MALABAR CEMENTS LIMITED (A Govt. of Undertaking) WALAYAR, (DT), KERALA- 678624 PH: 0491-2863672. Email: [email protected]

TENDER REF. NO: MCL/P/E/MME /GNM/ 24785 /2018 DT 01.12.2018

ITEM TITLE: SUPPLY OF REAR DUMPER. PART I

Malabar Cements Ltd invites online bids (E-TENDER) from manufacturers/ suppliers for Supply of the following through the Kerala Govt. E-tender portal http://etenders.kerala.gov.in as per the details furnished.

Material no. Material Description Quantity Unit

9000130 REAR DUMPER. 1 NO.

EMD: Rs 1,60,000/- Technical details to be furnished/ confirmed by the bidder along with the offer is as detailed below:

A.Technical Details to be Furnished/Confirmed by the Bidder

1.The model of Rear Dumper with standard accessories shall be suitable for transportation of crystalline limestone/blackstone/Hard Overburden/soil operation in Panadarathu Limestone Mine. The bidder shall visit our Mine and get themselves acquainted with the operating and maintenance practices before submitting their offer.

2.Rated Pay Load-31-34 MT

3.Gross vehicle weight

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4.Type of Machine-Rear Dumper with automatic transmission, hydraulic power steering and Non-heated body type.

5.Engine Model,Make,Type,HP,Max Torque,Characteristic curves etc. to be furnished.

6. Fuel consumption (ltr/hr)

7. Hydraulic system details.

8. Tyre details:MRF/CEAT/BKT Tubeless type,E4 suitable for rock application required.

9. Overall dimension.

10.Capacity of Fuel tank, lubricant refill capacities etc.

11.Operator Cabin: i. As per DGMS requirement ii. Air conditioned cabin with all monitoring and safety gauges,electronic hour meter,rear view camera and rear view,side view and blind spot mirrors etc. iii. Rolling Object Protective Structure(ROPS) type. iv. Cabin at LH side of dumper.Door at both sides required.

12.All Safety featrures- Strictly as per the latest DGMS norms, with Electrically driven hydraulic pump and motor emergency steering, audiovisual alarms, reverse light & horn etc.

13.Brake system – adjustment free dry Disc brake system for front axle and wet multiple disc for rear axle.

14.Fitted with fire extinguishers :Inside operator cabin + on the equipment.

15.Bucket suitable for hard rock application.Non-heated body type.

16.Centrlized Lubrication system. Auto lubrication system required.

17.Suspension charging kit required. 18.Tyre inflation kit required.

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19.Standard accessories list.

20.Optional accessories with rate.

21.Standard tool kit details.

22.Catalogues (including a/c system)- 2 sets of parts catalogue, operation & maintenance manual, shop manual and one soft copy to be supplied.

23. i) Warranty period of equipment,sub assemblies,engine etc to be mentioned clearly. ii) Extended warranty for Engine required. (5000 hours or 24 months from date of commissioning ) to be agreed by tenderer. iii) Extended warranty for transmission required. (5000 hours or months from date of commissioning ) to be agreed by tenderer.

24. i) Price list of Consumable spares like filters,seal kits, service kit (maintenance kit), O rings, V Belt for 2000 hrs operation to be quoted separately and the price shall be held firm for a period of one year. Separate order will be placed for the same. ii) Consumable service kit for the first two-oil service to be supplied along with the equipment free of cost. iii) List of indicative operational spares consisting of hoses, O‟ ring, seal kits shall be furnished with price for 4000 Hrs of operation.

25.Periodic maintenance schedule with consumable item details and its quantity shall be furnished along with offer.

26.Guarantee parameters to be outlined like a)Fuel consumption b) Maximum availability etc.

27.Operation and owning cost.

28.List of similar equipments being operated in other limestone/other mines with details like location and year of supply.

29.Details of the nearest location where the offered model is under operation.

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30.After sales service backup to be outlined along with this offer. Nearest service centre details to be mentioned.

31.Commissioning of the equipment to be done by party free of cost at MCL Mines.

32.Predelivery Inspection report/test report of equipment,subassemblies,engine,air conditioning system etc to be provided.

33.Party shall clearly specify the dispatch mode and details of the equipment. The party shall conduct a route survey to get themselves acquainted before selecting the transportation mode. 34. company profile with details like turnover, profit etc.. 35. Low bed trailer to be arranged by party for transporting the components/sub assemblies. So as to cross the railway level cross at Walayar. 36. Any other details.

B.Eligibility criteria

1. The bidder should be a leading manufacturer of heavy earth moving machinery , which is registered as a company in India under Company‟s Act and having the manufacturing and services network in India. JV / a suitable subsidiary of an internationally reputed brand registered as above also are eligible. 2. The bidder should have manufacturing experience of minimum 5 years in the field of Rear Dumper. 3. The bidder should have minimum population of 100 nos of rear dumpers in India during last 5 years. The population list indicating the serial number of the machines should be enclosed . 4. Out of the above, minimum 20 numbers should be of 30 MT class or above .Purchase order copies and / or performance certificate to be enclosed for the same. 5. If the tenderer is our regular supplier for similar item , the performance of the supplies made by the tenderer also will be considered for evaluation. 6. Tender document should duly signed in all pages and its scan copy to be uploaded. 7. To upload the tender acceptance form duly signed.

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8. Undertaking letter to furnish the agreement on receipt of order / LOI as per Annexure ii

Class of Suppliers 1.Manufacturer

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INSTRUCTION TO TENDERER FOR SUBMISSION OF E BID IN E PORTAL

1.This tender is an e-tender and is being published online . The tender is invited in 2 cover system from the registered and eligible firms through e-Procurement portal of (https:///www.etenders.kerala.gov.in. ) Prospective tenderers willing to participate in this tender shall necessarily register themselves with above mentioned e-procurement portal.

2. The Tender timeline is available in the critical date section of this tender published in www.etender.keral.gov.in.

3. Online Tenderer registeration process: Tenderer should have a Class II or above Digital Signature Certificate (DSC) to be procured from any Registration Authorities (RA) under the Certifying Agency of India. Details of RAs will be available on www.cca.gov.in . Once, the DSC is obtained, tenderers have to register on www.etenders.kerala.gov.in website for participating in this tender. Website registeration is a one- time process without any registration fees. However, tenderers have to procure DSC at their own cost. Tenderers may contact e- Procurement support desk of Kerala State IT Mission over telephone at 0471-257708,2577088, 257718, 2577388 or 0484-2336006, 2332262 or 0497-2764188,2764788 or through email: [email protected] for assistance in this regard.

4. Online Tender Process: The tender process shall consist of the following stages. i) Downloading of tender document: Tender document will be available for free download on www.etenders.kerala.gov.in . EMD shall be payable through online at the time of bid submission as stipulated in this tender document as well as the guidelines of E portal. ii) Publishing of Corrigendum: All corrigenda, if any, shall be published on www.etenders.kerala.gov.in and shall not be available elsewhere. iii) Bid submission: Tenderers have to submit their bids along with supporting documents as required in this tender document on www.etenders.kerala.gov.in No manual submission of bid is allowed and manual bids shall not be accepted under any circumstances.

6 | P a g e iv) Opening of Technical Bid and tenderers short-listing: The technical bids will be opened, evaluated and shortlisted as per the eligibility and technical qualifications. Failure to submit the documents online will attract disqualification. Bids shortlisted by this process will be taken up for opening the financial bid.

5. Opening of financial bids: Qualified bids of approved tenderers‟s shall only be considered for opening and evaluation of the financial bid on the date and time mentioned in critical date‟s section.

6. Company shall not be responsible for any delays reasons whatsoever in receiving as well as submitting offers, including connectivity issues. Company shall not be responsible for any delays in submitting EMD/Tender cost wherever applicable.

7. Tender opening will be done online at the time and dates specified in the tender Critical Dates View of work item Details

8.The tenderer are requested to go through the instruction to the tenderers in the website http://etender.kerala.gov.in . The tenderers who submit their bids for this tender after deigitally signing using their Digital Signature Certificate (DSC), accept that they have clearly understood and agreed the terms and conditions in the website including the terms and condition of this tender.

TWO COVER SYSTEM:

Tenderers are required to submit offer namely‟Fee/Technical and unpriced commercial & „Priced Cover”

COVER 1 („Fee/prequel/Technical and unpriced commercial cover‟)

Tenderers are requested to upload the scanned copies of the following details‟ online‟.

Documents as a documentary evidence to be enclosed along with cover-1 as mentioned in eligibility criteria. Company Profile consisting of organisation details, authorization details, contact address, contact person, contact active E mail ID, copy of pan card ,CIN Certificate, sale Tax clearance certificate issued by the concerned Authority and copies of GST registration number

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Duly signed (all pages ) of Tender document and connected corrigendum, drawing etc and other documents issued as and when against this tender  Unprice bid in letterhead (specification of the item offered, terms and conditions of supply). It should contain all relevant data regarding the tendered item. (Do not mention anything regarding rate)  Scanned copies of purchase order (atleast 2 nos) for similar item you have got from other reputed industries. A bidder shall not be allowed to use the credentials of its parent or any group company to meet the experience criteria  Scanned copies of performance certificate provided by the client industries to whom you have supplied similar item.

COVER II (price Bid)

Tenderer should quote their lowest rate for delivery of items at our site Walayar,palakkad,Kerala in the BOQ only.

The tenderer shall complete the price bid as per format given for download along with this tender. The blank price bid should be downloaded and saved on tenderer‟s computer without changing file- name otherwise price bid will not get uploaded. The tenderer should fill in the details in the same file and upload the same back to the website.

Bidders are requested to quote rates in the Finance cover (BOQ) only. Please do not quote /mention rates anywhere else in the tender other than BOQ.

Online Payment mode:

The tender document fees and EMD can be paid in the following manner through e-payment facility provided by the e-procurment system: 1. State Bank of India (SBI) Internet Banking: If a tenderer has a SBI Internet banking account, then during the online bid submission process, tenderer shall select SBI option and then select Internet banking option. The e-procurement system will re-direct the tenderer to SBI‟s Internet banking page where he can enter his

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Internet banking credentials and transfer the tender cost and EMD amount.

2. National Electric Fund Transfer(NEFT) Real time Gross Settlement (RTGS) If a tenderer hold bank account in a different bank then, during the online bid submission process, tenderer shall select NEFT/RTGS option. An online remittance form would be generated, which the tenderer can use for transferring amount through NEFT/RTGS either by using Internet banking of his bank or visiting nearest branch of his bank. After obtaining the successful transaction receipt no., the tenderer has to update the same in e-procurement system for completing the process of bid submission. Tenderer should only use the details given in the Remittance form for making a NEFT/RTGS payment otherwise payment would result in failure in e-procurement system.

As NEFT payment status confirmation is not received by e- procurement system on a real-time basis, tenderers are advised to exercise NEFT mode of payment option at least 48 hours prior to the last date and time of bid submission to avoid any payment issues.

For RTGS the timing that the banks follow any vary depending on the customer timings of the bank branches and settlement from RBI. Tenderers are advised to exercise RTGS mode of payment at least 24 hours prior to the last date and time of bid submission to avoid any payment issues.

3. Single transaction for remitting EMD: Tenderer should ensure that EMD is remitted as one single transaction.

4. Account number as per Remittance form only: Account no. entered during NEFT/RTGS remittance at any bank counter or during adding beneficiary account in Internet banking site should be the same as it appears in the remittance form generated for that particular bid by the e-procurement system. Tenderers should ensure that EMD is remitted only to the account number given in the Remittance form provided by e-procurement system for that particular tender.

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5. Tenderers must ensure that the banker inputs the Account Number (Which is case sensitive) as displayed in the Remittance form. No additional information like tenderer name, company name, etc., should be entered in the account no. column along with account no. for NEFT/RTGS remittance.

6. Only NEFT/RTGS Remittance Allowed: Account to Account transfer, State Bank Group Transfer (CRPT), payment from NRE Account, Swift transfer IMPS or Cash payments are not allowed and are treated as invalid mode of payment Tenderer must ensure that the banker does NEFT or RTGS (for above 2 lakhs payments as per RBI guidelines) transaction only and specially instruct the banks not to convert the payment type to GRPT or any other payment mode.

7. Amount as per Remittance form: Tenderer should ensure that the amount being remitted is neither less not higher than the amount shown in remittance form.

8. UTR Number: Tenderer should ensure that the remittance confirmation (UTR number) received after NEFT/RTGS transfer should be updated as it is in the e-procurement system for tracking the payment.

9. One remittance for per tenderer and per bid: The remittance form provided by e-procurement system shall be valid for that particular tenderer and bid and should not be re-used for any other tender or bid or by any other tenderer.

Any transaction charges levied whole using any of the above modes of online payment has to be borne by the tenderer. The supplier/contractor‟s bid will be evaluated only if payment status against tenderer is showing „Success‟ during bid opening.

MSME Companies are exempted from submitting the EMD for this tender. However they shall upload the MSME certificate in the E Portal in the place of exemption certificate

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PART II TENDER GENERAL TERMS AND CONDITIONS

1. Tender:-

a) Every tender shall be made in English. b) If the tenderer is a firm or company, the tender documents to be submitted by the authorized signatory of the firm.

b) If the tenderer is a partnership firm, copy of the partnership deed/agreement duly attested by the notary public to be enclosed.

c) Tenders not submitted in the appropriate forms, or if they are not complete in all respects, are likely to be rejected.

d) When a tenderer submits his tender in response to this document, he will be deemed to have understood fully about the requirements of the terms and conditions of the tenderer.

e) On the due date of opening, the tender will be opened.

f) MCL does not bind itself to accept the lowest tender or assign any reason for non-acceptance of the same.

2. Submit your offer Online on Kerala Government Portal Website: http://etenders.kerala.gov.inonly. Any addendum/sale date extension in respect of above tender shall be issued on website: http://etenders.kerala.gov.in only and no separate notification shall be published in the press.

Bidders are therefore requested to regularly visit website to keep themselves updated. If registered in product alert in E-Portal, automatic e-mail alert will be received.

3. Bids will be accepted only through the E-Portal No. Manual bids shall not be permitted along with electronic bids. Tender issuing authority is not responsible for the delay/non- downloading of tender documents by the recipient due to any problem in accessing the E-Tender website.

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The issuing authority is also not responsible for delay in uploading bids due to any problem in the E-Tender website or Net connectivity. For such technical lags please contact E-Tender help desk as given below.

1. 0471-2577088 Thiruvananthapuram 2. 0497-2764188 ,0497-2767788 Kannur 3. 0483-7732941 Malappuram

4. The bid should be submitted online at website http://etenders.kerala.gov.in in the relevant covers only, by the due date and time, as specified in the “Critical Dates” view of the Work Item details of the tender. Late / delayed tenders submitted on line after the due date and time, for whatsoever reasons will not be considered. The Server Date & Time as appearing on the website. http:// etenders.kerala.gov.in shall only be considered for the critical date and time of tenders. Offers sent through post, telegram, fax, telex, e-mail, courier will not be considered.

5. Partially completed / incomplete bids shall not be considered.

6. All communication regarding the tender including queries if any and submission of offers shall be done online within the e- Procurement system at website http:// etenders. kerala. gov.in.

7. Bidders shall be required to arrange all resources, including digital Signature Certificates and Internet Connections at their own cost, for participating in online tenders at http://etenders.kerala.gov.in 8. MALABAR CEMENTS LTD shall not be responsible for any delays reasons what so ever in receiving as well as submitting offers, including connectivity issues.

9. MALABAR CEMENTS LTD will not be responsible for the cost incurred in preparation and submission of bids including the cost of digital certificate, regardless of the conduct of outcome of the biding process.

10. The system time (IST) displayed on E-Tendering web page shall be the reference time and no other time shall be taken into cognizance.

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11. Tender opening will be done online at the time and dates specified in the tender „Critical Dates View‟ of „Work Item Details.

12. The bidders are requested to go through the instruction to the bidders in the websitehttp://etenders.kerala.gov.in. The bidders who submit their bids for this tender after digitally signing using their Digital Signature Certificate (DSC), accept that they have clearly understood and agreed the terms and conditions in the website including the terms and conditions of this tender.

13. Tenderers if required, any doubts regarding Digital signature certificate and e-bidding the same shall be clarified through ETender help desk lins and their details are as follows:

1) 0471-2577088 Thiruvananthapuram 2) 0497-2764188 ,0497-2767788 Kannur 3) 0483-7732941 Malappuram

14. MALABAR CEMENTS LTD reserves the right to accept any offer in whole or in part or reject any or all offers without assigning any reason. MALABAR CEMENTS LTD reserves right to accept any or more offers in part. Decision of MALABAR CEMENTS LTD in this regard shall be final and binding on the bidder.

15. The Tender and any order resulting from this Tender shall be governed by our conditions of order and the supplier quoting against this Tender shall be deemed to have read understood the same.

16.Where Counter Terms and Conditions of business have been offered by the supplier, shall not be deemed to be governed by those unless our specific written acceptance thereof has been given.

17. Specifications:- Materials should be offered strictly conforming to our specifications or else your detailed specification with illustrated leaflets. The supplier should indicate Make/Type Number of the materials offered and catalogues, technical literature and Samples, wherever necessary, should also be uploaded by the tenderer.

18. The dealers who are submitting offers on behalf of their principals must attach the authorization letter of their manufacturers along with the bid.

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19.Rights of the Company:

Not withstanding anything contained in this Specification, the MCL reserves the rights: a)To split the Tendered Quantity and place orders on one or more than one firm if the tendered material is so vital in nature and the failure in supply would affect the production. b)To recover losses, if any, sustained by MCL, from the supplier who pleads his inability to supply and backs out of his obligation after award of contract. The security deposit paid shall, be forfeited and also the poor performance will be recorded either for banning them for near future tenders or Blacklisted with respect to severity of default. c)To cancel the orders for not keeping up the delivery schedule and arrange the material from alternative sources from the open market at the cost and risk of tenderer. d)To vary the delivery period based on the requirement and contingencies at the time of placing the purchase order. e)To accept the lowest eligible tender. f)To reject any or all the tenders or cancel without assigning any reasons therefore. g)To relax or waive or amend any of the conditions stipulated in the tender Specification wherever deemed necessary in the best interest of the MCL.

h)to request for any additional information and also reserves the right to reject or accept the proposal of any tenderer, if in the opinion of the purchaser, the qualification data is incomplete or in the opinion of the MCL the bidder is found not qualified to satisfactorily perform the contract.

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20.VALIDITY: a) The tender offer shall be kept valid for acceptance for period of 120 days from the date of opening of offers. The offers with lesser validity period are liable for rejection. b) Further, the tenderer shall agree to extend the validity of the Bids without altering the substance and prices of their Bid for further periods, if any, required by the MCL.

21.FREIGHT & INSURANCE:

The Tenderer shall quote Freight component inclusive of insurance in BOQ which shall be kept firm during the contract period. Tenderer shall arrange to pay Freight & Insurance for the tendered items being supplied by them, through any of the carriers approved by Nationalised Insurance Companies. MCL will reimburse the cost towards the freight and Insurance. It will be the responsibility of the tenderer to replace the defective/damaged materials and make good the shortages and other losses in transit, free of cost, lodge and recover claim from insurance Under writers/Carriers.

22.EMD (Earnest Money Deposit):

Tenderers are required to remit an Earnest Money Deposit as indicated in the PART-1 through online banking SBI NEFT/RTGS.DD/Cash/Cheque/Deposit Receipt/Bank Guarantee will not be accepted. Any existing amount available with MCL in any form will not be adjusted against the Earnest Money Deposit for this tender. a) MSME Companies are exempted from submitting the EMD for this tender. However they shall upload the MSME certificate in the E Portal in the place of exemption certificate b) Earnest Money will be forfeited if the rates are enhanced from their quoted rate during the validity period or extended period, or the order is not executed after acceptance of order. Tenders received without EMD will not be considered. c) If any supplier backs out after the Company has accepted his tender, it will be considered as default and the EMD will be forfeited by the Company by informing the supplier as having done so.

15 | P a g e d) The Earnest Money Deposit of unsuccessful tenderer‟ s will be automatically credited to their respective account .The EMD of successful tenderer‟ s will be refunded after executing the order. e) The Earnest Money Deposit will not bear any interest.

23.SECURITY DEPOSIT: a)Successful tenderer will be required to pay an amount equivalent to 5% of the order value towards Security Deposit for due performance of the order. b) Security deposit in accordance with the conditions of the tender shall be furnished within 10days of the award of order. c) The security deposit should be made in the form of Bank Draft in favour of MALABAR CEMENTS LIMITED payable at Palakkad , Kerala, India. If the tenderer is capable of furnishing Bank Guarantee (BG), shall submit the same .However BG shall be as per MCL Performa(Annexure IV) d) In the event of any upward revision in the value of the order arising on account of quantity increase in materials to be supplied, the successful tenderer should on receiving intimation from MCL, increase the security deposit by such sum as specified by the company on the total revised value of the order. e) The security deposit will not bear any interest. The company reserves the right to adjust security deposit towards any amount due to it from the successful tenderer and in such an event, the successful tenderer, on receipt of intimation from the company should make further deposit to restore the security deposit to the full amount. f) The security deposit shall be liable to be forfeited, should the successful tenderer either fail to deliver supplies as per delivery schedule. This will also include the reimbursement to MCL in the event of risk purchase from the open market at the risk and cost of the tenderer in respect of such quantities that the tenderer fails to deliver in accordance with the delivery schedule agreed to. g) MCL is empowered to deduct from the security deposit or any other outstanding amount or any sum that may be fixed by the company as

16 | P a g e being the amount of losses or damages suffered by it including production loss caused to the company due to non supply or due to delay in performance or non-performance of any of the conditions of the tender/order. In case the above sum is insufficient to meet the losses/ damages, MCL will have the right to recover the loss/ damages from the assets of the tenderer. h) MCL shall have a lien on all or any money that may become due and payable to the tenderers under this order or any other order or transaction of any other nature either all alone or jointly with other supplier and unless the tenderer pays and clears the claim of the company immediately on demand, MCL shall be entitled at all times to deduct the said sum or debt due by the tendererer from any money/security deposit which may have become due or become payable to the tenderer under this order or any other order or transaction whatsoever between the tenderer and MCL, without prejudice and in addition to the other rights of the Company to recover the amount of any such claim by other remedies legally available. i) Security Deposit will be refunded only after performing the order in full. j) On receipt of Security Deposit, EMD will be refunded

24. Terms of prices:- a) Tenders should be submitted in F.O.R.MCL Stores Walayar//Mines as the case may be on door delivery basis. The prices should be firm and not subject to alteration on any account. b) The rates quoted should be valid for at least 120 days from the due date of opening from date of part I opening with firm delivery period. c)Landed cost/net off ITC price shall be considered for price comparison and order placement.

25.Delivery:-

Delivery Period shall be essence of the order and should be clearly stated in the Tender Acceptance Form. The Tenderer is responsible for delivery of the materials at the destination station in good condition. The tenderer shall include and provide for securely protecting and

17 | P a g e packing the materials as per relevant packing standards to avoid damages or loss in transit. All risks connected with the supply of these materials should be borne by the Tenderer.

26. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY :-

Timely delivery is the essence of the contract. If the contractor fails to supply the material as per our schedule due to the reasons attributable to the contractor, the contractor shall be liable to pay Liquidated Damages. Late despatches will be subjected to Liquidated Damages at the rate of ½% of the unexecuted portion of the order value per week‟s delay or part thereof subject to maximum of 10% of the total order value. Liquidated Damages will be levied subject to standard force-majeure conditions as mentioned below without prejudice to terminate the contract by invoking Clause (Risk Purchase). If there is any production loss due to failure of the contractor for reasons attributable to tenderer, such losses will be recovered from you. We are also at the liberty to cancel the whole/ part of the order in the event of failure on the part of the contractor in effecting supplies as specified.

27. FORCE MAJEURE CONDITIONS

If any time during continuance of the contract,it becomes impossible by means of war or war like operations, strike, riots, lockouts, civil commotion, epidemical sickness, pestilence, earth quake, storm, fire or floods, you shall during the continuance of such contingencies not to be bound to execute the contract. The supply shall be resumed immediately after contingency(s) has ceased or otherwise determined and your obligations shall continue to be in force for the correspondingly extended period after resumption of execution. You shall inform us by Registered post about such acts as and when they occur.

28. RISK PURCHASE: Tenderers failing to execute the order placed on them to the satisfaction of the MCL under the terms and conditions set forth therein, will be liable to make good the loss sustained by the MCL, consequent to the placing of fresh orders elsewhere at higher rate, i.e. the difference between the price accepted in the contract already entered into and the price at which fresh orders have been placed.

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This is without prejudice to the imposition of penalty under the Liquidated Damages clause.

In the event of termination of the contract by MCL in whole or in part due to poor performance of the Tenderer, MCL may terminate the contract at the risk and cost of the tenderer by issuing by a written communication on the tenderer or on its approved personnel. The contract can be terminated on such terms and in such manner as MCL deems appropriate and MCL may procure on such terms as required, services similar to those so terminated and the tenderer shall be liable to the MCL for any excess costs for similar services. However, in case of part termination of contract by the MCL, the Tenderer shall continue the performance of the contract to the extent it is not terminated under provisions of this clause

29. Tax: No Sales tax or any other tax will be payable by us unless payment of same is specifically stipulated by the supplier in their Price Bid(BOQ) and the same is legally leviable.

30. Bidder is requested to clearly mention the applicable taxes & duties and clearly mentioned the GST rate, ID No & HSN No. If bidder does not mentioned taxes and duties, the same shall be considered as “borne by bidder”

The rate of CGST, SGST, and IGST as applicable both in percentage and amount shall be indicated in the offer along with HSN code.

The bidder shall quote separately the GST in Percentage, P&F & Freight .The Evaluation will be based on LANDED COST at destination.

In respect of tenders where both supply of goods and services are involved, the respective GST for Services to be rendered and supply shall be taken for evaluation purposes.

It is the responsibility of the tenderer to make sure to quote the correct rates of GST leviable on the material at the time of tendering. If the rates quoted by the Tenderer are less / higher than the current rates prevailing at the time of tendering, the applicable GST will be taken for the evaluation.

Any variation in GST due to statutory variation within the contract delivery period shall only be considered.

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31. In case of any variation in tax or duty rate or introduction of new tax/duty after submission of bid, the offers shall be evaluated considering the rate /tax/duty as applicable on the date of price bid opening.

32.A bidder shall not be allowed to use the credentials of its parent or any group company to meet the experience criteria.

33.Bidders are requested to note the following a) Submission of authentic documents is the prime responsibility of the bidder. b) Wherever MCL has concern or apprehension regarding the authenticity/correctness of any document, hence reserves the rights of getting the documents cross verified from the documents issuing authority. c) Please note that offers should clearly include point-wise reply & acceptance of technical/commercial points indicated at agreed terms & conditions/special terms &conditions or elsewhere, enclosed with this enquiry.The bidder may submit an undertaking along with entire tender documents duly signed to the effect that he has fully read and understood the tender requirement and accept all terms & conditions of the tender and his offer is in confirmation to all terms of tender.

34. Invoice/Bills: Should be submitted in triplicate, along with the consignment.

35. Payment: 90% basic value of the material with 100% taxes and duties will be paid after receipt and acceptance of the materials at our end and balance 10% after warranty/guarantee period or against submission of Bank guarantee as per MCL Proforma ANNEXURE III

Payment will be paid within a reasonable time of 30 days against submission of bills along with the following documents after deducting recoveries, if any. i)Remittance details of Security Deposit (Original receipt) / Security Deposit cum Performance Bank Guarantee

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ii)Agreement as stipulated in the order. iii)Original Bill with any other GST Documents if any iv)Test Certificate wherever required. v)Guarantee Certificate wherever required vi)PAN No& GST Registration Particulars

Payment will be made Through E Payment only. Hence provide the following details: Bank Name: Account No. IFSC No.

36. Negotiations:

As per Go no 2508/B2/2013/SPD dt 28.10.2013 there will not be any negotiation with the tenderer, if the committee feels quoted prices are reasonable as per SPM Guidelines. The tenders are therefore advised to quote the lowest best possible rates to finalise the tender .

37.Please indicate G.S.T registration No. and HSN number in your invoices.

38.The successful tenderer within 10 days of acceptance of his tender shall execute an agreement with the MCL incorporating all the terms and conditions under which the MCL accepts his tender. The specimen of the agreement in given in Annexure I .

39.In case the tenderer fails to execute the agreement as aforesaid incorporating the terms and conditions governing the contract, the MCL shall have power and authority to recover from the tenderer any loss or damage caused to the MCL by such breach as may be determined by the MCL by appropriating the earnest money deposited by the tenderer and if the earnest money is found to be inadequate the deficit amount may be recovered from the tenderer and his properties movable and immovable hereinafter contained.

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40.All sums found due to the MCL under or by virtue of this agreement shall be recoverable from the tenderer and his properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of land revenue , and in such other manner as the MCL may deem fit.

41.Bidders are requested to note that tendering can be abandoned without assigning any reason. No compensation shall be paid for the efforts made by the bidder.

42.The Lowest tenderer will be evaluated based on either item wise lowest or lowest total basis as the case be

43.MCL reserves us the right to accept or reject any tender without assigning any reasons.

44.Preference will be given to Kerala Public Sector under takings as per the provisions of Stores Purchase Manual.

45.Court of Jurisdiction: The Court of Jurisdiction will be at Palakkad only.

AUTHORISED SIGNATORY

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Tender Acceptance Form (To be typed neately without deviation in tenderers letter head and to be uploaded)

To

The Managing Director MALABAR CEMENTS LTD., Walayar,Palakkad 678624

Sub: Acceptance of Terms & Conditions of Tender. Tender Reference No: Name of the tender:

Dear Sir,

1.I/We hereby certify that I/We have read the entire terms and conditions of the entire tender documents (including all documents like annexure(s), schedule(s), etc.,) which form part of the contract agreement and I/We shall abide hereby the terms / conditions / clauses contained therein.

2.The corrigendum(s) issued from time to time by your department/ organization too has also been taken into consideration, while submitting this acceptance letter.

4.I/We hereby unconditionally accept the tender conditions of above mentioned tender document(s) corrigendum(s) in its totality / entirety.

5.In case any provisions of this tender are found violated, then your department/organization shall without prejudice to any other right or remedy be at liberty to reject this tender/bid including the forfeiture of the full said earnest money deposit absolutely.

6.I/We agree to all above terms and conditions of the above tender and supply the items as per the specifications / drawings provided in the tender and quote the rates in Price bid of the tender with 120 days validity from the date of opening of PART I.

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Name and full address of the tenderer: (With contact person,email id & Mobile number)

Please provide HSN number without fail.

Sl. No HSN NO Item Short Text Quantity Un

1

Details of items offered against tender (Attach the catalogue if any )

* Payment terms: 90% basic value of the material with 100% taxes and duties will be paid after receipt and acceptance of the materials at our end and balance 10% after warranty/guarantee period or against submission of Bank guarantee as per MCL Proforma. * On door delivery basis at Malabar cements stores Cement Grinding Unit Cherthala.

Delivery period: ……………weeks

Warranty:

Signature of the Tenderer with seal Place: Date:

* Any deviation in these clause, Bid will be rejected.

(Note - As a token of acceptance of tender and Terms and Conditions thereof, tenderer have to upload this page in site)

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DOCUMENTS TO BE ATTACHED ALONG WITH COVER-1TENDERER SHALL FILL UP & UPLOAD IN COVER-I WITHOUT FAIL Sl No. Description To be filled as either Uploaded/Not Uploaded/Not applicable/Remarks

1 NAME OF THE AUTHORISED PERSON WHO SIGNED THIS TENDER 2 AUTHORISATION LETTER 3. ACTIVE CONTACT NO AND MAIL ID 4 Corporate identity number (CIN) 5 Copy of GST Registration number 6 Copy of PAN and GST Registration 7 Profile of the bidder with MSME Certificate if applicable. 8 Tender document duly signed by the authorized signatory with complete address of the firm, contact no. and contact email. 7 Copy of purchase orders duly attested for similar items. 9 Copy of invoices duly attested 10 Scanned Copy of Tender Acceptance Form Duly Signed. 11 Signed and Scanned Copy of Drawings 12 Signed and Scanned copy of Tender Deviation Statement, if any 13 Copy of GST registration No., PAN number and Excise 14 Any other documents if required

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ANNEXURE I AGREEMENT executed ………………………………………………..day of…………………….between ------(hereinafter called ‘contractor’) and Malabar Cements Ltd (hereinafter called ‘MCL’).

WHEREAS the Contractor has tendered for the supply of articles for the use of the MCL as per tender Notification No.………………………………..dated ……………………published at E-portal of the Kerala Government dated ………………………… which tender notification shall form part of this Agreement as if incorporated herein.

“AND WHEREAS the MCL/Purchasing Officer have/has been pleased to accept the offer subject to the conditions stipulated in the Supply Order No……………….. dated ………………….(which shall form part of this agreement as if incorporated herein) in respect of the articles mentioned therein.”

AND WHEREAS the contractor has as security for the due fulfillment of his obligations under this deed deposited `………………. being five per cent of the ordered value of the contract in by Demand draft “In favour of “Malabar Cements Limited,Palakkad or in the form of Bank Guarantee from the approved Nationalised Banks as per the MCL performa.

NOW THESE PRESENTS WITNESS AS FOLLOWS

1. (a) In cases where along with the tender samples have been forwarded to the MCL and the samples approved, the Contractor agrees to supply the materials according to the approved sample. In other cases the Contractor agrees to forward samples to MCL for approval if so required and then to supply materials according to such approved samples. When the samples are not required, the Contractor agrees to supply according to standard specifications.

Samples forwarded by the Contractor to the MCL will not be paid for and shall be the property of MCL but the MCL are at liberty to return them to the Contractor on the completion of his contract or to pay for them at agreed rates if they so choose. All samples

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must be clearly labelled showing to what particular items tendered for they relate and they should be of sufficient size and quantity to enable the MCL to see if the supplies made are according to the approved samples.

(b) The Contractor hereby declares that the goods sold to the MCL under this contract shall be of the best quality and workmanship and shall be strictly in accordance with the specifications and particulars contained in the copy of the order attached herewith and the contractor hereby guarantees that the said goods would continue to conform to the description and quality aforesaid for a period of…………………..days/months from the date of delivery of the said goods to MCL and that notwithstanding the fact that the MCL may have inspected and/or approved the said goods, if during the aforesaid period of ……………….days/months the said goods be discovered not to conform to the description and quality aforesaid or have deteriorated (and the decision of the MCL in that behalf will be final and conclusive) the MCL will be entitled to reject the said goods or such portion thereof as may be discovered not to conform to the said description and quality. On such rejection the goods will be at the contractor‟s risk and all the provisions herein contained relating to rejection of goods, etc., shall apply. The contractor shall if so called upon to do replace the goods, etc., or such portion thereof as is rejected by the MCL. Otherwise the Contractor shall pay to the MCL such damages as may arise by reason of the breach of the condition herein contained. Nothing herein contained shall prejudice any other right of the MCL in that behalf under this contract or otherwise.

2. Requests for enhancement of rates once accepted will not be considered except where MCL have prior to the actual supplies, expressly agreed in writing for any price variation under specified circumstance, conditions of sale or other special terms and conditions, if any, printed on the quotation sheets of the Contractor or attached with the contractors‟ tender or any other letter or paper from the Contractor will not govern this contract nor bind the MCL in any manner whatsoever unless such terms have been expressly accepted by the MCL in writing.

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3. The articles and quantities to be supplied are shown in the copy of the supply order No……. and date…… attached herewith. The contractor agrees to Supply the quantities of the articles shown in the order at the rate tendered by him for each article within the time fixed.

4. The Contractor agrees that time is the essence of this contract.

5(a) If the Contractor defaults in the supply of all or any of the articles correctly and promptly as above the MCL are at liberty to procure the same from elsewhere without cancelling the contract as a whole. If MCL incur, in thus procuring such materials a higher cost than the agreed rate such excess cost may be deducted by the MCL from the contractor‟s bill or adjusted or otherwise realized from his security deposit or recovered from him by other means. The contractor agrees that he shall not be entitled to claim the excess, if any, of the tendered rate over such cost.

(b) If the contractor fails to deliver all or any of the stores or perform the service within the time/period(s) specified in the contract, the purchaser shall without prejudice to its other remedies under the contract, deduct from the contract price as liquidated damages, a sum equivalent to 0.5% of the delivered price of the delayed stores for each week of delay or part there of until actual delivery or performance, upto a maximum deduction of 10% of the contract prices of the delayed stores. Once the maximum is reached, the purchaser may consider termination of the contract at the risk and cost of the contractor.

6(a) All payments to the Contractor for supplies effected satisfactorily will be made after scrutiny of his bills -

i)either by NEFT or RTGS. Contractor has to furnish the bank details to facilitate the payment.

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(b) The firms will produce stamped pre-receipted invoices in all cases where payments (advance/final) for release of railway receipts/shipping documents are made through Banks. In exceptional cases where the stamped receipts of the firms are not received for the payments (in advance) the unstamped receipt of the bank (ie counterfoils of pay-in-slips issued by the Bank) alone may be accepted as a valid proof for the payment made.

7. All incidental expenses incurred by the MCL for making payment outside the District in which the claim arises shall be borne by the contractor.

8. The contractor shall not assign or make over in part or wholly the contract or the benefits or burdens thereof. The contractor shall not underlet or sublet the execution of the contract or any part thereof without the consent in writing of the MCL. The MCL shall have absolute power to refuse such consent or rescind such consent (if given) at any time. The contractor shall not be relieved from his obligation, duty or responsibility under this contract even if consent to let or subject is given by the MCL.

9. NOTWITHSTANDING the provisions contained in clause 5, the MCL shall have the right to cancel the contract for any default on the part of the contractor in due performance thereof.

10. It shall be lawful for the MCL from and out of any money for the time being payable or due to the Contractor from the MCL under this contract or otherwise to set off any loss or expense, cost or damages sustained or incurred by the MCL by reason of the cancellation of the contract.

11. The security deposit shall subject to the conditions specified herein be returned to the contractor within three months after the expiration of the contract. In all cases where there are guarantee for the goods supplied the security deposit will be released only after the expiry of the guarantee period.

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12. The contractor agrees that any communication addressed to him may be handed over to him or his agent personally or left at his residence or place of business or may be sent by prepaid post to his address as mentioned in this deed.

13.In case the supply of articles involves erection of machinery the contractor agrees that the machinery will be erected within the time and at the place specified by the MCL/Purchasing Officer in that behalf. It shall also be the duty ad responsibility of the contractor to see that the machinery thus erected is in good working condition to the satisfaction of the person duly authorized by the MCL/Purchasing Officer in that behalf and to ensure the proper functioning of the machinery till the guarantee period is over.

NOTE: In the event of failure of the contractor to erect the machinery within the time and at the place specified by the MCL/Purchasing Officer or in the event of the machinery failing to function properly during the guarantee period the amount spent by the Government and the loss sustained by the MCL on this account by making alternative arrangements shall be recoverable from the contractor in the manner provided in Clause 15 here under.

14.The Contractor agrees that all sums found due to the Government under or by virtue of these presents shall be recoverable from him and his properties, movable and immovable, under the provisions of the Revenue Recovery Act, for the time being in force as though they are arrears of land revenue or in any other manner and within such time as the MCL may deem fit. In deciding what sum of money is due to MCL under or by virtue of this deed, the contractor agrees that the decision of the MCL shall be final and conclusive and shall be binding on the contractor.

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15. The Contractor agrees that any Sum of money due and payable to him from MCL shall be adjusted against any sum of money due to MCL from him under any other contracts. IN WITNESS WHEREOF the Contractor and Shri …………………… ……………

……………….. ………………………. (H.E. name and designation) for and on

On behalf of the Malabar cements ltd have hereunto set their hands.

Signed, sealed and delivered by…………………………

(Contractor)

In the presence of witness (1)

(2)

Signed, sealed and delivery by Shri ………………………………. …………………… (H.E name and designation) for and on behalf of the Malabar Cements Ltd.

In the presence of witness (1)

(2)

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ANNEXURE II UNDERTAKING LETTER

Ref No: DT:

MANAGING DIRECTOR MALABAR CEMENTS LTD WALAYAR P.O PALAKKAD-678624

Dear Sir,

Sub: Supply of Ref: Tender no:

We have hereby agreed that in case the tender submitted by us is accepted by MCL and the contract for the same is awarded to us, we shall within 10 days of acceptance of our tender execute an agreement as per the Performa given in the tender under which MCL accept our tender.

In case we fails to execute an agreement as aforesaid incorporating the terms and conditions governing the contract , the MCL shall have the power and authority to recover from us any loss or damage caused to MCL by such breach as may be determined by the MCL by appropriate EMD deposited by us.

Thanking You

Yours Faithfully For------(Authorised Signature)

Place : Date :

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Annexure -III

“TO BE EXECUTED IN STAMP PAPER WORTH RS.200”

PROFORMA FOR BANK GUARANTEE FOR WARRANTY

Bank Guarantee No: Date:

To

M/s.Malabar Cements Limited Walayar. P.O. PALAKKAD - 678 624

1. The undersigned,...... taking into consideration that (a) A purchase Order No...... dt...... has been issued by M/s.Malabar Cements Ltd, Walayar .P.O., PALAKKAD-678 624. (herein-after referred to as `Buyer') to...... as described in the said Purchase Order for a total contract price of Rs...... (Rupees...only).

(b) The `Buyer' required from the `seller' a guarantee amounting to 5% /10% of the contract price amounting to Indian Rs...... (Rupees...... only) as Warranty for the performance and quality of the equipment guaranteed by the seller as per his obligation set out under Clause No.....in the Purchase Order.

DECLARE:

2. That in fulfilment of the above mentioned obligations of the contract, we undertake irrevocably unconditionally and without reserve regardless of any objections and protests by the seller and expressly refusing any profit in or becoming party to any dispute or termination of the said contract to pay on demand to the Buyer without any demur a sum amounting to a maximum of Rs.....(Rupees...... only).

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3. That any such demand made on us shall be conclusive as regards the amount due and payable by us under this guarantee. This guarantee comes into force on the date hereon and remains in full/force and effect to ......

4. That provided always that we,...... Bank unconditionally undertake to renew this guarantee or to extend the period of guarantee from year to year at a time within two months before the expiry of the period or extended period of the guarantee as the case may be on being called upon to do so by the Buyer. If the guarantee is not renewed or the period extended on demand, we...... Bank shall pay the Buyer the full amount of the guarantee on demand without demur.

5. That we,...... Bank further agree with the Buyer that they shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the said seller from time to time or to postpone for any time or any of the powers exercisable by the Buyer against the said Seller and to forbear or enforce any of the terms and conditions relating to the said contract and we shall not be relieved from our liability by reasons of any variations or extension being granted to the said Seller or for any forbearance act or omission on the part of the Buyer or any indulgence by the Buyer to the said seller or by any such matter or thing whatsoever under the law relating to sureties would but for these provisions have effect of so relieving us.

6. That this guarantee shall be enforceable against the Bank even if any negotiable instrument shall be outstanding against the Bank at the time of proceeding.

7. That to give effect to the guarantee the Buyer shall be at liberty as though the Bank shall be principal debtors.

8. That the guarantee will not be revoked by any change in the constitution of the Bank and/or of the Surety.

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9. That we,...... Bank undertake not to revoke this guarantee during the currency except with the previous consent of the buyer in writing.

10. That any notice by way of request, demand or otherwise hereunder may be sent by registered post to the Bank addressed as aforesaid and if sent by post it shall be deemed to have been given at the time when it would be delivered in due course of post and in proving such notice when given by post it shall be sufficient to prove that the envelope containing the notice was posted and a Certificate signed by an Officer of the Buyer that the envelope was so posted shall be conclusive.

11. That notwithstanding anything contained hereinabove, our liability hereunder is restricted to Rs...... (Rupees.....only) and the Guarantee shall remain in force until the expiry date. Unless a suit or action to enforce the claim under this Guarantee is filed against us within six months from the expiry date as herein above all the Buyer's rights under this guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities here above.

Yours faithfully,

Bank...... (Seal)

1) (Signature) WITNESS Full Address

2) (Signature) WITNESS Full Address

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ANNEXURE IV

TO BE EXECUTED IN STAMP PAPER WORTH RS.200/-“

PROFORMA FOR BANK GUARANTEE FOR SECURITY DEPOSIT

M/s. Malabar Cements Limited

Walayar P.O.

PALAKKAD – 678 624.

1. The undersigned ……………………………………………. taking into consideration that

(a) a letter of Intent / Purchase Order No…………has been issued dated…………..by M/s. Malabar Cements Limited, Walayar Post, Palakkad – 678 624, Kerala (hereinafter referred to as „Buyer‟) to…………………………. (hereinafter referred to as „Seller‟) as described in the said Letter of Intent / Purchase Order for a total contract price of Rs..…………….. .(Rupees……………………………………only)

(b) the „Buyer„ requires from the „Seller‟ a guarantee amounting to ……% of the contract price amounting to Indian Rs….…………..(Rupees……………………………..only) as security for the due performance of contract by the Seller of his obligations as set out in the Purchase Order / Letter of Intent. DECLARE

2. that in fulfilment of the above mentioned obligations of the contract, we undertake irrevocably, unconditionally and without reserve regardless of any objections and protests by the Seller and expressly refusing any profit in or becoming party to any dispute or termination of the said contract to pay on demand to the Buyer without any demur a sum amounting to a maximum of Rs………………… (Rupees……………….. ……………. only).

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3. that any such demand made on us shall be conclusive as regards the amount due and payable by us under this guarantee. This guarantee comes into force on the date hereon and remains in full force and effect to …………………..

4. that provided always that, we ………………………………………unconditionally undertake to renew this guarantee or to extend the period of guarantee from year to year at a time within two months before the expiry of the period or extended period of the guarantee as the case may be on being called upon to do so by the Buyer. If the guarantee is not renewed or the period extended on demand, we …………………………………………. shall pay the Buyer the full amount of the guarantee on demand without demur.

5. that we ………………………………….further agree with the Buyer that they shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the said Seller from time to time or to postpone for any time or any of the powers exercisable by the Buyer against the said Seller and to forbear or enforce any of the terms and conditions relating to the said contract and we shall not be relieved from our liability by reasons of any variations or extension being granted to the said Seller or for any forbearance act or omission on the part of the Buyer or any indulgence by the Buyer to the said Seller or by any such matter or thing whatsoever under the law relating to sureties would but for these provisions have effect of so relieving us.

6. that this guarantee shall be enforceable against the Bank even if any negotiable instrument shall be outstanding against the Bank at the time of proceeding.

7. that to give effect to the guarantee the Buyer shall be at liberty as though the Bank shall be principal debtors.

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8. that the guarantee will not be revoked by any change in the constitution of the Bank and / or of the Surety.

9. that we ………………………………………… undertake not to revoke this guarantee during the currency except with the previous consent of the Buyer in writing.

10. that any notice by way of request, demand or otherwise hereunder may be sent by registered post to the Bank addressed as aforesaid and if sent by post it shall be deemed to have been given at the time when it would be delivered in due course of post and in proving such notice when given by post it shall be sufficient to prove that the envelope containing the notice was posted and a certificate signed by an Officer of the Buyer that the envelope was so posted shall be conclusive.

11. that notwithstanding anything contained hereinabove, our liability hereunder is restricted to Rs. ……………………………. (Rupees…………………………………………….….only) and the guarantee shall remain in force under the expiry date viz…………………….. unless a suit or action to enforce the claim under this guarantee is filed against us within six months from the expiry date as hereinabove all the Buyer‟s rights under this guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities here above.

Yours faithfully,

For …………………………………………. Bank

(Bank Seal)

(Full Address)

SIGNED BY AUTHORISED MANAGER

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