EASTERN COALFIELDS LTD. ( A Subsidiary of Coal Limited) Chairman-Cum-Managing Director’s Office, Materials Management Department, Sanctoria, P.O. -713 333, Dist-Burdwan (W.B.), India, E-mail : [email protected] Phone No. 0341-2523606 & FAX 0341-2522061 / 2520459 Ref: R.C. No. 05876014(R.C.) Dated:20.04.2016 RATE CONTRACT

To M/s. Mahua Enterprises By Regd.Post. G.T. Road , P.O. Distt. Burdwan (PIN – 713359)

(Please quote Rate contract No. & Date in all your correspondence)

Type of Tender : Domestic open tender Whether Govt. /PSU/Private : Private Whether MSE / Ancillary : Ancillary

Dear Sirs,

Sub: Rate Contract for supply of Voldrum Haulage Spares (Non-OEM) Ref: (1) Our tender No. ECL/HQ/PUR/71412154-RC/2015-16/Voldrum Haulage Spares(Non OEM)/013, opened on 26.05.2015 (2) Your Offer No: ME/2015-16/13 dated 23.05.2015

With reference to the above, we are pleased to enter into Rate Contract (RC) with you for supply of Voldrum Haulage Spares (Non-OEM) along with other 11(eleven) firms as per specified rates, the terms and conditions and technical specifications mentioned in Annexure X as stipulated hereunder:-

TERMS & CONDITIONS: 1. Scope of Supply: supply of 42 items of Voldrum Haulage Spares (Non- OEM) as per Annexure X enclosed here with. 2. Rate Contract: This Rate Contract is for supplies against orders from direct demanding officer (DDO). Supply orders shall be placed by DDO, as and when required basis to consignee mentioned in the supply order. Rate of the item shall remain fixed throughout the currency of contract and quantity will vary as per individual purchase order issued by the DDO. The RC may be extended for further period on mutual consent. 3. Off take : The estimated off take against RC will be Rs 100.00 Lakhs for 02 (two) years. As such when order value is reached to limit of annual off take, you will not accept any further order from any DDO’s during that particular period of RC. 4. Validity : The Rate Contract will remain valid for two years from the date of its issue. 5. Price : The prices are on FOR (door delivery) destination basis and will remain firm for RC period from the date of issue of the Rate Contract. 6. Excise duty : Not applicable.

7. VAT/CST: VAT shall be payable at the rate of 5% for . Any increase in VAT within the original delivery period may be considered on the basis of merit after receipt of request from you with supporting documents. No increase in VAT beyond the scheduled delivery period will be admissible. However, in case of decrease in VAT within and beyond the original delivery period, the same will be applicable. 8. Packing and Forwarding charges : Nil. 9. Freight charges, up to destination : Nil 10. Insurance charges, up to destination : Nil. Safe delivery of the consignment to consignee will be your responsibility at your cost & risk. 11. Consignee: As mentioned in the Purchase order placed by DDO. 12. Delivery : Commence within 2 weeks and should be completed within 2(two) months from the date of issue of Purchase order. Early delivery shall be accepted. NB: • Since this is a rate Contract, supplier is requested to maintain sufficient stock to meet the requirement and it will be obligatory on supplier's part to supply the materials as early as possible but the delivery should be on FOR destination (Door Delivery) basis. • No materials shall be dispatched against this Purchase Order after expiry of the schedule delivery period unless formal extension of delivery period is issued to you in writing from the order placing authority. Delivery of any materials against this order in violation of this clause shall be at the sole risk of the supplier.

13. Security Deposit: Exempted as you are Ancillary Unit of ECL. 14. Terms of Payment : 100% payment shall be made within 21 (twenty one) days of receipt and acceptance of materials by the consignee or submission of bills together with documents stipulated in the order, whichever is later. Payment would be made through e-payment, the details for which shall be as under: A) Name of the Payee in Block Letters MAHUA ENTERPRISES B) Address G.T. Road Neamatpur, PO. Sitarampur, Dist. Burdwan, PIN 713359, W.B., India C) Bank A/c No. of Payee 11214377815 D) Name of the Bank State Bank of India. E) Name of the Branch & Branch Code Branch, Code 00011 F) PAN CARD No. of Payee ADDPB4804F G) Indian Financial Service Code (IFS Code) SBIN0000011

15. Direct demanding officers (DDO) & Paying Authority: DDO Paying authority 1 GM(E&M) ECL,CMD's Office, GM(F) I/C, ECL,CMD's Office, Sanctoria, PO: Dishergarh-713333(WB) Sanctoria, PO: Dishergarh-713333 (WB) A Neamatpur workshop FM, Neamatpur workshop B workshop FM, Ratibati workshop C Poniati central workshop FM, Poniati central workshop

16. Submission of Bills: You shall have to submit bills (five copies) to the consignee along with the consignment and Challan along with the requisite document, specified in Order. The consignee shall then send SR Notes, Challan, Inspection Note and Three copies of bills (including original) and any other requisite documents to the Paying Authority. a) The following additional information should be incorporated in your invoice as per Central Excise Act so that ECL may avail CENVAT Credit under rule 11(2) of Central Excise Rules. i) Name of the Consignor ii) Address of the Consignor iii)Centralized Central Excise Registration No. of Consignor iv) Address of Corporate Office v) Central Excise Division vi) Central Excise Range vii) Commissioner ate viii) TIN No. & VAT No. ix) Name and address of the Consignee x) Central Excise Registration No. of Consignee xi) Central Excise Range, Division and Commissioner ate of Consignee xii) Description and classification of goods xiii) Time and Date of removal xiv) Mode of Transport and Vehicle Registration No. & RR No. xv) Rate of Duty xvi) Quantity and Value of Goods xvii) Excise Duty, Primary Edu. Cess & S.H. Edu.Cess xviii) Invoice should in Triplicate. (Original for buyers, Duplicate for Transporter and Triplicate for Consignor/Assesse). b) Information relating to ECL to be incorporated by you in your invoices : a) Centralized Central Excise Registration No. of ECL: AAACE7590EEM001 b) Address of Corporate Office: Office of CMD, Limited, Sanctoria-713 333. c) Central Excise Division: Asansol II, Senraleigh Road, Asansol-713 305 d)Central Excise Range : , X-10, South Road, - 713325 e) Commissioner ate: Bolpur (West Bengal). f) TIN No. & VAT No. : 19741701222 & 19741701028. g) Centralized Service Tax Registration No. of ECL : AAACE7590EST007 Separate bills (five copies)/Challan should be raised for each consignment. One copy of the Dispatch documents of the each consignment should invariably be forwarded to this Office, ECL, HQ. Sanctoria. Following documents, duly authenticated by you, wherever required, should be submitted along with Bill(s) – I. 100% Bill(s) in Quintuplicate duly pre-receipted and stamped. II. Receipted challan III. Copy of the Consignment note IV. Price Certificate V. Price Fall Clause Certificate VI. Any other documents specified in the order

18. Mode of Dispatch: Materials shall be dispatched by Road freight paid. It shall be your responsibility to arrange for the stores being sufficiently and properly packed for transport by road so as to their being free from los injury on arrival at destination. The packing of the stores shall be done at your expense. Way Bill, if required, may be obtained from consignee for which a request may be sent to them indicating following details –

I. TIN/VAT No. II. VAT No. III. Full address with pin code IV. PAN No. 19. Inspection : i. No initial inspection will be made. Final inspection will be made at the consignee’s end after receipt of the materials and the same shall be final and binding upon the supplier. ii. If any stores are rejected, consignee will have liberty to:- a) Allow the supplier for satisfactory replacement of the rejected part within a specified time and supplier will bear the cost of replacement such as freight etc. and any such replacement will be without being entitled to any extra payment. b) Buy elsewhere the quantity of stores similar to those rejected at the risk and cost of the supplier. c) Terminate the contract whether in part or whole. Rejected part / quantity shall have to be removed by the supplier within 15 days of receipt of intimation of rejection.

20. Fitment Guarantee Certificate: A fitment guarantee certificate should be submitted to affect that offered items shall fit in the equipment’s on which they are intended to be used without any modification or alteration. 21. Guarantee/Warranty : The item will be guaranteed for satisfactory performance for a period of 12 (Twelve) months from the date of commissioning or 18 (Eighteen) months from the date of receipt and acceptance by the consignee. Supplier shall be responsible for any defects that develop under the conditions provided for by the contract and under proper use, arising from faulty materials, design or workmanship and should remedy such defects at supplier's cost when called upon to do so. If, it becomes necessary, supplier shall have to replace or renew any defective portion of the goods and such replacement or renewal should be made without any extra cost to ECL. 22. Special Instructions: The orders received from direct demanding officers will be complied in the highest priority basis to the extent possible. You will be responsible for the timely intimation about the dispatches of the goods if necessary giving following details: a. Supply order number & date b. Number of packing note and other details c. expected date / time of delivery of the consignment of the area stores. d. quantity/value of the goods being consignment.

23. Performance Bank Guarantee : Not applicable 24. Manufacturer’s Guarantee and Test Certificate : Manufacturer’s Guarantee and Test Certificate should be furnished by you along with the supply. 25. Price Certificate : You will have to certify on the bill that the prices charged are not higher than that applicable to all your customers including Coal Company and other Indian Govt. Deptt./Organization/DGS&D/CIL and its Subsidiaries etc. 26. Price Fall Clause: (A) The prices charged for the stores to be supplied under the purchase order by the supplier shall in no event exceed the lowest price at which supplier sells the stores or offers to sell the stores of identical description to any customer during the tenure of the supply order.

(B) If any time during the said period, the supplier reduces the sale price, sells or offers to sell such stores to any other customer at a price lower than the ordered price, they shall forthwith notify such reduction of sale or offer to sell to us to enable us to amend the rates of the order.

27. Liquidated Damages In the event of failure to delivery or dispatch the stores within the stipulated date/period in accordance with the samples and/or specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, we have the right: a) To recover from you, as agreed, liquidated damages, a sum not less than 0.5% (half percent) of the price of any stores which you have not been able to supply as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to 10%. Where felt necessary the limit of 10% can be increased to 15%. b) To purchase elsewhere, after due notice to you, on your account and risk the stores not supplied or other of a similar description without canceling the supply order in respect of the consignment not yet due for supply or c) To cancel the supply order or a portion thereof, and if so desired to purchase the stores at your risk and cost and also d) To extend the period or delivery with or without penalty as may be considered fit and proper, the penalty, if imposed shall not be more than the agreed Liquidated Damages referred to in clause (a) above. e) To forfeit the security deposit full or in part. f) Whenever under this contract a sum of money is recoverable from and payable by you, Coal India Limited and its subsidiary companies shall be entitled to recover such sum by appropriating, in part or in whole by deducting any sum or which at any time thereafter may become due to you in this or any other contract. Should this sum be not sufficient to cover the full amount recoverable, you shall pay Coal India Limited and its subsidiary companies on demand the remaining balance. You shall not be entitled to get any gain on any such purchase.

28. Force Majeure : If the execution of the supply order is delayed beyond the stipulated in this supply order as a result of outbreak of hostilities, declaration of an embargo or blockade, or fire, flood, acts of nature or any other contingency beyond your control due to the act of God then Eastern Coalfields Limited may allow such additional time by extending the Delivery period, as it considers to be justified by the circumstance of the case and our decision shall be final. If and when additional time is granted by ECL the supply order shall be read and understood as if it had contained from its inception the delivery date as extended. 29. Identification Mark: Manufacturer’s distinctive identification mark and manufacturing year should be embossed/punched/or otherwise legibly indicated on the visible non-wearable place of the items except Nuts & Bolts because of lack of space for punching/embossing on these items. Only tag is to be attached in each of the above items i.e. nut & bolts indicating therein part number, description, year and month of manufacture. 30. Monthly statement of delivery : You are requested to submit in triplicate statement by 6 th of every month to the undersigned showing the supply position of the stores against the Purchase order indicating the positing of last date of the previous month as per Performa given below :-

Purchase order No. & Consignee: Quantity Quantity Balance Remarks date. required. Supplied.

31. Parallel rate contract : ECL reserves the right to conclude the parallel rate contract with other firms and also reserves the right to purchase any quantity during this RC in case of urgent demand arising at any during the period of the Rate Contract . ECL does not guarantee for the quantity to be purchased during the currency of this rate contract.

32. Supply Instruction: • Supply Orders shall be placed by DDO's and when require basis to consignee mentioned in the supply order. Rate of the item shall remain fixed throughout the currency of contract and quantity will vary as per individual purchase order issued by the DDO’S. The RC may be extended for further period on mutual consent. • Stock: In order to meet urgent demands as well as for timely supply of material against this RC at any time during its currency, you will be required to maintain a sufficient stock of the items covered in the scope of supply. It should be noted the purchaser will not be responsible to take over any quantity left over with the contractor after termination of the contract. 33. The terms and conditions of NIT and for tender document provided to you will also be the integral part of this Rate Contract. 34. Any terms and conditions not specifically mentioned in any of the enclosures of the RC/order shall be governed by the “General Terms & Conditions of Supply of Stores” as mentioned in Enclosure 6 of our Tender documents. Further, any terms and conditions not specifically mentioned anywhere in the “General Terms & Conditions of Supply of Stores”, shall be governed by the provisions of the Purchase Manual which is available in the web-site of Coal India Limited namely – www.coalindia.in . 35. ECL reserves the right to withdraw/short close the Rate contract during the tenure of RC. 36. The supply against this Rate Contract will also be governed by general terms and conditions lay down by the Eastern Coalfields Ltd. from time to time. 37. In case any other subsidiary of CIL concludes RC with you during the currency of this RC at lower price the same will also be applicable to ECL. It will be your responsibility to intimate ECL in the event of conclusion of RC on lower price on subject. 38. After Sales Service : You have to provide after Sales & Service as and when required by ECL. 39. Jurisdiction : Any dispute arising out of this contract shall come under the sole jurisdiction of Court at Asansol, West Bengal. This Rate Contract shall be sole repository of ECL and will be governed by enclosed General Terms and conditions of supply of Stores of ECL in the NIT. Enclosure: Annexure- X (Technical specifications & Price details)

Yours faithfully, For and on behalf of ECL

Chief Manager (PUR) Copy to: 1. TS to CMD, ECL. 2. CVO/GM (E&M)/GM (Stores)/GM(Fin.)IC, ECL(HQ). 3. Progress Cell, ECL (HQ) – This is covered against IC No. 71412-RC dated 13.12.2014 4. GM/Agent/FM -Neamatpur workshop, Ratibati workshop, Poniati central workshop. 5. Asstt. Commissioner, Commercial Taxes, Central Section, 14, Beliaghata

DIRECTIVE (FOR INTERNAL USE ONLY) TO THE DIRECT DEMANDING OFFICERS: 1. DDOs are advised to place order only against approved and concurred indent/ material budget by competent authority and against available budget certification at their end. 2. In case of conclusion of parallel Rate Contract with RC holders are finalized at lower rate than this Rate Contract rate, then DDOs would be advised to procure such items from this RC with specific approval from ECL, Hqr. 3. DDOs should follow the ancillary policy of ECL while issuing orders during the pendency of the RC and ensure distribution of orders amongst RC holders in a rational and equitable manner as far as practicable. 4. The Off take of DDOs for operation of subject RC shall not exceed the value indicated hereunder during the period of RC: DDO Off take for 1 st year Off take for 2 nd year (Rs. In Lakhs) (Rs. In Lakhs) Neamatpur workshop 10.00 10.00 Ratibati workshop 30.00 30.00 Poniati central workshop 10.00 10.00 Total 50.00 50.00 Total off take value for 2 100.00 lakhs years

5. DDOs are requested to ensure that OFF-TAKE does not exceed the value indicated above against every DDO, during the period of RC. In case procurement in excess of the above value is necessary, prior approval of competent authority should be obtained through GM (MM)(PUR),ECL,Hqr.

The following are the Ancillary Units of ECL for Pump Spares :-

i) M/s Mahua Enterprises , Neamatpur ii) M/s MP Engineering Works , Asansol iii) M/s Udyogi Engineering Works , Asansol iv) M/s Boldie Mining Sealants Pvt. Ltd. , Boldie.

Chief Manager (Pur)