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BHARAT ALUMINIUM COMPANY LIMITED

PLANT II,
P.O - BALCO NAGAR, KORBA
CHATTISHGARH, INDIA - 495684

HINDUSTAN FOUNDRY & ENGG WORKS Purchase order


10,INDUSTRIAL AREA, PO number/date
RAJGAMAR ROAD 6500016884 / 18.09.2010
KORBA 495677 Purchasing group/Description/Telephone No.
P37/P2-PotRoom
Service/07759-240519

PR No./PR Date
Please deliver to: 3000034092 / 26.08.2010
Bharat Aluminium Company Limited, Requistioner Name
Plant II, SUKHMEET
P.O - Balco Nagar, Korba, Your vendor number with us
Chattishgarh, India - 495684 100206
Telephone No:07759-240519
Email:Sonal.Pandey@vedanta.co.in
Delivery Date: 20.10.2010
This Purchase order is subject to the terms & conditions mentioned in the annexure enclosed.

Header text
E NFA DOCUMENT NO : 4130 ,DATED : 17.09.2010 .
______________________________________________________________________
Item Material Description Order qty. Unit Del Date
Rate Net value
______________________________________________________________________

00010 10052036 PIPE,SUCTION,BEND,SHF-6TZKB-182-10


10 Number 20.10.2010
4,000.00 40,000.00

Material PO text
SUCTION PIPE (BEND) AS PER P/N:SHF-6TZKB-182-10
Material- Heat Resistant Cast-Iron with Chemical Composition
C = 2.3-2.8%
Si = 4.5-5.2%
Mn<= .5%
P <= 0.1%
S <= 0.2%
and Dynamic Property:
Tensile strength >= 75 Mpa under 900 deg C &
Tensile strength >= 167 Mpa under 800 deg C

00030 10052038 PIPE,SUCTION, ACUTE,DW:SHF-6TZKB-182-8


10 Number 20.10.2010
3,900.00 39,000.00

Material PO text
PIPE,SUCTION, ACUTE,MATERIAL:STAINLESS STEEL-321,DW:SHF-6TZKB-182-8,
HARDENING AND HEAT TREATMENT REQUIRED AFTER CASTING
Material- Heat Resistant Cast-Iron with Chemical Composition
C = 2.3-2.8%

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BHARAT ALUMINIUM COMPANY LIMITED
PLANT II,
P.O - BALCO NAGAR, KORBA
CHATTISHGARH, INDIA - 495684

HINDUSTAN FOUNDRY & ENGG WORKS PO number/date


KORBA 495677 6500016884 / 18.09.2010

______________________________________________________________________
Item Material Description Order qty. Unit Del Date
Rate Net value
______________________________________________________________________
Si = 4.5-5.2%
Mn<= .5%
P <= 0.1%
S <= 0.2%
and Dynamic Property:
Tensile strength >= 75 Mpa under 900 deg C &
Tensile strength >= 167 Mpa under 800 deg C
______________________________________________________________________

Total net value excl. tax INR 79,000.00

Summary
Basic Price INR 79000.00

Excise Duty INR 8137.00


VAT INR 4357.00
Total Payable to Vendor INR 91494.00
Quotation Reference
RATES ARE AS PER YOUR EARLIER PURCHASE ORDER NO : 6500016138 ,DATED :
01.07.2010 .
Purchase Requisition
P.R. NO : 3000034092 ,DATED : 26.08.2010 .
Price Basis
FIRM PRICE
Delivery Condition
F.O.R. BALCO STORES ,SMELTER PLANT II .
Packing & Forwarding
NIL .
Excise Duty
EXTRA AS MENTIONED ABOVE @ 10.30% , HOWEVER EDGP SHALL BE PROVIDED TO
AVAIL MODVAT .
Sales Tax
VAT EXTRA AS MENTIONED ABOVE @ 5% , VAT INVOICE SHOULD BE PROVIDED .
Delivery
BY DATED : 20.10.2010 .
Freight
INCLUSIVE .
Liquidated Damages
DELIVERY TIME IS THE ESSENCE OF CONTRACT.DELIVERY BEYOND CONTRACTUAL
DELIVERY TERMS SHALL ENTALL LIQUIDATED DAMAGES (LD)@ 0.5% OF TOTAL
ORDER VALVE.FOR DELAY PER WEEK SUBJECT TO MAXIMUM OF 5% OF TOTAL ORDER
VALVE.
Payment Terms
100% PAYMENT WITHIN 30 DAYS AFTER RECEIPT AND ACCEPTANCE OF MATERIAL
AT OUR SITE.
Inspection
AT OUR SITE .
Special Instructions
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BHARAT ALUMINIUM COMPANY LIMITED
PLANT II,
P.O - BALCO NAGAR, KORBA
CHATTISHGARH, INDIA - 495684

HINDUSTAN FOUNDRY & ENGG WORKS PO number/date


KORBA 495677 6500016884 / 18.09.2010

(1)MATERIAL & ORIGINAL INVOICE TO BE DELIVERED TO : MANAGER


STORES
SMELTER PLANT II
P.O. : BALCO NAGAR
KORBA (C.G.)

(2)PLEASE NOTE THAT WITHOUT ORIGINAL FOR BUYER & DFT ,MATERIAL WILL
NOT BE ENTERED IN PLANT .
(3)PLEASE INSURE BELOW MENTIONED CLAUSES IN YOUR DFT OTHERWISE ,IN
CASE OF NONAVAILBILTY OF SAME CLUSES ,BALCO WILL DEDUCT THE ED AMOUNT
FROM TOATAL PAYBLE AMOUNT ,BECAUSE DUE TO THAT BALCO CAN NOT AVAIL
MODVAT .
CLAUSES FOR DFT - -

"The following information should appear on all Input Excise Invoices:


A. CORRECT ADDRESS AND ECC NO.
B. PROPER DESCRIPTION OF THE GOODS, CODE NOS IN PLACE OF DESCRIPTION
IS NOT ACCEPTABLE. IT IS NOTICED THAT BY SOME OF THE MANUFACTURERS
HAVE MENTIONED FACTORY GENERATED CODE NOS ALLOTED TO GOODS/PARTS ON
THE INVOICES INSTEAD OF SPECIFIC DESCRIPTION OF THE PART/S BEING
CLEARED.
C. PROPER TARIFF CHAPTER SUB HEAD IN 8 DIGITS.
D. DATE AND TIME OF ISSUE & DATE AND TIME OF REMOVAL.
E. VEHICLE REGISTRATION NO BY WHICH GOODS ORIGINALLY REMOVED FROM THE
FACTORY.
F. RATE OF DUTY.
G. ACTUAL QTY AND VALUE OF THE GOODS AND DUTY PAYBLE THERE ON.
H. DFT COPY OF EXCISE INVOICE, IF DFT COPY IS LOST CENVAT CAN BE
AVAILED ON OFB COPY ALONG WITH FIR.
I. MENTION THE CORRECT MANUFACTURER/SUPPLIERS DETAILS i.e. ASS. VALUE,
EXCISE DUTY etc.Correct manufacturer/suppliers details are required to
avail cenvat credit.

General Terms and Conditions of Purchase - Domestic

1. PACKING
a) The Contract Price is inclusive of Packaging charges. All items of Equipment shall be carefully and properly packed for movement by
sea/rail/road transport and to withstand damages on account of inclement weather, rough handling etc. The packing shall allow for easy
removal and inspection at site. Special precaution shall be taken to prevent rusting of steel and iron parts during transit.
b) Any damage or loss to the Equipment or deterioration in the quality of Equipment during transport due to faulty protection or insecure
packing shall be to the Supplier's account.
2. VAT CONDITIONS
All invoice for VAT purpose must indicate:
a) Serial No.
b) TIN No.
c) Complete Name and Address of BALCO i.e. "Bharat Aluminium Company Limited" not Manager Stores/Comm.

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BHARAT ALUMINIUM COMPANY LIMITED
PLANT II,
P.O - BALCO NAGAR, KORBA
CHATTISHGARH, INDIA - 495684

HINDUSTAN FOUNDRY & ENGG WORKS PO number/date


KORBA 495677 6500016884 / 18.09.2010

d) Tax Rate and Tax Amount shall be separately indicate.


e) Material Description as per P.O.

3. EXCISE CLAUSE
ORIGINAL DFT (DUPLICATE FOR TRANSPORTER) IS MANDATORY ALONG WITH CONSIGNMENT.
As per Central Excise Rule following information are required in an Excise Invoice.
The Invoice shall be serially numbered and shall contain the name of Buyer and Consignee, Registration Number, Description, Classification,
Time and Date of removal, Mode of Transport and Vehicle Registration Number, Rate of Duty, Quantity and Value, of goods and duty payable
thereon. The serial number shall commence from 1st April every year [beginning of a financial year].
The serial number can be given at the time of printing or by using franking machine. Hand written/typed serial number shall not be accepted .
In case of computer-generated invoice, the serial number may be allowed to be generated and printed by computer at the time of preparation
of invoice ONLY IF the software is such that the computer automatically generates the number and same number cannot be generated more
than once.
The following information should appear on all Input Excise Invoices:
A. THE INVOICE MUST CONTAIN VEHICLE REGISTRATION NUMBER.
B. CORRECT ADDRESS AND ECC NO.
C. PROPER DESCRIPTION OF THE GOODS, CODE NOS IN PLACE OF DESCRIPTION IS NO ACCEPTABLE.
D. PROPER TARIFF CHAPTER SUB HEADS IN 8 DIGITS.
E. DATE AND TIME OF ISSUE & DATE AND TIME OF REMOVAL.
F. VEHICLE REGISTRATION NO BY WHICH GOODS ORIGINALLY REMOVED FROM THE FACTORY.
G. RATE OF DUTY.
H. ACTUAL QTY AND VALUE OF THE GOODS AND DUTY PAYABLE THEREON.
I. DFT COPY OF EXCISE INVOICE, IF DFT COPY IS LOST CENVAT CAN BE AVAILED ON OFB COPY ALONG WITH FIR.
J. MENTION THE CORRECT MANUFACTURER/SUPPLIERS DETAILS i.e. ASS. VALUE , EXCISE DUTY ETC. Correct
manufacturer/suplliers details are required to avail cenvat credit.
Without above information on the Excise Invoices shall be treated vague.

4. SUPPLIER'S WARRANTIES & REPRESENTATIONS


The Supplier hereby, warrants and represents that:
a) The design of all items of the Equipment shall be strictly in accordance with the agreed specifications and capable of accomplishing the
performance guarantees.
b) All items of Equipment shall be brand new and unused and will comply with relevant specifications, drawings and assurances given by the
Supplier.
c) All items of equipment will be of first class workmanship and high quality and appropriate materials and in conformity with internationally
accepted standards and Engineering practices.
d) All items of Equipment under normal conditions at site would be free from design and manufacturing defects or defects in materials and
workmanship.
e) The Equipment supplied does not infringe any third party intellectual property rights.
f) During the aforesaid warranty period, Supplier shall, at our own expense, promptly repair and make good or replace free of cost to Purchaser
at Site any item of the Equipment or Equipments:
I) Which may not comply with the specifications or the representations and warranties made; or
II) Which may be of defective or incorrect design; or
III) Which under normal and proper use and maintenance proves defective in workmanship or materials.
IV) Which does not attain the minimum performance parameters.

5. REJECTION OF MATERIALS
1. REJECTION OF GOODS.
Rejected Goods: Any rejected Goods/Lots shall be removed by the supplier at his own cost and risk, from purchaser within 20 days of being
intimated and supplier should arrange to provide alternate supplies within the same period. In the event of faliure to meet this deadlines,
purchaser reserves the right to procure the equivalent material from the open market and recover 1.3 times the amount from the supplier.
2. RETURN OF REJECTED GOODS.
The rejected goods shall be at the supplier's risk from the date of rejection (date of notice for rejection of goods) and the purchaser shall not be
liable for any shortages or quality detarioration of any kind under any circumstances, whatsover. The supplier hereby undertakes and agrees

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BHARAT ALUMINIUM COMPANY LIMITED
PLANT II,
P.O - BALCO NAGAR, KORBA
CHATTISHGARH, INDIA - 495684

HINDUSTAN FOUNDRY & ENGG WORKS PO number/date


KORBA 495677 6500016884 / 18.09.2010

that if he fails to take back the rejected goods within 30 days of being intimated or date of notice (whichever is earlier), then all his rights
relating to the rejected goods are waived of and purchaser shall be at liberty to dispose of the rejected goods at his sole descrition without any
further intimation/notice to the supplier. In case of Road Permit Form if applicable, is to be sent to us immediately upon receipt of Rejection
Intimation Notice.
3. The Rejection Intimation Notice will be sent through either mail /courier for your further course of action.

6.SUPPLIER'S OBLIGATIONS/LIABILITIES

a) Neither this Purchase Order, nor any right or obligation hereunder may be assigned, in whole, or in part, by the Supplier without the prior
permission of Purchaser.
b) All the Confidential information or data supplied by Purchaser to the Supplier in connection with this Purchase Order being provided by the
Supplier shall remain the property of Purchaser or its licensors. If the Confidential Information is disclosed by the Supplier to an unauthorized
third party, the Supplier agrees to indemnify Purchaser from and against the same.
c) The sole responsibility of the performance of the sub-contractor rests with the Supplier and the Supplier shall be liable for any work done by
its sub-Contractors, agents, employees or officials. However, Purchaser reserves the right to claim damages and enforce rights on the
sub-contractor solely or jointly with the Supplier but such enforcement will not absolve the Supplier from any liability.
d) Indemnify the Purchaser from and against all actions, suits and proceedings by the third party for the acts/omissions of the Supplier and all
costs, charges, expenses, losses, damages, duties, taxes, penalties, levies, and all other liabilities which the Purchaser may be liable to pay,
incur or sustain as a result of performance or non performance, observance or non observance by the Supplier of any of the terms and
conditions of this Purchase Order.
e) If the Supplier fails to deliver the Equipment the Supplier shall indemnify the Purchaser for all losses/ damages suffered by the Purchaser.
The Purchaser shall be at liberty to purchase the equipment from any other supplier at risk and cost of Supplier.
f) If the performance of the Equipment is not satisfactory during Warranty period, Purchaser shall be entitled to extend and/or encash the
Performance Bank Guarantee.
g) Compliance with all the applicable laws and regulations and advise the Company regarding, Compliances, if any to be made by the
Company.
h) Purchaser shall, without prejudice to its other rights be entitled to deduct/ adjust from any dues payable to the Supplier or any security, all
amount(s) which the Purchaser may be liable to pay, incur or sustain as a result of the performance or non-performance, observance or
non-observance of any of the terms of this Purchase Order by the Supplier.

7.ENTIRE PURCHASE ORDER


a) This Purchase Order and General Terms and Conditions constitute the entire Agreement between the Parties with respect to the subject
matter hereof. It sets forth all intended rights and obligations and supersedes any and all previous Purchase Orders and agreements between
them with respect to the subject matter hereof.
b) To be effective, any modification of the terms and conditions of this Purchase Order shall be in writing and signed by authorised
representatives of both Parties.
c) Notwithstanding the date of execution of this Purchase Order, the Supplier shall be liable for fulfilling its obligations under this Purchase
Order within the time stated in this Purchase Order.
d.Liquidated Damage (L.D.) / Price reduction Schedule (P.R.S.) and
Risk Purchase due to Delayed Delivery:- The delivery mentioned in the order shall deemed to be the
essence of contract. In case of delay in delivery beyond the date of delivery stipulated in the order purchaser may at his option either:-
1) Accept delayed delivery at the prices reduced by a sum equivalent to one half percentage (1/2 %) of the total value of order for every week
of delay or part thereof, limited to 5% of the total order value.
2) Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account and risk and cost of seller, without
prejudice to its right under(1) above in respect to goods delivered.
e.FORCE MAEJURE
1) If any time during the continuance of this Purchase Order the performance in whole or in part by either Party or any obligation under this
Purchase Order shall be prevented or delayed by reason of governmental decision, war, hostilities, act of the public enemy, civil commotion,
sabotage, fire, flood, explosion, epidemics, quarantine restrictions, or any other event beyond the reasonable control of the Party concerned
(hereinafter referred to as "the eventuality"), then notice of such eventuality shall be given by the affected Party to the other within seven (7)
days from the date of occurrence thereof.
2) If the performance in whole or part of any obligation under this Purchase Order is delayed by reason of any such eventuality for a period
exceeding one (1) months, the parties shall meet and review in good faith the desirability and conditions of terminating this Agreement.

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BHARAT ALUMINIUM COMPANY LIMITED
PLANT II,
P.O - BALCO NAGAR, KORBA
CHATTISHGARH, INDIA - 495684

HINDUSTAN FOUNDRY & ENGG WORKS PO number/date


KORBA 495677 6500016884 / 18.09.2010

8. TERMINATION
a) This Purchase Order shall be terminated by Purchaser without any prior notice and without any compensation under the following
Circumstances:
i) Supplier has becomes insolvent; or
ii) Supplier has been convicted of any crime which in Purchaser's reasonable judgment is likely to adversely affect the goodwill of Purchaser;
or
iii) Any failure by the Supplier to comply with any of the provisions of the Purchase Order; or
iv) Failure of Supplier to deliver as per agreed time schedule; or
v) Supplier assigns the Purchase Order to any third party without the consent in writing of Purchaser; or
vi) If any of the representations of the statements etc. made by the Supplier in connection with this Purchase Order are incorrect or are
found to be incorrect.
b) The termination by Purchaser for reasons stated above shall be without prejudice to other remedies that are available to Purchaser under
this Purchase Order and/or Law.

9.WAIVER OF RIGHTS
No forbearance, delay or influence by Purchaser in enforcing any of the provisions of this Purchase Order shall prejudice or restrict the rights of
Purchaser nor shall any waiver of its rights operate as a waiver of any subsequent breach and no rights, powers, remedies herein conferred
upon or reserved for Purchaser is exclusive of any other right, power or remedy available to Purchaser and each right, power or remedy shall
be cumulative. Any time concession or indulgence granted or shown by Purchaser to the Supplier as regards any of the terms of the Purchase
Order will not prejudice Purchaser's rights under this Purchase Order.

10. SEVERABILITY
If any of the terms and conditions of this Purchase Order shall become unenforceable for any cause or reason whatsoever, the ensuing lack of
enforceability shall not affect the other provisions hereof, and in such event the parties hereto shall endeavour to substitute forthwith such other
enforceable provision as will most closely correspond to the legal and economic contents of the said terms and conditions.

11. NOTICES
All notices under this Purchase Order shall be in writing and in English Language. All notices be served, either by hand delivery or by send by
the same by registered post addressed to either party at the last known place of business or by facsimile and in providing the services of such
notice, it shall be sufficient to show that the same has been received in person or property addressed by registered post.

12. ARBITRATION & JURISDICTION


a) In the event of any dispute arising out of the performance or the interpretation of this Agreement, the Parties hereby agree to make every
effort to reach an amicable settlement.
b) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled
by reference of dispute to Sole Arbitrator to be appointed by the Chief Executive Officer and Whole Time Director or the Chief Executive Officer
of the Company. The Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall
be Korba, Chattisgarh. The language used in arbitral proceedings shall be English.
c) This is also agreed between the parties that where the party invoking arbitration is the contractor, no refrence of arbitration shall be
maintainable unless the contractor furnishes to the satisfaction of the company or its authorized officer, a security deposit of the sum
determined according to the details given below, and the sum so deposited shall, on the termination of the arbitration proceedings be adjusted
against the cost, if any awarded by the arbitraitor against the claimant party and the balance remaining after such adjustment or in the
absence of any such cost being awarded, the whole of the sum will be refunded to him within one month (without interest) from the date of the
award:
Amount of Claim Rate of Security Deposit
1. For claims below Rs. 1,00,000 5% of the amount claimed.
2. For claims of Rs. 1,00,000 and above and below Rs. 1,000,000 7.5% of the amount claimed.
3. for claims of Rs. 1,000,000 and above 10% of the amount claimed.
d) The arbitrator shall have power to order and direct either of the parties to abide by observe and perform all such directions as having
regarding to the matters in difference i.e. dispute before him. The arbitrator shall have all the summary powers and may take such evidance
oral or documentary, as the arbitrator in his absolute direction thinks fit and shall be entitled to exercise all powers under the Arbitration And
Conciliation Act 1996.

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BHARAT ALUMINIUM COMPANY LIMITED
PLANT II,
P.O - BALCO NAGAR, KORBA
CHATTISHGARH, INDIA - 495684

HINDUSTAN FOUNDRY & ENGG WORKS PO number/date


KORBA 495677 6500016884 / 18.09.2010

c) This Agreement shall be construed in accordance with and governed by the laws of India, excluding its conflict of law provisions. The
parties hereby expressly irrevocably agree to submit to the exclusive jurisdiction of the courts in Korba, Chattisgarh, India.

13. MANDATORY VEHICLE DOCUMENTS


The driver should carry all the original documents along with the vehicle (like: Driving Licence, RC Book, Insurance Paper) otherwise they
should take the attestation from the Gazetted Officer in the Xerox copy and saying that it shall be treated as a original.

Please acknowledge the receipt of this Purchase order .


E-mail id: Sonal.Pandey@vedanta.co.in

For Bharat Aluminium Company Limited

Prepared/Checked by Authorized Signatory

This order shall be governed by the laws of India and shall be executed at Korba. Disputes if any that cannot be
settled by mutual discussion,shall be settled in courts having jurisdiction over Korba

To ensure timely payment, please send the Origianl Invoice with all details to Stores Department-BALCO Plant II,
seperately by Courier/Post. Please also attach copy of the Invoice with the document being sent along with the
consignment.
______________________________________________________________________

TIN NO. 22704603120 ECC Code No: AAACB 1290 NXM002


CST NO. BIL/IIKTGO/199(Central) Dt. 15.11.1979 Tel. No.:+91 7759240519.Fax: 07759 240186
MPCT NO. BIL/II/KTGO/480(Provincial) Dt. 15.11.1979 E-mail :purchase.balco@vedanta.co.in
______________________________________________________________________

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