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SAMSONITE SOUTH ASIA PVT LIMITED RFQ (Request for Quote) for Road Transportation from Nasik Page 1 of 25 Samsonite South Asia Pvt Limited www.samsonite.co.in R F Q (Request for Quotation) RFQ Number Supply Chain/ Samsonite’s /01 dated 1 st July 2013 Road Transportation From Nasik Confidentiality This invitation to an offer is given in the understanding that the contents of this document will not be divulged to any third party without prior written consent from Samsonite South Asia Pvt Limited

Samsonite South Asia Pvt Limited · 2013-07-13 · SAMSONITE SOUTH ASIA PVT LIMITED RFQ (Request for Quote) for Road Transportation from Nasik Page 5 of 25 16. A web based vehicle

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Page 1: Samsonite South Asia Pvt Limited · 2013-07-13 · SAMSONITE SOUTH ASIA PVT LIMITED RFQ (Request for Quote) for Road Transportation from Nasik Page 5 of 25 16. A web based vehicle

SAMSONITE SOUTH ASIA PVT LIMITED RFQ (Request for Quote) for Road Transportation from Nasik

Page 1 of 25

Samsonite South Asia Pvt Limited

www.samsonite.co.in

R F Q (Request for Quotation)

RFQ Number

Supply Chain/ Samsonite’s /01 dated 1st July 2013

Road Transportation

From Nasik

Confidentiality

This invitation to an offer is given in the understanding that the contents of this document will

not be divulged to any third party without prior written consent from

Samsonite South Asia Pvt Limited

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SAMSONITE SOUTH ASIA PVT LIMITED RFQ (Request for Quote) for Road Transportation from Nasik

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Introduction

Samsonite South Asia Pvt Limited has authorized M/s e-Procurement Technologies Ltd., to conduct the online

negotiations on its behalf.

Accordingly,

1. Request for Quotes from interested Transporters subject to acceptance of the terms and conditions of this RFQ, to

be offered during the negotiation, as per schedule mentioned.

2. To participate in the negotiations, interested party are requested to submit this RFQ along with

refundable/adjustable Earnest Money Deposit (EMD) of Rs 1 lac only payable by Demand Draft in favor of

Samsonite South Asia Pvt Limited payable at Nasik. EMD to all the unsuccessful bidders will be returned within

four weeks from the date of auction .EMD to successful bidders will be returned back on receipt of the Bank

Guarantee which is 2 % of the annual order Value or Rs. 25 lacs whichever is higher and acceptance of the

contract. In case of not abiding by the RFQ terms and conditions or failing to respect to bid price (Inordinate delay

in starting the service, not providing the trucks etc) after the auction, the EMD will be forfeited.

3. Samsonite South Asia Pvt Limited reserves the right to allow or disallow the Bidders to participate in selected Lots, without assigning any reason whatsoever.

4. List of delivery destinations and the indicative volumes (per annum) are given in Annexure 3 along with expected

transit time. The destinations are clubbed into 6 different Lots as given in Annexure 3.

5. Online Initial Sealed Bid: Bidder needs to give their indicative price to the Samsonite South Asia Pvt Limited during the online sealed bid. Timings of the online sealed bid will be of 60 minutes only. The selected Quotes will be invited for final e-auction, the rate finalized after e-auction will become the accepted rate for the particular destination, and the proposed business in such volumes will be offered to the willing Carriers and Transport Agreements will be entered into at the sole discretion of Samsonite South Asia Pvt Limited..

The scope of the offered business in the routes, the indicative volumes, the contract period, payment terms, diesel price

variation clause, the conditions to be met and the proposed draft agreement to be entered into are given along with this

RFQ. Bidders are requested to closely study and understand the same before submitting their offer. However, please note

these are not exhaustive and could be subjected to change.

Transportation Contract Requirement

I. JOB DESCRIPTION

Transportation of finished goods ( luggage , footwear and accessories) from Samsonite South Asia Pvt Limited, Nasik by road/container to various destinations across Northern India as advised by Samsonite South Asia Pvt Limited.. The various loading points at Nasik are as per annexure-1

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SAMSONITE SOUTH ASIA PVT LIMITED RFQ (Request for Quote) for Road Transportation from Nasik

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II. VALIDITY OF THE CONTRACT:

The contract shall be valid for three (3) years with effect from 1st July 2013. However, periodic reviews shall be

held with the transporters to discuss implications of techno-economic factors such as volume to be transported, product mix, service levels, customer requirements etc. The contract may be extended or renewed at the discretion of Samsonite South Asia Pvt Limited after joint deliberations.

III. PRODUCT- MIX

Samsonite South Asia Pvt Limited products are transported in Scooter Body / Half Scooter Body/ 32 ‘Container Body / Trailers in the form of rectangular . The carton weight and volume varies from SKU to SKU. The carton weight range from 2 kg to 20 kg with average of 8 kg. The average carton dimensions are 590mmx810mmx330mm (Carton dimensions varies from the SKU to SKU).

IV. TONNAGE TO BE DESPACHED

Yearly road dispatch in terms of vehicles expected from Samsonite South Asia Pvt Limited, Nasik to various destinations are shown in Annexure-3. The quantities mentioned are indicative only and do not amount to any commitment from Samsonite South Asia Pvt Limited.

V. FLEET REQUIREMENT

1. Disclosure of current owned fleet and plan to purchase dedicated vehicles for this job should be provided to Samsonite South Asia Pvt Limited and the same has to be submitted along with signed RFQ and EMD. It is mandatory that transporters must have a minimum of 25 owned / fully dedicated vehicles.

2. Truck/ Container dimensions should be such that minimum 400 cartons can be fitted in a truck.

3. Vehicle age should not be more than 7 years and shall be free from all encumbrances. Encumbrances on the vehicle if any shall be fully complied at all times.

4. Addition/ removal of any vehicles during the period of contract should be informed immediately to Mother Warehouse In charge. Removal of vehicles without the written consent of Mother Warehouse In Charge shall be treated as breach of contract. At any point of time if owned/fully dedicated vehicles reduce by more than 20% without the written approval of Mother Warehouse In Charge, Samsonite South Asia Pvt Limited will have the right to suspend / terminate the contract immediately.

5. Vehicle’s owner must comply with all relevant Indian laws/acts/statutes before placing vehicles for transportation.

6. Transporters placing the vehicles must comply with all relevant Samsonite South Asia Pvt Limited safety, quality and environment norms as communicated by Samsonite South Asia Pvt Limited from time to time.

7. Samsonite South Asia Pvt Limited reserves the right to inspect the vehicles placed for transportation and reject the non-compliant vehicles at any point of time.

VI. SERVICE LEVEL REQUIREMENTS

1. Vehicle placement should be within 24hrs of issue of stock transfer order (STO) / delivery order (DO) over phone as well as on email.

2. 100% materials must be delivered within the specified transit times (as per Annexure-3).

3. Quality of service delivered should be such that the material delivered to Samsonite South Asia Pvt Limited stockyard/customers should be in the same condition as it was loaded at Nasik.

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4. Transporters should ensure that materials are stacked as per norms defined by Samsonite South Asia Pvt Limited before leaving the Factory / Mother Warehouse until it reaches the consignee. Any deviation in product packaging / open cases / Leaking cases during loading at the loading points at Nasik shall be brought to the notice of the consignor immediately. Top and bottom Tarpaulin covering for all products is mandatory in all Monsoon season and advisable in all other seasons.

5. Samsonite South Asia Pvt Limited issues the materials in bulk. Load building as per issued tonnage is

transporter’s responsibility and they have to do efficient load building to ensure that the entire material allotted to them in the order is liquidated and that there is no residual quantity left. In case where load building as per the vehicle capacity is not possible, Samsonite South Asia Pvt Limited will endeavor to top up the order quantity. Transporter cannot plan to do multi-plant / multi-customer’s delivery.

6. The Transporters shall comply with all statutory compliance including the loading of the vehicles in

accordance with the prescribed statutory limit or as notified from time to time under the Motor Vehicles Act and the rules made there under or any other applicable provision. Transporters will be solely responsible for any violation of the same. Transporters are expected to place vehicles suited to the product weight and volume. Transporter shall strictly adhere to code of conduct as communicated from time to time.

7. Under normal circumstances, transshipment of any material en route would not be allowed. Transshipment

of material is allowed only if, there is a prior written or e-mail approval from Mother Warehouse In Charge.

8. Transporters should ensure that their adequate numbers of representatives are available for co-ordination with Samsonite South Asia Pvt Limited during stock point timings. Their representatives should be adequately trained and competent to carry out the duties and perform the function in relation to the provision of the services in an efficient, safe and environmentally conscious manner. They must be able to exit the vehicles from loading point premises within 1hr after generation of all documents provided by Samsonite South Asia Pvt Limited like waybill, invoice, etc. Representative should collect the revised/latest Code of Conduct, safety norms security norms, loading norms etc. from Mother warehouse in charge and ensure compliance of the same.

9. Unless specifically asked by Samsonite South Asia Pvt Limited, all cartons have to be transported in direction mentioned on cartons to prevent product damage during transit and handling, and follow stacking guidelines for all products as directed by Mother warehouse in charge .

10. Transporters shall inform Mother warehouse in charge as well as the consignee within 24 hrs in the event of

en-route breakdown about the nature of breakdown and likely number of hours of delay for further delivery of the consignment. In case if expected delay is more than 2 days, Transporter shall arrange alternative vehicles at their own cost for dispatching the materials, subject to clause 7 above.

11. Transporters must ensure that they and their representatives comply with all the safety & security standards

defined by Samsonite South Asia Pvt Limited.

12. Vehicles loaded with Samsonite South Asia Pvt Limited material shall not carry any other material / third party’s materials.

13. Weekly tentative dispatch plan for road transportation will be given by Mother warehouse in charge office in

advance to the transporters by e-mail to the email address of transporters as provided by them. This is expected to help the transporters in planning their fleet requirement in advance and place the right type and number of vehicles. However the transporters need to be fully guided by day-to-day gate pass balance so as to achieve 100% vehicle placement compliance.

14. Transporters shall provide information to Mother warehouse in charge office about the next 3 days incoming

vehicles in advance.

15. In case of direct dispatches, transporters shall update information of delivery within 24 hrs to Mother warehouse in charge office by telephone or through email.

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16. A web based vehicle tracking system will be developed. Transporters are expected to follow the SOP of that

system as and when it is developed in future.

17. Transporters shall provide an exception e-mail report with reasons on daily basis to Mother warehouse in charge informing consignments likely to be delayed beyond stipulated delivery dates along with revised firm committed dates.

18. All documents meant for customers should be carried properly in plastic folders.

19. The vehicle crew members (driver and helper) should be properly dressed at the time of loading and

unloading of material.

20. Drivers of all the vehicles shall have mobile number, and the said number to be given at the time of loading to the loading incharge.

21. The CEOs of the transport companies shall have to make presentation to Samsonite South Asia Pvt Limited

every Half yearly highlighting the improvements made by them and their future plans.

VII. PERFORMANCE REVIEW: Performance of all Transporters shall be assessed on a monthly basis by Mother warehouse In charge. This shall be an important criterion for reallocation of share of business during the half yearly performance review. The rating shall be based on the following parameters:

1. Vehicle placement: This will be arrived at by calculating percentage of number of vehicles placement

within 24hrs against the issued load advise . 2. Transit Time Compliance: This will be arrived at by calculating percentage of number of vehicles

reaching within transit time against the total number of deliveries made during a month. Transit time will be calculated from the date of Invoice to GRN date.

3. Quality of delivery: In case if there is no incident of damage, 100 points will be awarded otherwise zero. The reporting date in our system will be considered as the date of event and noting on LR will be final and binding.

4. Safety Violation: In case of any accident of vehicles, 3 % from overall performance will be deducted.

Sr. No.

Parameters Weightage

(in %)

1. Vehicle placement (In percent) 80

2. Transit Time compliance (In percent) 10

3 Quality of delivery 10

Transit Time compliance will be calculated vehicle wise.

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Own vehicles will be matched as per the list provided by the respective transporters

Overall performance shall be calculated as per the following formula:

Overall Performance = 0.80* Score of Vehicle placement + 0.10* Score of Transit time compliance + 0.10*score of

quality of delivery (100/0) – (deduction due to safety violation if any)

A performance review of monthly rating will be held every six months. Based on the relative performance, Mother Warehouse In Charge may alter the share of business and award a higher share of business to the superior performer(s) subject to transporter’s acceptance. Alternatively the share of business of transporters performing poorly may be reduced. All transporters performing below 70 % shall not be considered for upward review. In case if their performance is below 70% in three consecutive months, their contract may be suspended / terminated / reduced business share at Samsonite South Asia Pvt Limited discretion. These performance parameters can be modified as and when required. Samsonite South Asia Pvt Limited also reserves the right of removing transporter and/or adding of a new transporter in the list of approved Transporters by changing business share as and when required.

VIII. COMMERCIAL TERMS & CONDITIONS

A. BASIS OF FREIGHT RATES:

1. Unit for freight rates for the destinations listed in Annexure-3 will be per vehicle basis, and would be inclusive of all applicable duties, taxes and levies / tolls, wherever applicable as on the date of finalization of rates except service tax and cess thereon.

2. The freight rate for the destination would be per vehicle basis of the corresponding destination from Nasik.

3. Freight bills will be computed on the basis of number of vehicles provided for a particular destination as

indicated in Annexure -3. 4. Loading and unloading of materials shall be done by the transporter from the gate of the loading

point and at the gate of the unloading point respectively.

5. All transit risks shall be to the account of Transporters. Samsonite South Asia Pvt Limited shall not be

liable for any damages to transporters or their vehicles.

6. No detention charges are payable under any circumstances. However, Transporters may point out specific instances of detention to Mother Warehouse In Charge for taking corrective action.

7. Any Octroi /entry tax payable for inward material to a stock yard / consignee’s premises shall be paid for

by the transporter and shall be claimed as reimbursement . Wherever the transporter is required to make payment for Octroi/ entry tax, the same shall be claimed by the transporter from Samsonite South Asia Pvt Limited based on invoices raised by them enclosing the original receipt issued by the respective Octroi authorities and in turn certified by the respective Depot in charge.

B. RATES FOR ADD ON DESTINATION

Rates and transit times for new destinations within a radius of 50 km from any of the existing destination as specified in Annexure-3 would be same as that of the existing destination.

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C. REVISION OF FREIGHT RATES DUE TO DIESEL PRICE VARIATION:

Freight rates finalized will remain fixed, firm & binding for the entire period of the contract except for variation on account of changes in diesel price. Freight adjustment on account of diesel price variation would be done as indicated below:

1. Diesel price at Nasik on as applicable on date of implementation of contract will be considered as base price.

2. Diesel price applicable at Nasik will be considered as reference price for freight review.

3. The freight rates will be considered for revision if weighted average diesel price at Nasik for the preceding three months period or part thereof is beyond +/- 10 % from the base price. For any change(increase or decrease) in diesel price up to +/- 10 %, freight rates would not be revised any time during the contract period. Diesel component as a percentage of freight rates will be 25%. Refer Annexure 4 for detailed example.

4. The new rates of each destination would be rounded-off to the nearest integer and shall be made effective from the 1st day of the month following the 3-month period. The new rates so finalized shall remain effective until the next fuel rates escalation beyond 10 % of the new base price.

D. PENALTY PROVISIONS :

Following penalty provisions would be in force during the tenure of the transportation contract:

1. Late delivery: For delay in delivery compared to the stipulated Transit time, there shall be a provision of penalty as mentioned in the table below:

Delay (in Days)

Late Delivery Penalty from the date of expected delivery date (Rs/day)

0 to 2 days NIL

Above 2 days

1000/day from date of expected delivery date

Late penalty will be automatically deducted from the transportation bills. In the case of force majeure, this penalty can be put up for consideration to Mother Warehouse In Charge of Samsonite South Asia Pvt Limited for waiver if it is informed within two days of the occurrence of force majeure cases and submission of proper evidence of occurrence within 7 days.

3. Indemnification: Transporters will be solely liable and responsible for any violation of any statutory provision including that mentioned in the above clause VI-6 as well as breach of any terms and condition of this Agreement and shall indemnify Samsonite South Asia Pvt Limited against all claims, demand made and / or any penalty / interest imposed by any authority or claimed by any third party/customer on Samsonite South Asia Pvt Limited including all expenses incurred or to be incurred or loss suffered by Samsonite South Asia Pvt Limited due to breach of any terms and condition by transporter under this agreement.

Notwithstanding to the aforesaid violation, Samsonite South Asia Pvt Limited reserves the right to collect / gather information in any manner, which it may, deems fit and monitor on a periodic basis towards the compliance of the above by the transporters. In case of non-compliance by the Transporter, Samsonite South Asia Pvt Limited may take appropriate punitive action for any such breach / violation of the terms and conditions of this Agreement, against the Transporter after serving due written notice in this regard. Samsonite South Asia Pvt Limited decision in this regard shall be final and binding on the Transporter.

4. Risk-purchase

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If the transporter fails to lift the material within 24 hr of STO issuance, Samsonite South Asia Pvt Limited shall be at liberty to engage any other agency including existing transporters (road/rail/container) to transport the material by any mode of transportation at higher rates and recover the differential amount plus 10% of contracted freight value of the destination per day from the defaulting transporters’ bills. It may be noted that this 24hrs will start from midnight of the day on which material is issued.

If alternate mode of transport is cheaper or equal to the existing road freights, 3% of the existing road

freight value against the transfer tonnage will be deducted from the transporters’ bills.

5. Damage to consignment: In cases of damage to the consignment, joint inspection will be done by Samsonite South Asia Pvt Limited Officials [including CFA for this purpose] and Transporter or their representative. After the joint assessment, damages up to the value of Rs 50000/- will be recovered by Samsonite South Asia Pvt Limited from Transporters. And if damages are more than Rs 50000 /- Samsonite South Asia Pvt Limited will raise claim with the insurance company and transporter shall complete procedures up to raising of the said claim. However, Rs 50000/- plus 5% of damage cost will be deducted for any damages above Rs 50000/-. For joint assessment the transporter will be informed 48hours in advance and in case if transporter or their representative doesn’t report, the assessment of damage done by Samsonite South Asia Pvt Limited will be final and binding.

6. Shortage/ Loss to consignment: For lost/ short delivery of consignments, the MRP value shall be deducted and in addition, no freight shall be payable on pro rata basis .

7. Loss / wrong delivery of Documents: There would be penalty on the transporter of Rs 2000/- or the actual penalty levied by the statutory authorities, whichever is higher, for any instance of loss of documents and Wrong Delivery of document (e.g. wrong vehicle no. in way bill of other party etc.).

Adequate care shall be taken by the transporters to ensure cautious carriage of documents in transit since these would be ownership documents along as prescribed under the law, which are very important for subsequent transactions. The procedure to be followed for tackling any situation of a lost legal document shall be as follows: -

Transporter would immediately inform the Samsonite South Asia Pvt Limited in writing about the loss of legal document .

Transporter would immediately lodge an FIR and furnish the original of FIR to the Depot In charge in case of stockyard dispatches and to the customers in case of direct dispatches. The Depot incharge would intimate the jurisdictional appropriate authority regarding the loss of document and obtain acknowledgement in writing.

8. Violation of Safety, Security, Quality & Environmental Norms: In case of violation of any safety/security/quality/environmental norms, the penalties (including suspension/blacklisting) will be applicable as per the Samsonite South Asia Pvt Limited rules circulated from time to time.

E CERTIFICATION OF RECEIPT OF MATERIAL

The receipts will have to be certified by the consignee. The original LR will be presented along with the bills to Samsonite South Asia Pvt Limited. Short receipt against LR would be debited to the transporter at MRP. A copy of the LR would be kept as a record with the transporter and would be presented on a future date when required.

F SUBMISSION OF BILLS

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Transporters will submit the freight bills to Mother warehouse in charge office along with the LRs for payments within 15 days from the date of delivery of materials.

G PAYMENT TERMS

All Payments would be made within 60 days from the date of submission of correct bills, duly supported by consignment receipt note.

H SECURITY DEPOSIT:

Successful Transporters will arrange to furnish a bank guarantee of 2% of order value or 25 lacs whichever is higher from any of the Nationalized bank/Scheduled Banks (approved by RBI) in favor of Samsonite South Asia Pvt Limited in the format enclosed as Annexure-5, directly from their banker to be sent to Mother warehouse in charge Samsonite South Asia Pvt Limited, Nasik which should be valid till the validity of contract plus six month claim period.

I INSURANCE:

The Transporter will at all times during the term of the Agreement, shall ensure that adequate insurance from the reputed insurance company as may be approved by Samsonite is obtained for the vehicles and its staff including third party liability insurance. It’s been confirmed and acknowledged by the Transporter that the Samsonite shall in no event will be liable for any loss. damage, death, injury etc. occurred to the vehicle, container, staff of the Transporter or to any other third party during the transport of Samsonite goods under this agreement and it will be the sole responsibility of the Transporter and if any such clam has been occurred to Samsonite, the Transporter will reimburse the same to the Samsonite.

IX. GRIEVANCE HANDLING:

Mother warehouse in charge Samsonite South Asia Pvt Limited will handle the grievances of the transporters. Transporter’s genuine claims pertaining to waiver of penalty, deduction on account of shortage, accidents etc, which are not clearly defined in the specification, may be put up to him. Transporters must put their written request within a month from the date of delivery otherwise their request will not be entertained. Samsonite South Asia Pvt Limited will endeavor to hold this meeting at least once in a month for expeditious settlement of claims. A system will be designed to capture the cases, which are repetitive/ frequent in nature and later on these cases will be resolved by VP ( Operations) without referring it to the Mother warehouse in charge .

X. COMPLIANCE TO SAFETY, ENVIRONMENTAL, QUALITY & STATUATORY NORMS:

1. All Transporters must comply with the Samsonite South Asia Pvt Limited Safety and environmental

standards and all transporters shall obtain a copy of E&HS of Samsonite South Asia Pvt Limited & abide by the same.

2. All representatives of transporter who enter Samsonite South Asia Pvt Limited should undertake

appropriate induction and training programmes in respect of the relevant safety and environmental standards as may be required from time to time.

3. All vehicles should comply with the safety and environmental standards as well as statutory norms at all

points of time during the tenure of the contract.

XI. CODE OF CONDUCT

The successful Transporters will sign the “Code of Conduct” formulated by Samsonite South Asia Pvt Limited . In case of violation, the penalties (including suspension/blacklisting) will be applicable as per the Samsonite South Asia Pvt Limited rules circulated from time to time.

XII. CONFIDENTIALITY OF INFORMATION.

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During the tenure of the agreement & thereafter, any information and data exchanged (like freight, price, quantity, product-mix, etc) furnished by Samsonite South Asia Pvt Limited to transporters shall be treated as strictly confidential and shall be used by transporters only for performing contractual obligations under this contract.

XIII. TERMINATION OF CONTRACT:

Termination for contract : Samsonite South Asia Pvt Limited may terminate this agreement upon serving 30 days prior written notice to the transporter without assigning any reason. However, in case of breach of any of the terms of this agreement, it can be terminated immediately by Samsonite. Transporter may also terminate this agreement upon serving 45 days prior written notice to Samsonite South Asia Pvt Limited without assigning any reason. In such an event, transporter shall pay an amount equal to the bank guarantee furnished against this agreement as compensation to Samsonite South Asia Pvt Limited. Full and Final settlement will be done in 60 working days from the date of completion of notice period. The transporter, after the termination letter is served , is obliged to ensure that all material in transit is delivered at the consignee destination under the same terms and conditions applicable to the contract & furnish all requisite documents for full and final settlement.

XIV. FORCE MAJURE:

The failure or delay by the Transporter to perform any obligations under this agreement solely by reason of Act of God, acts of government, riots, wars, revolt, fire, flood, sabotage, terrorism or other causes beyond its reasonable control (“Force Majeure”) shall not be deemed to be a breach of this agreement. Transporter failing to perform its obligation due to the reason of Force Majeure shall serve notice in writing to Samsonite South Asia Pvt Limited of such Force Majeure as soon as possible within 3 (three) days after its occurrence. Transporter failing because of Force Majeure to perform its obligation will, upon the cessation of Force Majeure, take all reasonable steps within its power to resume, with the least possible delay and comply with its obligations.

XV. ARBITRATION:

a) All disputes and/or differences that might at any time arise by and between the parties hereto or in relation to or

touching upon any aspect of this agreement shall first be settled mutually by negotiations between themselves.

b) In case no agreement can be arrived at within the period of 45 days from the date of raising the dispute in writing by any party, the dispute or difference shall be referred to a Sole Arbitrator, if both the parties agree upon the same. In case it is not agreed to, the dispute or differences will be referred to three arbitrators, each party appointing one on its behalf and the two arbitrators so appointed by the parties shall, before entering upon the reference, appoint the third arbitrator who shall act as the presiding arbitrator. The provisions of Arbitration and Conciliation Act, 1996 and the amendments made from time to time and the rules prescribed there under shall be applied. The venue of arbitration shall be at Nasik, Maharashtra, India.

XVI. JURISDICTION:

Samsonite South Asia Pvt Limited and Transporter hereby agree that any dispute or difference of any nature in this agreement, whether implied or explicit, shall be adjudicated by upon by a competent Court at Nasik, in the State of Maharashtra. The applicable laws of India shall be binding between parties.

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ANNEXURE-1

DISPACTH Locations : At present, we have the following dispatch units in and around Nasik:

1. Mother Warehouse [ Civil Channel ] – Ozar (Nashik 422202)

2. Mother Warehouse [ CSDChannel ] – Gonde (Nashik 422403)

3. Factory – Gonde ( Nashik 422403)

Kindly note that any dispatch location may be added or closed in future.

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ANNEXURE-2

PRODUCT VAR IETY OF Samsonite South Asia Pvt Ltd

1. Travel Bags

2. Footwear

3. Accessories [ Belts and Wallets ]

4. Display Stands

5. Packing Material and Stationery

For more detail on product range and brand please visit webpage www.samsoniteindia.com

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ANNEXURE – 3

Sr. No. Destination Type of Vehicles Vehicle

Capacity CFT

Transit time

Monthly Vehicles

1 Delhi

Half SB 1100 4

13

SB Single excel 2200 4

SB Double excel 3000 4

32 FT Container 2200 4

Trailer 4500 5

2 Gaziabad

Half SB 1100 4

6

SB Single excel 2200 4

SB Double excel 3000 4

32 FT Container 2200 4

Trailer 4500 6

3 Lucknow

Half SB 1100 5

18

SB Single excel 2200 5

SB Double excel 3000 5

32 FT Container 2200 5

Trailer 4500 6

4 Gurgaon

Half SB 1100 4

6

SB Single excel 2200 4

SB Double excel 3000 4

32 FT Container 2200 4

Trailer 4500 5

5 Jaipur

Half SB 1100 3

6

SB Single excel 2200 3

SB Double excel 3000 3

32 FT Container 2200 3

Trailer 4500 4

6 Zirakpur

Half SB 1100 5

4

SB Single excel 2200 5

SB Double excel 3000 5

32 FT Container 2200 5

Trailer 4500 7

7 Jammu Half SB 1100 7

5 SB Single excel 2200 7

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SB Double excel 3000 7

32 FT Container 2200 7

Trailer 4500 9

8 Dharuhera

Half SB 1100 4

45

SB Single excel 2200 4

SB Double excel 3000 4

32 FT Container 2200 4

Trailer 4500 5

ANNEXURE – 4 : Diesel price variation methodology

The methodology of adjusting freight rates is shown below:

A) Suppose, prevailing diesel prices at NASHIK on due date of submission of quotation is Rs.40.00/litre.

B) Freight rate agreed for a destination “X” corresponding to above diesel price is Rs.1000.

C) The weighted average diesel price for the first three months is Rs.44.00/litre.This implies 10% increase

in diesel price.

D) The freight rates would then be increased by 0.25* 10% = 2.5000%.

E) Revised freight rate to destination “X” will be calculated as:

Rs.1000 + 1000*25%*10.0000% = Rs.1025.

F) Rounding-off to nearest integer, we get the revised freight rate as Rs. 1025.

G) The new rates would be made effective from the 1st of the following month (1

st April, 1

st July, 1

st October

& 1st January)

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ANNEXURE – 5

FORMAT FOR BANK GUARANTEE FOR SECURITY DEPOSIT

Samsonite South Asia Pvt Ltd Dear Sirs, This DEED of Guarantee is made on ………….day of …………….by ….(bank’s name) ………….. Constituted under Banking Companies (Acquisition and Transfer of undertaking) Act 1980 having its H.O. at …………….and branch office at …………………..(hereinafter called the ‘SURETY’ which expression shall wherever the context so admits include its executors administrators and successors) in favour of Samsonite South Asia Pvt Ltd , a private Limited Company incorporated under the Indian Companies Act 1956 having its registered office at …………………………………. (hereinafter referred to as ‘Samsonite South Asia Pvt Ltd which expression shall include its executors, successors and permitted assigns) WHEREAS Samsonite South Asia Pvt Ltd has awarded the job of transporting FMCG Material from ………..(name of stock points) to various destinations to M/s. ……………………….. full address………(hereinafter called the ‘Transporter’ which expression shall include its executors, administrators and successors in interest). AND WHEREAS as per the said contract the Transporter is required to transport the goods referred to in the contract belonging to Samsonite South Asia Pvt Ltd from ……..(names of stock points) to various destinations and give safe and satisfactory delivery of the same promptly as per the contract at destinations. AND WHEREAS as per the terms and conditions of the said contract the transporter is required to furnish a Bank Guarantee for a sum of Rs………………( Rs. 2% of order value or Rs 25 Lakhs whichever is higher ) as security for safe handling and delivery of the goods entrusted to it by Samsonite South Asia Pvt Ltd under the contract to be kept valid till ………(date) ………….as stipulated in the said contract. AND WHEREAS the Bank ……………………… at the request of the transporter has agreed to stand as surety on behalf of the transporter and execute this Guarantee for the satisfactory performance of the Transporter in regard to the said contract. NOW THEREFORE, THE DEED OF GUARANTEE WITNESSETH AS FOLLOWS:- In consideration of what is stated above, the surety hereby guarantees that the Transporter will duly comply with all their obligations under the said contract in accordance with the terms and conditions there of for the safe and prompt transportation of the goods belonging to Samsonite South Asia Pvt Ltd and delivery of the same at the required destination without any loss or damage, failing which the Surety does undertake and

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assure to pay to Samsonite South Asia Pvt Ltd , on demand such amount or amounts as the surety may be called upon by Samsonite South Asia Pvt Ltd to pay, but no exceeding in the aggregate, the said sum of Rs………………( Rs. 2% of order value or Rs 25 Lakhs whichever is higher ). The surety hereby guarantee to Samsonite South Asia Pvt Ltd due performance and observance by the Transporter of the terms and conditions of the said contract. The surety further undertakes that this Guarantee shall be kept valid and binding on the bank from the time this Guarantee is given until the safe and satisfactory receipt of the goods by Samsonite South Asia Pvt Ltd at the required destination as provided in and according to the terms and conditions of the said contract and the liability of the Surety hereunder shall not be impaired and / or, discharged by any extension of time or variations or alterations made, given, considered or agreed with or without the Surety’s knowledge or consent by or between the parties to the said contract.

1. We the surety, also agreed that we shall not during the currency of this Guarantee herein given or during the period of its extension if any, revoke the same even by giving notices to the Purchaser.

On account of the non-fulfillment of the contractual obligations by the Transporter under the said contract, which fact it is not obligatory on the part of the Samsonite South Asia Pvt Ltd to establish under the terms of the Guarantee, we the surety will, on simple demand from Samsonite South Asia Pvt Ltd , pay to Samsonite South Asia Pvt Ltd the said amount of Rs………………( Rs. 2% of order value or Rs 25 Lakhs whichever is higher ) as indicated in Terms and conditions and specification above without demur and without requiring Samsonite South Asia Pvt Ltd to invoke any legal remedy that may be available to them to compel us the Surety to pay the same even if the Transporter considers such demand of the Samsonite South Asia Pvt Ltd as unjustified. Notwithstanding anything to the contrary, the Samsonite South Asia Pvt Ltd decision as to whether the transporter had made any default or defaults or committed a breach of the Contract and the amount to which the Samsonite South Asia Pvt Ltd is entitled by reasons thereof, will be binding on us and we shall not be entitled to ask Samsonite South Asia Pvt Ltd pay the sum forthwith without any objection or query. The decision of the Samsonite South Asia Pvt Ltd that any sum has become payable shall be final and binding on the Surety. This Guarantee shall be in addition to any other security or guarantee whatsoever that Samsonite South Asia Pvt Ltd may now or at any time in any way have or shall arrange in relation to the Transporters obligations / liabilities under and / or in connection with the said contract and Samsonite South Asia Pvt Ltd shall have full authority and liberty to take recourse to or to enforce this guarantee in preference to those other security or securities or assurance, as its sole discretion.

The Guarantee shall not be determined or affected by the liquidation or winding up, dissolution, or change in the constitution of or insolvency of the Transporter but shall in all respects and for all purposes be binding and operative until payment of all sum of amounts payable to Samsonite South Asia Pvt Ltd in terms hereof, are made. The amount stated in any notice of demand addressed by the Samsonite South Asia Pvt Ltd to the Surety as liable to be paid to Samsonite South Asia Pvt Ltd by the Transporter or as suffered or incurred by Samsonite South Asia Pvt Ltd on account of losses or damages or costs, charges or expenses shall, as between the surety and Samsonite South Asia Pvt Ltd as the case may be, be conclusive and payable by the Surety to Samsonite South Asia Pvt Ltd in terms there of forthwith. Our liability under the Deed of Guarantee is restricted to a sum of Rs………………( Rs. 2% of order value or Rs 25 Lakhs whichever is higher). The Guarantee shall remain in force up to ………(date)…….from the date of this Guarantee and in case the goods under the said contract are delivered safety to the satisfaction of Samsonite South Asia Pvt Ltd in accordance with the said contract at any time earlier and the contractual obligations on the part of the Transporter have been fulfilled, the Guarantee herein will expire on the date of

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issues of a Certificate of satisfactory completion of the job by Samsonite South Asia Pvt Ltd in favour of the Transporter. Unless a claim under the guarantee is lodged with us within three months from the date of expiry of this Guarantee your rights under the Guarantee shall be forfeited and we shall be relieved and discharged from all liability hereunder. All the claims under this Guarantee must be presented to …………………… We the surety further guarantee not to revoke this Guarantee during its currency except with the prior consent of Samsonite South Asia Pvt Ltd in writing. “Notwithstanding anything contained herein:

i) Our liability under this Bank Guarantee shall not exceed(Rs.2% of order value or Rs 25 lakhs whichever is higher )

ii) This Bank Guarantee shall be valid up to ……….(date)……… and

iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and if you serve upon us a written claim or demand on or before…………(date)…….., date of expiry of Guarantee i.e. ……(date)……...

IN WITNESS WHEREOF THE SURETY has executed this deed of Guarantee on the date month and year

hereinabove mentioned.

Witness attesting the For & on behalf of

Signature of the executants

of this document, …………………………

Banks name

1)

2) Manager / Agent

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Business Rules, Terms & Conditions of e-Bidding for Road Transportation from Nasik to Various

Locations in India.

Samsonite South Asia Pvt Ltd

CORPORATE OFFICE ADDRESS:

Samsonite South Asia Pvt Ltd

Ackruti Star, 4th Floor, MIDC, Andheri East,

Mumbai-400093. India

E-BIDDING TO BE CONDUCTED BY

e-Procurement Technologies Ltd. (abcprocure)

DATE & TIME OF E- BIDDING

Date: _______ Online Initial Sealed Bid :- _________ Online Reverse Auction :- _________ e-Bidding website : https://samsonite.abcprocure.com

DOCUMENTS ATTACHED

1) Business rules for e-bidding 2) Terms & conditions of e-bidding 3) Process Compliance Statement (Annexure – II) 4) Price Confirmation (Annexure – III) 5) Contact Information

Business Rules for finalization of the procurement

M/s. Samsonite South Asia Pvt Ltd

., hereinafter referred to as Samsonite South Asia Pvt Limited , shall finalize the procurement of the item/service against this Tender through e-Bidding mode. M/s. Samsonite South Asia Pvt Limited . has

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made arrangement with M/s. e-Procurement Technologies Ltd., Ahmedabad, hereinafter referred to as ETL, who shall be Samsonite South Asia Pvt Limited 's authorized service provider for the same. Please go through the guidelines given below and submit your acceptance to the same.

1. Computerized e-Bidding shall be conducted by Samsonite South Asia Pvt Limited , on pre-specified date,

while the vendors shall be quoting from their own offices/ place of their choice. Internet connectivity and other paraphernalia requirements shall have to be ensured by vendors themselves. In the event of failure of their Internet connectivity, (due to any reason whatsoever it may be) it is the bidders responsibility / decision to send fax communication, immediately to ETL, furnishing the price, the bidder wants to bid online, with a request to the service provider to upload the faxed price on line so that ETL will up load that price on line on behalf of the Bidder. It shall be noted clearly that the concerned bidder communicating this price to ETL has to solely ensure that the fax message is received by ETL in a readable / legible form and also the Bidder should simultaneously check up with ETL over phone about the clear receipt of the price faxed. It shall also be clearly understood that the bidder shall be at liberty to send such fax communications of prices to be up loaded by ETL only before the closure of Bid time and under no circumstances it shall be allowed beyond the closure of Bid time / e-Bidding. Such bidders have to ensure that ETL is given a reasonable required time by the bidders, to upload such faxed prices online and if such required time is not available at the disposal of ETL at the time of receipt of the fax message from the bidders, ETL will not be uploading the prices. It is to be noted that either Samsonite

South Asia Pvt Limited or ETL are not responsible for these unforeseen circumstances. In order to ward-off such contingent situation, bidders are requested to make all the necessary arrangements / alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the e-Bidding successfully. However, the vendors are requested to not to wait till the last moment to quote their bids to avoid any such complex situations.

2. ETL shall arrange to train your nominated person(s), without any cost to you. They shall also explain

you, all the Rules related to the e-Bidding / Business Rules Document to be adopted. You are required to give your compliance on it before start of bid process.

Material for Bid: Road Transportation from Nashik to Various

Locations in Noth India.

3. BID PRICE, BIDDING CURRENCY, AND UNIT OF MEASUREMENT: Bidders have to quote their

prices, as agreed with SAMSONITE SOUTH ASIA PVT LIMITED with respect to the bidding currency, taxes, duties, charges, unit of measurement, etc., if any.

4. THIS INVITATION IS SUBJECT TO THE APPROVAL OF YOUR PRODUCT BY SAMSONITE SOUTH

ASIA PVT LIMITED ’S TECHNICAL TEAM.

5. The technical & commercial terms, if any, are as per Vendors technical and commercial bid and subsequent correspondences, if any, between SAMSONITE SOUTH ASIA PVT LIMITED and the vendors regarding commercial terms & conditions.

6. Validity of Bids: The Bid price shall be firm for a time period if specified & instructed to you by

SAMSONITE SOUTH ASIA PVT LIMITED and shall not be subjected to any change whatsoever.

7. Standard warranty as quoted by you shall be applicable.

8. Payment Terms: As agreed between you and SAMSONITE SOUTH ASIA PVT LIMITED .

9. Procedure of e-Bidding:

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i. Online Initial Sealed Bid: Bidder needs to give their indicative price to the SAMSONITE SOUTH ASIA PVT LIMITED `s during the online sealed bid. Timings of the online sealed bid will be of 60 minutes only.

ii. e-Bidding (Rank Auction) shall be for a period of one hour. If a bidder places a valid

bid (i.e. the bid is accepted) in the last 10 minutes of closing of the e-Bidding, the e-Bidding shall get extended automatically for another 10 minutes from the time of the last accepted bid for all the items (if there are multiple items) in the e-Bidding; i.e. if any acceptable bid comes in the last 10 minutes of the closing of the e-Bidding in any of the items, the e-Bidding shall get extended automatically for another 10 minutes from the time of this accepted bid for all the items in the e-Bidding (if there are multiple items). In case, there is no Bid in the last 10 minutes of closing of e-Bidding, the e-Bidding shall get closed automatically without any extension. (THIS SCHEDULE IS TENTATIVE. IF ANY CHANGE IN SCHEDULE, THE SAME SHALL BE COMMUNICATED TO YOU) The bidders are requested to not to wait till the last moment to quote their prices, so as to avoid any complex situations arising out of unforeseen circumstances like internet connectivity etc.

10. After the e-Bidding is over, all vendors shall be required to submit the final prices, irrespective of their

indicative ranks in the e-Bidding’s result, quoted during the e-Bidding (Rank) in Annexure-III Format along with a breakup of the same after the completion of e-Bidding to ETL, duly signed and stamped as token of acceptance without any new condition other than those already agreed to before start of e-Bidding. In case the price confirmation is not sent, SAMSONITE SOUTH ASIA PVT LIMITED may take action on the vendor as per their rules.

11. During the e-Bidding (Rank), if no bid is received within the specified time or if Samsonite didn’t identify

any suitable bidder during the bidding process then, SAMSONITE SOUTH ASIA PVT LIMITED , at its discretion, may decide to scrap the e-Bidding process / re-conduct the online e-Bidding. SAMSONITE SOUTH ASIA PVT LIMITED shall be at liberty to cancel the e-Bidding process / tender at any time, before ordering, without assigning any reason.

12. Your bid will be taken as an offer to supply. Bids once made by you, cannot be cancelled / withdrawn

and you shall be bound to supply as mentioned above at your final bid price. Should you back out and not supply as per the rates quoted, SAMSONITE SOUTH ASIA PVT LIMITED shall take action as appropriate.

13. At the end of the e-Bidding, SAMSONITE SOUTH ASIA PVT LIMITED will decide upon the winner

based on the weight-age assigned to the vendor based on their internal evaluation criteria. SAMSONITE SOUTH ASIA PVT LIMITED ’s decision on award of Contract shall be final and binding on all the Bidders.

14. SAMSONITE SOUTH ASIA PVT LIMITED / ETL shall not have any liability to bidders for any

interruption or delay in access to the site irrespective of the cause.

15. Other terms and conditions shall be as per SAMSONITE SOUTH ASIA PVT LIMITED ’s General Terms and Conditions (GTC), your techno-commercial offers and other correspondences till date.

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16. Login-Id & Password: Each Bidder is assigned a Unique User Name & Password by ETL. The Bidders are requested to change the Password after the receipt of initial Password from ETL. All bids made from the Login ID given to the bidder will be deemed to have been made by the bidder.

17. Quote by the Bidder: Bidders have to quote Rate per MT per KM inclusive of all applicable duties,

taxes and levies / tolls, wherever applicable as on the date of finalization of rates except service tax and cess thereon.

18. Opening Price / Bid Decrement: The opening price & the minimum Bid decrement shall be available

to the Bidders at the start of the e-Bidding on their bidding screen. The bidders can start bidding from this opening price i.e. whatever value the bidder quotes the first bid would be equal to or less than the Opening Price declared by SAMSONITE SOUTH ASIA PVT LIMITED . Based on the same and the rates quoted by the competing bidders, the rank will be automatically generated by the system. Subsequently if the bidder wants to revise his bid, the price quoted by the respective bidder should be such that the Price should be lower than his previous Quoted price by at least one decrement.

19. VISIBLITY TO BIDDER: The Bidder shall be able to view the following on his screen along with the

necessary fields during the e-Bidding:

- Bids Placed by him - His Own Rank - Start Price / Bid Decrement Value OTHER TERMS & CONDITIONS: - The Bidder shall not involve himself or any of his representatives in Price

manipulation of any kind directly or indirectly by communicating with other

suppliers / bidders.

- The Bidder shall not divulge either his Bids or any other exclusive details of SAMSONITE

SOUTH ASIA PVT LIMITED to any other party.

- SAMSONITE SOUTH ASIA PVT LIMITED along with ETL can decide to extend, reschedule or

cancel any e-Bidding. Any changes made by SAMSONITE SOUTH ASIA PVT LIMITED and /

or ETL after the first posting will have to be accepted if the Bidder continues to access the site

after that time.

- ETL is not responsible for any damages, including damages that result from, but are not limited

to negligence. ETL will not be held responsible for consequential damages, including but not

limited to systems problems, inability to use the system, loss of electronic information etc.

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Annexure – I Description: - Road Transportation from Nashik to Various Locations in North India. List of Locations: As per RFQ Annexure 3

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Annexure – II Process Compliance Form

(The bidders are required to print this on their company’s letterhead, sign & stamp before emailing a scanned copy)

To, M/s. e-Procurement Technologies Ltd. (abcprocure) B-705, Wall Street - II, Opp. Orient Club, Nr. Gujarat College, Ellis Bridge, Ahmedabad - 380 006, Gujarat, India

Sub: Agreement to the Process related Terms and Conditions for the e-Bidding.

Dear Sir,

This has reference to the Terms & Conditions for the e-Bidding for procurement of Road Transportation from Nashik to Various Locations in North India.

This letter is to confirm that:

1) The undersigned is authorized representative of the company. 2) We have studied the Commercial Terms and the Business rules governing the e-Bidding as mentioned

in your letter and confirm our agreement to them. 3) We also confirm that we have taken the training on the e-Bidding tool and have understood the

functionality of the same thoroughly. 4) We also confirm that we will fax/e-mail the price confirmation of our quoted price as per the Annexure-III

along with the detailed breakup, after the e-Bidding is over, irrespective of our indicative ranks in the e-Bidding’s result, immediately to abcprocure.

5) We also confirm that we will accept our indicative Rank / Position that will be displayed on our screen of

the e-bidding website, when the Bidding Time of the e-bidding is over / completed. 6) We confirm that we have changed our password on the e-bidding website after our first log in.

7) We, hereby, confirm that we will honour the Bids placed by us during the e-Bidding process.

With Regards,

Signature with company seal Name – Company / Organization – Designation within Company / Organization –

Address of Company / Organization –

Sign this document and email a scanned copy to abcprocure.

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Annexure – III Price Confirmation

(The bidders are required to print this on their company’s letterhead, sign & stamp before emailing a scanned

copy of the same after the e-bidding) To, M/s. e-Procurement Technologies Ltd. (abcprocure) B-705, Wall Street – II, Opp. Orient Club, Nr. Gujarat College, Ellis Bridge, Ahmedabad - 380 006, Gujarat, India. Sub: Final price quoted during e-Bidding and price confirmation – Road Transportation from Nashik to Various Locations in North India. Ref: 1. e-Bidding dtd. ____ 2. Our Offer No. dtd. Dear Sir, We confirm that we have quoted.

1. ---------------------------------------------------- [Price quoted online as our final prices during the e-Bidding conducted on __________ for the subject matter] Thanking you and looking forward to the valuable order from M/s. SAMSONITE SOUTH ASIA PVT LIMITED. Yours sincerely, For _________________ Name: Company: Date: Seal:

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CONTACT INFORMATION

E-PROCUREMENT TECHNOLOGIES LTD.

M/S. SAMSONITE SOUTH ASIA PVT

LIMITED

B-705, WALL STREET-II, OPP. ORIENT CLUB, ELLIS BRIDGE, AHMEDABAD – 380 006, GUJARAT, INDIA. TEL:- +91 - 079 – 4001 6860 / 6861 / 6863 / 6864 / 6866 / 6879 / 6880 / 6882 FAX:- +91 - 079 – 4001 6876 / 6816

Mr. Harsh Gajjar MOB : 0 – 92768 60124 E-MAIL : [email protected] Mr. Dharam Rathod MOB : 0 – 99244 90568 E-MAIL : [email protected]

M/S. SAMSONITE SOUTH ASIA PVT LIMITED GAT NO. 159-163, MUMBAI - NASHIK HIGHWAY, VILLAGE GONDE (DUMALA), TALUKA IGATPURI, NASHIK - 422 403

TEL:- +91 – 02553 - 229700

FAX:- +91 - 02553 – 229702

Mr. Bhartendu Narera Mob : 9892153831 E-MAIL : [email protected]

Mr. Nilesh Pawar Mob : 9987787426 E-MAIL : [email protected]