Requested To Supply Following Material (S) As Per Given Terms & Conditions
Requested To Supply Following Material (S) As Per Given Terms & Conditions
Requested To Supply Following Material (S) As Per Given Terms & Conditions
Regd. Office : 39, Ambazari Layout, Nagpur - 440 010 Maharastra ( India) Duplicate Copy
PH : +91-712-224 9905 / 5570 / 7972 / 7760 Fax : +91-712-223 6660 Page : 1 of 8
E-Mail: contact@abhijeet.in Website : www.abhijeet.in
Company : ABHIJEET PROJECTS LTD. Purchase Order : 4800013660
Plant : APRL- KAIZEN POWER PLANT Purchase Order Date : 05.12.2011
Address :
Supplier : 106481
Name : ABB LIMITED Tin No.1 :
Tin No.2 :
Address : SAI RISH 5, GWANDE LAYOUT ECC No : 9502
NEAR CHATRAPATHI SQUARE Range :
NAGPUR-Maharashtra-India Collectrate :
Phone No : 0712-6461145 Division :
Fax No :
Email : ajay.parashar@in.abb.com
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
Supply of 11 KV, 1000KVA Compact Substation for Crusher Plant at Vizag for 1x300 MW coal based TPP at APSEZ Atchutapuram near
Vishakhapatnam in the State of Andhra Pradesh.
PR. No :- 40009691
PR. Dt :- 20.09.2011
1.000 14.02.2012
DETAIL SCOPE OF SUPPLY :
1.Incoming- 1 number ,11KV,25 KA,SF6 Gas Insulated,non extinsible type,Ring Main Unit(GIS) type, with 2 numbers of
Isolators as Incomer and 1 number ,630 Ampere, VCB as outgoing with self powered overcurrent and earth fault
protections with dedicated current transformer for protections. ---- QTY. 1 NOS
2. 1 NOS of 11 / 0.433 KV, dyn11, 1000 KVA ,Oil Cooled Hermatically sealed, transformer, Copper winding, Air natural
cooling, Step down Indoor type ,with off load tap changer having taps from +5% to -5% in steps of 2.5%,continuesly rated
for full load and temperature rise not exceeding 50 degree centigrade over ambient. with marshalling box.Trasnsformer
makes- ABB/EMCO/RAYCHEM RPG/VOLTAMPS/AREVA /CROMPTON ----- QTY. 1 NOS
3. LV Switchgear with 1600 A ACB as Incomer & Outgoing- 1 number,1.1KV,1250 Amp.,50KA,MDO Type, Air circuit
breakers with microprocessor based over current,short circuit and earth fault protections, complete with under volt release,
shunt trip and all accessories, 2no. 4 Pole 400 A MCCB one for Crusher Lighting& another spare, 1no. 630 A , 4 Pole ,
MCCB suppling to APFC Panel of 300 KVAR Rating. ---- QTY. 1 NOS
4. Encloser-Outdoor type, constructed from galvanised sheet steel, having IP-54 Degree of protection for HT/LT Switchgear
and IP-23 degree of protection for Cast resin transformer, exterior with polyurethine paint. Each compartment will be
provided with door and padlocking arrangement. ---- QTY. 1 NOS
I1 CST 2%, WITH ED 10.30% Gross Price 2,000,000.00
Basic Excise Duty 10.00 % 200,000.00
Sec. Education Cess 2.00 % 4,000.00
H. Sec. Education Cess 1.00 % 2,000.00
CST 2.00 % 44,120.00
Total Amount: INR 2,250,120.00
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
1. ZERO DATE:
The Zero Date shall be the date of issue of this Purchase Order which stands as 6th Dec. 2011.
2.Scope of Supply
Design, manufacture & supply of one set of outdoor 1000 KVA, 1 1KV/4 15 Volts, Compact substation comprising of Ring Main Unit (RMU), Low
voltage switchgear, hermetically sealed 1000 KVA, oil cooled type distribution Transformer, Earth- switch, as per approved SLD.
Technical data sheet is attached as Annexure-A.
The Price is for performing the entire Supply Work. The Purchase Order Value for Supply of 11KV 1000KVA, Compact substation for 1x300 MW coal
based Power Plant at APSEZ Atchutpuram near Vishakhapatnam is Rs. 22, 50, 120/- (Rs. Twenty Two Lacs, Fifty Thousand & One Hundred
Twenty Only) inclusive of all taxes & duties, charges and levies on F.O.R. Site basis.
The Purchase Order Price mentioned above is firm and inclusive Packing & Forwarding.Octroi (If applicable) shall be paid by the Supplier which will
be reimbursed to them on submission of documentary proof.
Any Statutory variation after effective date shall be Purchaser's account against relevant documentary proof.
The Prices are on Lumpsum basis , Any Materials / Equipments which is not specifically mentioned in this Purchase Order but required for the
completion of the Facility and/or for Safe, trouble free, normal operation of the Facility, shall be performed at no extra cost to Purchaser, unless
expressly excluded in the Purchase Order.
4. PAYMENT TERMS:-
ii. 10% of the Purchaser Order Price shall be paid as second advance directly by the Purchaser to the Supplier after receipt of following documents
from the Supplier:
iii. 75% Payment shall be made against material receipt at site after receipt of following documents from the Supplier:
a. Invoice in Triplicate.
b. Packing list indicating case wise details, net and gross weight, dimension, and no. of packing.
c. Two reports out of three reports as mentioned below:
> Inspection Certificate by supplier.
> Inspection/Testing duly witnessed and certified by Purchaser/Consultant.
> Waiver of inspection certificate report by Purchaser.
d. Test Certificates, issued by Supplier.
e. Technical description.
f. General compliance certificate issued by Purchaser certifying that the goods are as per Purchase Order.
g. Copy of LR (Lorry Receipt)
h. MDCC (Material Dispatch Clearance Certificate) issued by Purchaser.
iv. 10% Payment shall be made directly by the Purchaser to the Supplier after the of receipt of following documents from the Supplier:-
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
b. Performance Bank Guarantee (PBG) of 10% of the Purchase Order Price which shall remain valid till Defect Liability Period.
Purchase Order Price mentioned under Clause 3 is inclusive of all taxes & duties, charges and levies on F.O.R. Site Basis, as applicable / if
applicable, which shall be to Purchaser's account and shall be paid / reimbursed at actuals on submission of documents for the same. Any additional
levy of taxes or any benefit, refund etc. admitted by the Indian Tax Authorities shall solely be to the account of Purchaser. Sales tax shall be paid extra
at actuals on Supplier's In-house/Bought out items. Form-C shall be issued by the Purchaser.
Income tax, if applicable shall be deducted as per Income Tax rules.
Delivery Schedule shall be 11 weeks from the date of issue of Purchase Order. However for LD purposes 12 weeks from date of issue of Purchase
Order shall be considered.
Unconditional and irrevocable Bank Guarantee for Advance payment equivalent to 5 % of the Purchase Order Price (excluding Taxes) shall be
furnished by the Supplier from a scheduled bank before payment of the 5% Advance of the Purchase Order, which shall be valid till successful
Commissioning of the Plant.
A unconditional and irrevocable PBG (Plant Performance Bank Guarantee) equivalent to 10% of the Purchase Order price (excluding Taxes) shall be
furnished by the Supplier from a scheduled bank before final payment at the time of final settlement of the Purchase Order of 10 % of the Purchase
order price (check) under this Purchase Order which shall be valid up till the Defects Liability Period. PBG shall remain valid up to the Defects Liability
Period of Plant/Facilities.
The Claim Period of the Bank Guarantees shall be 60 days from the date of expiry and shall be extended provided, request for extension is submitted
before 15 days of the expiry date.
i. The Supplier shall submit his quality assurance plan, within 15 days of ordering, clearly stating the stages of inspection, methods of inspection,
formats of inspection reports, etc.
ii. Purchaser or its duly authorized representative shall have, at all reasonable times, access to Supplier's facilities and shall have the power to
examine, inspect and call for tests for material and / or workmanship during the execution of Purchase Order.
iii. All critical components of the supplies/works shall be liable for stage inspection and testing at Supplier's works/at site during various stages of
manufacturing/construction/installation. The seller shall make his internal inspection reports available to Purchaser, on demand, for deciding on need
for such stage inspections.
iv. The supplier shall notify Purchaser of any such impending inspection/performance test reasonably in advance.
v. Purchaser may depute its representative or any third party inspection agency to witness the said inspection/performance test or at its discretion may
waive the same off by a written notice.
vi. All related expenses for any such inspection/testing, except those related to deputation of Purchaser's representative, shall be to Supplier's
account.
vii. In case the component being inspected/tested fails to attain its guaranteed performance parameters, as stipulated in the Purchaser Order, the
same shall be rejected and the seller shall have to replace/repair it within an agreed time schedule.
ABHIJEET GROUP
Regd. Office : 39, Ambazari Layout, Nagpur - 440 010 Maharastra ( India) Duplicate Copy
PH : +91-712-224 9905 / 5570 / 7972 / 7760 Fax : +91-712-223 6660 Page : 4 of 8
E-Mail: contact@abhijeet.in Website : www.abhijeet.in
Company : ABHIJEET PROJECTS LTD. Purchase Order : 4800013660
Plant : APRL- KAIZEN POWER PLANT Purchase Order Date : 05.12.2011
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
viii. Any stage inspection by Purchaser's representative shall not absolve the supplier of any of his contractual obligations including demonstration of
performance of the said equipment at site.
11.LIQUIDATED DAMAGES:-
A. LD due to Delay
i. Goods will be deemed to have been delivered only when all the components and part are also delivered including spare parts and tools and tackles.
If certain components are not delivered in time, the Goods will be considered as delayed until such time the missing parts are also delivered.
ii. In the event of delay by the Supplier in complying with the Completion Schedule under the Scope of the Purchase Order due to the reason
attributable to the Supplier, the Supplier shall be liable to pay LD (Liquidated Damages) @ 0.5% of the Purchase Order Price for each completed week
of delay or part thereof subject to a maximum of 7.5% of the Purchase Order Price.
iii. Supplier shall undertake to pay the LD at the rates stipulated above without requiring the Purchaser to prove actual loss or damage.
iv. LD payable by the Supplier shall be deducted by the Purchaser from any outstanding payments due to the Supplier.
v. In case of delay in delivery reason not attributed to Supplier or reasons of Force Majeure or reasons not effecting the Purchaser performance then
Supplier may request for LD waiver based on the facts.
i. Supplier shall after proper painting, pack, and crate all equipment in such a manner so as to protect them from deterioration and damage during rail
and road transportation to the site and storage at site till the time of erection. The Supplier shall be held responsible for all damages due to improper
painting, packing and crating.
ii. The Supplier shall notify the Purchaser of the date of dispatch of every consignment from his works and the expected date of arrival at the site.
iii. The Supplier shall also give all dispatch information concerning the weight, size and content of each package including any other information the
Purchaser may require.
iv. The following documents shall be sent by courier/fax to the Purchaser within three (3) days from the date of dispatch of each consignment:
1. Invoice :- 4 copies
2. Packing List :- 3 copies
3. Material Dispatch Clearance Certificate (MDCC) issued by Purchaser prior to effective dispatch :-2 copies
4. Test Certificate :- 3 copies
5. O & M manuals :- 3 nos. of hard Copy & 1 no. of soft copy
6. LR/GR Details :- 3 copies
The Warranty Period shall be for a period of Eighteen (18) months from the date of Commissioning or Twenty four (24) months from the date of
Supply, whichever is earlier. The supplier shall be liable to replace / upgrade at his own cost and expenses with the specific content of the Purchases,
any defective parts in the Goods supplied by them and rectify all defect in Workmanship relating to erection and commissioning of the goods, under
the Purchase Order arising during the Defect Liability Period.
At the end of the Defect Liability Period, the Suppliers liability ceases except for Latent Defects. "Latent Defects" are inherent defect in design,
workmanship or material which have surfaced after the Defect Liability Period and which could not be found during normal checking and which may
hinder or endanger the normal operation of equipment. Supplier will make good such default which shall appear during said period in case such defect
ABHIJEET GROUP
Regd. Office : 39, Ambazari Layout, Nagpur - 440 010 Maharastra ( India) Duplicate Copy
PH : +91-712-224 9905 / 5570 / 7972 / 7760 Fax : +91-712-223 6660 Page : 5 of 8
E-Mail: contact@abhijeet.in Website : www.abhijeet.in
Company : ABHIJEET PROJECTS LTD. Purchase Order : 4800013660
Plant : APRL- KAIZEN POWER PLANT Purchase Order Date : 05.12.2011
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
is brought to the notice of the Supplier within 30 days after it has been noticed by the Purchaser. The provision of latent defects as above shall be
applicable up to the end of Five (5) years from the date of expiry of the Defects Liability Period.
15.OVERALL LIABILITIES
Notwithstanding anything contained herein, neither party shall be responsible for or liable to the other party for indirect/consequential losses and
damages suffered by such party including without limitation loss of use, loss of profit whether such. ABB's liability in this Purchase Order including
Liquidated Damages or all the matters shall be limited to 100% of Purchase Order Price.
16.FORCE MAJEURE
The Supplier shall not be held responsible for any delay, loss or damage arising from any cause, matter of thing beyond the Supplier's/sub-suppliers
reasonable control, including, without prejudice to strikes, lockouts, go-slow, delays in approvals of drawing, rejection of any important part of work,
default of sub supplier in supplying the parts/raw materials, lack of transportation facilities, inability to obtain necessary labour or materials, official
prohibition of transit of goods, requisition by legal authorities of personal property, movable or immovable, restriction in power supply or any other
action of the govt., riots, war or warlike conditions, acts of nature or God such as epidemics, floods, earthquakes, fires, etc., whether such delay or
impediment occurs before or after the time or extended time for despatch or completion. In case the supply is affected by the force majeure conditions,
Supplier shall intimate the Purchaser, within a reasonable time , of such occurrence and suitable extension to the delivery time shall be granted.
17. ARBITRATION
i. Any disputes or differences arising out of, in connection with or in relation to this PURCHASE ORDER ("Disputes") shall in the first instance be
attempted to be resolved amicably by negotiations in good faith between the Parties.
ii. However, in case any Dispute or Disputes cannot be amicably resolved/settled within 30 days, the same shall be referred to arbitration.
iii. Arbitration shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act 1996 as amended from time to time.
iv. Upon the failure of the negotiation process as set out in clause i & ii above, either Party may seek the reference of the Dispute/Disputes to
arbitration by serving upon the other a written demand that such matter be arbitrated. Written demand shall include a brief description of the
Dispute/Disputes and shall specify the name and address of an arbitrator selected by him. The other Party shall within 20 days of receipt of the
arbitration demand select his arbitrator and provide the name and address of such arbitrator to the demanding Party and his arbitrator. The two
selected arbitrators shall within 15 days of the selection of the second arbitrator select the third arbitrator. In case the two arbitrators are not able to
agree on the third arbitrator, the same shall be appointed as per the Indian Arbitration and Conciliation Act 1996 as amended from time to time.
v. The place of arbitration shall be Mumbai/Bangalore India and the laws applicable to the arbitration procedures shall be in accordance with the laws
of India. The English language shall be used throughout the arbitrage proceedings. The Parties and the arbitrators shall proceed with the arbitration
expeditiously and shall use their best endeavours to conclude the Arbitration within 90 days from the date of start of Arbitration proceedings.
vi. The decision of any two of the three arbitrators shall be final and binding. The parties agree that the decision and any award rendered by the
arbitrators in connection with a Dispute:
a. Shall be final and binding on the Parties.
b. Shall be the sole and exclusive remedy between the Parties regarding the Dispute. The arbitration expenses shall be borne as per the award of
arbitration if same are given in the award of arbitration else same shall be borne by the losing party.
i. The title of all equipments, goods etc. covered under Purchase Order for Supply shall pass to Purchaser when delivered over the ships, rail, at the
port of export in the country of origin. Provided however, such passing of title of Ownership to Purchaser shall not in any way absolve, diminish, or
dilute the responsibilities and obligations of Supplier.
ii. The title of all equipments, goods etc covered under this Purchase Order shall pass to Purchaser during the transport of such Goods from the
Supplier's/manufacturer's premises to the Purchaser's Site by endorsement of documents of title by Supplier in favour ofPurchaser. Provided,
however, such passing of title of Ownership to Purchaser shall not in anyways absolve, diminish, or dilute the responsibilities and obligations of
Supplier.
iii. Transfer of title shall not also mean acceptance and consequent Take-Over of the equipments, goods etc. Supplier shall continue to be responsible
for all the risk and liabilities including risk to, quality and performance of such equipments, materials or goods and for their compliance with the
Performance Guarantees and the Technical Specifications.
iv. Supplier shall ensure warrants that all equipment and materials etc. supplied shall be free from any defects, lien, encumbrance or charge.
v. All drawings, specifications, calculations, data, reports and other documents, like Operations & Maintenance manuals etc. as well as information,
improvements in connection with the Project or prepared by or supplied to Purchaser by Supplier shall be the property of Purchaser. No rights or
license is granted respecting the use of the same and title thereto and all intellectual property rights therein shall belong to in Purchaser at all times.
ABHIJEET GROUP
Regd. Office : 39, Ambazari Layout, Nagpur - 440 010 Maharastra ( India) Duplicate Copy
PH : +91-712-224 9905 / 5570 / 7972 / 7760 Fax : +91-712-223 6660 Page : 6 of 8
E-Mail: contact@abhijeet.in Website : www.abhijeet.in
Company : ABHIJEET PROJECTS LTD. Purchase Order : 4800013660
Plant : APRL- KAIZEN POWER PLANT Purchase Order Date : 05.12.2011
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
The work Schedule may be adjusted by Purchaser during the course of the performance of the work and obligations by Supplier which shall not be
reduced from the stipulated time limits. Supplier shall perform its obligation and execute project in accordance with the aforesaid work Schedule and
shall not make any alterations in the work Schedule without the prior written approval of Purchaser. Purchaser will perform its obligation and so
organize the resources and enter into sub-contracts in such manner so as to complete the Project in accordance with the work Schedule.
20.INSURANCE:
i. Supplier needs to take Workmen Compensation policy for their workmen engaged in Purchase Order works and has to attach the same with
Endorsement no. 140 in favour of the principal (as per W.C Insurance tariff).
ii. Supplier also has to take suitable insurance policy for his owned vehicles, plant & machinery that has been deployed by him at the site for execution
of the Purchase Order work.
iii. Purchaser will not be responsible for any damages/losses that occurs to the Supplier's vehicles, plant & machinery during execution of the
Purchase Order work. Purchaser has already taken an Erection All Risk and Marine Insurance policy for the project covering material transit insurance
& erection risk which also takes care of the interest of the Supplier & sub-suppliers involved in the project. Hence no such policy needs to be taken by
any Supplier/Vendor.
iv. Any claims arising out of damage to materials while in transit or during execution of Purchase Order should be immediately reported to principal for
processing of claim with insurance companies.
Supplier shall not assign or sub-contract any part or whole of this Purchase Order without the previous consent in writing of Purchaser. Any
permission given by Purchaser as above shall not diminish Supplier's responsibility for performance under this Purchase Order in totality.
This Purchaser Order shall be construed in accordance with and governed by the Laws of India and in the event of any disputes the courts at Nagpur,
India shall have exclusive jurisdiction to adjudicate on any and all matters arising out or concerning this Purchase Order.
23. CONFIDENTIALITY
Both Parties must maintain strict confidentiality in relation to all information provided by the Purchase Order and shall not divulge all or any aspect of
the either parties confidential Information to any other person. One Party must not use the other parties confidential Information other than for this
project.
In the event of any likely failure or failure on Supplier's part to execute the Purchase Order as per the terms mentioned therein, Purchaser shall be at
liberty to either:
i. Continue the Purchase Order with payment of liquidated damages; or
ii. Engage any other agency, parallel to the Supplier, to complete part
of the balance supply / work at the risk and cost of the Supplier; or
iii. Cancel the Purchase Order and get the balance work done from any other agency at the risk and cost of the Supplier;
Supplier shall provide 2 Mandays supervision at free of cost during Erection & Commissioning of the Supply.
Supplier shall provide free of charge, training to the engineers and technicians of Purchaser at Purchaser's Site after Erection and Commissioning.
Cost of Travel lodging and boarding shall be to the account of Purchaser.
26.LANGAUAGE:
All Letters, Report, Notification, Documentation and other communication between Supplier and Purchaser shall be in English Language only.
27.CONSEQUENTIAL DAMAGES
ABHIJEET GROUP
Regd. Office : 39, Ambazari Layout, Nagpur - 440 010 Maharastra ( India) Duplicate Copy
PH : +91-712-224 9905 / 5570 / 7972 / 7760 Fax : +91-712-223 6660 Page : 7 of 8
E-Mail: contact@abhijeet.in Website : www.abhijeet.in
Company : ABHIJEET PROJECTS LTD. Purchase Order : 4800013660
Plant : APRL- KAIZEN POWER PLANT Purchase Order Date : 05.12.2011
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
Notwithstanding any provision of the Contract to the contrary, neither Supplier shall be liable to the other for any kind of special, incidental, indirect
and/or Consequential Damages whatsoever, such as but not limited to loss of use, loss of profits, loss of production and contracts irrespective of the
legal basis for any such claim.
The Purchaser shall have the right at any time to terminate the Purchase Order by giving 30 days prior notice in writing to Supplier without assigning
any proper reason thereof. In this case the Purchaser shall pay the Supplier that portion of the termination cost which corresponds to:
i. The supplies and services already delivered plus
ii. Verified direct cost related to work in progress by the Purchaser.
iii. In the event that the Work Order for Civil & Structural Works and the Work Order for Erection & Commissioning are terminated pursuant to the
provisions of that Work Order for whatever reason, the Parties hereby agree that this Purchase Order shall also stand terminated. The Purchaser shall
forthwith give notice of such termination to the Supplier. Such termination shall be, without prejudice to the rights of the Parties accrued to the date of
termination.
iv. After the supplier has been notified of the termination, it shall make every effort to minimise all costs & compensation arising there from.
Billing Address:
A) At Site
1) Mr. G. Vijayaraghavan
Mb: - 09347139514
Email : - g.vijayaraghavan@abhijeet.in
1) Mr. B. C. Sahoo
Mb:- 9370472621
Email :- bairahi.sahoo@abhijeet.in
REQUESTED TO SUPPLY FOLLOWING MATERIAL (S) AS PER GIVEN TERMS & CONDITIONS
We request you to sign the duplicate copy of this WO as a token of your unconditional acceptance of the mutually agreed terms & conditions and
return a duly signed copy of the same to us. Kindly note that if acceptance of this document doesn#t reach the Owner within 7 days from the date of
issue of this WO it is deemed that the WO is accepted to the Contractor unconditionally.
(Authorized Signatory)