Purchase Order No: (40) Dated: PURCHASE ORDER

Transcription

1 ईटन क लफस ल मट ड (क ल इ डय ल मट ड क अन ष ग ) (भ रत सरक र क उप#म) अ%य&-सह-(ब धक नद शक क क य लय स म- (ब धन.वभ ग (#य क ध), स कत ड़य प1 ल य- डस रगढ़, 3ज-ब5व न, प.ब ग ल Eastern Coalfields Limited (A Subsidiary of Coal India Limited) A Government of India Undertaking Office of the Chairman-Cum-Managing Director, Materials Management Deptt - (Purchase) Wing, Sanctoria, PO- Disergarh, Distt-Burdwan, West Bengal (Pin No ) CIN: U10101WB1975GOI Fax : , id: eclmmhqr@gmail.com Website: CST REGN. No: VAT Regn.No WBST REGN.NO: Purchase Order No: (40) Dated: PURCHASE ORDER REGISTERED WITH A/D To, M/s. BIHAR RUBBER COMPANY LIMITED, Industrial Area, Kokar, Ranchi Jharkhand Fax: id: jbsakbrc@hotmail.com Dear Sir, Sub: Purchase Order for supply of DGMS Approved IS marked fully Moulded Type II Protective Rubber Canvas Boot / Shoes against Our RC No: ECL/PUR/ RC/E/Mining Shoe/076/442 dated ; read with amendemnet (40) /A dated Please arrange to supply the following item as per rates, terms and conditions mentioned here under: Sl. No. Description of material. 1 DUCKBACK Brand of your own make. IS marked. The Protective Rubber Canvas Boots for Miners of Type-II with protective Steel toe cap and its various components shall conform to the relevant BIS Specification IS: 3976/2003 (Latest) and as per approval from DGMS Dhanbad. Quantity Required Unit Basic Rate (Rs.) per Unit Extended Price (Rs.) Basic 52,778 Pair Rs Rs. 1,69,94, Detailed technical specification for fully moulded rubber canvas Boot shall be as per Annexure-A Shoe Color & Mark: KHAKI & ECL (TOTAL EXTENDED BASIC VALUE: RUPEES ONE CRORE SIXTY NINE LAKH NINETY FOUR THOUSAND & FIVE HUNDRED SIXTEEN ONLY) MATERIALS CODE NUMBER: (U) SIZE-WISE BREAK-UP OF SHOES (IN PAIRS) No. 5 No. 6 No. 7 No. 8 No. 9 No. 10 TOTAL ,778 (Pairs) (Pairs) (Pairs) (Pairs) (Pairs) (Pairs) (Pairs)

2 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 2 of 9 =/SPECIAL NOTES/= 1) PRICE: The basic price shall be Rs per pair. Basic price shall remain Firm. Prices are for delivery on FOR destination basis as per conditions stated herein. 2) EXCISE DUTY: NIL /Exempted. 3) P&F Charges, Freight Charges, Transit Insurance and any other charges: NIL. 4) VAT: Will be payable extra as legally leviable. The rate of WB VAT indicated by you in the offer 5%. As Supply and Billing is to be done by your authorized dealer i.e. M/s. Seaworth Aqua Products (P) Ltd, 1, R.N. Mukherjee Road, Room No: 18-20, 5 th Floor, Kolkata ; VAT will be applicable. 5) Supply & Billing: Supply and Billing of items against this purchase order will be done by your authorized dealer M/s. SEAWORTH AQUA PRODUCTS (P) LTD 6) CONSIGNEE: Dy. GM (MM), Sodepur Central Stores- Eastern Coalfields Limited, At Neamatpur - Dishergarh Route (Asansol), PO: Sundarchak, Dist Burdwan, (WB) NOTE FOR CONSIGNEE: Please send SR Notes, Challan, Inspection Note and 3 (three) copies of bills (including the original) and any other requisite documents, to the Paying Authority. Except under specific instructions, delivery to stores is restricted up to 3.00 PM on all working days except Saturdays. 7) PAYING AUTHORITY: General Manager (F) I/C, ECL, Sanctoria, PO: Dishergarh , Dist. Burdwan, W.B. 8) PAYMENT TERMS: 100% payment terms will be made within 21 days of receipt and acceptance of materials at consignee s end or submission of bills together with documents stipulated in the order, whichever is earlier. Payee details: 1. Name of the Payee in Block M/s SEAWORTH AQUA PRODUCTS(P) LTD Letter 2. Address 1, R.N.MUKHERJEE ROAD, ROOM NO: 18-20, 5 TH FLOOR, KOLKATA Bank Account No. of Payee Name of Bank ICICI BANK 5. Name of Branch and Branch CALCUTTA BRANCH, BRANCH CODE 0006 Code 6 Pan Card No. of Payee AADCS6757L 7. Indian Financial Service code (IFS Code) ICIC ) DELIVERY: Supply should commence within 30 (Thirty) days of receipt of Purchase order with a minimum quantity of 10,000 pairs of shoes and thereafter should completed at the rate of 15,000 Pairs per month till completion. 10) DESPATCH INSTRUCTION: The shoes properly packed to prevent loss/damage in transit, handling or storage, should be dispatched by you to the Consignee in matching pair by Road Transport. 11) LD CLAUSE: Delivery quoted by you shall be taken as essence of the contract. In case of failure ECL reserves the right to any or all the following:- a) To recover from the successful tenderer as agreed, liquidated ½%(half percent) of the price of any stores, which the successful tenderer has not been able to supply for each week or part of week during which the delivery of such store may be in arrears, limit to 10% (ten percent), where felt necessary. The limit of 10% (ten percent) can be increased 15%. OR 2

3 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 3 of 9 b) To Purchase elsewhere, after due notice to the successful tenderer on their account & at the risk the defaulting supplier, the stores not supplied or other materials of a similar without canceling the supply order in respect of the consignment not yet due for supply. OR c) To extend the delivery period with or without penalty, as may be considered fit & proper.the penalty imposed shall not be more than the agreed liquidated damage referred to clause (a) above. OR d) To Cancel the supply order or a portion thereof if ECL decide to Purchase the stores at the risk and cost of defaulting supplier & also. e) To forfeit the security /earnest money or invoke the Bank Guarantee received. OR f) Wherever under this contract any sum of money is recoverable from or payable to the supplier. ECL shall be entitled to recover such sum due or which at any time thereafter may become due to the successful tenderer in this or any other contract. Should this sum be not sufficient to cover full amount recoverable, the successful tenderer shall have to pay to ECL on its demand. The successful tenderer shall however, not be entitled to any gain on any such purchase. 12) FORCE MAJEURE CONDITIONS: If the execution of the contract / supply order is delayed beyond the period stipulated in the contract / supply order as a result of hostilities, declaration of embargo or blockade or flood, acts of nature or any other contingency beyond the supplier s control due to act of God, then ECL may allow such additional time by extending the delivery period as is considered justified by the circumstances of the case and its decision shall be final. In case additional time is granted by ECL for execution of the contract / supply order, the contract / supply order shall be read and understood as if it had contained from its inception the delivery date as extended. a) The successful bidder will advice, in the event of his having to resort to this clause, by a registered letter, duly certified by the local chamber of commerce, or statutory authorities, the beginning and end of the causes of the delay, within 15 days of the occurrence and cession of such force majeure conditions. In the event of delay lasting out of force majeure, ECL will reserve the right to cancel the contract, and provisions governing termination of contract as stated in the RC of ECL will apply. b) For delay arising out of force Majeure, the bidder will not claim the extension in completion date for a period exceeding the period of delay attributable to the causes of force majeure and neither ECL nor the bidder shall be liable to pay extra cost provided it is mutually established that the force majeure conditions did actually exist. 13) PRICE FALL CLAUSE: The Prices charged for the stores / equipment supplied against the order, shall in no event exceed the lowest price at which the bidder shall sell or offer to sell the stores / equipment of identical description to its any other customer during the pendency of the contract / supply order. If the successful tenderer at any time during the pendency of the contract / supply order sells or offers to sell such stores to any customer, at a price lower than the price stipulated in the contract / supply order placed by ECL, the successful tenderer shall forthwith notify to ECL such reduction in sale price and stores / equipment supplied after such reduction coming into force shall stand correspondingly reduced. 14) PRICE CERTIFICATE: You should submit a certificate along with bill as stated below:- The rates of the stores under this contract are the lowest at which we are selling to any other customer/govt / Deptt / Subsidiaries of CIL / Other PSU s. If the materials are sold at any lower rate than that mentioned in this contract to any other agency, the same will automatically be applied to this contract from that date 15) DGMS APPROVAL AND BIS MARKING: The boots should bear relevant ISI marking and DGMS approval. If at any time DGMS or BIS withdraw their approval, you shall be liable to take back any unapproved consignments supplied to us at your own cost and risk as well as refund any payment received by yourselves in this regard. Photostat copies (in duplicate) of valid ISI marking license and DGMS approval must accompany each consignment supplied and one copy each should also be provided to the Paying Authority and the GM (MM)/(Pur), ECL HQ. 16) SUBMISSION OF BILLS: 05 (five) copies of the Bills to the consignee along with other requisite documents as required as per the conditions of the Purchase Order shall have to be submitted. Separate bills (in triplicate)/challans should be raised for each consignment along with consignment note, Guarantee/Warranty Certificate, Copy of BIS Licence, Copy of valid DGMS approval and other relevant documents as required as per the Purchase order conditions. 3

4 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 4 of 9 17) Please quote the Purchase Order No. and date in all your correspondence. 18) (A) PRE-DISPATCH INSPECTION: Pre-dispatch inspection of the Protective Rubber Canvas Boots will be carried out by CMPDIL, Ranchi as per their methodology at the works of the firm before dispatch as per detailed specification contained herein. The Inspection fee on FOR Destination value of the material and service tax at prevalent rate (Current rate of Inspection fee is 1% and the rate of service tax inclusive of cess as per last year order was 12.36%) on inspection charges shall initially be payable at CMPDIL, Ranchi by the supplier along with inspection call letter by DD. The predispatch inspection charges shall be reimbursed subsequently by ECL to the supplier against documentary evidence together with consignment billing. Minimum 07 (seven) days notice shall be given to CMPDIL for arranging inspection within valid delivery period. (B) FINAL INSPECTION: Final Inspection shall be carried out at the Consignee end after receipt of the material at site. 19) GUARANTEE/WARRANTY: 12 (Twelve) months. The supplies should give useful life of 12 (Twelve) months. In case of failure of the shoes within a period of 12 (Twelve) months, replacement should be done by the supplier free of cost within 15 days of information to the supplier. A guarantee certificate should be furnished with each consignment. The stores to be supplied shall be new, unused and of current design and specifications at Annexure-A. 20) SECURITY DEPOSIT: Since the NSIC registration of your firm is not valid to cover up delivery schedule of this order you shall have to deposit security money. The security money to be deposited should be in the form of Bank Guarantee in our prescribed format or in the form of Bank Draft of any Scheduled/Nationalized Bank payable at Asansol drawn in favour of Eastern Coalfields Limited for 10% (ten percent) of the ordered landed value without having any ceiling. The Bank Guarantee should be kept valid till execution of the order complete in all respects but minimum validity should be for 6 months. Security Money will be refunded within 30 days of satisfactory execution of the contract. For unsatisfactory performance and /or contractual failure, the security money shall be forfeited. You should furnish the security deposit within 02 (Two) weeks of the date of receipt of this purchase order. In case, you fail to deposit the security money, the order shall be cancelled and the case shall be processed to order elsewhere and the firm s performance shall be kept recorded for future dealings with them. Security Money may be converted into Performance Bank Guarantee (PBG) wherever PBG is required. At the time of conversion of security money into PBG, it shall be ensured that the amount of PBG is not less that 10% of the landed value of the order. Wherever, Security Money shall be treated as performance coverage of the contract, the operation of Security Money BG / Performance BG shall be guided by clauses relating to operation of PBG mentioned elsewhere in the tender document. 21) PERFORMANCE BANK GUARANTEE: You shall have to furnish a Performance Bank Guarantee from any Scheduled or Nationalized Bank in India for an amount equal to 10% (ten percent) of the order value on landed basis after placement of order. Such Performance Bank Guarantee should have validity to cover up the Guarantee/Warranty period and should be issued on a non judicial stamp paper of approximate value. It may be extended in case the tendered item does not work satisfactorily within the validity period of the PBG. PBG may be submitted either for the entire order quantity at a time or each lot wise as per standard format of ECL enclosed as per Annexure IV. 22) All disputes are under the jurisdiction of Asansol Court. 23) All other terms and conditions shall be as per our Rate Contract No: ECL/PUR/61233-RC/E/Mining Shoe/ 076 / 442 dated and the subsequent amendment dated ) BRAND NAME & MODEL: DUCKBACK from M/s Bihar Rubber Co. Ltd. 25) TEST CERTIFICATE: Manufacturer s Test certificate should accompany each consignment. 26) One copy of Dispatch document of each consignment should invariably be forwarded to the undersigned. 27) DISPUTE: In case of any dispute, the decision of GM (MM)/(PUR), ECL shall be final and binding on you. 4

5 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 5 of 9 28) AFTER SALE SERVICE: You shall have to extend proper After Sale Service throughout the life of shoes. For the purposes of after sales service, the following contact details as per your offer is being indicated: M/s. SEAWORTH AQUA PRODUCTS (P) LTD 1, R.N. MUKHERJEE ROAD, ROOM NO: 18-20, 5 TH FLOOR, KOLKATA ) Wherever bank guarantee towards security as well as bank guarantee for performance is applicable the supplier may submit the same either separately as per annexed formats (II & III) or jointly as per (annexure IV). 30) Duplicate copy of this order, duly signed, should be returned to this office within 10 (ten) days as a token of acceptance of this order and in case the same is not received as above, it will be presumed that you have accepted the order. 30) General terms and conditions for supply of stores (Annexure V) which was also attached with NIT/ tender documents provided to you are an integral part of this purchase order unless otherwise stated herein. 31) INTEGRITY PACT: The Integrity pact signed and submitted by you along with your offer against this tender shall be remain valid and applicable against this contract. Encl: Annexure I - Detailed technical specification for fully moulded rubber canvas Boot Annexure II Format for Guarantee Bond for Security Annexure III Format for Letter of Performance Guarantee Annexure IV Format for Guarantee Bond for Security cum Performance Annexure V - General terms & conditions for supply of stores. Yours faithfully, For and on behalf of ECL (D. Kumar) Sr. Manager (Pur) (S. Anwer) Chief Manager(Excv)/Pur Cc to: CVO / TS to CMD / GM(MM)(Pur) / GM(MM)(Stores) / GM (Projects), Projects & Planning dept., - ECL HQ. Cc to: Progress Cell, ECL HQ The above is covered under IC No: , dated: Cc to: GM (F) I/c / Chief Manager (Fin/Bills)/Sr. Manager (Fin/MM) - ECL(HQ) This order is issued with the approval of competent authority. BC No: MB/R-216/Mining Shoes/14-15, dated for Rs 1,80,44, (Rupees One Crore Eighty Lakh Forty four Thousand Seven Hundred Thirty Nine and Paise Seventy only) & FC No: Sr.Manager (F)/Mining Shoes/14-15/135 dated for Rs 1,80,44, (Rupees One Crore Eighty Lakh Forty four Thousand Seven Hundred Thirty Nine and Paise Seventy only) Cc to: GM(Safety) ECL Hqrs. This order has been placed against Indent no: ECL/GM/Safety/2015/4A/62, dated , received under cover of N.S no: ECL/GM/Safety/62/03, dated Cc to: Dy. GM, Sodepur Central Stores, ECL Cc to: GM (MM) BCCL / CCL / NCL / WCL / SECL / MCL. Cc to: GM (E&M)-CMPDIL, Gondwana Place, Kankee Road, Ranchi Fax No Cc to: Asstt. Commissioner, Commercial Taxes, Central Section, 14, Beliaghata Road, Kolkata Cc to: M/s. Seaworth Aqua Products (P) Ltd, 1, R.N. Mukherjee Road, Room No. 1S-20, 5 th Floor, Kolkata (Registered Post.) Cc to: IEMs S/N Name Address 1 Shri J. N. Mishra, IAS (Retd.) 2/77, Vijay Kand, Gomati Nagar, Lucknow Shri Rakesh Jaruhar Sector B/9, Flat no: 6457, Vasant Kunj, New Delhi Sr. Manager (Pur) Chief Manager (EXCV)/Pur 5

6 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 6 of 9 =/ DETAILED TECHNICAL SPECIFICATION FOR FULLY MOULDED RUBBER CANVAS BOOT/= ANNEXURE - I Sl. No. Description 1. The Protective Rubber Canvas Boots for Miners of Type-II with protective steel toe cap and its various components shall conform to the relevant BIS Specification IS:3976/2003 (latest) and as per approval from DGMS, Dhanbad. 2. The boots must have DGMS approval and BIS standard marking. Photo state authenticated copy of valid DGMS approval and valid BIS marking license duly attested by Notary public must be submitted along with each consignment. 3. The size and shape of the boots should conform to the BIS specification IS: 7329 of 1994, amended / revised up to date if any. 4. The sole and heel of the shoes must conform to the following additional conditions:- a) Polymer content : 50% (minimum) b) Zinc Oxide Content : 3% c) Carbon Black Content : 23% 5. All Rubber components other than the sole and heel must have minimum 40% polymer content. 6. Additional strip of canvas should be provided immediately below the back edge of protective steel toe cap. 7. Construction of Canvas Boots Type II shall be of fully moulded type. 8. Protective Steel Toe- Cap for Industrial protection shall be conforming to the definition of Safety boot to withstand impact of 200 joules in accordance with IS: (Part-1) : Polymer blended lace having breaking strength of 60 Kgf with plastic tip to be provided to extend working life in moist condition. 10. All rubber components must have clear abrasion test as per IS: 3400 (Part-3): The relative volume loss in such test must not exceed 150 cub. mm per 1000 revolutions. 11. Acceptance test: (i) Each lot delivered at the receiving stores will be sampled and subject to rest as per IS: 6368/1971. If the lots clear the criteria laid down in this standard after testing, the purchaser shall pay all expenditure for sampling, testing including the price for the shoes destroyed during testing. In case the lot fails in the test, the entire cost will be paid by the seller and the seller will have to replace the entire lot including the pieces destroyed during testing. (ii) Testing will be done at Govt. Test House i.e. Central Leather Research Institute, Madras / CIMFR, Dhanbad and any other Govt. Laboratory. (iii) The purchasers alternatively may offer to undertake testing at the factory premises in his presence before Dispatch of the product. (iv) Provided further that at-least 50% of the lot subject to a minimum of one, supplied under one supply order, shall be tested in a Govt. test house. (v) Where testing is under taken also at the manufacturers premises the purchaser reserves the right to sample and test such lots after delivery at the purchaser premises and test the sample at the Govt Testing laboratory. In such cases result of testing at the Govt Laboratory shall be final. (vi) In case receipt of repeated complaints against Mining Shoes supplied, management will take suitable action to backlist the supplier and to debar the supplier from participation in future tender. 12. Shoe Color & Mark: KHAKI & ECL 13. Identification marks: Manufacturer s symbol, size of shoes shall be embossed on the sole of every footwear so as to enable proper identification during entire period of use. Further cloth stickers shall be stitched at any part of the shoes giving manufacturer name, month/year of manufacturer, which should last till life of shoes. These embossing /stickers are in addition to the statutory marking. All the Shoes shall be embossed with ISI mark and seal of DGMS approval at suitable visible place, which is not subject to wear and tear. Sr. Manager (Pur) Chief Manager (Excv)/Pur 6

7 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 7 of 9 =/ GUARANTEE BOND FOR SECURITY /= Annexure - II 1. In consideration of M/s Eastern Coalfields Ltd. (A subsidiary of Coal India Ltd.), Sanctoria, P.O. Dishergarh, Dist. Burdwan (hereinafter called The Company ) having agreed to exempt M/s (Name and address of Contractor(s) (hereinafter called the said contractor(s) ) from the demand, under the terms and conditions of an Agreement / Order no. dated made between the company and the said contractor(s) for (insert the job description of the agreement/order) (hereinafter called the said Agreement ) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs (Rupees only) we (indicate the name of the Bank with Address) (hereinafter referred to as the Bank ) at the request of the contractor(s) do hereby undertake to pay the Company an amount not exceeding Rs against any loss or damage caused to or would be caused to or suffered by the Company by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We (indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reason of breach by the said contractor(s) of any of the terms and conditions contained in the said Agreement or by reason of the said contractor(s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. 3. We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the said contractor(s) in any suit or proceeding pending before any court of Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the said contractor(s) shall have no claim against us for making such payment. 4. We, (indicate the name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the company under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the company certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the we shall be discharged from all liability under this guarantee thereafter. 5. We (indicate the name of Bank) further agree with the Company that the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time, or to postpone for any time or from time to time any of the powers exerciseable by the Company against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for forbearance, act or omission on the part of the Company or any indulgence by the Company to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. The Bank further agrees that in case this guarantee is required for a longer period and it is not extended by the Bank beyond the period specified above, the bank shall pay to the Company the said sum of Rs or such lesser sum as may then be due to the Company and the Company may demand. 6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the said contractor(s). 7. The Bank has under its constitution power to give this guarantee and Mr. (Designation) who has signed it on behalf of the Bank has authority to do so. 8. We (indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Company in writing. Dated the Day of Signature of the Authorised Person For and on behalf of the Bank 7

8 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 8 of 9 =/ LETTER OF PERFORMANCE GUARANTEE/= Annexure - III Messers a company having its registered office at (hereinafter called the said seller) has entered into an agreement no dated (hereinafter called the said contract) with Eastern Coalfields Limited, having its registered office at Sanctoria, Post Disergarh, Dist Burdwan (West Bengal)(Pin ) (hereinafter called the purchaser) to supply equipment on the terms and conditions contained in the said contract. 1. It has been agreed that hundred percent (100%) payment of the value of the equipment will be made to the said seller in terms of the said contract on the said seller furnishing to the purchaser a Bank Guarantee for the sum of Rs (Rupees )equivalent to % (------percent) of the value of the equipment supplied by the said seller, as security for the due and faithful performance of the terms of the said contract and against any loss or damage caused to or would be caused to or suffered by the purchaser by reason of any breach by the said seller of any of the terms or conditions contained in the said contract. The Bank having its office at has at the request of the said seller agreed to give the guarantee hereinafter contained. (2) We Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the purchaser by reason of any breach by the said seller of any of the terms or conditions contained in the said contract or by reason of the said seller s failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. We shall not withhold the payment on the ground that the said seller has disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between the purchaser and the said seller regarding the claim. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs (3) We Bank, further agree that the guarantee herein contained shall come into force from the date hereof and shall remain in full force and effect during the period that would be taken for the performance of the said contract and that it shall continue to be enforceable till at the dues of the purchaser under or by virtue of the said contract have been fully paid and its claims satisfied or the purchaser certifies that the terms and conditions of the said contract have been fully and properly carried out by the said seller and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the (date) (month) from the date of the Bank Guarantee, we shall be discharged from all liabilities under this guarantee thereafter. (4) We (Bank), further agreed with the purchaser that the purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the said seller from time to time or to postpone for any time or from time to time any of the powers exercisable by the purchaser against the said seller and to forbear or enforce any of the terms and conditions relating to the said contract and we shall not be relieved from our liability by reason for any such variation or extension being granted to the said seller or for any forbearance act or omission on the part of the purchaser, or any indulgence by the purchaser, to the said seller or by any such matter, or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. The Bank further agrees that in case this guarantee is required for a longer period and it not extended by the Bank beyond the period specified above, the Bank shall pay to the purchaser the said sum of Rs or such lesser sum as may then be due to the purchaser and as the purchaser may demand. (5) We Bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the purchaser, in writing. (6) The Bank has under its constitution power to give this guarantee and Mr.,. (designation), who has signed it on behalf of the Bank has authority to do so. (7) This Bank guarantee will not be discharged due to change in the constitution of the Bank or the said seller. Dated day of..20 For. Bank (Signature of the authorized person for and on behalf of the Bank) 8

9 P.O: (40) dated: on M/s. Bihar Rubber Company Limited Page 9 of 9 =/GUARANTEE BOND FOR SECURITY CUM PERFORMANCE/= Annexure - IV In consideration of M/s Eastern Coalfields Ltd. (A subsidiary of Coal India Ltd.), Sanctoria, P.O. Dishergarh, Dist. Burdwan (hereinafter called The Company ) having agreed to exempt M/s (Name and address of Contractor(s) (hereinafter called the said contractor(s) ) from the demand, under the terms and conditions of an Agreement / Order no. dated made between the company and the said contractor(s) for (insert the job description of the agreement/order) (hereinafter called the said Agreement ) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs (Rupees only) we (indicate the name of the Bank with Address) (hereinafter referred to as the Bank ) at the request of the contractor(s) do hereby undertake to pay the Company an amount not exceeding Rs against any loss or damage caused to or would be caused to or suffered by the Company by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We (indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reason of breach by the said contractor(s) of any of the terms and conditions contained in the said Agreement or by reason of the said contractor(s) failure to perform the said Agreement and/or failure/malfunctioning of the materials/machines supplied within the warranty period or such other or further extended period required for enforcing the warranty. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. 3. We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the said contractor(s) in any suit or proceeding pending before any court of Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the said contractor(s) shall have no claim against us for making such payment. 4. We, (indicate the name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and/or performance of the materials/machines supplied till expiry of the warranty period and that it shall continue to be enforceable till all the dues of the company under or by virtue of the said Agreement/warranty have been fully paid and its claims satisfied or discharged or till the company certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the we shall be discharged from all liability under this guarantee thereafter. 5. We (indicate the name of Bank) further agree with the Company that the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time, or to postpone for any time or from time to time any of the powers exerciseable by the Company against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for forbearance, act or omission on the part of the Company or any indulgence by the Company to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. The Bank further agrees that in case this guarantee is required for a longer period and it is not extended by the Bank beyond the period specified above, the bank shall pay to the Company the said sum of Rs or such lesser sum as may then be due to the Company and the Company may demand. 6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the said contractor(s). 7. The Bank has under its constitution power to give this guarantee and Mr. (Designation) who has signed it on behalf of the Bank has authority to do so. 8. We (indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Company in writing. Dated the Day of Signature of the Authorised Person 9