Professional Documents
Culture Documents
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
Sl.No Item Code Item Description HSN SAC Code Delivery Date Price Per Unit Quantity in AMOUNT(INR)
Units UOM
1 Excavation in all types of soil and rock 995433 31-OCT-2017 245.00 16,757.000 4,105,465.00
including backfilling disposal etc. for all M3
leads and lifts
Project No/Task No
300481 / 7133_Madhugiri_CIV_85
IGST-EPC@18% 738,983.70
Item Wise Total: 4,844,448.70
2 Providing and laying of Plain Cement 995454 31-OCT-2017 4,251.00 502.000 2,134,002.00
Concrete (PCC) (1:4:8) M3
Project No/Task No
300481 / 7133_Madhugiri_CIV_86
IGST-EPC@18% 384,120.36
Item Wise Total: 2,518,122.36
3 Providing and laying of Plain Cement 995454 31-OCT-2017 5,271.00 58.000 305,718.00
Concrete (PCC) (1:2:4) M3
Project No/Task No
300481 / 7133_Madhugiri_CIV_87
IGST-EPC@18% 55,029.24
Item Wise Total: 360,747.24
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
4 Providing and laying Plain Cement 995454 31-OCT-2017 4,264.00 2,100.000 8,954,400.00
Concrete 1:5:10 (1 cement : 5 sand : 10 M3
brick aggregate)
Project No/Task No
300481 / 7133_Madhugiri_CIV_89
IGST-EPC@18% 1,611,792.00
Item Wise Total: 10,566,192.00
5 Providing and laying of Reinforced Cement 995454 31-OCT-2017 7,890.00 2,070.000 16,332,300.00
Concrete M25 mix including pre cast, M3
shuttering
Project No/Task No
300481 / 7133_Madhugiri_CIV_88
IGST-EPC@18% 2,939,814.00
Item Wise Total: 19,272,114.00
7 Steel Reinforcement 995454 31-OCT-2017 54,505.00 144.000 7,848,720.00
Metric Ton
Project No/Task No
300481 / 7133_Madhugiri_CIV_90
IGST-EPC@18% 1,412,769.60
Item Wise Total: 9,261,489.60
8 Stone filling (40 mm size) for 995428 31-OCT-2017 2,744.00 28.000 76,832.00
transformer/Reactor foundation M3
Project No/Task No
300481 / 7133_Madhugiri_CIV_91
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
IGST-EPC@18% 13,829.76
Item Wise Total: 90,661.76
9 Misc. Structural steel including rails, 995455 31-OCT-2017 65,309.00 49.000 3,200,141.00
embedments, edge protection angles, Metric Ton
gratings etc. but excluding the
reinforcement steel andsteel for lattice and
pipe structures.
Project No/Task No
300481 / 7133_Madhugiri_CIV_92
IGST-EPC@18% 576,025.38
Item Wise Total: 3,776,166.38
10 Stone spreading and antiweed treatment in 995454 31-OCT-2017 245.00 28,000.000 6,860,000.00
switchyard excluding PCC M2
Project No/Task No
300481 / 7133_Madhugiri_CIV_93
IGST-EPC@18% 1,234,800.00
Item Wise Total: 8,094,800.00
11 External finishing / painting of fire wall 995454 31-OCT-2017 343.00 320.000 109,760.00
(water proofing cement paint) (DSR M2
13.44.1)
Project No/Task No
300481 / 7133_Madhugiri_CIV_94
IGST-EPC@18% 19,756.80
Item Wise Total: 129,516.80
12 3.75m wide Concrete road (including all 995421 31-OCT-2017 2,156.00 1,275.000 2,748,900.00
crossings) as per drawing except M2
reinforcement & concrete in Switchyard
Project No/Task No
300481 / 7133_Madhugiri_CIV_95
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
IGST-EPC@18% 494,802.00
Item Wise Total: 3,243,702.00
13 Construction of rail cum road as per 995421 31-OCT-2017 2,744.00 126.000 345,744.00
drawing including all item such as M2
excavation,compactions, rolling watering,
WBM etc. butexcluding concrete
reinforcement and structural steel-Section
having two rails
Project No/Task No
300481 / 7133_Madhugiri_CIV_96
IGST-EPC@18% 62,233.92
Item Wise Total: 407,977.92
14 New chain Link Fencing excluding 995434 31-OCT-2017 4,410.00 50.000 220,500.00
concrete Meter
Project No/Task No
300481 / 7133_Madhugiri_CIV_97
IGST-EPC@18% 39,690.00
Item Wise Total: 260,190.00
15 Dismantling & Re-erection of Existing 995434 31-OCT-2017 1,470.00 470.000 690,900.00
fence Meter
Project No/Task No
300481 / 7133_Madhugiri_CIV_98
IGST-EPC@18% 124,362.00
Item Wise Total: 815,262.00
16 Switchyard Gate excluding Concrete 995454 31-OCT-2017 73,500.00 3.000 220,500.00
Each
Project No/Task No
300481 / 7133_Madhugiri_CIV_99
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
IGST-EPC@18% 39,690.00
Item Wise Total: 260,190.00
17 RCC culverts and cable trench crossings 995462 31-OCT-2017 1,568.00 20.000 31,360.00
including supplying and laying hume pipe Meter
300mm dia of grade (NP-3) excluding
concrete as perspecification.
Project No/Task No
300481 / 7133_Madhugiri_CIV_100
IGST-EPC@18% 5,644.80
Item Wise Total: 37,004.80
18 RCC culverts and cable trench crossings 995462 31-OCT-2017 2,352.00 20.000 47,040.00
including supplying and laying hume pipe Meter
450mm dia of grade (NP-3) excluding
concrete as perspecification.
Project No/Task No
300481 / 7133_Madhugiri_CIV_101
IGST-EPC@18% 8,467.20
Item Wise Total: 55,507.20
19 Drain including culverts but excluding 995462 31-OCT-2017 2,744.00 340.000 932,960.00
concrete & reinforcement steel-Section Meter
A-A
Project No/Task No
300481 / 7133_Madhugiri_CIV_102
IGST-EPC@18% 167,932.80
Item Wise Total: 1,100,892.80
20 Drain including culverts but excluding 995462 31-OCT-2017 3,528.00 170.000 599,760.00
concrete & reinforcement steel-Section Meter
B-B
Project No/Task No
300481 / 7133_Madhugiri_CIV_103
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
IGST-EPC@18% 107,956.80
Item Wise Total: 707,716.80
21 Drain including culverts but excluding 995462 31-OCT-2017 4,410.00 102.000 449,820.00
concrete & reinforcement steel-Section Meter
C-C
Project No/Task No
300481 / 7133_Madhugiri_CIV_104
IGST-EPC@18% 80,967.60
Item Wise Total: 530,787.60
22 Drain including culverts but excluding 995462 31-OCT-2017 5,880.00 68.000 399,840.00
concrete & reinforcement steel-Section Meter
D-D
Project No/Task No
300481 / 7133_Madhugiri_CIV_105
IGST-EPC@18% 71,971.20
Item Wise Total: 471,811.20
23 Removing,cleaning and washing of 995428 31-OCT-2017 156.80 5,000.000 784,000.00
existing stones and respreading of stones M2
in switchyard after doing anti-weed
treatment excludingPCC
Project No/Task No
300481 / 7133_Madhugiri_CIV_106
IGST-EPC@18% 141,120.00
Item Wise Total: 925,120.00
24 Supplying, filling and compacting CNS 995428 31-OCT-2017 441.00 1,506.000 664,146.00
material as per specification under floors, M3
foundations, roads, cable trenches, drains
etc inlayers not exceeding 200 mm
thickness
Project No/Task No
300481 / 7133_Madhugiri_CIV_108
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
IGST-EPC@18% 119,546.28
Item Wise Total: 783,692.28
25 400 kV Panel Room - Civil Works.All civil 995416 31-OCT-2017 20,580.00 48.000 987,840.00
works as per drawing and specifications M2
complete, including - brickwork,
finishing(external and internal), windows
etc
Project No/Task No
300481 / 7133_Madhugiri_CIV_107
IGST-EPC@18% 177,811.20
Item Wise Total: 1,165,651.20
26 Supply of earth (excluding rock & 995428 31-OCT-2017 294.00 7,000.000 2,058,000.00
boulders) at site including royalty, carriage CUM
and filling in specified areas in layers
notexceeding 200mm in depth, compacting
under optimum moisture
Project No/Task No
300481 / 7133_Madhugiri_CIV_109
IGST-EPC@18% 370,440.00
Item Wise Total: 2,428,440.00
27 Earthwork in excavation & filling in all 995433 31-OCT-2017 196.00 50,000.000 9,800,000.00
types of soil and soft/disintegrated rock in CUM
open areas/nallas/channels, to the
requiredslopes, shapes, levels, elevations
and profile, including trimming of bottom
and slopes of excavation
Project No/Task No
300481 / 7133_Madhugiri_CIV_110
IGST-EPC@18% 1,764,000.00
Item Wise Total: 11,564,000.00
For PGCIL Vemagir Pkg. Project, PO for Civil Works at Madhugiri Site.
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
All Terms & Conditions shall remain as per the Earlier PO NO.4201170000054 (This PO is made in lieu of earlier PO NO.4201170000054 for bal. qty. migration & GST Regime)
1.SCOPE OF WORKS :
The scope of work shall be Civil work for Bay extension at Madhugiri site of PGCIL Vemagiri Madhugiri Project.
You shall carry out the work strictly in accordance with the General Conditions of Contract, special conditions of PGCIL contract, technical specifications provided
and contained in Technical Specification Document and correspondence together with all their enclosures referred to above and as per instruction of TBEA Engineer.
You shall be in compliance to statutory laws / safety rules as applicable at PGCIL Project Site and as per Annexure B & you shall adhere to the same without any extra cost to
TBEA.
All safety requirements while working at site or under live switchyard should be followed by you as per applicable Govt. Health & safety regulations and as per attached
Annexure-B.
2. PRICES:
The rates stated in PO are firm for the entire period of the contract or any extension there after mutually agreed and are not subject to any escalation for any reasons whatsoever.
You shall also not be entitled to claim from us any compensation or other payment because of such delays or otherwise howsoever.
You shall take approval for materials like Cement, Raw Material of Construction, Mix Design of Concrete and Reinforcement Steel and Structural Steel from TBEA/ PGCIL Site
Manager/Engineer prior to use of procured material.
Mode of measurement for Excavation work should be as per PCC Area shown in the respective drawings.
In case of TBEA will supply the cement and Reinforcement steel, then unloading from vehicle, storage, loading, unloading, carrying to work location, etc are in contractor scope
(as per Annexure A).
3.QUANTITIES :
Prices shall remain valid for any quantity variation in the individual items but the total contract value (+/-) 10%.
It may be noted that individual quantity may vary to any extent Plus or minus(+/-) 10% is applicable to total contract value and not to any individual item and the rates in addition to
the time quoted by you and agreed by us shall remain effective and unaltered.
4.ORDER ADMINSTRATION :
For all-purpose unless any commercial matter, after release of this PO, it will be handled by our project execution group. All communications hereafter are to be addressed to
following person
5. GST TAX :
The price mentioned in this PO is inclusive of all taxes and duties except GST tax and GST tax shall be reimbursed as per GST Tax Laws and subject to submission of proof. GST
tax shall be paid with RA bills payments and proof of the same.
All other statutory deductions will be applicable as Income Tax Act and withholding tax under WCT as applicable VAT Act and will be deducted from payments (i.e., TDS, WCT,
etc.).
After 8 months, liquidated damages shall be leviable @1% per week and subject to a maximum of 10% on total contract value.
If the Contractor fails to make good the defects noticed during the liability period, the Owner shall carry out such works and recover the actual cost incurred towards labour,
supervision, materials, and consumable or otherwise from any pending bill/security deposit of the Contractor. At the end of warranty period, the Contractor's liability ceases except
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
for latent defect(s). The Contractor's liability for latent defect(s) shall be limited to a period of three (03) years from the end of warranty period. For the purpose of this Clause, the
latent defect(s) shall be the defects inherently lying within the materials or arising out of design deficiency which do not manifest themselves during the warranty period but later.
8. PAYMENT TERMS :
a) 90% to be paid against RA bill along with approved JMC, BBS and other statutory documents like PFIC, FSIC or WCP etc. to be paid within 30 days from the receipt of Tax
Invoice at Karjan Office and certified by TBEA/ PGCIL site Incharge.
b) 5% retention to be paid with last and final bill duly certified by site manager and 5% retention will be after 6 month of successful completion of the facilities under execution and
issuance of Taking Over Certificate and certified by TBEA/ PGCIL site Incharge or against PBG (should be submitted with final bill) of equivalent value valid till end of DLP and
certified by TBEA/ PGCIL site Incharge.
Note: Minimum value per monthly RA bill shall be 20 Lac ( except final bill)
10.INVOICE :
You shall send you Invoice/RA bill along with all contract documents as mentioned in this PO at the address pursuant to clause no 4 of this PO for arranging the payments.
a)Water required for the work shall be arranged by Contractor for distribution and pumping wherever required at site within quoted price.
b)Contractor will make his own arrangement of power distribution at his own cost. Contractor shall take due precautions to keep the safety as per guidelines set by TBEA/ PGCIL
/ IS and recent IE regulation Act at site.
c)Land for labour colony shall not be made available at site of works. Contractor at his own cost shall make his own arrangement for Site Office, Labour camp / colony outside the
owner's premises and also maintain the same at his own cost. Quoted rates are deemed to be inclusive of such expenses and related incidental expenses.
12.STATUTORY OBLIGATIONS:
a)You will be responsible to observe all the statutory obligations and other regulations stipulated under the Contract Labour (Regulation & Abolition) Act, Minimum Wages Act as
per highest value of central/state, Workmen's Compensation Act, Employees Provident Fund & Miscellaneous Provisions Act and any other laws applicable to the company,
contractor and the person employed under this contract by the contractor. Contractor has to provide the FORM 3 on Quarterly basis, declaring all the purchase details.
b)The safety provisions specified in the Factory act 1948 are applicable to you and you are liable for their implementation. You shall strictly adhere to all safety norms and you
have to nominate a representative exclusively to take care of safety.
c)Company shall, in no event, be liable in any respect for loss of life, accident and/or other hazards during the working period. As a statutory requirement, the Supplier shall cover
the Technicians under the ESI and PF and all necessary details shall be submitted to the Company as and when requested.
d)The Supplier, at all times, shall comply with all relevant laws, regulations, ordinances and rules having the force of law in the Country.
e)You will take care of all the statutory obligations, viz. ESI & PF towards your employees and any taxes concerning your employees levied by the State Government and to
give evidence of payments on monthly basis to us or in case of your failure to do so we will deduct the same and pay on your behalf to State Government.
f)In the event of any lapse on your part in the fulfilment of the statutory obligations, consequent to which we shall be required to pay any damages or penalty to the authorities,
such expenses shall be fully recovered from the amounts due to you.
g)The Contractor, at all times, shall comply with all relevant laws, regulations, ordinances and rules having the force of law in the Country.
13. GENERAL:
a)You shall employ experienced and qualified person to supervise, look after, execute, carryout and complete the work hereby awarded to you.
b)The materials, designs and workmanship shall satisfy the relevant Indian Standard, the job Specifications contained herein and codes referred to where the job specification
stipulate requirements in additions to those contained in standard codes and specification and those additional requirements shall be satisfied.
c)All tools & plant and machinery brought to site as per requirement of PGCIL /TBEA shall be in perfect working order and preferably in new condition and is included in this P.O.
d)All prospective contractors must note that safety, cleanliness and hygiene standard as required shall be mandatory and strictly followed without claiming any extra cost.
e)You shall ensure and check prior to commencement and completion of your work that all the work at site, as may be required for you to commence and/or complete your scope
of work, are ready and/or validated in accordance with the requirements and therefore, you shall coordinate and cooperate with the Contractors as well TBEA employees, who are
working at site, to check and ensure such completion of work well in advance.
f)No work shall be considered complete without the approval & certifications of TBEA and PGCIL concerned officials.
g)You shall make yourself fully conversant with our/PGCIL rules, regulations, orders, prohibitions, and ground rules in force from time to time in respect of discipline, entry into,
exit from and of working within our site and will ensure and enforce their strict observance and adherence by you and your employees, labourers, agents and
sub-contractors. In case of any breach of or failure to observe or adhere to any such rules, regulations, orders, prohibitions or ground rules, we shall be entitled to take such
disciplinary or other action as we may deem necessary, fit or proper and you will liable for any loss, damage or injury caused as a result of such breach or failure.
h)In case of any accident, death, of your labour of personnel, or theft of material, equipment etc., you shall book the FIR at Police Station & follow up at your cost, TBEA will
provide administrative assistance only.
i)Material supply at our line store up to 5 point, However actual address of each store is required to be furnished from your end in advance for easy coordination. Watch & ward of
stores will be at your scope.
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
"The parties shall seek recourse to the exclusive jurisdiction of the competent courts at Vadodara solely for the purpose of compelling compliance with the above arbitration
provisions and the enforcement of any award made in accordance with the above provisions.
17.PO ACKNOWLEDGEMENT :
Your PO acknowledgement should reach to us within 5 working days after receipt of our PO, failing which it will be deemed as an unconditional acceptance of all terms &
conditions including content in the PO.
In case of any conflict between the terms of this PO and the said General standard terms and conditions (annexure C), the terms of this PO shall supersede the standard terms
and condition.
Note:
Consider Annexure -A for detailed scope of work and price breakup (with and without supply of cement and steel) as a part of the PO.
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
ANNEXURE C
STANDARD COMMERCIAL TERMS AND CONDITIONS
1. GENERAL:
The contract shall be deemed to be entered into upon acceptance of Purchase Order or Work Order, as the case may be, placed by the Company,
containing details of the services or materials.
2. ENTIRE AGREEMENT:
This Contract supersedes and invalidates all the commitments, representations, understandings and agreements between the parties relating to the
subject matter hereof, and sets for the entire agreement and understanding between the parties hereto relating to the subject matter hereof. No party has
relied on any representation, arrangement, understanding on agreement whether written or oral, nor expressly set out or referred to in this agreement.
3. CONSIDERATION AND TERMS OF PAYMENT:
Prices, taxes and payment terms shall be governed in accordance with the Purchase Order or Work Order, as the case may be, placed by the Company.
4. TRANSFER OF OWNERSHIP:
The transfer of ownership is deemed to have taken place as soon as material is accepted by the Company. Notwithstanding anything contained herein,
the Supplier's liability shall expire only upon completion of Defect Liability Period as may be described herein these terms.
5. INSURANCE:
The prices, so described in the Purchase Order or Work Order, as the case may be, are inclusive of applicable insurance (all forms and types of
insurance coverage) unless otherwise expressly stated in the Purchase Order or Work Order.
6. DELIVERY TIME:
The delivery time shall be stipulated in the Purchase Order or Work Order. The stipulated delivery period shall be adhered in strictly except in case of
force majeure conditions or as may be specified herein these terms & conditions. In case any changes are made in the specifications after issuance of
Purchase Order or Work Order, delivery period will be extended by such time as may be decided by the Company at that time. Consequently, any price
implication due to this extended delivery and/or completion period shall be paid at the sole discretion of the Company. Further, the time required for
inspection formalities, if any, and arranging delivery are included from the quoted delivery and/or completion period. Notwithstanding anything contained
herein, stipulated delivery and/or completion time shall be extended on actual basis in case of any delay only due to any reason that is attributable to the
Company or even due to occurrence of force majeure conditions.
7. PENALTY:
Any delay attributed to the Supplier beyond agreed date of delivery will attract Penalty at the rate so mentioned in the Purchase Order or Work Order.
However, in case of any delay for the reason not attributable to the Supplier or even, force majeure conditions, the provision of penalty shall not apply.
Levy of Penalty shall be an independent to the other remedies available to the Company and will not be considered as the sole and exclusive remedy.
8. INSPECTION/ TESTING:
Routine tests and/or inspection shall be carried out according to the standard practice of the Company as an essential process of quality assurance and
may be witnessed by the Company's representative, if agreed to at the time of order or even at subsequent stage. Company's inspection personnel shall
have the authority, and issue inspection certificate and dispatch clearance, in case of material, upon completion of inspection and any defect in service or
material shall entitle the Company to reject the same without incurring any liability.
8.1 TEST/ TEST REPORTS:
The supplier has to conduct all the tests mentioned in the MQP below and submit the test report mentioning all the parameters in the report.
9. DISPTACH INFORMATION:
Upon request of the Supplier, the Company will give clear dispatch information indicating the destination, CST/LST registration number, Road permit,
wherever it is applicable.
10. WARRANTY:
1. Supplier shall replace, free of cost, the whole or any portion of material/ equipment which under normal and proper use and maintenance proves
defective in material and/ or workmanship within 12 months from the date of commissioning or 18 months from the date of delivery of material at
Company's Site at Karjan whichever is earlier or as may be provided in Purchase Order or Work Order.
2. Such replacements will be effected within thirty (30) days from the date of such intimation or as per the timeline as may be agreed by the Company
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
and such replacement shall carry further Warranty period pursuant to sub clause 1 of clause 10.
3. Further warranty, pursuant to sub clause 2 of clause 10, will not be applicable in case of:
(a) Material failure due to misuse in handling
(b) Material being repaired/ rectified/ tampered without supplier's prior permission during warranty period for no negligence attributable to the
Supplier.
(c) Material or part of material is subject to normal wear and tear.
11. PERFORMANCE:
The material offered shall perform satisfactorily within the guaranteed environmental/ power supply conditions as mentioned in an offer of the supplier. If
the material malfunctions, the supplier shall be liable for all the damages caused by the same on actual basis. For safe and optimum use of the material
supplied, supplier shall provide the instructions as operations and maintenance manual along with impartation of necessary training, if at all required in
the opinion of the Company.
12. LIMITATION OF LIABILITY:
The liability of the Supplier shall not exceed total contract value as may be mentioned in Purchase or Work Order however, the limitation shall not be
applicable in case of negligence and/or warranty and/or any other clause as may specifically exclude the limitation of liability of the Supplier and shall in
no event the Company and the Supplier are responsible for any indirect damages include damages for loss of profit, loss of revenues, loss of power, loss
of use, costs of capital under this contract, tort or even otherwise. It is further declared that an aggregate liability of the company under this PO or WO, as
the case may be, or tort or even otherwise shall not exceed 10% of total payment made to the supplier.
13. TERMIANTION:
The Company, by written notice to the Supplier, may terminate this Purchase Order or Work Order, as the case may be, in whole or in part, at any time
for its convenience. The notice of termination shall specify that termination is for the Company's convenience, the extent to which performance of the
Supplier under the Contract is terminated and the date which such termination becomes effective.
If the Supplier is not executing the work in accordance with the Purchase Order or Work Order, as the case may be, or is neglecting to perform his
1.
obligations there under so as seriously to affect the programme for carrying out of the Works, the Company may give notice to the Supplier requiring
him to make good such failure or neglect.
2. If the Supplier:
(a) has failed to comply within a reasonable time with a notice under Sub-clause 2 of this clause, or
(b) assigns the work or subcontracts the whole of the Works without the Company's written consent, or
(c) becomes bankrupt or insolvent, has a receiving order made against him or compounds with his creditors, or carries on business under a receiver,
trustee or manager for the benefit of his creditors or goes into liquidation
(d) violates or acts in contravention with any of the terms of this Purchase Order or Work Order;
3. The Company may, after giving 15 days' notice to the Supplier, terminate this Purchase Order or Work Order.
4. Any such termination shall be without prejudice to any other rights or powers of the Company under this Purchase Order or Work Order, as the case
may be.
5. The Company may upon such termination complete the Works itself or by any other Supplier at the sole cost of the Supplier.
6. The Company shall, as soon as possible after such termination, certify the value of the scope completed by the Supplier and all sums that are due to
the Supplier as on the date of termination completed till the date of Termination of this Purchase Order or Work Order, as the case may be.
7. The Company shall not be liable to make any further payments to the Supplier until the scope of work, as stated in this Purchase Order or Work
Order, as the case may be, has been completed. When the scope is fully completed, the Company shall be entitled to recover from the Supplier the
extra costs, if any, for completing the left out scope.
14. ARBITRATION:
Any dispute shall be tried to settle amicably by both the parties. If not settled within thirty (30) days from the date of such reference for an amicable
settlement, the dispute shall be referred to the panel of arbitrators consisting of total 03 arbitrators, wherein one arbitrator shall be appointed by the
Purchaser, another by the Supplier and the third presiding arbitrator shall be appointed by two appointed arbitrators. The decision of the arbitrators shall
remain final and binding for both the parties and award shall promptly be paid. Procedural law shall be the Indian Arbitration & Conciliation Act, 1996 and
any of its subsequent modification thereof. Venue of the arbitration shall be at Vadodara and courts of Vadodara shall have an exclusive jurisdiction.
15. FORCE MAJEURE:
If at any time during the continuance of this contract, the performance, in whole or in part, of any obligation under this contract shall be prevented or
delayed by any reason or occurrence of event of force majeure which may include any war (whether declared or otherwise), hostility, acts of the public
enemy, civil commotion, sabotage, fires, floods, explosives, earthquake, epidemics, quarantine restrictions, strikes, labour disputes, lockouts, compliance
with regulations, orders or instructions of any central, state or municipal government or agencies thereof, any acts of God, then provided notice of the
happening of any such eventuality is given by the supplier to the Company within three (03) days from the date of eventuality, the suitable extension of
delivery time shall be granted by the Company however extension of such time shall be the sole discretion of the Company. Such period of suspension of
contract shall be extended to perform the contractual obligations without imposing any liability of Penalty.
16. INDEMNIFICATION:
The Supplier, at every juncture shall indemnify the Company, on arm length basis without any limitation of liability, against any loss, claim, action, suit or
damages or whatsoever that may arise out of any bodily injury or death of any of the employees of the Company or the Supplier or any third party and
damage to the property of the Company or any third party or any other person due to any negligence or absence of due and appropriate care ensured by
the Supplier or its employee or any person deputed by the Supplier on its behalf to accomplish the Scope of Work, as enumerated in the Purchase Order
or Work Order, as the case may be. Further, the Supplier shall also indemnify the Company against all actions, claim or suit as may be arising due to
claim of infringement of any Intellectual Property Right including but not limited to Patent, Trade Marks, Design etc., notwithstanding anytime limit
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
1. The term "Company" and/or "Purchaser", if mentioned herein these terms, shall mean TBEA Energy (India) Private Limited, a company incorporated
under the provisions of the Indian Companies Act, 1956 having its Registered Office: "TBEA Green Energy Park, National Highway No. 8, Village -
Miyagam, Karjan, Gujarat - 391 240, India.
2. The term "Supplier" shall mean and include the seller and/or supplier of any material including but not limited to any equipment and/or a contractor for
civil work or even service provider, as the case may be, so mentioned in the Purchase Order so placed by the Company.
3. The term "Party" shall mean either the "Company" or the "Supplier".
4. The term "Parties" shall mean both the "Company" and the "Supplier".
5. The term "PO" or "WO" or the "Purchase Order" or "Work Order" shall mean an order placed by the Company on the Supplier to procure any service
and/or equipment and/or any material.
6. In case of any discrepancy in meaning of any of the words/phrases, interpretation of the Company shall be final and binding on the Supplier
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com
Purchase Order Date : 07-OCT-17 Address : B 602 PLOT NO 12B SHREE GANESH APPARTMENT
PAN No : AARPS5278H
TAN No :
Telephone: (+91) - 2666 - 660000 Fax No. : (+91) - 2666 - 660002 www.tbeaindia.com