Information TechnologyThe HHEC of India Ltd.

HHEC/Tally ERP9/FinAc (A Govt. of India Undertaking)

General Terms & Conditions:

  1. Implementer/Contractor who will quote lowest price, this offer will be given to them.
  2. The Company have reserve right to accept or reject any proposal without stating any reason.
  3. The work is to be commenced within one week and Time for completion for all the works shall be 6 weeks from the date of Work order, whichever is earlier.
  4. The work shall be executed strictly as per the Time Schedule. The period of completion of work includes the time required for studying HHEC accounting requirements, installation, configuration, implementation, Customization, testing, rectification, training, successful & satisfactory implementation and completion in all respects to the entire satisfaction of the owner.
  5. Implementer/Contractor should quote their price inclusive of all.
  6. The company reserves the right to release work order in part / full within validity.
  7. Penalty for Late Execution/ Completion of Work:The entire job shall be completed within stipulated period, failing which penalty shall be levied @ 0.5% per week for every week of delay or part of thereof over the stipulated period for balance activities, subject to maximum of 5% of contract value.
  8. Security: A PDC equivalent to 40% of contract value is required to be given and also an undertaking is required in this regard.PDC will be drawn in favour of “The HHEC of India Ltd.”
  9. The Implementer/Contractor shall be deemed to have satisfied himself before quoting as to the correctness and sufficiency in the Schedule of Rates, which shall cover all obligations under the contract and all matters and things necessary for proper completion of the works.
  10. Terms of Payment:All payment to be made through Cheque or NEFT mode. If provide any software Module (Tally ERP9 Platinum edition etc.)that cost would be released upfront and balance payment for training, installation, configuration, chart of accounts, masters preparation, including configuration and thorough testing of all the menus / submenus / options / documents /masters/ reports / access rights etc., for the actual / live data and demonstrates the working and correctness of the same to the full satisfaction of the user of HHEC accounts division and other related works. Totalwould not be more than 80% of the contract value.Balance 20% to be retained for final payment.
  11. Final Payment: The balance payment of 20% of the contract value shall be released after the work have been completed and following requirements are met
  • Completion certificate from owner on satisfactory implementation commissioning of tally ERP 9 and customization of accounting & finance module and handover the relevant documents.
  • Any outstanding dues of contractors on whatsoever account will be deducted from this payment and also the amount of liquidated damages, if any, shall also be deducted from this payment.
  1. Taxes: Income Tax deductions will be made from all payments made to the Contractor as per rules and regulations in force in accordance with the Income Tax Act prevailing from time to time.
  1. Limitation of Liability:

Notwithstanding anything to the contrary elsewhere contained in this or any other contract between the parties, neither party shall, in any event, be liable for (1) any indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, loss of data, business interruption, and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages; or (2) damages relating to any claim that arose more than one year before institution of adversarial proceedings thereon. Subject to the above and notwithstanding anything to the contrary elsewhere contained herein, the maximum liability of ‘Indentified Vendor’ shall be, regardless of the form of claim, the consideration actually received by ‘Indentified Vendor’ for the statement of work under which the claim arises.

  1. Term and Termination:

Either party may, without cause, terminate the entire Agreement upon written notice of three (3) months to the other. Either party may also terminate the Agreement upon written notice to the other in the event that: (a) the other party commits a material breach of the Agreement or Statement of Work and fails to cure such default to the non-defaulting party’s reasonable satisfaction within thirty (30) days after receipt of notice (or ten (10) days in the event of non payment by Company); or (b) the other party becomes insolvent or bankrupt, assigns all or a substantial part of its business or assets for the benefit of creditors, permits the appointment of a receiver for its business or assets, becomes subject to any legal proceeding relating to insolvency or the protection of creditors’ rights or otherwise ceases to conduct business in the normal course; provided that this right to termination shall not apply if the other party is ordered to be wound up by the court for the purpose of a bona fide reconstruction or amalgamation.

In the event of termination of a Statement of Work hereunder, Company shall pay ‘Indentified Vendor’ (1) all fees as specified in the Statement of Work and expenses up to the effective date of the termination, including work in progress, and including the applicable notice period irrespective of whether Company requires ‘Indentified Vendor’’s services during same; and (2) ‘Indentified Vendor’’s demobilization costs, transition costs, and other unrecoverable costs, unless such termination was due to ‘Indentified Vendor’’s material breach. If this Agreement is terminated before all Statements of Work executed hereunder are terminated or completed, the terms of this Agreement shall remain in full force until the termination or completion of such Statements of Work.

  1. Fraud and Corruption: It is required that contenders participating in the project adhere to the highest ethical standards, both during the selection process and throughout the execution of a contract.

Formats:

The Implementer/ Contractor shall apply with the following form for giving details:

  1. List of technical staff
  2. Experience questionnaire
  3. Details of the present commitments by the Implementer/Contractor.
  4. Time Schedule
  5. Understanding the scope of work confirmation

Form – 1

List of Technical Staff

Sr.
No. / Name and Designation / Age / Qualification / No. of Yrs.
Experience / Nature of work
Experience

The proposed staff mentioned as above will be deputed on the project.

Signature by Implementer/Contractor

(With Company Stamp/Seal)

Form – 2

Experience Questionnaire

The Implementer/ Contractor has completed the following major similar projects:

Owner’s name
& name of
place where
project has
been executed / Brief
description
of the
nature of job done / Value of
the
work (Approx.) / Duration
of the
work / Whether the
work has been
done in
partnership or
independently
(1) / (2) / (3) / (4) / (5)

Signature by Implementer/Contractor

(With Company Stamp/Seal)

Form – 3

Details of Present Commitments of the Implementer/Contractor

Full Particulars of the works under execution / Value of
contract / Date of
commencement
of contract / Completion
time as
stated in Contract
(Weeks) / %
Complete
as on date / Remarks
(1) / (2) / (3) / (4) / (5) / (6)

Signature by Implementer/Contractor

(With Company Stamp/Seal)

Form – 4

Time Schedule

Name of work / Time of
completion
  1. Upgradation from Tally9 to Tally ERP9, Entire Networking
  2. ImplementationofEntireAccounting (including Bullion) & Finance, Payroll, Fixed Assets Module
  3. Customization as per needs of the Corporation
  4. Corporate Training (2 hrs per day with at least 24 Session)
  1. Maintenance: Comprehensive Annual Maintenance Contract for one year from date of successful completion of the project
/ 6 weeks
During / Post implementation

Note:

The time indicated above is for completing all the work in all respects.The Implementer/Contractor may indicate if the time schedule mentioned above can be improved upon by him.

The time shall be reckoned from the date of award of contract or the date of letter of intent/work order whichever is issued earlier.

Signature by Implementer/Contractor

(With Company Stamp/Seal)

Form – 5

Understanding the scope of work and agreed to General Terms & condition confirmation

This is to certify that we have understood the scope of work with respect to implementation and customization of EntireAccounting (including Bullion) & Finance, Payroll, Fixed Assets Moduleof Tally ERP 9 (latest version) software package with Training, the project requirement and job site and agreed to your enclosed general terms & conditions.

Signature by Implementer/Contractor

(With Company Stamp/Seal)

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