Utility Powertech Limited

(A Joint Venture of Reliance Energy and NTPC)

Enquiry No.: ………………………

GENERAL TERMS AND CONDITION OF TENDER

1.0 GENERAL
The quotation should be complete in all respects and should cover (i) Our Enquiry Reference (ii) Full
Description of Item (iii) Specification of Item (iv) Technical Literature/Catalogue, if any (v) Earliest firm
delivery (vi) prices along with Current Taxes and Duties (vii) discount, if any (viii) Warrantee (ix)
Erection/Commissioning Charges, if any (x) AMC Charges and Terms & Conditions if any.

2.0 PRICES
2.1 The prices quoted should be firm and valid till the complete execution of order. The quoted prices will be
deemed to be inclusive of all taxes, duties and other incidentals unless clearly mentioned otherwise.
2.2 The prices should be stated separately for each item and should be in figures as well as in words. In case
of any discrepancy between the two, the amount written in words will be taken as correct. In case of
discrepancy between unit rates and total price, the unit rates shall be taken as correct.
2.3 All charges such as packing, forwarding, insurance and freight should be included in the quoted price and
prices should be for free and safe delivery at UPL site.

3.0 VALIDITY
The quotation should be valid for a minimum period of 90 days from the date of opening of tender.

4.0 SPECIFICATION
Complete specification of the item should be given. Necessary technical literature and catalogue should be
forwarded along with the quotation. Sample wherever required should also be forwarded.
ANY DEVIATION FROM THE SPECIFICATIONS SHOULD BE CLEARLY STATED IN THE
QUOTATION.

5.0 RIGHT OF ACCEPTANCE

UPL reserves the right of rejecting any or all tenders wholly or partially without assigning any reasons
whatsoever.

6.0 PAYMENT TERMS

90% payment of the bill shall be released within 30 days after receipt and acceptance of material at site and
the balance 10% payment of the bill shall be released within 90 days from the date of receipt and acceptance
of material at site.

7.0 INSPECTION
For all cases where pre-despatch inspection is stipulated, materials shall be inspected prior to dispatch by an
authorised representative of UPL for which an advance notice of 15 days shall be given by the supplier. In
such cases no material shall be despatched without inspection unless specific waiver/exemption is
communicated in writing to the supplier. In all cases necessary test certificates, guarantee certificate in
respect of material/equipment performance shall be furnished along with despatch documents. However, the
final inspection of material shall be done at our site only and acceptance of materials is subject to such final
inspection only.

8.0 LIQUIDATED DAMAGES

The timely delivery of the material is the essence of the contract. In the event of supplier failure to deliver the
material of acceptable quality within the stipulated delivery period, liquidated damages are payable by the
vendor @ ½% per week of delay or part thereof, of the unexecuted order value subject to the maximum of 5%
of total tender value.
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9.0 RISK PURCHASE
In the event of suppliers failure to supply the material of acceptable quality in scheduled delivery period, UPL
reserves the right to procure the materials from any other source at the suppliers risk and cost and the
difference in cost shall be borne by the supplier. Further, UPL shall retain the right of forfeiture of CPG and
or any other action as deemed fit.

10.0 PAYMENT AT REDUCED RATES

If the goods supplied are not according to specifications stipulated in the order, the UPL may retain the goods
at its discretion after negotiations with the supplier and pay at reduced rates to be fixed by UPL.

11.0 WARRANTY
The tenderer shall ensure that all materials/equipment rendered shall confirm to the purchaser’s requirement
and specifications. The tenderer shall guarantee the materials/equipment offered for a period of 12 months
from the date of installation or 18 months from the date of delivery whichever is applicable.

12.0 CONTRACT PERFORMANCE GUARANTEE

The successful bidder shall be required to furnish the Contract Performance Guarantee for an amount
equivalent to 10% of the contract value.

13.0 PACKING
The materials shall be packed strictly as per the specifications of Indian standard or other relevant standard
and all packages shall be marked properly with Purchase Order No. and date. Each packet must contain
packing slip and literature, if any.

14.0 FORCE MAJEURE

The seller shall not be considered in default, if delay in delivery occurs due to causes beyond his control such
as act of GOD, natural calamities, civil war, strike, fire, frost, flood, noels and acts of Super Power. Only
these causes which have duration of more than 7 days shall be considered causes of force Majeure. A notice
to this effect duly certified by a local Chamber of Commerce/Statutory Authorities shall be given by the
Seller to the Purchaser. In the event of delay due to such causes the delivery schedule shall be extended for a
length of time, equal to the period of force Majeure at the option of the Purchaser or Order may be cancelled.
Such cancellation would be without any liability. Whatsoever on the part of the Purchaser.

15.0 ACCEPTANCE OF TERMS AND CONDITIONS

The bidder must confirm their acceptance of the terms and conditions mentioned herein and the enclosed
documents. In case any clause is not acceptable to the Bidder, it should be specifically brought out in the
quotation failing which it shall be presumed that all clauses mentioned herein above are acceptable to the
bidder.

16.0 JURISDICTION
All matters of dispute arriving out of the order shall be referred to the courts of Noida only.

17.0 TAXES & DUTIES

Bidders shall quote Taxes & Duties as applicable on the date of Bid Opening. Any variation in Taxes &
Duties after Bid Opening and up to Scheduled Delivery period shall be to the Purchaser’s Account. However,
any decrease shall be passed on to UPL.