(A SUBSIDIARY OF COAL INDIA LIMITED) (A GOVT. OF INDIA UNDERTAKING) MATERIALS MANAGEMENT WING/PURCHASE DEPT

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1 Eastern Coalfields Limited (A SUBSIDIARY OF COAL INDIA LIMITED) (A GOVT. OF INDIA UNDERTAKING) MATERIALS MANAGEMENT WING/PURCHASE DEPT Sanctoria, P.O. Dishergarh , Dist: Burdwan (West Bengal), India. Phone No Fax No / mmecl@rediffmail.com, Website: WBST Regn no: , CST Reg.No , VAT Regn. No: , CIU-U10101WB1975G =PURCHASE ORDER= PURCHASE ORDER NO: (10) Dated: To, M/s. BALKRISHNA INDUSTRIES LTD. BKT House, C-15 Kamala Mills Compound, Senapati Bapat Murg, Mumbai Type of Tender: E-Tender. Whether Govt./PSU: Private. By. Regd Post Dear Sirs, Subject: Formal order for Supply of OTR Tyres Ref: i) Our Global e-tender No: ECL/HQ/PUR/Global/ / /OTR Tyre /164 dated opened on ii) Your Offer No:BKT/SALES/2015/0320 DATE: With reference to above, we for and on behalf of ECL hereby place our FORMAL ORDER for supply of Brand new Off-The-Road Tyres at the following price, Terms & conditions and also as per Standard terms and conditions for supply of Indigenous OTR Tyres and General Terms & Conditions enclosed:- SCOPE OF SUPPLY: The stores to be supplied and their prices are as follows:- Sl Items Description Quantity Unit Basic Price Extended Price No (in Sets) (in INR) (in INR) 1 Tyre Size X PR(E4) With"O"Ring Material Code: / SET 1,64, ,19, Tyre Size X 25-28PR(E3/L3/L4/L5) WITH "O" RING 2 SET 1,15, ,30, Material Code: / Total Extended Value: 38,49, Excise 12.5%: 4,81, % 86, Total landed value: 44,16, (Rupees Forty Four Lakhs Sixteen Thousand Seven Hundred Twenty Seven and Paisa Fifty only) Terms & Conditions: 1) Price -The above price is inclusive of P&F, Freight and Transit Insurance charges etc on FOR destination basis, which will remain firm till execution of order. 2) Excise Duty - To be paid extra on basic at legally applicable rate at the time of supply on submission of documentary evidence. The present rate of E.D is 12.5%. CENVAT Credit will be availed as per prevailing Excise Rules. 3) Sales Tax - To be paid extra at legally applicable rate at the time of supply. The present rate of 2% against declaration form C to be issued by the respective consignee. Your sales Tax registration No should be quoted in your bills. Continued at page-2

2 PURCHASE ORDER NO: (10) -2- Dated: ) Terms of Payment - 100% within 21 days from the date of receipt and acceptance of materials at consignee s end or submission of bills together with documents stipulated in this order, whichever is later. The information provided by you in respect of e-payment is as follows: i) Name of the payee: BALKRISHNA INDUSTRIES LTD. ii) Address: BKT House, C-15, Kamala Mills Compound, Senapati Bapat Marg, Mumbai iii) Bank Account No of the Payee: iv) Name of the Bank: HDFC BANK Ltd. v) Name of the Branch: CST-FORT, Branch Code-0060 vi) PAN Card no of the Payee: AAACB3333J vii) Indian Financial Service Code(IFS Code): HDFC ) Delivery FOR destination basis Within 84(Eighty Four) Days from the date of receipt of order. The date of receipt of order will be reckoned as 10 th day from the date of order. 6) Consignee For item Sl No.1& 2: Depot officer, Sonepur Bazari Area Stores, P.O. Bahula, Dist: Burdwan (WB). 7) Paying Authority General Manager (F) I/C, ECL, (HQ) Sanctoria, Burdwan (WB). 8) Identification Mark Appropriate Identification Mark indicating Maker s name, Trade Mark, Tyre details etc should be there in the Non-wearable portion of the Tyres. 9) Technical Specification- Tyre Size & Ply Rating Manufacturer Brand TRA/ Industry Code Inflated Dimension Tread Overall diameter Overall Width Depth Performanc e Capacity (TKPH) Minimum Tread depth for retreading Tyre Size X PR(E4) Tyre Size X 25-28PR(E3/L3/L4/L5) BKT (Rock Grip) E % of original BKT (XL Grip) E3/L % of original 10) Guarantee/Warranty Will be applicable in respect of Sub-standard materials, poor workmanship and faulty design (excluding normal wear and tear) for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier. The warranty compensation on pro rata basis calculated on contract Price shall be payable based on remaining Tread depth of the failed Tyre as per the formula given below: Compensation = B X C/A Where - A - Original Tread depth of the Tyre. B - Remaining Tread depth when the Tyre fails. C -Cost of the Tyre per Set (Set means Tyre with O Ring) Warranty replacement will be decided on the basis of Joint Inspection Report (as per format below) of the failed Tyres to be held between the users and Manufacturer s representatives. Manufacturers Guarantee/ Warranty certificate should be submitted along with each joint inspection report should be submitted as per format given below:- Annexure-A. EASTERN COALFIELDS LTD JOINT INSPECTION REPORT OF OTR TYRE Area: Project: Manufacturer: P.O. Ref. No. Tyre Size: Tyre Type: Original : Recommended Inflation Pressure: Date of Inspection: Continued at page- 3

3 PURCHASE ORDER NO: (10) -3- Dated: Tyre Sl. No. M/C No. (Position) Date of Fitment Inflation Pressure Hrs. Run Balance Date of Failure Reason of Failure Remarks if any. Area Engineer (Excavation) Manufacturer s Representative 11) Technical support and service of OTR Tyre- In addition to normal after sales service the firm will render technical support and service to ensure proper usage, maintenance and satisfactory performance of the Tyres supplied by them. The technical personnel of the Tyres supplier shall meet the GM (Excavation) at least 4(four) times a year and shall visit the Mines as per the advice so that it can be ensured that each Mine is visited at least once per annum. In this case, it is also to be ensured that each visit shall be a period of not less than four consecutive working days. Firm shall make a survey of all the Tyre of their Make to ensure proper usages, maintenance and satisfactory performance. A joint inspection report shall be drawn out which will be signed by Engineer In charge (Excv) of the Mine, Area Engineer (Excavation) of the Area and manufacturer s representative. Copies of the report shall be immediately submitted to the GM (Excavation), ECL-HQ. 12) Submission of Bills -Separate bills (5 copies) shall be submitted to the Consignee along with the Consignment and challan along with other requisite documents for each consignment and B.C. No. Of this order should be indicated in each bill. Additional information to be incorporated in Invoice as per Central Excise Act so that ECL may avail CENVAT Credit under Rule 11(2) of Central Excise Rules. 1. Name of Consignor: 2. Address of Consignor: 3. Centralized Central Excise Registration No of Consignor: 4. Address of Corporate office: 5. Central Excise Division: 6. Central Excise Range: 7. Commissioner ate: 8. TIN No & VAT No: 9. Name & Address of the consignee; 10. Central Excise Registration No of Consignee: 11. Central Excise Range, Division and Commissioner ate Of Consignee: 12. Description & Classification of goods: 13. Time & Date of Removal 14. Mode of Transport & Vehicle Reg. No/ RR No: 15. Rate of Duty: 16. Qty & Value of Goods: 17. Excise Duty, Primary Education. Cess & H.S. Education Cess:---(to be indicated separately). Information relating to ECL to be incorporated by you in your Invoices are as under:- 1. Centralized Central Excise Registration No: AAACE7590EEM Address of Corporate Office: Office of CMD, ECL. 3. Central Excise Division: Asansol-II, Senraleigh Road, Asansol Central Excise Range: Kulti, X-10, South Road, Burnpur Commissionerate: Bolpur (West Bengal) 6. Tin No & Vat No: & Centralized Service Tax Registration No: AAACE7590EST ) Price Fall Clause - a) The prices charged for the stores to be supplied under this supply/purchase order by your unit shall in no event exceed the lowest price at which you sell the stores or offer to sell the store of identical description to any customer during the tenure of this supply order. If any time during the said period you reduce the sale price sell or offer to sell such stores to any customer at a price lower than the ordered price, you shall forthwith notify such reduction b) of sale or offer to sale to us to enable us to amend the rates of the order and stores supplied after the date coming into force on such reduction or sale shall stand correspondingly reduced. Continued at page-4

4 PURCHASE ORDER NO: (10) -4- Dated: ) LD Clause and Risk Purchase 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, limited to 10% (ten percent), where felt necessary. The limits of 10% (ten percent) can be increased to 15% (Fifteen percent) b) To purchase elsewhere, after due notice to the successful Tenderer on their account & at the risk of the defaulting supplier, the stores not supplied or other materials of a similar description 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 as clause (a) above. OR d) To cancel the supply order or a portion thereof if ECL decide to purchase the stores at the risk & 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. 15) Dispatch Instruction - Materials duly packed are to be delivered by road transport consigned to the stores on freight paid basis entirely at your risk and cost. 16) Inspection- Final Inspection of the materials will be carried out by the Authorized representative of Gr GM (Excavation), ECL HQ at Consignee s end after receipt of materials. 17) Integrity Pact- The integrity Pact signed and submitted by you along with your offer against this tender shall remain valid and applicable against this tender. 18) Security Deposit- You are advised to deposit Security 10% of the landed value of the order in the form of Bank Guarantee in ECL s prescribed format enclosed on Non Judicial Stamp Paper of Rs. 100/- or in the form of Bank Draft of any scheduled/nationalized Bank payable at Asansol drawn in favour of 19) Eastern Coalfields Limited for within two weeks (15 days) from the date of issue of Purchase Order. The Bank Guarantee should be kept valid till execution of order complete in all respects but minimum validity should be for 6 months. If you fail to deposit the Security Money, the order shall be cancelled and the case shall be processed to order elsewhere and your performance is to be kept recorded for future dealings. Security money may be converted into performance Bank Guarantee (PBG). At the time of conversion of security money into PBG, it shall be insured that the amount of PBG is not less than 10% of the landed value of order. Whenever, security money shall be treated as a 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. 20) Performance Bank Guaranteea) Performance Bank Guarantee for 10% Landed value will be furnished by you in the form of Bank guarantee executed by any schedule Bank of India as per approved format of ECL. b) The Performance Bank Guarantee furnished by you shall be irrevocable and unconditional and ECL shall have the powers to invoke it notwithstanding any dispute between you and ECL pending before any court, tribunal arbitrator or any other authority. The PBG should be submitted within one month of order and shall remain valid for 12 months from the date of commissioning/ fitment or 18 months from the date of receipt and acceptance of the last consignment by ECL. The PBG should have provision for a claim period of three months beyond the validity of the PBG. c) The Performance Bank Guarantee shall be released after expiry of validity period if no claim is pending in ECL. However in case there is no dispute pending & No claim certificate is not received in writing from the user within 6 (Six) months from the expiry of validity period, the BG shall be released without further reference to the user. 21) Manufacturer s guarantee/warranty certificate should be submitted along with each consignment. Continued at page-5

5 PURCHASE ORDER NO: (10) -5- Dated: ) Except under specific instructions delivery to stores is restricted up to 3.00 PM on all working days except Saturdays. 23) Price Certificate : You will have to give a Price certificate along with each bill that the ordered Prices are similar price as has been quoted which are being offered/will be offered to Coal India Subsidiaries. However, if any time during the tenure of the supply order, you reduce the sale price, sell or offer to sell such stores to CIL, any other Subsidiary of CIL at a price lower than the ordered price, you shall forthwith notify such reduction of Sale or offer to Sale to ECL to enable ECL to amend the rates of the order. 24) One copy of the dispatch document of each consignment should invariably be forwarded to this Office. 25) Please quote purchase order number and date in all your correspondence. 26) General terms and conditions attached with the notice inviting tender and or tender documents provided to you become an integral part of this purchase order. 27) Way Bill/Road Permit Way Bill should be obtained directly from the consignee. Your request for the way bill should be sent well in advance to facilitate timely dispatch of materials. 28) Dispute - In case of any dispute, the decision of GM (MM)PUR ECL shall be final and binding on you. 29) The court of Asansol only will have Jurisdiction to deal with or decide any legal matter of dispute whatsoever arising out of this contract. 30) The other terms & Conditions will be as per NIT and our General terms and Conditions of supply orders. 31) The contract is concluded with issuance of order. However, we are enclosing two copies of purchase order, one of which should be returned to us duly stamped and signed for acknowledgement. In case of non-receipt of 2 nd copy of order within 15 days, it will be presumed that order has been accepted for delivery of items. Encl: Annexure-7 ( Format for Guarantee Bond for Security cum Performance) Yours faithfully, (Vishwa Deepak Pal) Assistant Manager (MM)PUR (Sohail Anwer) CHIEF MANAGER (Excavation) MM Copy to -GM (MM)/GM(Excv)/ GM (F) I/C/CVO -ECL,Sanctoria HQ Copy to- Depot Officer,Sonepur Bazari Area Stores, P.O. Bahula, Dist: Burdwan (WB) ECL. Copy to -FM(Bills),ECL,HQ - The above requirement is covered under BC No:MB/R-154/HEMM Spares/15-16 dated for Rs. 2,31,11, Copy to-progress Cell ECL,HQ-The requirement covers under IC No dated Copy to GM(MM s) BCCL/ CCL/ WCL/ SECL/ NCL/ MCL. Copy to- IEM:(1) Shri J. N. Mishra. IAS,(Retd),2/77, Vijay Kand. Gomoti Nagar. Lucknow & (2) Shri Rakesh Jaruhar,Sector-B/9, Flat No.6457, Vasant Kunj New Delhi.