HYDERABAD METROPOLITAN WATER SUPPLY & SEWERAGE BOARD

TENDER DOCUMENT
FOR Online Spot Billing & Collection Operations under the jurisdiction of O&M Division No.V

EOI.No:01/GM(E)/O&MDn.V/B&C//2010-11, Dt: 07-10-2010

Name of Agency:

O/o.General Manager(Engg) O&M Division No.V, HMWS&SB.

Page 1 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

HYDERABAD METROPOLITAN WATER SUPPLY & SEWERAGE BOARD O/o General Manager (Engg.), O&M Divn.No.V, HMWS&SB.

EOI.No:01/GM(E)/O&MDn.V/B&C/2010-11, Dt: 07-10-2010

Tenders are invited for Online Spot billing & Collection operations under the jurisdiction of O&M Dn.No.V Time schedule of various tender related events: Chit Tender Notice No. Bid calling date Bid submission closing date &time Bid opening date& time Issue of Bid documents Contact Person GM(E)/O&MDn.No.V/C&B/2010-11; Dt: 07.10.2010 20.10.2010, 03:00 PM 20.10.2010, 03:30 PM Shall be downloaded from www.hyderabadwater.gov.in. HMWS&SB web site: 06-10-2010

GM(E)/O&MDn.V, HMWSSB, Narayanaguda, Hyderabad.

The interested firms may, please ask the contact person for details or visit our Website at www.hyderabadwater.gov.in. The bids shall submit only when you indent full copy of the bid document and for participation in tender.

General Manager(Engg) O&M Division No.V

Page 2 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

Annexure-I Terms and Conditions General Information: 1) The Hyderabad Metropolitan Water Supply & Sewerage Board is supplying potable drinking water to the citizens of twin cities and surrounding municipalities including Cantonment Board etc. HMWS&S Board has hierarchy as Circles, Divisions and Sections. For smooth billing & collection process each section is further sub divided into Dockets. Each Docket consists of around 1000 to 1500 CANs (Consumer Account Number). 2) The Board intends to expand and convert all the Dockets into spot billing & collection mode through EPOS by selecting outsourcing agencies to perform Billing & collection with online EPOS machines under O&M Division No.V. A Docket of CANs will be loaded in an EPOS machine. The Agency has to pre pay, specified amount for each docket to HMWSSB as advance. After depositing the amount the machine will be activated for issue of receipts from the deposited amount. The collection mechanism with Hand Held EPOS Machines will be automatically locked once the total amount collected reaches the deposit amount paid by the Agency to the Board. The lock will be released for Subsequent collections only after further amount is re-deposited. A bidder is required to bid for at least one group of dockets. A minimum deposit of Rs.30,000/- for each docket i.e Rs.90,000/- for each group of dockets has to be deposited along with the tender in the form of DD. A bidder can bid more amount for this deposit amount. However, such bids shall be in the multiples thousands over and above Rs.90,000/-. The entire bid amount shall be given in the form of DD drawn in favour of HMWSSB in a sealed cover. In addition to the minimum deposit to be made, every successful bidder shall also be required to pay a caution deposit of Rs.10,000/-. This shall also be collected along with the bid in the form of a DD in favour of HMWSSB. This amount shall also be collected in the form of DD at the time of bid only.
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Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

3)

Eligibility: Any firm, individual associate, company or body or authority or cooperative society, welfare association, self help groups are eligible to participate in the bids. The service charges payable to successful Agency for online Billing & Collection are fixed as below:

4)

(a) (i) For Transactions involving billing & collections. The deposit amount quoted will be taken to the credit of successful bidder. In respect of other unsuccessful bidders, the deposit will be refunded S.No. 1 2 3 4 Value of the transaction (only in respect of collections) Up to Rs.500/Above Rs.500/- up to Rs.1000/month Above Rs.1000/- up to Rs. 10,000/Above Rs. 10,000/20.00 per Can per month 25.00 per Can per month Amount (Rs) 10.00 per Can per month 15.00 per Can per

In the case of collections by way of cheques payment will be made only after realization. (a) (ii) For transactions involving only billing without corresponding collection: Type of transaction (in respect of Billing only) Metered bill Unmetered/ Repair/ lock bill Amount (Rs) 3.00 2.00

S.No. 1 2

Above payment will be made only after production of acknowledgements in support of issue of bill. However such transaction (i.e billing without payment) shall not exceed 25% of CANs included in the docket where such percentage exceeds 25% in a month, payment will be restricted to 25% only. (a)(iii) when collections are received though agencies like eseva, Aponline, HMWSSB cash counters etc the actual service charges being paid to these agencies will be deduced from the rates shown at table(a) (i) above. (b) Service tax extra as applicable will be borne by the board and the same will be released to the concerned Tax authority. (c) All collection transactions made for a CAN in a month will be treated as one collection transaction
Page 4 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

5)

The successful Agency has to procure EPOS Billing & Collection machines and consumables for billing at his own cost. However already existing machines with HMWSSB (250Nos), at HMWSSB discretion will be provided on hire basis with hire charge of Rs. 500/- per month/ per machine to successful Agency. The agency has to bear the entire cost of Annual Maintenance charges for the machines and consumables required for Billing. HMWSSB provides necessary software for operation of the machine at free of cost. If the performance of any agency is not up to the mark continuously for two days the GM reserves the right to withdraw the docket from the agency to avoid hampering of billing and collection.

6)

7)

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Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

8) Technical Specifications of Epos Machines:

1 2 4 5 6 7 8 9 10 11 12 13 14

Parameters Micro Processor CPU Speed Data Memory Ram Memory LCD Battery Keyboard Charger

Specifications 32 bit ARM Dual Core 70 MHz 16 MB 32 MB 64x128 Pixel graphic display with Back- Light,

15 16 17 18 19

Lithium-Ion 1800 mAh Minimum with 19 Keys Keyboard or Similar AC 180V to 280V charger for 3 to 4 hours charging. Communication GSM / GPRS and Ethernet Printer Impact Printer (56 mm width, 10 lines/ Sec). Paper Impact Paper Paper Width 56mm width, 0.06 to 0.085 (52.3 to 64 GSM) Thickness Cabinet Aesthetically designed ABS & Poly Carbonate plastic housing, with integrated Printer, LCD display, and Keyboard. Operating 0 to 55 degree Celsius Temperature Humidity 98% RH, None condensing. Operating Linux System Data Ports USB Host & Device & RS 232; Protocol TCP/IP / HTTP /HTTPS

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Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

9. 10.

The duration of Contract is for a period of (2) Two years The work has to be carried out as per the directions of departmental officers authorized from time to time and all the outputs required from time to time shall be furnished within the scheduled time. The Agency should procure sufficient standard stationery required for issue of spot bills, epos ribbons and manpower. And other incidental and operational expenses if any shall be borne by him. Proper care should be taken to print the bills legibly and appropriately printed by head of accounts shown in the preprinted stationery, and the bills generated shall be handed over to the customer personally. (Deviations attract penalty clause). The spot billing and collection machines (hand held computers) with real-time updating GPRS based are to be procured sufficiently in number to carry out the spot billing work at his own cost. (As per the number of Meter Readers to be deployed). The yearly Fitness Certificate of the Spot Billing and Collection Machines shall be produced from the Authorized Agencies. The length and width of spot bill is 20 x 5.5 cms and thickness is 60 GSM. The back space of pre-printed stationery is meant for the rules & regulations and advertisements and a portion of bottom of the face of the bill is open to the advertisements. The GPRS SIM card required in the Billing and Collection machine should be procured by the agency and the agency should pay monthly rental cost of the GPRS SIM card. The software required for the epos machine will be provided by HMWSSB free of cost. Remittances and activation procedure:

11.

12.

13.

14.

15.

a. b.
16.

The agency has to deposit the collected amount same day or at least next day in Bank/ cash counters as stipulated by Board. The docket will be recharged for the equivalent amount that is remitted.

The HMWSSB shall permit the advertisements on the bills on its own accord. And the revenue generated out of the advertisements is the source of income to the Board. The Agency shall be held responsible for errors in the Spot Billing and collection and necessary penalties will be levied as per Penalty Clause. The agency shall allocate one Machine to one person for one docket exclusively.
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17.

18.

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

19. 20. 21.

Meter reading shall be taken invariably. The cell number & contact number of the consumer has to be updated in the provision available in the hand held epos machine. The Agency shall also specify the particulars of personnel employed 1) Number of personnel per division, section and docket 2) qualification of the personnel employed for spot billing and their previous experience 3) the recruitment plan along with the details to over come the shortage of man power in the course of normal operations. If any change of personnel during the agreement period the details of the persons should be submitted to HMWSSB. The number of services mentioned in docket of requirement is only indicative and there is likelihood of increase / decrease in the numbers. The board shall authorize any of docket to either departmental staff or private agencies on selective months basis. The Board shall make all arrangements to provide Data in format suitable to Machine for billing and collection. HMWSSB will arrange necessary software epos machines to suit the rules, rates and tariffs of the Board in force. The billing work should complete between 1st to 15th of every month or as specified as per schedule of billing communicated from time to time. The meter readings along with the meter status and the purpose for which the supplied water is being utilized and status of the service, condition of the meter and of the seals should be furnished to the DY.GM/Manager/concerned for scrutiny and send them to General Manager concerned on succeeding day of 15th of every month. There is no time limit for collection of receipts within the month. The spot bills shall be issued for all the services and there will not be any exceptions like Door lock etc. The spot bills shall be generated and delivered for all the services downloaded and if any bill is pending either for generation or for delivery or both after 15th of every month, the penalty as per the Penalty Clause will be levied for each bill. If any meter is found defective, not working or stuck up or under lock consecutively for two months the Agency shall inform through special report to the General Manager concerned the particulars of such meters for remedial action. The list of bills issued along with the amount of demand raised and the water quantity billed should be furnished to the Manager (Engg.) and Dy. General Manager (Engg.) concerned on 8th and 15th of every month with a clear exception report regarding defective meters & meters removed with CAN Nos. Meter reader wise consolidated report regarding No. of bills issued, water quantity billed with the
Page 8 of 22

22.

23. 24. 25.

26. 27.

28.

29.

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

above exceptions shall be submitted to the General Manager (Engg.), Dy. General Manager (Engg.) and Manager (Engg.) concerned on 16th of every month. 30. Recording of the readings in Meter Reading Books (MRBs) shall be done Meter reader / code wise and the same should be got signed by the Agency and the Manager (Engg.) concerned. For cancellation of receipts in case of any wrong entry, a letter requesting for cancellation of receipt should addressed to the Executive Director, HMWSSB duly attaching original receipt. Meter readings of premises shall be taken on the fixed date and time as specified and any deviation of meter reading date will attract penalties. The consumer should be explained about readings, units consumed and the bill amount and all the doubts of consumer should be clarified on the spot. The Agency shall employ such persons with minimum qualification as may be necessary with sufficient Computer knowledge and full knowledge of Waters Meters for the spot billing work. They should be in sufficient number to complete the work within the stipulated time frame. Depending on the progress of billing, the officer authorized by the Board shall have the right to instruct to deploy such additional persons as may be required. The Agency shall comply with the orders and instructions of HMWSSB in the due discharge of work assigned. The Agency shall ensure that the persons working under their control shall be very courteous to the consumer and also ensure that they shall not enter into any argument with consumer and should have patience. The Agency shall note that the persons engaged by them are not on the employment of the HMWS&SB and shall not have any right to claim any employment in the HMWS&SB at any time. Necessary Identity cards shall be issued to the persons engaged for spot billing work with the countersignature of the concerned General Manager (Engg). If change of personnel is made by the Agency, the Identity Card previously issued should be returned to HMWSSB for countersigning new identity cards of the replaced persons. The above Terms and conditions must be incorporated in the orders issued to the persons engaged by the Agency. If the work entrusted is not proper and to the satisfaction of HMWSSB and if there are any complaints from the consumers for the wrong preparation of bills, penalties will be levied as specified above. If the work of the Agency continues to be unsatisfactory, the agreement shall be terminated by the HMWSSB with one month notice at any time during subsistence of this agreement. Agency shall comply with the orders and instructions of the General Managers/ DGMs / Managers concerned on this behalf in due discharge of functions and work.
Page 9 of 22

31.

32. 33. 34.

35. 36.

37.

38.

39.

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

40. 41.

Any additional information required by the HMWSSB through its authorized officer should be furnished as instructed from time to time. The agency has to submit the details of consumers who are having arrears such as CAN No, amount to be paid & the pay by date daily to the Manager (E), for facilitating the Manager (E) concerned to disconnect the water supply service of the defaulting consumer soon after the pay by date. This will increase the No. of consumers paid and also the revenue collection. The Agency shall engage the persons for Spot billing & Collection on monthly basis but not on No. of bills raised and issued. The process of Spot Billing and issuing of bills should be completed by 15th of every month and the same should be 100% of the CAN Nos. allotted. The persons engaged by the Agency after completing the Spot billing and issuing process by 15th of every month, individual meter reading persons should identify the CAN Nos. which have not paid by pay by day and should furnish the list of such CAN Nos. with H.No. and address, amount payable details immediately after expiry of the pay by day to the DGM(E) / Manager (E) concerned. Based on the above information furnished by the Spot billing agency, the concerned DGM(E) / Manager (E) immediately mobilize the disconnecting gangs for effective collection of bills raised. The information should furnished such that on each pay by day expiry only that list can be tackled easily instead of furnishing bulk information, which becomes unwieldy. The above process should continue till 30 th / 31st of every month. The above generated information should be scrutinized for the correctness by the supervisors engaged by the Agency. In addition to the above, the Agency shall furnish on 1st of the every month on the billing road map along with the name of the meter reader and his code, the areas he is authorized to cover on day to day billing on that month to the Manager (E) concerned. This facilitates verification of correctness of billing process by the Project Monitoring Consultancy (PMC) or 3rd Party Inspection Agencies or any persons authorized by the HMWS&SB for verification on daily basis from 1st to 17th of every month. The Agency engaged for the Spot Billing & collection, while generating and issuing of bills should note the CAN Nos. of the meters under repair status and should immediately on the succeeding day should inform in writing to the specified meter fixing agencies engaged by the HMWS&SB with the details of CAN Nos. and address for getting the meters repaired and keeping them under working condition. The Agency shall note that under any circumstances the repair meter status of a CAN should not be continued for the next month i.e. on the succeeding month invariably the meter reading should be given for the above particular meter. Liaisoning with the Meter fixing and repairing agency fixed by the HMWS&SB should be done for getting the meters repaired in time, failing which penalty will be levied as shown below for each such non repaired meter billing.
Page 10 of 22

42.

43.

44.

45.

46.

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

47.

The Agency after completing the Spot Billing process for the month shall generate the CAN Nos. with meters and the same should be verified with the list furnished by the Meter fixing agencies claiming fixing of new meters and if any discrepancy is found should be intimated in writing to the General Manager (Engg.) concerned for taking further necessary action. The payment for the newly fixed meter will be released only after verification of such reports. Any false report found the entire cost of new meter will be recovered from both the Spot billing and Meter fixing agencies. The Spot Billing & collection Agency should ensure the Meter Readers to enter the Meter Readings in the Consumer Cards provided by the HMWSSB at the individual consumer premises duly signing with Meter Reader code. This will be verified and any failure to enter in the cards provided will attract penalty. The Agency shall note that only readings should be entered for the metered connections and the system itself will indicate the meter status as under repair when the same reading is repeated on the succeeding month. The Agency shall bestow their best efforts to increase the billing water quantity and shall make verifying arrangements for avoiding and detecting low quantity billing such that the non revenue water quantity shall be brought to the reasonable limits. The Agency or his authorized officiating person shall attend the meetings whenever called for by the HMWS&SB authorities. The Agency shall be furnished the list of CAN Nos. with metered connections by the HMWS&SB before starting their spot billing process and the Agency is liable for generating and issuing of meter reading bills for the above CAN Nos. If any new meters are fixed by the Meter Fixing agencies the same will be furnished by the Meter Fixing agencies to the Spot Billing agency for issuing metered bills. If any average bill for the above CAN Nos. having metered connections is generated and issued by the Spot billing agency penalty on each such case will be levied while allowing payment as per Penalty Clause. 53. 54. The agency is responsible for prompt payment of remuneration to each individual engaged by the agency. All the Divisions are categorized into two Groups as below for the purpose of involving penalty conditions stipulated in Para 55. Group-I : Division- 1,2,12,13,14,15 Group-II : Division- 3,4,5,6,7,9,10,16 55. Penalty Clause: If on account of the default in completion of work within the scheduled dates as mentioned in the special terms and conditions, the agreement shall be terminated without assigning reasons thereof, and the same will be entrusted to another Agency and the extra expenditure incurred
Page 11 of 22

48.

49.

50.

51. 52.

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

by the HMWSSB to complete work will have to be borne by the defaulted Agency. The following penalties will be levied for the deficiency of spot billing. S.No Activity Penalty amount a No. of errors in recording Rs.100 per error. readings b No. of wrong Meter status Rs.100 per bill c No. of slippages in schedule Rs.50 per slippage of billing +/- 3 Days d Bills not issued with out valid Rs.20 per bill reason e For any complaint received Rs.500 per complaint from consumers on illegal practices. (if proven) f Illegible / Disorder printing in Rs.25=00 each bills g Bills generated and Not Rs.50=00 each handed over to the customers personally h Issue of wrong receipt if more Rs. 100 each wrong than 5 in a month bill I Non wrong/updating cell Rs. 1/- per CAN phone or contact number J Minimum Billing should be Rs 500/- per each % 98% of CANs un billed K Group-I Divisions: Rs 500 for each Penalty for shortfall in 60% of shortfall of one paid CANs percentage. Total Penalties shall be Group-I Divisions: to a Penalty for shortfall in 50% of subjected maximum of Rs 5000 paid CANs The Management of HMWS&SB is the Competent Authority to decide on the imposition of penalties as per the prevailing conditions. Note: No penalty for two months in respect of short fall in Paid CANs 56. 57. a. If any fraud is noticed the machines will be blocked by HMWSSB Payment: 100% Payment will be generally arranged for the value of work done on or after one month from the date of completion of works and on production of bills with all details in duplicate to the General Manager, O&M, DIV__. The billing & collection details will be verified with respect of Revenue database for release of payment.

Page 12 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

b.

The payments to the Agencies shall be made for the bills & receipts served to the consumers by 15th of every month. Although the bills prepared prior to 15th of every month or after and not distributed to the consumers within stipulated time are not entitled for payment to such bills.

Page 13 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

Annexure -II
PROFILE OF AGENCY

1 2 3

Name of the organization Year of establishment Registered Office Address

: : :

4 5 6 7 8

Phone No. Fax No. Email Total No. of branch offices in AP Any other details.

: : : : :

Page 14 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

ANNEXURE III PRICE SCHEDULE (To be submitted in Sealed Cover) Name of Work:
Sl. No. 1 Group of Dockets Group I No. of Docket 3

Online Spot Billing & Collection Operations under the jurisdiction of O&M Division No.V.
Name of Section Domalguda-0512 Boats Club-0513 Boats Club-0513 Boats Club-0513 Musheerabad0521 Azamabad-0522 Baghlingampally0523 Shivam-0532 Shivam-0532 Docke t Code D01 D03 D05 D06 D03 D01 D03 D02 D04 Amount agreed to pre-pay per docket in Rs. Demand Draft No. & Date Caution Deposit (In Rs.) DD No. & Date

Group II

Group III

1)
2)

Minimum Price should be Rs.90,000=00 per each group of dockets (each docket Rs.30,000=00) A bidder can bid more amount for this deposit amount The bidder shall deposit amount minimum of one group of dockets.

3) In addition to the minimum deposit to be made, every successful bidder shall also be required to pay a caution deposit of Rs.10,000/- along with bid.

4)
is accepted. 5)

Only DD in favour of HMWS&SB will be accepted. No Bank Guarantee No conditional Tender will be accepted.

Page 15 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

ANNEXURE IV

AGREEMENT FORM FOR OUTSOURCING BILLING AND COLLECTION ARTICLES OF AGREEMENT BOND NO ../GM/O&M/2010-2011/ DATED: Articles of Agreement made this day..of

..

between the Hyderabad Metropolitan Water

Supply & Sewerage Board, hereinafter called HMWSS Board represented by the GM O&M Division., which expression shall where the context so admits include its successors in office and assign here in after called the employer of the One part and M/S Hyderabad . include their heirs, executers, administrators and legal representatives herein after called the Agency of the other part. Whereas the General Manager O&M Division .. HMWSSB is desirous of engaging M/S.. for billing, issue of bills, collection of money and issue of receipts of water cess and other charges by using EPOs Machines. Now therefore this agreement and the is executed Manager between O&M

M/S Div...

General

HMWSSB on the following terms and conditions.

NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz:
Page 16 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

a) b) c) d) e) f) 3.

Proposal submitted by the Agency dated. Letter of Acceptance Security Deposit This Form of Agreement Terms and Conditions as shown in Annexure-I Schedule A as per tender document Section C The aforesaid documents shall be taken as complementary and

mutually explanatory of one another, but in case of ambiguities or discrepancies shall take precedence in the order set out above. 4. In consideration of the payment to be made by the Employer to the

agency as hereinafter mentioned, the agency hereby covenants with the Employer to execute, complete and render service in conformity in all respects with the provisions of the agreement. 5. The Employer hereby covenants to pay the agency in consideration of

the execution, completion and maintenance of service, Contract Price at the times and in the manner prescribed by the agreement. CONFIDENTIALITY: B. The agency will ensure confidentiality of all data of HMWSSB and their transactions and will not provide the same to any other party without the permission of HMWSSB. Likewise, HMWSSB shall maintain confidentiality of all the confidential information of agency M/s ______________ C. However, nothing in this clause shall prevent either party from treating Confidential Information as non-confidential, if such information is:-

Page 17 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

i) In the process of, or was known to, the receiving party prior to its receipt, without an obligation to maintain its confidentiality; ii) Generally known to the public without violation of the confidentiality obligations under this Agreement; iii) Obtained by the receiving party from a third party having the right to disclose it, without the obligation to keep such information confidential; iv) Independently developed by the receiving party without the use of Confidential Information and without the participation of individuals who have had access to Confidential Information. v) executed. TERMINATION: (i) NOTICE PERIOD: Required to be provided under any law, or process of law duly

a. This agreement may be terminated by either party by giving one months prior notice in writing. Either party may terminate this Agreement in the event of happening of Force majeure and/ or in the event of a material breach by the other and the same not having been remedied, within 15 days of written notice by aggrieved party. Accordingly, the party seeking termination will provide the other party with sufficient and reasonable prior written notice of such material breach and the opportunity to cure the same. b. In the event of this agreement being terminated, the agency shall remit all the amounts including penalties due to HMWSSB till the date of termination and HMWSSB shall be liable to make payment of the entire amount due under this agreement up to the

Page 18 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

effective date of termination for which services have been rendered by M/S-------------------------through their centers. c. Termination shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party. (ii) Indemnities and Limitation of Liability:

Each party will indemnify and hold other Party harmless from any loss, injury, claim from the customer/third party of damage resulting from breach of this Agreement, including death or any injury to any person or damage or loss to any property of other arising out of the use or possession of the equipment, or location of party by other or its personnel, unless caused by the negligence of the other party or its personnel. In no event shall the total liability of M/S ____________ under this Agreement exceed the actual amount received by M/S ______________ under the contract as on the date such liability arises. FORCE MAJEURE: If either of the two parties is prevented, restricted, delayed or interfered by reason of: a) Fire, explosion, cyclone, floods, droughts, earthquakes, epidemics; b) War, revolution, acts of public enemies, lockage or embargo, riots and civil commotion: c) Any law, order, proclamation, ordinance or requirements of any Government or

authority or representative of any such Government, including restrictive trade practices or regulations;

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Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

d) Strikes, shutdowns or labour disputes which are not instigated for the purpose of avoiding obligations herein; Or e) Any other circumstances beyond the control of the party affected; then notwithstanding anything here before contained, the party affected shall be excused from its performance to the extent such performance relates to prevention, restriction, delay or interference and provided the party so affected used its best efforts to remove such cause of non-performances, and when removed the party shall continue performance with the utmost dispatch. f) Each of the parties agrees to give written notice to the other party upon becoming aware of an event of Force Majeure, and mentioning details of the circumstances giving rise to the event of Force Majeure. g) If the event of Force Majeure continues for more than twenty (20) days either party shall be entitled to forthwith terminate the contract at any time thereafter after giving the other party notice of the same. Neither party shall have any liability to the other party in respect of the termination of this contract as a result of an event of Force Majeure. However M/S ______________ shall be entitled to receive payments for all services rendered by it under this Agreement. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, promises, proposals, representations,

understandings and negotiations, whether written or oral, between the parties with respect to the subject matter hereof. Standard terms and conditions of any party (whether printed on any purchase orders or not) shall have no effect whatsoever. Each party acknowledges that it has not relied on or been induced to enter into this
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Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

Agreement by a representation or warranty other than those expressly set out in this Agreement. To the extent permitted by Applicable Law, a party is not liable to another party in Contract or fort or in any other way for a representation or warranty that is not set out in this Agreement. Non Exclusivity: Notwithstanding anything to the contrary contained in this Agreement. M/S.. shall be free to do similar business either for itself or for any other party or offer similar services to any third parties but without in any way affecting the services agreed to be offered by M/S either under this Agreement and without using the machines, software, stationery and other equipment or material procured under this agreement. AUTHORITY: Each signatory to this Agreement represents and warrants that he/she is duly authorized by the party for and on whose behalf he/she is signing this Agreement to execute the same in a manner binding upon said Party and that all corporate approvals and procedures necessary for vesting such authority in him have been duly complied with. IN WITNESS WHEREOF the parties hereto have caused their respective Common Seals to be hereunto affixed (or have hereunto set their respective hands and seals) the day and year first above written. SIGNED, SEALED AND DELIVERED. By the said Name: By the said Name:

on behalf of the Contractor Employer

Page 21 of 22

on

behalf

of

the

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.

in the presence of: of: ........................................ ........................................... NAME............................ NAME............................... Address.......................... Address............................

in the presence

Page 22 of 22

Agency

General Manager (Engg.),

O&M Divn.No.V, HMWS&SB.