PUMP SPARES FOR MINES

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Bidders are advised to check applicable GST on their own before quoting. Buyer will not take any responsibility in this regards. GST reimbursement will be as per actuals or as per applicable rates (whichever is lower), subject to the maximum of quoted GST %.

Bidder shall submit the following documents along with their bid for Vendor Code Creation:

• a.Copy of PAN Card.
• b.Copy of GSTIN.
• c.Copy of Cancelled Cheque.
• d.Copy of EFT Mandate duly certified by Bank.

• 1.The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
• 2.The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
• 3.The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.

Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, if:

• i)The Seller fails to comply with any material term of the Contract. ii) The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the stipulated Delivery Period or such inability otherwise becomes apparent. iii) The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) promptly. iv) The Seller becomes bankrupt or goes into liquidation.
• v)The Seller makes a general assignment for the benefit of creditors. vi) A receiver is appointed for any substantial property owned by the Seller. vii) The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed the Purchase Order on the Seller.

Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the State of each Consignee's Location in case of carry-in warranty. (Not applicable in case of goods having on-site warranty). If service center is not already there at the time of bidding, successful bidder / OEM shall have to establish one within 30 days of award of contract. Payment shall be released only after submission of documentary evidence of having Functional Service Centre.

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): Not Applicable Post Receipt Inspection at consignee site before acceptance of stores: AE(E&M) or his authorized representative or as deputed by GM, Kunustoria Area.

Timely Servicing / rectification of defects during warranty period: After having been notified of the defects / service requirement during warranty period, Seller has to complete the required Service / Rectification within 3 days time limit. If the Seller fails to complete service / rectification with defined time limit, a penalty of 0.5% of Unit Price of the product shall be charged as penalty for each week of delay from the seller. Seller can deposit the penalty with the Buyer directly else the Buyer shall have a right to recover all such penalty amount from the Performance Security (PBG).Cumulative Penalty cannot exceed more than 10% of the total contract value after which the Buyer shall have the right to get the service / rectification done from alternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be liable to re-imberse the cost of such service / rectification to the Buyer.

Buyer Added text based ATC clauses

• (A). The offered items shall be considered proven provided it meet the Technical Proven-ne ss criteria noted below, otherwise the offer shall be liable for rejection. The decision of ECL for considering any firm as proven will be final and binding upon the tenderers. Proven-ness Criteria: Credential of Same or Higher items supplied within 5 years from the date of Tender openin g (Along with PO copy & copy of invoice/challan for supplies made to ECL/ CIL or its subsidi aries/ Other PSUs/ Government organizations), and these items have performed satisfactori ly. Documents to be submitted: -
• i.Self-certified copy of past supply order in respect of tendered items received during last f ive years to ECL/ CIL or its subsidiaries/ Other PSUs/ Government organizations/ private org anization. ii. Self-certified copy of Proof of supply made against the supply order submitted such as se lf-certified copy of delivery challan/invoice/e-way bill etc. iii. Performance Certificate:- Satisfactory Performance report against the supply order subm itted as per clause (i) above and in manner as indicated below. iii(a). In case copy of supply order submitted is of ECL, Kunustoria Area then bidder need no t to submit satisfactory performance report, HOD (Technical) shall certify whether performa nce was satisfactory. iii(b). In case copy of supply order submitted is/are of other Areas of ECL/CIL or its subsidiar ies/Other PSUs/ Government organizations then bidder should submit satisfactory performa nce report from the concerned Area/Subsidiaries/CIL/Other PSUs/Government Organization. OR, The Bidder is an RC holder of Rate Contract as issued by CIL/ CIL Subsidiary Companies for the tendered items within last 05 years. OR, The bidder is OEM/OPM or having Authorization from OEM/OPM to participate in the BID/Ten der for their quoted/offered make/ brand. NOTE: OEM - Means, Original Equipment Manufacturer, OPM means Original Parts Manufac turer of the Equipment.
• (B). Guarantee/Warranty: The materials shall be guaranteed for a period of 12 months fr om the date of installation or 18 months from the date of supply against any manufacturing defects/bad workmanship/premature failure. In case of any manufacturing defects/bad wor kmanship/premature failure the supplier should replace the material at free of cost within 3 0 days from the date of intimation.
• (C). Declaration: - The bidder has to give declaration that they have not been banned or d e-listed by any Govt. Or quasi–Govt. Agencies or Public sector Undertakings. This fact must be clearly stated.
• (D). Fitment Guarantee: - The materials must fit into the equipment for which it is being purchased without any medication otherwise it would be rejected. The tenderer may visit th e site before submitting their offer.
• (E). Price Certificate: The bidder should submit a price certificate along with the offer an d bill as given below: “We hereby certify that with regards to your above referred tender and our offer, the price chargeable to Kunustoria Area, ECL is the lowest and is the same as applicable to all custo mers in India including other Govt. Organization / Govt. Undertakings and Coal India Limite d and its subsidiaries or any other private organization”.
• (F). E.C.L reserves the right to accept or reject any or the entire offer, extend tender openi ng, modify tender document or cancel the tender at any stage of BID/tender without assign ing any reason. The offer should be submitted strictly as per the terms & conditions laid do wn in the tender document, failing which the offer may be liable for rejection.
• (G). Identification marking: The materials to be supplied must have manufacturer’s ide ntification mark engraved / embossed on non-wearable portion failing which the material wi ll not be accepted by the Consignee. Where embossing / engraving is not possible manufac turer’s identification should be either by painting or by manufacturer’s sticker. The tendere rs should accept this clause and mention in their offer.
• (H). GST- Bidders have to mention GST (in percentage) they have applied on their quoted i tem (i.e. % age of GST which is inclusive on their total quoted price) along with HSN code. To be uploaded in their techno-commercial offer.
• (I). Additional Doc 1 : Bidder has to submit a self-certificate in the following format :- “ The items covered in the Purchase order(s) / Rate contract (s) copies enclosed with our of fer have been fully executed and have performed satisfactorily as per the provisions of res pective purchase order (s) / Rate contract(s) and all the complaints/claim(s) lodged by the purchaser, if any have been attended to and no complaints/claim (s) are pending.”
• (J). TReDS: Trade Receivables Discounting System (TReDS) is an initiative of the Reserve Bank of India (RBI) to facilitate MSME receivable payments from corporates. ECL has on-boa rded TReDS platform through (1) Receivables Exchange of India Ltd (RXIL) (URL - https://w ww.rxil.in/Home/Index) (2) A-TReDs (URL - www.invoicemart.com) (3) Mynd Solutions (URL - www.m1xchange.com). MSE bidders willing to get payment through this system may get re gistered on the above TReDS platform and confirm in offer and the same would be mention ed in the purchase order. The bidder may contact (1) Mrs. Upasana Majumder, BD-ARM, RXI L, Mob: +91 8697212759 (upasana.majumder@rxil.in) (2) Mrs Monalisa Das Nath, Dy VP, M ynd Solutions, Mob: +91 8100551223 (monalisa.das@m1exchange.com) (3) Mr. Subhas Ch akraborty, RM, A-TReDS, Mob: +91 9681193155 (Subhas.Chakraborty@invoicemart.com). .