PO 4700071443 ECC SMS-2 Supp

PURCHASE ORDER
Dolvi Works - HSM & LCP

P.O. : GEETAPURAM,Village : DOLVI
Vendor Code : 0010033209 PEN-402107
Name : EngineeringConstructionCorporation RAIGAD-Maharashtra ( India )
Tel No: 2143277501-15
Address : Gariahat Road
Fax No: 91 2143277542
KOLKATA-700029-West Bengal-India
Ph.No : 8981626299
P.O.No.:DOLVI-HL/18-19/4700071443
E-mail : eccindia@vsnl.com P.O.Date:22.02.2019
PAN NO : ADCPG5788L Type:CAP-DOM
GST No. : 19ADCPG5788L1ZY Contact:
Vendor Epayment: NOT REGISTERED
Dear Sir/Madam,
We are pleased to place order against your Ref. Quote No. LOI-659 Dated: 21.12.2018 , as per below
mentioned PRICE, terms & conditions.
ALL THE PRICES MENTIONED BELOW ARE IN #INR”

SR. ITEM CODE UOM QTY. UNIT TOTAL BASE TOTAL DELIVERY SCHEDULE
NO. DESCRIPTION PRICE VALUE VALUE
LONG DESCRIPTION / SPECIFICATION
1 2200169593 SET 1.000 7937200.000 7937200.00 9365896.00 09.07.2019
BUSDCT,ELECL,PH SEGREGATED ;6.6
KV;3000A
BUSDUCT,ELECTRICAL,TYPE:PHASE SEGREGATED ;AMPERAGE RATING:3000 A;VOLTAGE GRADE:6.6 KV;DEGREE
OFPROTECTION:IP65;BUSBAR MATERIAL:ELECTRICAL GRADE E91E ALUMINIUM;EARTH BUSBAR MATERIAL:ALUMINIUM;CONTINIOUS
CURRENT RATING:3000A;FAULTCURRENT WITHSTAND CAPACITY FOR 1 SEC:40 KA FOR 3 SEC;DESIGN AMBIENT TEMPERATURE:45 DEG
C;MAXIMUM TEMPERATURE RAISE OVER DESIGN AMBIENTTEMP:40 DEG C;ENCLOSURE MATERIAL TYPE :CR/HR:3MM ALUMINIUM SHEET
METAL;END CONNECTION Cu/AL:FLEXIBLE COPPER
2 2200169594 SET 1.000 4680200.000 4680200.00 5522636.00 09.07.2019
BUSDCT,ELECL,4000 A;690 V;IP54
BUSDUCT,ELECTRICAL,TYPE:NON PHASE SEGREGATED;AMPERAGE RATING:4000 A;VOLTAGE GRADE:690 V;DEGREE
CURRENT RATING:4000 A;FAULTCURRENT WITHSTAND CAPACITYFOR 1 SEC:50KA FOR 1 SEC;DESIGN AMBIENT TEMPERATURE:45 DEG
C;MAXIMUM TEMPERATURE RAISE OVER DESIGNAMBIENT TEMP:40 DEG C;ENCLOSURE MATERIAL TYPE :CR/HR:3MM ALUMINIUM SHEET
3 2200169595 SET 1.000 16167600.000 16167600.00 19077768.00 09.07.2019
BUSDCT,ELECL,3200A;415 V;AL;IP54;3200 A
BUSDUCT,ELECTRICAL,TYPE:NON PHASE SEGREGATED;AMPERAGE RATING:3200A;VOLTAGE GRADE:415 V;DEGREE
CURRENT RATING:3200 A;FAULTCURRENT WITHSTAND CAPACITY FOR 1 SEC:50KA FOR 1 SEC;DESIGN AMBIENT TEMPERATURE:50 DEG
C;MAXIMUM TEMPERATURE RAISE OVER DESIGN AMBIENTTEMP:40 DEG C;ENCLOSUREMATERIAL TYPE :CR/HR:3MM ALUMINIUM SHEET
Thanking You
Yours sincerely,
FOR JSW STEEL LIMITED
Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925
JSW Centre, Bandra Kurla Complex, Bandra (East), Mumbai 400 051
DOLVI-HL/18-19/4700071443
Total Duties/Taxes & Charges: I/P GST 18% (IGST)_Ded IGST @ 18% - 5181300.00 I/P GST 18% (IGST)_Ded
Total Base Value : 28785000.00 Total Taxes / Charges :5181300.00 Total PO Value :33966300.00
Total Value (In Words):THREE CRORE THIRTY NINE LAKH SIXTY SIX THOUSAND THREE HUNDRED Rupees
PRICE BASIS:FOR JSW Dolvi Site
PAYMENT TERMS:90% within 30 days and balance 10% against PBG
1. GST is effective from 01st July 2017 as per applicable act.

2. Please quote our purchase order and Send all Documents i.e. GST Invoice, Challan, Test Certificates along with supply to avoid delay in
payment.
3. Execute this order in accordance with the prices, terms, delivery method, and specifications listed above and as per annexure if any.
4. Please notify us immediately if you are unable to ship as specified.
5. JSW Steel Ltd is an environment friendly company. Your acceptance of Order assumes that your services will not cause any environmental
damage
6. Send all correspondence to: Email - shuchi.trivedi@jsw.in Phone 9602727815 Fax:
You shall comply with the Business Responsibility/Sustainability policies of JSW Steel Limited which can be
referred to on our website: "http://www.jsw.in/companies/Sustainability_Policy.shtml"
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
NOTE TO SUPPLIER:
Annexure-I : Technical specification agreed and signed with Purchaser Technical team
Annexure-II : Special terms & conditions (Applicable)
Annexure-III : Billing breakup for supply (Applicable)
Ànnexure-IV: Billing breakup for 2 years spares (Not Applicable)
Ànnexure-V: General Terms & Conditions (Applicable)
Ànnexure-VI: ABG format (Not Applicable)
Ànnexure-VII : PBG format (Applicable)
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Annexure-II : Special terms & conditions
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ARTICLE-1.0 REFERENCES:
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This Purchase Order, here after referred as "PO" being issued to supplier as per below references.
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>> LOI ref : JSW/DOLVI/659, Dt : 21.12.2018
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ARTICLE-2.0 EFFECTIVE DATE OF PURCHASE ORDER:

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# The effective date of order is from the date of LOI.
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ARTICLE-3.0 SCOPE OF SUPPLY:
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The scope under this PO shall include the following:
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3.1 The Scope of this PO includes as per Technical specification agreed/ signed with Purchaser Technical team and brief scope as mentioned
below.
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3.1.1 Design, Engineering, Supply of Bus Duct for SMS-2 Project as per billing breakup mentioned in Annexure-III.
3.1.2 Void
3.1.3 Supervision Services of 15 Mandays of Bus Duct for SMS-2 Project, as per Technical scope duly signed and agreed, for which separate PO
is released.
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ARTICLE-4.0 PURCHASE ORDER PRICE:
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4.1 The PO price is made on a firm and fixed price basis and consists of the prices for all the supplies as per Article 3.0 hereof.
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4.2 Basic order value shall be as mentioned in front page.The order value shall remain firm and fixed till the final execution and completion of
delivery of entire supplies /scope against the order.
Above prices are Inclusive of Packing & Forwarding ,Freight till purchasers site.
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
.
"Supplier shall submit relevant documents to purchaser for availing benefits of Input tax credit.
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4.3 Total Purchase Price shall remain firm and shall not be subject to any cost escalation including fluctuations in the exchange rate between any
currencies for whatever reason till final discharge of obligations.
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4.4 The PO Price shall be full and complete compensation for the supplier’s performance of all its obligations under the PO and includes without
limitation, any and all direct, indirect and ancillary charges, costs and expenses of whatsoever nature necessary for supply of equipment and
compliance with performance guarantees & warranties."
ARTICLE-5.0 TERMS OF PAYMENT:
5.1 The PO Price under Article 4.0 is excluding of applicable Indian taxes as per Article 7 of this PO.
"5.1.1 @ 90% of the total basic purchase price along with 100% taxes, duties shall be paid on pro-rata basis within 30 days of receipt of material
at purchasers site against submission of following documents .
a) Commercial invoice, b) Packing list, c) Delivery challan.

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5.1.2 @ 10% of basic purchase order price shall be paid after successful commissioning against submission of Performance Bank Guarantee
(PBG) of equivalent amount valid till warranty period plus Two (2) months."
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5.2. Payment by the purchaser, in no way would constitute the acceptance of supplies by the purchaser or waiver of its rights with regard to
performance of supplies, warranty etc under the condition of this order.
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ARTICLE-6.0 DELIVERY SCHEDULE:
6.1 The delivery schedule for supply of equipment(s) reckoned from the date as per Article 2.0 shall be as follows:
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"The delivery of all the equipment under the scope shall be completed at
FOR JSW Site as follows:
1) Within 2 days from the Effective date, you will submit the requirement for preparation of drawings
2) We will provide necessary documents within next 7days
3) You will submit drawings within next 15 days
4) We will verify and give approved drawings with manufacturing clearance within next 10 days
5) Delivery shall commence within 2 months from the date of receipt of approved drawings and manufacturing clearance from us on prorata
basis and to be completed progressively within 5.5 months
"
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ARTICLE-7.0 TAXES AND DUTIES:
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# IGST @ 18%
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
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"# Any statutory variation in the above taxes shall be paid at actual.
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# Supplier shall submit all the relevant documents for claiming input tax credit.
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7.2. Other taxes and duties, if any, shall be borne and paid by the supplier and no extra claim whatsoever shall be entertained by the purchaser on
this account.
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ARTICLE-8.0 WARRANTY:
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"8.1 Supplier shall warrant that the equipment to be supplied by supplier shall be new, unused, free from any defects and shall be of good
workmanship and materials, in accordance with the technical specifications, and shall, under normal operations, show no defects due to
materials or workmanship.
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8.2 Supplier warrants that the design and engineering of the supplies shall also be free from any deficiencies / design short comings.
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8.3 Supplier further warrants that the whole and each and every part of the supplies of the supply will be fit for the purpose as per technical
specifications."
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8.4 Supplier's obligations as to all equipment under the aforesaid warranty shall be effective for 24 months from the date of commissioning or 30
months from the last date of delivery, whichever is earlier.
8.5 If, during the aforesaid warranty period, any equipment fails to meet the warranty as provided for in Article 8.1 hereof and the purchaser
informs the supplier thereof stating in writing the nature of such failure, supplier shall, repair or make good or replace or modify the equipment or
part thereof with all possible speed at no extra cost to the purchaser.
8.6 The warranty period for such repaired or replaced parts (excluding nominal wear and tear parts) shall be 24 months from the date on which
the concerned part is put into operation or 30 months from the last date of delivery on FOR basis, whichever is earlier.
"8.7 If supplier does not repair and/or replace the defective or deficient equipment after receipt of notice from the purchaser, then the purchaser
shall have the right to repair or replace such part at supplier's risk and cost.
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8.8 In case of any error, omission, defect in the design & engineering (herein after referred to as 'incorrect information' in the design and
engineering submitted to the purchaser to enable the purchaser to procure any equipment(s) from the other manufacture/supplier), the supplier’s
shall be liable to bear the cost of such rectification, improvement, procurement required as per revised engineering/ correct information to the
purchaser immediately as soon as the same is discovered/Identified."
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ARTICLE 9.0 LIQUIDATED DAMAGES:
9.1 For delay in delivery :
9.1.1 Timely delivery is the essence of PO and must be completed as per the schedule / dated specified therein. In case the delivery of the
equipment(s) under the scope of the supplier is exceeded for reasons solely attributable to supplier beyond the schedule delivery date as per
Article 6.0, with exception of the Force Majeure events specified in Article 14.0 (In Annexure-V of General Terms & conditions) and change of
technical specifications as agreed or scope as agreed between the parties hereto, supplier shall be liable for paying liquidated damages.
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
.
9.1.2 The rate of liquidated damages for late delivery/completion shall be 0.5% of Total Purchase Price per week or part thereof for first 4 weeks,
thereafter 1.5% of Total Purchase Price per week or part thereof. However, the Liquidated damages due to delayed delivery/completion of work
shall not exceed 7.5% of the Total Purchase Price.
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9.2 For shortfall in Performance Parameters:
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"9.2.1 In case one or more of the performance guarantee parameters under the responsibility of supplier as agreed are not achieved for the
reasons not attributable to the purchaser, the supplier shall pay Liquidated Damages.
9.2.2 The cumulative liquidated damages on all of the guaranteed parameters shall be as per the agreed LD Table, subject to maximum of 7.5% of
Total Purchase Price. The Liquidated Damages shall be paid by direct bank transfer within 15 (fifteen) days from the date of receipt of the
purchaser's debit note or at the option of the purchaser be recovered as permitted under governing law. On payment of this Liquidated Damages,
the purchaser shall issue the Final Acceptance Certificate.
9.2.3 On any of the guaranteed figure, the supplier shall replace/repair/modify the equipment at its cost and expenses (including all associated
direct cost such as taxes and duties etc.) and repeat the performance test to a maximum of two times and achieve the guaranteed figure within
the acceptable limit as stated in Article 9.2.1. All expenses of supplier including their supervision charges, special equipment mobilization
charges, additional equipment etc, if any, during the first as well as such repeat test shall be borne by the supplier. The time limit for completing
the repeat Performance Guarantee Test shall be mutually agreed between the parties and at any case shall not exceed 1 (one) Months from the
date of completion of 1st Performance Guarantee Test.
9.2.4 If even after the repeat tests as stated above the guaranteed figure are not within the acceptable range as stated in Article 9.2.1, the
purchaser shall have the option to reject the equipment (either fully or partially on as is where is basis) or accept the equipment with an enhanced
Liquidated Damage to be discussed between the parties. In case of the purchaser rejecting the equipment, the supplier in addition to the payment
of the liquidated damages payable under Article 9.2.1 shall return all payment received from the purchaser in execution of this PO within 15
(fifteen) days from the date of receipt of the purchaser's Invoice by Direct bank Transfer. The enhanced Liquidated Damages if agreed to shall be
paid by the supplier to the purchaser by direct bank transfer within 15 (fifteen) days from the date of receipt of the purchaser's Invoice. On
payment of the enhanced Liquidated Damages, the purchaser shall issue the Final Acceptance Certificate for the purpose of supplier claiming any
payment obligations. However, the supplier shall continue to assist the purchaser in making good the deficiencies.
9.2.5 It is expressly agreed that the issuance of the Final Acceptance Certificate does not relieve the supplier from its agreed obligations towards
quality requirements, warranty etc. as per this PO."
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9.3 UPTIME GUARANTEE : Not Applicable
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9.4 Cumulative Liquidated Damages:
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9.4.1 The cumulative amount of Liquidated Damages for delay in delivery/completion of work and for non-fulfilment of performance guarantee
parameters as per Articles 9.1, 9.2 shall be limited to a maximum of 10% (Ten Percentage ) of the total Purchase Price.
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Any LD arising out of this order can be recovered from Performance Bank Guarantee and/or amount payable against FAC.
ARTICLE 10.0 COMMUNICATIONS:
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All communications under this PO to be given to either party shall be given to the following addresses by E-mail or telegram/telefax. Important
notices in which rights and/or obligations of either party are involved shall be given by registered E-mail, and such notices shall be deemed to
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
have been valid seven (7) days after their dispatch.Either party may change his address by giving prior notice to the party in the manner provided
for herein.
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Purchaser:
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JSW Steel Ltd
SMS-2
Geetapuram,
Dolvi, Tal Pen,
Dist Raigad
Pin 402 107 (Maharashtra)
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# Contact person for the technical & delivery matters
Mr Akash Karivadekar
Contact No : +91-7066033479
E-Mail ID : akash.karivadekar@jsw.in
&
Mr.Somarun Kumar Dhara
Contact No : +91-8805023033#
E-Mail ID : Somarun.Dhara@jsw.in
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# Contact person for Commercial matters:
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Ms. Shuchi Trivedi
Commercial Deapartment
Contact No : +91-2143-24277502-15, Ext : 81376
E-Mail Id : shuchi.trivedi@jsw.in
&
Mr A. Srinivasulu
Project Procurement
Contact No : +91-2143-24277502-15, Ext : 8135
E-Mail Id : srinivasulu.a@jsw.in
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# Contact Details to get the status of Payment
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Vendor Helpdesk
Finance & Accounts
Email:#vendorhelpdesk.gbs@jsw.in
Help Desk No: +91-22-71453333
JSW Global business Solutions, Belapur, Navi Mumbai
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# Supplier Contact details.
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M/s Engineering Construction Corporation
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MR. SUBHASISH PODDAR
Contact No : +91-9674919543
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
E-Mail ID : eccindia@vsnl.com
&
MR. ISHAAN GANGULY
Contact No : +91-9831282938
E-Mail ID : ganguly.ishaan@gmail.com
Annexure-III : Billing breakup for supply (Applicable)

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A Design & Engineering (As per scope matrix, Performance Guarantee parameters, Rejection criteria, agreed with JSW Technical Team.
LS 1 Inclusive
B.1 Supply of 6.6KV,3000A, Busduct along with accessories as per BOM mentioned in annexure IIA Set 1 79,37,200
79,37,200
B.2 Supply of 690V,4000A, Busduct along with accessories as per BOM mentioned in annexure IIB Set 1 46,80,200
46,80,200
B.3 Supply of 415V,3200A,Busduct along with accessories as per BOM mentioned in annexure IIC Set 1 1,61,67,600
1,61,67,600
Sub Total -B 2,87,85,000
Total Price: (In original Currency)

Design Engg (A) + Supply (B) +2 Years Spares & Commissioning Spares (C)+ Service (D) (A+B+C+D) 28,785,000/-
Annexure-IIA (Bill Of Quantities- 6.6kV,3000A TP bus-duct)

S. No. ITEM Unit Quantity Unit Price Total Price
1 Straight Run - Outdoor Mts 95 71000 6745000
2 90 deg Bends - Horizontal/Vertical Nos. 27 3400 91800
3 Tin Laminated copper Flexibles jionts (TP) Set 10 16960 169600
4 Wall/ Floor cross over assembly( Seal off bushing, flexible joints,mounting plate, gasket etc.) Set 5 62000 310000
5 Rubber bellows assembly at transformer & switchboard end Nos. 12 8000 96000
6 Adaptor Box at Transformer end Nos. 5 12500 62500
7 Adaptor Box at Switchboard end Nos. 7 12500 87500
8 Phase Crossover Set 6 21000 126000
9 Marshalling Box(min. 1 per bd), Spaceheater with thermostat(1 every 3 meters), Digital ammeter Lot 1 72000 72000
10 Silica gel breather (2 no. per bus duct)( 6 sets busduct ) Lot 1 15600 15600
11 Drain plug assembly (2 no. per bus duct)( 6 sets busduct ) Lot 1 1200 1200
12 Hot dip galvanized steel support structure (approx)( 6 sets busduct ) Kg 2000 80 160000
Total Basic supply 79,37,200
Annexure-II B (Bill Of Quantities- 690V,4000ATP bus-duct)

S. No. ITEM Unit Quantity Unit price Total price
4 Wall/ Floor cross over assembly( Seal off bushing, flexible joints, mounting plate, gasket etc.) Set 6 35000 210000
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443

9 Marshalling Box (min. 1 per busduct), Spaceheater with thermostat(1 every 3 meters), Digital ammeter Lot 1 76000 76000
10 Silica gel breather (2 no. per busduct)( 6 sets busduct ) Lot 1 15600 15600
11 Drain plug assembly (2 no. per busduct)( 6 sets busduct ) Lot 1 1200 1200
12 Hot dip galvanized steel support structure (approx) Kg 2000 80 160000
Total Basic price 46,80,200
Annexure-II C (Bill Of Quantities- 415V,3200A TP bus-duct)

S. No. ITEM Unit Quantity Unit price Total price
4 Wall/ Floor cross over assembly( Seal off bushing, flexible joints,mounting plate, gasket etc.) Set 14 32000 448000
9 Marshalling Box(min. 1 per bd), Spaceheater with thermostat(1 every 3 meters), Digital ammeter Lot 1 323000 323000
10 Silica gel breather (2 no. per bus duct)( 28sets busduct ) Lot 1 72800 72800
11 Drain plug assembly (2 no. per bus duct)( 28sets busduct ) Lot 1 5600 5600
12 Hot dip galvanized steel support structure (approx) Kg 8000 80 640000
Total Basic price 16167600
Ànnexure-IV: Billing breakup for 2 years spares (Not Applicable)
PR No.:1500081189
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
Annexure-V: General Terms & Conditions

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This purchase order is being issued to " M/s Engineering Construction Corporation" (Supplier /Seller /Vendor) for
Scope as mentioned in Article 3 in Annexure-II Special Terms & Conditions for SMS-2 Project at Dolvi (Raigad,
Maharashtra) site on the following mutually agreed terms and conditions:
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General:
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"This Purchase Order here after referred as PO shall constitute the contract. No verbal agreements amending the
terms of this PO are valid unless both purchaser and the Supplier duly confirm them in writing.
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A person signing the PO or any part of the PO on behalf of the supplier shall be deemed to warranty that he has
authority to sign such documents."
TABLE OF CONTENTS:
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ARTICLE 1: DEFINITIONS
ARTICLE 2: PACKING, MARKING,TRANSFER OF RISK & TITLE
ARTICLE 3: TRANSIT INSURANCE
ARTICLE 4: CHANGES IN TECHNICAL SPECIFICATIONS & SCOPE
ARTICLE 5: INSPECTION & TESTING
ARTICLE 6: PERFORMANCE GUARANTEE
ARTICLE 7: FINAL ACCEPTANCE CERTIFICATE
ARTICLE 8: ASSIGNMENT AND SUBCONTRACTING
ARTICLE 9: LIMITATION OF LIABILITY
ARTICLE 10: PATENT LIABILITY
ARTICLE 11: CONFIDENTIALITY
ARTICLE 12: INDEMNITY
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
ARTICLE 14: FORCE MAJEURE
ARTICLE 15: REJECTION CLAUSE
ARTICLE 16: TERMINATION
ARTICLE 17: GOVERNING LAW, JURISDICTION OF COURT,DISPUTES RESOLUTION AND ARBITRATION
ARTICLE 18: ORDER EXECUTION PLAN
ARTICLE 19: ENTIRE PURCHASE ORDER
ARTICLE 20: RISK PURCHASE
ARTICLE 21: WAIVER
ARTICLE 22: CHANGES IN RULES & REGULATION
ARTICLE 23: REPRESENTATION & WARRANTIES
ARTICLE 24: SPARE PARTS AVAILABILITY GUARANTEE
ARTICLE 25: STATUTORY OBLIGATIONS
ARTICLE 26: SEVERABILITY
ARTICLE 27: DESIGN DEFECT LIABILITY
ARTICLE 28: PRODUCT LIFE CYCLE
ARTICLE 29: PRESS RELEASE / PUBLIC ANNOUNCEMENTS
ARTICLE 30: ORDER ACCEPTANCE
ARTICLE 31: SAVINGS
ARTICLE 32: MISCELLANEOUS
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
ARTICLE 33: DOCUMENTATION

ARTICLE 34.0 : Void
ARTICLE 35.0 : Void
ARTICLE 36: QUANTITY VARIATION
ARTICLE-1 DEFINITIONS:
1.1. In this PO the following words and expressions shall have the meanings hereby assigned to them, except where
the context otherwise requires: Where words imparting persons include firms & corporations and words imparting
the singular also include plural & vice versa.
1.1.1 Purchaser/Buyer means '' M/s JSW Steel Ltd" a company registered in India under the Companies Act,1956
and having its Registered office at " JSW Centre, Bandra Kurla Complex, Bandra (East), Mumbai 400 051, India"
,having its plant at "Geetapuram, Village Dolvi, Dist-Raigad - 402107, Maharashtra, India" and the term
"Purchaser/Buyer" includes its legal successors and permitted assigns.,
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1.1.2 Supplier / Seller / Vendor means ''M/s Engineering Construction Corporation" having its office at "Kolkata" of
whose proposal has been accepted by the purchaser and on whom PO has been placed and who enters into the PO
to perform the work as stipulated in the PO.The term "Supplier" includes the supplier’s authorized representatives,
legal successors and permitted assigns.
"1.1.3 PO means this contract between purchaser and supplier including all other documents, Annexure/ Annexures
and exhibits attached hereto and any amendments / addendum as may from time to time be made to this PO
between the parties in writing in accordance with the provisions hereof.
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1.1.4 The PO Price means the sum specified in Article 4 (In Annexure-II of Special Terms & conditions) that
includes price of drawings and documents and equipment subject to any changes thereto pursuant to the PO.
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1.1.5 Project means the implementation of the plant by purchaser at site, which will be the ultimate actual user.
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1.1.6 Site means the land or other places of the purchaser at 'Geetapuram, village Dolvi, Taluka Pen, Dist. Raigad,
Maharashtra, India', where the equipments are to be located.
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1.1.7 Day means twenty-four (24) consecutive hours in accordance with Gregorian calendar.
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1.1.8 Month means calendar month according to the Gregorian Calendar.
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1.1.9 Effective Date means the date this PO comes into effect in accordance with the provisions of Article 2.0 (In
Annexure-II of Special Terms & conditions) herein below.
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1.1.10 Drawing means maps, plans, tracings or prints thereof with any modifications approved in writing by the
purchaser and such other drawings as may, from time to time, be furnished or approved in writing by the purchaser.
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1.1.11'Equipment' means equipment as per item text as mentioned in main PO , Scope mutually agreed with
technical team / Project team and/or as per Annexure-I.
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1.1.12 Commissioning as agreed in technical specifications means successful operation of the equipment with the
achievement of desired performance parameters.
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
.
1.1.13 Commissioning certificate means certificate issued by purchaser after the successful commissioning as
defined hereinabove.
."
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1.1.14"Delivery" means the delivery of complete equipment to Dolvi Plant on FOR Dolvi site basis in accordance
with scope of supply .
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"1.1.15 Final Acceptance Certificate (FAC) means certificate issued after conducting performance guarantee tests
confirming that all systems and components of the equipment are designed, installed, tested and operated
according to the specifications & operational requirements of the PO quality as per Annexure- I under the guidance
of the supplier and its technicians.
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1.1.16 Project Time Schedule means the schedule of performance and obligation to be met by supplier as defined in
the delivery schedule.
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1.1.17 Performance Guarantee shall have the meaning as per agreed technical specifications.
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1.1.18 Performance Tests means the operation of the equipment as set forth in Article 6.0 and as per the agreed
technical specifications
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1.1.19 QAP means Quality Assurance Plan for their manufacturing process.
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1.1.20 Sub-Supplier means any person/vendor engaged or nominated by supplier directly or indirectly to execute
any part of the supply on behalf and risk of supplier and includes its /his heirs, legal representatives, legal
successors or permitted assigns.
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1.1.21 Supplies means delivery of drawings, documents and equipments, and/or all obligations to be performed by
the supplier as specified in Annexure-I and/or any amendments thereto.
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1.1.22 Technical Specifications means the technical specifications, schedules, detailed design, statement of
technical data, performance characteristic value and all other particulars of the PO including its addenda and/or
amendments thereto agreed upon in writing by the parties, all of which shall be incorporated into and made binding
as an integral part of the PO.
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1.1.23 Transit means whilst equipment or item being loaded on to or unloaded from the Train or Vehicle, whilst on
the Vehicle until unloaded at the final destination and whilst temporarily housed for up to 48 hours when in course
of transit.
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1.1.24 Good Industry Practice means the exercise of that degree of skill, diligence, prudence and foresight in
compliance by the supplier with the undertakings and obligations under the PO, which would be expected from a
skilled and experienced professional person engaged in the design, engineering, manufacture, supply, testing and
commissioning and civil works construction or any of them, being of the type, nature and scope similar to the works
contemplated under this PO.
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1.1.25 Force Majeure shall have the meaning set forth in Article 14 hereof.
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1.1.26 Defects means any defect, imperfection, deficiency or other fault in the equipment or in the supplier’s
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
documents or drawing or a breach of the PO or the neglect or failure of the supplier to comply with any of its
obligations, express or implied, under the PO.
.
1.2 ENTIRE PURCHASE ORDER:
.
1.2.1 There are no understandings on PO between the purchaser and Supplier relating to the supply of equipment,
which are not fully expressed or referred to herein, and no statement or PO, oral or written, made prior to the PO
shall have any effect.
.
1.2.2 No modification to the PO shall be valid unless the same is agreed to in writing and signed by the authorised
representatives of both the parties hereto specifically stating it as an amendment to the PO.
.
1.3 AUTHORITY OF PERSON SIGNING DOCUMENTS:
.
1.3.1 A person signing the PO or any part of the PO on behalf of the supplier shall be deemed to warranty that he
has authority to sign such documents.
.
1.3.2 Any minutes of meeting or any other document signed by any authorised representative after signing of the PO
shall be taken as a valid document and the supplier shall be fully responsible for the execution of the PO arising
there from."
.
ARTICLE 2.0 PACKING, MARKING,TRANSFER OF RISK & TITLE
.
"2.1.1 The Supplier shall be responsible for the delivery of the equipment in satisfactory condition and without any
loss and damage and the delivery shall be completed when the entire equipment as per scope of supply has been
delivered in proper condition.
.
2.1.2 All the drawings, data-sheets, O&M manuals, service manuals, safety manuals, dossier, inspection reports, test
& warrantees certificates from bought out items suppliers, log-book documents and all other relevant documents
under this PO shall be either sent by courier before supply of equipment to the purchaser's office and with the
equipment under intimation to the purchaser.
.
2.2 Time being the essence of this PO; the deliveries shall be made by the supplier in accordance with the delivery
schedule as per Article 6.1 (In Annexure-II of Special Terms & conditions) . All periods of time mentioned shall
reckon from the date as stated therein. Notification of the delivery of dispatch in regard to each and every
consignment shall be made to the authorities named in the Article 10 ( In Annexure-II of Special Terms & conditions)
.
.
2.3 Unless otherwise agreed, the purchaser’s standard instruction of packing and marking shall be applicable to all
supplies covered under this order. The cost of packaging, labeling, tagging, marking, etc. is included in the price of
equipment(s). The equipment(s) shall be sufficiently and suitably packed wherever required and/or customary for
transport by rail /road / sea / air or any combination of above, so as to ensure that the equipment(s) shall be secured
and delivered at destination in satisfactory conditions. Packing material shall not be returned to supplier, unless
stated otherwise. packaging, labeling, tagging, marking of the equipment(s) shall be in accordance with standard
international practices. Supplier shall take suitable precautions and measures to protect goods against dampness,
moisture, rain, rust, shock, corrosion and deformation. Marking shall include the following information in sequence
and in frame commensurate with the size of container or package:
.
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
# Purchase Order No.

# Case No.
# Consignor
# Consignee
# Item No.
# Commodity Description
# Net Weight, Gross Weight and Measurement
# Caution Marks, if necessary
.
2.4 For FOR purchaser project site basis supply, the risk of loss/damage to the equipment(s) shall be upon supplier
upto delivery on FOR purchaser project site basis. If on inspection at final destination the purchaser discovers any
discrepancy, the purchaser shall be entitled (not -withstanding that the property of goods shall have passed on to
the company) to refuse acceptance of goods altogether and claim damages and / or cancel the PO and buy its
requirement in the open market at the risk and cost of the supplier, reserving always to itself, the right of forfeiture
of any amount found due and payable or the deposit, if any, placed by supplier for the due fulfillment of the PO as
also to recover any amount, if already paid.
.
2.5 Transfer of Title & Risk:
.
2.5.1""Transfer of Title""in respect of equipment supplied by the supplier pursuant to the terms of the PO shall,
without prejudice to clause 5.2.2, pass on to the purchaser at the time when the equipment is placed on purchaser’s
project site.
.
The transfer of the risk to the purchaser in respect of the equipment supplied by the seller shall be passed to the
purchaser at the time when the equipment is placed on purchaser’s project site."
.
ARTICLE-3.0 TRANSIT INSURANCE:
"3.1 Transit Insurance shall be taken by purchaser for all the equipment to be supplied by the supplier under this PO
for any loss/damage during transit after shipment on the basis of INCOTERMS 2010. The supplier shall mention the
Insurance Details in the commercial Invoice. In case of any loss/damage, purchaser shall lodge and settle the claim
with the insurance company.
.
3.2 In case the insurance claim is denied on account of improper/inadequate preservation/ packing or shipment not
being done as per Article 2 or any other reasons attributable to the supplier, the supplier shall replace/repair the
damaged equipment at free of cost to the purchaser, with in shortest possible time."
.
ARTICLE-4.0 CHANGES IN TECHNICAL SPECIFICATIONS OR SCOPE:
"4.1 Changes to the technical specifications or scope incorporated in written form shall apply with the same effect
as if they were a part of the agreed technical specifications.
.
4.2 Purchaser's request for change in specifications or scope shall be in writing. Revisions on drawings by the
purchaser shall be considered as written instruction of the purchaser. If necessary, supplier shall diligently, but in
no event later than seven (7) days after receiving such request, discuss with the purchaser representative of any
change in PO price/delivery schedule, which will result from change in specifications or scope. The changes in the
PO price and/or delivery schedule, resulting from change specifications or scope, shall be recorded by an
amendment to the PO modifying the applicable terms of this supply PO.
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DOLVI-HL/18-19/4700071443
.
4.3 With the specific written approval of the purchaser, supplier may make necessary technical alterations during
the progress of the manufacture and delivery of the equipment, which do not affect the quality and performance
levels of the equipment. The purchaser may give such written approvals subject to change in agreed supply Price
and/or delivery schedule being agreed to.
.
4.4 Any approval by the purchaser and the supplier to changes as set forth in changed specifications shall not
release either party of their respective obligations under this supply PO."
.
ARTICLE-5.0 INSPECTION AND TESTING:
.
"5.1 Inspection and tests at the supplier’s/manufacturer’s premises :
.
5.1.1 The Supplier shall follow all relevant Indian / International standards in manufacturing and testing the
equipment. The supplier shall manufacture and test the equipment as per the QAP prepared by the supplier and
approved by the purchaser. The purchaser shall have the right to inspect the equipment by itself or through its duly
authorised consultant as per the QAP. The supplier shall furnish a preliminary schedule for inspection for major
components/ equipment. Purchaser’s engineer, its duly authorised representative and / or an outside inspection
agency acting on behalf of the purchaser shall have, at all reasonable time access to supplier’s premises or works
and shall have the power of all reasonable times during business hours to inspect and examine the materials and
workmanship of the works during its manufacture.
.
5.1.2 Supplier shall give Seven (7) days prior written notice to purchaser with respect to tentative readiness of
equipment, which require witness for inspection by the purchaser at suppliers / sub-vendors works along with date
and place for inspection of the equipment. The purchaser or his inspector shall, unless the inspection is voluntarily
waived by the purchaser, inspect the equipment on the date notified by the supplier. The supplier shall provide to
the purchaser all free of charge such items as labour, materials, electricity, fuel, water, stores, apparatus and
instruments as may be reasonably demanded by the engineer or the purchaser’s representative or his authorised
representative to carry out effectively such tests of the equipment in accordance with the PO and shall give facilities
to the engineer or purchaser’s representative or to his authorised representative to accomplish testing. On
completion of the inspection, the purchaser shall issue the inspection certificate at the inspection premises.
However, the inspection, examination or testing carried out by the purchaser shall not relieve the supplier from any
of their obligations under this PO.
.
5.1.3 In case, the purchaser is unable to inspect the equipment, the supplier shall carry out the inspection in
appropriate manner which shall be deemed to have been made in the presence of the purchaser and shall issue the
duly certified copies of inspection result an undertaking stating that inspection has not been carried out by the
purchaser or his consultant within Fifteen (15) days of supplier’s inspection call.
.
5.1.4 In the event that there shall be defects and/or deficiencies which are minor, the issue of the inspection
certificate shall not be withheld, provided that supplier will accept to remedy such defects and/or deficiencies, if
required, at the site at its own expense in shortest possible time. Such minor defects and/or deficiency shall be
mentioned by the purchaser in the inspection certificate.
.
5.1.5 In the event equipment /equipments fails in inspection/ tests, then re-inspection / re-test shall be carried out by
the purchaser for necessary rectification work / replacement by supplier. All cost incurred by the purchaser’s
personnel to attend re-inspection / re-test shall to the supplier’s account.
.
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5.1.6 From time to time the purchaser has right to follow-up the progress of work at Supplier's or its sub-supplier's
workshop without interfering with the work in progress. For any such visit the purchaser will give at least 3 (three)
days advance notice..
.
5.2 Inspection at the site of the purchaser:
.
5.2.1 Equipments purchased by the purchaser are subject to the purchaser’s inspection and approval at Dolvi Plant.
Any inspection and subsequent clearance by the purchaser does not relieve the supplier from his agreed
obligations.
.
5.2.2 If any supply fails in inspection at the purchaser’s site, the re-inspection / re-test shall be carried out by the
purchaser after necessary rectification work / replacement by supplier. In case of any supply fails even after
rectification / replacement, as stated above, the purchaser shall be entitled to reject the equipment. Any equipment
so rejected may be stored by the purchaser for solely at supplier’s risk and cost or may be disposed off in any
manner the purchaser may deem fit and proper after 30 days and such rejection and notification to supplier thereof.
However, the purchaser may at its sole option accept the equipment so rejected at a discounted price subject to
rectification / replacement of the equipment by the supplier and the decision so taken by the purchaser shall be final
and binding upon the supplier.
.
5.2.3 If equipment supplied by supplier is not found as per technical specifications as agreed, purchaser shall issue
a notice of 30 days calling upon supplier to rectify the defect. If supplier fails to rectify the defect within reasonable
time thereafter, then purchaser shall have the option to reject the same."
.
ARTICLE-6.0 PERFORMANCE GUARANTEE:
.
"6.1 The supplier in consultation with the purchaser shall ensure that the erection of the equipment has completed
and all preparations have been made for the no load tests, commissioning and performance guarantee tests. The
purchaser’s personnel shall then conduct no load tests, commissioning and performance guarantee tests under the
supervision of the supplier.
.
6.2 Immediately after the commissioning, the supplier shall proceed for performance guarantee tests and
demonstration of the performance guarantee parameters. The performance guarantee tests shall be considered to
have been successfully completed, when the agreed guaranteed parameters have been achieved. The results of
performance guarantee tests for the equipment shall be jointly recorded and signed by the purchaser and the
supplier. Within 7 (seven) days of submission of compiled performance guarantee test reports, the purchaser shall
issue the Final Acceptance Certificate in terms of the Article 7 herein.
.
6.3 If the Supplier fails to demonstrate the performance guarantee parameters during the performance guarantee
test, but the result of the tests are within the acceptable limits, then the purchaser shall accept the equipment with
liquidated damages as per Article 9.2 (In Annexure-II of Special Terms & conditions) payable by the supplier for
variation in the performance guarantee parameters and thereafter the Final Acceptance Certificate shall be issued by
the purchaser in terms of the Article 7 herein.
.
6.4 If the percentage variation of any of the performance guarantee figure exceeds the acceptable limits on any of
the guaranteed figure, the provisions of Article 9.2 (In Annexure-II of Special Terms & conditions) shall apply.
.
6.5 If even after the repeat tests as stated above the guaranteed figure are not within the acceptable limits, the
provisions of Article 9.2 (In Annexure-II of Special Terms & conditions) shall apply."
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DOLVI-HL/18-19/4700071443
.
ARTICLE-7.0 FINAL ACCEPTANCE CERTIFICATE (FAC):
"7.1 Upon successful completion of all the Performance Guarantee Tests performed at ""Site"" on the Equipment,
the purchaser shall issue the Final Acceptance Certificate (FAC) to supplier as a proof of the final acceptance of the
equipment provided that the supplier has:
.
(i) Paid all liquidated damages, indemnity sums and other payments due from the supplier under the PO;
.
(ii) Submitted all drawings, engineering data, manuals, spares, lists of spares and all other items required to be
submitted by the supplier as agreed or otherwise in terms hereof; and
.
(iii) Performed all its obligations under the PO except the warranty provisions under Article 8 (In Annexure-II of
Special Terms & conditions)
.
7.2 Besides the specified conditions governing the period under warranty, depending on the outcome of the
Performance Guarantee Tests, additional conditions may be imposed and agreed to between the purchaser and the
supplier as a condition for issue of the FAC or for grant of time for satisfaction of Performance Guarantees without
relieving the supplier of its liabilities for its failure to perform.
.
Any certificate given by the purchaser shall not relieve the supplier of any of its obligations which otherwise survive,
after issuance of such certificate."
.
ARTICLE-8.0 ASSIGNMENT AND SUBCONTRACTING:
"8.1 Neither party shall assign, in whole or in part, its rights and obligations under this PO to any third party without
prior written consent of the other party. However in case of assignment in favour of a subsidiary, holding company
or group company such approval shall not be unreasonably withheld. The assignments of the PO to banks and/or
export credit insurance agencies are permitted with written consent by the authorised representatives of the parties.
.
8.2 The supplier may sub contract, a portion (but not the whole) of this PO work to third parties. All such third
parties shall be as per the approved sub-contractors/sub-suppliers list/make as per the technical specifications
given in writing. In case supplier proposes any addition/deletion of sub-contractors/sub-suppliers/make over and
above the list mentioned in the technical specifications, supplier shall obtain prior written approval of purchaser on
the same.
.
8.3 Notwithstanding the above, the supplier shall solely and entirely be responsible for any liabilities, acts, defaults
and neglects of any sub-contractor’s/sub- supplier’s or its agents or employees, as if they were its own acts,
defaults or neglects."
.
ARTICLE-9.0 LIMITATION OF LIABILITY:
.
"9.1 The Parties shall assume no liability for any reasons whatsoever, unless expressly stated in the PO.
.
9.2 Accordingly, the rights and remedies provided for under the PO are final and exclusive and shall not be modified
changed or amended.
.
9.3 Notwithstanding anything to the contrary provided for by the applicable law or contained or implied in this PO,
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neither party shall in any event, whether under and/or in connection with this PO or the performance or
non-performance thereof or as a result of breach of PO, be responsible or held liable towards the other for any
indirect and/or consequential, incidental, prospective, remote, special or speculative damages."
.
16.4 Maximum 100% of Total Basic Purchase Price, except for patent liability and Risk Purchase .
.
ARTICLE -10.0: PATENT RIGHTS & INDEMNITY:
.
Supplier’s liability under any kind of patent infringement with respect to this PO shall be unlimited.
.
"10.1 Supplier declares that the equipment to be supplied by them hereunder does not infringe any patent existing
as on the date of PO coming into force. Supplier agrees to defend any suit or proceeding brought against purchaser
based on a claim raised by third parties that any material constitutes an infringement of any such patent. purchaser
shall promptly notify supplier in writing and give authority, information and assistance necessary or appropriate for
the defense of said claim, suit or proceeding brought against purchaser in a claim for infringement of patent rights.
.
10.2 The supplier undertakes, agrees and guarantees, at all times saves, defends and keeps harmless, indemnity
and keeps indemnified purchaser, its successors and assigns, the directors, officers, employees, consultants etc.
and its and their estates, from and against all payment claims, demands, actions, proceedings, which may be made
or brought or commenced against them or which they may incur or suffer as a result or on account of or arising out
of this PO and shall bear all costs and expenses incurred by purchaser in assisting supplier to defend any claim
under the patent laws.
.
10.3 If the use of the equipment delivered by supplier hereunder is enjoined because of infringement of any patent
covering the design of the equipment, supplier shall promptly, at its own cost and expense, redesign and
reconstruct the equipment to avoid the infringement, or replace the equipment with non-infringing equipment, or
procure a license for the continued use of the equipment, or pay the purchase price of the infringing equipment
which has to be procured by purchaser..
.
10.4 Purchaser on its part warrants that any design or instructions furnished or given by purchaser shall not be
such as and / or will cause supplier to infringe any letters of patent, registered design, trademarks or copyrights in
the performance of the PO.Purchaser shall fully defend, indemnify and hold supplier free and harmless against all
and any actions, claims, demands, costs, charges and expenses including legal expenses raised by third parties
arising from or incurred by reason of any rights arising from allocation of the site to supplier by purchaser."
.
ARTICLE-11.0 CONFIDENTIALITY:
.
Supplier agreed that any information received pursuant to this PO shall be treated as confidential information and
shall not be disclosed to any third party except as is required by law or legal process.
.
ARTICLE-12.0 INDEMNITY:
.
"12.1 Indemnification
.
Supplier shall fully indemnify, save harmless and defend the purchaser, purchaser’s shareholders, the engineer, the
financing parties, each of their subsidiaries, and the directors, officers, agents and employees or each of them (the
purchaser Indemnified parties), from and against any and all losses, costs, damages, injuries, liabilities, claims and
causes of action, including without limitation reasonable attorney’s fees (collectively, the ""Damages""), arising out
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DOLVI-HL/18-19/4700071443
of or resulting from claims by third parties arising out of or related to supplier’s performance of the Supplies
pursuant to this PO to the extent caused by supplier’s intentional act, negligence or strict liability in the
performance of the supplies hereunder.
.
12.2 Specific Indemnification:
.
Supplier shall fully indemnify, save harmless and defend the purchaser from and against any and all damages in
favour of any third party(s) with respect to failure of supplier or any of its sub-suppliers to comply with applicable
Laws up to the date of scheduled completion and / or failure of supplier to make payments of taxes relating to
supplier’s income or other taxes, duties and levies required to be paid by supplier pursuant to this PO without
reimbursement or compensation hereunder."
.
ARTICLE-13.0 INTELLECTUAL PROPERTY RIGHTS:
"13.1 The Supplier warrants that the equipment or its parts, to be supplied by the supplier including the software, if
any, hereunder does not infringe any patent and/or other intellectual property rights existing as of the date of
delivery of the equipment. The supplier agrees to defend at its cost any suit or proceeding brought against the
purchaser who is the ultimate actual user based on a claim raised by third parties that any equipment/part of the
equipment or software constitutes an infringement or alleged infringement of any such patent and/or intellectual
property.
.
13.2 The supplier hereby shall at all times defend, indemnifies and keep indemnified and shall reimburse and hold
the purchaser (the ultimate actual user) harmless of (i) any and all claims, demands, legal costs, suits or other cause
of action (including but not limited to court order , losses, liabilities, expenses, legal fees, interest & damages
whether in Law or equity, whether general, special, penal, statutory or consequential and whether in PO, tort or
otherwise) and expenses incurred by the purchaser in assisting the supplier to defend any claim under the patent
laws/other intellectual property rights, and/or (ii) any awards for claim under Article 10.1, awarded by a competent
authority, and/ or (iii) all the damages suffered by the purchaser due to such infringement action taken and pursued
by any third parties.
.
13.3 If the use of the equipment delivered by the supplier hereunder is enjoined because of infringement of any
patent covering the design of the equipment, the supplier at its own choice shall either, at its own cost and expense
without any limit, procure the license for the continued use of the equipment or change, at its own cost, the
infringing Equipment or parts thereof to the extent necessary to avoid such infringement. If the supplier to fails to
prevent the infringement and fails to either procure the license or change/replace the equipment to the satisfaction
and acceptance of the purchaser, the Supplier shall refund complete amount so received by the supplier from the
purchaser in execution of this PO and shall also reimburse the purchaser all associated cost and expenses incurred
by the purchaser in making the equipment operational.
.
13.4 Any new patents or improvements conceived by the supplier as a result of the infringement shall be the
exclusive property of the supplier. However, should such patents or improvements be necessary for the efficient
operation of the equipment supplied under this PO, the supplier licenses the purchaser the use of the aforesaid
patents or improvements at no extra cost."
.
ARTICLE-14.0 FORCE MAJEURE:
.
"14.1 A Force Majeure means an event or circumstance or combination of events and circumstances beyond the
reasonable control of the party that wholly or partly prevents or unavoidably delays an affected party in the
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performance of its obligations under this PO, which amongst other, include Act of God, Natural Calamity, war, etc.
.
14.2 If either party is prevented from performing any of its obligations under this PO by such cases of Force
Majeure, it shall give written notice to the other party within 14 (fourteen) days of such occurrence to the events,
describing the event and its effects supported by authentic evidences that are verifiable. The affected party shall,
having given notice, be wholly or partially excused performance of such obligation for so long as such Force
Majeure prevents it from performing them. No party shall have any claim/ compensation for the loss incurred due to
the force majeure conditions.
.
14.3 The affected Party shall use all reasonable efforts to minimize any delay in its performance of the PO as a result
of Force Majeure Events.
.
14.4 The party unable to perform this PO due to the effect of Force Majeure events occurrence may, after
consultation with the other party, extend the duration of this PO by a period commensurate to the time actually lost
due to the Force Majeure occurrence. The other party shall not claim compensation for the loss thus incurred.
.
14.5 In case of an extension up to 90 (Ninety) days in the performance of this PO due to the effect of the Force
Majeure occurrence, both parties shall have friendly consultation on the performance of this PO or termination of
the PO as provided in this PO.
.
14.6 Notwithstanding the foregoing, Force Majeure shall not apply to any delay, default or failure (direct or indirect)
in procuring the components and /or the materials for the manufacture of the equipment by the supplier; and/or any
delay, default or failure (direct or indirect) by the supplier in any agreement entered into by it with any party
including sub-contractor."
.
ARTICLE-15.0. REJECTION CLAUSE:
.
"If equipment supplied by the supplier is not found as per technical specifications signed and agreed between the
parties or found defective or any manufacturing defects, then purchaser shall have the option to reject the same
partially or in totality at the cost and risk of supplier.
.
If Performance Guranteed parameters are not achieved as per mutually finalized technical scope for the reasons
attributable to supplier then purchaser shall have the rights to reject the same at the cost and risk of supplier.
.
If PG parameters are not achieved after 1 repeat tests (at supplier cost), Purchaser shall have the option to Reject
the equipment or levy enhanced LD."
.
ARTICLE-16.0. TERMINATION:
16.1 Termination by the purchaser
"16.1.1 The purchaser shall be entitled to terminate this PO in the event of any or all of the following:.
.
i. Supplier’s breach of PO for which the remedial action is not initiated by supplier within 15 days of receipt of the
purchaser’s notice.
.
ii. Delay in delivery of the equipment(s) in excess of thirty (30) days for the reasons solely attributable to the
supplier. The purchaser shall notify the supplier of his intention of termination at least 15 days prior to expiry of
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aforesaid 30 days.
.
iii. In the event of liquidation, bankruptcy or winding-up except voluntary winding-up for amalgamation and
reconstruction imminent or instituted against the supplier or in the event of change of ownership of the supplier, the
purchaser shall be entitled to terminate the PO in whole or in part and to take over the supplies and in particular to
recover all documents concerning the same which are in possession of the supplier or its sub-vendor
/sub-contractor.
.
iv. In the event of supplier’s subcontracting the whole of works or assignment of PO without express permission of
the purchaser, the purchaser shall have right to terminate the PO;
.
v. The purchaser may terminate the PO without any notice in the event of supplier’s offering any bribe gift, gratuity,
commission or other thing of value as an inducement or reward whether directly or indirectly to the purchaser’s
employee for doing or fore bearing to do any action in relation to PO.
.
vi. The supplier’s extension beyond ninety (90) days in the performance of this PO due to the effect of the Force
Majeure occurrence and no amicable solution is arrived at by the parties as per Article 20 hereinabove;
.
16.1.2 If this PO is terminated pursuant to Article16.1.1( i to v), the purchaser shall, in addition to the rights granted
under Articles 8.0 (In Annexure-II of Special Terms & conditions) and Article 9.2 (In AnnexureII of Special Terms &
conditions) in respect to equipment(s) already supplied by supplier, have the right to procure equipment(s) whether
completed or in the process of manufacture, either directly or through another Manufacturer/Supplier, to undertake
to complete the manufacture and take delivery of the equipment(s) in a reasonable manner at the sole risk & cost to
the supplier.
.
16.1.3 In such above case, the liability among the parties shall be satisfied by :
.
i. Refund of all the money received by the supplier from the purchaser for the undelivered equipment(s) whether
completed but yet to be delivered at Dolvi Plant or in the process of manufacture.
.
ii. Providing with all rights/documentation and other information in its possession or in supplier’s sub-vendor /
sub-suppliers possession to enable the purchaser to have the defective and/or insufficient supplies
emedied/procured from a third party. The costs incurred by the purchaser shall be recovered from any outstanding
invoice(s) of the supplier or shall be directly invoiced to the supplier for settlement. The purchaser shall have also
the rights to en-cash the bank guaranties if the corresponding amounts are not returned by the supplier to the
purchaser within 30 days from the date of such settlement.
.
iii. Payment to supplier of successful supply already delivered at site until the date of such termination, however,
supplier shall not be entitled for any compensation / damage whatsoever, except for the payment as above.
.
16.1.4 Any waiver by the purchaser for breach of any provision of the general terms and conditions contained herein
and the PO shall not be considered as a waiver of any subsequent breach of the same or any other provision. The
right to terminate or cancel the order under the Article 16.1 herein shall not prejudice any other right or remedies
which the purchaser may have against the supplier in respect of the breach concerned or any other breach under
the applicable law or otherwise.
.
16.1.5 The purchaser can at any point of time, terminate the PO during term of the PO by serving a written notice
without assigning any reason. In such case, the supplier shall be entitled for payment to the extent of work already
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completed and not paid for as of the date of such termination. In such case, the supplier shall immediately stop the
performance of the PO and submit to the purchaser the complete status of the PO and the estimate of cost as
incurred by them with all supporting that are verifiable and measurable as of the date of termination. The purchaser
and the supplier shall then meet to reasonably settle the cost that will be payable by the purchaser and the
deliverables that are to be obtained from the supplier or supplier’s sub-suppliers.
.
16.1.6 In case of termination of this PO by the purchaser, the settlement between the purchaser and the Supplier
shall be arrived at within 90 days of termination and any sum due to either party from the other shall be paid within
60 days of the settlement."
.
"16.2 By the supplier:
.
16.2.1 The supplier shall be entitled to terminate this PO in the event of any or all of the following:
.
i. In case of breach of any of the conditions of this PO by the purchaser, the supplier shall notify the purchaser of
such occurrences, and, if the purchaser fails within 60 days of such notification to commence to take necessary
remedial action for such breach, the supplier shall be entitled to terminate this PO by written notice to the
purchaser;
.
ii. In the event of liquidation or bankruptcy and the purchaser is not discharged within ninety (90) days thereof.
Supplier shall notify the purchaser of his intention of Termination at least 30 days prior to expiry of aforesaid 90
days;
.
iii. The purchaser’s extension beyond ninety (90) days in the performance of this PO due to the effect of the Force
Majeure occurrence and no amicable solution is arrived at by the Parties as per Article 20 herein above.
.
16.2.2 In such event of termination due to reason as specified in Article 16.2.1, the purchaser shall take over the
uncompleted part of the equipment and have the equipment completed by itself or others. The liability among the
parties shall be satisfied by :
.
(i) Payment by the purchaser to the supplier for the equipment already delivered in accordance with the terms of the
PO at the time of termination
(ii) All the verified cost reasonably incurred by the supplier for the work in progress and taken over by the
purchaser.
(iii) Refund of payment by supplier all money received from the purchaser for undelivered supply and / or other dues
payable to the purchaser.
.
16.3 In the event of termination of the PO the parties shall arrive at an amicable mutual agreement.
16.4 Settlement between the parties shall be completed within 90 days of termination.
.
16.5 The parties recognizes that the remedy provided for in this clause may be invoked only in case of critical
non-compliance by other party of its undertaking such that the termination of the PO appears the only reasonable
course of action available."
.
ARTICLE-17.0: GOVERNING LAW, JURISDICTION OF COURT, DISPUTES RESOLUTION AND ARBITRATION:
.
It is expressly agreed by and between the parties that:
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
"17.1 Any dispute arising out of or in connection with this PO including any question regarding the existence,
interpretation, validity, frustration, notation, scope of the PO, performance of the PO, breach of PO, termination and
consequences of termination of this PO shall be referred to and finally resolved by arbitration in accordance with
the Arbitration Rules of the Mumbai Centre for International Arbitration ("MCIA Rules"), which rules are deemed to
be incorporated by reference in this clause.
.
17.2 This PO shall be exclusively governed by Indian law;
.
17.3 The seat of arbitration shall be at Mumbai only;
.
17.4 The costs, charges, fees and expenses of the arbitrator(s) shall be borne equally by the parties to the
arbitration, and save as aforesaid, the parties shall bear its own legal and others costs;
.
17.5 The courts at Mumbai alone shall have the exclusive jurisdiction to hear matters pertaining to the arbitration or
any matter related thereto;
.
17.6 Arbitration proceedings shall be conducted in English language; and.
.
17.7 Performance under the PO shall be continued during the arbitration proceedings unless otherwise directed by
the purchaser in writing or unless the matter is such that the performance cannot be possibly continued until the
decision of arbitrator is obtained.
.
17.8 The supplier hereby waives all its rights to raise the defense of forum non-conveniens."
.
ARTICLE 18.0: ORDER EXECUTION PLAN:
.
"18.1 The supplier shall submit for the purchaser’s information an organization chart clearly identifying the project
manager and project co-ordinator with indication of the other project team members (including their email address,
direct telephone, fax no.) at each work location who shall be fully responsible for all liaison and co-ordination with
the purchaser as well as reply to the purchaser from time to time on all matters relating to this PO till the successful
execution of the contracted work.
.
18.2 The supplier shall incorporate the purchaser’s logos in suitable location, keeping aesthetic in mind, on
equipment and all drawing and documents in mutual discussion with the purchaser.
.
18.3 The Supplier shall, within 4 (four) weeks from the date of signing of this PO, submit a detailed ""Project
Planning and Execution Report"" for approval of the purchaser scomplete with Plan/ Schedule/ Bar charts for
ordering, manufacturing & delivery including sub contracting status (applicable for bought-out items and any other
component required for this project.
.
18.4 Within 2 (two) weeks of signing of this PO, supplier shall inform the purchaser of the supplier’s internal project
number.
.
18.5 The Supplier shall submit to the purchaser for review the procedures for flow of documents/ information.
.
18.6 The Supplier shall submit progress Report every 1 (one) month specifying progress against agreed schedule in
a form agreeable to the purchaser with following minimum details:"
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
.
"# Drawings, Designs and data for review;
# Quality Assurance Plan;
# Manufacture / Fabrication progress and next month Plans for major Supply items forming the part of PO;
# Manufacturing and Delivery Milestone for major Supply items and Project completion Schedule;
# Inspection Milestones;
# Shipping Status and Documents;
# Submission of Final Documentation by Supplier; and
# Any other issues."
.
ARTICLE 19.0 ENTIRE PO
.
"This PO including all annexure attached hereto embodies the full and complete understanding of the parties hereto
relating to the subject matter hereof and supersedes all former understandings, proposals, writings,
representations, authorisations, PO, written or oral, relating to the subject matter hereof.
.
Neither party shall be bound by any conditions, definitions, warranty nor representation with respect to the subject
matter hereof except as expressly set forth herein. The waiver by either Party hereto of any rights hereunder or
failure to perform or breach by other party shall not be deemed waiver of any other right hereunder or of any other
breach or failure of said other Party whether of a similar nature or otherwise.
.
The several annexure listed hereinabove and forming an integral part of this PO are to be taken as mutually
explanatory to one another. However, in case of conflict/contradiction between the annexure and articles of this PO,
provisions in the articles shall prevail."
.
ARTICLE 20.0 RISK PURCHASE:
.
Notwithstanding anything contained in this PO, if at any stage delay has taken place in supply or we feel that delay
is taking place or likely to take place in the execution of PO then we shall have the right to procure required
equipment or part thereof from alternate sources at your cost and expenses including incidental expenses. If we
exercise this option for any specified item/equipment, then you shall stop processing and delivery/application of the
specified item without any cost to us. This shall be over & above our right to claim (i) liquidated damages towards
late delivery as per and/or performance and (ii) limitation of liability .
.
ARTICLE 21.0 WAIVER:
.
Neither party shall be bound by any conditions, definitions, warranty nor any representation with respect to the
subject matter hereof except as expressly set forth herein. The waiver by either party hereto of any rights hereunder
or failure to perform or breach by other party shall not be deemed waiver of any other right hereunder or of any
other breach or failure of other party whether of a similar nature or otherwise.
.
ARTICLE 22.0 CHANGES IN RULES OR REGULATIONS:
.
In case of changes in any law, decree, rules or regulations in India or any applicable codes or standards after the
date of signing of the PO, the parties shall be entitled to adjustments of the provisions of the PO affected by such
changes by mutually negotiated amendments/PO in conformity with the prevailing law with the same commercial
effect.
.
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
ARTICLE 23.0 REPRESENTATION AND WARRANTIES:

.
"As on the date of execution of this PO, each party hereby represent and warrant to the other party subject to the
terms and conditions of the PO that:
.
23.1. They are duly organized, validly existing under the laws of its origin, qualified to do business in all jurisdictions
with all requisite power to enter into and perform its obligations under this PO in accordance with the terms;
.
23.2. This PO has been duly and validly signed by an authorized representative of either Party;
.
23.3. Subject to the provisions for PO effectiveness in Article 2 (In Annexure-II of Special Terms & conditions) , this
PO constitutes a valid and binding obligation between the parties; and
.
23.4. Each of the representations and warranties specified in this Article shall be construed as separate and
independent representation and shall be read in conjunction with the terms of this PO."
.
ARTICLE 24.0 SPARE PARTS AVAILABILITY GUARANTEE:
.
Supplier shall guarantee that all spares parts or their functional equivalent required for the equipment to be supplied
under your scope shall be available for a period of Fifteen (15) years from the date of commissioning of equipment.
However suitable substitute shall be made available for spare parts which will obsolete in future.
.
ARTICLE 25.0: STATUTORY OBLIGATIONS:
.
"Both parties (purchaser & supplier) shall observe and comply with all Central and State Statutory rules, regulations
and laws applicable for performance under this PO.
.
25.1 Prices or other sums payable in accordance with the agreement would be subject to GST at the applicable rates
specified in the GST legislation.
.
25.2 Supplier shall adhere to the provisions of GST legislation related to raising of tax invoice, valuation, time of
supply of goods/ services, place of supply of goods/ services and payment of tax. Further, Purchaser would not be
responsible for any liability of taxes, interest and penalty that may arise due to non-compliance of aforesaid
provisions under the GST law or such other law.
.
25.3 GST accounted and charged should be deposited to the account of exchequer within the prescribed time limit
and should be disclosed in the returns to enable us to avail input tax credit. Any non-adherence of the same would
result in non-payment of GST or consideration towards services provided or both.
.
25.4 Supplier shall issue credit notes towards any adjustments to the value and the credit note shall also indicate
the appropriate GST amounts and the corresponding invoice numbers to which the said credit note is attributable
to. In case GST rate is more than existing rate, vendor shall reimburse excess amount of GST charged in the credit
note. Further, any reduction either on account of reduced GST rates or on account of availability of GST credits,
shall be passed on to purchaser and purchaser reserves its rights to seek any information that may be appropriate
to meet this purpose.
.
25.5 Supplier shall indemnify purchaser any loss including but not limited to GST credits, interest, penalty either on
account of non-availability of input tax credit or non-filing of GST returns. In case of any GST compliance failure (for
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
e.g. Invoice, Systems, Classifications (HSN Codes), GSTN, Payment of Taxes, etc) by you, resulting in "loss of Input
Credit" or "any short payment of tax", which later on is recovered from purchaser along with interest and penalty,
then purchaser will have the voluntary right to charge the entire amount inclusive of interest and penalty to you.
.
25.6 GST registration number has to be printed clearly on all the tax invoices, debit and credit notes.
.
25.7 Purchaser reserves its right to seek information including but not limited to GST payments, filing of returns,
availability of credits to the vendor."
.
ARTICLE 26.0: SEVERABILITY:
.
Any provision or any part of any provision in the order, which is illegal, void or unenforceable, shall be severable
provided that the rights and/or obligations and/or liabilities of the parties hereunder are not substantially altered
thereby. Following any such severance this PO shall be read & construed as if such severed provisions were not
contained herein.
.
ARTICLE 27.0: DESIGN DEFECT LIABILITY:
.
Supplier obligations to the "Design Defect Liability" of all Equipment supplied under the aforesaid warranty shall be
effective for 60 (Sixty) months from the date of completion of successful commissioning. Under this aforesaid
period, failures of the Equipment or any part of the equipment attributable towards design related defects shall be
replaced by supplier free of cost to purchaser.
.
ARTICLE 28.0: PRODUCT LIFE CYCLE:
.
28.1 Supplier warrants that the product life cycle of the equipment supplied by them shall be 25 (Twenty) years from
the date of commissioning of the equipment and during this period the suppliers shall ensure availability of the
spares/its drawings to the purchaser.
.
28.2 Supplier further warrants that if during the product life cycle, if any takeover or merger or acquisition happens,
the new entity shall continue to be bound by the terms & condition of this PO.
.
ARTICLE 29.0: PRESS RELEASE & PUBLIC ANNOUNCEMENTS:
.
Supplier shall take prior written consent by providing drafts well in advance for any kind of press release, public
announcements or any other notifications with respect to this PO, for purchaser's approval under the provisions of
law.
.
ARTICLE 30.0 ORDER ACCEPTANCE:
.
Please return one copy of this order duly signed and stamped by suppliers authorised signatory as token of
suppliers acceptance to PO. If the acceptance is not received with in Three (3) days, it shall be deemed to have been
accepted by supplier with all it’s terms and conditions.
.
ARTICLE 31.0: SAVINGS:
.
"Only the terms and conditions thus specified in this contract are applicable irrespective of anything written or
printed in any correspondence, enquiry or offer related to this contract unless, otherwise expressly agreed to, by
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
and between the parties in writing.

.
This PO is neither assignable nor affordable."
.
ARTICLE 32.0 MISCELLANEOUS:
.
"32.1 Language: All notices, communications and statements as well as other technical and commercial
documentation to be presented under this PO shall be made in the English language, and the Metric System shall be
used therein.
.
32.2 Standards: The equipment supplied under this PO shall conform to the authoritative standards such as ISO,
ASTM, ASME, or DIN and Other standards as detailed in agreed Technical Specifications.
.
32.3 Severability: In the event that any of the provisions, or portions or applications thereof, of this PO are held to be
unenforceable or invalid by any court of competent jurisdiction, the purchaser and supplier shall mutually agree
upon a reasonable adjustment in such provisions of this PO with a view toward effecting the purpose of such
provisions of this PO, and the validity and enforceability of the remaining provisions, or portions or applications
thereof, shall not be affected thereby.
.
32.4 Amendments: No amendments, supplements or modifications of this PO shall be valid unless evidenced in
writing and signed by duly authorized representatives of the both parties.
.
32.5 Good Standing : Supplier is a company duly organized, validly existing and in good standing under the laws of
Republic of India and the execution, delivery and performance of this PO have been duly authorized by all requisite
action, and will not violate any material provision of any governmental agency rule, regulations, permits, statute or
ordinance, or violate any provision of its charter or bylaws or any indenture, agreement or instrument to which it is a
party or by which it or its property may be bound or affected.
.
32.6 Licenses: Supplier is, or will be, the holder of all national, state, local or other applicable permits / licenses
required to conduct its business."
ARTICLE 33.0 DOCUMENTATION:
"33.1 All drawings/ designs and documents under suppliers scope as detailed in technical specifications agreed
between purchaser and supplier.
.
33.2 Perform or cause to be performed all activities required in connection with designing, fabrication,
manufacturing, procurement and delivery of all equipment, materials, commissioning spare parts, special tools,
chemicals, and other consumables of International standard or the type ordered by the purchaser, and the
purchaser shall purchase and take delivery from the supplier, all supplies as detailed in the scope of supply as per
agreed technical specifications.
.
33.3 Submission of documents:
.
33.3.1 Supplier shall submit GA and manufacturing drawing of equipment with four (4) hard copies and one soft
copy (CD).
.
33.3.2 Supplier shall submit the Erection Manuals, Process Diagrams, Process manuals, Operating manuals, Quality
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
Assurance Plans, etc for the entire equipment to be supplied by supplier along with the respective equipment.
.
33.3.3 Supplier shall submit product information brochures (in English language) and test certificates along with
inspections reports for the entire equipment and all bought out items/equipment.
.
33.4 Without limiting any other provision of this PO, supplier shall provide the supplies hereunder in accordance
with the standards of professional care, skill, diligence and competence generally accepted in the independent
power industry applicable to engineering and manufacturing practices, all applicable laws, all permitted permits,
prudent utility practices and in accordance with the scope of work and as per agreed technical specifications. Any
work requiring certification from licensed engineering shall be performed by licensed and properly qualified
engineer.
.
33.5 Supplier shall be fully responsible to ensure that the supplied equipment is complete in all respect with regard
to its functional requirement as per ordered and agreed specifications."
.
ARTICLE 34.0 : Void
.
-
.
ARTICLE 35.0 : Void
.
-
.
Ànnexure-VI: ABG format (Not Applicable)
.
-
Ànnexure-VII: PBG format
"
PERFORMANCE BANK GUARANTEE
To,
JSW Steel Limited
Geetapuram,
Dolvi,Taluka Pen,
Dist. Raigad,
Maharashtra - 402 107
Irrevocable Bank Guarantee No: ______________ Date: __________

Amount of Guarantee: INR ____________ (INR _______)
Guarantee Cover : From ___________ to _____________
With reference to Purchase Order / Contract No: ________, Dated ________ executed by JSW Steel Limited,
Geetapuram, Dolvi, Taluka # Pen, District # Raigad, State # Maharashtra, India 402 107 (herein referred to as the
'Contract') between JSW Steel Limited (JSW), a Company registered under the Companies Act, 1956 and having its
Registered Office at JSW Centre, Bandra Kurla Complex, Bandra (E), Mumbai 400 051 and having its factory at
Geetapuram, Dolvi, Taluka # Pen, District # Raigad, State # Maharashtra, India 402 107 (''Purchaser") and M/s
_____________, a Company registered under the Companies Act, 1956 and having its registered office at
___________________ . ("Seller").
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
1) We the undersigned bank, ______________, (Bank name) (herein after referred to as Guarantor) an Indian
nationalized bank having its registered office at ___________ and having its branch office at _________, at the
request of the Seller, hereby open this irrevocable Guarantee No ______________, in favour of the Purchaser to the
extent of Currency INR. ______________/- (Rupees _______________________ only) (the ‘Guarantee Amount’)
payable at Mumbai.
2) By this guarantee, we, ______________, India, (Bank name & address), hereby irrevocably and unconditionally
guarantee and bind ourself, our successors and assign to pay to the Purchaser, its successors without recourse,
notwithstanding any objection by the Seller, an amount up to INR._________/- (Rupees ________________________
only) immediately, without any right of set off or counterclaim and without demur or protest, and not withstanding
any difference between the Purchaser and the Seller or any dispute or disputes raised/pending before any court,
tribunal, arbitrator or any authority, on receipt of a letter signed by the representative of the Purchaser stating that
the Seller has failed to fulfill his obligation in accordance with the terms of the Contract.
3) The decision of the Purchaser whether or not the Seller has committed breach of the Contract shall be final,
conclusive and binding upon the Guarantor and shall not under any circumstances whatsoever be questioned by
the Guarantor.
4) Any demand for payment under this Guarantee shall be made on the Guarantor by the Purchaser in writing at
____________ Bank (Bank name and address), India and shall be deemed to have been sufficiently made by the
Purchaser if the writing containing the demand is sent to the Guarantor by registered post or courier to the address
as aforesaid or sent to the Guarantor by hand delivery at such address and written acknowledgement obtained of
such delivery.
5) The obligations of the Guarantor hereunder are direct, immediate, primary obligations and liabilities and these
obligations are absolute and unconditional. The Guarantor’s obligation to pay the guaranteed obligations under
this Guarantee shall immediately arise upon the Purchaser demanding the payment of the monies by a notice in
writing given to the Guarantor, requiring it to pay the guaranteed obligations.
6) Any notice of demand for payment received by the bank from the purchaser within ___________ (claim date) shall
be considered and will be binding on the bank.
7) As between the Guarantor and the Purchaser (but without affecting the Sellers’ obligations) the Guarantor shall
be liable under this Guarantee as if it were the sole principal debtor. The Guarantor’s liability hereunder shall not be
discharged nor shall its liability be affected by:
# Any time, indulgence, waiver or consent at any time given by Purchaser to the Seller; or
# Any amendment to the Contract; or
# The making or the absence of any demand by the Purchaser on the Seller or any other person for payment; or
# The enforcement or absence of enforcement of the Contract or of any
security or indemnity.
# The illegality, invalidity or unenforceability of or any defect in any provision of the Contract or of any of the Sellers
obligations thereunder; or
# The dissolution, amalgamation, reconstruction or reorganization or appointment of any Administrative Receiver of
the Seller or the Guarantor.
8) The Guarantor agrees and confirms that its obligation to make payment to Purchaser on demand hereunder and
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
discharge of such obligation shall not be delayed or avoided by reason of any act or omission on the part of
Purchaser.
9) The Guarantor’s liability under this Deed of Guarantee is restricted to a sum of INR.______________/- (Rupees
___________________ only).
10) We, the Guarantor, further undertake to extend the validity period of this Guarantee for any time or from time to
time. In the event we fail to extend the validity period of this Guarantee for any reason, then we shall unconditionally
accept the request for extension by the Purchaser as notice of invoking the Guarantee.
11) We the Guarantor agree that the Purchaser shall be entitled at their option to enforce this guarantee against us
as a principal debtor, in the first instance notwithstanding any other security or guarantee that it may have in
relation to the Seller’s liabilities.
12) The Guarantor agrees that the Courts at Mumbai alone shall have the exclusive jurisdiction in relation to any
default under this Guarantee.
13) We the Guarantor hereby agree not to revoke this guarantee or reduce the amount during its currency except
with the previous consent in writing of the Purchaser.
14) The Guarantor hereby declares that it has the power to issue this guarantee and the undersigned has full power
to do so.
15) This Guarantee shall be returned to the Guarantor within ________ after the validity date as mentioned below. If
the Guarantor does not receive the bank guarantee within ________ after the validity date as mentioned below, it
shall be deemed to be automatically cancelled.
Notwithstanding anything contained herein before, the Guarantor’s maximum liability under this guarantee shall in
no event exceed in aggregate Rs.__________/- (Rupees ___________________________ only) valid up to
___________ and is conditional upon claim being served up on us on or before _________ in writing failing which
your right under the guarantee shall be forfeited and we shall be relieved and discharged of all our liabilities.
Date this............. day of ______________, 20__
_____________________
Signature
Name & designation
.
"
"
PERFORMANCE BANK GUARANTEE
To,
JSW Steel Limited
Geetapuram,
Dolvi,Taluka Pen,
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
Dist. Raigad,
Maharashtra - 402 107
Irrevocable Bank Guarantee No: ______________ Date: __________

Amount of Guarantee: INR ____________ (INR _______)
Guarantee Cover : From ___________ to _____________
With reference to Purchase Order / Contract No: ________, Dated ________ executed by JSW Steel Limited,
Geetapuram, Dolvi, Taluka # Pen, District # Raigad, State # Maharashtra, India 402 107 (herein referred to as the
'Contract') between JSW Steel Limited (JSW), a Company registered under the Companies Act, 1956 and having its
Registered Office at JSW Centre, Bandra Kurla Complex, Bandra (E), Mumbai 400 051 and having its factory at
Geetapuram, Dolvi, Taluka # Pen, District # Raigad, State # Maharashtra, India 402 107 (''Purchaser") and M/s
_____________, a Company registered under the Companies Act, 1956 and having its registered office at
___________________ . ("Seller").
1) We the undersigned bank, ______________, (Bank name) (herein after referred to as Guarantor) an Indian
nationalized bank having its registered office at ___________ and having its branch office at _________, at the
request of the Seller, hereby open this irrevocable Guarantee No ______________, in favour of the Purchaser to the
extent of Currency INR. ______________/- (Rupees _______________________ only) (the ‘Guarantee Amount’)
payable at Mumbai.
2) By this guarantee, we, ______________, India, (Bank name & address), hereby irrevocably and unconditionally
guarantee and bind ourself, our successors and assign to pay to the Purchaser, its successors without recourse,
notwithstanding any objection by the Seller, an amount up to INR._________/- (Rupees ________________________
only) immediately, without any right of set off or counterclaim and without demur or protest, and not withstanding
any difference between the Purchaser and the Seller or any dispute or disputes raised/pending before any court,
tribunal, arbitrator or any authority, on receipt of a letter signed by the representative of the Purchaser stating that
the Seller has failed to fulfill his obligation in accordance with the terms of the Contract.
3) The decision of the Purchaser whether or not the Seller has committed breach of the Contract shall be final,
conclusive and binding upon the Guarantor and shall not under any circumstances whatsoever be questioned by
the Guarantor.
4) Any demand for payment under this Guarantee shall be made on the Guarantor by the Purchaser in writing at
____________ Bank (Bank name and address), India and shall be deemed to have been sufficiently made by the
Purchaser if the writing containing the demand is sent to the Guarantor by registered post or courier to the address
as aforesaid or sent to the Guarantor by hand delivery at such address and written acknowledgement obtained of
such delivery.
5) The obligations of the Guarantor hereunder are direct, immediate, primary obligations and liabilities and these
obligations are absolute and unconditional. The Guarantor’s obligation to pay the guaranteed obligations under
this Guarantee shall immediately arise upon the Purchaser demanding the payment of the monies by a notice in
writing given to the Guarantor, requiring it to pay the guaranteed obligations.
6) Any notice of demand for payment received by the bank from the purchaser within ___________ (claim date) shall
be considered and will be binding on the bank.
7) As between the Guarantor and the Purchaser (but without affecting the Sellers’ obligations) the Guarantor shall
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
be liable under this Guarantee as if it were the sole principal debtor. The Guarantor’s liability hereunder shall not be
discharged nor shall its liability be affected by:
# Any time, indulgence, waiver or consent at any time given by Purchaser to the Seller; or
# Any amendment to the Contract; or
# The making or the absence of any demand by the Purchaser on the Seller or any other person for payment; or
# The enforcement or absence of enforcement of the Contract or of any
security or indemnity.
# The illegality, invalidity or unenforceability of or any defect in any provision of the Contract or of any of the Sellers
obligations thereunder; or
# The dissolution, amalgamation, reconstruction or reorganization or appointment of any Administrative Receiver of
the Seller or the Guarantor.
8) The Guarantor agrees and confirms that its obligation to make payment to Purchaser on demand hereunder and
discharge of such obligation shall not be delayed or avoided by reason of any act or omission on the part of
Purchaser.
9) The Guarantor’s liability under this Deed of Guarantee is restricted to a sum of INR.______________/- (Rupees
___________________ only).
10) We, the Guarantor, further undertake to extend the validity period of this Guarantee for any time or from time to
time. In the event we fail to extend the validity period of this Guarantee for any reason, then we shall unconditionally
accept the request for extension by the Purchaser as notice of invoking the Guarantee.
11) We the Guarantor agree that the Purchaser shall be entitled at their option to enforce this guarantee against us
as a principal debtor, in the first instance notwithstanding any other security or guarantee that it may have in
relation to the Seller’s liabilities.
12) The Guarantor agrees that the Courts at Mumbai alone shall have the exclusive jurisdiction in relation to any
default under this Guarantee.
13) We the Guarantor hereby agree not to revoke this guarantee or reduce the amount during its currency except
with the previous consent in writing of the Purchaser.
14) The Guarantor hereby declares that it has the power to issue this guarantee and the undersigned has full power
to do so.
15) This Guarantee shall be returned to the Guarantor within ________ after the validity date as mentioned below. If
the Guarantor does not receive the bank guarantee within ________ after the validity date as mentioned below, it
shall be deemed to be automatically cancelled.
Notwithstanding anything contained herein before, the Guarantor’s maximum liability under this guarantee shall in
no event exceed in aggregate Rs.__________/- (Rupees ___________________________ only) valid up to
___________ and is conditional upon claim being served up on us on or before _________ in writing failing which
your right under the guarantee shall be forfeited and we shall be relieved and discharged of all our liabilities.
Date this............. day of ______________, 20__
Thanking You
Yours sincerely,
DOLVI-HL/18-19/4700071443
_____________________
Signature
Name & designation
.
"
ARTICLE 36: QUANTITY VARIATION
The payment shall be made as per the Bill of Quantity and Billing Schedule, which shall be as per the actual
quantum of work certified by the purchaser. In case of individual quantity variation being more than +10%, We shall
have the right to negotiate for reduction in the unit rate which shall be mutually discussed and finalized. Any other
variation of Individual quantity of work shall be done at same unit rate.
TIMINGS FOR GATE-ENTRY OF MATERIAL -
The vehicle carrying the material specified in the above Purchase Order will be allowed to enter inside the Dolvi Plant premises as per the
schedule below -
A) The vehicles with Operational / Revenue materials will be allowed for gate entry between 08:30 AM to 05:00 PM during week days i.e from
Monday to Fridays.
B) The vehicles with Project materials will be allowed for gate entry between 08:30 AM to 04:00 PM during week days i.e from Monday to Friday
C) On all Saturdays, the vehicles carrying Operations and Projects material will be allowed between 08:30 AM to 02:00 PM.
D) The Gate Entry of materials shall remain closed on Sundays and on all Public Holidays.
To avoid the delay and detention, request to inform your Logistics Agency accordingly.
Material should accompany necessary original GST Invoice-Original for Recipient & Duplicate for
Transporter(DFT).In case invoices, both original for recipient & Duplicate for transporter is not received along with
material then the said material will not be accepted by us.
Any reduction in Supplier's input cost due to implementation of GST shall be passed on to us.
Thanking You
Yours sincerely,

PO 4700071443 ECC SMS-2 Supp

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PURCHASE ORDER

Dolvi Works - HSM & LCP

Vendor Epayment: NOT REGISTERED

ALL THE PRICES MENTIONED BELOW ARE IN #INR”

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

1. GST is effective from 01st July 2017 as per applicable act.

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

ARTICLE-2.0 EFFECTIVE DATE OF PURCHASE ORDER:

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

ARTICLE-5.0 TERMS OF PAYMENT:

a) Commercial invoice, b) Packing list, c) Delivery challan.

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

9.1 For delay in delivery :

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Annexure-III : Billing breakup for supply (Applicable)

Total Price: (In original Currency)

Annexure-IIA (Bill Of Quantities- 6.6kV,3000A TP bus-duct)

Annexure-II B (Bill Of Quantities- 690V,4000ATP bus-duct)

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

8 Phase Crossover Set 6 16500 99000

Annexure-II C (Bill Of Quantities- 415V,3200A TP bus-duct)

Ànnexure-IV: Billing breakup for 2 years spares (Not Applicable)

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Annexure-V: General Terms & Conditions

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

ARTICLE 33: DOCUMENTATION

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

# Purchase Order No.

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

16.1 Termination by the purchaser

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

ARTICLE 23.0 REPRESENTATION AND WARRANTIES:

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

and between the parties in writing.

ARTICLE 33.0 DOCUMENTATION:

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Irrevocable Bank Guarantee No: ______________ Date: __________

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Date this............. day of ______________, 20__

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Irrevocable Bank Guarantee No: ______________ Date: __________

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

Date this............. day of ______________, 20__

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

TIMINGS FOR GATE-ENTRY OF MATERIAL -

Plant GST No : 27AAACJ4323N1ZG ; PAN : AAACJ4323N ; CIN :L27102MH1994PLC152925

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Irrevocable Bank Guarantee No: ____ Date:

Date this............. day of ____________, 20

Irrevocable Bank Guarantee No: ____ Date:

Date this............. day of ____________, 20