Terms and Condition

The rate of payment is firm for entire contract period and for extra hours (specified as flexi hours) will be 85.00
per hour of first rental value. The rate includes maintenance and servicing of the plant and machineries
including the cost of spare parts and periodical replacement of lube etc. The price increase on account of labour
wages or any other shall not be reimbursed to Nityanand Infrastructure Limited by PEL

No mobilization advance shall be paid to Nityanand Infrastructure Limited by Patel Engineering Limited

5 percent of gross value of the monthly bill will be deducted towards retention money from the amount payable
to the contractor The retention money deducted from RA bills shall be released to the contractor after successful
completion of work and final measurement certified by Patel Engineering Ltd

Monthly Payment will be done within 15 days after submission of monthly bill with duly certification of the log
book from our project manager No any other claim shall be entertained

Nityanand Infrastructure Limited shall maintain its all plant & machineries with standby adequate spares and
maintenance and consumable material Any loss of time in construction activities due to not working or running
of plant and machineries for breakdown or inadequacy is the sole responsibility of Nityanand Infrastructure
Limited

In case of any major breakdown of the plant and machineries requiring repairing time for more than four hours,
an alternative interim arrangement will be made by the Nityanand Infrastructure Limited immediately by
providing a substitute generator of identical capacity at no extra cost. For not-functioning of the D G set or in the
event of failure on the part of the generator provider to provide an alternative interim generator of identical
capacity, within four hours or during power failure/load shedding, penalty at double the pro-rata rate will be
imposed and deducted from monthly R A bill.

All consumable for maintenance of plant & transit miller shall be the responsibility of Nityanand Infrastructure
Limited If any material or consumable shall be issued by PEL it will be chargeable debitable basis as per actual
rate plus storage and handling charges 10 percent

Nityanand Infrastructure Limited will deploy required or sufficient staff (technician operator and helper) for day
and night operation and also responsible for its complete accommodation and food at site

Company will provide free of cost land hutments water supply as per Companys standard practice. Company
will provide electric power. Nityanand Infrastructure Limited will not misuse electric power. If misuse is noticed
by PEL cost of such misuse will be recovered from Nityanand Infrastructure Limited

10

PEL will provide lifting equipment for erection or installation of plant or machineries at required location and cost
of the same shall be borne by PEL However labours required for same work shall be provided by the Nityanand
Infrastructure Limited

11

The Nityanand Infrastructure Limited shall carry out the above works under overall guidance and supervision of
Patel Engineering Limited The contractor shall not do any correspondence with the owner or their authorized
representative on any matter whatsoever pertaining to the above work

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12

In case the production is not found satisfactory due to workmanship is not to the acceptable standard or any
other reason for which PEL is not satisfied can be terminated by giving a notice of thirty 30 days The decision
regarding termination of the contract by Patel Engineering Ltd will be final and binding upon This work order
constitutes the entire agreement between the parties and set forth the terms and conditions between the parties
Any amendment or variation his work can only be made by Patel Engineering Limited in writing after consulting
the Nityanand Infrastructure Limited

13

The Nityanand Infrastructure Limited shall nominate a representative who will be in Overall In Charge of the
works undertaken by Nityanand Infrastructure Limited Such representative shall co ordinate and takes the
instruction from Site In Charge of Patel Engineering Limited

14

Road permit for Uttar Pradesh shall be provided by PEL for transport of plant & machineries to site

15

Nityanand Infrastructure Limited shall be paid minimum wages to the labour as per labour act of Utter Pradesh
Government

16

Nityanand Infrastructure Limited shall indemnify Patel Engineering Limited against any litigation by any supplier
installer PRW etc in performance of the work awarded to the Nityanand Infrastructure Limited by PEL under
this agreement Nityanand Infrastructure Limited shall indemnify PEL against other liabilities arising out of
statutory loss or legislation during the operation of this agreement for the portion of work awarded to the
Nityanand Infrastructure Limited by PEL under this agreement

17

Any dispute if arises between Nityanand Infrastructure Limited and PEL shall be amicably settled between
Nityanand Infrastructure Limited and PM if in some cases the dispute could not be settled between Nityanand
Infrastructure Limited and PM the matter will be referred to the Controller The decision of controller will be final
and binding No arbitration is allowed in this agreement PEL will also not resort to any arbitration

Taxes duties and levies etc

1

TDS shall be deducted from advance payment or payment against the RA Bills in accordance with the Indian
Income Tax Act as applicable from time to time

The quoted price shall be inclusive of Income tax Excise Duty turnover tax Octroi labour welfare cess or any
other taxes and duties prevailing in respect of this contract shall be payable by the Nityanand Infrastructure
Limited

All taxes such as excise duty education cess or any other tax or duty or levy octroi dharat royalty terminal tax
etc on all equipment materials and services and increase if any on all these during the currency of the contract
shall be payable by Nityanand Infrastructure Limited and the Patel Engineering Ltd shall not entertain any claim
for the compensation whatsoever in this regard Nityanand Infrastructure Limited shall be solely responsible for
any non compliance nonpayment delayed payment of any taxes duties levies Interest Penalty etc

However if any new taxes duties levies change in existing tax rate etc other than enhancement of those
prevailing on the date of contract are introduced by any National state local or other duly constituted Authority

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which cause additional cost shall be reimbursed by PEL to the Nityanand Infrastructure Limited production of
documentary proof as applicable
5

The Nityanand Infrastructure Limited shall comply with all Acts Bye laws and other statutory requirements of
respective authorities having jurisdiction over the site and shall be responsible for the payments of all fees and
other charges and giving and receiving of all necessary notices and keep the Engineer in charge informed of
the said compliance with such Acts Rules By laws Regulations Statutory requirements payments made notices
issued and received

The Nityanand Infrastructure Limited shall supply machines and accessories at site and provide required or
sufficient operator and helper with machine for day and night operation

The Nityanand Infrastructure Limited shall charge rates indicating all applicable taxes separately in his all
invoices

In addition to above Nityanand Infrastructure Limited must submit following details

a) Registration of Firm Copy of registration to be attached
b) Nityanand Infrastructure Limited should have its own Bank Account Certified copy of the account issued by the
Bank shall be enclosed
c) Nityanand Infrastructure Limited should have a PAN number Copy of PAN Card shall be enclosed with the
contract document
d) Nityanand Infrastructure Limited should be registered with Service Tax department Certified copy of the
registration shall be attached with the contract
e) Nityanand Infrastructure Limited should have valid EPF Registration and ESIC Registration shall be attached
with the contract Also submit the EPF challan on every month

Service Tax
In view of the Service Tax mega exemption Notification No 25 2012 dated 20th June 2012 and Vide Introduced Finance
Act 2012 Concept of Negative list of Services the above Work Order is liable for service tax
Accordingly
a

As Service provider you are requested to charge service tax as per prevailing rate and the same shall be paid to
you on production of the duly paid tax challans

Patel Engineering Ltd shall not entertain any claim for the compensation whatsoever in this regard The
Subcontractor shall be solely responsible for any non compliance nonpayment delayed payment any Penalty
Interest charged by the Service Tax Authority or any other Government department

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