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Annexure III:

TENDER NOTICE & GENERAL TERMS AND CONDITIONS (GTC)

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.

1.0 QUALITY & SPECIFICATION:


- The specification of the material required shall be as per technical specification
provided in subsequent pages. The quality of the material supplied shall be strictly as
per specifications mentioned and Bidder should clearly mention quality offered and
guaranteed parameters for each parameter specified.

2.0 PRICE BASIS FOR TENDER:

(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

(ii) Indigenous Supplier

The Bidder should submit their offer on the following basis:-


- A firm price for supply for immediate delivery.

(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.

2.1 TAXES & DUTIES

- 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.

3.0 SPECIAL CONDITION:

- 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.

4.0 TECHNICAL LITERATURE & SUPPLY EXPERIENCE

- Bidders/Manufacturers must enclose technical literature about the process of


manufacture of material, brochure of manufacturer along with the tender. The
Bidders who had not supplied previously to Essar Steel Limited should submit a
sample of material proposed to be supplied in sealed package and hand it over to
buyer along with the tender.

-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.

- Name of Consumers (only Prime Manufacturer), to whom (Material) has been


supplied by the manufacturer during the last three years with quantity and period of
supply should also be indicated in the tender. Bidders who do not have sufficient
experience in supply for the last three years are liable for rejection post discretion of
buyer. The distribution of order quantity shall be based on tenders position in tender
and based on their past supply experience and supply experience to Essar Steel
Limited.
- The Bidders who have not previously supplied (Material) to Essar Steel Limited
must enclose documentary evidence for their supply experience during last 3 years
along with the tender, otherwise their offers are liable to be rejected.

5.0 QUANTITY

- The quantity under present tender is specified in subsequent pages of tender.

- The above quantity is tentative and shall not be taken as final requirement of
Essar Steel Limited.

- Quantity mentioned in the tender notice can be increased/reduced to any extent at


the discretion of the Buyer.

- 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.

6.0 DELIVERY SCHEDULE

A) Overseas supply:

- Shipment shall be made in lot basis duly packed for shipment in Standard
containers.

- Supply to be completed in phase manner as per Despatch clearance certificate


issued by Essar Steel Limited.

- Exact month of shipment shall be intimated which should be adhered by seller.


However the seller may offer their schedule in the unpriced bid. First lot, however, to
be delivered at the earliest, preferably, within 2 weeks from the date of purchase
order.

- 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.

D) The period of delivery of the material as stipulated in the schedule shall be


deemed to be the essence of the order.

E) It should be noted that if order is placed on higher Bidder in preference to the


lowest acceptable one, in consideration of earlier delivery quoted by the Bidder and
accepted by the Buyer, the supplier shall be liable to pay to the company the
difference between the ordered rate and the lowest acceptable tender rate, in case
Bidder fails to make complete supplies as per the terms and conditions of the order,
within the agreed shipment schedule incorporated in the order. This is without
prejudice to other rights of the Buyer under the terms and conditions of the order.
Based on actual production programme of the buyer, seller shall have to regulate the
supplies accordingly if requested by the buyer.

7.0 SAMPLING & PRESHIPMENT INSPECTION


- Each lot of material/consignment shall have to be accompanied by producer's
weight and test certificate and also (for overseas supplier) to be supported by a
requisite certificate issued by an internationally reputed surveyor/analyst/laboratory
(acceptable to the buyer) at seller cost.

- 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.

9.0 REPLACEMENT OF OFF-GRADE MATERIAL:


The quality of the material supplied will be strictly as per ordered specifications. In
case, material is not as per the ordered specifications, the seller shall replace the off-
grade material with the material of ordered quality. This is without prejudice to the
rights of the company to reject the materials and procure the same at the risk and
cost of the Seller.

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

11.0 PAYMENT TERMS:


(i) OVERSEAS SUPPLY:

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.

(ii) INDIGENOUS SUPPLY:

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.

12.0 DESPATCH ARRANGEMENT:

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:-

CONSIGNEE : Essar Steel Limited,


27 KM Surat Hazira Road, Hazira, Surat-394270
Gujarat (India)
MODE OF DESPATCH : By Trucks
DESTINATION : Hazira plant at Hazira.
13.0 REPLACEMENT OF DAMAGED MATERIAL:
In the event of any material being found damaged during transit, the seller shall
replace such damaged material with the material of ordered quality within one month
of receiving an intimation in this regard from the Buyer, on payment at the ordered
price and such replaced material shall be duly guaranteed as per terms and
conditions stipulated herein.

14.0 LEGAL INTERPRETATION:


The order shall be governed by the laws of India for the time being in force and as
may be amended from time to time.

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.

16.0 LIQUIDATED DAMAGES:


In the event of the seller's failure to deliver the material within time schedule for
delivery specified by the buyer, the buyer at his option may deduct/recover from the
seller, liquidated damages (and not by way of penalty) a sum at the rate of ½% of
the order value per week or part thereof by which delivery has been delayed
subjected to maximum ceiling of 5% of the order price unless otherwise agreed
upon.

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.

17.0 DEFAULT AND TERMINATION


Seller Events 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, each of the following events, acts,
occurrences or conditions shall constitute a "Seller Event of Default," regardless of
whether such event, act, occurrence or condition is voluntary or involuntary or
results from the operation of law or pursuant to or as a result of compliance by any
Person with any judgment, decree, order, rule or regulation of any court or other
Governmental Instrumentality:

(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.

Purchaser Events of Default. Each of the following events, acts, occurrences or


conditions shall constitute a "Purchaser Event of Default," regardless of whether such
event, act, occurrence or condition is voluntary or involuntary or results from the
operation of law or pursuant to or as a result of compliance by any Person with any
judgment, decree, order, rule or regulation of any court or other Governmental
Instrumentality.

(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.

18. WAIVERS AND REMEDIES

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.

19.0 RISK PURCHASE:


The cancellation of order as stated in the above Default clause may be either for
whole or part of the order at the buyer's option. However, before such cancellation
the buyer shall give four week notice to the seller for taking corrective action and in
case necessary corrective action is not taken by the seller to buyer's satisfaction
within the said period of four week, buyer shall be at liberty to terminate the order in
part or whole and he may procure, upon such terms and in such manner as he
deems appropriate, supplies or services similar to those so terminated and the seller
shall be liable to the buyer for any losses, excess costs for such/similar supplies or
services provided that the seller should continue the performance of the order to the
extent not terminated under the provisions of this clause. If in the opinion of buyer,
the seller shall not be able to cure the default even after notice, such notice shall not
be necessary and the buyer may terminate the order at the risk and cost of the
seller.

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.

Continuation of Obligations. During the pendency of any arbitration the Parties


shall continue to perform their respective obligations hereunder.

Survival. The provisions of this Article shall survive the termination of this
Agreement.

21.0 FORCE MAJURE:


Events of Force Majeure. An "Event of Force Majeure" generally shall mean all
circumstances beyond the reasonable control of the Party affected only if and to the
extent that (i) such event is not within the reasonable control, directly or indirectly,
of the Party affected, (ii) such event, despite the exercise of reasonable diligence,
cannot be or be caused to be prevented, avoided or removed by such Party, (iii) the
Party affected has taken all reasonable precautions, due care and reasonable
alternative measures in order to avoid the effect of such event on the Party's ability
to perform its obligations under this Agreement and to mitigate the consequences
therefore, (iv) such event is not the direct or indirect result of a Party's negligence or
the failure of such Party to perform any of its obligations under this Agreement, and
(v) such Party has given the other Party prompt notice describing such event, the
effect thereof and the actions being taken to ensure resumption of normal
performance under this Agreement after the termination of the Force Majeure and
the actions being taken.
Instances of Force Majeure. Subject to the provisions, Events of Force Majeure
shall include, but not be limited to:
(a) acts of God, war or the public enemy whether declared or not, public
disorders, civil disturbance, insurrection, rebellion, sabotage, riots, violent
demonstrations, blockade, revolution, expropriation, requisition, confiscation,
nationalization, export or import restriction or other restrictions, rationing or
allocations imposed by any Governmental Instrumentality;
(b) any effect of unusual natural elements, including fire, volcanic eruption,
landslide, earthquakes, floods, lightning, typhoons, tsunami, perils of sea, or other
unusual natural calamities;

(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;

(d) explosion, accident or fire;

(e) strikes or lockouts or other collective or industrial action by workers or


employees;
(f) accidents of navigation or breakdown or injury of vessels, accidents to
harbors, docks, canals or other assistance to or adjuncts of shipping or navigation
whether river or otherwise, epidemic or quarantine;
(g) radioactive contamination or ionizing radiation;
(h) air crash, shipwreck, train wrecks or failures or delays of transportation;
(i) any action or failure to act without justifiable cause by any Governmental
Instrumentality of India;
(j) the adoption, enactment or application to the Purchaser or the Seller of any
Legal Requirement of any Governmental Instrumentality of India (i) relating to the
environment or (ii) not existing or not applicable to the Purchaser or the Seller on
the date of this Agreement, or any change in such Legal Requirement or the
application or interpretation thereof by a Governmental Instrumentality of India after
the date of this Agreement, but not including any such Legal Requirement or
interpretation or application thereof in existence at such date which by its terms
became or will become effective and applicable to the Purchaser or the Seller after
such date;
Effect of Force Majeure.
(a) Except as provided in below, Seller shall not be liable to Purchaser, and
Purchaser shall not be liable to Seller, for any failure or delay in transporting,
delivering, receiving or accepting delivery of Material or otherwise performing its
respective obligations to the extent such failure is caused by an Event of Force
Majeure.

(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.

Certain Delays Not Excused. Notwithstanding that an Event of Force Majeure


otherwise exists, the provisions of above shall not excuse the late payment of money
by Purchaser to Seller in respect of delivery of material already loaded for
Purchaser’s.

Notice of Force Majeure. As soon as possible, following the date of


commencement of any Event of Force Majeure, if either Party desires to invoke such
Event of Force Majeure as a cause for delay in the performance of any obligation
hereunder, it shall advise the other Party in writing of such date and the nature and
expected duration of such Event of Force Majeure. As soon as possible and in any
event within 24 hours following the termination of such Event of Force Majeure, the
Party having invoked such Event of Force Majeure as a cause for such delay shall
submit to the other Party reasonable proof of the nature of such delay and its effect
upon the time of performance. Following an Event of Force Majeure the Parties:
(a) shall make all reasonable efforts to prevent and reduce to a minimum and
mitigate the effect of any delay or cost increase occasioned by any Event of Force
Majeure including, without limitation, recourse by the Parties to alternate acceptable
sources of Material, services, equipment, materials, vessels and mining equipment;
and
(b) shall make all reasonable efforts to ensure resumption of normal performance
of this Agreement after the termination of any Event of Force Majeure and shall
perform their obligations to the maximum extent practicable as agreed between the
Parties.
22. REPRESENTATIONS AND WARRANTIES
Representations and Warranties of Purchaser. Purchaser represents and
warrants as follows:

(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;

(e) There are no actions, suits or proceedings pending, or to Purchaser's best


knowledge, threatened, against or affecting Purchaser before any court or
administrative body or arbitral tribunal that could reasonably be expected to
materially adversely affect the ability of Purchaser to meet and carry out its
obligations under this Agreement;
(f) The execution, delivery and performance by Purchaser of this Agreement has
been duly authorized by all requisite partnership 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.
Representations and Warranties of Seller. Seller represents and warrants as
follows:

(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;

(e) There are no actions, suits or proceedings pending, or to Seller's best


knowledge, threatened, against or affecting Seller before any court or administrative
body or arbitral tribunal that could reasonably be expected to materially adversely
affect the ability of Seller to meet and carry out its obligations under this Agreement;

(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;

23. SELLER COVENANTS


Seller hereby covenants and agrees as follows:

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,

Vice President (Materials)


Essar Steel Ltd
Essar House,
27 k.m., Surat-Hazira road
Hazira,
SURAT - 394270
India
Annexure IV (A):

TENDER FOR SUPPLY OF (MATERIAL) (INDIGENOUS)


(To be filled in by the Bidder)

1. Offer of M/s._______________________________________________________
_________________________________________________________________
_________________________________________________________________
(Name & Complete Address of Bidder)

Status of the Company: Private Limited / Public Limited / Partnership etc


(Company structure and ownership).
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

Any other relevant information which _________________Manufacturer may like to


give : ______________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person
Name of the CEO of the Company

2. (i) Name and Address of the Manufacturer :


___________________________________________________________________
___________________________________________________________________

Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person

Name of the CEO of the Company

(ii) Location of the plant from where supplies :___________________________


shall be made.

(iii) Annual production capacity : ___________________________


(iv) Quantity booked by Supplier : ___________________________

3 (a) Whether specification of the material : ___________________________


offered is strictly as per tender.

(b) If yes, give details as below :

Technical Unit Guaranteed Typical Analysis Standard


Parameters (Limit)

(c) Please give brief description regarding : ___________________________


process of manufacturing with flow diagram.

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) ________

5 (i). Quantity offered. : ___________


(ii) Confirm acceptance to our : ___________
supply Quantity.

(iii) Please confirm material shall be supplied : ___________


duly packed in proper packaging for intermediate handling

6.(i) Indicate monthly committed rate of supply. : ___________

(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 .

Year Production Turn Over Rs in Cr.

8. Please Confirm acceptance to sampling & Pre-shipment inspection ___________

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. : ________________

Please confirm freight offered is as per condition of (b1) or (b2) below.

(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 :

Define the parameters considered:

(b) In case of price variation please indicate maximum ceiling limit on escalation.
(Note without ceiling limit no escalation shall be considered). :

CEILING LIMIT OF ESCALATION :

(c) Any other condition mentioned in price bid should be mentioned here. Otherwise
offer shall be liable for rejection. :

12 (a) (i) Indicate present rate of Excise Duty Applicable ___________


(ii) whether the same is excluded from the quoted price. ___________

(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:

18. Confirm acceptance of Liquidated Damages for delay in deliveries specified in of


Tender Notice: ________________

19. Confirm specific acceptance to our operation Risk Purchase clause. :


________________

20. SSI unit Valid registration certificate : Yes/No ________________


and/or (Specify Reg no.)
Registered under MSME regulation : Yes/No ________________
(Specify Reg no.)
(Please enclose copies of registrations)

21. Confirm acceptance to payment terms -----------------------

22. Confirm acceptance of part order. : _________________

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.

Signature of the Bidder

PLACE : Name :
DATE : Designation :

Company Seal :
Annexure IV(B)
Indigenous bidder quoting for Sale Transaction within India in Indian Rupees.

Material : Material Ref No. _________________


Qty.offered Unit Price ___________

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.

All handling, unloading/loading activities, customs clearance, transportation upto


destination as well as activities relating to liasioning with the customs authorities
shall be in the seller’s scope.

4. Weight of material as determined at Essar Steel Limited ’s weigh-bridge at


destination, i.e. Essar Steel Limited -Stores, Hazira plant, Hazira, Gujarat 394270,
shall be final and binding on both Seller & Essar Steel Limited . However, in the
event of logistics activities not being assigned to Seller, Seller, in his interest and
costs, shall take the weight of containers while sealing and handing over to the Essar
Steel Limited ’s nominated agency, and also while return of empty containers at
container yard near Nhava Sheva, Mumbai seaport. Free time for detention of
containers shall not be less than 14 days.

Signature of the bidder with date


Name : ____________________
Designation: ___________________
Company : ____________________
Official seal/stamp:
Annexure IV(D)

Indigenous SEZ bidder quoting in Foreign Currency

Material : Material Ref No. _________________


Qty.offered Unit Price ___________

SEZ Approval Details :


LOI : ____________________________
Notified under : ____________________________
Copy of Approval enclosed (Yes/No) ____________________________
Incase “No” bid may be rejected.

Currency : ____________________________

a. Ex-Works Price ___________________________


:

b. FOB Charges (like Packing, Forwarding, documentation, Insurance etc.) upto


seaport of dispatch at ______________ (please specify name of International
seaport)
: ___________________________

c Price on FOB # dispatch basis ( sum of a + b) :___________________________

d. Inland Freight charges from dispatch point at ______________ (please specify


Notified SEZ gate) upto Hazira SEZ gate, Surat (India).
____________________________
e. Price on CFR Hazira, Surat SEZ Gate
(Sum of c +d) ____________________________

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.

Signature of the bidder with date

Name : ____________________
Designation : ____________________
Company : ____________________

Official seal/stamp:
Annexure IV (E)

TENDER FOR SUPPLY OF (MATERIAL) (OVERSEAS)


(To be filled in by the Bidder)

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


`
Note: Authorisation Letter must accompany if offer is being submitted by an agent in
India.

2. Name & Complete Address of Supplier/ Principal :


_________________________________________________________________
_________________________________________________________________

Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person

Name of the CEO of the Company

3. Name & Complete Address of Manufacturer:


_________________________________________________________________
_________________________________________________________________

Fax No.
Telex No.
Telephone No.
E-mail Address
Cable Address
Contact Person

Name of the CEO of the Company

(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.

4. Name and address of the Indian Agent (if any). : _______________


5 (a) Whether specification of the material offered is
strictly as per details.

(b) If Yes , Please provide below details :

Technical Unit Guaranteed Typical Analysis


Parameters (Limit) Standard

(c) Please give brief description regarding process


of manufacturing along with flow diagram :

Note : (All bidders who had not supplied to Essar Steel Limited earlier are required to
submit representative sample along with tender.)

6. Validity of the offer (Minimum 30 days) :

7 (i). Quantity offered. : _______________


(ii) Confirm acceptance to supply Quantity. : _______________
(iii) Please confirm material shall be supplied packed in duly packed in proper
packaging for intermediate handling for shipment in containers (.) _____________

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. ________________

9.(a) Confirm both FOB & CFR prices will remain


firm & fixed till completed execution of order ________________

(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 :

Define the parameters considered:

(c) In case of price variation please indicate maximum ceiling limit on escalation.
(Note without ceiling limit no escalation shall be considered). :

CEILING LIMIT OF ESCALATION :

(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).

Year Production Turn Over Rs in Cr.

Whether balance sheet submitted _________________

13. FIRM SHIPMENT SCHEDULE

(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. ________________

(iv) Please indicate port of Loading & Load Port ________________


details including restriction if any.
14. 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 ________________

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: ________________

17. Confirm specific acceptance to our operation Risk Purchase clause. :


________________

18. Confirm acceptance to payment terms of tender notice: ________________

19. Confirm acceptance of part order. : ________________

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.

Signature of the Bidder


PLACE : Name :
DATE : Designation :

Company Seal :
Annexure IV(F)
Foreign Bidder quoting in Foreign Currency

Material: Material Ref No. _________________


Qty.offered Unit Price ___________

Currency :

a. Ex-Works Price ___________________________


:

b. FOB Charges (like Packing, Forwarding, documentation, Insurance etc.) upto


seaport of dispatch at ______________ (please specify name of International
seaport)
: _____________________

c Price on FOB seaport of dispatch basis ( sum of a + b) :_____________________

d. Ocean Freight charges from seaport of dispatch at ______________(please


specify name of seaport ) upto seaport of discharge at Nhava Sheva, Mumbai
(India). --------------- -------------

e. Price on CFR Nhava Sheva, Mumbai seaport basis


( sum of c +d) --------------- -------------

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.

Signature of the bidder with date

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.

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
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

4. Date from which the mandate should be effective :

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)

N.B. : RTGS charges if any, is to be borne by the party.

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.

4. Date from which the mandate should be effective:


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 Internet.

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 (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)

1. Name of the enterprises/firm/corporation & Address


___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

2. Nature of business of the Firm/corporation/entity

Engaged in Mfg. Production of goods


or
Providing/rendering of services

3. Nature of business with Essar Steel Limited


___________________________________________________________________

4. Investment in plant & machinery or in Equipment (other than land and building)

If engaged in Mfg. production of goods


or
If engaged in Providing/Rendering of services

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

In case of micro & small enterprises/ Firm/Co. with state authorities


Yes/ No __________
In case medium enterprises/firm/Co. With central authorities
Yes/ No __________
6. If yes, date & ref. of filing memorandum
___________________________________________________________________
___________________________________________________________________

7. If certification received enclose copy of certification

(Signature of Authorised Person with seal and Date)


Annexure IV (J)
EXPRESSION OF INTEREST FOR DRAWING BASED ITEMS
(To be filled by respective enterprise/firm/corporation)
(Strictly for private use only)
To
Essar Steel Limited,
--------------------------------
--------------------------------
---------------------------------
Dear Sir,
Sub: Expression of interest

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.

4. To maintain confidentiality of details provided in the drawing.

5. To take all imaginable measures required to comply with obligations of


secrecy.

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

Signature of the party / Authorized Signatory


-----------------------------------------------------------------------------------------------
Place:
Date:

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