds as may be necessary to cover any expense-incurred

in connection witrr such disposal. The purchaser shall also be entitled to recover handling

and storage charges ior the period duing which the rejected stores are not removed'

(n) lnspection Noteson the stores being found acceptable by the Inspector, he shall fumish the supplier with

necessary copies orrrrp".iion n'ot., duly "o.pleted,

for being attached to the supplier's bill

in suPPort thereof.

18. Packing and TransPort

$

(a) 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

uuupply Order No. CIL/C2D/OTR TYRE/2019'201351 1159 Date: 28.02.2020 Page24

to their being free from loss or injury on arrival at destination. The packing ofthe stores shallbe done at the expense of the successful tenderer.

(b) The successful tenderer is responsible for obtaining a clear receipt from the transportauthorities specifying the goods dispatched. He will not book any consignment on a "said tocontain" basis. Ifhe does so, he does it on his own responsibility. Coal India Limited and,/orits subsidiary company shall pay for only such stores as are actually received by them inaccordance with the contract.

(c) All packing cases, containers, packing and other similar materials shall be supplied free bythe successful tenderer and shall not be retumed unless otherwise specified in thecontract/supply order.

(d) Packages must be so marked that identification is made easy. Packages will be stamped withidentification marks both outside the packages as well as on the contents inside.

Packages containing adcles liable to be broken by rough handling like glass or machinerymade of cast iron will be marked with cautionary works like 'Fragile', 'Handle with care'.Weight ofeach packages will be marked on the package.

(e) A complete list of contents in each package called the packing list will be prepared and onecopy will be packed in the package itself and another copy will be forwarded to theconsignee, in advance

19. Delivery:

The time for and the date ofdelivery ofthe stores stipulated in the 'Purchase Order' shallbe deemed to be of the essence of the contract and delivery of the stores must becompleted by the date specified.

1fi ,P ul)Date:28.02.2020 Page25

its Subsidiary e emparde

0,59'o(halipereent) ef the priee ef any steres rvhieh the sueeessfoL{enderer has net been ablete su-pl-' as arereseid fer eaeh rveek er part ef a rveek during whieh the delivery ef sueh stores

l57o at the diseretien ef Head ef the Materials Ma*agerrent Divisien,

Supply Order No. CIL/C2D/OTR TyP.E/2O 19 -20/35 1 I 1 59

dause{ese+e

24. The supplier shall at all times indemnify Coal India Limited and its subsidiary

companles against all claims which maY be made in respect of the supplies for infringement of

any right proiected by patent, Registration of Design or Trade Mark, Provided that in the event

of any clalm in respect of alleged breach oI Letter Patent, Registered Design or Trade Mark

being made against Coal India Ltd. and/or its subsidiary companies, the said authority shall

notify the supplier of the same and the supplier shall be at liberty at his own expense to settle

vdispute oito conduct any litigation that may rise therefrom.

,,,P u1)

21. Ifthe execution ofthe contract/supply order is delayed beyond the period . :

stipulated in the contracUffiry ffi;, ;. " result of outLreak of hostilities, declaration of an

embargoorblockade,orfire,flood,actsofnatureoranyothercontingencybeyondthesupplier'scontrol due to act ofGoo ti* i"ui r.ai" Limited orlts subsidiary companies any-allow such

additional time by "*t"niiig

ii. a"iir".v period, as it considers to be justified by the

circumstances of ttre case and its Jecision rituil b" finul. If and when additional time is granted

by the coal India Limitedllli. ,"Lriaiafv companies, the contract/supply order shall be read

uii unO".rtooa as if it had contained from its inception the delivery date as extended.

22. The supplier shall allow reasonable facilities and free access to his works and

records to the lnspector, Proga"., offrcer or such other offrcer nominated for the purpose'

Inspector of stores, i.". *ppii". made by. the. successful tenderer against the supply order

mentioned at ( 15; uUoue, Jai u" carried out by the Inspector/consignee at the colliery site/stores

"riy rt" Irtp".ting Wing-tinciusive of all its branch-offices) of the DGS&D'New Delhi or any

other agency as muv u" .pli'iitJln ihe supply order. where necessary, inspection may be carried

out at the suPPlier's Premises'

23. Coallndia Ltd. and/or its subsidiary companies do not bind itselfto accept

the lowest or any tender *a."r"*Lr to iiself the right of accepting the whole or any part of the

tender or portion oftne quantit, olferei and the tenJerer shall supply the same at the rate quoted'

0

u ly OrderNo. CIL/C2DIOTR TYRE/20t9-2013511159 Date:28.02.2020 Page26$

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

26. Freight

Where alemative reutes exist, eeal India timitedand er its subsidiary eompanies shal[; if ealled

27. Passing of PropertyProperty in the stores shall not pass to the purchaser unless and until the stores have been

delivered to the consignee or interim consignee as the case may be in terms ofthe contract.

28. Laws Governing the Contracta) This contract shall be govemed by the Laws of India for the time being in force.

b) Irrespective of the place of delivery, the place of performance of place of payment under the

contiact, the contract shall be deemed to have been made at the place from which the

acceptance oftender or supply order has been issued.

c) Jurisdiction of CourtsThe courts of the place from the acceptance of tender has been issued shall alone have

jurisdiction to decide any dispute arising out ofor in respect of the conhact.

d) Marking of StoresThe marking of the stores must comply with the requirements of the law relating to

Marchandise Marks for the time being inforce in India.

29. Comrpt Practicesa) 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 ofCoal India Ltd. and/or its subsidiary companies

any gift or consideration ofany kind as an inducement or reward for going or forebearing to

dooi for having done or forbome to do any act relating to the obtaining or execution of the

contract or any other contract with the purchaser or for showing or forebearing to show

favour or disfavour to any person in relation to the contract or any other contract with the

purchaser. Any breach of the aforesaid condition by the supplier or any one employed by

irim or acting on his behal(whether with or without the knowledge of the supplier) or the

commission of any offence by the supplier or by any one employed by him or acting on

Supply Order No. CIL/C2DIOTR TYRE/2019-20/351 1159 Date:28.02.2020 Page27

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behalfunder Chapter IX of the India Penal Code, 1860 or the Prevention of Comrption Act,1947 and any amendments thereto or any other Act enacted for the prevention ofcorruptionby Public servants shall entitle coal India Limited and or its subsidiary companies to cancelthe contract and all or any other contract with the supplier and to recover from the supplierthe amount of any loss arising from such cancellation in accordance with the provisions ofClause 20.

b) Any dispute or difference in respect of either the interpretation effect or application of theabove condition or ofthe amount recoverable, the re-under by the purchaser from the suppliershall be decided by Coal India Limited and its subsidiary companies whose decision thereonshall be final and binding on the supplier.

30. Insolvency and Breach of Contract(a) coal India Limited and./or its subsidiary companies may at any time by notice in writing,

summarily determine the conftact without compensation to the supplier in any of thefollowing event, that is to say :

If the supplier being an individual or if a firm any partner thereof, shall at any time beadjusted insolvent or shall have a receiving order or order for administration of his estatemade against him or shall take any proceeding for composition under any Insolvency Act forthe time being in force or make any conveyance or assignment ofhis effects or enter into anyarrangements or composition with his creditors or suspend payment or if the firm bedissolved under the Partnership Act.

(b) If the supplier being a company is would up votuntarily by the order ofa court or a Receiver,Liquidator Manager on behalfofthe Debenture-Holders is appointed or circumstances shallhave arisen which entitles the court or Debenture-Holders to appoint a Receiver, Liquidatoror Manager.

ul,l

(c) If the supplier commits any breach ofthe contract not herein specifically providedFor, Provided always that such determination shall not prejudice any right of action orremedy which shall have accrued or shall accrue thereafter to the purchasir and providedalso the supplier shall be liable to pay to the puchaser for any extra expenditure he ii therebyput to and the supplier shall under no circumstances be entitled to any gain on repurchase.

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Supply Order No. CIL/C2D/OTR TYRE/2019-2Ot35t I 159 Date:28.02.2020 page28

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32. Progress Reports(a) 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 thepurchaser under the contract, nor shall operate as an estonnel against the purchaser merely byreason ofthe fact that he has not taken notice ofor objected to any information contained insuch report.

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Supply Order No. CILlC2D/OTR TYRE/20 1 9-20l3 5 I / I 59 Date:28.02.2020 Page29

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This pre-bjd pre-contracl Agreement lhereinafter called the lntegrity Pact) is madeon.....J1.11 ....dzy of the month of .r)'.+.abe20.t-1, betyeer\ on one hrnd, Coal Indiaumited/Subsidiary Cos. rting thmugh Shd ., Designation of the officer,(hereinafter called lhe 'BLIYER', rvhich anpression shall mean and include rnless lhe cor[extotherwise requires, his successors in office aDd assi$s) of the First Prn and iws. 7K13k'€ /.!*r"xr.crd.Ar.r.,.rf\..represenred by shn\li.{4f}. {'fl,''tf,i.r Executiye officerftereinafter called the "BIDDERrSeller" ulidr eipression shall mean and include, urress &econtext olhenyis€ requires, his successors and permitted assigns) ofthe Second Part.

WHEREAS theBT YER Foposes ro procure .....qT-f] TR*..S.. ........(NameoftheStoreyEquipment/ltem) a:rd the BIDDER/Seller is willing to ofer/has offered the stores andvvb

FORMAT OF PRE CONTRACT INTEGRITY PACT

General

WHEREAS the BIDDER is a private company/public company/Oovemmentundertaking/parmership/registqed export agency, constituted in accordance with the relevant lawin the matter and the BUYER is a Cenfal Public Sector Unit.

NOW, TTIEREFORE,

To avoid all fonns ofcorruption by following a systeur that is fair, transparent and fre€ tom anyinflueuce/prejudiced dealings prior o, during and subsequent to the cunency ofihe contract to beentorcd ifto with a view to i

Enabting the BUYER to obhin the desired said stores/equipme at a competilive price inconformity with the defined specifications by avoiding the hig! cost and the dislortionary impaclof comrption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to securethe contract by providing assurance to thcm that $eir competitors will also abstain fiom bribingand other corupt practices and thc BUYER will commit to prevent comrplion, in any form, byits olficials by following transparent proc€dures.

The paai6 herero hereby agre€ to enlel into this lnt€grity Pact and agree as fbllows :

Commitments of tbe BUYFIR

I.l The BUYER undertakes that no official ofthe BUYER, corurccted dirBctly or indirectly with the

contract, will d€mand, take a prcmise for or accept, diteclly or through intermediaries, any bribe,

consideration, g:ft, reward, favour or any material or imruateria! benelit or any other advatfagefiom the BIDDER, eilher for themselves or for any leson, orgaDization ot third party related to

the contract in exchange for an advantage in the bidding process, bid evaluation, cootacting olimplemefiation process related to the conlracl.

1.2 The BU\-ER will, during the prc-contract strge, treat all BIDDERS alike and will govide to allBIDDERs the same informstion and will no provide any such information to any particular

Tendsr No. €11-/C2D/OIR TYREi20l9-20651 0 \6i-

Dsttt 21.@.2019

-Mr,*,,gr= rio-o 1err.1 I oricr k.if;i[cr [mu1

wrmn r{-q.l ftr.]r / M, [t. Divisionom SFfar ffiL / C.:l ln& Linril.d

oiffidr / x.lkat - 7oo l5g

JK TyIe & lndustries LtdPAIRIOT HOUSE 3rd Floor,3, Bahs6r. Shtft Zalai Matg,

l{.} Ihlhl-l10002

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Tender No. CIL/C2DIOTR TYRED0lg-20/351 () [xr-- Dzte: 27 .09 .2O19

b,*,{E .1q6 ro.r.;,, n, o#.ffi*W,iiftr c-4qd irlrJ r u. ti. b-iuirionE, 3l5cr ldtt* / Ccat lnr* LinritsJ

6r..ftrdr / Koltat . 7u0 156

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BIDDER which courd afrord an advsntage to that panicular BTDDER in comparison to otherBIDDERs.

l'3 All rhe officials ofthe BUyER will report 10 the appropride Govemment ollice any attemptedor cornpleted br€aches oflhe above commitmenS as well as any substantial suspicion of srrch abreach.

2^..11:Y any such preceding misconduct on the part of such official(s) is reported by theBIDDER to the BTJYER with fur and verifiable facl ana trre same ii priira facie round io be

:_"T.:l_1y^ryP-TEe necessary disciplinary proc€edings" o, any orhir action as deemed dr,:1T:,5-":i111. llTellings qnar.be initiared by fie BUYER and such a person shall be

l:lg1-TT T:th:r dearings retated to rhe.conaad process. In such a case while an enquiry iiDerng conducted by rhe BUYER the pmceedings under the conract would not be sralled. ' '

Commitments of BIDDERS

3' The BIDDER commits itserf to take alr measurcs necessary to prevenr corrupt practices, unfairmeans ard ilregar ac(yitics dudng any stagc of is bid or during uiry p."-"ont u"r or post-co,tractstage in order to secure the contracr or in furtherance to secuiJ iiL'a in prrti"urr. iomrnir iis"iito the following :-

3.1 The BIDDER will not offer, directly or tbrough intermediaries, any bribe, gift,1>11

l,e-fj_11 ,.]19, favour, any materiat or immaterial benJfit or ottrei aavantagei"ornrni-.rion,rees, Drokerage or rnducemenl b any official ofthe BUYER, connected directly oi indirectly withthe.bidding proc€ss, or to any person, organizalion or thira parry retated to the contract inexchange for any advantage in the bidding; evaluation, *r,t .tinj unO implementation of thecontnlct.

3.2 The BIDDER further undertakes that it has not given, offercd or prcmised to give,th"ll * indirecrly any bribe, gifl, consideration, ,"*d,"f*;;;i materiat or immarerial::Tnr o, other advantage, commission, fees. brokerage or inducement to any ofncia.l of theBUYER or-olhervrise in Focuring the-C_ontract or forb-earing to ao oi t uring aon. *y."ti,relation to the oblaining or execution of the contract or any o e,

"ortoat *iO tt

" Covemment

for showing or forbearing to show favour or disfavour to any pe"* i, ,"lution to ft e contracl orany dhe( contract with the Govemment.

3-3 BIDDERS shall disclose the.nsme and address of agents and represenfadves andIndian BIDDERs sha disclose their foretel pii*ip"i, ". ^J.ijiE!.""

'

3.4 BIDDERs sball disclose- the paymen$ to be made by them lo agents/brokers or anyother intermediary, in connection with thi."Uia f "ontra"t.

-----

3'5* The BIDDER further confirms and decrares to the BrryER that the BIDDER is the orisinarmanufacturer/integmtor/authorizcd goremment sponsored export .rtitv olti-iai'ir.;;;:til;nas not engaged any individual or.fin1 o1_c_ompany whether Indian or foreign to inlercede,facilitate or in any way to rccommend ro th" euyER; *, ;iit, iun=.ion*i.r,

""r*,rr";;iiffil,;or unofficially to the a\a,ard of the contract. to..the SfObgn, n_'i;'*y amounr been paid,promised or intended to be naid rd any such individuat, f;;r;;;;;y ii,"+ot oi_ylrJinlercessiol! facilitation or recommencatlon-

if Tyre & lhdustries Ltd.PAT.RIOT HOUSE 3rd Flool,3, Eahadur Shah Zsfsr Marg,

New Dethi-110002

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3.6 ftie BIDDE& either while presenting the bid or during pre-contract negotiations orbefore signing the contract, shall disclose any payments he has made, is committed to or intsndsto make to officials of the BUYER or their farnily members, brckeE or any other intermediariesin connection with the contract and th€ details of services agreed upon for such iayments.

3.'? The BIDDER will not collude with other parties interested in the contmct to impairthe transparency, faimess and progress of the bidding process, bid evaluation. contracting andimplementation of lhe contract.

3.8 The BIDDER will not accept any advantage in exchange for any corupt praclice,unfair meals and illegal activities.

3.9 'Ihe BIDDER shall not use improperly, for pu:poses ofcompetition or personal gain,or pass on to others, any information provided by the BUYER a.s part ofthe business relationship,regading plans, technical proposals and busioess delails, including information mntained in anyelectronic data carier. The BIDDER also undertakes lo exercise due and adequale care lest anysuch information is divulged.

3.I0 The BIDDER commits to refrain from giving any complaint directly or through anyother manner without supportiry it with full and verifiable facts.

3.1I The BIDDER shall not instigate or cause to instigale any third person to commit anyofthe actions menlioned above.

3.12 Ifthe BIDDER or any employee ofthe BIDDER or any pe$on acting on behalf ofthe BIDDER, either directly or indirectly, is a relative of any of the officers of the BU\rER, oraltemaiively, if any relative of an otrlcer of the BUYER has financial interest/stake in theBIDDER"s firm, the same shall be disclosed by the BIDDER at tre time offfiling oftender. Theterm ,,relative" for this purpose would be as defrned in Section 6 ofthe Companies Act 1956.

3.13 The BIDDER shall not lend to or bonow any money from or enter into any monelarydealings or transactions, directly or indir€ctly, with any employ€e ofthe BUYER.

3.14 The Bidder shall not apprcach Coufis for legal remedy while their represettations are underconsideration of IEMs and they shall wait for the decision of IEM in the matter before seekioglegal remedy.

4 Bfe"ious Trarsqrcssi

4.1 The BIDDER declares that no previous fansgression occuned in the last three years

immediately before signing of this lntegrity Pact, with any otler company in any country inrespect ofany corupt practices envisaged hereunder or with any Public Sector Enterprise in Tndia

or any covemment Department in India that could jus1iry BIDDEK'S exclusion from the tender

9rocess.

4.2 The BIDDER agrees thal if il makes incorrect statement on this subject, BIDDER can bediqualified from the tender process or the contrac! if already awarded, can be terminated forsuch reason-

5. Earp€st Mooer (Securi$ Demsia)As mentioned in the Terder Document.

Tender No, CIL/C2D/OTR TYRE2019-20/351 {) lur-'

ffiffii6tFrF / Xoikrta.700 ,56 .iV

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Date: 27.09.2019

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6. Sarctions for Violatiotrs

6 1.Any breachofthe aforesaid provisions_ by the BIDDER or any one emproyed by it or aclingon its beharf (whether with or without the knowledge of lhe Brooiti srral er,titte the BUyERto take all or any one ofthe following actions, wheriver required:

D . . To imrnediarely call off he pre contract negoliations without assigning any reason9i_g-rjry any compensalion to tl,e gtDDER. Howeier, the pro"eeaings-lriti ttre ottrerBIDDER(s) would continue.

L) The Eamest Money Deposit (in pre-contract stage) and./or SecuritvDeposivperformance Bond (after rh! contiacl is iis"tl .r,"ii-.t"ra-iFriJrrJ'i,ri., "iiii: ;".paftialty. as decided by the BLryER and thi riuvei"JJ ffi.;il#;.,#;;L;therefore.

liil .. .To-itTg{4gly cancel the contract, if already signed, without giving anycom pensation to the BIDDER-

i")_ - To recover all surn_s- alrcady paid by rhe BUYE& and in case ofan IndianBIDDER with interesr thereon at 2Zo highir than d. p.;*iliilil;; Lending RaG of SrateBank of India while ia case of a BIDDEI rrom a coun'ty ott er'it *'iJiu *itr, int"rest thereon! T hi$l.a,r rhan rhe LIBOR. If any outsranding pafrent is J* i" U," BIDDER &om rheBUyER in connection w.ith anv othei cont u"t foiuiry ott ". "or"r".r"1,

*trtudirg p.yr;ricould also be utilized to recover the aforerriO ,rrn--iint.i.rrl'- -' "*

y) . . _ To encash the advance bank guarantee and performanc€ bond./waran& bond- ifH;hL?.*. ",oDER,

in order to reco,dd,;;;t;;;,,';;;fi;;ft:-B rii4 iH";yi) - To cancel alr or any other contracts with rhe BIDDER. The BIDDER shal beliable..to. pay comp€nsation ror iny_ro"r_oi oa-age i"

-ia"'E[]tn resurring aom suchcancellarion'/rescission and rhe BU'ER shart ue entiiied io iJuiihe?mounr so payaute fiomthe money(s) due to the BIDDER.

vii) To debar tfie BIDDER tom paniciparing in tuture bidding processes ofthe CoalIndia Ltd. for a minimum neriod offive yean, *tl"n,r-"y t"-r"rtiii-e'xfended at the discretionofthe BUvER

Viii) To recover all sums Daid in violdion ofthis pacf by BIDDER(S) to any middleman oragent or broker with a view to securing the contract.

ix) In cases where irrevocable letters ofcredit have been received in respect ofanycontract signed by rhe BUyER wirh the BfOOSR" th"i;" .hntinoiU" op"r"o.

x) Forfeiture ofperformance Bond in case ofa decision by rre BuyER to forfeit rhesame without assigning any reasol for impnrirg.*"ii"ri"*i"r"ioi "iir,r,

pu",.

6-2 The BUyER will be enlirled lo lake all or any ofthe actions mertioned al para 6.1(i)to (x) of rhis pact also on the Com.toion Uy rf,. Sf-o6'en "ila."i'" #pr"yed by ir or acring

Tetrder No. CII/C2DIOTR TyRf,,/20t9-20851 0 Urf-, Datet 2j.A9,20t9

r.-. r,.'ir,.,o,,.n,uJ,{fu},',lr]J,fr-ril,tfy,f;,Hl.l" ' oiYn ''r'- ' tlt. lil' o"i'rii,"n' 3 Bahadur shah zafa' Marg'

' .::,'t.-1.:",,c:/Ccartr;*l;,,,:*i" NewDelhi-110002

I?..":r. / (o,h.IJ. /iO ,i6 a ?Og 33

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on its behalf (whether with or without the krowledge of the EIDDER), of an offence as definedin Chapter IX ofthe Indian Panal code, I 860 or Prevention of Corruption Acl, 1988 or any orherstatule enacted for prevention ofcoruption.

6.3 The decisior ofthe BIJYER to the effect that a brcach ofrhe provisions ofthis Pacthas been co:nmitted by the tslDDER shall be final and conclusive on the BIDDER. Ilou,ever,the BIDDER can approach the Independent Monilo(s) appointed fsr ths purposes ofthis Pact.

7 tr'rll Clausc

7.1 The BIDDER urdsrtakes that it has not supplied /is no1 supplying similar producrsysterns orsubsystems at a price lower thar thar offered in tlrc prcsent bid in respect of any otherMinistry/Department oflhe Govemment oflndia or PSU and ilit is found at any stage that similarproduct/systems or sub systems was supplied by the BIDDER to any other Ministry/Depadmertofthe Govemment of kdia or a PSU at a lower pricc, then lh, very price, with du€ allo\yancefor elapsed time, will be ap?licat,le to the present case alld the difference in the cost rvould berefunded by the BIDDER to the BlryE& ifthe contrcct has already been concluded.

S Ind€repdeat Monitors

8.1 The BLIYER has appointed Independent Moniton (hereinaller rellrred to asMonito$) lor this Pact in consultation with the Central Vigilance Commission Q.lames andAddresses oflhe Monitors as given in the Tender docurnent).

8.2 The task of the Moniton shall be to review independerlly and objectively, whetherand to what exlent thc parties comply with the obligations under this Pacl.

8.3 ?he Monitors shall not be subject to inst rcfions by rhe rcpresent2tivcs ofthe partiesand perforn their functions neul*lly and independeidy.

8.4 Both the parties accept thal the Monitors have the right to access all the documeDlsrelating to the projecrpmcwernent, including minutes ofmeetings.

8.5 As soon as the Msnitor notices, or has reason to believe, a violation of &is Pact, hewill so inform the Authority desi$ated by the BUYER.

8.6 The BIDDER(s) acce?ts that the Monitor has the right to access wi:hout restrictionto all kojeot documentation of the BUYER including that provided by the BIDDER. TheBIDDER will also gmnt th6 Monitor, upon his request ard deDonstration ol a valid i;rterest,u estricled and unconditional access to his project documedation. The same is agplicable toSubcontractors. The Monitor shall be under contractual obligatio! to treat the information anddocuments of th€ BIDDER-iSubcontracto(s) wilh confi demially.

8.'l The BIJYER will provide to the Monitor sufficient information about all meetingsamong the parties relaied to the Project provided such meelings could have an impact on thecontxactual relations between the parties. The parties will olfer to the Monitor the oplion toparticipate in such meetings.

hr"-+r1f,trut@ r{tr6 (rrr.eJ / chief Manao{. f/' )

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+aatrdl / Kolkata- 700 156

E.E The Monitor wil: submit a wriaten report to the designated Authority of BUYERwithin 8 to 10 week from the daae of referelce or irtimation to him by the BLIYEPJBIDDERand, should rhe occasion arise, subnit proposals for correcting pryHematic situations,

Tender No. C[-,/C2D/Oan TYREr20r9-2085r {} \il(.' Dare: 27.09.2019

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9 Frcilita tion oflnvBtioetion

I c-as3 gl1ny alleedion of violation of any provisions ofthis paci or payment of commission,th€ BUYER or its agencies shall be entitled to examine all the documenis including the Bookiof Accounts of the BIDDER and the BIDDER shall provide necessary infor;ation arddocuments in English and shall extend all possible help for the purpose ofsuch examination.

[.ew aod Place ofJllrisdiction

ThiJPact is subject to Indian Law. The place of performance andjurisdiction is the seat oftheBTryER.

Other Lesal Actions.

The actions stipulated in this lntegnry pact are wilhout prejudice to any other legal action rhatmay follow in aocordance with the provisions ofthe ex-anilaw in force relating r-o any civil orcriminal proceedings.

ValiditY

l2.l rhe validity ofrhis Integ ty Pact shall be from dare ofsigringthe Ip and extend till the completeexecution ofthe contract to the satisfaction ofboth the BUyER and the BIDDER/Seller. Issueslike waranty/Guamntee etc shall be outside the purview of the lEMs. .ln case, BIDDER isunsuccessful, this Integrity Pact shall expire after six months from the date ofthe signing oftiecontrac.

12.2 should one or several provisions of this pact tum out to be invalid, the remainder of this pactshall remain valid. In this case, the parties will strive to come to an agreement to their originalintenlions.

rhepartiesherebysigndisrnresritypacrat..Nfg...'a"H,..-..ll.llr:.lZrt .

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" '' Nu ioirl"*ii[*y3.BahadurshahzafarMaro.

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