Professional Documents
Culture Documents
Date: 13.01.2015
By Airmail
To
M/s VLI Diesel Pty Limited,
8 Balook Drive,
Beresfield, NSW 2322
Australia
Fax: +61240286796
Email: LFurlong@vli.com.au / amar.bhasin@hgr.net.au
Dear Sir,
SUB: Supply of 03 nos of DGMS approved Free Steered Vehicles / Man Riding Systems model DRIFTRUNNER G
SERIES.
REF: i)
Our Global Tender No. ECL/PUR/21311128/E/Free Steered Vehicle/172, opened on 22.05.2014
(off-line) & 23.05.2014 (on-line).
Your Off-Line offer dated 20.05.2014 & authorization letter dated 07.05.2014
ii)
iii)
On-Line offer and subsequent correspondence - the last being vide email dated 19.12.2014.
With reference to above, we are pleased to place our order on your for supply of DGMS approved Free Steered
Vehicle model DRIFTRUNNER G SERIES as per specifications, price, terms and conditions mentioned herein under
and also as per our General Terms and Conditions of supply:
01.
Sl.
No
1
Scope of Supply:
Description
DGMS approved Free Steered Vehicle / Man Riding
System model DRIFTRUNNER G SERIES
(Detailed Technical Specifications are enclosed as
Annexure A, List of Tools as Annexure A2 & list of
Initial Spares as Annexure A3)
Qty
(No)
3
Extended value
FOB (USD)
1,229,625.00
(Total US Dollar One Million Two Hundred Twenty Nine Thousand Six Hundred and Twenty Five only)
Note: A separate Comprehensive Maintenance Contract (CMC) for 8 years after warranty period of one year for
the above ordered Equipments will be concluded with you.
02.
Price: The Price of equipment is on FOB Australia port basis and will remain FIRM until delivery. Marine
Freight, Transit Insurance, Landing Charges, Custom Duties & Inland Transportation up to destination and
Transit Insurance Charges shall be borne by the Port Consignee.
03.
Lowest Price Certificate: You shall certify that 100% of the FOB Australia Port prices charged by you
constitute the lowest prices at which you are supplying identical stores to your overseas customers worldwide including Coal India Limited and its subsidiaries and other Coal and Govt. Companies in India
including DGS&D. This certificate will form part of Letter of Credit.
04.
a)
b)
Dated: 13.01.2015
05.
Agency Commission Certificate: You will furnish a certificate that No commission, rebate, discount,
margin, mark-up of any kind or Engineering & Technical Services charges etc from the FOB value or over
and above the FOB value of this contract is payable to any party/firm/agency/person in India or abroad
against this Order.
06.
Transit Insurance & Freight charges: Sea freight and Inland freight (in India) shall be borne by ECL.
Insurance from the port of despatch till the ultimate consignee will be arranged by the Port Consignee on
our account. Advance notice of atleast 06 (six) weeks about the readiness of each consignment along with
its value should be intimated to Port consignee for taking advance for coverage of marine Insurance for
the consignment. Thereafter the following details should be cabled/faxed to the Port Consignee (cable:
Coking Coal, Kolkata; Fax no. +91 33 22312983; Ph no: +91 33 22624213; Email: rksinha@coalindia.in).
a)
Port of Shipment, Shipment particulars in details.
b)
Our P.O. No./Date and LC No./Date.
c)
No. and Date of Bill of Lading
d)
No. of packages and description etc.
e)
Weight of packages.
f)
FOB value of the consignment, indicating the covering Purchase Order No and date.
g)
Ultimate consignees name.
Post copies of the cable /fax advice should also be air-mailed to the Port Consignee, Ultimate Consignee,
Paying Authority and GM (MM) Pur, ECL-HQ.
07.
Terms of payment:
100% of the FOB Port of delivery value payment shall be made through irrevocable & unconfirmed Letter
of Credit out of which:
i.
80% value of the FOB Port of delivery value of equipment shall be made against submission of the
following documents:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
Signed Invoice claiming 80% payment - original and 3 (three) copies indicating quantity ordered,
quantity dispatched and item-wise value.
Full set of clean on board Bill of Lading- original and 4 (four) copies.
Packing list 4 (four) copies indicating item-wise list of contents of each package size in cm,
package weight in Kgs.
Shipping Specification- 3 (three) copies.
Certificate of Country of Origin to be issued by Local Chamber of Commerce & Industry Original
copy and 3 (three) copies.
Lowest Price Certificate in 03 (Three) copies as follows: We certify that 100% of the FOB
Australia Port prices charged by us constitute the lowest prices at which we are supplying identical
stores to our overseas customers world-wide including Coal India Limited and its subsidiaries and
other Coal and Govt. Companies in India including DGS&D.
No Agency commission certificate in 03 (Three) copies as follows: No commission, rebate,
discount, margin, mark-up of any kind or Engineering & Technical Services charges etc from the FOB
value or over and above the FOB value of this contract is payable to any party/firm/agency/person in
India or abroad against this Order.
Certificate from forwarding agents that the shipping arrangements been made in accordance with
the instructions from the Ministry of Shipping, Road Transport and Highways, Department of
Shipping (Chartering Wing), Govt. of India, New Delhi.
Manufacturers Test cum Inspection Certificate - 2 copies.
A certificate from ECL Hqrs. that Security Deposit as per Clause 18 and Performance Bank
Guarantees as per Clause 19 of the Purchase Order has been submitted and accepted OR a
certificate from ECL Hqrs. that Security Deposit Cum Performance Bank Guarantees (in case you are
submitting composite Guarantee i.e. Security deposit cum Performance Bank Guarantee in lieu of
Security and performance separately) as per Clause 20 of the Purchase Order has been submitted
and accepted.
A certificate from ECL Hqrs. that Additional Security Deposit towards successful Field Trial as per
clause 21 of the Purchase Order has been submitted and accepted.
Manufactures Guarantee/warranty Certificate in 03 (Three) copies as follows: Machine is
guaranteed for a period of 12(twelve) months from the date of commissioning or 18(eighteen)
months from the date of receipt and acceptance of the machine at Ultimate Consignees end,
whichever is earlier against the defects arising out of materials/design/ workmanship/operation and
performance etc.
Page 2 of 7
m)
ii)
a)
b)
c)
Dated: 13.01.2015
We guarantee that the goods supplied under the contract are new, unused, of most recent or
current models and they incorporate all recent improvements in design and materials. We further
guarantee that all goods supplied shall have no defect arising from design, materials or
workmanship or from any act or omission of the supplier, which may develop under normal use of
the supplied goods in the conditions prevailing in ECL.
In the event of any breakdown or failure of performance due to defects in material, design,
workmanship, spare parts etc., the repairs, replacement or rectification work shall be carried out by
us immediately at site at no cost to the purchaser.
Any other document(s) required as per terms of the Order.
Balance 20% value of the FOB Port of delivery value shall be made by bank against submission of
the following documents:
Invoice claiming balance 20% payment.
Original certificate from the GM, Jhanjra Area, ECL to the effect that the equipment has been
erected and commissioned successfully.
Notarized copy of successful Field Trial Report of DGMS.
Port consignee: General Manager (C&F), Clearing and Forwarding Cell, Coal India Limited 6, Lyons
Range, Kolkata -700001, West Bengal, India.
09.
Ultimate consignee: Area Store Office, Jhanjra Area, ECL, PO: Laudoha, Dist: Burdwan, West Bengal,
India.
10.
Paying Authority: General Manager (F) I/C, Eastern Coalfields Limited, Sanctoria, P.O.: Dishergarh 713333, Distt: Burdwan, West Bengal, India.
11.
Page 3 of 7
c)
d)
e)
f)
12.
Dated: 13.01.2015
To extend the delivery period with or without penalty, as may be considered fit and proper. The
penalty imposed shall not be more than the agreed liquidated damages referred to as clause (a)
above OR
cancel the supply order or a portion thereof if ECL decides purchase of stores at the risk and cost
of the defaulting supplier and also
to forfeit the security deposit received in full or in part OR
Wherever under this contract any sum of money is recoverable from any payable by the supplier,
ECL 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 full amount recoverable, the successful
tenderer shall have to pay to ECL on its demand the remaining balance. The successful tenderer
shall however not be entitled to any gain on any such purchase.
13.
Delivery: FOB Australia Port. To be completed within 6 (Six) months from the date of Opening of LC.
14.
Import License: The import is covered under free imports clause of the current Export Import Policy of
Govt. of India.
15.
Inspection: Final inspection shall be arranged at site by the authorized representative of the Area General
Manager, Jhanjra Area after receipt of materials. The stores found defective or not in accordance with the
supply order specifications will be rejected and intimated for free replacement within 30 days from the
date of intimation.
16.
Guarantee / Warrantee: Machine shall be guaranteed for a period of 12(twelve) months from the date
of commissioning or 18(eighteen) months from the date of receipt and acceptance of the machine at
Ultimate Consignees end, whichever is earlier against the defects arising out of materials/design/
workmanship/ operation and performance etc.
You shall guarantee that the goods supplied under the contract are new, unused, of most recent or current
models and they incorporate all recent improvements in design and materials. You shall further guarantee
that all goods supplied shall have no defect arising from design, materials or workmanship or from any act
or omission of the supplier, which may develop under normal use of the supplied goods in the conditions
prevailing in ECL.
Page 4 of 7
Dated: 13.01.2015
You must ensure that there is no major breakdown due to manufacturing/ design defects during the
warranty period. In case such breakdown occurs and continues above 21 days, the purchaser will reserve
the right to extend the warranty period suitably to that extent.
In the event of any breakdown or failure of performance due to defects in material, design, workmanship,
spare parts etc. user shall promptly notify the supplier in writing of any claims arising under this warranty.
The repairs, replacement or rectification work shall be carried out by the supplier immediately at site at no
cost to the purchaser.
"At No cost to the purchaser" means That the supplier will have to bear all the expenses upto the
destination site i.e. FOB prices, insurance, freight, customs duty, port handling and clearance charges and
inland transportation charges, etc. as applicable to ensure free delivery of warranty replacement at Jhanjra
Area.
You shall stock spare parts to take care of warranty period breakdown. Spares should be available within
21 days from the date of intimation of breakdown.
17.
(a)
(b)
(c)
(d)
18.
Security Deposit: An amount of Rs. 1,10,82,074.00 (Rupees One Crore Ten Lacs Eighty Two Thousand
and Seventy Four only) rounded-off for 03 nos Equipment is required to be submitted by you as Security
Deposit in the form of Bank Guarantee in our Standard Format (enclosed as Annexure B1) on any
Scheduled/Nationalized Bank in India. The Total Security Deposit shall be refunded to you within 30 days
of satisfactory execution of the contract i.e. to the extent of successful commissioning. For unsatisfactory
performance and / or contractual failure, the Security Deposit shall be forfeited. The Security Deposit shall
have to be submitted within two weeks time of receipt of order. The BG should be furnished on a Non
Judicial Stamp Paper of Rs.100.00 or more and the Stamp Paper must be in the name of the Bank and the
same should be valid for at least 6 months but sufficient to cover the satisfactory execution of Contract.
19.
Performance Guarantee: You shall have to furnish Performance Bank Guarantees on any Nationalized /
Scheduled Bank in India valid for 18 (Eighteen) months from the date of commissioning for 10% landed
value of the equipment as a coverage towards the Suppliers performance against the Contract, in our
standard format (enclosed as Annexure B2). The PBG shall be released on successful performance of the
equipment during warranty period and on fulfillment of all contractual obligations. The total value of the
PBG would be Rs. 1,10,82,074.00 (Rupees One Crore Ten Lacs Eighty Two Thousand and Seventy Four
only) rounded-off for 03 nos Equipment. No payment shall be made without submission & acceptance of
PBG. The BG should be furnished on a Non Judicial Stamp Paper of Rs.100.00 or more and the Stamp
Paper must be in the name of the Bank. The PBG should be submitted three weeks before supply.
20.
Since you have to submit Security as well as Performance Bank Guarantee, you have option to submit a
Security cum Performance Bank Guarantee (in lieu of Security & Performance Bank Guarantee separately).
In that case, amount of Security cum PBG shall be Rs. 1,10,82,074.00 (Rupees One Crore Ten Lacs Eighty
Two Thousand and Seventy Four only) rounded-off for 03 nos Equipment (as per format enclosed at
Annexure B3). The same should be submitted within two weeks time of receipt of order. No payment shall
Page 5 of 7
Dated: 13.01.2015
be made without submission & acceptance of Security Cum PBG (in case you are submitting Security Cum
PBG in lieu of Security & Performance Bank Guarantee separately).
21.
Additional Security Deposit towards successful Field Trial: Apart from the PBG to be submitted by
you in terms of PBG Clause (clause 19 of the order), you will have to submit a Security Bank Guarantee in
Indian currency for 80% value of the FOB Port of delivery value of equipment which should be accepted by
the paying authority in order to make payment for the above said 80% value of the FOB Port of delivery
value of equipment. The above said Security Bank Guarantee shall be valid for at least 18 months from the
date of submission which may be extended for further period if successful Field Trial Report of DGMS is not
received. This Security Bank Guarantee shall be returned within 3 months of submission of Successful Field
Trial Report of DGMS. This Security Bank Guarantee shall be in addition to the Security Deposit to be made
in terms of Security Clause (clause 18 of the order). If the field trial fails, above said security bank
guarantee (valid for 1 year & extended if required) shall be invoked / encashed immediately.
22.
23.
24.
25.
26.
Training: You shall provide training to engineers and technicians in your works or locally to acquaint them
with the operation and maintenance of the Equipment. In addition to that, underground workers should be
trained for acquaintance with the vehicles and to use it safely.
27.
Each Equipment must be accompanied with the following, failing which the consignment will not be
accepted:
Complete Tool Kit (2 Sets) (as per list given in Annexure A2)
Operation and Maintenance Manual (2 Sets)
(i)
(ii)
28.
Special Condition: For close monitoring of the performance of the equipment under warranty, the
Project Authorities must furnish the following information as per enclosed Performa (Annexure C) on
monthly basis to ECL Hqrs. On completion of the Performance Guarantee Period, a consolidated statement
in the said proforma must be sent to GM (E&M) HOD, ECL Hqrs. for judgment regarding performance of
the equipment. The Project authorities must not give performance certificate directly to the equipment
supplier.
29.
30.
After Sales Service: You will depute your Service Engineers for periodical inspection/checking and
performance monitoring of the equipment during its warranty period and to advise the projects on action
to be taken for obtaining maximum availability of the equipment.
You shall provide follow-up visits at site of Persons competent to take decision on the spot to settle any
dispute/problems associated with the machine and to render his expert advise to the Project personnel in
operation and maintenance.
Page 6 of 7
Dated: 13.01.2015
31.
Integrity Pact: This contract is covered under Integrity Pact, duly signed, stamped and submitted along
with your offer. The same has been signed by us and enclosed as Annexure D.
32.
Jurisdiction: The courts of the place from where the acceptance of tender has been issued, shall alone
have jurisdiction to decide any dispute arising out of or in respect of the contract. All disputes are subject
to Asansol Jurisdiction for the subject Purchase Order.
33.
Any terms and conditions of supply, not specified in the Purchase Order will be governed by our
NIT/Tender documents and also by the General Terms and Conditions of Supply of Stores of ECL: already
attached with the NIT/tender documents.
34.
Order acknowledgment: Please let us have your formal acknowledgment and acceptance of this order
by way of signing (with your seal) and returning the extra copy attached herewith. Your formal acceptance
of this order along with Bank Account details are essential for opening of LC.
Encl:
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
A:
A1:
A2:
A3:
B1:
B2:
B3:
C:
D:
Cc:
Cc:
Cc:
Cc:
Cc:
Cc:
Cc:
Cc:
Cc:
Cc:
D(T)-P&P/D(F)/D(T)-Op, ECL
GM(MM): CIL/CCL/MCL/NCL/WCL/SECL/BCCL
CVO/GM(MM)Pur/GM (MM)S/GM(E&M) HOD/GM(F)I/c/SM(Fin)/Bills / IC Progress Cell,ECL HQ - This is
issued against indent no. CGM: JNR: E&M: 09-10:100 dated 01.08.2009 & JNR/cap/12-13/007 dated
31.12.2012. Our IC no is 21311128 dated 22.11.2013. BC has been accorded vide nos. CB/EM/P&M/1415/127 dated 10.01.2015 for Rs. 7,40,00,000.00 & CB/CM-2/P&M/14-15/127 dated 10.01.2015 for Rs.
3,68,20,740.73. FC no is D(F)/Free Steered Vehicle/Man Riding System/14-15 dated 13.01.2015 for Rs.
11,08,20,740.73.
GM (C&F), Coal India Limited, Clearing & Forwarding cell, 6, Lyons Range, Kolkata 700001.
GM/AFM/AE(E&M), Jhanjra Area, ECL
Area Stores Officer, Jhanjra Area, ECL
Ministry of Shipping, Road Transport & Highways, Department of Shipping (Chartering Wing), Govt. of
India, Pariwahan Bhawan, 1 Sansad Marg, New Delhi 110001 (Regd. Post with AD) - with 2 copies of the
order.
The Director (Enforcement), Enforcement Directorate, Govt. of India, 6th Floor, Lok Nayak Building, Khan
Market, New Delhi Regd. Post with AD.
GM (UMD), CMPDIL, Ranchi.
GM (EED), CIL, 10, N. S. Road, Kolkata-700001.
Company Secretary, ECL-Hq This issues with the approval of the Board of Directors in the 275th Meeting
held on 25.12.2014 which has been communicated by his Letter No. ECL: CS(275-C)/01 dated 06.01.2015.
M/s Hindustan Global Resources, Amar Hill, Saki Vihar Road, Powai, Mumbai - 400072
Independent External Monitors:
i. Shri J. N. Mishra, IAS (Retd), 2/77, Vijay Kand, Gomti Nagar, Lucknow 226010
ii. Shri Rakesh Jaruhar, Sector-B/9, Flat No: 6457, Vasant Kunj, New Delhi 110070
Page 7 of 7