KIOCL
LIMITED
II
BLOCK, KORAMANGALA, BANGALORE-560034
GENERAL TERMS AND CONDITIONS OF SALE BY TENDER/E-AUCTION
1.0
DEFINITIONS
As used herein and any Contract documents, the following words shall have
the following meanings.
1.1
"BUYER" shall mean the successful tenderer for the purchase of any
materials, produced in owner’s Blast Furnace
and/or supplies as per the Contract, and shall be deemed to include his
successors (approved by OWNER)
representatives, heirs, executors and administrators, unless otherwise excluded
by the Contract.
1.2
“CONTRACT" shall
mean and include the invitation to Tender, Instruction to Tenderers, the Tender,
the General Conditions, the specifications, special Conditions, if any, and the
acceptance of Tender /Sale Order issued by OWNER all in respect of supply and
delivery of materials, and also include any agreement if and when signed by and
between OWNER and BUYER and includes subsequent changes/amendments, if any.
1.3
"INVITATION
TO TENDER", shall include the instructions to tenderers, the general
conditions etc.
1.4
“OWNER/SELLER"
shall mean KIOCL Limited- Blast Furnace Unit, having its registered
office at II Block, Koramangala, Bangalore, Karnataka.
1.5
"TENDERER"
shall mean the person firm or body corporate submitting a Tender against the
invitation to Tender and shall include his/its/their executors, administrators,
legal representatives successors and permitted assignees.
1.6
"TENDER" shall mean the formal quotation submitted by a
tenderer proposing to purchase the materials mentioned in the invitation to
Tender issued by OWNER.
2.0
AUTHORITY
OF PERSON SIGNING DOCUMENTS
2.1.
A person signing the Tender or any other documents forming a part of the
Contract on
behalf of another shall be deemed to warrant that he has authority to
do so and shall give
satisfactory evidence of his authority.
3.0
GENERAL TERMS:
3.1
Subject to the reserve prices, if any, fixed by the owner for the materials or
persons duly authorized in this regard (hereinafter called the Authorities) and
on the terms and conditions hereunder, sale shall be made to the highest
tenderer on “As-is-where-is basis” and
on “No complaint basis”.
4.0
EARNEST MONEY DEPOSIT:
4.1
The Tender offer should be accompanied by Earnest Money Deposit based on
the amount of bid as mentioned hereunder (excluding taxes and duties) in the
form of Demand Draft / Pay Order on any Nationalised / Scheduled Bank in favour
of M/s. KIOCL Limited- BFU payable at Mangalore.
|
In
case of bid amount upto approx Rs.10,000/- |
Full
bid amount or Rs. 2,500/ whichever is less. |
|
In
case of bid amount approx Rs.10,001/- upto 1,00,000/- |
20%
of the bid amount or Rs. 10,000/- whichever is higher. |
|
In
case of bid amount approx Rs.1,00,001 /- to Rs. 3,00,000/- |
Rs.
25,000/- or 20% of the bid amount whichever is higher. |
|
In
case of bid amount approx Rs.
3,00,001/- upto Rs. 15,00,000/- |
Rs.
50,000/- or 15% of the bid amount whichever is higher. |
|
In
case of bid amount is above Rs.15,00,001 /-
|
Rs.
2,00,000/- or 10% of the bid amount whichever is higher subject to a
maximum of Rs 20,00,000. |
4.2
P O / D D issued by any
Co-operative Bank will not be accepted.
4.3
TENDERERS SHOULD NECESSARILY DEPOSIT SEPARATE EMD FOR EACH CATEGORY SO AS
TO FACILITATE REFUND OF EMD FOR UNSUCCESSFUL LOTS QUICKLY.
5.0
SUBMISSION OF TENDER/ OFFERS:
5.1.
Tender should be submitted by the tenderers in the enclosed proforma or
in their Letterhead indicating the category
of material, quantity and rates / prices (In words and Figures), exclusive of
taxes and duties. The tenderers may
quote their price for the categories of
their choice and should be in figures and in words. In case of any variations
between the rates in figures and words, the rate expressed in words will
be taken as the correct rate.
NOTE:
The quantity, weight, quality, measurement and condition of the materials
indicated are all approximate. Participation and bidding by any one in this sale
shall be treated as conclusive evidence of the fact that the party has inspected
the materials offered for sale and satisfied himself in all respect regarding
quantity, quality, measurement, weight and condition of materials, taxes and
duties, local working condition and other extraneous factors and principle of
“Caveat Emptor” (let the buyer beware) will apply.
5.2 The tenders should be submitted in a sealed cover, which should be superscribed with the words “KIOCL LIMITED- BFU/TENDER/ FOR -------------- MATERIAL”
5.3
The sealed covers should be dropped only in the Tender box kept in the
Office of the Authorized Officer. M/s. KIOCL LIMITED- BFU will not be
responsible for any loss / delay in postal / courier transmission of the tenders
which are not found in the Tender Box at the time of opening
5.4
It will be deemed that the tenderers before submitting their tenders have
obtained all the necessary information required by them and got clarified all
points / doubts if any and also accepted all the terms and conditions.
NOTE: NO
TENDERS WILL
BE ACCEPTED
AFTER THE
TENDER CLOSING TIME.
6.0
VALIDITY:
6.1
The tenderers must keep their offers valid for a period of 30 (Thirty)
calendar days from the due date for opening the Tender which may be extended for
any further period of time as may be mutually agreed upon by KIOCL LIMITED- BFU
and the Tenderer.
7.0
CONDITIONS:
7.1
KIOCL LIMITED- BFU gives assurances for the quality, chemical composition
of each individual items in the categories wherever
available and doesn’t give any warrantee or guarantee about the “End
Use” or fitness for a particular purpose.
8.0
PAYMENT OF BALANCE AMOUNT:
8.1
Unless
otherwise specified in the tender conditions, full payment for the material
along with applicable Taxes and Duties shall be made before taking delivery of
the material which shall not be later than 30 days
from the date of issue of sale order.
8.2
Wherever full payment for the quoted quantity is not required to be made
initially, the EMD will be adjusted only in the last installment.
8.3
The payment in the form of Demand Draft / Pay Order drawn in favour of
M/s. KIOCL LIMITED- BFU payable at Mangalore must be deposited in the Office of
Authorized Officer.
8.4
P Os / D Ds issued by any Co-operative Bank will not be accepted.
8.5
In case, the last day of payment happens to be a closed Holiday or the
Holiday for Banking Institutions, the next working day will be taken as the day
for payment without late payment charge.
8.6
In case of default in making the above payment within the time limit
specified, the buyer shall be liable to make the payments together with
additional charge at one percent per week or part thereof on the balance
material value, within a period of 21 (Twenty One) Calendar days from the date
of the expiry of the free-payment time. Thereafter the EMD amount shall
automatically be forfeited and additional deposit if any will be refunded to the
bidder.
9.0
INCOME TAX DEDUCTION AT SOURCE:
9.1
Taxes, dues, levies etc as applicable from time to time shall be payable
by the buyer and the same shall be deducted at source.
10.0
SALES TAX:
10.1
Sales tax shall be paid extra over the price quoted alongwith the full
balance payment for issue of Delivery Order.
Such taxes as are assessed by the Sales Tax Authorities at the time of
lifting of material shall be binding on the bidders for making payments.
And dispute, if any, shall be taken up directly by the bidders with the
Statutory Authorities.
10.2
‘C’ form will be accepted as per the provisions of the relevant Sale
Tax Act.
11.0
EXCISE DUTY :
11.1
The price quoted by the bidders shall exclude Central Excise or any other
duties and shall be paid extra as prevailing at the time of delivery.
The rates assessed by the Excise Authorities shall be final and binding
on the bidder. The disputes if any,
shall be taken up directly by the bidders with the Statutory Authorities.
NOTE:
ANY VARIATION IN THE TAXES & DUTIES WILL BE TO THE BUYER’S ACCOUNT
12.0
DELIVERY SCHEDULE FOR MATERIALS:
12.1
The buyer shall lift the materials lying in the lots within the time
stipulated in the terms and conditions of the contract.
13.0
GROUND RENT:
13.1 In case of any default in lifting the materials by the buyer (s) within the time limit specified in the Sale Order / Contract, the outstanding materials shall be lifted within 5 (Five) weeks by payment of ground rent @ 1% of the value of the material per week or part thereof for such defaulted period beyond the specified delivery period as stipulated in the Sale Order.
13.2
The extra time duration may be provided for lifting the material in
special cases which will be generally notified in the tender paper.
14.0
FORFEITURE OF SALE VALUE:
14.1
In case, the whole or any part of the goods sold remain uncleared, even
after the period stated in the delivery schedule, the buyer shall have no claim
whatsoever on the material remaining uncleared and the amount paid to owner will
stand forfeited. At the expiry of
the said period owner shall have the right to disposal of such material.
The buyer shall have no right whatsoever to any compensation. If the
amount realized is less than the contract value owner shall have the right to
recover the difference from the buyer.
15.0
DELIVERY OF THE MATERIALS:
15.1
For taking delivery, buyers must report by 9.00 AM on working days in the
Office of authorized officer, KIOCL LIMITED- BFU, Mangalore. In case the last
day of delivery happens to be a Closed Holiday for owner, the next working day
will be taken as the last date of lifting without any ground Rent. Buyers
must produce the sale order issued by owner at the time of taking delivery of
the materials.
15.2
Trucks engaged by the buyers must carry all relevant and valid documents
(RC books, Insurance Cover, Emission Certificate, Drivers License etc.) issued
by the concerned authorities in the absence of which, owner may refuse the
permission for entry to the KIOCL LIMITED- BFU work premises.
15.3
Buyers are advised in their own interest to take appointment with the
owner before placement of vehicles for taking delivery of the materials
purchased by them within the scheduled date of delivery. The Buyer at his own
cost will make his own arrangement for transporting the material from owner’s
premises and he will not be entitled to claim any facility or assistance or cost
on this account from owner.
16.O
SHORT DELIVERY OF MATERIAL:
16.1
In the event, stipulated / estimated quantity of material is not
available for delivery, owner shall refund the amount received from the bidder
on “Pro–rata basis”. No claim shall be entertained by owner for loss of
profit, damage or interest.
16.2
In case the buyer himself is not taking the delivery of the material, he
may appoint a representative for taking delivery of the material on his behalf,
with an authorization letter (with the signature duly attested by a notary) to
owner.
16.3
The Segregation and selection of material is not allowed. Breaking /
Cutting is also not allowed except under special circumstance at the discretion
of the owner.
16.4
Weighment recorded at owner’s weighbridge will be final and binding on
the parties.
17.0
GENERAL CONDITIONS:
17.1
Any dispute relating to the Tender shall be decided by the
representatives from owner as per the terms and conditions of contract whose
decision shall be final and binding on all participants.
17.2
The employees of owner / KIOCL are barred from participating in the
Tender sale, unless otherwise permitted by Management in writing.
17.3
Owner reserves the right to accept/reject and cancel any bid, amend the
quantity under any category or withdraw any lot at any stage under this tender
after acceptance of bid/issue of sale order /deposit of full value by the buyer
therefore and the value of such material if paid for, shall be refundable. Owner
shall not be responsible for any damages/loss whatsoever to purchaser on account
of such withdrawal.
17.4
The Goods shall remain in every respect at the risk of the buyer from the
date of acceptance of the price offer by owner. Owner shall be under no
liability for the Safe custody deterioration / leakage / spillage or
preservation etc. till the date of removal.
17.5
Buyer and his men are subject to the security rules of owner in force
while in the KIOCL LIMITED- BFU premises. The Buyer’s workman, agents or
representatives shall not commit any nuisance, theft or indulge in any
anti-social activities in the owner’s premises and the buyer shall be liable
for the good conduct, safety and discipline of his workman. In case of such
activity, delivery will be suspended and strict action as per law will be taken
including forfeiture of sale EMD/Sale value as the case may be.
17.6
The Buyer shall be responsible for any damages that may be done to the
premises or properties of owner in the course of taking delivery of the
materials purchased by them. Damages that may be claimed by the owner shall be
paid immediately on demand or will be adjusted from the deposit made by the
buyer.
17.7
It shall be the responsibility of buyer to ensure that the statutory
provisions are complied with, during the period with respect to the buyer’s
workers who are engaged within the owner’s premises.
17.8
Where the material are sold in lots and not in number of units, it is
obligatory on the part of buyer to lift full quantity and no refund claim for
partial delivery will be entertained. The quantity not lifted shall be
automatically forfeited and no other claim will be entertained. The quantity
indicated in respect of lots are estimates and the actual quantity available may
vary from the estimate. In case, actual quantity is found to be in excess, owner
at their option may offer the excess quantity to the buyer and the buyer may
lift the same by making
payment to owner directly for the excess quantity. If the quantity is found
to be short the
contract will be short closed and owner will refund proportionate amount to the
buyer.
17.9
FORCE
MAJEURE:
(a).
Any delay or failure of performance of this contract by either party hereto
shall not constitute defaults by such party or give rise to any claim for
damages against it if and to the extent such delay or failure of performance is
caused by acts of God, acts of war, hostilities, acts of commission or omission
of Government or Government agencies, invasion, revolution, civil commotion,
strikes, lockout, blockade, embargo, sabotage, fire, flood, severe earthquake,
typhoon, cyclone, lightening, plague, epidemic or other events or omission or
circumstances, which are beyond the reasonable control of the party affected,
which they could not have reasonably foreseen and guarded against (hereinafter
referred to as Force Majeure).
(b).
The party so affected by an event of Force Majeure shall notify the other party
of the occurrence thereof within ten (10) days of commencement.
(c).
Except as provided below neither party shall by reason of any event of Force
Majeure be entitled to terminate this Contract, nor shall either party have any
claim for damages against the other in respect of such non-performance or delay
in performance.
(d).
Performances and deliveries under this contract shall be resumed as soon as
practicable after the event of Force Majeure has ended or ceased to exist with
appropriate extensions to the time for completion equal to the period of the
delay, and the decision of OWNER as to deliveries have been so resumed shall be
final and conclusive.
(e).
Notwithstanding anything to the contrary stated herein OWNER shall have the
right prior to the end of the event of Force Majeure to terminate the contract
without compensation to Buyer if the contract is suspended by the occurrence of
the event of Force Majeure for a period of more than forty-five (45) days. In
case of such termination of the Contract, Supplier shall repay to the Owner all
advances paid to him in respect of subject contract.
17.10
Form 39-C will be issued by KIOCL LIMITED- BFU.
17.11
The contractor has to make his own arrangements for food for his persons
and no canteen facility will be provided by KIOCL LIMITED- BFU.
18.0
ACCIDENTS ETC., TO THE TENDERER / BIDDER / LABOUR:
18.1
Owner will not be responsible for any injuries caused due to accident
within its premises or at the place of work of the owner either to the buyer or
his representatives/labour etc., and the tenderer/bidder/buyer will make proper
arrangements for any claim arising out of the employment under any status. It is
the responsibility of the tenderer /bidder/buyer to provide necessary safety
appliances (like hand gloves/ safety shoes etc.,) to the Labourers, who are
engaged for taking delivery of the materials. It will be the responsibility of
the buyer taking delivery to employ such Labourers, who are familiar to
undertake such jobs without causing any damages to themselves or to the
material. The buyer shall take necessary insurance cover for those employed for
lifting the materials as is required at their own cost.
18.2 Owner will not be liable for any claim and buyer shall keep KIOCL LIMITED- BFU fully indemnified and harmless against any claim and proceeding on their own or against the employees or others.
19.0
SETTLEMENT OF DISPUTES
19.1
If, at any time any
question, disputes or differences of whatsoever nature shall arise
between owner and the buyer upon or in relation to or in connection with
the contract,
either party may, forthwith give to the other notice in writing of
existence of such
questions, disputes or difference, and the same shall be referred to
arbitration by a
sole arbitrator appointed by Chairman / Managing Director of owner or any
person
acting in such capacity.
19.2
When the Arbitrator
withdraws from his office for any reason or otherwise the
Arbitrator is substituted, the Arbitral Proceedings shall continue from
that stages
onwards and the earlier
hearings shall not be repeated.
19.3
The language to be used in
the arbitration proceedings shall be English.
19.4
The award of the arbitrators shall be final, conclusive and binding on
the parties.
19.5
The provisions of Arbitration and Conciliation Act 1996, and the Rules
thereunder in
force shall be applicable to this contract.
19.6
The venue of Arbitral
proceedings shall be only in Bangalore, India.
19.7
Only Courts in Bangalore
shall have jurisdiction regarding the matters relating to
the
arbitration.
20.0
IMPLEMENTATION OF HAZARDOUS WASTE (MANAGEMENT & HANDLING) RULES 1989:
20.1
As per Public Notice dated September 1999 published by the Central
Pollution Control Board in case of those items / lots which comprise
“Hazardous Waste” materials within the meaning of the Hazardous Wastes
(Management and Handling) Rules 1989, the Tenderer/ Bidder shall be entitled to
quote and submit offer only if such and submits the following documents along
with their tender:
-
The Tenderer should be the actual user/ processor of such materials, and
-
The Tenderer should have appropriate facility for Environmentally Sound
Management (ESM) for disposal /processing of hazardous waste as per the
provisions of the environment (Protection) Act 1986 and the rules made
thereunder
-
The Tenderer must submit the following documents along with
their tender / offer:
-
Copy of the valid Registration Certificate from Ministry of Environment
& Forests (M D E F) and from the concerned state PCB certifying that the
Tenderer / Bidder has complied with the standards notified under Environment
(Protection) Act 1986 and has provided / installed facilities for
Environmentally Sound Management (E S M) for
-
disposal / proceedings of Hazardous Waste and this certificate should be
duly
-
attested by Notary Public.
20.2
Buyer if located outside Karnataka State will be required to obtain NOC /
Authorisation from the KSPCB (Karnataka State Pollution Control Board) for
transport of Hazardous waste from the Karnataka State before taking delivery of
Hazardous Waste sold to him. The
same has to be submitted to owner before taking delivery.
Owner
as the occupier will comply with the requirement of issue of Hazardous Waste
Manifest (Form No. 9) in six copies, in prescribed colour codes as specified by
KSPCB. After delivery of the
hazardous waste by owner to the buyer at its premises it will be obligatory on
the part of the buyer to ensure that the items are transported safely to the
buyers’s premises and intimation regarding receipt is furnished to KSPCB /
owner as per Form No. 09.
PAYMENT
SCHEDULE FOR BALANCE PAYMENT INCLUDING TAXES AND DUTIES.
Upto 2.5 Upto 20
Above 20
Lakhs
Lakhs
Lakhs
1.
Last date payment without penalty:
2.
Last date of payment with 1% penalty:
3.
Last date of payment with 2% penalty:
4.
Last date of payment with 3% penalty:
DELIVERY TIME TO CLEAR MATERIALS
FOR TENDERERS
1.
Last date without Ground
Rent:
2.
Last date with1% Ground
Rent:
3.
Last date with 2% Ground
Rent:
4.
Last date with 3% Ground
Rent:
5.
Last date with 4% Ground
Rent:
6.
Last date with 5% Ground
Rent: