Section 4. Particular Conditions of Contract SC Clause | Amendments of, and Supplements to, Clauses in the General Conditions of Contract Gee 4.44) The Purchaser is Managing Director LP Gas Limited North Patenga Chattogram-4204 Bangladesh, GCC 1.1/0) The site / point of delivery is: LP Gas Limited North Patenga Chattogram-4204 Bangladesh, Distance of delivery site (point) is approximately (five) KM from Chattogram Port GCC 5.1(i) ‘The following documents shall also be part of the Contract. a) the signed Contract Agreement, ') the Notification of Award; ©) The Tender and the appendices to the Tender; 4) Particular Conditions of Contract ©) General Conditions of Contract; {) Technical Speciications & inspection/Test required for Cylinders; 49) Drawings; ') Priced Schedule and schedule of requirements and: 3}. Other Documents including correspondences ised in the POC forming part of the Contract. eco For notices, the Purchaser's contact details shall be. ‘Attention; Managing Director Adress: LP Gas Limited, North Patenga, Chatiogram-4204, Bangladesh. ‘Telephone: +88-031-2501220, Cell: +86-01711-134969 Facsimile number: +88-031-2501217 Electronic mail address: engineerttkhan@yahoo.comStandard Tender Document PG4 For notices, the Supplier's contact details shal be: Attention Address: Telephone: Facsimile number: Electronic mail adaress: Gcc 18.1 ‘The scope of Supply shall be’ Brief Description: LPG Cylinder of 26.6 litre water capacity fitted with valve (22 mm version) & protection cap. Quantity: 30,000 (Thirty thousand) Cylinders. Delivery Schedule: Within 16 (sixteen) weeks of signing the contract / opening of LIC and receipt of the same by the supplier's Bank whichever is later. At the first phase 14,000 cylinders may be supplied within 8 weeks and at the second phase balance quantity (16,000 cylinders) as per Tenderer’s proposal, but not exceeding 16 weeks as specified. Geo 22.2 ‘The packing, marking and documentation within and outside the packages shall be: The Supplier shall provide Sea Worthy Packing for each cylinder & finally packed & sent through F.C.L. Container. Such packing of the Goods as is required to prevent their damage or deterioration during transporttransit to their final destination as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transportransit and exposure to extreme temperatures, salt and precipitation during transporvtransit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Goods’ final destination and the absence of heavy handling faclitles at all points in transportitransit. In case of local supplier all necessary precautions for safe transportation of cylinders should be taken. ‘The packing, marking and documentation within & outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract and Subject to any subsequent instructions ordered by the Purchaser. The outer packing may be clearly marked on at least four slides as follows: Name and address of Purchaser Name of the Supplier ‘Contract Description Country of Origin Final Destination/Delivery Point Gross weight Package number of total number of packages Brief description of the content ‘Any special iting instructions Any special handling instructions Procurement of LPG CylindersAll materials Used for packing shall be environmentally neutral Gee 23.2 Details of shipping and documents to be furnished by the Supplier shail be: «Goods supplied from abroad as per INCOTERM CFI Upon shipment, the Supplier shall notify the Purchaser and the insurance Company by telex or fax the fll details ofthe shipment, including Contract number, description cf Goods, quantity, the vessel, the bill of lading number and date, port of loading, date of shipment, port of discharge, etc. The Supplier shall send the following documents to the Purchaser, with a copy to the insurance Company: (2) 6 copies of the Suppliers invoice showing the description of the Goods, quantity, unit price, and total amount; (b) original and 4 copies of the negotiable, clean, on-board bill of lading marked “freight prepaid’ and 4 copies of non-negotiable bill of lading; (c) 6 copies of the packing list identifying contents of each package: (d) 6 copies insurance certificate; (@) 6 sets of quality cerlifcates of steel, valve, fitings & accessories from respective manufacturers. (f) Clearance from Explosive Department of the supplier's country () Manufacturer's or Supplier's warranty certificate; (h) inspection certificate, issued by the nominated independent Inspection agency, and the Supplier's factory inspection report; and () Certificate of origin, ‘The Purchaser shall receive the above documents at least one week before arrival of the Goods at the port or piace of arrival and, if not received, the ‘Supplier will be responsible for any consequent expenses, ‘The Purchaser, shall receive the above documents before the arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses. 56Standard Tender Document PG4 _ GCC 25.1 For Goods from within the Purchaser's country as per INCOTERM EXW: Upon delivery of the Goads to the transporter, the Supplier shall notify the Purchaser and send the following documents to the Purchaser: {a) 6 copies of the Suppliers invoice showing the description of the Goods, quantity, unit price, and total amount; (b) delivery note, railway receipt, or truck receipt; (c) 6 copies of Manufacturer's or Supplier's warranty certificate; (d) 6 copies of inspection certificate issued by the nominated independent inspection agency, (e) 6 copies of Manufacturer’s/Supplier's factory inspection report, (f) Clearance from Explosive Department; (9) Copy of VAT Challan; and (h) Certificate of origin ‘The Purchaser, shall receive the above documents before the arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses. “The Contract price is: {insert the contract Price] ccc 26.2 Responsibility of the Purchaser and Supplier is: Not Applicable. cee 274 ‘The method and conditions of payment to be made to the Supplier under this Contract shall be as follows: Payment for Goods supplied from abroad: Payment of foreign currency portion shall be made in US Dollars in the following manner. (a) Advance Paymer : No Advance Payment shall be made to Supplier. (b) On Shipment: Ninety percent (90%) of the Contract Price of each lot of the Goods shipped shall be paid through irrevocable confirmed letter of credit opened in favour of the Supplier in @ bank in its country, upon submission of documents specified in GEC Clause 23. Invoice is to be raised for 100% of the consignment supplied in each lot, then 10% deduction is to be shown on the face of the invoice and thereafter 90% is to be claimed for payment Procurement of LPG Cylinders() On Acceptance: Ten percent (10%) of the Contract Price of Goods received shall be paid within thiny (30) days of receipt of the Goods upon ‘submission of claim supported by the acceptance certificate issued by the Purchaser specified in GCC Clause 24. Payment of local currency portion shall be made in Bangladesh Taka within thirty (20) days of presentation of claim supported by a certificate from the Purchaser declaring that the Goods have been delivered and that all other contracted Related Services have been performed Payment for Goods and Sei {85 Supplied from within the Bangladesh: Payment for Goods and Services supplied from within the Purchaser's country shail be made in Bangladesh Taka, as follows: (d) Advance Payment: No Advance Payment shall be made to the Supplier. (e) On Dolivery: Ninety (90) percent of the Contract Price of each lot of the ‘Goods delivered shall be paid after submission of documents specified in GCC Clause 23.1 supported by the Acceptance Cerificate issued by the Purchaser as per GCC Clause 24, (On Acceptance: Ten percent (10%) of the Contract Price of Goods received shall be paid within thirty (30) days of presentation of claim Supported by a certificate issued by the Purchaser declaring that goods have been delivered are found no defects in respect of technical specifications, workmanship & performance of valves during filing and ‘marketing of LPG through these cylinders. GCC 27.3 Payments shall be made in no case later than the 60 (sixty) days after submission of ‘an invoice or request for payment by the Supplier, and after the Purchaser has accepted it Gee 27.5 No interest wil be paid. Gece 28.2 ‘The insurance coverage shall be: All Goods supplied under the Contract shall be fully insured in Bangladesh covering ail risks of the Goods from "Warehouse to Warehouse" on "All Risks” basis inoluding War Risks and Strike clauses for goods supplied from abroad & within Bangladesh,‘Standard Tender Document PG4 Gc 32.41 All the inspections and tests as mentioned in Section 7 under “Technical Specifications for the Cylinders” & "Inspections/Tests required for the Cylinders" including “Pre-shipment inspection’ & "Proforma of Technical Specifications” shall be conducted at Supplier's premises during production of cylinders and before shipment of goods on Supplier's cost. The Purchasers right to inspect, test and where appropriate reject the Goods after delivery, shall in no way be limited or waived by the reason of Goods having previously been inspected, tested or passed by the Purchaser or its representative prior to the Goods shipment. GCC 33.3, ‘The period of validity of the Warranty shall be: Twelve (12) months, For purpose of the Warranty, the place of final destination shall be: LP Gas Limited, North Patenga, Chattogram-4204, Bangladesh, Gcc 33.6 The Supplier shall correct any defects covered by the Warranty within sixty (60) days of being notified by the Purchaser of the occurrence of such defects. cc 35.1 The applicable rate for liquidated damages for delay shail be : 0.5% (zero point five percent) of the Contract Price of the delayed Goods or unperformed Related Services for each week of delay until actual delivery or performance The maximum amount of liquidated damages shall be: Ten percent (10%) of the Contract Price GCC 47.20) ‘The name of the appointing authority of the Adjudicator: Chairman, Bangladesh Petroleum Corporation, Bangladesh | GCC 47.3(b) ‘The rules of procedure for arbitration proceedings shall be as follows: 1n the case of a dispute between the Purchaser and a Supplier, the dispute shall be referred to adjudication or arbitration in accordance with the laws of the Bangladesh i.e Arbitration Act ( Act No 1 of 2001) of Bangladesh as at present in force. The place of arbitration will be: Bangladesh Petroleum Corporation, BSC Bhaban, Saltgola Road, Chattogram-4100. Procurement of LPG Cylinders