Ref.

: SEIL/APTRANSCO/132kV Obulapuram_001_Rev A

To : Executive Engineer
MRT & TRANSFORMERS ANANTHAPURAMU,
APTRANSCO .

Date : 26-09-2022

Ref. : Lr. No. EE/MRT & Transformers/ATP/AEE.T/F:91/D.No.434/2022, Dt. 26-09-2022,

Mail ref. : demrtatp@gmail.com, mail dated 26-09-2022

Subject : Offer for Man Days rate - Services for rectification of SCADA at 132kV Obulapuram S/s

Service charges for 3 Nos. of Man days @55,000/Per Man day . i.e INR 165,000/-

Taxes and duties : Extra @18%

SAC CODE : 998346

Man
ITEM DESIGNATION Unit Price INR Total Price INR
Days
1- SUBSTATION 1,65,00
Services to rectify SCADA issues at Obulapuram.
1.1 3 55,000 1,65,000
(SAC Code : 998346)
Total Ex-works base price 1,65,000
In Words Rupees One Lakh Sixty Five thousand Only

Payment Terms: Upon submission of Invoice after completion of work.

PO to be placed on below address.

Mandatory clauses to be part of PO.

Overall Limitation to Liability:

Notwithstanding anything else in the contract, the supplier shall not be liable for any indirect,
consequential, special, or economic loss, loss or profit, cost liability, damage or expenses
however arising out or in the course of the contract.

The aggregate liability of the supplier to the buyer, whether in contract or in tort (including
negligence) will be limited to 100 % of the contract value or the payment received under the
relevant purchase order, whichever is less.

Suspension and Termination Rights by the Seller:

Supplier may suspend any part or complete contract works after issuing a notice to the Purchaser
in case of any material breach of contract committed by the Purchaser. Supplier shall resume the
work immediately upon the Purchaser curing the defect or breach of the contract. If the
suspension continues for more than 30 days, the Supplier reserves the right to terminate the

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 contract and the Purchaser shall reimburse the Supplier for all costs and expenses incurred by
the Supplier over and above the cost of the work already performed until the time of termination."

Force Majeure:

No delay or failure by either of the Parties in the performance of this Contract shall give rise to
any claim by the other Party or shall deemed to be a breach of this Contract if such delay or
failure is the result of occurrence and/or continuation of any one or more events or circumstances
of the Force Majeure.
Force Majeure means any occurrence or event that is beyond the reasonable control of a Party
hereto, including, but not limited to,
(a) fire, flood, flooded land, rains, snow, lightning, drought, storm, typhoon, earthquake, tsunami,
ash clouding, inundated with sea/ river water, tornado, landslide, subsidence, natural disasters,
washout or epidemic or unusual inclement weather, unfavorable weather conditions (foreseeable
or unforeseeable) or unusual project site or sea conditions any other similar conditions or acts of
God; etc.;
(b) war, (declared or not) hostilities, explosions, insurrection, rebellion, sabotage, vandalism,
invasion, riots, strikes, freight embargos, social commotion; agitations, labour disturbances,
turbulence, accident, casualties, civil war, or any other act of public enemies, etc.
(.c) acts or omissions of any court, legislative, judicial or executive body, or other governmental
authority (such as a taking by condemnation or power of eminent domain), any expropriation or
confiscation of facilities, compliance with any order of any governmental authority, changes of law
etc..
Any Party that is affected by an Event of Force Majeure shall given written notice thereof to the
other Party no later than 15 (fifteen) days following the date of occurrence of the Event of Force
Majeure in question, providing appropriate details thereof. If performance under this Agreement
is delayed as a result of continuation of the Event of Force Majeure, the time allowed to comply
with such obligation shall be extended for as long as the relevant event of Force Majeure causing
such delay or suspension continues. If the Event of Force Majeure continues for a period of (3)
three months, then either Party may suspend the Contract by providing notice to the other Party
and both the Parties shall mutually discuss and agree for the suitable next steps to be taken up.
For such time, the suspension is in force, the Buyer shall provide the equitable extension to the
Seller. In case Parties to the Contract decides to terminate the Contract, Parties to the Contract to
settle their account with each other without any damages or cost. The Seller shall be entitled for
the entire cost of work done. The consequences of termination under this Clause would be
similar to termination at convenience of the Buyer.

“Schneider Electric reserves the right to amend, withdraw or otherwise alter this submission
without penalty or charge as a result of any event beyond its control arising from or due to the
current Covid-19 epidemic or events subsequent to this epidemic / pandemic including changes
in laws, regulations, by laws or direction from a competent authority“.

Applicable Law and Dispute Resolution:

The Contract shall be governed by and interpreted in accordance with the laws of India for every
purpose. The Parties agree that, any and all disputes, claims, controversy or causes of action
(‘Dispute”) which the Parties are unable to resolve for any reason after negotiations, shall be
completely and finally settled by submission of any such Dispute to arbitration under the rules
conciliation and arbitration of The Arbitration and Conciliation Act, 1996 (“IAC”) then in effect. For
resolution of any Dispute, each Party shall appoint one arbitrator and the third arbitrator, who
shall act as Presiding Officer will be appointed by the selected two Arbitrators. Any arbitration
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 proceeding shall take place at New Delhi. The language of the arbitration shall be English. Any
award made by the arbitrators shall be final and binding on the Parties. The Contract shall be
subject to exclusive jurisdiction of appropriate court of New Delhi jurisdiction for the purposes only
of compelling compliance with the above arbitration provisions and for enforcement of any
arbitration award made in accordance with the above provisions.

Statutory Variation in Taxes & Duties:

Offered price is exclusive of any taxes and duties. Any Statutory variation in relation to duties,
taxes and Cess. etc. resulting in increase/decrease in duties and cess etc. or introduction of any
new duties and cess etc. by any Government Authority applicable on sale/ supplies made during
stipulated contract period shall be passed on to the buyer and buyer accepts to bear the same.

Variation/Change Management:

Either Party shall have the right to propose changes to the other Party that are considered
necessary or desirable to improve the quality, efficiency or safety of the works agreed under the
Contract. The change shall be binding upon mutual acceptance by both the Parties in writing. Any
change upto +/- 10% of the Contract Price, may be considered at the agreed Price/ Rates with
necessary time extension. However, in case of any change beyond 10%, the same shall be
subject to acceptance of revised prices and delivery period by the Seller.”

We thank you in anticipation of your valuable purchase order and assure you of our outmost co-
operation and best of services.

For Schneider Electric Infrastructure Ltd,

Y Chandrashekar,
Project manager – DPAC,
Chennai, India.

Schneider Electric Infrastructure Limited

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