Professional Documents
Culture Documents
BHUBANESWAR
India
751021
Sub: Quotation for supply of Ready Mix RMC at your project site (s) located at (Project Site).
Pursuant to our discussion, please find herewith our quotation for supply of Ready Mix RMC
(“RMC”) from our ready mix concrete plant to your Project Site. The description of RMC and rates
for supply of RMC shall be as under :
Product Grade Quantity in Net Rate Total GST Gross Price Total Price
cum (Rs/cum) Rs/cum Rs/cum
Standard M25 1,500 ₹ 4,322.03 ₹ 777.97 ₹ 5,100.00 ₹
76,50,000.0
0
Additional Comments
PAYMENT TERMS - 100% ADVANCE.
Note :
1. Pumping charges will be extra Rs. per Cum.
2. This Quotation will be valid till 14 Jan, 2023.
3. For any additional quantity requirement of RMC over and above the quantity mentioned in this
Quotation, a fresh purchase order will be issued basis revised quotation.
4. This Quotation shall be governed by the standard terms and conditions, enclosed herewith. These
terms and condition shall form part of this Quotation and shall form a binding agreement for
supply of RMC to you.
5. All further communications to be exchanged by and between the parties should contain unique
Quotation Number mentioned hereinabove.
Thanking you,
Yours faithfully,
For Nuvoco Vistas Corp. Ltd.
Name:
Enclosed: Standard Terms &
Conditions
1.1 Definitions
1.1.1 “Agreement” shall mean the Quotation along with these Standard Terms and
Conditions, which shall form an integral part of this Agreement;
1.1.2 “RMC” ” shall mean the ready mix concrete or any variant thereof or any
other product similar or akin to the ready mix concrete manufactured by
Nuvoco
1.1.3 “Applicable Laws” shall mean any act, statute, ordinance, governmental
order, policy, notification, rule, regulation, decree, judgment, ruling,
injunctions, licenses, permits, approvals, authorizations, consents, waivers,
privileges and agreements of any Governmental Authority having jurisdiction
over the relevant matter as such are in effect as of the date hereof or as may be
amended, modified, enacted or revoked from time to time hereafter;
1.1.4 “Month” shall mean English calendar month;
1.2 Interpretation
1.2.1 Any reference herein to any Clause, Annexure, Schedule or Exhibit is to such
Clause or Annexure or Schedule or Exhibit to this Agreement unless the
context otherwise requires. The Schedules, Annexures and Exhibits to this
Agreement shall be deemed to form part of this Agreement.
1.2.2 References to a Party shall, where the context permits, include such Party’s
respective successors, legal representatives and permitted assigns and in the
case of individuals will include their legal representatives, heirs and permitted
assigns.
1.2.3 The headings are inserted for convenience only and shall not affect the
construction of this Agreement.
1.2.4 Unless the context otherwise requires, words importing the singular include
the plural and vice versa, and pronouns importing a gender include each of the
masculine, feminine and neuter genders.
1.2.5 The terms “hereof”, “herein”, “hereby”, “hereto” and derivative or similar
words refer to this entire Agreement or specified Clauses of this Agreement, as
the case may be.
1.2.9 The words “directly or indirectly” mean directly or indirectly through one or
more intermediary Persons or through contractual or other legal arrangements,
and “direct or indirect” shall have the correlative meanings.
2 Scope of Work:
2.1 Customer shall raise purchase order for the required quantity and type of grade of RMC.
Upon receipt of the purchase order Nuvoco shall supply required type and grade of RMC
at the Project Site of the Customer.
2.2 It is understood and agreed by the Customer that the scope of work of Nuvoco shall
NOT include spreading, vibrating, leveling, finishing, curing etc. of RMC, which shall
be performed by Customer only.
2.4 Nuvoco may, upon request of the Customer, provide specialized help or advice at
additional nominal charges for the placement of RMC. Nuvoco shall not be held
responsible for the strength of the RMC, if the instructions given by Nuvoco for the
placement of the RMC are not complied with by the Customer.
2.5 The schedule for supply of RMC at the Project Site shall be communicated to Nuvoco by
the Customer in writing at least 48 (Forty Eight) hours in advance to avoid any delay in
supply.
3 Mix Design:
3.1 Nuvoco’s RMC mix design is based on IS: 456-2000, IS10262 and other relevant
International standards & norms.
3.2 Nuvoco has considered usage of locally available raw material as per respective IS &
International standards & norms.
3.3 Nuvoco is using mineral admixture as per provision of IS: 456, ASTM C1697-18, BS EN
197, BS8500 and ACI 233 R-6 reccomendation.
3.4 Interblending of all input materials, for arriving at the best possible mix design shall,
unless otherwise agreed to the contrary in writing, be in the scope of Nuvoco.
4 Testing
4.1 The RMC manufactured at Nuvoco ready mix RMC plant (“Plant”) shall be subject to
regular testing confirming to the requirement of IS 456 & IS 516 at fully equipped
laboratory at the Plant to ascertain the strength of the RMC on 7th day and 28th day of
the placement of RMC at the Project Site. The concrete sample and cube casting will be
done at the Plant and also an additional sampling and cubes will be casted at the Project
Site as per IS 456 and compressive strength will be tested. If Customer desires, its
representatives can witness specimen sampling at the Plant from the consignment prior to
its delivery to the Project Site. The compressive strength of cubes tested at the Plant shall
be final and binding on both parties. The test certificates will be provided to the
Customer by way of an e- mail. The hard copy will be sent to Customer’s office only
upon request by the Customer in writing.
4.2 Any objection in the quality/quantity of RMC supplied in a lot shall be intimated to
Nuvoco by the Customer in writing within 24 (twenty four) hours of delivery of RMC at
the Project Site failing which Nuvoco shall not be liable to entertain any such complaint.
4.3 Any complaint regarding the strength of the RMC supplied shall be intimated in writing
to the Plant Manager within 30 (thirty) days of such supply of RMC, failing which,
Nuvoco shall not be liable to entertain any such complaint.
5.1 The quantity of RMC dispatched from the Plant will form the basis for measurement and
invoicing. The Customer shall ensure that an authorized person at Project Site signs the
GST Invoice as proof of delivery of RMC and hand over the same to the driver of the
transit mixer. The acknowledgement given by the representative of the Customer at the
Project Site shall be final proof of the quantity of the RMC delivered at the Project Site.
Customer shall be liable to pay for the invoiced quantity of RMC as mentioned in the
purchase order raised by the Customer.
6 Transport:
6.1 The RMC will be transported in the transit mixer vehicle, maintaining the slump / flow
parameters as per requirement, in a plastic condition, from the Plant to the Project Site of
the Customer. Nuvoco shall not be liable for any consequences in the event of any delay
by the Customer in utilizing the RMC beyond the initial setting time of the concrete as
per mixed design.
6.2 The quantity of any consignment of RMC as recorded by the Nuvoco upon dispatch
from the Nuvoco Plant shall be conclusive evidence of the quantity received by the
Customer on delivery unless the Customer can provide conclusive evidence proving the
contrary.
6.3 The Company shall not be liable in respect of any loss or damage whatsoever arising in
transit or from non-delivery of RMC howsoever caused unless notice in writing of the
same is given to Nuvoco within one working day of the date when RMC was received or
would in the ordinary course of events have been received.
6.4 Any liability of Nuvoco for non-delivery of RMC shall be limited either (at Nuvoco’s
sole discretion) to replacing RMC within a reasonable time or issuing a credit note at the
pro rata contract rate against any invoice raised for such RMC or payment to the
Customer of any sums received pursuant to any contract of insurance provided by the
carrier
7.1 Pumping: Pumping Charges will be extra to be borne and paid by Customer.
7.2 In case any pour of RMC at the Project Site is less than 30 (thirty) cubic meter,
additional charges @ Rs. ₹ 0.00 ()will be paid by the Customer as mobilization charges.
Where the desired location of delivery of RMC is at a height above 30 meter, additional
charges @ Rs 5/- per cubic meter shall be applicable.
7.3 Cement slurry, if required, will be charged extra @ Rs.3000/- per cubic meter.
7.4 Any impact in the prices basis variation in the prices of diesel and raw materials will be
mutually discussed and revised price shall be arrived mutually.
7.6 All payments shall be made by Accounts Payee cheque/Demand Draft/RTGS drawn in
favor of “Nuvoco Vistas Corporation Limited”
7.7 Additional Charges: Part load charges shall be applicable for individual deliveries less
than 6.0 m3 @ Rs 300/- for each under load of 1.0 m3, unless it is the finish off quantity
for a larger RMC pour. For example if an order is placed for the quantities noted below
the corresponding additional charges will apply.
7.8 In case the transit mixer is detained for more than 60 (sixty) minutes after reporting at
the Project Site, detention charges @ Rs.110/- (Rupees one hundered ten only) per cubic
meter for every 30 (thirty) minutes over and above 60 (sixty) minutes shall be payable by
the customer.
7.9 Taxes: The rates are exclusive of GST prevalent at the time of this Agreement. Taxes
will be as applicable as prevalent at the time of invoice. Any other local taxes, levies,
octori, cess, toll charges etc. as applicable at the time shall also be borne by the
Customer.
7.10 Setoff and Counter Claim: Customer may not withhold payment of any invoice or any
amount due to Nuvoco by reason of any right to set off or counter claim which the
Customer may have or allege to have or for any reason whatever.
8 Local Problem:
8.1 All traffic problems, liasoning with government authorities etc. will be taken care by
Nuvoco. If any transit mixer or pump is released from the Project Site during no-entry
time, responsibility for arranging smooth passage of the same shall be upon Customer.
9 Safety:
9.1 The customer shall provide clear and unhindered (including suitable ground condition)
access way for the transit mixer, keep good housekeeping of the work area, necessary
scaffolding and safe working conditions for workmen of Nuvoco at the Project Site. This
will facilitate in smooth, safe & uninterrupted concreting.
9.2 It is strongly advised to follow a safe working pattern / safety standards while
Concreting at Project Site. Movement should be restricted around transit mixers and
RMC pumps while in operation. No person should be directly in line of discharge of
RMC from pump. There should be at least a distance of 3 meters for human activity in
the vicinity of RMC pipeline. In case of mobile pumping, no unauthorized person should
Unless otherwise agreed in writing the moment when the risk in the RMC shall pass shall be
determined as follows:
10.1 On a “sale delivered” the risk shall pass from Nuvoco to the Customer when the RMC
are dispatched by Nuvoco.
10.2 On a sale “ex- works” the risk shall pass from Nuvoco to the Customer when RMC have
been placed at the disposal of the Customer;
10.3 Where Nuvoco scope of work includes any pumping/other work at the Project Site, risk
in the RMC shall pass from Nuvoco to the Customer on delivery of the RMC to the
Project Site
10.4 In case the customer has paid the price for RMC in advance, then, in such case, the title
to the RMC shall pass to the customer, on delivery. Notwithstanding delivery and passing
of the risk in the RMC supplied by Nuvoco to the Customer pursuant to clause 11 hereof
the property and title in the RMC shall not pass to the Customer and shall remain with
Nuvoco until Nuvoco shall have received in cleared funds payment in full of the price of
the RMC and all other goods agreed to be sold by the Company to the Customer for
which payment is then due.
11 Cancellation
Orders placed by the Customer cannot be cancelled in whole or in part except with the Nuvoco’s
consent in writing and on the terms that the Customer shall pay for the RMC in full unless
Nuvoco agrees otherwise in which event the Customer shall be liable for all costs, expenses and
losses of any kind suffered or incurred by Nuvoco resulting directly or indirectly from such
cancellation.
12 Force Majeure:
12.1 Nuvoco shall not be liable for any claims for loss, damage or compensations etc arising
due to delay in or failure to supply RMC due to any force majeure event including but
not limited to impending or actual wars, riots, uprisings, insurrection, floods, storms,
earthquakes, strikes, lockouts, labour disputes, picket lines (legal or illegal, embargo,
restrictions, prohibits imposed by any rules, regulations, requisitions or orders of the
Government, Local Authority or any other Statutory Authority, shortage of labour or
materials or non-delivery by Nuvoco suppliers or damage or destruction of whole or part
12.2 In the event of the performance of any obligation accepted by Nuvoco being prevented,
delayed or in any way interfered with for any cause and/or reason whatsoever beyond the
control of Nuvoco including but not limited to:
a. Force Majeure Event;
b. Any failure by the Customer to comply with any of the terms and
conditions hereof; or
c. Any request or instruction of the Customer, his servants or agents
Nuvoco, may at its option suspend performance or cancel its obligations under the contract
without liability for any damage or loss of any kind whatsoever resulting therefrom such
suspension or cancellation being without prejudice to Nuvoco’s rights to recover all sums
owing to it in respect of RMC delivered at the date thereof including but not limited to loss of
profit and interest.
14 Disclaimer of Warranties
15 Customer’s Risk
When the Customer directs Nuvoco’s transit mixers, pump, equipment to enter the property or
operate in proximity to, over, or through property improvements, structures, fixtures, overhead
obstruction, etc. Customer assumes all risk and liability for and indemnifies Nuvoco, Nuvoco’s
agents, and Nuvoco’s operators against all claims, suits, actions, penalties, expenses, and
16 Limitation of Liability:
Nuvoco’s maximum liability arising out of or in connection with performance of terms of this
Agreement for supply of RMC, for any reason whatsoever, shall in no event exceed 1/5th of
the total amount of any invoice paid to Nuvoco under this Agreement. In no event, Nuvoco
shall be liable for loss of profit, goodwill, business or any other direct or indirect consequential
loss punitive or exemplary damage whatsoever or any other causes of action for damages of
whatsoever kind, nature, or description either in contract or in tort against Nuvoco, its
affiliates, predecessors and successors in interest including, but not limited to, Nuvoco’s
owners, directors, officers, agents, employees, servants, shareholders and their personal
representatives, agents, and assigns, as well as its insurers.
17.1 This Contract shall come into existence on the date of the issuance of the Purchase Order
and shall expire upon the supply of the last batch of the RMC in accordance with the
schedule mutually agreed between the Parties. Notwithstanding the expiry and/or
termination of the Agreement, the obligation of the Customer with respect to payment
shall survive such expiry and/or termination.
17.2 The Company shall have the right to terminate this contract forthwith on the occurrence
of any of the following events:-
17.3 If this Clause applies then, without prejudice to any other right or remedy available to
Nuvoco, Nuvoco shall be entitled to cancel the contract or suspend any further deliveries
under the contract without any liability to the Customer, and if any RMC have been
delivered under any contract between Nuvoco and the Customer but not paid for, the
price shall immediately become due and payable notwithstanding any previous
18 Conflict of Terms
In the event of any conflict or inconsistency between the terms of this Agreement and any other
purchase order or documents and communications exchanged by and between the Parties, the
terms of this Agreement shall prevail.
The Agreement and all the documents executed under and in relation to this Agreement shall
be governed in accordance with the laws of India. Unless otherwise required by law, the Courts
and tribunals of Mumbai shall have an exclusive jurisdiction to settle any dispute arising out of
or in connection with this Agreement.
20 Severability
If any portion of this Agreement or the application thereof to any person or circumstance shall be
held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall
be enforced to the greatest extent permitted by law.
Annexure-A
DON'Ts
The spacing between electrical conduits shall not
be too close. The concrete will not fill the gaps
effectively and may result in leak or crack.