GOLCHA GROUP INCLUDES - Global Tenders · 2017-02-24 · 2 golcha group includes m/s udaipur mineral development syndicate private limited m/s jaipur mineral development syndicate

1

GOLCHA GROUP INCLUDES

M/S UDAIPUR MINERAL DEVELOPMENT SYNDICATE PRIVATE LIMITED M/S JAIPUR MINERAL DEVELOPMENT SYNDICATE PRIVATE LIMITED

M/S GOLCHA MINERALS INDIA PRIVATE LIMITED M/S GOLCHA TALC

4TH FLOOR, GOLCHA TRADE CENTRE, M I ROAD, JAIPUR-302001 RAJASTHAN

INVITATION OF BID APPLICATIONS FOR TRANSPORTATION OF GOODS

2





Website : www.golchagroup.com e-mail : [email protected]

INVITATION OF BID APPLICATIONS FOR TRANSPORTATION OF GOODS

TENDER NO: UMDS/ 3191 /Transportation/2017-18/ Date: 13.02.2017 NOTICE INVITING TENDER

Scope of Work: Transportation of Goods i.e. mineral lumps/chips/powder etc in bulk as well as in packed form for specific destinations as mentioned in Annexure-I

Date of sale of Tender Document : 14.02.2017 Last Date and Time of receipt of Tender : 14.03.2017 till 5.30 pm

Award and duration of Contract : April 01, 2017 (for a period of 12

months to March 31, 2018) Address for Communication : Golcha Group Golcha Trade Centre “GTC”,

4th Floor, MI Road, Jaipur -302001, (Rajasthan) India.

Cost of Bid Application payable vide a Demand Draft or Cheque

3

payable at par: Rs. 5000/-(Rupees Five thousand only) either in the form of Demand Draft or Cheque payable at par in favour of “Udaipur Mineral Development

Syndicate Private Limited”

4

INVITATION OF BID APPLICATIONS FOR TRANSPORTATION OF GOODS Sealed applications in two-bid System are invited from reputed transporters for transportation of goods for specific locations as mentioned in Annexure I for a period of 12 months i.e. April 01, 2017 to March 31, 2018 and the same may be extended for a period of 3 months at the discretion of the Company after completion of the contract period. 1. LAST DATE FOR RECEIPT OF APPLICATIONS

Sealed applications in cover {Technical bid (Cover “A”) and Price Bid (Cover “B”)} will be received up to 06.03.2017 till 5.30 PM by Golcha Group, Udaipur Mineral

Development Syndicate Private Limited, Golcha Trade Centre “GTC”, 4th Floor, MI Road, Jaipur -302001, Rajasthan, India. 2. IMPORTANT NOTES:

a) The bidder shall quote prices in Indian Rupees only, on destination basis

as specified in Annexure I. b) The anticipated annual requirement of trucks would be for an estimated

total volume (in metric ton) for specific destinations as mentioned Annexure I, However, no definite volume of work can be guaranteed.

3. ELIGIBILITY CRITERIA

a) Bidder should preferably have experience of transportation of mineral

lumps/chips/powder etc in bulk as well as in packed form.

b) Preference shall be given to the bidders having their own vehicles (with closed body) either in individual name or in the name of their organization/firms/Companies. The detailed particulars of vehicles (including closed body vehicles) owned by them with registration details shall have to be furnished along with the technical bid.

c) Average Annual turnover of the bidder in the past three financial years

shall not be less than Rs. 3 crores.

d) Bidder including its associate or any of its group companies or other legal entities who has been blacklisted by the Company or Golcha Group or any of its affiliates will not be allowed to participate in the bid application process.

5

e) The Bidder shall also disclose and also give a formal undertaking at the time of submitting the bid, details about any direct or indirect relation/connection/business interest with any of the other bidders and each of the Bidder (including its associates, affiliates, or any other entity either directly or indirectly connected or related in any manner) shall be permitted to submit only one single bid for a particular route/destination at the time of bidding.

e) Bidder directly or indirectly should not have any working/ engagement

or any business interest with any of the employees of the Company or Golcha Group or any of its affiliates or group companies.

4. GENERAL CONDITIONS

a) The scope of work indicated in the bid document at Annexure I is

tentative and not binding on the Company and subject to change depending on actual requirement and no definite volume of work can be guaranteed by the Company.

b) Bid Application/document may also be obtained from the head office of

the Company or Golcha Group situated at GTC, M I road, Jaipur during office hours on payment of Rs. 5000/- (non–refundable) either by way of cheque payable at par or in the form of Demand Draft drawn in favour of “Udaipur Mineral Development Syndicate Private Limited” payable at Jaipur.

c) All applications must be accompanied by Earnest Money Deposit as

specified in the relevant clause of the bid Application.

d) Successful bidders shall be informed by the Company on or before_24.03.2017 and work orders shall be issued by_31.03.2017.

e) At any time prior to the date of submission of bid application, the

Company may, for any reason, whether on his own initiative or in response to a clarification requested by a prospective Bidder, modify the bid document by an amendment. All prospective bidders who have received the bid document will be notified of the amendment and that will be binding on them. In order to provide reasonable time to take the amendment into account in preparing their bid, Company may at its discretion, extend the date and time for submission of bid application/document.

6

f) Interested eligible bidders may obtain further information from the head office of the Company situated at Jaipur.

5. TECHNO-COMMERCIAL BID - COVER “A”

The Bidder should furnish the following documents/charges in a separate cover hereinafter called "Cover A".

a) Earnest Money Deposit (EMD)

Earnest Money Deposit amounting to Rs. 2,00,000/- (Rupees two hundred thousand only) in the form of Demand Draft/Banker’s Cheque in favour of “Udaipur Mineral Development Syndicate Private Limited” payable at Jaipur. Earnest Money Deposit will not earn any interest. The Earnest Money Deposit of the successful Bidder may, at the discretion of the Company be retained and adjusted towards the Security Deposit payable by the Bidder and the money of unsuccessful Bidder will be refunded to him after two months from the date of opening/finalizing the bid.

b) Constitution of Bidder:

Documentary evidence regarding constitution of the organization/firm/Company/concern such as Certificate of Incorporation, Partnership Deed etc. with details like Name, Address, Telephone Number, Fax Number, E-mail Address/Permanent account number/Service tax registration number of the Bidder with names of the Managing Director/Director/Partners / Proprietor.

c) Power of Attorney of Bidder:

Attested copy of instruments such as Power of Attorney, Resolution of Board etc., authorizing an officer of the bidding firm/company to submit their bids. Such authorized officer should sign the bid application.

d) Undertaking of Bidder:

Undertaking in the form at Annexure-II A & Annexure-II B & Annexure

II C & Annexure II D

e) Registration Certificate:

Attested copies of valid Vehicle Registration Certificates for minimum 5 number of trucks.

7

f) Annual Turnover:

Annual turnover statement for past three financial years in the format given in Annexure-III certified by the Auditor/Chartered Accountant.

g) Execution of similar contracts of Bidder:

Details of transportation made during the last 3 financial years with summary of Work Orders issued by clients in the specified format (Refer Annexure IV).

h) Service Tax Registration Certificate of Bidder:

Valid Service Tax Registration Certificate

i) Undertaking on Fraud & Corruption of Bidder:

Undertaking on fraud and corruption in the format at Annexure-V

j) Agreed Terms & Conditions of Bidder:

Agreed Terms & Conditions as per Annexure VI

k) Signature & Seal on each page:

The bid document signed by the Bidder in all pages with office seal.

l) Checklist of documents

A Checklist (Annexure-VII) for the list of documents enclosed with their page number. The documents should be serially arranged as per this Annexure-VII and should be securely tied or bound.

The above documents should be sealed in a separate cover super scribed as "TECHNICAL BID, COVER “A” (INVITING BID APPLICATIONS FOR

TRANSPORTATION OF GOODS FROM APRIL 01, 2017 TO MARCH 31, 2018)”and addressed to Golcha Group, Golcha Trade Centre “GTC”, 4th Floor, M I Road, Jaipur -302001, (Rajasthan) India. 6. PRICE BID - COVER”B”

8

Cover “B” shall contain the Price Bid in the format at Annexure VIII of the bid document.

a) Signature & Seal on each Page

Each page of the Price Bid should be duly signed by the Bidder affixing the office seal.

b) Signature on corrections

Bid should be typewritten and every correction in the bid should be attested with full signature by the Bidder, failing which the bid will be ineligible.

c) Landed Cost and other charges

The “Price Bid” should contain the destination wise net rate including loading and unloading charges at the delivery location as per Annexure

VIII and while quoting the rates, the bidder is advised to take into account all the factors including any fluctuations in the market rates, toll charges, entry charges etc. No claim shall be entertained on this account after acceptance of the bid or during the currency of the Contract.

d) Rate revision due to change in rate of diesel price

The rates shall be revised (either downwards or upwards) on the 1st of every quarter and the diesel price of the Indian Oil Corporation prevailing on the said date in Jaipur shall be taken to be the base price for the said quarter. However, for every increase/decrease of 1 % in HSD price 0.3% increase/decrease will be allowed on the approved rates for the respective destination.

Following formula will be applicable for calculation of multiplier factor (MF) by which approved rate will be multiplied to arrive at revised rates which will be effective from the 1st day of each of the following quarters based on the diesel rates prevailing as on that date and the said revised rates shall be applicable with respect to the Goods to be loaded only and excluding the Goods which are in transit. The effective rates of Diesel prevailing on the 1st of every quarter shall be taken on the basis of official circular of increase/decrease of the rates from time to time obtained from our authorized fuel/diesel vendor of Indian Oil Corporation.

FORMULA:

9

MF= (1+0.3 A) WHERE A = { (R1 – R2)/R2}

Where R1 new rate of diesel and R2 in rate while biding. While submitting revised bills due to diesel rate changes, transporters must affix proof of new rates (paper cutting/ govt. notification, etc.) to enable the Company to verify applicable MF for such bill.

For Example R1 = Rs. 55.00 per liter, R2 = Rs. 50.00 per liter, A will be Rs 55.00 minus Rs.50.00 = Rs.5.00 divided by Rs. 50.00 = 0.1

Hence MF will be 1+0.3 A i.e 1 + (0.3 X 0.1) = 1.03 If old rate of any destination was Rs 1000/- per metric ton new rate will be Rs.1000.00 X1.03 i.e Rs. 1030.00 per metric ton. In case the diesel prices are reduced the above formula will be applicable for reducing rates.

The above documents should be sealed in a separate cover superscribed as "PRICE BID, COVER “B” (INVITING BID APPLICATIONS FOR TRANSPORTATION OF GOODS FROM APRIL 01, 2017 TO MARCH 31, 2018)”

The two separately sealed covers {Technical bid (Cover “A”) and Price Bid (Cover “B”)} shall be placed together inside another cover which shall be sealed and superscribed as “INVITING BID APPLICATIONS FOR TRANSPORTATION OF GOODS FROM APRIL 01, 2017 TO MARCH 31, 2018” and addressed to Golcha Group, Udaipur Mineral Development Syndicate Private Limited, Golcha Trade Centre “GTC”, 4th Floor, MI Road, Jaipur -302001, (Rajasthan) India. 7. FINALISING OF TENDERS TO BE AWARDED:

Only those Bidders whose Technical Bids are found to be acceptable after technical and commercial evaluation will be evaluated and considered for Price Bid - Cover “B” of the bid. The price bids of bidders not found technically qualified shall not be opened.

8. VALIDITY OF BID:

Bids shall remain valid for acceptance for a period of 90 days from the last date of receipt of the bids. i.e. 06.03.2017.

9. VALIDITY OF OFFER OF SUCCESSFUL BIDDER:

10

The validity of offer of the successful bidder shall be for the contract period of at least 12 months i.e. April 01, 2017 to March 31, 2018 from the date of finalization of the award and the successful bidder will be bound to transport goods at agreed rates and terms during this period. This validity period may be further extended for a period of 3 months at the discretion of the Company.

10. OTHER CONDITIONS:

A. TRANSIT DAMAGE / LOSESS

It is expected by the Company, that the transporters will take utmost care to deliver the Goods to the consignee without any damage / shortage or losses. Neither they shall make deliveries in parts nor “not deliver” the consignment. In the event of any reported damage/shortage/losses/nor-delivery of the consignment, the Company, shall recover the cost towards such damages/shortage/losses/non-delivery from the transporters pending bill/ credit balance or security deposit or from any other sum, which is due to them irrespective of any insurance link up/settlement. However shortage shall be construed to mean number of bags delivered short for Goods transported in packed form and shortage shall be construed to mean weight in case of goods transported in bulk.

B. TRANSSHIPMENT

General: - The transporter will not be permitted to transship the material enroute , which means that trucks those have been loaded with the Company’s, material at the Companies, source location/warehouse shall only reach the delivery location/destination/consignee’s end and the Goods shall in no case be delivered through any other trucks, if in any specific case, transshipment is necessary for reason beyond the control of transporter, prior written permission of the Company shall be obtained by the Transporter, failing which penalty equivalent to 30% of the approved rate of the transportation for that destination will be imposed. However, all damage or shortage of the Goods during the course of transshipment shall be recovered from the transporter as per actuals over and above the aforesaid penalty.

C. TRANSPORTATION OF ANY OTHER MATERIALS

Truck loaded with the Goods should not carry materials belonging to any other party including the Bidders/Transporters. In the event of breach of trust in respect of this aspect of the contract, the Company reserves the right to short close the contract or recover any such amount deemed fit (not less than 200 % of the contracted rate) including initiating action to black list the transporter.

11

D. ROAD ACCIDENT

In the event of an accident enroute, the transporter shall be required to keep the Company informed over the phone and in writing on immediate basis but not later than 24 hours from the time of occurrence of the accident. They shall also report at the nearest Police Station and ensure a pachnama is made and also arrange for survey by an approved surveyor of insurance company. Proof of such accident including photographs and copies of the FIR /Pachnama etc. as required by the Company shall be handed over to the Company as documentary evidence within two weeks of the accident/incident, which compelled the transporter to transship the goods enroute. However, it shall be the responsibility of the transporter to take all precautions and preventive measures including retrieval action to save the cargo from getting damaged. As transshipment is not permitted, the Company reserves the right to deduct any amount towards losses due to transshipment and also reserves the right to penalize the transporter by affecting deductions up to the extent of cost/implication of damages from the existing/future bills other forms of securities held by the Company. In case of trucks carrying the Companies Goods meet road accident enroute, the following procedure should be followed:- a) The transporter shall be required to keep the Company informed over the phone and in writing on immediate basis but not later than 24 hours from the time of accident. b) The transporter shall inform the police in writing and intimate immediately by fax/telephone/ email to the Company enclosing copy of FIR. b) The transporter shall immediately take steps on war footing to protect the Goods from theft, pilferage or damage at the site of accident.

c) The Goods should be immediately transported to the consignee’s destination through alternate truck.

d) The damaged Goods should be delivered without any additional charges at the Company’s warehouse or Source Location within a period of 4 weeks from the date of accident.

e) A pachnama should also be made, copies of which should be given to the Company. However, each of such case shall be dealt by the Authority on its individual merit and in no case production of the above documents

12

shall absolve the transporter from its responsibility and liability on account of loss/damage caused to the Goods.

E. No Revision/Correction of Rates

No Bidder/Transporter shall be allowed at any time on any ground whatsoever to claim revision or modification in the rates quoted by him. Representation to make correction in the bid application on the ground of clerical error, typographical error, etc., committed by the bidders in the Bids shall not be entertained after submission of the bids.

F. Execution of Order

Unless otherwise specified, transportation of Goods should be made directly by the Transporter/Bidder and not through any other agency.

11. ACCEPTANCE OF TENDER

A. Tender Evaluation

Tenders will be evaluated with reference to technical and commercial parameters to determine the technically qualified bidders for the Company. Price Bids of technically qualified bidders will be evaluated with reference to the quoted rates (landed price of each item) or any other parameters which the Company may deem it appropriate as per its discretion. However it is understood that price may not be the sole criteria for awarding the Contract. However if one or more Bidders quote similar rates than the Company may at its discretion once again call for bids amongst such Bidders.

B. Right to Reject the Bid

The Company reserves the right to accept the Bid or to reject the whole bid for the supply of Goods tendered at any point of time without assigning any reason.

C. Bid Acceptance

The acceptance of the bids will be communicated to the successful bidders in writing. The work shall be awarded as follows: L1 may be allocated 50% or more of the approx. volume of work awarded for the respective route

13

L2 may be allocated 30% or more of the approx. volume for the respective route L3 may be allocated upto 20% of the approx. volume for the respective route at the discretion of the Company. Notwithstanding anything mentioned in the Bid Application or any other document executed by the Company, the Company reserves all its rights of finalizing the Contract or arrangement and it is not obligatory on part of the Company to accept any offer whether of L1 or otherwise.

12. AGREEMENT

The successful Bidder shall execute an agreement in the form at Annexure _IX on a non-judicial stamp paper of value of Rs.100/- (stamp duty to be paid by the Bidder) within 10 days from the date of the intimation from the Company informing that his bid has been accepted.

13. NON ASSIGNMENT

The Bidder shall not, at any time, assign, sub-let or make over the contract or the benefit thereof or any part thereof to any person or persons, whatsoever.

14. COMMUNICATION

All notices or communications relating to or arising out of an agreement or any of the terms thereof shall be considered duly served on or given to the Bidder if delivered to him or left at his premises, places of business or abode.

15. SECURITY DEPOSIT

The successful Bidder, shall alongwith signing of the agreement within 10 days from the date of award, be required to submit an amount of interest free Security Deposit constituting 2% of tentative value of the annual work likely to be awarded for each of the respective route as mentioned in Annexure-I subject to minimum of Rs. 3,00,000/-. The amount of EMD deposited earlier shall be adjusted towards the security deposit and the successful bidder shall be required to pay the balance amount after evaluating the same. However, if the successful Bidder fails to execute the agreement or fails to perform the services as per agreement, in addition to other penal actions, the EMD shall be forfeited and shall stand blacklist by the Company.

16. OTHER CONDITIONS

14

A. Work Order

Work Order will be placed from time to time on the successful Bidder at the discretion of the Company.

B. Delivery Period

The delivery of Goods should be completed within/by the days/date specified in the Work order.

C. Delivery Point/Destination

The Goods shall be transported as per the list furnished along with the Work Order or according to the written instructions given separately with reference to the work order.

D. Penalty for Delayed Delivery

(i) In case there is delay in delivery beyond the period of 2 days from

the stipulated period as mentioned in the work order, there shall be a penalty of Rs. 500/- per day for next 3 days of delay and thereafter a penalty of Rs.1000/- per day shall be levied until the delivery of the consignment at its destination.

(ii) In the event there is a delay in delivery of consignment over 3

times in a quarter than the Company shall have a right to seek termination of the contract. Non-performance of the contract provisions shall make the successful bidder liable to be disqualified to participate in any tender for the next 2 years, in addition to forfeiture of Security Deposit and other penal actions.

(iii) Notwithstanding above clauses in the event if any penalty is levied

on the Company by the customer or any other person for the delayed delivery of the consignment of the goods, the Company shall have the liberty to recover the same from the transporter by any means as it deems fit.

E. Alternative Transportation

If the successful Bidder fails to execute the work order within the stipulated time, the Company will be at liberty to make alternative arrangements for transportation of the items, from any other source or from the open market, at the risk and cost of the successful

15

Bidder/Transporter. This would be in addition to any other penalties including forfeiture of security deposit.

17. FORCE MAJUERE

The above conditions of delivery period, price reduction etc. are subject to force majeure conditions which are beyond the control of the transporter, but do not involve fault or negligence of the transporter and are not anticipated. Such events may include but are not limited to riots, mutinies, war, fire, storm, tempest, flood, earthquakes, epidemics, or other exceptional causes like quarantine restrictions, freight embargoes. On specific request made by the bidder the time period of transportation may be extended by the Company at his discretion for such period as it may be consider reasonable.

18. FRAUD & CORRUPTION:

The bidders/transporters shall observe the highest standard of ethics during bidding and during performance of the contract. For the purposes of this provision, the following acts shall be considered as corrupt and / or fraudulent practices -

1. “Corrupt Practice” means offering, giving, receiving, or soliciting directly

or indirectly, of anything of value to influence the action of an official in the procurement process or in contract execution.

2. “Fraudulent Practice” means misrepresentation or omission of facts in execution of contract.

3. “Collusive practice” means a scheme or arrangement between two or

more bidders, with or without the knowledge of the Company, designed to establish bid prices at artificial, non-competitive level.

4. “Coercive Practice” means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in a procurement process or in execution of a contract.

During the process of evaluation of a bid or proposal for award of a contract, if it is detected that a bidder directly or through agent has engaged in corrupt, fraudulent, collusive or coercive practice in competing for the contract in question, then a) the bid shall be rejected and b) declare the firm ineligible for a specific period or indefinitely to participate in a bidding process. However, if any such practice is detected at any subsequent stage or during execution of the contract, the Company will exercise the right to cancel the contract and make suitable alternative arrangement at the risk and cost of such offending bidder.

16

19. LOCAL CONDITIONS:

It will be imperative on each bidder to fully acquaint himself of all local conditions and factors that would have any effect on performance of the Contract. The Company shall not entertain any request for clarifications from the bidder regarding such local conditions nor shall accept any offer conditional to the local factors. No request for any change of price or extension of time schedule of delivery of goods shall be entertained after acceptance of bids.

20. PAYMENT PROVISIONS:

Payments towards the supply of Goods will be made strictly as per the terms and conditions of the Contract and the bid application/document within a period of 90 days from submission of all relevant documents to the satisfaction of the Company and subject to statutory deductions.

21. ANNULMENT OF AWARD, FORFEITURE OF SECURITY DEPOSIT & FRESH AWARD

Failure of the successful bidder to comply with the requirements of signing of Contract and/or submission of Security Deposit within the time schedule as stipulated above and the work order shall constitute sufficient grounds for the annulment of the award and forfeiture of the Security Deposit/EMD. Under such a situation, the proposal may be reviewed for award of the contract on the other technically qualified bidder or go for a fresh bid depending on the circumstance.

22. OVERIDING EFFECT

That none of the terms of the bid application/document and the Agreement can be overridden by the bidder/transporter by executing any instrument or document after the work has been awarded.

23. ARBITRATION

Any dispute whatsoever in any way arising out of or relating to the contract shall be adjudicated through arbitration by the sole arbitrator nominated by the Company. The award of the arbitrator shall be final, conclusive and binding on all parties.

24. SAVING CLAUSE

17

No suit, prosecution or any legal proceedings shall lie against the Company or any person for anything that is done in good faith or intended to be done in pursuance of bid.

25. LAWS GOVERNING THE CONTRACT & JURISDICTION

The contract shall be governed by the laws in force in India. In the event of any dispute arising out of the tender such dispute would be subject to the jurisdiction of the Courts within Jaipur only.

**************

18

Annexure I

SCOPE OF WORK

The transporter is required to transport mineral lumps/chips/ powder packed as well as bulk or any other material from the Company’s ware house/source location to any destination/delivery location within India.

Specific routes and estimated volume of Goods have mentioned herein below.

To State Mode of Payment

Type of Goods

Dausa/Bapi

Chainpura

Ghewaria

Mandalgarh

Rajgarh

Total (Monthly) Yearly Remarks

Bibi Nagar AP To Pay powder 0 0 6.25 0 0 6.25 75

25 MT Every Quarter

Hyderabad AP To Pay powder 0 0 0 125 0 125 1500

Samalkot AP To Pay powder 0 0 0 8.75 0 8.75 105

one truck 20 MT every 2 Month

Guwahati Assam To Pay powder 0 0 0 76.25 0 76.25 915

Patna Bihar To Pay powder 0 0 0 0 0 0 0 Simri Bakhtiarpur Bihar To Pay powder 50 0 0 0 0 50 600

Silvassa Dadra & Nagar Haveli To Pay powder 0 0 0 78.75 0 78.75 945

Daman Daman To Pay powder 50 0 0 0 0 50 600

New Delhi Delhi To Pay powder 62.5 0 0 250 0 312.5 3750

Goa Goa To Pay powder 0 0 0 156.25 0 156.25 1875

Ahemdabad Gujrat To Pay powder 0 0 0 137.5 0 137.5 1650

Anand Gujrat To Pay powder 0 0 0 80 0 80 960

Ankleshwar Gujrat To Pay powder 0 0 0 0 0 0 0

Bharuch Gujrat To Pay powder 0 0 0 0 0 0 0

Gandhidham Gujrat To Be Billed powder 0 0 0 93.75 0 93.75 1125

Gandhinagar Gujrat To Pay powder 0 0 0 125 0 125 1500

Halol Gujrat To Pay powder 0 0 0 10 0 10 120

One Truck Every 2 month

Halvad Gujrat To Pay powder 0 0 0 0 0 0 0

Junagarh Gujrat To Pay powder 0 0 0 0 0 0 0

Kadi Gujrat To Pay powder 0 0 0 20 0 20 240

Kanjari Gujrat To Pay powder 0 0 0 40 0 40 480

Kheda Gujrat To Pay powder 0 0 0 20 0 20 240

Mansa Gujrat To Pay powder 0 0 0 100 100 1200

19

Morbi Gujrat To Pay Lumps 0 3750 3750 500 0 8000 96000

Mundra Gujrat To Be Billed

powder/chips 1000 0 1750 0 0 2750 33000

Open Platform

Nasarpur Gujrat To Pay powder 0 0 0 0 0 0 0

Pipavav Gujrat To Be Billed

powder/chips 0 3500 875 0 0 4375 52500

Open Platform

Rajkot Gujrat To Pay powder 0 0 0 10 0 10 120

One Truck Every Quarter

Surat Gujrat To Pay powder 0 0 0 0 0 0 0

Thangarh Gujrat To Pay powder 0 0 0 66.25 0 66.25 795

Vapi Gujrat To Pay powder 0 0 0 0 0 0 0 Vithal Udyognagar Gujrat To Pay powder 0 0 0 20 0 20 240

Wadhwan City Gujrat To Pay powder 0 0 0 0 0 0 0

Zak Gujrat To Pay powder 0 0 0 0 0 0 0

Ambala Haryana To Pay powder 25 0 0 8.75 0 33.75 405

Ambala Cantt Haryana To Pay powder 0 0 0 0 0 0 0

Bahadurgarh Haryana To Pay powder 12.5 0 0 0 0 12.5 150

Ballabhgarh Haryana To Pay powder 0 0 0 0 0 0 0

Bhiwani Haryana To Pay powder 20 0 0 0 0 20 240

Faridabad Haryana To Pay powder 30 0 0 0 0 30 360

Gurgaon Haryana To Be Billed powder 100 0 0 0 0 100 1200

Hissar Haryana To Pay powder 37.5 0 0 0 0 37.5 450

Jagadhri Haryana To Pay powder 0 0 0 0 0 0 0

Karnal Haryana To Pay powder 81.25 0 0 37.5 0 118.75 1425

Kassar Haryana To Pay powder 0 0 0 0 0 0 0

Palwal Haryana To Pay powder 93.75 0 0 0 0 93.75 1125

Ratia Haryana To Pay powder 20 0 0 0 0 20 240

Rohtak Haryana To Pay powder 165 0 0 0 0 165 1980

Sirsa Haryana To Pay powder 25 0 0 0 0 25 300

Sonipat Haryana To Pay powder 25 0 0 0 0 25 300

Yamunanagar Haryana To Pay powder 50 0 0 37.5 0 87.5 1050

Baddi HP To Pay powder 125 0 0 625 0 750 9000

Close body trucks/Container for Ghw

Barotiwala HP To Pay powder 0 0 0 0 0 0 0

Jharmajri HP To Pay powder 0 0 0 0 0 0 0

Paonta Sahib HP To Be Billed powder 0 0 125 0 0 125 1500

Chakulia Jharkhand To Pay powder 187.5 0 0 0 0 187.5 2250

Jamshedpur Jharkhand To Pay powder 68.75 0 0 0 0 68.75 825

Ranchi Jharkhand To Pay powder 50 0 0 0 0 50 600

20

Bangalore Karnataka To Pay powder 0 0 12.5 250 0 262.5 3150

Tumkur Karnataka To Pay powder 0 0 26.25 52.5 0 78.75 945

Cochin Kerela To Pay powder 0 0 0 0 0 0 0

Kottayam Kerela To Pay powder 0 0 52.5 105 0 157.5 1890

Banmore M.P. To Pay powder 0 0 0 0 0 0 0

Gwalior M.P. To Pay powder 50 0 0 0 0 50 600

Indore M.P. To Pay powder 0 0 125 250 0 375 4500

Malanpur M.P. To Pay powder 0 0 0 0 0 0 0

Akola Maharashtra To Pay powder 0 0 0 26.25 0 26.25 315

Amalner Maharashtra To Pay powder 0 0 25 25 0 50 600

Atgaon (E), Thane Maharashtra To Pay powder 0 0 20 0 0 20 240

Dhule Maharashtra To Pay powder 0 0 0 0 0 0 0

Latur Maharashtra To Pay powder 0 0 0 26.25 0 26.25 315

Mulund Maharashtra To Be Billed powder 0 0 750 0 0 750 9000

Close boby trucks/Container

Mumbai Maharashtra To Pay powder 0 0 100 412.5 0 512.5 6150

Nagpur Maharashtra To Pay powder 0 0 0 0 0 0 0

Nashik Maharashtra To Pay powder 0 0 52.5 62.5 0 115 1380

Pachora Maharashtra To Pay powder 0 0 0 26.25 0 26.25 315

Palghar Maharashtra To Pay powder 0 0 0 26.25 0 26.25 315

Pune Maharashtra

To Pay / To Be Billed powder 125 0 75 52.5 0 252.5 3030

60 Mt. To be billed

Saravali Maharashtra To Pay powder 0 0 0 0 0 0 0

Sindhudurg Maharashtra To Pay powder 0 0 0 0 0 0 0

Solapur Maharashtra To Pay powder 0 0 0 6.25 0 6.25 75

One Truck for Every Quarter

Thane Maharashtra To Pay powder 0 0 0 52.5 0 52.5 630

Ulhasnagar Maharashtra To Pay powder 0 0 0 52.5 0 52.5 630

Umbergaon Maharashtra To Pay powder 0 0 0 40 0 40 480

VADA Maharashtra To Pay powder 40 0 0 0 0 40 480

Wai Maharashtra To Pay powder 0 0 80 0 0 80 960

Raygada orisa To Be Billed powder 100 0 0 0 0 100 1200

Pondicherry Pondichery To Be Billed powder 25 0 250 0 0 275 3300

Ahmedgarh Punjab To Pay powder 0 0 125 375 0 500 6000

Amritsar Punjab To Pay powder 50 0 0 50 0 100 1200

Banah Punjab To Pay powder 0 0 0 0 0 0 0

Batala Punjab To Pay powder 25 0 0 0 0 25 300

Dhuri Punjab To Pay powder 50 0 0 0 0 50 600

Jalandhar Punjab To Pay powder 50 0 0 50 0 100 1200

21

Kahanpura Punjab To Pay powder 18.75 0 0 0 0 18.75 225

Ludhiana Punjab To Pay powder 187.5 0 0 125 0 312.5 3750

Malout Punjab To Pay powder 31.25 0 0 0 0 31.25 375

Moga Punjab To Pay powder 37.5 0 0 0 0 37.5 450

Muktsar Punjab To Pay powder 0 0 0 250 0 250 3000

Phagwara Punjab To Pay powder 0 0 0 12.5 0 12.5 150

Sunam Punjab To Pay powder 50 0 0 0 0 50 600

Alwar Raj To Pay powder 26.25 0 0 0 0 26.25 315

Bharatpur Raj To Pay powder 6.25 0 0 0 0 6.25 75

Bhawani Mandi Raj To Pay powder 0 0 0 0 0 0 0

Bhilwara Raj To Pay powder 0 0 0 62.5 0 62.5 750

Bhiwadi Raj To Pay powder 40 0 0 0 0 40 480

Bikaner Raj To Pay powder 0 0 6.25 0 0 6.25 75

One Truck for Every Quarter

Bundi Raj To Pay powder 0 0 0 52.5 0 52.5 630

Chirawa Raj To Pay powder 0 0 0 0 0 0 0

Dausa Raj To Be Billed Lumps 0 3125 500 0 3125 6750 81000

Dholpur Raj To Pay powder 50 0 0 0 0 50 600

Hindon city Raj To Pay powder 0 0 0 26.25 0 26.25 315

Jaipur Raj To Pay powder 42.5 1875 375 250 0 2542.5 30510

Jhunjhunu Raj To Pay powder 0 0 0 26.25 0 26.25 315

Karoli Raj To Pay powder 0 0 0 20 0 20 240

Kishangarh Raj To Pay powder 0 0 0 0 0 0

Kota Raj To Pay powder 0 0 0 37.5 0 37.5 450

Mandalgarh Raj To Be Billed Lumps 0 5000 1250 0 2500 8750 105000 Dumper

Mertacity Raj To Pay powder 0 0 0 26.25 0 26.25 315

Pipar City Raj To Pay powder 0 0 0 26.25 0 26.25 315

Rajgarh Raj To Be Billed Lumps 0 6250 1250 0 0 7500 90000 Dumper

Ringas(sikar) Raj To Pay powder 0 0 0 125 0 125 1500

Sikar Raj To Pay powder 0 0 0 26.25 0 26.25 315

Sirohi Raj To Pay powder 0 0 0 10 0 10 120

Tonk Raj To Pay powder 0 0 0 10 0 10 120

Chennai Tamil Nadu To Pay powder 0 0 52.5 121.25 0 173.75 2085

Cuddalore Tamil Nadu To Pay powder 0 0 0 0 0 0 0

Erode Tamil Nadu To Pay powder 0 0 52.5 125 0 177.5 2130

Gummidipoondi Tamil Nadu To Pay powder 0 0 0 11.25 0 11.25 135

Maramalai Nagar Tamil Nadu To Pay powder 0 0 0 0 0 0 0

Agra UP To Pay powder 312.5 0 0 0 0 312.5 3750

Aligarh UP To Pay powder 100 0 0 0 0 100 1200

22

Bareilly UP To Pay powder 375 0 0 0 0 375 4500

Chandausi UP To Pay powder 62.5 0 0 0 0 62.5 750

Ghaziabad UP To Pay powder 125 0 0 0 0 125 1500

Hathras UP To Pay powder 187.5 0 0 0 0 187.5 2250

Kanpur UP To Pay powder 42.5 0 0 0 0 42.5 510

Kasganj UP To Pay powder 25 0 0 0 0 25 300

Kasna UP To Pay powder 250 0 0 0 0 250 3000

Kheragarh UP To Pay powder 25 0 0 0 0 25 300

Mathura UP To Pay powder 0 0 0 0 0 0 0

Meerut UP To Pay powder 437.5 0 0 0 0 437.5 5250

Muzaffarnagar UP To Pay powder 31.25 375 0 0 0 406.25 4875

Orai UP To Pay powder 0 0 0 62.5 0 62.5 750

Shamali UP To Pay powder 0 0 0 0 0 0 0

shikohabad UP To Pay powder 50 0 0 0 0 50 600

Haridwar Uttranchal

To Pay / To Be Billed powder 125 0 187.5 0 0 312.5 3750

Udham Singh Nagar, Rudrapur Uttranchal

To Be Billed powder 50 0 0 0 0 50 600

Barakar West Bengal To Pay powder 175 0 0 0 0 175 2100

Chirkunda West Bengal To Pay powder 50 0 0 0 0 50 600

Hooghly West Bengal To Pay powder 0 0 0 7.5 0 7.5 90

Howrah West Bengal To Pay powder 45 0 0 187.5 0 232.5 2790

Kolkatta West Bengal To Pay powder 187.5 0 0 500 0 687.5 8250

Thru By Rail / Truck

Mathabhanga West Bengal To Pay powder 100 0 0 0 0 100 1200

Panchmahal West Bengal To Pay powder 0 0 0 0 0 0 0

SILCHAR West Bengal To Pay powder 0 0 0 0 0 0 0

Siliguri West Bengal To Pay powder 50 0 0 0 0 50 600

Total 6090 23875 11873.

75 6668.7

5 48507.

5 582090

Year 73080 286500 142485 80025 582090

Note-: 1. Podwer packed in different type of packing

2. Chips Packed in Jumbo bags 3. Lumps in loose condition

4. Distance from Raj Garh to Mandal Garh is 50 KM. and Chaipura & Ghewaria to mandalgarh is 50 KM. Approx

5. Distance from Chainpura to Rajgarh is 10 KM and Ghewaria to Rajgarh 10 KM.

6. Transportation for Pipawa & Mundra pick the empty container from ICD jaipur on platform & material

load from Dausa/Chainpura/Ghewaria 7. Transportation for Kishangarh pick the empty container from ICD jaipur on paltfrom & material load

from Dausa/Chainpura/Ghewaria

23

8. Loading charges in various locations are as follows:-

a. Dausa – Rs 39/- per ton

b. Bapi – Rs 36/- per ton

c. Chainpur – Rs 45/- per ton

d. Ghewaria – Rs 45/- per ton

e. Mandalgarh – Rs 45/- per ton

Note:

In case material is load by JCB, the charges shall be Rs 32/- per ton.

Loading charges will be revised as per Govt norms from time to time

Desinations State Mode of Payment

Type of Goods Yearly Plan Remarks

Manesar Gurgaon To Be Billed powder 1250.00

Koregaon Bhima Pune To Be Billed powder 1235.00

Khatima Rudrapur To Be Billed powder 300.00

Hinganwadi Pune To Be Billed powder 466.67

Sriperumbadur Chennai To Be Billed powder 450.00

Ranjangaon Pune To Be Billed powder 332.50

Chettipedu Chennai To Be Billed powder 86.00

Bhiwadi Bhiwadi To Be Billed powder 73.33

Shirur Pune To Be Billed powder 803.33

Alwar Neemrana To Be Billed powder 700.00 Truck Load 12 mt.

Bawal Bawal To Be Billed powder 90.25

Seduepet Pondy To Be Billed powder 1000.00

Jejuri Pune To Be Billed powder 843.33

Bhiwadi Bhiwadi To Be Billed powder 533.33

Ranipet Chennai To Be Billed powder 354.17

Dadra Silvasa To Be Billed powder 50.00

Markal Pune To Be Billed powder 391.67

Somnath Road Daman To Be Billed powder 1200.00

Nasik Sinnar To Be Billed powder 356.67

Shirur Pune To Be Billed powder 140.00

Banglore Banglore To Be Billed powder 256.67

Jotun Pune To Be Billed powder 300.00 40 fit truck required for 20 mt.

In these destination truck load not more than 21 Mt. Material Despatch from Dausa & Ghewaria(Bhilwara)

24

ANNEXURE II A UNDERTAKING (by the Bidder)

(to be typed on non judicial stamp papers of Rs. 100/-) To

Udaipur Mineral Development Syndicate Private Limited, Jaipur Mineral Development Syandicate Private Limited, Golcha Minerals India Private Limited, Golcha Talc (Golcha Group) Fourth Floor, Golcha Trade Centre, MI Road, Jaipur Bid Application No.______________

Sir, 1. I, Shri _________________________________, on behalf of M/s

_______________________________________________ having registered office at __________________________, do hereby declare that I have gone through the terms and conditions mentioned for the above and undertake to comply with all terms and conditions of the Bid Application and Agreement. The rates quoted by me/us are valid and binding on me/us for acceptance for a period of twelve months (i.e. April 01, 2017 to March 31, 2018) after award of contract to us.

2. I/We undersigned hereby bind myself/ourselves to the Office of

……………………………….to transport …….…………………… ………. It is certified that rates quoted are lowest quoted for any institution in the vicinity and not higher than the prevailing market rate.

3. We agree to the conditions of the tender under which the EARNEST MONEY

DEPOSIT and SECURITY DEPOSIT shall be forfeited by the Company. 4. We hereby undertake to pay the penalty as per the terms and conditions of the

contract for delayed supply of the Goods. 5. We agree to accept the amount of the bill to be paid by the Company after

completion of all formalities and should any amount of the bill found by the Company to have been over-paid; the amount so found shall be refunded by me/us.

6. The Company has the right to accept or reject any or all the bids without

assigning any reason.

25

7. We understand all the terms and conditions of the contract and bind

myself/ourselves to abide by them. 8. SIGNATURE : NAME & DESIGNATION : DATE : NAME & ADDRESS OF THE FIRM :

26

ANNEXURE II-B UNDERTAKING

(to be typed on non judicial stamp papers of Rs. 100/-) To

Udaipur Mineral Development Syndicate Private Limited, Jaipur Mineral Development Syandicate Private Limited, Golcha Minerals India Private Limited, Golcha Talc (Golcha Group) Fourth Floor, Golcha Trade Centre, MI Road, Jaipur Tender No.______________ For supply of ___________________

We,…………………………………………………………………………….. do

hereby declare that presently we do not stand blacklisted by the Company or debarred

from participating in tenders of such organization and are therefore eligible to

participate in the said Bid Application No………………………….……

Date……………………..

We also hereby declare that we shall not employ any person or any of its relative

directly or indirectly who is a employee of the Company or in any of the group

companies or any affiliates etc. of the Company and nor shall we indulge in or have

directly or indirectly any business interest either through an employee of Company or

any of employee’s relative.

SIGNATURE : NAME & DESIGNATION : DATE : NAME & ADDRESS OF THE FIRM :

27

ANNEXURE-III

ANNUAL TURNOVER STATEMENT OF THE BIDDER The Annual Turnover of M/s ______________________________________ for the past three financial years are given below and certified that the statement are true and correct.

Sl No. Year Turnover in Lakhs

1. 2013-14 2. 2014-15 3. 2015-16

Total - Rs.____________ Lakhs

Avg. - Rs.____________ Lakhs Date :

Signature of Auditor / Chartered Accountant

(Name in Capital Letters)

Seal :

28

ANNEXURE - IV

Performance Statement (of the Bidder) Bid Application No: Sl. Name of the Goods

transported

Year Transportation Value

Name and full address of the Customer

1 2 3 4 5

1

2

3

4

5

6

7

8

9

10

(Please use additional sheets if required) SIGNATURE :

NAME & DESIGNATION :

DATE :

NAME & ADDRESS OF THE COMPANY/FIRM:

29

ANNEXURE V

UNDERTAKING ON FRAUD & CORRUPTION (for bidder)

We ……………………….. do hereby undertake that, in competing for (and, if the award

is made to us, in executing) the subject contract for transportation of goods under Bid

Application no ……………………………………………………… we shall strictly observe

the terms and conditions against fraud and corruption in force in the country.

SIGNATURE :


DATE :

NAME & ADDRESS OF THE FIRM :

30

ANNEXURE– VI





AGREED TERMS & CONDITIONS

Tender No. & Date ___________

1. Details of Bidder

Bidder Name : Offer Ref : Contact Person : Telephone No : Signature : Fax No : E-mail :

PAN No : Service Tax no. : 2. Definitions

1. “Company” means and includes Golcha group entities i.e. M/s Udaipur

Mineral Development Syndicate Private Limited, M/s Jaipur Mineral Development Syndicate Private Limited, M/s Golcha Mineral India Private Limited and M/s Golcha Talc including all its affiliates or his authorized representative.

2. “Bidder” means a person or firm or company or other body corporate who has made an offer for supply of goods and /or service as per Bid Application.

3. “Transporter” or “Supplier” means a person or firm or company, to whom the work order is addressed for transporting/supplying the Goods and/or rendering its services.

4. “Delivery location/Site” means the premises of the purchaser or any other place as decided by the Purchaser where the Goods are to be delivered.

NOTE: The questionnaire below must be duly filled in and should be enclosed with un-priced Technical Bid, (Cover A). If necessary, details including deviations to the terms and conditions of the bid

31

application/document, if any, should be enclosed as annexure to this questionnaire.

Sl. No. Description Bidder’s/Transporter’s/Suppliers Confirmation (Confirmed/Noted/Deviation furnished separately)

C. Technical

1 Confirm that you meet the eligibility criteria as per bid document and have furnished relevant documents.

2 Confirm acceptance of Technical Specification and scope of supply as per Bid Application/Document.

3 In case of deviations, confirm that the same have been highlighted separately.

4 Confirm that literature and technical data, wherever applicable, have been enclosed.

5 Confirm that all certificates/ documents furnished.

6 Confirm that Earnest Money Deposit (EMD) as per bid application/document has been furnished in Cover A

D. Commercial

1 It is noted that any deviations to the commercial terms and conditions shall lead to rejection of offer.

2 Confirm that the quoted landed price is inclusive of loading & unloading charges, freight, toll tax and all other charges payable during the course of delivering the Goods at the delivery location/destination.

3 It is noted that the statutory variations in taxes and duties within the contractual delivery period shall be borne by the Company.

4 Confirm acceptance of Penalty to be levied in terms of clause 16 D as mentioned hereinabove for the delay until the delivery of the consignment at

32

its destination.

5 Confirm acceptance of Delivery Period as indicated under clause 16 (b) & Annexure I of the bid application/document.

6 Confirm acceptance of relevant payment terms specified in the bid application/document.

7 It is noted that delivery period, price reduction, termination etc are subject to Force Majeure Condition as stipulated in the bid application/document.

8 Confirm that the quoted prices are in Indian Rupees and shall remain firm & fixed till complete execution of the order.

9 Transportation, loading/ unloading and are Bidder’s/Transporters responsibility. However, to protect the Goods from physical damages and/or deterioration due to weather during transit, Bidder/Transporter to ensure proper packing & handling arrangement.

10 Confirm that EMD/security deposit as defined in the Bid application/document and the Contract in the form of a Draft/Banker Cheque/Cheque payable at par shall be furnished.

11 Confirm that you shall observe the highest standard of ethics during bidding and in case successful with an work order, the execution of the work order will be completed, without resorting to any fraud, corruption and/or coercion.

SIGNATURE :


33

DATE :

NAME & ADDRESS OF THE COMPANY/FIRM :

34

ANNEXURE-VII CHECK LIST

Sl. Cover A Yes No

1 Bid Application/Document Fee furnished

2 EMD in the form of DD/Cheque payable at par/ Banker’s Cheque furnished

3 Documentary evidence for the Constitution of the Company/Firm etc.

4 The instruments such as Power of Attorney, Resolution of Board etc.

5 Undertaking as per Annexure II A & B

6 Registration Certificates

7 Annual Turnover Statement for 3 years (Annexure – III)

8 Performance Statement as per Annexure IV

9 TDS undertaking as per Annexure II C

10 Undertaking on Fraud & Corruption as per Annexure V

11 Agreed Terms & Conditions as per Annexure- VI

12 Undertaking for Service Tax as per Annexure II D

Sl. Cover B Yes No

1 Price Bid as per Annexure VIII

35

ANNEXURE VIII PRICE BID

BID APPLICATION/DOCUMENT NO…………………………………….

Sl Name of Route (from-to)

Delivery Time (No. of days)

Estimated Annual volume in metric ton

Type of Goods (Powder, Lumps, Chips etc)

Type of Vehical required(open trucks or closed containers)

Rate per metric ton

Taxation total rate per metric ton

Total

1 2 3 4 5 6 7 8

1

2

3

4

5

6

7

8

9

10

11

12

13

14

GRAND TOTAL (IN Rs)

Diesel Rates @......................... As on date of submitting quotation

SIGNATURE : NAME & DESIGNATION : DATE : NAME & ADDRESS OF THE COMPANY/FIRM:

36

ANNEXURE-IX Form of Agreement

This Contract Agreement (hereinafter referred to as “Agreement”) made and entered

into this, _______th_______, 2017 between

Udaipur Mineral Development Syndicate Private Limited and having its registered office at GTC, 4th Floor, M. I. Road, Jaipur, Rajasthan through its authorized representative Mr.____________ authorized vide board resolution dated ________ passed by the Board of Directors of the Company, Jaipur Mineral Development Syndicate Private Limited and having its registered office at GTC, 4th Floor, M. I. Road, Jaipur, Rajasthan through its authorized representative Mr.____________ authorized vide board resolution dated ________ passed by the Board of Directors of the Company Golcha Minerals India Private Limited and having its registered office at GTC, 4th Floor, M. I. Road, Jaipur, Rajasthan through its authorized representative Mr.____________ authorized vide board resolution dated ________ passed by the Board of Directors of the Company Golcha Talc and having its office at GTC, 4th Floor, M. I. Road, Jaipur, Rajasthan through its Partner Mr.____________ authorized by the partners of the Firm (hereinafter referred to as (the “Company”) which expression shall include its successors and permitted assigns) of the ONE PART

(‘entities of Golcha Group’)

AND

M/s XYZ Transport Company and having its office at

................................................................. through its authorised representative Mr.____________ authorised vide board resolution dated ________ passed by the Board of Directors of the Company, (hereafter called (the “Transporter”) which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its affiliates, successors, and permitted assigns) of the OTHER PART. The ‘Company’ and the ‘Transporter’ will be individually referred to as Party and jointly as Parties as the context requires.

37

WHEREAS the Company is engaged in the business of Mining, manufacturing, processing, trading, export and import, marketing, distribution and sale of various products i.e soapstone in the form of lumps/chips/powder or any other materials (‘Goods’) which are required to be transported to different places, throughout India. WHEREAS the Transporter is engaged in the business of transporting Goods and has approached the Company offering its services for transportation of Goods on a principal to principal basis and the Company has agreed to avail of the services of the Transporter, on agreed terms and conditions mentioned in the bid application/document and hereinafter. WHEREAS the Company requires a fleet of motor transport truck to transport the Goods to such different places and, therefore, invited bids from selected Transporters. WHEREAS the Company invited bids for transportation and delivery of Goods and ancillary services, and has accepted a bid by the Transporter for the transportation and delivery of Goods and ancillary services more specifically defined in Schedule A and it is now agreed to enter into this formal agreement recording the said terms and conditions on which the bid is accepted. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meaning as are

respectively assigned to them in the Condition of Contract referred to. 2. The following documents shall constitute the Contract between the Company

and the Transporter, and each shall be read and constructed as an integral part of the Contract:

(a) This Contract Agreement (b) (c) General Conditions of Contract (d) Technical Requirements (including Technical Specifications) (e) The Technical and Price bid (f) The Purchaser’s Notification of Award (g) Work order or any other documents issued by the Company from time to

time 3. The Company to the Transporter as hereinafter mentioned, the Transporter

hereby covenants with the Company to provide the Transportation and delivery of certain Goods and ancillary services and to remedy defects therein in conformity in all respects with the provisions of the Contract.

38

4. The Company hereby covenants to pay the Transporter in consideration of the provision of the transportation and delivery of certain Goods and ancillary services and the remedying of defects therein, the Contract price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

5. DEFINITIONS

Unless repugnant to the context the following terms shall have the meaning assigned to them hereunder:

a. ‘Delivery locations’ means the delivery of the Goods to the designated

location as indicated by the Company and such delivery location shall deemed to mean and include to have a radius of 50 sq. kms of the city as mentioned as designated location;

b. ‘Goods” means the products to be transported from the locations

indicated by the Company in the work order to the designated delivery locations;

c. ‘Lorry Receipt’ shall mean the receipt issued by the Transporter also

known as Consignment Note/Goods Receipt (GR)/bilty;

d. ‘Source locations’ means the location from which Goods are loaded on to the Trucks for delivery to the designated location;

e. ‘Transshipment’ means the transfer of Goods from one truck to another;

f. ‘Transportation’ means movement of Goods from the Source Locations to

the Delivery Locations as mentioned in Schedule A and as directed by the Company and shall also include the ancillary services;

6. SCOPE OF SERVICES

6.1 That the Company hereby appoints the aforesaid XYZ Roadways & Co. Ltd. as the Transporter to transport and provide ancillary services only such part/quantity of the Goods to be dispatched by the Company or such part of it as the Company may decide from time to time every day from the Source Locations to different delivery locations at different places in India. A list of such source and delivery locations is given in the Schedule A hereunder written.

39

6.2 That at the time of loading, a complete list or inventory of the Goods will be made and reduced to writing in quadruplicate duly signed by the Transporter or its authorized representative by way of acknowledgement of receipt of the Goods and out of which three copies, will be retained by the Company or his agent and one copy will be retained by the Transporter. Out of the three copies one copy will remain with the Company/Consignor and two copies thereof will be given to the driver of the truck. In the event bags are loaded, the number of bags so loaded and the weight thereof will be noted in writing and such writing will be conclusive evidence of the number of bags loaded on the truck. In case of every such truck, the estimated period that will be required to reach the destination will also stipulated and mentioned on the said consignment note, however the period of delivery cannot exceed the time mentioned in the work order. No truck will be loaded with bags weighing more than the recognized or official carrying capacity of the truck. The Company will direct or give instructions as to the destination where the truck is to be unloaded and the bags delivered and the bags will be transported and delivered to that delivery location/destination accordingly. On such delivery the Transporter’s agent or driver will obtain a receipt on the Lorry Receipt for the number of bags delivered and the said Lorry Receipt will be produced and delivered to the Company.

6.3 That the Transporter agrees and undertakes to make available as many trucks as will be required to transport the Goods every day, as may be informed and offered by the Company. The Transporter will use its own trucks and/or take such other trucks required on hire from other transporters. The Transporter shall transport Goods from Source locations to Destination Locations as required by the Company from time to time.

6.4 That the trucks made available shall be roadworthy and in running

condition and the drivers thereof will be having valid driving licenses. The Company shall be entitled to call for inspection of the truck permits and drivers licenses and upto date paid vehicle tax receipts and the insurance cover of each truck and as an when required, the Transporter shall arrange to produce the same for inspection of the officer or officers of the Company in charges of the transport work or any other Officer authorized by the Company.

6.5 That the Company’s officer will indicate to the Transporter every day the

number of trucks required within 48 hours for loading and the time or times at which trucks should be made available at the Source Location. The Company shall inform vide a telephonic call and also through an

40

electronic mail, the Transporter’s local office between 9.00 a.m. to 5.00p.m. on any given day, of its requirement of trucks for each of the source locations and the Transporter shall ensure that the requisite number of trucks report to the respective Source locations between 9.00 a.m. to 11.00 a.m. on the next day but in any case within 48 hours of such intimation. If for any reason any truck is detained at the source location for any time on that day the Transporter will not be entitled to charge any detention charges. In the event the Transporter fails to provide the required vehicles and comply with the present condition, the Company shall be at liberty to transport its Goods at its own through vehicles of other transporters and accordingly entitled to charge and set-off for transportation and all other expenses and the same shall be deducted from either of the bills amount payable to the Transporter. Also a penalty of Rs. 1000/- per vehicle will be recovered by any of the means, if the Transporter fails to provide required vehicles within the stipulated period.

6.6 In the event transportation cost is borne by the Company, the Transporter

will at the end of each fortnight submit a statement of the Goods transported in the fortnight and the invoice alongwith the necessary supporting documents to the Manager or Officer in charge of the Company and after the same is verified by him. The payment for the Goods transported will be made to the Transporter by the Company subject to all statutory deduction and further deduction of any claim of the Company against the Transporter under any provision of this Agreement.

6.7 When the Goods are loaded from the Source locations, the representative

at the Source locations shall provide to the Transporter, all required documents, including a challan or Invoice document in duplicate. The Transporter shall acknowledge receipt of the Goods from the Source locations on one of the challan copy. It is mandatory for the Transporter to get the tare weight done prior to loading the truck and after the truck is loaded weightment shall be done at the Source Location and in case of limitations with respect weightment at the source location, the transporter shall get the weightment done at the Company authorized Dharam Kanta and submit the weighment record to the authorised representative of the Company on the date of dispatch.

6.8 The Transporter shall deliver the Goods under each

challan/Invoice/Goods received/Lorry Receipt only to the consignee specified by the Company or to any other person, whom the Company may direct and share/sent the documentary proof of such delivery along

41

with the bill for payment to the Company or the Consignee as the case may be and as directed by the Company.

6.9 The Transporter shall subsequent to the delivery of the Goods, hand over

the Lorry Receipt for the delivered Goods along with the bill to the Company within 30 days to the company in the “to be Billed cases”. However, In the case of “to pay” Lorry Receipt, Transporter shall communicate the date of delivery & name of the consignee to whom material was delivered to the Company in writing, through an electronic mail or any other mode specified by the Company, to the satisfaction of the Company.

6.10 The Company reserves the right to load the truck lower than the

maximum capacity of the truck as prescribed under the RTO rules governing the States where the Goods are loaded. The Company also reserves the right to negotiate the freight separately in respect of Goods having very low bulk density adversely affecting the loading capacity and however the freight shall not be negotiated in the event there is any variation upto 7% of the loading capacity compared to the actual load and the decision of the Company shall be final and binding upon the parties to the present Agreement.

7 PRINCIPAL TO PRINCIPAL BASIS 7.1 It is agreed and understood between the parties that the Agreement is on a

principal-to-principal basis. Nothing in the Agreement shall constitute or be deemed to constitute the Transporter as an agent of the Company.

7.2 The Transporter shall not, without the specific written approval of the

Company: a. Enter into any Agreement in the name of or purporting to be made on

behalf of the Company ; b. Pledge the Goods of the Company or impose or attempt to impose any

contractual obligations, on the Company either in its own offices, factories or depots or on its invoices, bills, letter heads or papers or any other place or by any other means, oral or written or make any statement or representation purporting or liable to induce others to believe that it is the agent of the Company.

7.3 Nothing contained in this Agreement shall be deemed to preclude the Company

from undertaking Transportation on its own or arranging for Transportation by or from any other party. This Agreement is entered into non-exclusive basis and

42

there is no commitment by the Company for any minimum tonnage load, or mileage.

8 TRANSPORTER’S OBLIGATIONS 8.1 The Transporter shall be responsible for following:

a) Obtaining valid licenses, permits, etc with regard to the vehicles used and to secure any such registrations, approvals and licenses which may become applicable during the continuance of this Agreement;

b) Each vehicle provided by the Transporter shall be compliant with the RTO rules & regulation all the time.

c) Ensuring the completeness of all documentation viz. Lorry receipt , invoice, Weigh slip, Road permits etc, where entry permits are applicable for intra-state transportation;

d) Comply with all the laws, regulations and requirements of any Government and of any municipal or other authority having jurisdiction in any manner whatsoever with regard to the subject matter of this Agreement;

e) Ensure that driver of the truck carries a valid driving license and all other necessary papers required by the laws prevailing in India for the time being and does not suffer from any disability;

f) The Transporter shall ensure the tracking of vehicle by providing mobile number of driver, GPRS system, any other mobile based tracking system or any other similar tracking system as required by the Company from time to time;

g) The Transporter should be able to trace the vehicle within 2 hrs. at any point

in time. h) in no circumstances shall an employer-employee relationship be created with

the Company nor will it be directly or indirectly or vicariously liable for any claims/demands made by the Transporter’s employees;

i) In case the documentation is incomplete and the Goods are seized at the check post, the Transporter shall be liable to reimburse to the Company the damages/cost incurred by the Company to sort out the problem. Detention charges in these cases will not be applicable;

j) The expenses for consumption of petrol/diesel, oil and other things required for the running of the truck will be borne and paid by the Transporter and so also all charges required to be paid for repairs if any required.

k) The Company shall not be liable for any losses or damages suffered by the Transporter due to negligence attributable to act or omission of Transporter;

l) Transporter has to manage any exigencies on road and has to ensure that Goods reach safely;

43

m) Truck shall reach from source locations to destination location and vice versa within the time frame stated in Schedule A and the work order. Any delay in reaching the destination location shall be informed to the Company for necessary action;

n) Transporter agrees to the delivery period stated in Schedule A and the work

order. In case of delivery beyond the said stipulated period, a penalty of Rs. 500/- per day for next 3 days of delay and thereafter a penalty of Rs.1000/- per day shall be levied by the Company on the Transporter until the delivery of the consignment at its destination. Also in the event there is a delay in delivery of consignment over 3 times in a quarter than the Company shall have a right to seek termination of the contract.

o) In the event of any pilferage, mishap, accident of truck, Transporter will report the incident to the Company within 24 hours of the occurrence of the incident.

p) Transporter shall not use any empty space in truck to load any other material not belonging to the Company.

q) Transporter shall not use the trademark “Golcha Group & its group companies or any of its affiliates” or any other trademark of the Company as part of its corporate name, trademark, or trade name.

r) Transporter agrees that the Company and its designated representatives shall have the right, upon reasonable notice, to audit all applicable records of Transporter for the purpose of determining compliance with the compliance obligations set forth and any Company Policies applicable to the Services provided under this Agreement and the terms of this Agreement. This right to audit shall extend throughout the term of this Agreement and for the later of a period of two years after termination of the Agreement or resolution of any disputes between the Company and Transporter hereunder.

s) The Transporter shall ensure all the documents provided by source/delivery location shall be handed over to the relevant person.

t) The property in the Goods shall at all times remain and shall be deemed to be vested in the Company and the Transporter shall at no time have any right of lien or any similar rights on the Goods. The Transporter herein expressly waives its contractual right of lien on the Machinery and the Company shall at all times have unrestricted access to the Goods at any point of transportation.

u) Deposit an interest free security by cheque/DD for a value equvilent to 2% of the approx. value of the volume to be transported as per the route specified in Schedule A to the Company which shall be returned within a period of 3 months after successful completion of the contract period.

v) During the course of transportation of the Goods, none of the drivers or any of his supportive staff, of the Transporter plying the trucks shall carry or be under the influence of Alcohol, drugs etc. while performing his duty.

44

8.2 The Transporter shall operate vehicles entirely at his own risk and the Company shall in no case be held responsible for any damage done to the vehicle or to third parties during Transportation or when parked in their premises. The Transporter shall be solely and exclusively responsible for any loss/damage to the consignments due to accidents, robbery, theft, pilferage, seal tampering, rough handling or due to any other reason whatsoever while the same are in their custody The Transporter will take all precautions for protecting the goods from contamination, rain, wind and heat and if any damage is caused to the goods on account of rain, wind or heat the Transporter will make good the loss. It shall be the sole responsibility of the Transporter that it shall ensure the company for timely lodging of FIR with police or report to any other authority for theft, pilferage, damage, losses, etc.

8.3 If the Goods or any part thereof suffer damage or loss due to any of the reasons aforesaid, the Transporter will immediately inform the Company and such loss or damage will be ascertained and assessed at the place of destination and before the delivery is accepted by the person in charge at the delivery location/destination to which it is to be delivered.

8.4 Providing Services: Transporter shall provide Services in a professional and ethical manner, pursuant to the standards, rules and regulations of any applicable accreditation organization.

8.5 Employees: It is clearly understood and agreed by and between the parties that

every person so engaged by Transporter to execute its obligations under this Agreement shall not have any claim or right, whatsoever against the Company. Transporter shall be solely responsible for their terms and conditions of services, safety, etc. and on no account Transporter’s persons shall be deemed to be employees of the Company.

8.6 Compliance with laws: Transporter shall provide the Services in compliance

with all laws and regulations applicable to providing such Services. 8.7 Sub-Contract/Assign: Transporter shall not subcontract/assign any of its

obligations hereunder, including to any affiliate, without the prior written consent of the Company and if the obligations are assigned after obtaining the approval of the Company, Transporter shall be responsible for ensuring that any permitted subcontractors/assignees comply with this Agreement.

8.8 Transporter shall not, directly or indirectly, make any payment, offer or promise to make any payment or transfer of anything of value to a governmental official

45

or employee, or to any political party or any candidate for political office, with the purpose of influencing decisions favorable to the Company and its business.

8.9 Employment of Young Persons: Transporter shall comply with the Company’s Policy on Employment of Young People as follows:

This policy applies to the employment by Transporters of persons under the age of 18 (“Young Persons”) in any services provided to the Company.

8.10 Laws: Transporter shall provide Services to the Company in a professional and ethical manner consistent with the standards of practice existing within the community; the standards, rules and regulations of applicable accrediting organizations; and, all applicable laws and regulations, including, but not limited to, the Company & its group companies Employment of Young Persons Policy, as aforementioned and Healthcare Compliance Business Integrity Guide as informed and explained to the Transporter by the Company.

8.11 Approvals: Transporter also warrants that it has all permits, approvals and

licenses necessary to carry out the services set out in this Agreement and in fulfilling its obligations hereunder, Transporter shall assign only persons with the appropriate training and qualifications to perform the services and shall complete the services within the timelines specified herein, if any.

8.12 Transporter shall not employ any person or any of its relative directly or

indirectly who is employee of the Company in any of the companies of the Company and neither the Transporter shall not indulge in or have directly or indirectly any business interest either through an employee of Company or its relative which are owned or controlled by the Company.

8.13 During the course of transport the Transporter shall take proper care of the goods

as a prudent person would normally do, that is as a bailee.

9. PAYMENTS AND ACCOUNTING

The Company shall pay to the Transporter, transport charges in respect of each truck as per the rates agreed upon between the parties and as mentioned in Schedule A.

a. Subject to the terms and conditions of these presents, the Company or its clients, as the case may be, shall pay the Transporter as per the rates mentioned in Schedule A.

46

b. The Company or its clients, as the case may be, shall only pay the freight charges through account payee cheque within a period of 90 days from the date of receipt of the original freight bill, along with the Lorry Receipt, copies acknowledged from Delivery Locations and other relevant documents from the Transporter. However Payment of Freight Charges shall be subject to deduction of tax at source, service tax or any other taxes as applicable from time to time and all other deduction to be made as per the terms of this Agreement.

c. Bill shall contain the service tax number and category of the services.

d. The Transporter shall intimate the Company in writing if the Goods received

note is not provided by the Delivery Location. On receipt of this intimation the Company shall make direct inquires with the designated delivery location.

e. Payment shall be made by the Company, only after carrying out all necessary

statutory and other deductions to be carried out by the Company as per the terms of the Agreement.

f. In the case of “to pay” the freight shall be paid by the consignee on time and safe delivery of material.

g. The Transporter shall be solely liable to pay any toll tax/charges/cess or other

Govt. levies payable during the course of transportation of the Goods to the delivery location.

h. Loading and unloading charges shall be borne by the Transporter only.

i. The Transporter shall ensure to get the tare weight and the gross weight of the trucks at only Company’s Dharamkanta or any other Dharamkanta authorized by the Company done at his own cost.

j. Loading of material which require fork lift or Crane/shovel shall be done by the company. All loading charges, unless otherwise specified shall be borne by the Transporter.

10. TRANSHIPMENT

a. The transporter will not be permitted to transship the material enroute , which means that trucks those have been loaded with the Company’s, material at the Companies, source location/warehouse shall only reach the delivery location/destination/consignee’s end and the Goods shall in no case be

47

delivered through any other trucks, if in any specific case, transshipment is necessary for reason beyond the control of transporter, prior written permission of the Company shall be obtained by the Transporter, failing which penalty equivalent to 30% of the approved rate of the transportation for that destination will be imposed. However, all damage or shortage of the Goods during the course of transshipment shall be recovered from the transporter as per actuals over and above the aforesaid penalty.

b. In the event of transhipment of Goods under clause (a) above, the Transporter

agrees that damage of any sort during the process of transhipment shall be considered as shortage and necessary recovery shall be affected from Transporter’s bill.

c. The parties agree that in case of delays on account of transhipment, the

Company shall decide the grace period that may be granted to the Transporter on a case to case basis. In the event of any delay beyond the agreed grace period, Transporter shall pay penalty charges to the Company which shall be decided by the Company on a case to case basis.

11. QUALITY OF TRUCKS

a. The trucks provided by Transporter shall meet the following quality requirements as stated in Schedule B.

b. The Transporter shall ensure that the truck drivers follow the discipline within

the factory premises as mentioned in Schedule B.

c. The Company reserves the right to return / refuse any truck in the event of non-conformance to any quality requirements of truck. In such cases, Transporter shall replace the truck for the destination and failure of which would entitle the Company to debit the differential cost of hiring trucks from any other source to the Transporter’s account.

d. In the event of a truck breaking down, the Transporter shall arrange for another

truck to unload the Goods from the former truck and tranship it to the desired location. No additional charges shall be paid for such additional service rendered by the Transporter.

12. DAMAGES AND PROTECTION

a. Transporter shall ensure proper packing/covering of the Goods loaded in the truck at all source locations, where the ropes are tied with the tarpaulins to prevent damage to the bags. In case of any negligence in this regard, the

48

Company reserves the right to recover from the Transporter the loss that may be sustained by the Company.

b. During movement of trucks inside the Source locations and/or Delivery

Location, if there is any damage to property and the Company has incurred expenses in repair/replacement of the same, then the Company shall recover the same from the Transporter.

c. At the delivery location, the Transporter shall ensure the recording of

leakage/damages on the Lorry Receipt while taking acknowledgement from the person -in-charge at the source location & the delivery location.

d. The figures indicated in the ‘Lorry Receipt’ for damages/leakages shall be

considered to be correct and used for all penalties/deductions as well as determination of business share of the Transporter.

e. The Transporter shall be responsible for the safety and good condition of the

Goods from the time of loading Goods at Source locations till delivery at the Destination Location. The responsibility shall cover every manner of risk in the course of the Transportation of Goods. In the event of any loss or damage arising in the course of transporting the Goods, it shall solely be the Transporter’s responsibility for making good, the value of such a loss or damage to the Company.

13. SHORTAGES / LIQUIDATED DAMAGES

If the goods are not transported by any truck within the period stipulated in the consignment note (unless the delay is due to any accident to the truck or or due to any force majeure such as floods, heavy rains or otherwise or due to road blocking by reason of any hartal or strike) the the Transporter shall pay a penalty of Rs. 500/- per day for next 3 days of delay and thereafter a penalty of Rs.1000/- per day shall be levied by the Company on the Transporter until the delivery of the consignment at its destination as liquidated damages and the same will be liable to be deducted out of the transport charges payable to the Transporter. Also in the event there is a delay in delivery of consignment over 3 times in a quarter than the Company shall have a right to seek termination of the contract. It is understood and agreed that for shortages in receipt of Goods at Delivery Location, the Company shall recover the loss on account of short receipt of Goods. The same shall be valued at the actual value of the Goods. The Company shall have the right to recover this amount by deducting the same from the Freight bill or any amount payable to Transporter. However shortage shall be

49

construed to mean number of bags delivered short for Goods transported in packed form and shortage shall be construed to mean weight in case of goods transported in bulk. Further all damage or shortage of the Goods during the course of transshipment shall be recovered from the transporter as per actuals over and above the aforesaid penalty. In the event the Company insures the consignment in its name and the amount of insurance claim received for the loss or damage will be adjusted against the amount payable by the Transporters for such loss or damage.

14. REPRESENTATIONS & WARRANTIES

14.1 Transporter hereby represents and warrants to the Company that:

a. Transporter is entitled to enter into this Agreement and provide the Services;

b. The Transporters will not transport any other goods belonging to any other party by the truck carrying the Company’s goods.

c. By entering into this Agreement, Transporter shall not be transferring in any manner whether directly or indirectly any liabilities or claims to the Company ;

d. By entering into this Agreement, Transporter shall not conflict with,

breach, cause a default under or result in the termination of any contract, Agreement or understanding, oral or written, including, without limitation, any non-competition covenant, to which the Transporter is a party or by which the Transporter is bound;

e. Transporter further represents and warrants that it does not, and

Transporter’s personnel do not, have any obligation, whether express or implied, to any third party that would interfere with, hamper or limit its ability to provide the Services or to comply with any other obligations under this Agreement.

f. Transporter warrants that it has all permits, approvals and licenses

necessary to carry out the Services and in fulfilling its obligations hereunder, Transporter shall assign only persons with the appropriate training and qualifications to perform the Services and shall complete rendering of Services within the timelines specified herein.

14.2 Company hereby represents and warrants to Transporter that:

50

a. It is a Company incorporated/registered under the applicable laws and is duly organised, validly existing and in good standing under the Indian Laws.

b. Company has full corporate power and authority to enter into this

Agreement.

c. By entering into this Agreement, Company does not violate any of the previous arrangements entered into with other entities to which it is a party.

15 CONFIDENTIAL INFORMATION

15.1 The Parties agree that, Confidential Information shall mean any of the following:

a. Product information, marketing procedures, pricing information, data, customer and client records, reports, analysis, new business projects and any business, corporate or trade information relating to the subject matter of this Agreement and disclosed by the Company to the Transporter at any time;

b. All information disclosed by the Company to the Transporter at any time.

15.2 The Transporter hereby undertakes to the Company as under:

a.To maintain the confidentiality of the Confidential Information;

b. To use the Confidential Information only for the purpose of carrying out its obligations under this Agreement;

c. not to disclose the Confidential Information to any person or make use of or take advantage of the Confidential Information for any purpose other than as specifically permitted by this Agreement;

d. To take all steps necessary to ensure that the Confidential Information is kept confidential and to maintain proper and secure custody of all Confidential Information;

e. Not to copy the Confidential Information or permit the copying of the Confidential Information in any form other than as permitted by this Agreement;

f. upon request, to return the Confidential Information to the Company, together with any copies of the Confidential Information, and not to make use of the Confidential Information in any manner so as to obtain any benefit, right or privilege for itself or for any other person that would not have been available but for it having access to the Confidential Information.

51

15.3 Transporter may disclose the Confidential Information to any of its officer,

employee, agent, assignee, sub-contractor etc who has a specific need for access to the Confidential Information, but only to the extent that such disclosure is necessary in order to provide Services under this Agreement and that such person is bound by obligations of confidentiality.

15.4 The obligations of confidentiality under this Agreement shall not extend to information that:

a) Is public knowledge, other than as a result of a breach of this Agreement;

b) Is already known to Transporter at the time of disclosure;

c) Is obtained by Transporter from a third party who has a lawful right to disclose it;

d) Transporter is required by law to disclose;

e) Has been, is being or later is independently developed by Transporter without use of or resort to the Confidential Information and this can be proven by written records.

15.5 On the termination or expiry of this Agreement, whichever is earlier or at the Company’s request during the tenure of this Agreement, all Confidential Information and material supplied by the Company granted hereunder shall be destroyed or returned at the Company and Transporter shall hand over to the Company, a letter confirming the destruction of the Confidential Information.

16 USE OF TRANSPORTER 'S PERSONAL INFORMATION

Transporter's personal data obtained in the performance of this Agreement, may be used in the future for further commercial purposes, including, without limitation, to make Transporter aware of new products and services the Company may offer, and to communicate with Transporter regarding other consulting or other business opportunities.

17. CONFLICT OF INTEREST

The Company understands that Transporter may now have and may in the future enter into service agreements with other companies, including affiliates of the Company. Transporter recognizes that in order to preserve the confidentiality of the Company's proprietary information, the Company may not wish to utilize Transporter's services if similar services are provided in the same

52

field to a competing Company. Transporter therefore agrees to promptly notify the Company of any such potential conflicts.

18. PUBLICITY

Neither Party shall use the name of the other for any promotional purposes without the prior written consent of the Party whose name is to be used, nor shall either Party disclose the existence or contents of this Agreement except as required by law.

19. INDEMNITY 19.1 The Transporter shall indemnify and at all times keep the Company indemnified

against:

(a) all actions, proceedings, claims, demands or prosecutions whatsoever which may be brought, commenced or instituted against the Company for the damages or loss or accident caused to any third party during the carrying on of the said transport activity and also against all costs, damages and expenses which the Company may in any way pay or incur in defending or settling the same in consequence thereof.

(b) Consequences arising out of his or his representative’s default or negligence or

non-adherence to Municipal/State/Central Act, Rules, Regulations, Orders or Direction issued from time to time relating to carriage of Goods. If any claim is made on the Company for any loss, damages or compensation to third parties arising out of or in relation to Transportation carried on by Transporter, such loss, damages or compensations shall be immediately reimbursed by the Transporter to the Company together with the cost incurred on any legal proceeding pertaining thereto.

(c) Any claim for all employee related liabilities viz. ESIC/Bonus/PF, etc. that may

be raised on the Company by any employee of/or appointed by the Transporter or any Govt. agencies under the relevant statutes during the subsistence of this Agreement.

(d) Breach of any obligations by the Transporter of as stated in this Agreement.

20 TERM & TERMINATION

a. Duration: This Agreement shall commence on 1st day of April, 2017 (the “Effective Date”), and unless sooner terminated as provided in this Section or elsewhere in this Agreement, continue for a period of fourteen months (“the

53

Term”). Thereafter, the Parties may agree to renew this Agreement for additional period on mutually acceptable terms and conditions.

b. Termination: the Company may terminate the Agreement without cause by

providing to Transporter prior written notice of thirty (30) days.

c. Breach: If the Transporter commit breach of any term of this agreement or if any declaration made or assurance given by this agreement is proved to be wrong or if the Transporter deliver the goods or any part thereof to a wrong person and the Company thereby suffers a loss or damage to goods, the Transporter will be liable to make good the same, without prejudice to the right of the Company to terminate his agreement with immediate effect by giving a written notice in that behalf to the Transporter- and may also initiate legal action for the breach. Any unexpended funds based on the above pro-ratio and previously paid by the Company to Transporter must be refunded to the Company.

d. Surviving Obligations: Termination or expiration of this Agreement for any reason will not effect or negate any obligations of the Parties which arose prior to the effective date of such termination or expiration. Additionally, the provisions and obligations of the Agreement shall survive and be binding on the Parties after termination or expiration of this Agreement.

21 NOTICE

All notices and other communications required under this Agreement will be in writing and will be either sent by registered ad, speed post, courier or fax as follows:

if to the Company address to: Golcha Group, Marketing Division, GTC,4th Floor, M.I. Road, Jaipur-302001 . if to the Transporter to: M/s XYZ Transport Company.......................

or to such other persons or addresses as any party may request by notice given as set forth above. Notices will be deemed given at the earlier of the time of personal delivery or two (3) business days after the date mailed in the manner set forth in this paragraph. 22 FORCE MAJEURE

54

22.1 If either Party is prevented, directly or indirectly, from performing any obligation under this Agreement or arising in connection herewith, by reason of acts of God, war, riots, fire, floods, earthquakes, inclement weather, governmental action, legal requirements or any similar cause, whatsoever, beyond the reasonable control of the Party claiming relief under this Section (collectively referred to herein as “Force Majeure”), such delayed performance or non-performance shall not constitute a default hereunder and the affected party shall be given an additional time to perform equal to the delay caused by the event of Force Majeure, provided, however, that the party so affected shall promptly notify the other in writing not later than Twenty Four (24) hours of the occurrence of any such circumstances with all pertinent facts relating thereto.

22.2 Non-performance of an obligation pursuant to this Section shall not terminate

this Agreement in respect of the obligations affected by the event of Force Majeure; they shall be resumed upon the cessation of the event of Force Majeure. In respect of the obligation not affected by the event of Force Majeure, the parties shall perform them as if no event of Force Majeure had occurred.

22.3 In the event of Force Majeure, the Parties shall consult and agree upon the

appropriate measures to be taken to eliminate, mitigate and minimise the consequences of such Force Majeure.

23 MISCELLANEOUS 23.1 Transporter shall not be entitled to assign any of its rights or obligations under

this Agreement without prior written consent of the Company. 23.2 This Agreement shall govern the relations between the Parties concerning the

said Transport Activity. Alterations or variations in the terms of the same shall not be valid unless made in writing and signed by both the Parties.

23.3 The failure of Company at any time to require performance by the other party of

any of these terms, provisions or conditions of this Agreement shall in no way effect its right thereafter to enforce the same, nor shall the waiver by either party of any breach of any terms, provision, or condition hereof.

23.4 All notices under this Agreement shall be in writing and shall be served by

sending the same by Registered Post Acknowledgement Due addressed to the party for whom it is meant at its registered office.

23.5 These presents represent the entire Agreement between the parties hereto on the

subject matter hereof and cancels and supersedes all prior Agreements,

55

arrangements or understandings, if any, whether oral or in writing, between the parties hereto on the subject matter hereof.

23.6 No modification of this Agreement shall be deemed effective unless in writing

and signed by each of the Parties, and no waiver of any right included here will be deemed effective unless in writing and signed by the Party against whom enforcement of the waiver is sought.

23.7 The Transporter hereby agrees to and accepts that the Company shall have the

right to engage Transporters from the open market and debit the contracted Transporter with the differential freight in the event of the Transporter’s failure to provide trucks as per the Company’s requirements.

23.8 Governing Law: This Agreement will be governed by the laws of India and the

Courts of Jaipur shall have exclusive jurisdiction. 23.9 All claims or differences or other disputes, which arise out of or in connection

with this appointment, which cannot be amicably settled by mutual discussion and consent shall be referred to Arbitration under the Indian Arbitration & Conciliation Act, 1996 and the Rules framed there under, for the time being in force in India. The Arbitration proceedings will be held in Jaipur and the language of the proceedings shall be in English. The Company will appoint a sole Arbitrator who shall adjudicate upon the dispute and upon following the due procedure, shall pass an Award. The decision / Award of the Arbitrator Umpire shall be final and binding on both the parties. The arbitration shall be conducted in Jaipur.

23.10 If any of the provisions or a portion of any provision of this Agreement is held to

be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions will not be affected.

23.11 This Agreement represents the entire Agreement between the Parties and

supersedes all prior negotiations, representations or agreements, written or oral, regarding the Services to be provided by Transporter. In the event of any conflict between the terms and conditions of this Agreement and those of any other agreements entered into pursuant to this Agreement, this Agreement's terms and conditions will control.

23.12 This agreement is executed in duplicate and each of which will be considered an

original, one copy will remain with the Company and the other copy will remain with the Transporter.

56

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS THE DAY AND YEAR FIRST ABOVE WRITTEN. For and on behalf of the Company Signed: ____________________________________________________ In the capacity of [insert: title or other appropriate designation] In the presence of _____________________________________________ For and on behalf of the Transporter Signed: _____________________________________________________ In the capacity of [insert: title or other appropriate designation] In the presence of _____________________________________________

SCHEDULE A (TO BE INSERTED)

SCHEDULE B QUALITY AND SAFETY REQUIREMENTS

The following requirements are extremely important for the Company & its group companies and affiliates towards meeting its norms of Safety and Quality. Vehicles would need to comply with the following conditions, failing which they will be sent back. 1. Only 2 persons (Driver & Cleaner) will be allowed with the vehicle inside the

factory. 2. Smoking, drinking Alcohol, Drugs or chewing of tobacco are NOT allowed within

the factory premises 3. Meals to be had at designated place only. 4. Vehicles must be driven only by the driver having valid driver’s license. In

particular, cleaner is strictly prohibited from driving the vehicles, if he does not have a valid driver’s license. All relevant documents – viz. Vehicle RC Book / Vehicles permit / Driver’s license & other related papers should be available with driver & should be produced on demand.

5. Within factory premises, speed limits as clearly mentioned on signboards are to be strictly adhered. In particular, speed limit signs and “No Entry” and “One Way Entry” signs to be strictly followed.

6. The truck surface should be clean & dry while coming into the factory premises. 7. There should be no holes on any surface as well as side body. 8. The storage area should not be damaged. (due to Broken wooden planks, nail

projecting outside etc.,) 9. The lorry/container should be free from bad odours, strong smelling chemicals and

other substances etc., like chemicals / soap which will deteriorate the quality of finished Goods.

57

10. It should be free from coal dust, calcium hydroxide dust, cement, mud, etc., 11. The storage area should be absolutely dry prior to loading. 12. The tarpaulins / polythene sheet should be sufficiently big (without any tear /

holes). They should be used on the floor of the truck prior to loading & covering finished stocks after loading.

13. Rope & rope guards should be used to secure the finished Goods and the concerned person doing the same shall mandatorily use a helmet while performing such work, which will be provided by the Company.

14. When Lorries move towards loading points, cleaners should guide the lorry properly. Without their guidance Lorries should not move.

15. All the trucks entering the factory should possess the emission test certificate. 16. The transporter shall be completely responsible for adherence to the above safety

guidelines by truck drivers / cleaners / other personnel being arranged by them and any penalty for non-adherence to the above guidelines shall rest with the transporters.

17. The COMPANY has the right not to release to the TRANSPORTER Goods damaged by the TRANSPORTER as these must be subjected for proper destruction.

18. The TRANSPORTER agrees to abide by other polices, rules and regulations imposed by the COMPANY that would apply to the conduct and quality of service of the TRANSPORTER and its individual personnel. Also, the TRANSPORTER agrees to be subjected to regular performance evaluation by the COMPANY, which the latter shall provide the TRANSPORTER the details and mechanics at an appropriate time.

Documents

GOLCHA GROUP INCLUDES - Global Tenders · 2017-02-24 · 2 golcha group includes m/s udaipur mineral development syndicate private limited m/s jaipur mineral development syndicate