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Mahaweli Marine Cement (Private) Limited PO. No.

: 4230000083
413, R. A. De Mel Mawatha, Colombo 03
Colombo 00300 Date : 12.09.2017
117800800

Tax identification no : 104064833-7000


Head office or Branch no : Head Office
Purchase Order
Vendor Code : 1008620 Sale person :
Vendor Name : EKLIT ENGINEERING Your ref. :
ST. MARIE'S MW Our ref. :
WATTALA. 11300 Delivery to :
077-3630002
rantharu@eklit.com

VAT Registration no :
Head office or Branch no : -

We, the Buyer, are pleased to place this purchase order for the following Commodity on the terms and
conditions as stated below and on the reverse page hereof:
Item Description Quantity Unit Unit Price Amount
10 Repairin&Painting of 2 silos roof(10,13) 1 JOB 1,085,280.00 1,085,280.00
10 Repairin&Painting of 2 silos roof(10,13) 2 JOB 542,640.00
Delivery date : 30.11.2017

Total amount 1,085,280.00


LKR ONE MILLION EIGHTY-FIVE THOUSAND TWO HUNDRED EIGHTY ONLY
Additional conditions : The price is exclusive of VAT.
Payment Term : Due 30 days
Down Payment : 0.00 LKR
Bank Detail : Details of Bank name, Account number must be stated clearly in Commercial Invoice
Invoice Address :
SIAM CITY CEMENT (LANKA) LIMITED,
No. 413,R.A. de mel Mawatha,
Colombo 03.

• Payment - 30 days credit,


• Work completion schedule – 1 1/2 Month,
• Retention - 10% of the invoices,
• late completion penalty - 1% of the total order value per day up to 10% maximum
• Defects liability period - 6 months
Buyer's contact person : IROSHAN MILLELAKANDA Mobile Phone :
Requestor : PRASHAN WIJESINGHE Dept. :Projects (RCW) Tel. Phone :

If you experience any cases of fraud or lack of transparency, please call INSEE Speak Up Line +66 2 034 0299 or visit
www.inseespeakupline.com for more information.
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PO. No. : 4230000083

The instructions, specifications, terms and conditions appearing on the face page and on the reverse side hereof, and on any
attachments hereto are made part hereof, to which the Seller agrees by acceptance of this order. When rendering Invoices, list
material, labour, transportation and taxes separately. Invoices not rendered in compliance with the terms and conditions and
instructions on this order may, at the Buyer's sole discretion, be returned without loss of discount time and at the Seller's expense.
The preparation and issuance of this order has been processed electronically under the due Buyer's authorization through the SAP,no
traditional ink signature is required. For accurate documentation administration purpose, please refer the corresponding Purchase
Order No. on every invoice or any other relevant documents, otherwise the payment possibly be delayed. Agreed and Accepted for
and on behalf of the Seller, by:

--------------------
____________________________ | Company |
Name: ____________________________ | Sealed |
Position: ____________________________ --------------------

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PO. No. : 4230000083

Mahaweli Marine Cement (Private) Limited


TERMS AND CONDITIONS OF PURCHASE ORDER
This Purchase Order, hereinafter called PO, issubject to the following terms and conditions: 11. Disputes
1. Specification In case of disputes, the Parties will exert effort toamicably settle prior to arbitration. If any
The Supplier will ensure that the Goods and/or Services delivered to the Buyer is strictly issues,differences, disputes not resolved within 30 days,all such issues, differences,
comply with the agreed Specifications and as per the prevailing industrial norms. disputes whatsoever arising out of or in connection with the order and any way relating
The brief details of specification are described in the PO. thereto shall be referred to Arbitration as prescribed by the local legislation orlaws.
2. Taxes 12. Choice of Law (Jurisdiction) and Ruling Language
The parties agree to comply with prevailing regulations related to taxation. This Purchase Order shall be governed by the law of Sri Lanka. The parties irrevocably and
3. Invoice and Payment unconditionally submit themselves to the exclusive jurisdiction of the competent courts of
Separate invoices may be required for each delivery.Payment of Goods and/or Services will be Sri Lanka. The Parties agree that if there is any different perception between the languages
made against presentation of original invoice and additional invoices as required. Invoices used in this Agreement, English will be the ruling language in this purchase order.
must comply with Sri Lanka’s tax regulations for each component of Goods and/or 13. Compliance with Laws
Services supplied pursuant to the Purchase Order. To ensure efficient processing of payment The Supplier and the Buyer shall comply with alllaws, regulations, orders and requirements of
by Buyer, the following information must be printed or typewritten on all competent authorities in the performance of its obligations under this Purchase Order.
the Seller’s invoice: 14. Binding Effects of Terms and Conditions
I. Number of this Purchase Order The Buyer shall not be bound by any terms and conditions printed on the Supplier’s
II. Date of invoice acknowledgment form or invoices, and other related forms which impose additional terms and
III. Supplier’s name, address, contact number,email address conditions or impose terms and conditions that are inconsistent with the terms and conditions
IV. Supplier’s VAT registered number of this Purchase Order. The Supplier is bound by the terms and conditions of the PO issued
V. Buyer’s Company name and the invoiceshall be addressed to to Siam City by the Buyer and the same is final.
Cement (Lanka) Limited , 413, R. A. De MelMawatha Colombo-03, Sri Lanka. 15. Occupational Health & Safety (OH&S)
VI. If the invoice is VAT payable, it must be a“Tax Invoice”. The Parties hereto shall comply with and observe all the existing and future policies on
VII. The tax component of the Supplier’s pricemust be shown as a separate item in the OH&S. Any breach in this regard, the parties shall be liable and responsible for all
invoice. the consequences and cause including termination of the contract.
The breakdown of the Supplier’s price as to Goodsand services provided, if applicable. 16. Special Terms & Conditions
4. Payment Term Supplier shall strictly comply with the special terms and conditions as specifically agreed
Payment will be made as per the mentioned/agreed payment terms in the purchase order after related to goods/services as per specifications. The terms and conditions of Purchase
delivery of Goods and/or Services on receipt of correctinvoice(s).The payment will be Order shall supersede If parties entered in to a contract for the same scope or additional
made to Supplier after due verification by the authorised person (Buyer’s representative) and scope.
clearing of the same by the Buyer subjectto applicable deductions. 17. Insurance
5. Delivery The Seller shall maintain adequate insuranceincluding, without limitation, public liability,
All the Goods and/or Services in this PO must bedelivered as agreed and in accordance with worker's compensation (including common law liability), automotive and other means of
the PO on or before the delivery date specified in the PO, to the delivery destination specified transportation/freight liability insurance and productdamage insurance upon such terms and
in the PO accompanied by a delivery note stating the date ofissue, Supplier’s details, the for such damage insurance upon suchterms and for the Purchase Order.
Goods and/or Services delivered and the PO details; in good condition and without damage
with copies of relevant engineering details, designs, evidence of compliance with
applicable standards and other documentation reasonably requested by Buyer.
The Supplier should notify in written at once if order cannot be completely executed, stating
reasons and possible date of complete delivery.The Buyer reserves the right to cancel any such
order wholly or partly if delivery is not effected on the date mentioned on the order.
If delivery of Goods and/or Services is failing, the Buyer reserves the right to purchase from
elsewhere and charge the Supplier with any loss incurred thereby.
6. Liquidated Damages (OPTIONAL)
In the event that the Supplier’s failure to perform its obligations under this PO, the Seller
agrees it shall be liable to Buyer for payment of liquidated damages as per the purchase
order or contract entered into.
7. Indemnities
The Supplier indemnifies and keeps indemnified the Buyer for, from or against all liabilities,
proceedings, penalties (whether civil or criminal(except where to recover the same is unlawful
or renders any part of this clause void for publicpolicy reasons)), fines or other sanctions,
judgments,damages, losses, claims, costs and expenses whatsoever and howsoever arising
from or connected with the supply, use, installation orcommission of the Goods and/or
Services by the Buyer or any of the Buyer’s customers or from or connected with any breach
of this PO or any other acts or omissions by theSupplier in connection with its obligations
under the PO(including,without limitation, any breach ofthe Warranties or any Law)
(including also reasonable legal costs and thereasonable costs of other advisers) which may be
suffered or incurred at any time directly or indirectly by the Buyer or which may be suffered,
incurred,made or claimed at any timedirectly or indirectly by, to or against the Supplier.
8. Force Majeure
Where a Party is unable, wholly or in part, byreason for Force Majeure, to carry out any
obligations under the Agreement and that Party:
VIII. Gives the other Party prompt written notice andreasonable particulars of existence of
Force Majeure with all supporting and proofs;
IX. Uses all possible diligence to remove andmitigate the effect of Force Majeure; and
X. Has not caused or contributed to the ForceMajeure, then that obligation is suspended so
far as it is affected by Force Majeure during thecontinuance thereof.
Any costs, losses or savings due to Force Majeureincluding those that resulted from any
suspension of the PO due to Force Majeurewill be borne of the PO due to
Force Majeure will be borne Party incurring or receiving the same.
Where the event of Force Majeure continues for aperiod exceeding 30 calendar days,the
Buyer may, at its sole discretion, terminate this PO without anyfurther liability to the Supplier.
All rights and obligations prior to Force Majeure shall continue and binding.
9. Bribery and Corruption
It is unacceptable if the Supplier, or any of his/hersub-suppliers, agents or servants gives or
offers to give to any the Buyer’s employee or their family any bribe, gift, gratuity,
commission or entertainment as an inducement or reward fordoing or forbearing to do any
action in relation to this PO. Also, it is unacceptable for the Supplier to show or forbear
to show favour or disfavour to any Buyer’s employee or any involvedperson in relation to the
PO with the Buyer. The Buyer may terminate this PO for cause based upon the Supplier’s
failure to comply with this clause and any direct or consequential damage resulting out of
the termination of this PO is in the full liability of theSupplier. In addition, the Supplier shall
ndemnify and hold the Buyer harmless from and against any liability, fine, penalty or damage
resulting from any by the Supplier subject to this clause. The Supplier acknowledges and
confirms that it knows and understands the Buyer’s Supplier Code of Conduct (including
the relevant statements on Anti-Bribery and Corruption, Labour and Environment Conditions)
and that the Supplier accepts and abides by the rules and requirements set out therein.
10. Confidentiality
Unless required under applicable law, thisPurchase Order and related contents are confidential
and either party will not disclosedirectly or indirectly in any manner the contents either full
or in part to any third Party regarding this mutual agreement and the information/data shared
either in hard or soft format without prior written approval from the other Party.
The Supplier acknowledges that it may obtainknowledge of or access to proprietary and
confidential information of the Buyer, and agrees tokeep such information strictly confidential
and not to use that information for any purpose other than fulfilling a Purchase Order.
This clause survives delivery, inspection, acceptance and payment by the Buyer.

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