MGM Approval: Limits of Authority Checklist for offer related to SI Sales Product Business v.4 dtd 28.06.

2021
OpCo/BU/BS : SI / EA / Sys Date : 22.12.2022
LOA No: SR / 401 Sie Sales number: 063V00000Ff28qQAB
Name of the Client / Project : AH contrsuctions A/c TANTRANSCO
Scope: Supply of FOTE panels
Value : 7'5 MINR ( Excluding Taxes) SM : 5% EBIT: 2%
Total Project Period : 8 months

Sr. Requirement / Additional remarks / Legal

Clauses Regional Sales Sales Management / BU Op.Co. Remarks / Deviations
No. View
1 Credit Rating of the customers As per CF approval As per CF approval As per CF approval New unrated customer should have Google
(As per CF classification and CF approval) search (compliance), NCLT check.
CF approval initiated

2 Bonds / Guarantees with open ended clauses As per CF BG As per CF BG As per CF BG As per CF BG Guidelines/approvals. Any
( no tenors defined) Guidelines/approvals. Guidelines/approvals. Guidelines/approvals. deviations should be approved specifically Not applicable

3 Limitation of Liability (Including due to Risk - Defined more than 100% Unlimited Liability All bids to be escalated to Op.Co via BU. The LOL limited to 100% (incl risk
Purchase & Consequential damages) following exceptions/ general exclusions in purchase & consequential damage)
Limiation of Liability Clause are acceptable as (Regional Sales)
per legal:
-Gross Negligence
-cost of repairs/ replacement of defective
equiment within the warranty period
- mandatory/strict product liability,
- mandatory third party claims for bodily injury
and death or damage to property,
- willful misconduct or fraud,
- third party intellectual property rights
infringements,
- obligations under title warranty,
- the cost for fulfillment of the contract by
Siemens,
- indemnity for taxes imposed on Siemens by
law,
- indemnity for fines and penalties for violation of
applicable laws,
- breach of confidentiality

4 Construed unlimited liability /Tender silent on Offers up to 250 Mio Above 250 Mio All Bids to be based on pre approved customer list Not Applicable
limitation of Liability clause approved by Op.Co
5 Indemnification Clause Up to 100 Mio Offers above 100 Mio < 250 Offers above 250 Mio Ensure indemnification liability is applicable Not applicable
Mio in case of
- Gross Negligence; or
- Wilfful Misconduct; or
- Fraud or Illegal Activity.
The following exceptions/ general exclusions
in Limiation of Liability Clause are acceptable
as per legal:
- mandatory third party claims for bodily
injury and death or damage to property,
- third party intellectual property rights
infringements,
- indemnity for taxes imposed on Siemens by
law,
- indemnity for fines and penalties for
violation of applicable laws
6 Absence of Siemens' Right for Suspension / Up to 100 Mio Offers above 100 Mio < 250 Offers above 250 Mio Not applicable
Termination Mio
7 Termination on Convenience by customer Up to 50 Mio > 50 mio As per legal, If manufacturing clearance given by Not applicable
without reimbursement of direct cost the customer, then we canput claim for
reimbursement of the direct cost .

8 Unilateral Dispute Resolution / Sole Arbitrator Up to 100 Mio Offers above 100 Mio < 250 Offers above 250 Mio PSU's - Offers upto ` 400 Mio with Regions can Not applicable
Mio decide.
9 Applicability Foreign Laws Not acceptable in case no Foreign scope,if Yes Not applicable
then PATAC Approval + BU/Sales Approval
10 Integrity Pact (Mandatory Legal & Compliance Mandatory Legal & Compliance approval is requried.
approval) Not applicable

11 Joint and Several liability NIL All Bids to be approved by Op.Co All bids to be handed over to BU (Solutions) from
Not applicable
via BU PM-20 stage.
12 Various Compliance related approvals As defined in the PM@Siemens - LoA Web Based Tool To be followed internally as per LoA guidelines
Not applicable

13 Time is essence of contract Offers upto ` 100 Mio Offers above 100 Mio < 250 Offers above 250 Mio
Mio Not applicable

14 Maximum liability for liquidated damages Up to 10% of Order Value >10% ≤ 15% >15% 0.5% per week to a max of 5% of the contract value (Regional
under the contract sales)
(% of Contract Value)
15 LD is not a sole and exclusive remedy up to 100' upto 250' > 250' Not Applicable

16 Open ended third Party Liability Up to 20' Liability Above 20' General exclusions for LOA Approval: Not applicable
Bodily injury / death / damage to property due to
negligence of Siemens is liability by law
17 Absence of Disclaimer on Consequential Offers upto ` 100 Mio Offers above 100 Mio <250 Mio Offers above 250 Mio If explicitily consequentional lianility is mentioned Consequential / Indirect damages
Damages / Indirect Damages in the tender >100' it excalates to OpCo excluded
18 Maximum Retention Amounts Approved List for PSU, others if All exceptions
(% of Contract Value) option of PBG in lieu of retention Not Applicable
then restricted to Regions
19 Product Warranty Period (months whichever All cases > 18/24 as per BU
is earlier) guidelines/confirmation for offers Warranty shall be 18/24 months.

20 Contractual Completion date- Up to 50' Above 50' Delivery is not hard coded. 16-18 weeks from manufacturing
1. Where Contractual Completion date is hard clearance
coded or connected to milestone beyond
Siemens Control?
21 PVC / price escalation clause not applicable Up to 50' 50'-100' - Private customers > 100' PVC for private customers > 100 mio to be Not applicable
and delivery expected beyond 18 months. > 50' - Govt customers escalated to OpCo MGM

22 In case order is cancelled, All cases of A,B,C >50 and other D / E / UNC Category and Mandatory clause applicable only for dealer
2' - 50'- 2% or 100,000 whichever is more cases < 10' or > 50 Mio offer10' < 50 ' distributors business.
50-100' -1.5 % or or 100,000 which is more
Not applicable
> 100' -1% or 100,000 which is more
to be reimbursed in case drawings are
submitted
23 Offer/Bid Validity and extention clearly As per written BU confirmation More than 90 days All Offers to contain this clause.
defined or not up to 90 days 30 days (regional sales)

24 Overdue more than 10% of Total SI O/s to be Up to 50' More than 50' Price will be with default payment terms of 0 Not Applicable
discussed with BU for factoring in Interest days, Interest cost @ 0.75% to be added every
month of delay

Unrestricted
 MGM Approval: Limits of Authority Checklist for offer related to SI Sales Product Business v.4 dtd 28.06.2021
OpCo/BU/BS : SI / EA / Sys Date : 22.12.2022
LOA No: SR / 401 Sie Sales number: 063V00000Ff28qQAB
Name of the Client / Project : AH contrsuctions A/c TANTRANSCO
Scope: Supply of FOTE panels
Value : 7'5 MINR ( Excluding Taxes) SM : 5% EBIT: 2%
Total Project Period : 8 months

Sr. Requirement / Additional remarks / Legal

Clauses Regional Sales Sales Management / BU Op.Co. Remarks / Deviations
No. View
25 Late payment charges @ 1 % per month All cases of A,B,C up to 150 Mio A,B,C upto 250' and D & E New unrated
A,B,C > 250' and D & E Category Mandatory customer
clause, should
should be ahave Google
part of every offer Siemens Interest charges clause acceptable
clause included or not and D & E< 75 Mio Category Customers and offer Customers and offer > 100 Mio
upto 100 Mio (Private)

26 Storage charges incurred by Siemens for not All cases of A,B,C up to 150 Mio A,B,C upto 250' and D & E A,B,C > 250' and D & E Category Mandatory clause, should be a part of every offer Siemens storage charges clause acceptable
lifting materials clearly defined or not and D & E< 75 Mio Category Customers and offer Customers and offer > 100 Mio
upto 100 Mio (Private)

27 Re-warranty only for defective material in Sales Management/ BU Mandatory clause, should be a part of every offer Not applicable
case warranty issue arises, if any

M Digitally signed by M Dwarakanath

DN: cn=M Dwarakanath, c=DE,
o=Siemens,

Dwarakanath email=dwarakanath.m@siemens.com
Date: 2022.12.22 15:01:31 +05'30'

Harish ER Business Administration Manager) TR Prakash (Team Leader) Dwarakanath (Sales Engineer)

K R Narayanan (Regional Commercial) K S Muralidharan (Regional Manager)

Unrestricted