Po 4517839365
Po 4517839365
SELLER BUYER
ARGUS EMBEDDED SYSTEMS PVT LTD Halliburton Tech India Pvt Ltd Sai Radhe,
Plot No :36,1st Floor, Phase-III, K Plot # 100+101,
Hyderabad, TG 500073 Suite # 400, Kennedy Road,
India 411001 Pune MH
IN
Contact: Phone: 91 20 40158000
Phone: 7093535378 Fax: 91 20 40158199
Fax: Contact: INProcSupport
Vendor No.: 1295293 Buyer email:
Vendor GSTIN:36AAJCA3639B1ZX Sunanda.Ramagondi@halliburton.com
agreed terms.
3. Delivery:
3.1) The Contractor must deliver the goods to the delivery address by the delivery date.
3.2) The Contractor must ensure that the goods are suitably packed to avoid damage in
transit or in storage.
3.3) Packages must be marked with the Purchase Order number, item number, destination,
contents, quantity, date and method of dispatch and weight of each package.
3.4) Halliburton will accept 2 days early & zero days late delivery to the vendor.
3.5) Late delivery charges will be applicable @ 1% of total invoice value per week and
will be deducted directly from the payment if not delivered as per agreed terms and
delivery date mentioned in the PO.
4. Invoicing:
4.1) Issue valid tax invoice based on our PO mentioning same description of
product/services, quantity, PO number or Agreement number, delivery note number and
correct valuation with relevant taxation details.
4.2) Deliver invoices directly to below given address within Six (6) working days along
with all relevant acknowledgment receipts signed by Halliburton representative:
Kind Attn.: Materials Dept.
Halliburton Offshore Services Inc.
16th & 17th Floor, Commerz II, International Business Park, Oberoi Garden City, Off
Western Express Highway, Goregaon (East), Mumbai – 400 063, INDIA
4.3) Include below TAX details in your invoice(s).
a) If GST is applicable, Invoice should state Tax Invoice and there should be GSTIN along
with other details as mentioned in Rule 46 of the Central Goods and Services Tax (‘CGST’)
Rules, 2017.
d) It is mandatory to specify the PAN # on the invoices by the vendor as per law.
In absence of the PAN GSTIN on the invoice, taxes will be deducted as per law on the
total invoice value.
REMUNERATION AND TERMS OF PAYMENT
a) CORPORATION shall pay to CONTRACTOR for the goods or services, to be provided by the
CONTRACTOR as per the Scope of Work, as per the Price Schedule. The rates payable, shall
be firm during the entire CONTRACT period, including extension period, if any.
b) Invoices with original supporting documents duly countersigned by the CORPORATION's
representative / will be submitted on monthly basis by the CONTRACTOR to CORPORATION and
payment shall be made within 60 days from the date of receipt of invoice at the above
office. (At start of contract, Contractor to provide the bank details for remittance as
per Annexure___)
d) The CONTRACTOR should provide tax invoice issued in terms of Section 31 of the CGST
Act, 2017 and Section 20 of the Integrated Goods and Services Tax Act, 2017. Payment
towards the components of GST, etc. shall be released by Halliburton only against
appropriate documents. Further, GST charged by the contractor for the supply should be
paid to the Government by the Contractor.
The tax invoices as per above provisions should invariably contain the following
particulars:
i. name, address and Goods and Services Tax Identification Number of the supplier along
with Contract reference number;
ii. a consecutive serial number not exceeding sixteen characters,
iii. date of its issue;
iv. name, address and Goods and Services Tax Identification Number or Unique Identity
Number, if registered, of the recipient;
v. name and address of the recipient and the address of delivery, along with the name of
the State and its code, if such recipient is un-registered and where the value of the
taxable supply is fifty thousand rupees or more;
vi. name and address of the recipient and the address of delivery, along with the name of
the State and its code, if such recipient is un-registered and where the value of the
taxable supply is less than fifty thousand rupees and the recipient requests that such
details be recorded in the tax invoice;
vii. Harmonised System of Nomenclature code for goods or services;
viii. description of goods or services;
ix. quantity in case of goods and unit or Unique Quantity Code thereof;
Purchase Order Reprint
(Includes All Changes as of 03/10/2025 00:24:42)
Halliburton Technology India
PO Number: 4517839365 Orig. PO Date: 11/28/2024 Page 3 of 9
CORPORATE TAX:
The CONTRACTOR shall bear all direct taxes, levied or imposed on the CONTRACTOR under the
laws of India, as in force from time to time.
a) The CONTRACTOR shall also be responsible for ensuring compliance with all provisions
of the direct tax laws of India including, but not limited to, the filing of appropriate
Returns and shall promptly provide all information required by the CORPORATION for
discharging any of its responsibilities under such laws in relation to or arising out of
the CONTRACT.
b) Tax shall be deducted at source by Halliburton from all sums due to an Indian Tax
Resident CONTRACTOR in accordance with the provisions of the Income Tax Act, 1961, as in
force at the relevant point of time.
c) A non-resident CONTRACTOR i.e., a CONTRACTOR who is not an Indian Tax Resident
according to the Indian Income Tax Act, 1961, has to obtain by their own Tax order as
required u/s 195 (2). Halliburton shall deduct tax at source in accordance with the
directions contained in the Order u/s. 195(2), as in force at the point in time when tax
is required to be deducted at source.
d) As per the provisions of Section 206AA of Indian Income Tax Act, 1961, effective from
01.04.2010, any person entitled to receive any sum or income or amount, on which tax is
deductible under the provisions of Act, is required to furnish his Permanent Account
Number (PAN) to the person responsible for deducting tax at source. Therefore, in case
the CONTRACTOR does not furnish its PAN, CORPORATION shall deduct tax at source as
provided in the Income Tax Act, 1961, or in the relevant Finance Act, or as directed in
the orders u/s 195(2), as the case may be, or at such higher rate as may be required by
Section 206AA of Indian Income Tax Act, 1961, from time to time.
e) The employees of such foreign companies / concerns / Joint Ventures, their
sub-contractor and assignees are also required to comply with various Direct tax laws of
India, as applicable.
f) For the lapses, if any, on the part of the CONTRACTOR and consequential penal action
taken by the Income Tax department, the CORPORATION shall not take any responsibility
whether financial or otherwise.
Assignment:
The CONTRACTOR shall not, save with the previous consent in writing of the Halliburton,
sublet/sub-contract, transfer or assign the CONTRACT or any part thereof in any manner
whatsoever. However, such consent shall not relieve the CONTRACTOR from any obligation,
duty or responsibility under the CONTRACT and CONTRACTOR shall be fully responsible for
the services hereunder and for the execution and performance of the CONTRACT.
Modification in CONTRACT:
All modifications leading to changes in the CONTRACT with respect to technical and/or
commercial aspects, including terms of delivery, shall be considered valid only when
accepted in writing by Halliburton by issuing amendment to the CONTRACT. Halliburton
shall not be bound by any printed conditions, provisions in the CONTRACTOR's BID, forms
of acknowledgement of CONTRACT, invoice, packing list and other documents which purport
to impose any condition at variance with or supplement to CONTRACT.
SAFETY AND LABOUR LAWS:-
CONTRACTOR shall comply with the provision of all laws including Labour Laws, rules,
regulations and notifications issued there under from time to time. All safety and labour
laws enforced by statutory agencies and by Halliburton shall be applicable in the
performance of this CONTRACT and CONTRACTOR shall abide by these laws.
CONTRACTOR shall take all measures necessary or proper to protect the personnel, work and
facilities and shall observe all reasonable safety rules and instructions.
The CONTRACTOR shall report as soon as possible any evidence which may indicate or is
likely to lead to an abnormal or dangerous situation and shall take all necessary
emergency control steps to avoid such abnormal situations.
PERFORMANCE BOND:-
The CONTRACTOR shall furnish to the CORPORATION within 15 days from the date of fax
CONTRACT / Letter of Intent (LOI), security deposit in the form of an irrevocable Bank
Guarantee for the period specified in the bid document / Notification of Award/ LOI,
towards performance under this CONTRACT.
In the event CONTRACTOR fails to honour any of the commitments entered into under this
agreement or in respect of any amount due from the CONTRACTOR to the CORPORATION, the
CORPORATION shall have unconditional option under the guarantee to invoke the above bank
guarantee and claim the amount from the bank. The bank shall be obliged to pay the
amount to the CORPORATION on demand.
Purchase Order Reprint
(Includes All Changes as of 03/10/2025 00:24:42)
Halliburton Technology India
PO Number: 4517839365 Orig. PO Date: 11/28/2024 Page 5 of 9
INSURANCE:-
CONTRACTOR shall, at his own expense, arrange appropriate insurance to cover all risks
assumed by the CONTRACTOR under this CONTRACT in respect of its personnel deputed under
this CONTRACT as well as CONTRACTOR's equipment, tools and any other belongings of the
CONTRACTOR or their personnel during the entire period of their engagement in connection
with this CONTRACT. Halliburton will have no liability on this account.
B) Waiver of subrogation: All insurance policies of the CONTRACTOR with respect to the
operations conducted hereunder as set forth in clause 16 hereof, shall be endorsed by
the underwriter in accordance with the following policy wording:-
"The insurers hereby waive their rights of subrogation against any individual,
CORPORATION, affiliates or assignees for whom or with whom the assured may be operating
to the extent of the Contractual indemnities undertaken by the CONTRACTOR".
C) Certificate of Insurance: Before commencing performance of the CONTRACT, CONTRACTOR
shall upon request furnish CORPORATION with certificates of insurance indicating (1)
kinds and amounts of insurance as required herein (2) insurance corporation or companies
carrying the aforesaid coverage (3) effective and expiry dates of policies (4) that
CORPORATION shall be given thirty (30) days written advance notice of any material change
in the policy (5) waiver of subrogation endorsement has been attached to all policies and
(6) the territorial limits of all policies. If any of the above policy expire or/ are
cancelled during the term of this CONTRACT and CONTRACTOR fails for any reason to renew
such policies, then CORPORATION may replace same and charge the cost thereof to
CONTRACTOR. Should there be lapse in any insurance required to be carried out by
CONTRACTOR hereunder for any reason, losses resulting therefrom shall be to the sole
account of the CONTRACTOR. Such insurance shall be effected within Insurance Company
incorporated and registered in India or jointly with a Company of International repute
and an Insurance Company incorporated and registered in India.
D) Deductible:- That portion of any loss not covered by insurance provided for in this
article solely by reason of deductible provision in such insurance policies shall be to
the account of the CONTRACTOR.
E) CONTRACTOR shall require all of its Sub-Contractors to provide such of the foregoing
insurance cover as the CONTRACTOR is obligated to provide under this CONTRACT.
Termination for unsatisfactory performance
If Halliburton considers that the performance of the CONTRACTOR is unsatisfactory or, not
upto the expected standard, the Halliburton shall notify the CONTRACTOR in writing and
specify in detail the cause of such dissatisfaction. The Halliburton shall have the
option to terminate this Agreement by giving 30 days notice in writing to the CONTRACTOR,
if, CONTRACTOR fails to comply with the requisitions contained in the said written notice
issued by the Halliburton.
Change in Law
Contractor confirms that all the applicable laws in effect on effective date are
considered in determining the contract price.
In the event of any change in the rate of Indian taxes and duties, due to change in
applicable law after the effective date and having a direct effect on the contract price,
Halliburton shall reimburse contractor for any cost increases due to such changes (except
change in personal tax and tax on contractor's income), subject to submission of
documentary evidence. However contractor shall pass on the benefit of any cost reductions
(except change in personal tax and tax on contractor's income) to Halliburton as a
consequence of such changes.
If change in law impact is resultant of delay in providing services / goods by Contractor
than Contractor is not eligible for any increase in cost / taxes however if there is
decrease in cost / taxes with change in law then Contractor is liable to pass on the
benefit to Company.
Notwithstanding any provision of the contract, Halliburton shall not be liable for
compensating any increase in the personal taxes of Contractor's personnel and tax on
contractor income.
Audit
Contractor shall maintain true and accurate records of charges and accounts in connection
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Halliburton Technology India
PO Number: 4517839365 Orig. PO Date: 11/28/2024 Page 6 of 9
with the work and all transactions related thereto and shall retain all such records and
accounts for a period of not less than 36 (thirty-six) months from the end of the year in
which the contract terminates or expires. Halliburton shall have right, during regular
business hours, to inspect and audit records and accounts of contractor, which are deemed
to be directly pertinent to the correctness of any invoice presented for payment in
connection with the performance of the contract, or compliance with Contract's terms and
conditions.
Suspension
Halliburton may, regardless of cause, by notice to contractor, suspend at any time the
performance of all or any portion of the work. Upon receipt of such notice, contractor
shall, unless the notice requires otherwise:
a) Immediately discontinue work on the date and to the extent specified in the notice.
b) Continue to protect and maintain the work including those portions on which work has
been suspended
c) Promptly make every reasonable effort to obtain suspension upon terms satisfactory to
Halliburton of all orders, Subcontracts and rental agreements to the extent they relate
to performance of suspended work
Halliburton can also suspend the work in part or in full for reasons attributed to the
contractor's default.
OPTIONAL TERMINATION
Notwithstanding any other provisions of this Contract, Halliburton may, at its option,
terminate for convenience any of the Work under this Contract in whole or, from time to
time, in part, at any time by notice to Contractor. Such notice shall specify the extent
to which the performance of the Work is terminated and the effective date of such
termination. Upon receipt of such notice Contractor shall
a) Immediately discontinue Work on the date and to the extent specified in the notice and
place no further purchase orders or Subcontracts to the extent that they relate to the
performance of the terminated Work;
(2) Upon any such termination, Contractor shall waive any claims for damages including
loss of anticipated profits, on account thereof, but as the sole right and remedy of
Contractor, Halliburton shall pay in accordance with the following all amounts due and
not previously paid to Contractor for Work completed in accordance with this Contract
prior to such notice of termination, and for Work thereafter completed as specified in
such Notice.
Annexure
INDEMNITY AGREEMENT:
Contractor hereby releases Company from all liabilities, payment, damages, obligations,
costs and expenses or indemnities incurred or accrued under the contract or otherwise
arising in connection therewith, as a result of the assignment as per their agreement
during assignment. Period or any extension thereof and shall indemnify company for any
claims, demands or proceedings which are related to or may arise out of the assignment of
the assigned interest herein.
Company liabilities, obligations, rights and benefits under the contract shall apply to
contractor for all matters related to this agreement during the assignment period except
those specifically excluded in this agreement. In this regard, contractor shall only have
right to recourse to contractor assignee and not to company in the event the contractor
fails to perform or otherwise breaches terms and conditions of this agreement. Similarly
contractor assignee shall be entitled to hold and enforce the contractor's right and
privileges against the contractor as mentioned in this agreement.
Contractor assignee shall be responsible for all the obligations, indemnities and
liabilities assumed by contractor under the contract to the extent such obligations,
indemnities and liabilities arise in relation to this agreement. Similarly, contractor
shall be responsible for all the obligations, indemnities and liabilities assumed by
company under the contract to the extent such obligations, indemnities and liabilities
arise in relation to this agreement.
No party shall be liable to other for any consequential or indirect losses or damages
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Halliburton Technology India
PO Number: 4517839365 Orig. PO Date: 11/28/2024 Page 7 of 9
including, without limitation, loss of profit, loss of production however the same may be
arise.
Delivery Conditions (This should be part of SCC)
a) The Contractor must deliver the goods to the delivery address by the delivery date.
b) The Contractor must ensure that the goods are suitably packed to avoid damage in
transit or in storage.
c) Packages must be marked with the Purchase Order number, item number, destination,
contents, quantity, date and method of dispatch and weight of each package.
d) Halliburton will accept 2 days early and zero day's late delivery. Anything delivered
beyond this delivery window will be charged as late delivery to the vendor
e) Late delivery charges will be applicable @ 1% of total contract value per week or part
thereof and will be deducted directly from the payment if not delivered as per agreed
terms and delivery date mentioned in the PO.
“In the event Halliburton is unable to avail or is denied any input tax credit of GST
amount charged by contractor due to any failure by the contractor, inter
alia,
(1) to comply with the GST law in any respect;
2) to provide the correct invoice, and supporting documents or any information to the
Halliburton in a timely manner;
(3) to promptly resolve or cooperate to resolve any mismatch or discrepancy in the GST
returns;
(4) to file the returns as required under GST law;
(5) to make payment of tax or delay in making the payment of tax under GST law; and
(6) to determine correct Place of Supply as per GST law
then Halliburton shall not be liable to reimburse to the contractor the GST amount to the
extent such loss of input tax credit suffered or incurred by the Halliburton and
Contractor shall indemnify Halliburton from and against (a) any claims, suits and actions
which brought against Contractor; (b) any
and all interest, fines, penalties, credit costs including attorney fees due to one or
more of the events mentioned in this”
non-conforming work by the most expeditious means available, the costs of which shall be
to Supplier's account; or Company may retain the non-conforming GOODS and an equitable
adjustment reducing the total Contract price to reflect the diminished value of such
non-conforming GOODS will be made by written Amendment. Any direct and reasonable costs
or expenses incurred by Company thereby, shall, together with an additional ten per cent
(10%) of such costs and expenses, be payable by Supplier and may be deducted and set off
against any monies owed to Supplier by Company pursuant to the Contract.
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