Escolar Documentos
Profissional Documentos
Cultura Documentos
Essar Steel Limited is in open market for procurement of (Material) for our Essar
Steel at Hazira, Gujarat (India). Sealed tenders are invited both from overseas
manufacturer / supplier as well as indigenous, Import manufacturer/ supplier.
However Buyer reserves the right to procure the part/full quantity either form
indigenous or overseas source. Supplier should indicate the name of the
manufacturer whose product is being offered and letter of manufacturer confirming
allocation of quantity for the above tender should accompany the offer.
The past supply experience for last 3 years must be furnished separately. Offers not
accompanied by above details are liable for rejection. The tender is invited with
following terms & conditions.
(i) Overseas Supplier: The Bidder should quote their price both on FOB
International Main port as well as CFR Nhava Sheva, Mumbai port on container
shipment basis. Buyer reserve the right to place the order either on FOB or on CFR
basis.
The Bidder should submit offer on firm price basis for immediate supply. Bidder must
clearly specify the earliest delivery period of the material. In case of sublot and if
price is not firm they should give the necessary price variation formula if any, in the
unpriced bid, along with ceiling limit on escalation. Without ceiling limit no price
variation shall be considered.
Though price is called on FOB & C&F basis but please note that comparison will be
made on landed basis at our Plant considering taxes, duties & cost/expenses like port
charges, inland freight, L/C charges etc. to be incurred by Essar Steel Limited
(iii) In case of sub-lot delivery & if price is not firm they should give the necessary
price variation formula if any, in the unpriced bid, along with ceiling limit on
escalation. Without ceiling limit no price variation shall be considered.
- Overseas bidders - To include all taxes & duties applicable in their country in the
offered price and in case of variation, the same shall be to Bidders Account. Taxes &
duties applicable in India shall be to buyer’s account.
- Indigenous bidders - To indicate present rate of Taxes & duties applicable like
Excise duty, Custom duty, Sales Tax/Value added tax, Service Tax, Octroi etc. in
their offer and statutory variation to the same shall be to buyer’s account.
- Essar Steel Limited reserves the right to conduct price negotiation through “reverse
Auction”.
- For the purpose of distribution of order, Essar reserve the right to negotiate with
any vendor and parties will be asked to match L-1/negotiated L-1 price. The
distribution of order can be made to more than 2 parties to cover the full
requirement.
- The offer of the bidder will be considered for ordering only if it can supply a
minimum quantity of 25% of the tendered quantity. However, bidders can be
considered acceptable for lesser quantity for ordering by buyer.
- Parties with limited supply experience and who had not supplied to Essar Steel
Limited earlier can be considered initially for trial ordering (maximum upto 10% of
tender quantity)
- Supplier who had failed to execute our previous orders or have not settled our
claims against risk and cost procurement shall not be considered for future order
under the present tender.
- However Buyer reserves the right to cancel the tender without assigning any
reasons for the same.
-In case of sample not possible, technical team of Essar Steel Limited reserve it’s
right to call for technical discussions, introspection of the manufacturing facility,
Bidder potential to meet desired quality of the material and compliances followed by
Bidder. Post clearance by technical team, Essar Steel Limited reserve it’s right for
trial ordering on Bidder.
5.0 QUANTITY
- The above quantity is tentative and shall not be taken as final requirement of
Essar Steel Limited.
- Buyer reserve full rights to reject all or any of the tenders or to accept tender
either in full or a part of it or to split up the quantity without assigning any reasons.
The Bidder should be prepared to accept order for any quantity decided by the
Buyer, under any of the price option.
- In case their rate(s) vary for the quantity higher or lower than the quantity under
present tender of Buyer, they should clearly indicate the rate for higher or lower
quantity in their tender. In case nothing is stated, it would be presumed that supplier
is agreeable for supply of any quantity, as decided by the Buyer at the quoted rate,
under any option.
A) Overseas supply:
- Shipment shall be made in lot basis duly packed for shipment in Standard
containers.
- The shipment schedule is tentative and subject to changes depending upon the
actual production programme of the buyer and seller shall have to regulate the
supplies accordingly, if requested by the buyer.
B) Indigenous supply:
- Supply to be made in phased manner as per the specific despatch clearance of
Buyer.
- Seller should indicate their capacity to despatch maximum quantity per month in
the unpriced bid.
- The delivery schedule is subject to change depending upon the actual production
programme of the buyer and seller shall have to regulate the supplies accordingly if
requested by the buyer.
C) The delivery schedule quoted must be specific and realistic. Inability of the
successful Bidder to execute order in accordance with the above schedule will entitle
the buyer to purchase the same from any other source at the risk and cost of the
Bidder. Needless to say that such failure to adhere to the agreed shipment/ delivery
schedule will also be kept in view while considering their subsequent tenders.
- The material shall be analysed at our plant for final acceptance within 30 days of
receipt of material at our plant.
- Joint survey shall be conducted at our site in case of any discrepancy in the results
is detected at our site (to be verified within 45 days of receipt at site or 60 days from
the date of receipt at the discharge port whichever is earlier) for a settlement
mutually acceptable. In case of seller's failure to depute his representative (s) (at
seller's cost only) within 21 days of the issue of such notice, the buyer shall have the
option to appropriate the goods as per his requirement and/or reject the entire
consignment, which shall be binding on the seller.
- The buyer also reserves the option to depute his representative (s) for pre-
shipment inspection at manufacture's plant. All expenses including boarding, lodging
and local transportation etc. but excluding to and fro airfares shall be at seller's cost.
In such case, material can only be shipped after obtaining specific clearance from
buyer's representative(s).
8.0 VALIDITY
Bidder must specifiy the validity of the offer, failing which tender shall be assumed
valid for acceptance till end of 90 days from the date of opening of the tender.
Tender with lesser validity will be liable for rejection at the discretion of the buyer.
10.0 INSURANCE:
10.1 Incase of buyer to arrange for Insurance as per Incoterm 2000 ,The risks that
are to be covered under the insurance shall include, but not limited to the loss or
damage in transit, theft, pilferage, riot, civil commotion, weather condition, accidents
of all kinds, fire, war risk etc. The scope of such insurance shall cover the entire
value of supply from time to time. Buyer’s Insurance Company details will be
submitted on complete finalization of tender.
10.2 The buyer will be arranging for insuring the goods covered under the order
through open cover insurance policy issued by buyer’s insurance company. All the
goods supplied by the supplier under the terms of this contract shall be covered
under the aforesaid such policy subject to exception and/or omission contained in the
said policy and any amendment/renewal thereof. The buyer reserve the rights to
enter into any fresh or new agreement with any Insurance Company with similar or
changed terms and conditions and the same shall be applicable to the order/supplier.
10.3 It shall be the obligation of the supplier to strictly comply with the following
terms.
(a) The Seller shall send advance intimation to Buyer’s Insurance Company and the
Insurer at least two days before shipment regarding anticipated shipment/dispatch.
(b) The Seller within 48 hours of the shipment (if the day of shipment falls on the
public/weekly holiday then on the first working day thereafter) the Seller shall send
the Fax/ Cable/Telegram/email to the nominated Insurance Company by buyer as
well as to the Buyer (Essar Steel Limited .) at their Hazira address intimating the
following.
1. Details of Shipment
2. Contract Number
3. Name of Commodity
4. Name of Carrying Vessel
5. Port of Loading
6. Port of Discharge
7. Date of Departure of Vessel
8. ETA (excepted time of arrival at Port of Discharge)
9. Weight / Count of materials
10. Bill of lading No & date
11. Total Value of Consignment
Full payment for each consignment excluding Indian Agency Commission, if any,
shall be made against presentation of shipping documents through an irrevocable
Letter of Credit. The L/C shall be opened by Buyer's bank in India and shall be
advised through buyer's corresponding bank in Seller's country. All bank charges
outside India including L/C confirmation charges (if required by seller) shall be to
Seller's account.
The buyer prefers not to have any direct involvement with any Indian Agency for
transaction between overseas supplier and buyer. However, if the Bidder decides
that such a situation is unavoidable, then they may engage Indian agent. Indian
Agency Commission, if any, shall however be paid only directly to the agent in India
in equivalent Indian rupees against each shipment. In case, the overseas supplier
wish to appoint any Agent in India, the said Indian Agent must get himself registered
with Essar Steel Limited after submitting a photo copy of the agreement between the
overseas supplier and the Indian agent which must clearly indicate the role of the
Indian agent, his functions and the details of agency commission to be payable to
them. Indian agent commission shall be paid against each shipment after clearance
of the cargo at port of discharge on submission of invoice by Indian agent. The
exchange rate for conversions shall be as applicable on the date of negotiation of
documents under L/C. Indian Agent commission shall be paid after deduction of
income tax as per rules applicable at that time.
100% Payment including full taxes and duties and the freight charges shall be
payable against presentation of complete despatch documents to the General
Manager (Accounts), Essar Steel Limited, 27KM Surat Hazira Road Surat , Gujarat-
394270. Credit Period for all supplies will be 90 days.
The payment shall be made through e-payment. Bank charges, if any shall be to the
account of Buyer. The seller is to furnish bank mandate form for e-payment.
OVERSEAS SUPPLY:
Buyer shall have the option either to place order on FOB or on CFR Mumbai basis.
The terms and conditions for FOB contract and CFR contract are covered under
General Purchase Condition (Import). Supplier shall furnish to the Buyer the full
details of load port, cargo readiness, load rate to enable buyer to arrange shipment.
For CFR contract seller should arrange shipment meeting the necessary requirements
at Mumbai port on it’s own.
INDIGENOUS SUPPLY:
The seller shall make necessary arrangement for transportation and timely delivery
of the material at Buyer's site at Hazira. The basis of billing and payment of each
supply will be based on weights/analysis recorded at our end. The supplies to be
made as per details given below, consignment to be despatched to:-
15.0 EXECUTION:
The whole order will be executed to the entire satisfaction of the Buyer. The order
shall be governed by these terms and conditions read with our General purchase
conditions for indigenous purchase/import purchase. No other terms and conditions
of the Bidders whatsoever shall be applicable to the order. In case of conflict, the
above conditions will have precedence over the general purchase conditions for
indigenous purchase/import purchase.
However seller will not be held responsible for delays caused by buyer's shipping
advices. However such liquidated damages shall not apply to any period of extension
which would be granted by the buyer under "Force Majeure" conditions hereunder.
Imposition of liquidated damages shall be without prejudice to the rights of the
company to terminate the order and get it executed through alternative sources at
the risk and cost of the seller. This is without prejudice to any other rights under the
contract.
(a) Seller fails to pay any amounts required to be paid to Purchaser under this
Agreement and such failure continues for thirty (30) days following Purchaser's
written demand that such payment be made.
(b) Any representation or warranty made by Seller shall prove to be false or
misleading in any material respect and shall have a material adverse effect on
Seller's ability to perform its obligations hereunder.
(c) Seller breaches or fails to perform any of its material covenants or obligations
under this Agreement (other than any such breach referred to elsewhere in this and
such breach or failure is not remedied within thirty (30) days after notice from
Purchaser to Seller stating that such breach or failure has occurred, identifying the
breach or failure in question in reasonable detail and demanding the remedy thereof
(the "Initial Cure Period"); provided, however, if (i) the Initial Cure Period is not
reasonably sufficient to cure such breach or failure to perform, (ii) the Seller shall
have commenced to cure such failure within the Initial Cure Period and (iii) the Seller
shall continuously and diligently pursue the cure of such breach or failure, such
breach or failure shall not constitute a Seller Event of Default unless it is not
remedied within one hundred and twenty (120) days after the commencement of the
Initial Cure Period.
(d) Seller fails to comply with any decision or award of an arbitrator within 30
days of such decision or award becoming binding and due.
(e) The passing of a resolution for the bankruptcy, insolvency, winding up,
liquidation of, or other similar proceeding relating to Seller;
(f) A Seller Failure of Delivery shall occur for reasons other than an Event of
Force Majeure affecting Seller.
Exercise of Remedies Following a Seller Event of Default. Notwithstanding
any other provision of this Agreement which may, upon the occurrence of certain
events, give rise to Purchaser's right to immediately terminate this Agreement, upon
the occurrence of a Seller Event of Default, Purchaser may, in addition to any
remedies or rights of Purchaser under applicable law, exercise any one or more of
the following remedies, so long as such Seller Event of Default is continuing:
(a) Purchaser may acquire Material from Persons other than Seller and may
permanently or temporarily reduce Purchaser's obligations to purchase Material
under this Agreement.
(b) Purchaser may, following the occurrence of a Seller Event of Default
terminate this Agreement by providing written notice of such termination to Seller.
(c) Purchaser may, following the occurrence of any Seller Event of Default (other
than a Seller Event of Default referred terminate this Agreement by providing at
least thirty (30) days' prior written notice of such termination to Seller, which notice
shall identify with specificity the Seller Event of Default giving rise to such notice of
termination and the date of such termination; provided that such termination shall
not occur if Seller cures or remedies such Seller Event of Default prior to the date
specified in such notice as the date of such termination.
(a) Purchaser fails to pay any amounts required to be paid to Seller under this
Agreement and such failure continues for thirty (30) days following Seller's written
demand for such payment.
(b) Any representation or warranty made by Purchaser shall prove to be false or
misleading in any material respect and shall have a material adverse effect on
Purchaser's ability to perform its obligations hereunder.
(c) Purchaser breaches any of its material obligations under this Agreement
(other than any such breach referred to in and such breach is not remedied within
thirty (30) days after notice from Seller stating that such a breach has occurred,
identifying the breach in question in reasonable detail and demanding the remedy
thereof.
(d) Purchaser fails to comply with any decision or award of an arbitrator within
thirty (30) days of such decision or award becoming binding and due.
(e) The passing of a resolution for the bankruptcy, insolvency, winding up,
liquidation of, or other similar proceeding relating to Purchaser;
Exercise of Remedies Following a Purchaser Event of Default. Upon the
occurrence and during the continuance of a Purchaser Event of Default, Seller may,
in addition to any remedies or rights of Seller under applicable law, terminate this
Agreement by providing at least one twenty days (120) days prior written notice of
such termination to Purchaser, which notice shall identify with specificity the
Purchaser Event of Default giving rise to such notice of termination and the date of
such termination; provided that such termination shall not occur if Purchaser cures
or remedies such Purchaser Event of Default prior to the date specified in such notice
as the date of such termination.
Rights Not Waived. The failure of any Party to insist in any one or more instances
upon strict performance of any of the provisions of this Agreement, or to take
advantage of any of its rights under this Agreement, shall not be construed as a
waiver of any such provisions or the relinquishment of any such rights, but the same
shall continue and remain in full force and effect.
Limitation of Liability. Neither Seller nor Purchaser shall be liable for any special,
incidental or consequential damages, including, but without limitation, lost revenues,
or profits arising out of or in connection with the performance or non-performance of
this Agreement.
20.0 DISPUTES:
MUTUAL DISCUSSION. Except as otherwise provided in this Agreement, if any
dispute or difference of any kind whatsoever (a "Dispute") shall arise between
Purchaser and Seller in connection with, or arising out of, or relating to this
Agreement or the breach, termination or validity hereof, Purchaser and Seller shall
attempt in good faith, for a period of thirty (30) days after the receipt by one Party
of a notice from the other Party of the existence of the Dispute, to settle such
Dispute in the first instance by mutual discussions between the Parties.
ARBITRATION
(a) If the Dispute cannot be settled within thirty (30) days by mutual discussions,
the Dispute shall finally be settled under the arbitration rules contained in the
Commercial Rules of Conciliation and Arbitration of the International Chamber of
Commerce (the "ICC Rules") as in force at the time such arbitration is commenced.
Each of Purchaser and Seller undertake to implement the arbitration award. The
place of the arbitration shall be Mumbai. The language of the arbitration shall be
English. There shall be three arbitrators. Each Party shall select one arbitrator
within 30 days after giving or receiving the demand for arbitration. Such arbitrators
shall be freely selected, and the Parties shall not be limited in their selection to any
prescribed list. The two arbitrators selected by the Parties shall select the third
arbitrator. If a Party does not appoint an arbitrator who has consented to participate
within 30 days after the selection of the first arbitrator, the relevant appointment
shall be made by the International Court of Arbitration of the ICC.
(b) The award rendered shall be in writing and shall set forth in reasonable detail
the facts of the Dispute and the reasons for the arbitrators' decision.
(c) The award rendered in any arbitration commenced hereunder shall be final
and binding on the Parties and judgment thereon may be entered in any court
having jurisdiction for its enforcement. Each of Purchaser and Seller hereby
renounces its right to appeal from the decision of the arbitrators and agrees that
neither Party shall appeal to any court from the decision of the arbitrators. In
addition, the Parties agree that neither Purchaser nor Seller shall have any right to
commence or maintain any suit or legal proceeding concerning a Dispute hereunder
until the Dispute has been determined in accordance with the arbitration procedure
provided for herein and then only to enforce or facilitate the execution of the award
rendered in such arbitration.
Survival. The provisions of this Article shall survive the termination of this
Agreement.
(c) Embargoes of or at the mine, loading facilities, road transport, river transport
or port facilities other than such breakdowns, embargoes or delays caused or
resulting from willful act or omission by or on the part of such party in the conduct or
management of its business;
(b) Purchaser shall have the right to purchase Material from another source
during any period of an Event of Force Majeure declared by Seller and Seller shall
have the right to sell to other Persons, Material otherwise allocated for shipment to
Purchaser during any period of an Event of Force Majeure declared by Purchaser.
Seller shall use its best endeavours to assist Purchaser in sourcing an alternate
Material supply from other Material suppliers acceptable to Purchaser. Each of Seller
and Purchaser shall have the right to terminate this Agreement without penalty if the
other party claims an Event of Force Majeure for a period in excess of twelve
continuous months.
(a) Purchaser is a limited liability company duly organized and validly existing
under the laws of India and has all requisite legal power and authority to execute
this Agreement and to carry out the terms, conditions and provisions hereof,
(b) All Consents and all legislative, administrative and other governmental action
required to authorize the execution, delivery and performance by Purchaser of this
Agreement and the transactions contemplated hereby have been taken or obtained
and are in full force and effect except to the extent of such actions which by the
terms hereof are to be taken at a later time;
(c) The execution, delivery and performance by Purchaser of this Agreement does
not conflict with the terms of any Legal Requirements of any Governmental
Instrumentality applicable to Purchaser;
(d) This Agreement constitutes or will constitute, when duly executed and
delivered, the legal, valid and binding obligation of Purchaser, enforceable in
accordance with the terms hereof except as the enforceability hereof may be limited
by applicable bankruptcy, insolvency, reorganization, moratorium or other similar
laws affecting creditors' rights generally;
(a) Seller is a limited liability company duly organized and validly existing under
the laws of land (Country of incorporation) and has all requisite legal power and
authority to execute this Agreement and to carry out the terms, conditions and
provisions hereof,
(b) All Consents and all legislative, administrative and other governmental action
required to authorize the execution, delivery and performance by Seller of this
Agreement and the transactions contemplated hereby have been taken or obtained
and are in full force and effect except to the extent of such actions which by the
terms hereof are to be taken at a later time;
(c) The execution, delivery and performance by Seller of this Agreement do not
conflict with the terms of any Legal Requirements of any Governmental
Instrumentality applicable to Seller;
(d) This Agreement constitutes, or will constitute, when duly executed and
delivered, the legal, valid and binding obligation of Seller, enforceable in accordance
with the terms hereof except as the enforceability hereof may be limited by
applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws
affecting creditors' rights generally;
(f) The execution, delivery and performance by Seller of this Agreement has
been duly authorized by all requisite corporate action, and will not contravene any
provision of, or constitute a default under, any other agreement or instrument to
which it is a party or by which it or its property may be bound;
Title. Seller shall have good, valid and marketable title to all Material delivered to
Purchaser hereunder and all such Material shall be free and clear of all liens, charges,
mortgages, pledges, security interests, claims for taxes or royalties and other
encumbrances.
Prompt Notice. Seller shall promptly notify Purchaser of any failure by Seller to
comply in all material respects with this Agreement.
Notice. Any notice or other communication to be given hereunder shall be in writing
and shall be sufficiently given if delivered by registered mail or hand delivered
against written receipt or if transmitted and clearly received by facsimile
transmission addressed as set forth below or sent to such other person by registered
mail, courier, or hand delivery to such other address as either Party may designate
for itself by notice. Any such notice shall be effective only upon actual delivery or
receipt thereof. All notices given by facsimile shall be confirmed in writing delivered
or sent as aforesaid, but the failure to so confirm shall not vitiate the original notice.
The addresses for service of notices on Parties, and their respective telephone and
facsimile numbers are:
(a) In the case of Seller, to: (Details to be provided at the time of ordering)
(b) In the case of Purchaser, to: (Details to be provided at the time of ordering)
Assignment by Seller. Seller shall not, without the prior written consent of
Purchaser, assign, charge, mortgage or otherwise encumber any of its rights or
obligations under this Agreement to any Person, except that Seller may assign,
charge, mortgage or encumber Seller's right to receive payments under this
Agreement for the benefit of financiers providing financial accommodation to or for
the benefit of Seller as collateral security for such financial accommodation, provided
however that the Seller shall remain responsible for the performance of this
Agreement. Seller shall immediately notify Purchaser, in writing, of the enforcement
by a financier, whether in whole or in part, of any such assignment, charge,
mortgage, pledge or encumbrance.
Assignment by Purchaser. Purchaser shall not without the prior written consent of
Seller, which shall not be unreasonably withheld, assign, charge, mortgage or
otherwise encumber any of its rights or obligations under this Agreement to any
Person. However, this condition shall not be applicable if:
a) the Purchaser decides to assign this Agreement in favor of Banks and Financial
Institutions financing the Purchaser for its business operations and
b) the assignment is in favor of Affiliate of the Purchaser (any entity which is directly
controlled by Purchaser, or which directly controls Purchaser, or which is under
common control with Purchaser).
24. Severability. In the event that any of the provisions, or portions or applications
thereof, of this Agreement are held to be unenforceable or invalid by any court of
competent jurisdiction, Purchaser and Seller shall negotiate an equitable adjustment
in the provisions of this Agreement with a view toward effecting the purpose of this
Agreement, and the validity and enforceability of the remaining provisions, or
portions or applications thereof, shall not be affected thereby.
Yours faithfully,
1. Offer of M/s._______________________________________________________
_________________________________________________________________
_________________________________________________________________
(Name & Complete Address of Bidder)
Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person
Name of the CEO of the Company
Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person
Note: (All bidders who had not supplied to Essar Steel Limited earlier are required to
submit representative sample along with tender.)
4. Validity of the offer (Minimum 90 days from date of Opening of tender) ________
(ii) Transit Time from your Plant to our Hazira plant, Hazira (In Days). ___________
7.(a) Indicate past supply experience of Various Material of tender for last three
years as given below.
Industry
Type Manufacturing
Customer Details
Year Tonnage UOM Name Country
Industry
Type Trader/Agent
Customer Details
Year Tonnage UOM Name Country
(b) Please give Production & Turnover Information for last three years along with
balance sheet for each year separately .
9 (a) Confirm quoted prices are based on FOR despatching station including charges
for packing, loading and forwarding. ________________
(b) Confirm firm freight charges has been quoted for delivery by road transport at
Hazira plant. : ________________
(b1) Confirm firm freight charges inclusive of service tax for delivery at Hazira plant
quoted separately and you will not issue CENVATABLE invoice for service tax on
freight. ________________
(b2) Confirm firm freight charges and service tax for delivery at Hazira plant quoted
separately and the invoice issued by you should contain the amount of firm freight
charges, service tax, e-cess separately and CENVATABLE documents will be
furnished as per service tax rule to enable Essar Steel Limited to avail CENVAT on
service tax paid on freight ________________
.
NB: In case you are not agreeable to (b2) above then the evaluation of your bid will
be done without considering CENVAT on service tax.
10. Confirm whether price has been quoted on firm and fixed till complete execution
of the order ________________
11 (a) If priced offered is not firm, then please indicate the price variation formula
along with the base price on which variation is applicable.
PRICE FORMULA :
BASE PRICE :
(b) In case of price variation please indicate maximum ceiling limit on escalation.
(Note without ceiling limit no escalation shall be considered). :
(c) Any other condition mentioned in price bid should be mentioned here. Otherwise
offer shall be liable for rejection. :
(b) Indicate rate of Education Cess on ED & whether the same is excluded from
quoted price. :
(c) Confirm CENVATABLE Excise Invoice shall be given which will include Excise Duty
and Education Cess on Excise Duty as per prevailing Central excise rule to enable
buyer to available CENVAT Credit. ___________
13. (i)Indicate present rate of Sales Tax against form C OR other concesional form
applicable separately. ____________
(ii)Whether the same is excluded from the quoted price : ____________
14. Confirm transit insurance is excluded from the quoted price.: ___________
15. Confirm requisite Bank Guarantee/Demand Draft towards EMD has been
submitted. :
In case of BG : BG No. ________________
BG Date ________________
Issuing Bank ________________
Validity Date ________________
In case of DD.:
DD No. ________________
DD Date ________________
Issuing Bank ________________
Validity Date ________________
16. Confirm that Performance Bank Guarantee for 20% of order value will be
furnished as per conditions mentioned & as per proforma enclosed in the tender:
________________
17. Indicate delivery schedule incase annual tonnage of material or shortest period
for commencement of despatch from date of fax order/ Letter of intent if placed
incase of others. Date of LR will be considered as delivery completion date:
23. Confirm acceptance to all other terms and conditions mentioned in the tender.
________________
24 In case of reservation to any terms and conditions of tender confirm clause-wise
comments have been specified. :
25. Please confirm that along with the Unpriced bid you have submitted a copy of
price bid proforma with price figure deleted :
26. We confirm,
(a) We have read the Buyer’s terms and conditions for contained in their Tender
Notice and also their General Terms and Instructions to Bidders and hereby agree to
abide by the same.
(b) The firm delivery schedule as well as other information for delivering the material
stated above forms an integral part of this offer.
(c) No content of the tender has been altered. Incase of any alteration found, we
understand offer is liable to be rejected.
PLACE : Name :
DATE : Designation :
Company Seal :
Annexure IV(B)
Indigenous bidder quoting for Sale Transaction within India in Indian Rupees.
1 Consignee
2 Tendered Quantity MT
3 Quantity offered MT
4 Basic Rate per Unit Rs Per unit
5 * Packing Charge/Unit Rs Per unit
6 * Forwarding Charge/Unit Rs Per unit
7 Total rate/unit including Packing Rs Per unit
& forwarding charges
8 Excise Duty % and
Rs Per unit
9 Total rate including E.D. Rs Per unit
10 VAT % and Rs Per
unit
Sales Tax: CST/State % and Rs Per
unit
11 Freight Rs Per unit
Serivce Tax on Freight % and
Rs Per unit
12 Insurance Rs Per unit
13 Other taxes Rs Per unit
Octroi Rs Per unit
Entry Tax Rs Per unit
Road Permit Charges Rs Per unit
14 Any other charge : (Please
specify accurately)
- Rs Per unit
- Rs Per unit
- Rs Per unit
- Rs Per unit
- Rs Per unit
15 Total unit Rate: (In Rs.) (In Fig.)
(In words)
16 Delivery Period
17 Inspection
18 Payment terms
- Credit Period
- Usance Letter of Credit /CAD
- Interest charges
Annexure IV(C)
Indigenous bidder quoting for High Sea Sale in Indian Rupees.
Material : Material Ref No. _________________
Qty.offered Unit Price ___________
1. MATERIAL COST
a) Price on CIF Nhava Sheva, Mumbai seaport : ________________
basis in packed condition.
b) Customs Clearing & Forwarding charges at Nhava Sheva, Mumbai seaport:
(Optional) ________________
c) Service Tax included in logistic charges at (b) above for which Essar Steel Limited
shall be able to avail credit, if any: ________________
d) Freight charges by Road from Nhava Sheva, Mumbai seaport to Essar Steel
Limited Site Stores, Hazira plant, Hazira, Gujarat, inclusive of service tax (Optional):
________________
e) Total price (sum of (a),(b) & (d): ________________
N.B.: 1. All taxes & Duties (except service tax) in India (e.g import duties, statutory
port charges and Gujarat entry tax) shall be to Essar Steel Limited’s account and, as
such, same shall not be included in quoted prices. However, prices shall be inclusive
service tax as applicable on the logistic activities.
2. Inland transit insurance in India shall be arranged & borne by Essar Steel Limited .
3. In the event of activities as at (b) and (c) being assigned to the seller, role of
Essar Steel Limited Office shall be limited to
a. Signing of High Sea Sale Agreement/Bond prepared by you in accordance with the
EXIM rules.
b. Signing of Bill of Entry and other requisite documents for importation of the
material.
c. Release of statutory port charges and import duties etc. at the appropriate time
and on receipt of intimation from the seller.
Currency : ____________________________
N.B.:
1. Transit insurance in India shall be arranged & borne by Essar Steel Limited .
2. In event of order placement, Essar Steel Limited shall have option to convert
order from FOB basis to CFR basis.
Name : ____________________
Designation : ____________________
Company : ____________________
Official seal/stamp:
Annexure IV (E)
Offer of M/s._______________________________________________________
_________________________________________________________________
_________________________________________________________________
(Name & Complete Address of Bidder)
Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person
Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person
Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person
(ii) Location of the plant from where supplies shall be made : ______________
(iii) Annual production capacity : ______________
(iv) Quantity booked by Supplier : _______________
(v) Whether Authorisation letter of manufacturer is :
enclosed for offered quantity for supply during ______________
the contractual period.
Note : (All bidders who had not supplied to Essar Steel Limited earlier are required to
submit representative sample along with tender.)
8.(i) Confirm price has been quoted both on FOB aswell as C&F, Mumbai Port
(INDIA) on full liner term basis. Please note price to be given on shipment by
containers basis. : ________________
(ii) Please indicate the size of the Container and quantity to be loaded in each
container. ________________
(b) If priced offered is not firm, then please indicate the price variation formula along
with the base price on which variation is applicable.
PRICE FORMULA :
BASE PRICE :
(c) In case of price variation please indicate maximum ceiling limit on escalation.
(Note without ceiling limit no escalation shall be considered). :
(d) Any other condition mentioned in price bid should be mentioned here. Otherwise
offer shall be liable for rejection
10(i) Whether agree for preshipment inspection for sampling, analysis and
weighment by an Independent Surveyor, acceptable to the buyer at Seller’s Cost.
___________________________
Please indicate the name of Independent Surveyor for buyer’s acceptance. :
___________________________
(ii) Whether agree for preshipment sampling, analysis and weighment of material at
manufacturer’s work by Buyer’s Representative at Seller’s Cost, if and when
considered necessary. :
___________________________
(iii) Whether agree for joint survey at seller's cost in case of any discrepancy found
at the receiving point of Buyer's plant in India and prorata cost appropriation and/or
rejection of material by the Buyer if discrepancy is confirmed :
___________________________
11 Indicate past supply experience of Various Material for last three years as per
profoma given below.
Industry
Type Manufacturing
Customer Details
Year Tonnage UOM Name Country
Industry
Type Trader/Agent
Customer Details
Year Tonnage UOM Name Country
12 Please give Production & Turnover Information for last three years along with
balance sheet for each year separately for (Material).
(i) Minimum period for FOB delivery for 1st shipment for date of
order.:___________
(ii) Please indicate shipment schedule for quantity offered along with lot size.
Please note, buyer shall have option to take shipments any time from Feb’
2009 in a period of 2 months. :
(iii) Transit Time from Port of Loading to Port of Discharge at Mumbai Port,
India. ________________
15 Confirm that Performance Bank Guarantee for 20% of order value will be
furnished as per conditions mentioned & as per proforma enclosed in the tender:
________________
16. Confirm acceptance of Liquidated Damages for delay in deliveries specified in of
Tender Notice: ________________
20. Confirm acceptance to all other terms and conditions mentioned in the tender :
21. In case of reservation to any terms and conditions of tender confirm clause-wise
comments have been specified. :
22. Please confirm that along with the Unpriced bid you have submitted a copy of
price bid proforma with price figure .
23. We confirm,
(a) We have read the Buyer’s terms and conditions for contained in their Tender
Notice and also their General Terms and Conditions governing Import Purchase and
Instructions to Bidders and hereby agree to abide by the same.
(b) The firm delivery schedule as well as other information for delivering the material
stated above forms an integral part of this offer.
(c) No content of the tender has been altered. Incase of any alteration found, we
understand offer is liable to be rejected.
Company Seal :
Annexure IV(F)
Foreign Bidder quoting in Foreign Currency
Currency :
N.B.:
1. All taxes & Duties in India including import duties and statutory port charges shall
be to Essar Steel Limited. ‘s account and, as such, same shall not be included in
quoted prices. Free time for detention of containers shall not be less than 14 days.
2. Transit insurance in India shall be arranged & borne by Essar Steel Limited.
3. In event of order placement, Essar Steel Limited. shall have option to convert
order from FOB seaport of dispatch basis to CFR Nhava Sheva, Mumbai (India)
seaport basis within 21 days of receipt of consignment details from the seller, and
considering the ocean freight charge quoted by the seller at point (d) above.
Name : ____________________
Designation : ____________________
Company : ____________________
Official seal/stamp:
Annexure IV (G)
MANDATE FORM FOR ELECTRONIC PAYMENT THROUGH INTERNET & RBI
To
Essar Steel Limited,
--------------------------------
--------------------------------
---------------------------------
Dear Sir,
Sub: Authorization for release of payment due from Essar Steel Limited, _ _ _ _ _ _
_ _____________________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
through Electronic fund transfer(RBI-EFT)/Internet / RTGS.
3. Particulars of Bank:
Bank Name Branch Name
Branch Place Branch City
Pin Code Branch Code
MICR No
(9 Digits code number appearing on the MICR Band of the cheque supplied by the
Bank. Please attach Xerox copy of a cheque of your bank for ensuring accuracy of
the bank name, branch name and code number)
Account Type Savings Current Cash Credit
Account Number (as appearing in the Cheque Book)
RTGS / IFSC Code
I hereby declare that the particulars given above are correct and complete. If any
transaction is delayed or not effected for reasons of incomplete or incorrect
information, I shall not hold Essar Steel Limited responsible. I also undertake to
advise any change in the particulars of my account to facilitate updation of records
for purpose of credit of amount through RBI EFT / Internet / RTGS.
Place:
Date:
Signature of the party/Authorized Signatory
Certified that particulars furnished above are correct as per our records.
Bank’s Stamp:
Date:
(Signature of the Authorized Official from the Banks)
Annexure IV (H)
MANDATE FORM FOR ELECTRONIC PAYMENT THROUGH INTERNET
To
Essar Steel Limited,
--------------------------------
--------------------------------
---------------------------------
Dear Sir,
Sub: Authorisation for release of payment due from Essar Steel Limited, _ _ _ _ _ _
_ ______________________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_
through Electronic fund transfer by Internet Mode .Refer Order
No…………………………………………....dt……………………and/or Tender/Enquiry/Letter
No………………………………………………………………………………………………………….dt……………………..
(Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is
applicable)
1. Name of the Party …………………………………………………………………………………………..
2. Address of the party ………………..…………………………………………………………………………
………………………………………………………………………………….……….
……………………………………………………………………………………………
City:……………….……………. Pin Code:…………………………….
E-mail Id: …………………………………………………………………………
Permanent Account Number:…………………………………………..
3. Particulars of Bank:
Bank Name Branch Name
Branch Place Branch City
Pin Code Branch Code
Account Type Savings Current Cash Credit
Account Number (as appearing in the Cheque Book)
Please attach Xerox copy of a cheque of your bank for ensuring accuracy of the bank
name, branch name and code number.
Place:
Date:
Signature of the party/Authorized Signatory
-----------------------------------------------------------------------------------------------
Certified that particulars furnished above are correct as per our records.
Bank’s Stamp:
Date:
Annexure IV (I)
FORMAT FOR IDENTIFYING MICRO, SMALL, MEDIUM ENTERPRISES
under MSMEDA’2006
(To be filled in by the respective enterprise/firm/corporation)
(Strictly for private use only)
4. Investment in plant & machinery or in Equipment (other than land and building)
A) Micro Enterprise
Less than Rs. 25 Lakhs
Less than Rs. 10 Lakhs
B) Small Enterprise
More than Rs. 25 Lakhs but less than Rs. 5 cr.
More than Rs. 10 Lakhs but less than Rs. 2 cr.
C) Medium Enterprise
More than Rs. 5 cr. but less than Rs. 10 cr.
More than Rs. 2 cr but less than Rs. 5 cr.
5. Have you filed the requisite memorandum with notified state/central authorities
under the Act
We,________________________________________________________________
___________________________________________________________________
(Name of the enterprises/firm/corporation & Address)
, is interested in submitting tender for the drawing based item as mentioned in
Tender Ref No. : ______________________________
Material : ______________________________
Material Ref No. : ______________________________
We hereby confirm,
1. Samples, models, drawings, forms, tools, printing plates, plans and other
auxiliary material shall remain Essar’s intellectual and material property of
which Essar Steel Limited will be free to dispose at will.
2. Use such auxiliary material exclusively for submission of offer’s related to this
tender and it shall not be made accessible or handed over to persons not
employed in the bidder's plant or to third persons.
3. Not to share any information with any other company / enterprises / firm /
corporation/agency without written consent from Essar Steel Limited.
6. Incase of any violation, we understand that Essar Steel Limited can take
action including but not limited to penalty, legal action, rejection of tender
etc.
Your’s faithfully