Professional Documents
Culture Documents
To,
M/s Action Construction Equipment Limited, By Regd. Post
5th Floor, TDI Centre, Email: marketing@ace-cranes.com
Jasola,
New Delhi-110025
Dear Sir,
Sub: Supply of Hydraulic Mobile (Pick & Carry) Cranes
Ref: i) Our Open Tender no: ECL/Hq/Pur/21411129/Cranes/082 dated 31.07.2015 opened
on 04.09.2015
ii) Your on-line offer against the tender and subsequent correspondences, last being vide
letter no: ACE/M/15-16/0201 dated 01.02.2016.
With reference to the above, we are pleased to place our formal order on you for supply of the following Pick and
Carry Cranes as per technical specifications, prices, terms and conditions mentioned below and also as per our
General terms and conditions for supply of stores:
(Rupees One Crores Thirteen Lacs Eighty Three Thousand Six Hundred and Twenty Only)
Note: The scope of supply of the above mentioned Cranes will include first fill of all lubricants, Tools as per
Annexure A1 and Filters and O-rings for initial 3000 working hours as per Annexure-A2. The detailed
scope of supply and technical specifications are given in Annexure A3.
02. Excise Duty: Excise duty shall be payable extra at actual against documentary evidence within
scheduled delivery period. The present rate of ED is 12.50% (inclusive of Cess). You will have to submit a
certificate from your Auditor at the time of billing, certifying that refund/credit if any, obtained by you
against this order would be passed on to ECL.
Any increase in Excise Duty and Educational Cess within the original Delivery period will be considered
based on the merit after receipt of request from you along with supporting documents. No increase in
Excise Duty and Educational Cess will be admissible beyond original delivery period. However, in case of
decrease in Excise Duty and Educational Cess within and beyond the delivery period, the same shall be
applicable.
Purchase Order No: 05825200(40) Dated: 14.03.2016
03. Sales Tax/VAT: Concessional CST shall be payable extra as applicable within the scheduled delivery
period. The present rate quoted by you is 2%.
Any increase in Concessional CST within the original Delivery period will be considered based on the
merit after receipt of request from you along with supporting documents. No increase in Concessional
CST will be admissible beyond original delivery period. However, in case of decrease in Concessional CST
within and beyond the delivery period, the same shall be applicable.
04. Transportation Charges: Shall be payable extra at actual against documentary evidence subject to a
maximum as mentioned against each capacity of Cranes:
a. 9T Crane – Rs. 32,000.00 each
b. 12T Crane – Rs. 32,000.00 each
c. 14T Crane – Rs. 39,000.00 each
06. Consignee:
Sl No Capacity of Crane Quantity Consignee
1 14T Crane 01 No Depot Officer, Rajmahal Area, Dist-Godda, Jharkhand
2 9T Crane 02 Nos Depot Officer, Sodepur Central Stores,
12T Crane 06 Nos PO: Sunderchak, Dist: Burdwan, West Bengal
14T Crane 03 Nos
07. Paying Authority: General Manager (Finance)(In-Charge), ECL Hqrs., Sanctoria, P.O.Dishergarh –
713333, Dist. Burdwan, West Bengal.
09. Mode of Payment: The payments shall be made through e-payment, for which Bank details are as
under:-
i) Name of the Payee in Block Letters ACTION CONSTUCTION EQUIPMENT LIMITED
ii) Address 5TH FLOOR, TDI CENTRE, JASOLA, NEW DELHI-110025
iii) Bank A/c No. of Payee 008351000007
iv) Name of the Bank ICICI Bank Ltd.
v) Name of the Branch and Branch Code Faridabad Branch, Code: 83
vi) PAN Card No. of Payee AAACA6189P
vii) Indian Financial Service Code (IFS Code) ICIC0000083
Note: Payment will only be made on receipt and acceptance of requisite Performance Bank Guarantee.
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Purchase Order No: 05825200(40) Dated: 14.03.2016
10. Dispatch instruction: Notification of dispatch should be sent to the Consignee and copies to GM(MM)
Pur, ECL and GM(E&M) HOD, ECL immediately after dispatch giving the following particulars :-
a. Supply Order and date
b. Machine Sr. No.
c. Date of Inspection
d. Date of Dispatch
e. Name of project to which dispatched
f. No. of packages
g. Quantity and/or weight
h. Description of Stores
i. Consignment Note No. and Date
j. Name of Transporter/Trailer / Truck No.
Failure to submit the above details with constitute failure on the performance of the supplier.
11. Delivery: Supply should be completed within 180 days from the date of issue of Purchase Order. Early
delivery shall be acceptable.
12. Security Deposit: An amount of Rs. 13,47,471.00 (Rupees Thirteen Lacs Forty Seven Thousand
Four Hundred and Seventy One only) – rounded off for all the cranes shall be payable as
Security Deposit by you in the form of Bank Guarantee in our Standard Format (enclosed as Annexure
B1) on any Scheduled/Nationalised 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
in the name of the Bank and should be furnished on a non-judicial stamp paper of Rs 100/- or more and
should be valid for at least 6 months but sufficient to cover the satisfactory execution of Contract.
13. Performance Bank Guarantee: You shall have to furnish Performance Bank Guarantee on any
Scheduled/Nationalized Bank in India valid for 18 (Eighteen) months from the date of commissioning of
the equipment for 10% landed value of the equipments as a coverage towards the Supplier’s
performance against the Contract, in ECL’s standard format enclosed as Annexure-B2.
The amount of PBG should remain 10% throughout the entire 18 months period. In case some amount of
the PBG is encashed, in the event of non-payment of Liquidated damages as per Guaranteed Availability
of the order, you shall replenish the same, so that PBG amount does not fall below 10% of the landed
value of the equipments at any point of time during the entire 18 months from the date of
commissioning. In the event of failure to do so, ECL reserves the right to encash any balance amount of
the PBG, if required or to recover from any amount payable to the supplier by ECL or by CIL/any
subsidiary of CIL.
The Performance Bank Guarantee should be submitted within three weeks prior to submission of bills for
80% payment. The PBG should be furnished on a non-judicial stamp paper of Rs 100/- or more and the
stamp paper should be in the name of the Bank. No payment will be made without submission of
Performance Bank Guarantee. The value of the PBG would be Rs. 13,47,471.00 (Rupees Thirteen
Lacs Forty Seven Thousand Four Hundred and Seventy One only) – rounded off for all the
cranes. The PBG will be released after successful performance of the equipment during warranty period
and fulfillment of all contractual obligations.
14. Security cum Performance Bank Guarantee: Since you have to submit Security as well as
Performance Bank Guarantee, you have option to submit a Security cum Performance Bank Guarantee as
per format enclosed at Annexure B3 (in lieu of Security & Performance Bank Guarantee separately). In
that case, amount of Security cum PBG shall be Rs. 13,47,471.00 (Rupees Thirteen Lacs Forty
Seven Thousand Four Hundred and Seventy One only) – rounded off for all the cranes. The
same should be submitted within two weeks time of receipt of order and will remain valid for 24 months
from the date of submission. No payment shall 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). The Security cum Performance Bank Guarantee will be released after successful
performance of the equipment during warranty period and fulfillment of all contractual obligations.
15. Guarantee/Warranty: You shall warrant that the equipment to be supplied under the contract:-
a) is new, unused and of current design which is not likely to be discontinued or become obsolete
within the life span of the equipment.
b) is in accordance with the contract specifications.
c) shall have no defects arising out of design, materials or workmanship
d) shall satisfactorily perform the functions for which it is designed.
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Purchase Order No: 05825200(40) Dated: 14.03.2016
You shall give a warranty of satisfactory performance of the Cranes offered by you for a period of 12
months from the date of commissioning or 18 months from the date of receipt and acceptance by ECL,
whichever occurs earlier. You shall be responsible for any defects that they develop under the conditions
provided for by the contract and under proper use, arising from faulty materials, design or workmanship
and shall remedy such defects at your own cost when called upon to do so. If it becomes necessary for
you to replace on renew any defective portion of the goods, such replacement or renewal should be
made by you without any extra cost to ECL on door delivery basis.
16. Special Guarantee: Complete Engine system & Transmission assembly shall be guaranteed for 24
months or 6000 hours, whichever is earlier from the date of commissioning. During this special
Guarantee period, the failed component/ part will have to be replaced depending on the merit of case,
free of cost by you.
17. Deemed breakdown: When you are unable to supply the replacement of a failed part under warranty
within 30 (Thirty) days and if the machine is commissioned by using the spare from the stock of the
project, the period after 30 (Thirty) days till you replaces the part under warranty shall be treated as
"Deemed Breakdown" (the credit for keeping the crane available shall not be given to you).
The supplier shall have however the option to modify the equipment, if felt necessary, to bring its
availability to the guaranteed level within 3 (Three) months after expiry of initial guaranteed
period of 12 (Twelve) months from the date of commissioning.
20. Manufacturer’s Identification Marking: Manufacturer’s identification marking etc. must be embossed
on each crane. In case it is not possible to do the same due to size and nature of item, then a suitable
alternative identification mark should be provided.
21. Maintainability: You are liable for supply of any spare parts for a minimum period of nine years from
the date of delivery of the cranes at user’s end.
22. Special Condition: The machines under supply against this order should have the same major
assemblies / sub-assemblies which were fitted on the machines supplied against CIL/ECL’s last supply
order. In case any change is contemplated prior clearance of ECL will be necessary.
23. Performance Monitoring: 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.
27. Manuals: Two sets of operation and maintenance manual and three sets of Parts Catalogue to be
provided along with each Crane.
28. Tools: Tools as mentioned in the Annexure-A1 shall be provided free of cost with each Crane.
29. Road Permits/Way Bills, if required, should be obtained directly from the consignees.
31. Test and Guarantee Certificates: Manufacturer’s test and guarantee certificates should be provided
along with the supplies.
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Purchase Order No: 05825200(40) Dated: 14.03.2016
You shall submit a certificate along with the bill confirming that the price charged are not higher than the
price applicable to any customer in India including CIL/subsidiary companies/DGS&D for equipment/items
of same specifications.
Separate Bills/challans should be raised for each consignment and BC No. as mentioned in the
Purchase Order should be indicated in each bill.
b) The consignee shall send SR Notes, Challan, inspection note and 3 copies of bills (including the
original) and any other requisite documents to the paying authority. The following information (as
relevant to the supply) shall be mentioned in the inspection note/Store Receipt (SR) document:
i. Name of Consignor:
ii. Address of Consignor:
iii. Centralized Central Excise Registration No. of Consignor:
iv. Address of Corporate Office:
v. Central Excise Division:
vi. Central Excise Range:
vii. Commissionerate:
viii. TIN NO. & VAT NO.
ix. Name & Address of the Consignee:
x. Central Excise Registration No. of Consignee:
xi. Central Excise Range, Division and Commissionerate of Consignee:
xii. Description and Classification of goods:
xiii. Time and Date of Removal:
xiv. Mode of Transport and Vehicle Reg. No / RR No.
xv. Rate of Duty
xvi. Qty and Value of Goods:
xvii. Excise duty, Primary Edu. Cess & HS Edu. Cess: (to be indicated separately)
xviii. Invoice should be in Triplicate (i.e. Original for buyers, Duplicate for Transporter and
Triplicate for consignor/Assessee)
Information relating to ECL to be incorporated by supplier in their invoices to enable ECL to avail
CENVAT credit:
i. Centralized Central Excise Registration No.of ECL: AAACE7590EEM001.
ii. Address of Corporate Office: Office of CMD, Eastern Coalfields Limited, Sanctoria, PO:
Disergarh-713333
iii. Central Excise Division : Asansol II, Senraleigh Road, Asansol – 713305
iv. Central Excise Range : Kulti, X-10 South Road, Burnpur -713325
v. Commissionerate: Bolpur (West Bengal)
vi. TIN NO. & VAT NO: 19741701222 & 19741701028
vii. Centralized Service Tax Registration No. of ECL : AAACE 7590EST007
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Purchase Order No: 05825200(40) Dated: 14.03.2016
One set of dispatch documents of each consignment should invariably be sent to the office of the GM
(MM) Pur, ECL.
34. Please quote purchase order No and date in all your correspondence.
35. 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.
36. 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.
37. Any term and condition not specifically mentioned in the Purchase Order, shall be governed by our
NIT/tender Document and also by the General Terms & Conditions of Supply of Stores of ECL already
attached with the NIT/Tender document. Further any term and condition not specifically mentioned
anywhere in the General Terms & Condition of Supply of Stores, shall be governed by the provisions of
Purchase Manual which is available in the website of Coal India Limited, namely www.coalinida.in.
38. Duplicate copy of this order duly signed should be returned to us within 15 days as token of acceptance.
If, within the said period, we do not receive the duplicate copy of this order, duly signed, it will be
presumed that you have accepted the order.
Encl:
Annex A1: List of Tools to be supplied along with each Crane
Annex A2: List of Filters and O-Rings required for first 3000 Hrs of Operation to be supplied along with each
Crane
Annex A3: Scope of Supply and Detailed Technical Specification of 9T, 12T & 14T Crane
Annex A4: Technical Literature of 9T, 12T & 14T Crane
Annex B1: Format of Guarantee Bond for Security
Annex B2: Format of Performance Bank Guarantee
Annex B3: Format of Guarantee Bond for Security cum Performance
Annex C: Format of Performance of Equipment
Annex D: Integrity Pact
Yours Faithfully,
FOR AND ON BEHALF OF ECL
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