Ppt "4 | Standard Terms & Conditions |_ DPFC-PS-STD-01 AD y (July 2015 ~ June 2016) Fey Ho Re a HRIS Pa 1.0 INCOME TAX: Income tax shall be deducted from payments made to DDFC as per government rules unless we provide an exemption certificate. Our NTN No. is 0683957-6. 2.0 Sales Tax and Other Taxes: Our offered price is without sales tax which is currently applicable at 17%. These will be paid by the customer at the time of dispatch of equipment. If the tax rate changes in future or additional taxes are imposed by the govemment these would be payable at the applicable rates. Our GST No. is 03-07-7309-001-19, 3.0 TERMS OF POSSESSION Until paid for in full, the title to and right of possession of the equipment shall remain with DDFC 4.0 DELIVERY STANDARD CONDITIONS: Delivery time will be subject to’ 4.4. Approval of P&l diagram, General Arrangement Drawing, Design Calculations and Detailed Drawings (whichever is applicable) by the customer or his authorized consultant within two weeks of our submission. 4.2 Allholds being cleared on the date of first review of drawings and without any major changes that affects our procurement of materials for this job 4.3 Any time utilized by customer or his authorized representative in checking General Arrangement drawings, Design Calculations, Detailed Drawings or such other details after the first review until finalization would be added to the agreed agreement period In case the comments by customer or his authorized representative result in change in material specifications, its quantity or resubmission to inspection authority its cost would be advised to the customer who will approve it and add it to the agreed agreement price 44 Receiving payments within the stipulated time as per mutually agreed payment terms & schedule. 4.5 Extension of time for the time incurred for post order alterations / additions to supply as per customer's / his consultant's instructions. 466 Delays attributed to force majeure conditions or circumstances beyond the control of either party. 4.7 No delay in inspection beyond the appointed date or delay in approval of test certificates etc., whenever required beyond a period of one week from the date of submission by DDFC 48 Delay by customer in release of dispatch instructions / clearance or due to hold up of supplies at customer's / consultant's instruction or lack of instructions / information 4.9 Delay caused by alterations / additions to scope of supply under customer's instructions. 4.10 Delay in Purchase Order amendment for all increases. 4.11. If the completion of supply is delayed beyond the agreement date for reasons beyond the DDFC's control as listed out hereunder (but not limited to them), the DDFC should be entitled to proportional extension in the completion period and the agreement will automatically stand amended. 4.12. If DDFC is delayed in delivery or in the work for reasons caused solely or partly by the Buyer or any of his representatives, employees, officers, subcontractors, or agents, DDFC shall not only be allowed the necessary extra time but also compensation for extra costs that DDFC may incur. A © DUFC (Pvt) Ltd All rights reserved. This document is the property of DDFC (Pvt) Ltd. Itis not to be reprinted or duplicated withaut permission from the Management Representative of DDFC (Pvt) Ltd.1) vic Standard Terms & Conditions |_ DPFC-PS-STD-01 | AAW, (July 2015 ~ June 2016) ey No Rev Dat sos [Pea | 5.0 WARRANTY DDFC provides warranty against design, materials and workmanship for the products manufactured by it. Warranty is valid for one year after startup or 18 months after delivery whichever is earlier. However, aforementioned warranties shall not be applicable for second hand items / products. This warranty is subject to the following conditions: 5.1 The supplied equipment is installed properly in accordance with manufacturer's instructions. 5.2 The supplied equipment is stored properly by the Buyer duly insured against damage due to severe heat, corrosive environment, direct rain or similar circumstances. 5.3. Supply of proper quality treated water, fuel, lubricants, and compressed air as per requirement as recommended by DDFC. 5.4 Operation and maintenance of equipment by Buyer's trained personnel in accordance with manufacturer's instructions. 5.5 Damage to electrical / electronic components is excluded from warranty. 5.6 Accidental damage and damage due to normal wear and tear is also excluded from warranty. 5.7. Consequential losses are not covered by warranty. 5.8 In the event of any claim, the buyer will notify DDFC within 48 hours of discovery of defect and the DDFC will ensure prompt action for repair / replacement of the defective part at his sole discretion. 5.9 This warranty is subject to use of DDFC recommended water treatment chemicals during warranty period. 5.10 Our warranty is based on sub-supplier's warranty, 6.0 CONSEQUENTIAL DAMAGES Neither party shall at any time be liable to the other for any loss of profits or any simitar indirect damages, howsoever described, incurred or suffered by either party in respect of the profit. 7.0 LIMITATION OF LIABILITY In no event shall DDFC or its subcontractors of any tier be liable in agreement, tort, strict liability, warranty or otherwise, for any special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of product, loss of anticipated profits or revenue, loss of use of the equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment systems or power, for an amount exceeding 5 % of the Offered Value. 8.0 SECRECY Alll data, specifications and drawings submitted by DDFC as a part of the agreement are proprietary in nature and will not be passed on by the purchaser to any third party, for whatever reason, without DDFC’S written consent, 9.0 BASIS OF COSTING Offered prices are based on current POUND STERLING / EURO / US DOLLAR to Pak Rupee conversion rate and prevailing cost of materials, consumables and power tariff. If due to Government notification / devaluation of currency, any of these changes, we would be compensated in proportion to the variation caused by Government's action. Our prices are aiso based on prevailing rates of taxes, duties and levies. In case of any increase in these rates or application of additional taxes, duties and levies by the government up to @WDFC (Put) LS, Allrights reserved. This document is the property of DDFC (Pvt) Ltd is notto bo Teprinted or duplicated without permission from the Management Representative of DDFC (Pvt.) Ltd.PoE | standard Terms & Conditions| DDFC-PS-STD-01 | WU, (July 2016 ~ June 2018) fe Na 3 the physical delivery of your ordered items, the above quoted prices will change accordingly, which will be debited to the buyer's account. 10.0 ARBITRATION ‘Any controversy or claim arising out of or relating to any agreement resulting from this proposal or the breach thereof shall be handled by arbitration. The agreement is for arbitration within the meaning of the Pakistan Arbitration and Conciliation Act, including any statutory re-enactment or any other modification thereof. The arbitration proceedings shall take place in Lahore, Pakistan or any other location as finalized by the arbitrators. 41.0 FORCE MAJEURE This offer is subject to a force majeure which may include but is not limited to acts of God, or by the public enemy, wars, floods, epidemics, riots, civil disorders or any other cause which adversely affects the ability of supplier to perform the work diligently. In such cases the deviations and time extension for the agreement shall be mutually agreed. 12.0 LIABILITIES AGAINST DEFECTS. 12.1 For repair work and other work. DDFC fiability for defects shall be limited to repair to the defect in question. DDFC shall cover only the direct costs of labour and materials for such repair. DDFC disclaims any other costs, whether direct, indirect, consequential, or otherwise. Payment for traveling time, waiting time, traveling expenses, hotel, and meals shall be for the account of the Buyer and shall be invoiced accordingly. 12.2. DDFC shall make its best effort to pass on to the Buyer all manufacturers warranties for machinery and equipment procured by DDFC for the work. in no event shall DDFC warranties / liability for machinery and equipment procured by DDFC be more extensive than the manufacturer warranties. 13.0 TERMS OF ASSISTANCE BY DDFC PERSONNEL 13.1. A normal week comprises 6 working days and 1 weekend day. A normal working day comprises 8 working hours, and hours exceeding 8 working hours shall be considered overtime hours. 13.2. All working hours on weekend days and DDFC personne'’s national holidays shall be considered overtime hours. 13.3 DDFC personnel can only undertake working hours exceeding 12 hours per day or work on Sunday against the Buyer's representative's written approval. Reasons for overtime hours exceeding 12 hours per day and written approval shall be given time sheet/written document. 13.4. The Buyer or his authorized representative is requested to follow the progress of the work closely. 13.5 If DDFC personnel are not provided accommodations where they are carrying out a job, the working time starts at the time DDFC personnel leave their hotel and ends at their retum to the hotel 13.6 Waiting time caused by lack of work due to circumstances beyond the control of DDFC personne! shall be invoiced at the rate valid for normal working hours. DDFC personnel are prepared to undertake other kinds or work than originally intended in order to compensate for waiting time. Waiting time shall be charged daily between 8 ) am and 8pm. A maximum of 10 hours of waiting time can be charged per day ip. 1h i © DDFC (Pvt. Ltd. All rights reserved. This document is the property of DDFC (Pvt) Ltd. It is not to be reprinted or duplicated without permission from the Management Representative of DDFC (Pvt) Ltee Standard Terms & Conditions| DDFC-PS-STD-01 UL (July 2015 ~ June 2016) aor Nor ev, Dates18-15 | Page of 14.0 PERMITS, LICENSES AND CERTIFICATES Itis the sole responsibility of the Buyer to obtain permissions, permits, passes, licenses, or certificates from the appropriate authorities or classification societies for work to be carried out by any company working on Buyer's site. 45.0 BUYERS LIABILITY AND INSURANCE 15.1. The Buyer shall pay compensation and indemnity DDFC in case of damage to DDFC property or injury or death or personnel employed by DDFC or any third party when and to the extent that such injury or death is caused by the Buyer's negligence, whether direct or indirect. Such negligence may be constituted by lack of necessary instructions conceming the work to be cartied out by DDFC personnel 15.2 The Buyer is responsible for removal. Disposal of or the consequences of the presence of dangerous, poisonous or otherwise polluting materials 46.0 GENERAL TERMS 16.1. If the Buyer wishes to transfer the order to a third party, such transfer requires DDFC’s prior acceptance. In this situation, the Buyer shall remain liable for payment to DDFC. 16.2. DDFC disclaims any liability that is not covered by these Terms and Condition. DDFC specifically disclaims all warranties of merchantability and fitness of DDFC works or products for a particular purpose. 16.3. In case of delay in payment, financial charges @ 0.05 % per day shall be charged to customer. 16.4 All payments will be released within 15 calendar days after submission of invoices 17.0 APPROVAL Prepared by | Approved by Designation | | WC Proposals ) 1/C Business Development : 1 | Signature ) Jn. OBE a0 6 Date | ~~ ©DDFC (Pvi.) Lid. All ights reserved. This document is the property of DDFC (Pvt) Ltd. Itis not to be reprinted or duplicated without permission from the Management Representative of DDFC (Pvt) Ltd