Haryana Agro Industries Corporation Ltd

HARYANA AGRO INDUSTRIES CORPORATION LTD. CHANDIGARH

SCO 811-12, Sector 22-A, Chandigarh.

Phone :2707879,2701025 Fax : 0172-2701581

Tender Form No.______Cash Receipt No.______

Last date for the submissionDate:

of tender 02.04.2004 upto 12.30 pmAmount: Rs.100/-

TERMS & CONDITIONS

1. Tenders must be accompanied by an earnest money of 2% of the total order value in the form of cash/ demand draft drawn in favour of Haryana Agro Industries Corporation Limited, payable at Chandigarh. Tenders received without earnest money or with earnest money in any other form shall be liable to be summarily rejected. Other amounts lying payable are not adjustable towards Earnest Money for this tender.

2. Earnest money of successful tenderer shall be adjusted towards his security deposit for satisfactory execution of the order and shall be liable for forfeiture if the successful tenderer rasiles in any manner. The earnest money of unsuccessful tenderers will be refunded after the finalization of the tenders.

3. The successful tenderer shall be required to deposit cash security equal to 5% of the total value of the order within 7 days of the receipt of the supply order, including the earnest money, failing which it shall be lawful for the Corporation to forfeit the security and purchase the goods at the risk and cost of the tenderer.

4. No interest will be payable on the earnest money and /or security deposits.

5. The rates of the above mentioned materials should be quoted both in figures and in words. Rate quoted should be inclusive of all taxes and FOR destination basis, destination being any place in Haryana as may be determined by the Corporation. Any stipulation regarding variation in prices subsequently will not be acceptable.

6. The contract for supply shall be deemed to come into existence on the date the supply order is received by the party.

7. The quantity required may be reduced or increased at the sole discretion of the Corporation. In case of non/defective/ short/ delayed supplies, the Corporation shall be entitled at its sole discretion to impose penalty as per clause 9 and effect risk purchase at the cost of the tenderer and take such other measures as deemed necessary including cancellation of the contract. This will be without prejudice of the contract. Any extra expenditure incurred on such purchase or Departmental manufacture shall be recoverable in full from the tenderer in addition to the Corporation’s right or claim for liquidated damages.

8. The inspection of the goods will be carried out by the Corporation’s authorised officer before despatch.

9. The time allowed for delivery is the essence of the supply order. In case of delay in execution of the order, unless the order is cancelled by the Corporation the supplier shall be liable to a penalty @ 2% of the total value of the unexecuted order per week or part of the week subject to a maximum of 10% and the same shall be recoverable either from the Earnest money/security or from the pending bills of the tenderer or from any other amounts, deposits, securities bills etc lying with the Corporation or through a court of law, as the case may be. The decision of the Managing Director of the Corporation in this behalf shall be final and binding on the tenderer. The security deposit will, however, be refunded in full after a period of three months from complete and satisfactory execution of the contract as per terms of the supply order or after the expiry of warranty period, whichever is later.

10. Goods required to be inspected prior to despatch, if received at destination without inspection, shall not be accepted and shall be liable to be returned to the supplier at his risk and cost.

11. Payments to the extent of 90% shall be made or errection, installation & commissioning. Balance amount shall be released after final inspection/test/performance of weigh bridge.

12. The Corporation reserves the right to reject any or all tenders received, without assigning any reason. In the event of any dispute, the decision of the Managing Director of the Corporation shall be final and binding on both the parties.

13. The offers should be valid for acceptance for a period of not less than 90 days from the date of opening of tenders. In the absence of any explicit indication to the contrary, the offer will be considered to be valid for a period of 90 days from the date of opening of tenders.

14. The tender signed by a person other than the tenderer on behalf of the tenderer without disclosing his authority to do so shall not be deemed to be valid tender and shall be liable to be rejected.

15. The contract shall be deemed to have been entered into at Chandigarh and all causes of action in relation to the contract will, therefore, be deemed to have arisen within the jurisdiction of the Chandigarh Court.

16. No over writing should be made. In case of correction, if any, it should be duly signed by the signatory of the tender.

17. For each item given in the tender notice, separate tender shall be required to be submitted.

18. No tender will be considered unless and until all the documents are properly signed.

19. The tenderer will be responsible for damage(s) or loss(es) in transit and replace goods damaged within 10 days from the date of notice thereof.

20. In the case of pre-inspection, the tenderer shall provide without any extra charge all materials, tools, labour and assistance of every kind which the Inspecting officer may consider necessary for any test or examination of the goods which he may required to be made on the tender’s premises and shall pay all costs of attendant thereon. In the case of stores to be inspected at some other premises the Tenderer shall provide all facilities including testing appliances for making necessary test other than special tests or independent tests. Failing in providing these facilities on these premises for carrying out the tests, the tenderer shall also provide and deliver free of charge at such place as the aforesaid officer may direct such materials as he may required for tests by any means. If for the purpose of determining the quality of stores the aforesaid officer finds it necessary to have the stores tested at the test house or laboratory, all expenses/incidental to the test shall be borne by the tenderer. On the failure of the tenderer to pay the expenses within 10 days of the receipt of intimation in this behalf from the Inspecting Officer, the Corporation shall have the right to deduct the amount from the security deposited by the tenderer and if the amount so deducted is not deposited within 10 days of the receipt of the notice to complete the security deposit, the Corporation may treat the default as breach of agreement and proceed under clause 9 of the agreement without further notice. Further, the aforesaid officer shall have the right to put all articles or materials to such tests as he may think proper for the purpose of ascertaining whether the same are in accordance with the specifications of the order and sealed samples as mentioned in the tender and to cut our or offer destroy a portion not exceeding 2% or quantity equal to that required for sampling according to terms laid down for the material from each delivery for such purpose. The quantity so cut or off and or destroyed as aforesaid shall be replaced by the tenderer free of charge.

21. i. With every despatch of goods or materials under this contract invoices in triplicate will be prepared by the Tenderer. Invoices, induplicate, are to be sent by the Tenderer to the consignee, the duplicate to be returned by the consignee with the quantities or number received duly noted thereon and the third copy to be sent by the Tenderer to the Corporation for record. This receipt will not amount to final acceptance of the goods supplied.

ii Railway receipt will be forwarded to the consignee immediately after despatch of stores, if any damurrage charges are incurred owing to delay on the part of the tenderer in forwarding the Railway receipt, the amount of such charges will be deducted from the bill.

iii The supplier shall despatch material “Freight Paid” in all cases where their offer is FOR destination. In the event of their failure to do so a penalty of 5% will be charged on the amount paid as freight by the Corporation on their behalf.

22. This is subject to the Condition that the materials are securely packed by the supplier in sound containers and the consignment is accepted by the carriers without any adverse remarks as to the packing or the condition of the containers. In case of any adverse remarks, the responsibility of the losses in transit will rest with the tenderer.

23. Subject to these conditions, the tenderer will not be entitled to charge or to be paid for supplies broken, lost or damaged in transit. The Managing Director will be the authority to determine whether or not the breakage, loss or damage was caused through the tenderer’s negligence and the decision of the Managing Director or some other officer getting on his behalf shall be final and conclusive against the tenderer. Such rejected supplies shall be removed by the tenderer at his own expenses.

24. Packing cases, containers, gunny packages etc. which may be used for purposes of packing and which are delivered with stores will not be returned or paid for unless specially stipulated, and in that case at tenderer’s expenses.

25. Force majure clause shall not be accepted.

26. Negotiations, if required, can be held on the same day or any other day. The rates of the parties who will not be present at the time of opening of the tenders will be presumed that they have quoted their final rates & no opportunity thereafter will be provided.

27. In the event of any dispute arising out of the contract, the Managing Director, Haryana Agro Industries Corporation Limited or his nominee shall be the Arbitrator, whose decision shall be final and binding on both the parties.

28. After careful studying and understanding the conditions enumerated above, I/we, tender the rates as given in the tender form for the supply of______.

Dated:Signature of the Tenderer.

Capacity: ______

Full Address:______

of the firm.