CENTRAL COALFIELDS LIMITED

CENTRAL COALFIELDS LIMITED ( A Subsidiary of Coal India Limited ) PURCHASE DEPARTMENT Darbhanga House : Ranchi 834 001 (Jharkhand) (PBX) 2360673, 2360674CGM(MM) 2360716,2360257 Fax # (91) 0651-2360198 E.Mail hodmm@ccl.gov.in SUPPLY ORDER EMAIL/FAX/e-procurement portal Original by BY REGISTERED POST Ref No GM(Excv-P)/Engine Assy/QSK19C/Kawasaki Loader/057/195-196/14-15/ 182 dtd. 05.11.14 Item Category Firm Category Tender Category P&M /HEMM (Spares & Assy) Pvt. LTE To Cummins India Limited 35A/1/2, Erandwana Pune, Maharashtra-411038 FAX- 020-25439490, Email :- Abhijeet.K.Tapkir@cummins.com Sub: Supply of Cummins Engine Model QSK19C for Kawasaki Pay loader.. Ref: (i) E Tender No CCL/MM/GM(EXEV Pur)/Engine Assy/ 19C/ Kawasaki Loader/057 Retender / 2014 15/01 03 Dated.01.04.2014 opened on 03.05.2014, Tender id no. 2014_CCL_946_1 (ii) Your Bid Id No. 2894, Offer ref no. AOR/SL 10/2014/806 Dear Sirs, In reference to above, we hereby place Order on you for supply of subject mentioned materials. The supply shall be governed by the specification, prices, terms & conditions mentioned hereunder and also unless otherwise specified as per General Terms & Conditions enclosed herewith. 1. Scope of Supply: Sl no. Material Code Item Description quantity (Nos.) 1 12095000000 Cummins Diesel Engine model QSK 19C suitable for Kawasaki Loader as per Technical Specification Parameter as detailed in Annexure A Basic Price Incl. of Excise (Rs.) Extended Price incl f Excise (Rs.) 1 5580303.00 5580303.00 Total Extended landed value : Rs. 6331175.69 (Make/Brand Name: Cummins) Country of Origin : Cummins Inc. USA Excise duty @12.36% : Rs 574771.21 CST @2% : Rs. 123101.48 Freight. Charges : Rs. 52000.00 Insurance Charges : Rs. 1000.00 2. Basis of Price : The Basic Price, shall remain FIRM till complete execution of the order 3. PACKING & FORWARDING CHARGES: NIL. 4. Freight Charges: Payable extra against documentary evidence of transporter bill subject to maximum limit of Rs.52000/- inclusive of service tax, Cess & SH. The engines will be dispatched on freight paid basis by Road through a registered common carrier only.. 5. Insurance Charges :- Rs.1000/- inclusive of service tax, Cess & SH. 6. Excise duty:- Payable extra on Basic price at applicable rate. Present rate is 12.36% {CENVAT credit as admissible shall be availed}. You shall submit Pre-receipted and stamped Excise cum Tax Invoice showing the amount of excise duty, education cess and secondary & higher education cess at applicable rates separately. The Excise cum Tax Invoice must contain all the following information as required under rule 11 of Central Excise Rule 2002

7. Sales Tax:-CST payable extra at applicable rate. Present rate is 2% against form: C. 8. Delivery Period:- The engine assemblies are to be supplied within six months from the date of issue of order. 9. MODE OF DESPATCH: E-way Bill,MODE OF DESPATCH,: By Road transport on freight & insurance paid, door delivery basis through registered common carriers only and documentation should be done as per provision of the carriage by Road Act, 2007. In case Road Permit is required, you will have to obtain the same from consignee before dispatch. You will be required to furnish the information against the fields under sl.nos. 2 & 4 of the JVAT 504G to the consignee ( sample copy of the form enclosed as Annexure-B ) through Fax/email/hard copy immediately after readiness of the material.. Consignee shall generate way bill/e-permit on the basis of information furnished by you and a secret code is sent by SMS (system generated) to the consignor s mobile to enable them to log in the jharkhandcomtax.gov.in portal for filling up the Transport details & Invoice details & thereafter printing a hard copy of the same 10. CONSIGNEE & PAYING AUTHORITY DETAILS: Consignee Paying Authority The Depot Officer, The Area Finance Manager, Central Stores, CCL-Barkakana CS/CRS, CCL-Barkakana, Distt.Ramgarh (Jharkhand) Distt.Ramgarh (Jharkhand). 11. TERMS OF PAYMENT : 100% Payment within 21 days of receipt and acceptance of materials at destination stores or submission of bills whichever is later. N.B.: CCL shall be making payment through Electronic fund transfer /RTGS system. The relevant details as furnished by you are as follows: NAME OF THE BENEFICIARY Cummins India Ltd. ADDRESS ( WITH PIN CODE) 35A/1/2 Erandawana BANK PARTICULARS BANK NAME HDFC Bank Ltd. BANK TELEPHONE NO. 020-66027494 BRANCH NAME Bhandarkar Road BANK BRANCH CODE 000007 BRNACH ADDRESS 885, 4 th Floor, Millenium Towers, Fax No. 020-5650720 9 DIGIT MICR CODE OF THE BANK BRNACH 4 1 1 2 4 0 0 0 2 11 DIGIT IFSC CODE OF BENEFICIARY BRANCH H D F C 0 0 0 0 0 0 7 BANK ACCOUNT NUMBER 0 0 0 7 0 3 1 0 0 0 0 5 5 9 BANKACCOUNT TYPE PERMANENT ACCOUNT NUMBER (PAN) E Mail Address CURRENT A A A C C 7 2 5 8 B abhijeet.k.tapkir@cummins.com 12. SUBMISSION OF BILL(S)/Documents: : Bills for 100% value of the spares should be submitted to the Paying Authority in triplicate duly stamped and pre-receipted for arranging payment along with the following documents:- (A) Following documents duly authenticated by you, wherever required shall be submitted to the consignee: (i) Consignment note/rr/pwb in original. (ii) Challan. (iii) One copy of the Bill. (iv) Copy of Guarantee/Warranty certificate along with fitment certificate in original. (v) Price Certificate on the body of bill (vi) The following import documents are required to be submitted along with supply. i. Self attested copy of Principal s invoice / packing list along with original. ii. Self attested copy of Bill of Lading / Airway bill. iii. Self attested copy of Bill of entry along with original. iv. Certificate of origin. v. 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.

(The supplier shall 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) shall be returned after verification with attested photocopy and making endorsements on original relating to transaction made. CCL will avail CENVAT credit on admissible inputs and capital goods. You should submit Prereceipted and stamped Excise cum Tax Invoice showing the amount of CVD & SAD amount as per strength of Bill of Entry. The Excise cum Tax Invoice must contain all the following information as required under rule 11 of Central Excise Rule 2002: a) Registration no. of the Supplier. b) Address of the concerned Central Excise Division. c) Name of the consignee. d) Description of goods supplied. e) Tariff heading and sub headings f) Time and date of removal. g) Mode of Transport. h) Vehicle Registration number. i) Rate of duty. j) Quantity and value of goods, and duty payable thereon. (B) Following documents duly authenticated by you wherever applicable, should be submitted to the Paying Authority: (i) 100% bill in triplicate, duly pre receipted and stamped. (ii) Copy of the consignment note and copy of the warranty certificate. (iii) Price certificate (iv) Any other document specified in the order. SPECIAL INSTRUCTION : One copy of challan and invoice showing despatch details and other documents must be sent to this office and the office of the GM(EXCV.),CCL, Ranchi to know the dispatch particulars. 13. INSPECTION: Final Inspection will be carried out by the General Manager (Excv)/HOD/GM(CRS), CCL, Ranchi or his authorized representative on receipt of materials at consignee s end. Notice for inspection shall be given by the consignee immediately on receipt of the material. 14. PRICE CERTIFICATE : Please certify on the body of each and every bill that the prices charged are not higher than the prices charged to all other Govt. Deptt./undertakings including DGS&D. 15. GUARANTEE/ WARRANTY/FITMENT GUARANTEE: You shall give a certificate of warranty of satisfactory performance of the unit for a period of 24 months from the date of receipt & acceptance of the material at consignee store or 6000 working hours from the date of commissioning, whichever is earlier.. The supplier shall replace the defective material /pre maturely failed material free of cost within one month for indigenous goods and within three months for imported goods upon receipt of intimation from the consignee subject to acceptance during normal joint inspection held between authorized representative of firm and the concern Project/Area representative on consignee store basis and free of cost to CCL on F.O.R. destination basis and will bear all costs connected to replacement up to ultimate consignee. Fitment Guarantee:- You shall be fully responsible for proper fitment of the unit and has to certify that the offered unit will fit & function in the equipment without any modification(addition/deletion). 16. SECURITY DEPOSIT: Exempted. 17. After Sales & Service:-. You should provide service support during fitment of the unit and periodical inspection should be carried out during the warranty /guarantee period free -of costs. 18. IDENTIFICATION MARK : Identification marks i.e. Maker s name, description etc. should be embossed/engraved/punched for identification of supplied item at a visible place which is not subject to wear and tear for ease of identification at any point of time. 19. LIQUIDATED DAMAGES : The time for and the date of delivery of the stores stipulated in the Purchase order shall be deemed to be of the essence of the contract and delivery of the stores must be completed by the date specified. In the event of failure to delivery or dispatch the stores within the stipulated date/period in accordance with the samples and/or Specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, Central Coalfields Ltd. should have the right :

a) To recover from the successful tenderer as agreed liquidated damages, a sum not less than 0.5% (half percent) of the price of any stores which the successful tenderer has not been able to supply as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to 10%. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the Materials Management Division. b) To purchase elsewhere, after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in respect of the consignment not yet due for supply or (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 also (d)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 full or in part. (f) Whenever under this contract a sum of money is recoverable from and payable by the supplier, Central Coalfields Ltd. shall be entitled to recover such sum by appropriating, in part or in whole, by deducting any sum 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 the full amount recoverable, the successful tenderer shall pay Central Coalfields Limited on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase. 20. FORCE MAJEURE CLAUSE : If the execution of the contract/supply order is delayed beyond the period stipulated in the contract/supply order as a result of outbreak or hostilities, declaration of an embargo or blockade, or fire, flood, acts of nature or any other contingency beyond the supplier's control due to act of God then Central Coalfields Limited may allow such additional time by extending the delivery period, as it considers to be justified by the circumstances of the case and its decision shall be final. If and when additional time is granted by Central Coalfields Limited, the contract/supply order shall be read and understood as if it had contained from its inception the delivery date as extended. a)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 fifteen days of the occurrence and cessation of such force majeure conditions. In the event of delay lasting 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. b)for delays arising out of force majeure, the supplier will not claim extension in completion date for a period exceeding the period of delay attributable to the causes of force majeure and neither CCL nor the bidder shall be liable to pay extra costs provided it is mutually established that force majeure conditions did actually exist. 21. PRICE FALL CLAUSE : It will be a condition of the order that all through the currency the prices, at which you shall supply the stores, shall not exceed the lowest price charged by you to any other agency including DGS&D. In the event of Price going down, you shall promptly pass on such information to enable this Company to amend the ordered rate. 22. JURISDICTION : The Court at Ranchi in Jharkhand State only will have the jurisdiction to deal with and decide any legal matter or dispute whatsoever arising out of our contract. 23. ORDER ACCEPTANCE :Two copies of the order are being enclosed. Duplicate copy of order should be returned duly stamped and signed as a token of acceptance within 20 days from the date of receipt of this order. If no reply is received within the above period, it will be treated that you have accepted the order for execution. Rest all other terms will be governed by CCL s General Terms & conditions enclosed herewith as Annexure-B. Yours faithfully, for & on behalf of CENTRAL COALFIELDS LIMITED [S.Sharfuddin] Sr. Manager(P) [P.K Sinha] General Manager(Excv-P) Enclosures : 1. Technical Specification Parameters details.- Annexure-A 2. General Terms & Conditions Annexure-B 3. E-way Bill Format Annexure-C

Copy forwarded to : 1. The General Manager(MM), CCL, Ranchi 2. The General Manager(Excv),GM(Fin-P&P), CCL, Ranchi 3. The General Manager CRS, Barkakana 4. The Dy. General Manager(S&IC), CCL, Ranchi. 5. The Depot Officer, Central Stores, Barkakana -CENVAT & INPUT Tax credit as admissible shall be availed. 6. The Area Finance Manager, CS/CRS-Barkakana.-CENVAT & INPUT Tax credit as admissible shall be availed. 7. The Sr. ES to DT(Oprn, CCL, Ranchi 8. The A. Manger (Fin-P&P), CCL, Ranchi. 9. The Sr. ES to DT(Oprn), CCL, Ranchi 10. The GM (MM) s / WCL, Coal Estate, Civil Lines, Nagpur 4400001/ MCL, Anand Vihar, PO UCE, Burla, Sambalpur 768018/ BCCL,Koyla Bhawan, Koyla Nagar, Dhanbad 826001/ SECL, Seepat Road, PO No. 60, Bilaspur 495001/ NCL, P.O. Singrauli-486889/ ECL, Sanctoria, PO-Dishergarh (WB) CC: M/s Cummins Inc, 500Jackson Street Columbus, IN47201 USA, Phone 1 812 377 5000, Fax 1 812 377 3334 By Air Mail This issue as per approval of competent Authority against INDENT Reg No. Indent Reg. No GM(S&IC)/Ind./MB/Regn./12 13/057 Dted 30.07.12 & FUND CERTIFICATION of Rs.63.312 lakhs/- certified vide no. BGT/PP/CB/58/16B dtd. 27.10.14 Sr. Manager(Pur) General Manager(Excv-Pur)