Special Terms and Conditions of RFQ for Imports

SECIAL TERMS AND CONDITIONS OF RFQ

1.0 COMMUNICATION:

All communications, correspondence and documentation requested in this purchase shall be

addressed as follows:

Buyer:
Bulli Abbayi Nekkanti
Procurement & Contracts
Reliance Industries Ltd – Operator,
Admin & Learning Centre, 1st Floor,
Infra Area, Gadimoga Village,
East Godavari Dist - 533463.
Andhra Pradesh
Mobile: +91 9989244136
Direct: +91 884 2976034
Email: bulli.nekkanti@ril.com

You are requested to Confirm Dispatch details on dispatch of goods.

2.0 DEFINITIONS:

2.1 The term SELLER as used herein shall encompass such terms as Vendor, Supplier,
Manufacturer, Bidder or Subcontractor as used in documents referenced herein or attached
hereto.

2.2 The term BUYER as used herein shall encompass such terms as Reliance, Purchaser or
Customer as used in documents referenced herein or attached hereto.

3.0 SCOPE OF SUPPLY AND PRICING:

This enquiry is for supply of items as per the specifications in SAP RFQ.

SELLER agrees that the price(s) stated in RFQ shall be firm and not subject to any price
adjustment or escalation during currency of the Purchase Order.

4.0 DELIVERY TERM( S) AND DATE (S) & TRANSIT INSURANCE:

The price basis of this supplies shall be on CIP Chennai Airport/ Sea Port / HSS in case of
Indian vendors for import items., India as per Inco-terms 2010
Seller shall deliver Goods at RIL Site, Gadimoga no later than mutually agreed delivery schedules.
Seller may deliver earlier than the dates specified subject to mutual agreement between Buyer and
Seller.
The transit insurance is under RIL scope. Seller has to furnish the dispatch details of the
consignment one day in advance to the Buyer through E-mail.

5.0 TAXES & DUTIES:

Customs duty NIL against EC, for that invoice and packing shall be submitted in advance 4 weeks
prior to shipment for RIL for EC processing.

GST @ 5% is applicable, which be in RIL account.

Buyer GST No. : 37AAACR5055K2Z5

 Special Terms and Conditions of RFQ for Imports

Goods procured (both domestic and imported) for petroleum operations or CBM operation by
Company or its contractors shall qualify for concessional GST vide notification No.3/2017-Central
Tax (Rate), 3/2017-Integrated Tax (Rate), 3/2017-Union Territory Tax (Rate) dated 28.6.2017

In order that, Buyer may benefit from special agreements related to Tax and Customs Duty
exemption in India, Seller shall provide the necessary shipping documents strictly in accordance
with Buyer’s instructions. Seller shall bear the costs of any remedy which may require as a
consequence of Seller’s failure to adhere to Buyer’s instructions.

Furthermore it is intended that Buyer shall make special or particular arrangements relating to the
financing of the Project. Buyer may require Seller to produce certain documentation in relation to
the Project financing arrangements, and Seller shall comply with any reasonable instructions of
Buyer in this regard.

6.0 INVOICING INSTRUCTIONS:

Invoices shall cover only items or portions thereof actually shipped. Any duties, penalties or fines
resulting from incorrect invoicing will be to the account of Seller.

All invoices should be serially number and shall contain the following details
 Purchase Order NO. & Date.
 Exact schedule in Purchase Order to which invoice relates.
 Seller’s GST registration numbers and effective date of such registration number (if
applicable).
 The word “TAX INVOICE” should be prominently printed in all copies of the invoice
 Date and Time of sale.
 Sales Tax (GST) rate and amount.
 The address on all the bills shall be the Site address as given below:
However, the copy of all the bills shall be submitted at Buyer’s address as given below:

Reliance Industries Limited-Operator,

Accounts Payable, 1st Floor
Admin & Learning Centre
Infra Area, Gadimoga Village,
Tallarevu Mandal, East Godavari Dist. – 533 463
Andhra Pradesh
Attn: Mr. S.Sudhir / Ph : +91 884 2977506

7.0 PACKING & FORWARDING:

Charges towards packing and, forwarding and loading at SELLER’S/ SUB SELLER’S warehouse
are included in total order value.

Seller shall ensure that Goods are securely packed and protected for shipment in accordance with
Buyer’s Shipping and Packing Instructions and with due consideration of the modes of transport
likely to be used up to arrival at the final Site, as well as the possibility of rough handling,
turbulence in transit, poor quality roads, and similar adverse conditions.

8.0 TRANSPORTATION:

Transportation Charges is included in the basic prices of Purchase Order. Goods to be delivered to
CIP Chennai Airport/Sea Port

9.0 SITE LOCATION

Reliance Industries Ltd - Operator
Survey No: 812, Gadimoga Village,
Tallarevu mandal,East Godavari District, AP-533 463
 Special Terms and Conditions of RFQ for Imports

10.0 VARIATION IN TAXES, DUTIES & LEVIES

10.1 The Total Order Value shall be adjusted on account of any variations in statutory levies
imposed by Competent Authorities by way of fresh notification(s) within the stipulated delivery
period only. However, incase of reduction in taxes, duties and levies after the stipulated delivery
period, the benefits of the same shall be passed on to the BUYER.

10.2 No other taxes, duties & levies other than those specified above will be payable by BUYER
except in case of new levies, taxes & duties imposed by the Competent Authorities by way of fresh
notification(s) subsequent to the issue of PURCHASE ORDER but within the stipulated delivery
period.

10.3 Notwithstanding what is stated above, changes in taxes, duties & levies shall be applied only
to the portion of PURCHASE ORDER not executed on the date of notification by Competent
Authority. Further, changes in taxes, duties & levies after due date of Delivery shall not affect
PURCHASE ORDER Terms and Value.

11.0 TAXES & DUTIES ON RAW MATERIALS & BOUGHT OUT COMPONENTS

11.1 Taxes & Duties on raw materials & bought out components are included in total Order Value
and are not subject to any escalation or variation for any reason whatsoever.

12. QUALITY SURVEILLANCE :

Seller shall appoint at Buyer’s expense a reputable and professional independent third party
inspection company to perform the Quality Surveillance activities identified in Buyer’s Quality
Systems Requirements. Buyer may monitor the performance of the inspection company and Seller
shall promptly remedy any deficiency identified by Buyer.

13.0 RETURN OF REJECTED GOODS:

13.1 Buyer shall have the right to return to Seller any material or GOODS delivered in Error, or
rejected Goods, at Seller’s cost and risk.

13.2 All rejected GOODS shall be taken back by SELLER within 7 days of intimation of rejection
by BUYER. Rejected GOODS shall be at Seller’s risk from the time of rejection and BUYER shall
not be liable for any shortages or quality deterioration on any account.

13.3 BUYER at its sole discretion shall have the option to dispose the material or GOODS so
rejected and not taken back within forty-five days from the date of intimation of rejection.

14.0 DELIVERY AND LIQUIDATED DAMAGES FOR DELAY:

If Seller fails to supply the Goods in accordance with the agreed delivery schedule, Buyer may
recover from Seller for every instance of delay, as liquidated damages, a sum equal to 1% (one per
cent) of the Purchase Order Value of undelivered portion Goods, per week of delay or part thereof,
provided that the total aggregate liability of Seller under this clause for any and all delays in the
supply of the all Goods shall not exceed 10% (ten percent) of the Total Purchase Order Value of
undelivered Goods.

15. WARRANTY PERIOD :

The materials ordered are warranted for a period shall be 18 months after the receipt of
materials/12months after installation. However supplier shall submit all the relevant TC’S and
warranty certificates and all relevant material compliance and interchangbility certificates along
with the material if any.

16. PERFORMANCE SECURITIES :

 Special Terms and Conditions of RFQ for Imports

SELLER shall submit Standby Letter of Credit in the format acceptable to the OWNER, for
10% of the basic value, valid for warrant period / Defects Liability period.

17.0 PAYMENT TERMS:

Payment shall be made within 30 days of receipt of material or correct invoice Submitted in
accordance to clause 6.0 which ever is the later.

18.0 ORDER OF PRECEDENCE :

This PURCHASE ORDER is intended to be interpreted as a consistent and compatible whole. If,
however, an unintentional ambiguity or conflict is discovered to exist between separate provisions
contained herein, BUYER and SELLER agree to resolve such conflicts by application of the
commercial order of precedence shown below.
1. Any amendments to the Purchase Order
2. Purchase Order
3. Terms & Conditions.

19.0. FREIGHT & INSURANCE :

The above material shall be dispatched to RIL Site, Gadimoga, AP through a reputed Cargo on
"DOOR DELIVERY" & FREGIHT PAID" basis only. The cost towards freight shall be reimbursed at
actual.

20. Anti Corruption Law:

“Anti-Corruption Law” means:

(i) the OECD Convention;

(ii) the FCPA;

(iii) the following United Kingdom laws, as may be amended and supplemented
from time to time:

(a) the Public Bodies Corrupt Practices Act 1889;

(b) the Prevention of Corruption Act 1906;

(c) the Prevention of Corruption Act 1916;

(d) the English common law offence of bribery;

(e) the Bribery Act 2010 (following its entry into force) and any regulations
or guidance issued pursuant to such legislation; and

(iv) the Prevention of Corruption Act, 1988 and, in relation the offence of
abetment, the Indian Penal Code, 1860, each of the Republic of India,

and, in the event that a person or any of its Associated Persons is outside the
jurisdiction or scope of any such law, such law shall nevertheless be interpreted
as if it applies to such person or Associated Person, as the case may be, as though
such person or Associated Person were within the jurisdiction and scope of such
law provided, however, that this should not be construed to submit such person
or its Associated Persons to the jurisdiction of these laws;
 Special Terms and Conditions of RFQ for Imports

“Associated Persons” means in relation to a Party or any Government Official, any

person who is relative, agent, servant or representative of director, officer, employee,
agent or contractor of such person.

“FCPA” means the Foreign Corrupt Practices Act of the United States of 1977, as
amended by the Foreign Corrupt Practices Act Amendments of 1988 and 1998, and
as may be further amended and supplemented from time to time.

“Government Official” means, whether appointed, elected or otherwise any;

(i) officer or employee of a government or any department, agency or
instrumentality of a government;

(ii) person acting in an official capacity or exercising a public function for or on

behalf of a country or territory (or any subdivision of such a country or
territory) or a government or any department, agency, enterprise or
instrumentality of a country or territory (or any subdivision of such a
country or territory) or a government;
(iii) officer or employee of a company or business which is majority owned or
controlled by a government;
(iv) officer, employee or agent of a public international organization such as the
World Bank or United Nations; and/or;
(v) officer or employee of a political party or any person acting in an official
capacity on behalf of a political party;
“OECD Convention” means the OECD Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions, 1997.
“Person” shall mean any natural person, firm, corporation, company, voluntary
association, partnership, joint venture, trust, limited organization, competent
authority or other entity.

Contractor’s obligations: Contractor shall provide the Company with all reports such as Safety
statistics (on monthly and annual basis), environmental data i.e spills, discharge etc. and similar
documents as provided for in the Contract. Wherever possible, Contractor shall provide all such
reports and similar documents in electronic form in addition to the hard copies.

Liabilities and Indemnities:

The Contractor shall indemnify the Government Authority from and against Damages directly
resulting from the performance of the Work by the Contractor Group, but only if and to the extent
that the Contractor or any member of the Contractor Group is legally liable for such Damages.

The indemnities provided by the Parties to each other under the terms of this Contract shall be
absolute and independent obligations – in particular, such a indemnities shall not in any way
depend on, be subject to or any way be affected or limited by insurance coverage a Contractor may
have. Therefore, should be insurers of any Contractor fail, for whatever reasons including but not
limited to default of bankruptcy of Contractor, to honour its obligations to any Company Group,
such a failure shall not affect the hereunder in any way whatsoever.

For the purpose of the above Clauses the claims of indemnity against the Contractor Group shall
be made only by the Company, for itself and on behalf of the Company Group. Further, any claims
of indemnity made by the Contractor Group against the Company or the Company Group shall
be enforced by the Contractor only against Company and not directly against the Company Group.

Contractor shall protect, defend, indemnify and hold the Company Group harmless from and
against any and all Damages that may arise by reason of any alleged or actual default or non-
payment of taxes or violation of Applicable Laws by Contractor Group.

Safety and Protection of the Environment

 Special Terms and Conditions of RFQ for Imports

(a) The Safety Management system will at a minimum, comply with the standards
followed in the international petroleum industry, for example ISO 14001 and
OHSAS 18001, as well as international agreements and conventions that India is
signatory to, including but not limited to the International Convention for the
Prevention of Pollution from Ships 1973, International Convention for the Safety of
Life at Sea 1974 and the Montreal Protocol on Substances that Deplete the Ozone
Layer 1987;

(b) All Applicable Laws.

Contractor shall submit to Company report(s) for the safety statistics related to performance of
Work on monthly and annual basis.
CONDUCT OF CONTRACTOR

Contractor represents and warrants that as at the date of this Contract neither it nor any member
of Contractor Group or Associated Persons of the Contractor Group:

is engaged in any activity, practice or conduct relating to the Contract which would constitute a
violation of, or an offence under any Anti-Corruption Law

has paid, offered or offered to give, promised or agreed to give, or authorized the payment (directly
or indirectly through any third party) of any monies, consideration of any kind or anything of
value to any Government Official or any member of the Company Group or any Associated
Persons thereof as an inducement or reward for doing, refraining from doing, or for having done or
refrained from having done, any act in relation to the obtaining or executing of this Contract or
any other contract with Company Group; or

has done any act or omission to improperly influence any act or decision of any Government
Official, any member of the Company Group or any Associated Persons thereof or to improperly
induce any Government Official or employee to use his or her influence with a government or
instrumentality thereof, to obtain or retain business or direct business, or for showing or
refraining from showing favors or disfavor to any person, in connection with this Contract or any
other contract; or

is the subject of any investigation, inquiry or enforcement proceedings by any governmental,

administrative or regulatory body regarding any offence or alleged offence under any Anti-
Corruption Law and no such investigation, inquiry or proceedings have been threatened or are
pending and, so far as the Contractor is aware, there are no circumstances likely to give rise to
any such investigation, inquiry or proceedings.

Contractor undertakes to Company that neither it nor any member of Contractor Group or
Associated Persons of the Contractor Group shall:

take any action or refrain from taking any action relating to the Contract which would
subject it or any member of Contractor Group or Associated Persons of the Contractor
Group to fines or penalties under the Anti Corruption Laws;

pay, offer or offer to give, promise or agree to give, or authorize the payment (directly or
indirectly through any third party) of any monies, consideration of any kind or anything of
value to any Government Official or any member of the Company Group or any Associated
Persons thereof or take or refrain from taking any other action , for the purpose of
improperly influencing any act or decision of such person or to improperly induce any
Government Official or employee to use his or her influence with a government or
instrumentality thereof, to obtain or retain business, or direct business to any person in
connect with this Contract.
 Special Terms and Conditions of RFQ for Imports

Contractor undertakes to Company that, from time to time and at the reasonable request
of the Company, it shall:

confirm in writing (by providing a certificate of compliance signed by its compliance officer,
in such form acceptable to the Company) that it has complied with its undertakings under
this Clause and

in support of such compliance, provide the Company with reasonable access to its
personnel and to the facilities, warehouses and offices directly or indirectly serving
operations in connection with this Contract and the books, records and other information
relating to such operations, together with the right, where reasonably requested, to make
and retain copies of such books, records and information.

Should the Company reasonably and in good faith believe that there may have been a
material breach by the Contractor or any member of Contractor Group or Associated
Persons of the Contractor Group, the Contractor undertakes to cooperate in good faith to
determine whether such a breach has occurred. If Company determines reasonably and in
good faith that such a breach has occurred, the Contractor shall cooperate in good faith to
take any and all measures to remedy or rectify such breach.

Where the Contractor, its Affiliates, any member of Contractor Group engages in conduct
prohibited by this Clause in relation to this Contract or any other contract with Company
Group, the Company has, without the prejudice to any other right or remedy available to it
under Applicable Law, the right to either:

terminate this Contract and recover from the Contractor the amount of any loss suffered
by Company Group resulting from the termination; or

recover in full from the Contractor any other loss sustained by Company Group in
consequence of any breach of this clause, whether this Contract has been terminated or
not.

21.0. LIMITATION OF LIABILITY :

(a) The remedies and relief set out herein are cumulative and are the exclusive
remedies and relief available to the Parties (and to their Associated Persons
/Contractor Group) for a breach by another Party.

(b) Without prejudice to the express remedies and relief set forth in this Contract,
neither Contractor nor Company (nor their Associated Persons) shall be liable to the
other for consequential loss or for any other incidental, special, punitive or
exemplary damages, arising out of or in connection with this Contract for any
reason whatsoever.

(c) The maximum aggregate liability of Contractor (and for its Associated Persons) for
any and all liabilities under this Contract shall be limited to 100% of Contract
Price; provided, however, the aforesaid liability cap shall not apply to any of
Contractor’s liabilities or obligations arising out of provisions under GCC , SCC and
the same are expressly excluded from and are not subject to the foregoing liability
cap.

(d) No Party (and no Associated Person of any Party) shall bring any claim, at law or in
equity or otherwise, for any other form of relief or remedy (including claims for
injunctive relief, specific performance, or otherwise) other than for the payment of
money. The dispute resolution provisions of GCCshall be the exclusive means of
resolving any disputes arising under this Contract, and no Party (and no Associated
Person of any Party) shall bring or assert any claim in a court or tribunal except in
accordance with this GCC and GCC To the fullest extent allowed under
 Special Terms and Conditions of RFQ for Imports

Applicable Law, it is the Parties’ intention that the limitations of this GCC shall
apply notwithstanding any other right that may otherwise be available to a Party
(and to their Associated Persons).

(e) The Parties stipulate that the rights, obligations, and remedies under this Contract
were negotiated and freely entered into between them on equal terms and are a
commercially justifiable apportionment of risks, and that the remedies do not have
the predominant purpose of deterring breach.

22.0. DISORDERLY CONDUCT:

The Contractor shall at all times take all necessary precautions to prevent any unlawful,
riotous or disorderly conduct by or amongst its personnel (and any personnel of any other
member of the Contractor Group engaged in performing the Work) and for the preservation
of peace and protection of persons and property at (and around) the Site against the same.
Contractor shall ensure that its Personnel do not possess, use, distribute or sale firearms,
explosives or other weapons at any time during the performance of Work at the Site.
23.0. POLICY ON FIREARMS, ALCOHOL AND DRUGS:
Contractor shall establish and enforce rules consistent with those generally followed in the
international petroleum industry that, at a minimum, prohibit within the Site :

(a) possession, use, distribution or sale of firearms, explosives, or other weapons;

(b) possession, use, distribution or sale of alcoholic beverages; and

(c) possession, use, distribution or sale of illicit or non-prescribed controlled substances

and the misuse of prescribed drugs.

Contractor shall ensure that no Personnel (or any personnel of any other member of the
Contractor Group engaged in performance of Work) is permitted to possess, use, distribute or sale
firearms, explosives or other weapons at any time at Site.
Contractor shall ensure that no Personnel (or any personnel of any other member of the
Contractor Group engaged in performing the Work) is permitted on the Site if he is under the
influence of alcohol or drugs or if, in the reasonable opinion of the Contractor or the Company, he
is unfit to work. The Company shall have the right to test any of the personnel of the Contractor
Group present at the Site for alcohol and drugs on a random basis

24.0. ACCEPTANCE

If any of the above terms are not acceptable, bidder shall indicate clearly in the offer, otherwise it is
treated as all the terms and conditions of the RFQ mentioned above are accepted and will be
applicable for placement of order.

Balance remaining terms as per the RIL GCC

 Special Terms and Conditions of RFQ for Imports

GST CLAUSE

1. Definitions

1.1 “Place of Supply” with respect to the supply of Goods means the place of supply as determined under GST Law.

1.2 “GST” means the applicable (i) (a) Central Goods and Services Tax, and (b) State Goods and Services Tax or Union
Territory Goods and Services Tax, or (ii) Integrated Goods and Services Tax; payable in accordance with and as set
forth in the GST Law.

1.3 “GST Amount” means the amount of GST the Contractor is required to pay and has paid as a taxable person under the
applicable GST Law with respect to Goods supplied or to be supplied under the Purchase Order in compliance with
the GST Law.

1.4 “GST Law” means the Central Goods and Services Tax Act, 2017, the State Goods and Services Tax Act, 2017,
Integrated Goods and Services Tax Act, 2017, the Union Territory Goods and Services Tax Act, 2017, Goods and
Service Tax (Compensation to States) Act 2017 or any other statute or ordinance issued as a part of GST regime and
the rules, notifications, and circulars under each of the foregoing for the time being in effect, as applicable to the
supply of Goods.

1.5 “GSTN” means the Goods and Services Tax Network established under or in accordance with the GST Law.

2. Goods and Services Tax

2.1 Except as provided in Article 2.2 below, with respect to the supply of Goods pursuant to the Purchase Order, if the GST
Law obligates the Contractor to pay and discharge its liability towards the GST Amount as a taxable person under
the said GST Law, then the Contractor shall, in accordance with the GST Law, pay, deposit the GST Amount with the
appropriate Governmental Authority under the GST Law within the time period as specified therein and discharge its
liability towards the said GST Amount.

2.2 Company hereby undertakes that if the GST Law obligates the Company to pay and discharge its liability towards the
GST Amount as a taxable person under the GST Law, then Company shall pay, deposit the GST Amount with the
appropriate Governmental Authority under the GST Law within the time period as specified therein and discharge its
liability towards the said GST Amount.

2.3 Subject to the provisions of this Article 2, Company agrees to reimburse the Contractor the GST Amount paid by the
Contractor in accordance with the payment terms contained in the Purchase Order.

2.4 The Contractor shall solely bear and pay any incremental GST Amount levied under the GST Law as a result of
application of increase in the rate of GST for (a) any delays in supply of the Goods, including due to short supplies of
the Goods; or (b) replacement of defective Goods attributable to the Contractor; or (c) combination of both the
events set forth in this Article 2.4 (a) and (b).

2.5 Without prejudice to Article 3, the Contractor hereby undertakes to comply with the GST Law and provide the
Company with correct invoice(s) in line with instructions provided at Annexure I, all supporting documents and
information in order that the Company is able to avail applicable input tax credit of the GST Amount paid/ deposited
by the Contractor or the Company, as the case may be.

2.6 In the event of any mismatch or discrepancy in the details provided by Contractor and Company in their respective
GST returns is reported in the GSTN, then the Contractor shall resolve such mismatch or discrepancy (in the event
such mismatch or discrepancy is attributable to any act or omission of the Contractor) or otherwise cooperate with
the Company to resolve such mismatch or discrepancy (in the event such mismatch or discrepancy is attributable to
any act or omission of the Company) within the period prescribed by the GST Law.

3. The Contractor shall, among other compliances required to be made by the Contractor as set forth in the GST Law:
 Special Terms and Conditions of RFQ for Imports

(i) promptly pay/ deposit the GST Amount with appropriate Governmental Authority in accordance with the GST
Law within the time period so prescribed in the GST Law;

(ii) provide the Company with correct tax invoice, containing all the particulars as prescribed under GST Law along
with all supporting documents and information required to be provided by the Contractor to the Company
under the GST Law for the Company to avail the input tax credit of GST Amount paid by the Contractor to
appropriate Government Authority;

(iii) in respect of any advance paid by the Company to the Contractor against supply of Goods, the Contractor shall
provide the Company with the receipt voucher for the advance received by the Contractor from or on behalf of
the Company.

(iv) provide the Company with the ‘refund voucher’ as required under the GST Law for the advance payment
refunded by the Contractor to the Company (a) in the event no supply or partial supply of Goods is made by
the Contractor to the Company, no invoice is issued by the Contractor to the extent of such non-supply and the
Company has terminated this Purchase Order to the extent of such non-supply; or (b) in the event the
Company has rejected the Goods for any reason set forth in the Purchase Order;

(v) ensure that correct GST registration number of the Contractor from where the Contractor proposes to issue
the invoice for the supply the Goods is provided by the Contractor to the Company for incorporation in the
Purchase Order or any other purchase document;

(vi) ensure that correct GST registration number of the Contractor and the Company is provided on the invoice(s)
issued by the Contractor;

(vii) ensure that correct GST registration number of the Contractor and the Company is mentioned in the
Contractor’s sales details uploaded as specified in all applicable returns to be filed by the Contractor in the
prescribed formats under the GST Law; and

(viii) timely file the returns in the formats prescribed under the GST Law.

(ix) determine the correct Place of Supply as per GST Law. If the Place of Supply for a particular supply is different
from the location of the Company, then the Place of Supply shall be declared on the invoice issued by the
Contractor.

(x) accept the modification proposed by the Company in GSTR 2 in the event the Company notifies the Contractor
that the Company does not accept the Goods or accepts only partial quantity of the Goods along with the
issuance of credit note to the Company for such non-acceptance or acceptance of part of the Goods;

(xi) ensure to collect the Non - Conforming Goods from the premises of the Company as set forth in the Purchase
Order. In the event Contractor delays in taking the delivery of the Non- Conforming Goods, then Contractor
shall be solely responsible for any GST compliance under GST Law.

4. Contractor shall provide on all invoices correct HSN code for each line item in the Scope of Work that are (a)
previously provided by the Contractor and incorporated in this Purchase Order, or (b) as notified by the Contractor
before the Company provides the Shipment Control Number (“SCN”) to the Contractor, including any new HSN Code
provided by Contractor in place of any HSN Code incorporated earlier in this Purchase Order.

5. Contractor acknowledges that goods procured (both domestic and imported) for petroleum operations or CBM
operation by Company or its contractors shall qualify for concessional GST vide notification No.3/2017-Central Tax
(Rate), 3/2017-Integrated Tax (Rate), 3/2017-Union Territory Tax (Rate) dated 28.6.2017 read with relevant SGST
notification or as notified from time to time. In the event of revocation or amendment of the aforesaid notification
by the respective Government resulting in payment of excess tax by the Contractor, the tax paid by Contractor shall
be reimbursed by Company to Contractor against production of documentary evidence. Similarly in the event of
reduction of tax rate the Contractor shall pass on the benefit to the Company.
 Special Terms and Conditions of RFQ for Imports

6. Contractor shall ensure that due process as prescribed under GST Law is followed so that there is no loss caused to the
Company on account of denial of input tax credit or interest thereon in following scenarios:

a) any shortage in receipt of Goods or deficiency in supplies;

b) Company does not accept the Goods or accepts only partial quantity of the Goods sent by the Contractor;
c) any excess supplies are made by the Contractor and the excess supply is accepted by the Company.

7. In case any back charges, liquidated damages, damages on any other account or penalties are payable by the
Contractor to the Company, then the Company shall raise an invoice as per GST Law for the said amount to be
recovered from the Contractor along with the applicable GST thereon and shall deduct such amount from the due
invoices or the Contractor shall pay the amount forthwith along with tax.

8. Notwithstanding anything contained in the Purchase Order to the contrary, the Contractor agrees and acknowledges
that the Company will not reimburse or pay the GST Amount on the advance payment until such time the Company
has adjusted the entire advance payment against the receipt of all of the Goods from the Contractor and the
Company is eligible under the GST Law to fully take the input tax credit on the GST Amount paid by the Contractor
on such advance payment and the Company has taken such input credit tax credit.
9. In the event Company is unable to avail or is denied any input tax credit of GST Amount paid by Contractor due to any
failure by the Contractor, inter alia, (1) to comply with the GST Law in any respect; (2) to provide the correct
invoice, any supporting documenters or any information to the Company in a timely manner; (3) to resolve or
cooperate to resolve any mismatch or discrepancy in the GST returns; (4) to file the returns as required under the
GST Law; (5) to make payment of tax or delay in making the payment of tax under GST Law; (6) to determine correct
Place of Supply as per GST Law; (7) to follow due process as prescribed under GST Law in case of any shortage in
receipt of Goods or deficiency in supplies; then Company shall not be liable to reimburse to the Contractor the GST
Amount to the extent of such loss of input tax credit suffered or incurred by the Company and Contractor shall
Indemnify the Company from and against any and (a) claims, suits and actions which are brought against Company;
and (b) all interests, fines, penalties, credit costs including attorney fees incurred by the Company due to one or
more of the events mentioned in Article 9 (1) through (7) above.

10. Where the Company has agreed to provide CFM to the Contractor for incorporation into the Goods and the Purchase
Order specifies the consumption norms or limits for such CFM and if the Contractor incorporates and consumes the
CFM in excess of the consumption norms or limits except due to any event of Force Majeure, then Company shall
be entitled to claim damages by issuing an invoice to the Contractor for the CFM consumed in excess of the norms
or limits specified in the Purchase Order and pay and discharge the applicable GST on such damages. The Contractor
shall promptly make the payment to the Company of such invoice, including the GST Amount invoiced by the
Company.

11. In the event the Company has inadvertently reimbursed the GST Amount to the Contractor for which the Company is
denied input tax credit for any reasons attributable to the Contractor Group, then Company shall be entitled to
adjust, off-set from the amounts owed by the Company to the Contractor or recover from the Contractor such loss
of GST credit or benefit, as the Company may deem appropriat