Item Category Firm Category Vendor Code Tender Category Medical Equipment Trader 1/12/D/T/027 Open Global FORMAL ORDER ORIGINAL BY REGD. POST No. 072:01:1:02:17:040 M/s Shree Yash Trading Co, 1/12, ROWLAND ROAD, KOLKATA-700020 Tel: 033 24767800/ Mob: 9433288167 Fax: 033 24764263 Email: sytco_healthcare@hotmail.com Sub: Supply Order for procurement of 01 no.eye Operating Microscope. Ref: (1) Tender Enquiry No. 119: CCL/MMD/HQ/ABH/Med/ CHN/OM/R-72/2016-17, opened on 29.08.2016(Tender ID: 2016_CCL_42179_1) (2) Your Bid ID: 126339, your subsequent clarifications & last letter dated 08.08.2017. Dear Sirs, In reference to the above, we are pleased to place on you, an order for supply of 01 no. Eye Operating Microscope, as per following details: 01. Scope of Supply NIT New Material Sl. Code No. 01 81238000000 Operating Microscope, MODEL: OPMI LUMERA 300 STANDARD, MAKE: CARL ZEISS Description Qty Basic Price Extended Value 01 No. 35,00,382.52 35,00,382.52 IGST@ 28% 9,80,107.11 Total Value (inclusive of Packing, Forwarding, Installation, Commissioning, Freight and Insurance charges) 44,80,489.63 Rupees Forty Four Lakh Eighty Thousand Four Hundred Eighty Nine and Paise Sixty Three only Major Terms & Conditions 02. BASIS OF PRICE: Prices mentioned are on FOR Destination basis. Packing & Forwarding and Freight & Insurance charges up to destination, if any, shall be borne by you. The prices shall remain firm till completion of supplies. 03. PACKING, FORWARDING CHARGES:Inclusive. 04. FREIGHT & INSURANCE CHARGES: Inclusive. Safe arrival of materials up to destination will be your responsibility 05. ERECTION &COMMISSIONING CHARGES:Inclusive. 06. GSTIN:SHREE YASH TRADING CO: 19ACVPJ5222C1ZK (West Bengal)
- 2-07. Goods & Services Tax:GSTwill be payable extra as applicable.igst applicable @ 28% as quoted by you. In case of any increase in taxes and duties after expiry of the scheduled delivery period, the increase will be to supplier s account and in case there is any decrease, the same shall be passed on to CCL. CCL GSTIN: 20AAACC7476RHZT While Supply and raising invoice, you shall comply with all provisions of the Goods & Services Tax Act 2017. a. The Tax Invoice raised by the supplier must be in compliance of relevant GST Acts, rules & notifications made there under and should bear the GSTIN of CCL. The rate and amount of IGST, GST (Compensation to state) cess (if any), related to supply of goods, shall be shown separately in tax invoice b. The IGST and GST (Compensation to state tax, if any), as applicable at the time of supply, shall be paid extra against submission of proper Tax invoice, as referred above, by the supplier so that CCL is able to avail Input tax credit (if available) of such IGST, GST (Compensation to State) Cess reflected in the invoice. c. If the ITC claimed is disallowed due to failure on the part of supplier in incorporating the tax invoice issued to CCL in its relevant returns under GST, payment of IGST, GST (Compensation to State) Cess shown in tax invoice to the tax authorities, issue of improper tax invoice or any other reason whatsoever, the applicable taxes &cess paid based on such Tax invoice shall be recovered by CCL from the current bills or any other dues of the supplier. d. The amount of IGST and GST Cess if any, as indicated in the Tax Invoice shall be paid only when they appear in GSTR 2A of CCL and the supplier has filed the valid return in accordance with the provisions of the GST Act and the rules made there under. e. In the event of any additional tax liability accruing on the supplier due to classification issue or for any other reason, the liability of subsidiary company shall be restricted to the amount of GST charged on the original tax invoice issued by the supplier. 08. DELIVERY PERIOD: Within 4 (Four) months from the date of supply order. No material should be supplied beyond the specified delivery period unless amendment for extension of delivery period is obtained from the purchaser i.e. CCL. 09. TRANSPORTATION: It is incumbent on the supplier to transport the contracted materials/supplies through registered common carriers only and documentation should be done as per provision of the carriage by Road Act, 2007. Any transportation of goods through unregistered common carries is illegal. 10. CONSIGNEE: The Depot Officer, Central Stores, Barkakana CCL, Ramgarh(Jharkhand) 11. SECURITY DEPOSIT:You will be required to deposit Security Money equivalent to 10% of the value of the awarded contract (landed value) without having any ceiling, in the form of Demand Draft or irrevocable Bank Guarantee issued by any scheduled Bank in the prescribed format (as given in the NIT at Annexure- E), within 15 days from the date of receipt of Supply Order. The Bank Guarantee submitted towards Security Money shall be valid for a minimum period of 3(three) months beyond the stipulated delivery period. Failure to deposit the required Security Money within the specified period may entail cancellation of Supply Order and the case may be processed to order elsewhere and the firm s performance is to be kept recorded for future dealing with them. The Security Deposit shall be refunded within 30 days of satisfactory execution of the contract. For unsatisfactory performance and/or contractual failure, the Security Deposit shall be forfeited. In case of extension of the delivery period the validity of Bank Guarantee submitted towards Security Deposit shall be suitably extended to cover the required validity period of 3(three)months beyond the extended delivery period. Security Money may be converted into performance bank guarantee (PBG) (wherever PBG is required as per the contract). However, in such case the amount of PBG should not be less than 10% (ten percent) of the landed value of the order. In such case, validity period of the Bank Guarantee shall cover the period of Security deposit as well as that of performance bank guarantee. The complete Postal address, Telephone Number, FAX Number and e-mail address of both the outstation issuing Bank as well as the local operating branch should be mentioned on the Bank Guarantee. Security Deposit Amount shall be 4,48,049.00.
- 3-12. WARRANTY/GUARANTEE:You will give a warranty/guarantee of satisfactory performance of the supplied materials for a period of 12 months from the date of Installation commissioning or 18 months from the date of receipt and acceptance at consignee s end, whichever is earlier. You will be responsible for any defect that may develop under the conditions provided for by the contract and under proper use, arising from faulty materials, design or workmanship (excluding normal wear & tear) and shall remedy such defect at your own cost, when called upon to do so. If it becomes necessary for the supplier to replace or renew any defective part, such replacement or renewal shall be made by the supplier 100% free of cost without any extra cost to Central Coalfields Limited. You will bear all costs connected to replacement of items from & up to ultimate consignee in case any replacement is required on receipt of items and within warranty period. 13. PERFORMANCE BANK GUARANTEE: PBG issued by any scheduled Bank in the prescribed format (as given in the NIT at Annexure-F) valid for 15 months from the date of commissioning for 10% value of the equipment (along with accessories) including taxes and duties etc to the FOR Destination price of the equipment on order must be submitted before execution of supplies or along with supply bills. No payment shall be released without submission of the performance bank guarantee. As per NIT Security deposit is convertible in Performance guarantee The Value of PBG to be submitted by you is 4,48,049.00for the total order value. The Bank Guarantees (BG) issued by issuing bank on behalf of the supplier/s in favour of Central Coalfields Limited shall be in paper form (Stamp Paper) as well as issued under Structured Financial Messaging System. The message will be sent to the beneficiary bank through SFMS. The details of beneficiary Bank of issue of BG through SFMS Platform are furnished below:- Particulars of Name Central Coalfields Ltd Beneficiary Hqrs/ Area Hqrs Department Materials Management Bank A/C No. 10106155123 Customer ID 80288731402 Particulars of Name of Bank State Bank of India Beneficiary Branch & Address SME Branch, Doranda, Ranchi- Bank 834002 SFMS/ IFSC Code SBIN0009620 Original copy of the Bank Guarantee issued by the issuing Bank shall be sent by the Issuing Bank to the Procurement Entity, Central Coalfields Limited 14. Bi/ Tripartite Agreement:Bi/ Tripartite Agreement, as per NIT, will be made M/s Carl Zeiss & M/s Shree Yash Trading Co.as Principal Supplier / manufacturer the party of the FIRST PART and Gandhi Nagar Hospital, Kanke Road, Ranchi, a unit of Central Coalfields Limited as the Customer the party of the SECOND PART. 15. Annual Maintenance Contract:Annual Maintenance Contract will be concluded after expiry of warranty period, by the user department as per the provisions of Bi/ Tripartite Agreement between M/s Carl Zeiss & M/s Shree Yash Trading Co. and Gandhi Nagar Hospital, Kanke Road, Ranchi, after obtaining competent approval and concurrence.(excluding Taxes) Payment Period after Charge 1st Charge 2nd Charge 3rd Charge 4rth Charge 5th Charge 6th Charge 7th 1st Qtr 2nd Qtr 3rd Qtr 4rth Qtr 10,293.00 10,293.00 10,293.00 10,293.00 16. TERMS OF PAYMENTS:
- 4- (a) 80%value of each equipment and the accessories and 100% Taxes along with 100% transportation & Insurance charges will be paid within 21 days after delivery of the equipment and receipt and acceptance of performance bank guarantee. The equipment should be accompanied with relevant dispatch documents like Challan, Maker s Test Cum Inspection Certificate Warranty Certificate, Pre dispatch inspection certificate wherever applicable etc. (b) Balance 20% payment shall be made within 21 days of successful completion of erection testing, commissioning and final acceptance of the equipment (along with accessories) at site upon presentation of a certificate from the CMS CCL or his authorized representative to the effect that the equipment has been erected and commissioned to their entire satisfaction. The payment will be made by e-payment only, for which you are requested to indicate your EFT A/C no., Name of Bank, Branch, RTGS Code and other relevant details in your invoice for facilitating payment through EFT. NO OTHER PAYMENT TERMS WILL BE ACCEPTED. No payment will be made for supply of incomplete equipment. No payment towards supply of equipment and EMD shall be made without submission of PBG. 17. PAYING AUTHORITY: The General Manager (Finance) HQ, Central Coalfields Limited, HQ, Ranchi 18. COUNTRY OF ORIGIN:Germany. 19. SUBMISSION OF BILLS: 100% bill with taxes & duties stamped and pre-receipted shall be submitted in triplicate to the Paying Authority with following documents:- i) Self Authenticated copy of Challan/ Consignment Note ii) Self Authenticated copy of Warranty/Guarantee Certificate. iii) Lowest Price Certificate. iv) Import Documents as specified in the relevant clause of this order v) Any other documents specified in the order. A set of above documents should be submitted to the consignee and to this office as well. IMPORT DOCUMENTS: The following import documents (two sets) are required to be submitted with each supply for acceptance of supplies to CCL: (i) Self attested copy with original Principal s Invoice / packing list. (ii) Self attested copy of Bill of Lading / Airway Bill. (iii) Self attested copy with original Bill of Entry. (iv) As per contractual requirement (if any) warranty / guarantee certificate. (v) Certificate of Origin / Country of Origin (multiple origin) (vi) Certificate from the Auditor of the supplier, certifying that they have paid Customs Duty as per prevailing Customs Rates and refund if any shall be passed on to buyer. (vii) Any other documents specified in the order. (viii) Any other document(s) as mandated by the GST Act, 2017. You will provide clear linkage of items as per order with documents furnished under clause (i), (ii) and (iii) for acceptance by CCL. The original documents under (i) and (iii) have to be produced and shall be returned after verification with attested photocopy and making suitable endorsements on original relating to transaction made. Benefit accruing to seller due to implementation of GST, if any, shall have to be passed on to CCL by way of commensurate reduction in prices. In regard to the same, you will provide a certificate from a practising Chartered Accountant. The Certificate of CA should contain the information as per Annexure IV. If the benefit to you exceeds 2,43,427.00due to implementation of GST, the same shall be deducted from the bill at the time of payment. At any stage if it is found that the benefit accruing due to GST is more than that being passed on to CCL, appropriate action may be initiated by CCL. 20. PACKING: The consignment should be securely packed & marked as per standard Trade Practices/BIS norms to withstand the rigorous of transport to prevent any loss/damage or pilferage in transit and ensure safe arrival at destination. 21. INSPECTION: Pre Dispatch Inspection: Not Applicable Final Inspection: Final Inspection of the consignment shall be carried out at the destination stores, which will be arranged by the consignee on receipt of stores at the consignee s end.
- 5-22. Detail of location of: a. Works: M/s Shree Yash Trading Co, 1/12, ROWLAND ROAD, KOLKATA-700020. b. Supply of materials: M/s Shree Yash Trading Co, 1/12, ROWLAND ROAD, KOLKATA-700020. c. After Sales Service: Carl Zeiss India (Bangalore) Pvt. Ltd., Jasmine Tower 4 th Floor, Unit No. 403 A & 403 B, 31 Shakespeare Sarani, Kolkata 700017. 23. RISK PURCHASE: In the event of failure of supplier to deliver or dispatch the stores within the stipulated date/period of supply order, or in the event of breach of any of the terms and conditions mentioned in the supply order, Central Coalfields Limited have the right to purchase the stores from elsewhere after due notice to the defaulting supplier at the risk and cost of the defaulting supplier. It is mentioned clearly that in the event of failure of supplier as detailed above, the cost of risk purchase exercise may be recovered from the bills against any other supplies pending at CCL and also in any other Subsidiary Company/Coal India Limited. 24. LIQUIDATED DAMAGES: In the event of failure to deliver the stores in case of FOR Destination contract within the stipulated date/period in accordance with the specification mentioned in the supply order and in the event of breach of the terms and conditions mentioned in the supply order, CCL reserve its right:- a) To recover from the supplier as agreed liquidated damages a sum not less than 0.5% of the price of any store which the successful tenderer has not been able to supply the aforesaid for each week or part of a week during which the delivery of such stores may be in arrears subject to a ceiling of 10%. Wherever felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the Materials Management Division. b) To purchase from elsewhere after due notice to the supplier on the account and at the risk of the defaulting supplier the stores not supplied or other of a similar description without cancelling the supply order in respect of consignment not yet due for supply. c) To cancel the supply order or a portion thereof and if so desired to purchase the stores at the risk and cost of the defaulting supplier and alsod) To extend the period of delivery with or without penalty as may be considered fit and proper. The penalty if imposed shall not be more than the agreed liquidated damages referred to in clause (a) above. e) To forfeit the security deposit in full or in part. f) Whenever under this contract, a sum of money is recoverable from and payable to the supplier, CCL shall be entitled to recover such sum by appropriating in part or in whole for deducting any sum or at any time thereafter may become due to the supplier in this or any contract. Should this sum be not sufficient to cover the full amount recoverable, the supplier shall pay CCL on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase. 25. FORCE MAJEURE CONDITIONS: If the execution of the Contract/supply order is delayed beyond the period stipulated in the supply order, as a result of outbreak of hostilities, declaration of an embargo or blockade or fire, flood, acts of nature or any other contingency beyond the suppliers control due to act of God, then CCL may allow such additional time by extending the delivery period as considered to be justified by the circumstances of the case and its decision will be final. If additional time is granted by CCL, the supply order shall be read and understood as if it had contained from its inception the delivery date as extended. Power Failure / Cuts cannot be taken as Force Majeure Conditions. The supplier will advise, 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 last out of force majeure, CCL will reserve the right to cancel the contract, and provisions governing termination of contract as stated in the bid documents will apply. For delay arising out of Force majeure, the supplier 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 CCL nor the supplier shall be liable to pay extra cost provided it is mutually established that the force majeure conditions did actually exist. 26. PRICE FALL CLAUSE: It will be a condition of the order that all through the currency the prices, at which the successful tenderers shall supply the stores, shall not exceed the lowest price charged by them to any other agency including
- 6- DGS&D. In the event of Price going down, the supplier shall promptly pass on such information to enable this Company to amend the ordered rate. 27. LOWEST PRICE CERTIFICATE: You will certify on the body of the bill that the price (s) charged by you for the items covered in the bill is the lowest and is the same as applicable to other Government Departments/ Undertakings/ Other Organisations in the following format: It is certified that the price charged in this invoice does not exceed the lowest price at which we sell or offer to sell the stores of identical description to any other organization during the period of contract. 28. IDENTIFICATION MARK: Name of manufacture is required in the form of embossing or sticker plate, on the equipment. 29. JURISDICTION OF COURT: Any dispute arising out of or in respect of the contract will be subject to the Jurisdiction of Ranchi Court Only. The supply order is concluded with this issuance. However, a copy of supply order should be returned duly stamped and signed within 15 days from the date of supply order as a token of acknowledgement and acceptance of the same. However, if we do not receive the signed copy of the said supply order, it will be presumed that you have accepted the supply order as per terms & conditions stipulated above. All other terms and conditions shall be as per NIT. Yours faithfully, For & on behalf of CENTRAL COALFIELDS LIMITED (Awni Nandan) Asst. Manager (MM) (RKL Reddy) General Manager (MM) Encl: Annexure I (Technical Specification) Annexure II (Integrity Pact) Annexure III (General Terms & Conditions of supply of stores) Annexure IV (Certificate from a Practising Chartered Accountant) Copy to:- The GM(Pur/HOD) HQ, CCL, Ranchi The GM(Fin) HQ, CCL, Ranchi, BC details (BGT/PP/CB/17-18/Naisarai Hospital/21(226) dated 19.08.2017 for 44,80,489.63) GM (S&IC), CCL, Ranchi- : In reference to Ind. Regn. No. as mentioned below- Sl.No. Indent Reg No. Item Description Area 1. 072 Dated 26.08.2015 Operating Microscope CMS, Central Hospital, Naisarai, CCL, Ramgarh The CMS, Central Hospital, Naisarai, CCL, Ramgarh, Indent no. NIL dated 17.10.2014 for procurement of Operating Microscope. The AFM, CCL-HQ, Ranchi The Depot Officer, Central Stores, Barkakana CCL, Ramgarh (Jharkhand). The FM(P) / FM(O) / Dy. Chief Finance Manager(Hq),CCL,Ranchi. The General Manager (MM), NCL / BCCL / ECL / SECL / WCL / MCL/NECL. Progress Cell (M.I.S.) Cell / Master File / Guard File. The IEM (Sri Chaman Kumar, IAS (Retd.), Bungalow No. 80, New Moti Bagh, New Delhi - 110023.) M/s Carl Zeiss India (Bangalore) Pvt. Ltd., Jasmine Tower 4th Floor, Unit No. 403 A& 403 B, 31 Shakespeare Sarani, Kolkata 700017. (Awni Nandan) Asst. Manager (MM) (RKL Reddy) General Manager (MM)