Ref. no.-012/PC/PRW/Bablatala Housing/001/Vol-01/05/A M/s S.I.Enterprise & Co. Nawabpur (School Para), Rajarhat Newtown, Kolkata-700135.

PAN-ABIPI0047C

Dated:-26/08/2010

Sub:-Supply of Excavator Cum Back Hoe-3DX JCB on Hire Charge basis. Ref:-Your Quotation No.- NIL Dated 10/08/2010. Dear Sir, With reference to your quotation referred above and subsequent discussion had with you, we are pleased to place our work order for hiring of 1(One) No. Excavator Cum Back Hoe-3DX JCB. on the following terms and conditions. We, however confirm having advised you to supply the Excavator Cum Back Hoe-3DX JCB. on hire basis at our above site as per mutually agreed rates. This is a confirmatory order only.
1)

Equipment Excavator Cum Back Hoe-3DX JCB. 1 (One) No. 2) Rate a) The hire charges shall be Rs. 95000.00 (Rupees Eighteen Thousand only) per month (including operators charges). b) The hire charges are based on 12 hrs shift per day with the normal working hours and 25/26 working days beyond 300/312 hours in a calendar month. c) If the Excavator Cum Back Hoe-3DX JCB runs more than 300/312 hours in a calendar month, charge will be paid extra as per pro-rata basis. d) The hire charges are inclusive of all taxes and levies etc as applicable. e) TDS shall be deducted as applicable from your bills. Placement The Excavator Cum Back Hoe-3DX JCB. should be placed by you as required in our above site. The period of hire will be from the day of the Excavator Cum Back Hoe-3DX JCB. is delivered and given to us in working condition at our site to the date of release from our site. Contd: Pg-2 (1)

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Ref. no.-012/PC/PRW/Bablatala Housing/001/Vol-01/05/A 5)

Dated:-26/08/2010

Mobilization and Demobilization You shall make necessary arrangements for mobilization and demobilization of the Excavator Cum Back Hoe-3DX JCB. from our site to your yard/workshop at your own cost . 6) The hire charges mentioned in this work order are firm and not subject to escalation whatsoever during the validity of the order. 7) POL a) Only Diesel, & Mobil Oil required for operation will be provided by us free of cost at actuals subject to maximum limit as mentioned in 7(b). b) The norms of consumption of Diesel & Mobil Oil shall be as follows i) For Diesel 6.0 ltr./Hr.(maximum). ii) For Mobil 0.1ltr./Hr.(maximum) .

8)

Duration The work order shall be for a period from 01.09.10 to 30.04.11 subject to renewal thereafter mutually agreed upon. We shall be at liberty to release the Excavator Cum Back Hoe-3DX JCB.. earlier by giving 7 days notice. 9) Payment Bills are to be provided monthly along with certified original Log-Book to our project Site Office. 10) You shall provide the necessary workmen for running and maintenance of the above equipment. 11) In case we have to arrange any workman for the above Excavator Cum Back Hoe-3DX JCB being hired by us, the cost of their wages and other expenses shall be debited to your account and recovered from your monthly hire bills. 12) During the hire period, in case any spare parts is issued by us or maintenance carried out by our people due to any reason, the cost of the same shall be deducted from your bills. 13) (a) You shall take all suitable steps for security and safety of your workmen and Excavator Cum Back Hoe-3DX JCB .as well as for our clients property. You should have your workmen and machines adequately covered by Insurance including accidental damages with third party liability. The cost towards supervision, insurance and safety measures shall be borne by you. In case any claims or liability arises due to your equipment the same shall be to your account. (b) (c) If any safety accessories are to be provided with the equipment as per our clients requirement the cost of same shall be borne by you at your cost. You shall submit copies of the insurance policy Registration papers (where applicable) to our site office before the commissioning of the same at our site. Contd: Pg-3 (2)

Ref. no.-012/PC/PRW/Bablatala Housing/001/Vol-01/05/A

14)In

Dated:-26/08/2010

case of non availability of Excavator Cum Back Hoe-3DX JCB.caused by reason attributable to you (such as absence of operators, checking, repairing, maintenance beyond half hour in a shift or one hour in a day ), proportionate deduction of hire charges shall be made for the down time. 15) We reserve the right to cancel the order on being dissatisfied regarding the performance of the equipment and behavior of your staff/workmen. No compensation shall be paid to you in such an event. 16) Payment of wages to all your workmen shall be made by you every month to the entire satisfaction of the Company, within the stipulated period. 17) Payment to your workmen shall, in no case, be tagged or correlated with the receipt of payment against your monthly bill(s) from the Company. 18) Wages-cum-Master Register shall have to be produced to the Company, owner and the competent labour authority whenever required by time. 19) In case your equipment and/or workmen leave the site without completing the work assigned to them, the Company shall be at liberty to get the work done from any other contractor(s) or agency (ies) at your risk, cost and responsibility. The amount so incurred by the Company, shall be recovered from your outstanding bills. 20) In the event of any difference or dispute arising out of or in connection with this Order, the same should be first amicably settled by mutual dialogue. If we fail to settle the difference or disputes arising out of or in connection with the order (including interpretation of the terms thereof), the same shall be referred to Arbitration. The Arbitration proceeding shall be conducted by a Sole Arbitrator appointed by the Managing Director of Simplex Infrastructures limited and the award/decision of such Arbitrator shall be final and binding upon both the parties. The venue of the Arbitration proceedings shall be Kolkata. However, you will not stop the work during the pendency of the proceedings and shall ensure that such work is proceeded uninterruptedly. 21) All transactions are subject to jurisdiction of Kolkata High Court. Please sign the duplicate copy of this letter as a token of your acceptance. Thanking you, Yours faithfully, For Salarpuria Simplex Realty Ventures Pvt. Limited.

Goutam Kar (Authorised Signatory) Encl. Annexure-1 c.c to : Mr. Amit Sarda- Kolkata. c.c. to : Mr. Subrata Kundu- Bablatala Housing Project Site, Rajarhat, Kolkata