ULTRATECH CEMENT LIMITED 05.07.

2024
Insulation supply & application work at Nathdwara , Rawan Line-III and Dhule Line-II

Sr. No. Particulars S G INSULATION

1 PAYMENT TERMS
A Supply
10% of Total order value as advance within 15 days against BG of equivalent value. B.G. should be from Nationalised Bank and in case
a NOTED AND CONFIRM
of Private Bank, prior approval to be taken from buyer.
80% on prorata basis alongwith applicable taxes and duties within 45 days from the receipt of material at site with clear documents
after deduction of L/D (Late Delivery). Billing schedule along with the despatch dates to be approved by the Purchaser at least 3
b NOTED AND CONFIRM
months before the commencement of delivery.The BG should be in the purchaser's format. (90% payment shall be released if advance
not paid)
Balance 10% within 45 days after Reconciliation & Completion of all work .contractor to submit performance cum warranty Bank
c Guarantee of 10% of order value valid for defect liability period of 18 months from the date of Installation or 24 months from the date NOTED AND CONFIRM
of last supply .The BG should be in the purchaser's format.
B Erection & Commissioning
a NOTED AND CONFIRM
10% within 15 days against site mobilization and submission of advance bank guarantee. The BG should be in the purchaser's format.
80% against prorata basis alongwith all taxes within 45 days of the submission of the monthly RA bills of erection. Bills shall be
b NOTED AND CONFIRM
submitted every month. (90% payment shall be released if advance not paid)
c Balance 10% within 45 days after reconciliation & completion of all work NOTED AND CONFIRM
2 LD for late delivery (GST extra if Applicable)
In the event of delay in completion of Application work beyond the agreed dates, contractor will pay the LD @ 1.00% of the Total
a NOTED AND CONFIRM
order value (Supply+Erection) per week delay. Max. 10% of Total order value

Defect liability period of 18 months from the date of Installation or 24 months from the date of last supply whichever is earlier.
3 NOTED AND CONFIRM
Performance Bank Guarantee shall remain valid till Defect liability period.
4 TAXES, DUTIES & VARIATION
a GST extra at actual against documentary proof. NOTED AND CONFIRM
You will raise the Tax Invoice in the format prescribed as per GST Laws along with prescribed documents for movements of goods and
b NOTED AND CONFIRM
ensure to upload the required data timely in GSTR-1 and GSTR-3.

c If GST is payable under reverse charge by UltraTech, then same should be mentioned on Invoice by you. NOTED AND CONFIRM

d NOTED AND CONFIRM

In case of any advance payment, you shall raise the necessary document and ensure the compliances as required under GST Law.
e The payment of GST shall be made after matching of Input Tax Credit in the GSTN Portal. NOTED AND CONFIRM

In case of any loss to UltraTech on account of non-compliance from your end e.g. incorrect declaration, failure/delay in deposit,
f failure/delay in upload of transaction, confiscation of goods by Govt. due to improper documents during movement etc. the same shall NOTED AND CONFIRM
be recovered from you along with interest/penalty, if any.
g Where ever applicable, UltraTech shall deduct tax at source under the GST Laws at the rates prescribed. NOTED AND CONFIRM

Variation in above statutory taxes or imposition of any new taxes / levies/ cess on supply items (not on input), within contractual
delivery period shall be in Purchaser's scope against documentary evidence.
-- For imported supplies any taxes and duties applicable in the country of origin will be in contractors account including any variation.

h However, in case of delay beyond agreed completion period for following reasons, the differential taxes, duties etc./ variation / NOTED AND CONFIRM
imposition of new taxes shall be contractor's account.
i not attributable to Purchaser
ii not due to force majeure
iii not due to suspension of work by Purchaser
iv due to suspension of work by contractor
Labour cess under BOCWA (Building and Other Construction Worker's Act), if applicable, shall be paid extra at actual on submission of
i NOTED AND CONFIRM
proof.
Transit insurance: Transit Insurance is in contractor scope & Third party insurance if required is to be taken by contractor as per
5 NOTED AND CONFIRM
requirement to be specified by site.
6 Safety:
a Safety of Machinery & Equipment Will be as per tender document. NOTED AND CONFIRM
b NOTED AND CONFIRM
All standards for process, equipment and Human safety to be followed during design and engineering. contractor to confirm.

Safety: Contractor will strictly follow the safety practices specified by UltraTech ,as per the safety guidelines document sent by
UltraTech along with the tender. In the event of continued failure of the contractor to meet the safety norms prescribed by UltraTech,
c UltraTech reserves the rights to terminate the contract without any liability / claim by the contractor. NOTED AND CONFIRM

will be as per Ultra Tech safety guidelines. (Please refer enclosed PPE annexure)

Material despatch is on DAP site, contractor to ensure that the proper safety measures are taken care by transporter i.e reverse Horn,
d NOTED AND CONFIRM
Head lights, tail lights etc are in working conditions

In case the accident involving the contractors vehicle is caused due to negligence or otherwise either by the contractor' s employee or
e by any workforce engaged by the contractor, then the contractor shall bear for all the cost incurred by UltraTech for such incidents NOTED AND CONFIRM
and UltraTech shall proceed against the contractor for damages.
Contractor shall arrange for the transportation of all required material to the site. contractor shall arrange for proper unloading,
f NOTED AND CONFIRM
stacking storage of material & in-plant handling between designated storage area to the working front.

g contractor shall maintain proper records of incoming material, material stored, material consumed and balance material. NOTED AND CONFIRM

The negotiated Price will be firm till the completion of supplies & execution and escalation on whatsoever account shall not be
7 considered. However, in case of delay beyond six months from end of contractual completion period for the reasons solely attributed NOTED AND CONFIRM
to the purchaser , its implication shall be mutually discussed and agreed upon.
8 Mobilization period: As per enclosed annexure NOTED AND CONFIRM
9 Completion Period: As per enclosed annexure. NOTED AND CONFIRM

Force Majeure:
If at any time during the continuance of this Contract, the performance by either party under this Contract shall be prevented (other
than an obligation of the Purchaser to make payment) by reasons of such as but not limited to any war (whether declared or not),
hostility, acts of the public or enemy, riots, civil commotion, sabotage, fire, flood, earthquake, explosion, epidemic, quarantine
restriction, government act/ legislation, officially declared or proclaimed strikes or relating to the establishment or other acts of God
(hereinafter referred to as “Force Majeure”) then the time for performing those obligations, shall be extended by a period equal to the
effect of such force Majeure, provided notice of happening of force majeure is given by either party to the other within 10(ten) days
from the date of occurrence thereof If the parties foresee that the effect of a Force Majeure occurrence shall last for more than 30
10 days, parties shall discuss and define a method to resolve the difficulties arising there from, including all contractual NOTED AND CONFIRM
obligations.Neither party shall be considered to be in default or in breach of its obligations under the Contract to the extent that
performance of such obligations is prevented by any circumstances of Force Majeure which arise after the date of signing this Contract
Should one or both parties be prevented from fulfilling their contractual obligations by a state of force majeure lasting continuously for
a period of at least 3 (Three) months, both the parties shall consult each other regarding the further implementation of the Contract,
provided always that, if no mutually agreed arrangement is arrived at within a period of 1 (one) month from the expiry of the 3 (Three)
months referred to above, the Contract shall be deemed to have expired at the end of the said 3 (Three) months referred to above.
The above mentioned expiry of the Contract will imply that both the parties have the obligation to reach an agreement regarding the
winding up and financial settlement of the Contract.

Arbitration :
In the event of any question, dispute or difference arising between us regarding the due observance of terms and conditions laid down
in this order or any other matter touching the rights duties and liabilities of the parties, the same shall be referred in Mumbai for
11 determination by three arbitrators, one to be chosen by each party and third arbitrator to be appointed by such appointed arbitrator NOTED AND CONFIRM
before proceedings on the reference in accordance with the provision of the Indian Arbitration and Conciliation Act, 1996 or any other
Amendment or modification thereof for the time being in force. Both the party shall carry out during the course of the arbitration as
may be practicable, their respective responsibility under this order and no payment shall be withheld on account of such proceeds
unless the same is subject matter of the arbitration proceedings.
 Termination of Contract :
Either party, at his option, may terminate the Contract at any time by means of 30 (thirty) days written notice to the other party (the
receiving Party) in the following cases:
1) If the receiving Party shall be declared bankrupt or make any arrangement or composition with his creditors or shall enter into
liquidation or shall suffer the appointment of a receiver or anything equivalent in accordance with the laws of the country where the
receiving Party is incorporated.
2) In case of material breach of Contract by the receiving Party of such obligations under this Contract, which are not subject to
12 NOTED AND CONFIRM
another right or remedy of the other Party
3) In case the receiving Party has assigned the Contract to a third party without the prior written consent of the other Party.
The receiving Party shall have 30 (thirty) days, as of its receipt of the termination notice, to respond and take action for removal the
default or the event which has caused such termination notice to be given by the other Party in which case the termination notice so
given will cease to be in effect. Otherwise this Contract will be terminated at the expiry of said 30 (thirty) days period.
In case of substantial breach of Contract, it shall be lawful for the party claiming breach by the other party, to terminate the Contract
forthwith without prejudice to any rights, which may have accrued there under, to either party prior to such termination. Either party
shall have the right to claim damages suffered by it on account of pre mature termination of the contract such as, extra cost of
completing the balance work, dues if any etc.
13 All other clauses as per the tender document NOTED AND CONFIRM

14 Legal Matter:-The order shall in all respect to be subject to the jurisdiction of court of Respective district. All dispute arising out of or in NOTED AND CONFIRM
any way connected with this order shall be deemed to have arisen at Respective district shall have jurisdiction to determine the same.
15 Special Conditions

1 The quantity mentioned in the price sheet is tentative and will have a variation of +/- 20 % however billing will be done at actual NOTED AND CONFIRM
quantity of work done based on measurement of actual finished surface area of insulation for supply and application both.
2 Power for construction & site office-Please refer attached Annexure NOTED AND CONFIRM
3 Water construction and Site office-Please refer attached Annexure NOTED AND CONFIRM
4 Labour colony accommodation-Please refer attached Annexure NOTED AND CONFIRM
Land will be provided for stores in plant premises, water & electricity will be provided at nearest location balance arrangement is in
5 NOTED AND CONFIRM
contractors scope, security of the store is in contractors scope
6 Lodging /Boarding , local conveyance , To and Fro Travel in Contractor's Scope NOTED AND CONFIRM
7 All material and services shall be provided as per guidelines of safety manual provided by UltraTech NOTED AND CONFIRM
8 All statutory Government obligations will be in Contractor's scope. NOTED AND CONFIRM
Labour - All Govt. rules, permissions will be taken by contractor like minimum wages, insurance, PF, labour contract laws, ESI(if
applicable shall be paid extra) ,etc. For all statutory obligation & payments, there will not be any separate reimbursement for PF,
9 NOTED AND CONFIRM
Leave, Paid Holidays, insurance, Bonus etc. which may be applicable to workmen. Periodically Proof of payment of PF/any other
documents required by site related to labours shall be submitted by the contractor .
10 Erection crane, Tools & Tackles to be arranged by Contractor NOTED AND CONFIRM
11 Necessary tools and tackles for completion of the job to be arranged by Contractor NOTED AND CONFIRM
12 Third party insurance if required is to be taken by contractor as per requirement to be specified by site. NOTED AND CONFIRM
All scaffolding material shall be in Contractor's Scope and scaffolding installation, erection & dismantling shall be in Contractor's
13 scope as stipulated in the technical annexures. Scaffolding material specification shall be as per UltraTech safety standard and safety NOTED AND CONFIRM
manual.
14 NOTED AND CONFIRM
The Contractor shall take sufficient care to minimise the wastage of free issue materials / services during erection/application.
Source of Aluminium Sheet: Hindalco / BALCO
15 NOTED AND CONFIRM
LRB Mattress: Rockwool India / Lloyd / Own Manufacturer
16 NOTED AND CONFIRM
Measurement: All measurement shall be as per actual finished surface area and IS measurement code shall not be applicable.

Covid Guidelines: All covid related expenses in contractors account.

1) All the workmen must carry Covid-19 negative test certificate while reporting to site (test report should not be older than 72 hours
from the time of reporting site). All workers and staff having Covid 19 vaccinated both doses only will be allowed.
20 In case of any contract labour found Covid symptoms, immediately he should be isolated and quarantined . Contractor Should
17 NOTED AND CONFIRM
inform UltraTech representative.
3) Continuously wearing the mask, maintaining social distancing, and frequently sanitizing our hands to maintain a safe workplace
environment for all our colleagues.

Implementation of first three point depend on Circumstances and COVID Condition.

22 Other clauses which are not mentioned above shall remain as per tender NOTED AND CONFIRM