WESTERN COALFIELDS LIMITEDwesterncoal.gov.in/sites/default/files/userfiles/40421097...Page No. 3 SUPPLY ORDER NO. 40431097-A DT : 09.10.2014 M/s. Caterpillar India Private Limited

WESTERN COALFIELDS LIMITED( A Govt. of India Undertaking )

MATERIALS MANAGEMENT WING Coal Estate, Civil Lines, Nagpur – 440 001 (M.S.)

PHONE : 0712-2510691, 2511381 , FAX : 0712-2510284

SUPPLY ORDER NO. 40431097-A DT : 09.10.2014

ToM/s Caterpillar India Private Limited Vendor Code : 526043Machine Division, Melnallathur Vendor Type : ManufacturerThiruvallur - 602004, Phone no: 044- 47640000 Tamil Nadu. Fax no: 044 -47640444

Dear Sir,

Sub : Formal Order for supply of 60T Dumper.

Ref : Our tender enquiry no. hq-pur-pvb-e158-2013-14 opened on 15.04.2014 Online. Techno commercial bid opened on 15-04-2014 & Price bid opened on 22.07.2014.Offer submitted by your authorized dealer M/s. GMMCO Ltd vide offer No: GMMCO/WCL/773E/2014-15 dtd. 02-04-14 and subsequent letters vide No. NGP / PSG / GMMCO/ 14-15/43 dt.08-07-2014.

This has reference to above. We are pleased to place FORMAL ORDER on you for the supply of 60T Dumpers as per terms and conditions stipulated below for :-

ITEM NO. 1

Item Description Qty. (No.)

Basic Unit Price (Rs.)

Extended value (Rs.)

CAT 773E - 60T Rear DUMPER powered by Caterpillar diesel engine model CAT3412E HEUI developing 485 KW net power @ 2000 rpm with 60Ton capacity Rock Body complete as per scope of supply and detailed technical specifications enclosed as Annexure- A.

45 Nos. 1,56,91,000.00 70,60,95,000.00

Material Code : 11647000004 Total 70,60,95,000.00

Total Value : Rupees Seventy crores sixty lakhs ninety five thousand only.

Price : Prices are FIRM and on FOR Destination basis inclusive of packing & forwarding & insurance charges. However, Freight, upto destination stores shall be reimbursed at actual against documentary evidence subject to maximum freight of Rs. 1,50,000.00 per Dumper which is inclusive of Service tax & other taxes.

Excise Duty : Excise Duty and cess on ED shall be paid extra as applicable on the date of dispatch against documentary evidence. Present rate of ED & cess on ED is 08.24%. WCL shall avail Cenvat Credit and hence the firm has to submit the Original Invoice along with Transporters copy of the same as per Central Excise rules for claiming the Cenvat Credit.

Sales Tax : Central Sales Tax shall be paid extra as applicable on the date of dispatch . Present rate of CST is 2% against form C. Declaration form shall be given by Consignee.

Contd..p/2..

Page No. 2

SUPPLY ORDER NO. 40431097-A DT : 09.10.2014M/s. Caterpillar India Private Limited

For ITEM Sl No. 2 & 3 : To be supplied by:-M/s GMMCO Ltd., ChandrapurVendor Code: 516048

ITEM NO. 2




Filter & O Ring Operation of 5000 Hrs. for CAT 773E - 60T Rear DUMPER Enclosed as Annexure B

45 Sets 7,86,932.00 3,54,11,940.00

Material Code : 11647991458 Total 3,54,11,940.00

Total Value : Rupees Three crore fifty four lakhs eleven thousand nine hundred forty only.

ITEM NO. 3




Other accessories Tools for CAT 773E 60T Rear DUMPEREnclosed as Annexure C

45 Sets 75000 33,75,000.00

Material Code : 11647000004 Total 33,75,000.00

Total Value : Rupees Thirty Three lakh seventy five thousand only.

Excise Duty:- Extra @10.30% for item no.2 (minimum CENVAT benefit to be passed on to WCL is Rs.76,707) and @12.36% for item no.3.

WCL shall avail Cenvat Credit and hence the firm has to submit the Original Invoice along with Transporters copy of the same as per Central Excise rules for claiming the Cenvat Credit.

VAT :- 12.50% extra for item no.2 & 3.. The consignee shall claim ITC set off as per VAT rules.

Delivery : First 6 Nos machines shall be supplied within 4 months from the date of supply of order and thereafter supplies @ 6 machines per month. Early supply is acceptable. Delivery period shall be reckoned from the 7th day of placement of order.

Inspection: Pre-dispatch inspection shall be carried out by CM(Excv), CIL, Bangalore. However, final inspection of the materials will be carried by consignee at site.

Payment terms : 80% value of each equipment and 100% the initial spares (Filters, O Ring & Tools) and Excise Duty and full concessional ST / CST / MVAT along with 100% transportation charges will be paid within 21 days of receipt of the complete equipment at the project site and receipt and acceptance of performance bank guarantee by the consignee. The equipment should be accompanied with relevant dispatch documents like challan, Maker’s Test-cum-Inspection certificate, Warranty certificate, Pre-dispatch Inspection Certificate etc.

Balance 20% payment shall be made within 21 days of successful completion of erection, testing, commissioning and final acceptance of the equipment (along with accessories) at site upon presentation of a certificate from the project officer to the effect that the equipment has been erected and commissioned to their entire satisfaction.

Page No. 3


Paying Authority : General Manager (Fin.), WCL, Coal Estate, Civil Lines, Nagpur - 440 001.

Mode of dispatch : All the stores surely packed are to be dispatched by road transport to the consignee on Freight paid basis. Safe arrival of machines is the responsibility of supplier

Security Deposit: 10% of the landed value of the contract shall be deposited by the firm towards Security Deposit. The security amount may be deposited in the form Demand Draft in favour of " Western Coalfields Limited "payable at Nagpur or in the form of Bank Guarantee of any Scheduled /Nationalized bank in India, within 15 days from the date of issue of this supply order. The security amount is Rs.8,34,30,067.00. Security Money may be converted into Performance Bank Guarantee ( PBG ).

Security Deposit money will be refunded to the firm within 30 days from the date of satisfactory execution of the contract.

Name of the Area

Allocation Consignee Other Details

Chandrapur AreaQTY. - 9 Nos.

Padmapur OCM – 3 Nos.Durgapur OCM – 4 Nos.H. Lalpeth OCM – 2 Nos.

Depot Officer, Regional Stores, WCL, Chandrapur Area, P.O. Durgapur, Dt. Chandrapur – 4420403 (MS)

CEC No. AAACW1578LEM073TIN No. 27780000004Range & Division – ChandrapurCommissionerate – Nagpur

Ballarpur AreaQty. - 8 Nos.

Sasti OCM – 2 Nos.Pauni OCM – 2 Nos.Gouri OCM – 4 Nos.

Depot Officer, Regional Stores, WCL, Sasti, Ballarpur Area, P.O. Rajura, Dt. Chandrapur


Wani AreaQty. - 15 Nos.

Mungoli OCM – 4 Nos.Ghugus OCM – 3 Nos.Neeljay OCM – 8 Nos.

Depot Officer, Regional Stores, WCL, Wani Area, P.O. Ghugust, Dt. Chanadpur (MS) – 442505. Tel. 07172-241025

CEC No. AAACW1578LEM073TIN No. 27780000004Range – Warora, Division – Chandrapur, Commissionerate – Nagpur

Wani North AreaQty. - 2 Nos.

Pimpalgaon OCM– 2 Nos. Depot Officer, Regional Stores, WCL, Wani North Area, P.O. Ukni, Dt. Yavatmal (M.S.) - 445304 Ph. - 07239-275078

CEC No. AAACW1578LEM076TIN No. 27780000004Range – Yavatmal, Division – Amravati, Commissionerate – Nagpur

Majri AreaQty. - 2 Nos.

New Majri OCM – 2 Nos. Depot Officer, Regional Stores, WCL, New Majri, Shivaji Nagar, Dt. Chandarpur (MS) – 442603


Nagpur Area Qty. - 6 Nos.

Kamptee OCM – 3 NosGondegaon OCM – 3 Nos

Depot Officer, Regional Stores, WCL, Silewara, P.O. Silewara, Dt. Nagpur (MS) – 441109

CEC No. AAACW1578LEM073TIN No. 27780000004Range – V, Division – I, Commissionerate – Nagpur

Umrer AreaQty. - 3 Nos.

Makardhokda OCM – 1 NoUmrere OCM – 2 Nos.

Depot Officer, Regional Stores, WCL, Umrer, P.O. Umrer, Dt. Nagpur

CEC No. AAACW1578LEM068Tin No. 27780000004Range – Kalmeshwar, Division & Commissionerate - Nagpur

Performance Bank Guarantee :- Performance Bank Guarantee valid for 21 months from the date of commissioning for 10% value of the equipment on FOR Destination Basis shall be submitted by you. Payment shall not be released without submission of performance bank guarantee. Performance Bank Guarantee shall be on Scheduled /Nationalized bank in India. Bank Guarantee format is enclosed.

The PBG shall be released after successful completion of the guarantee/warranty period after confirmation from GM(Excv.)HOD, WCL(HQ).

Guarantee /Warranty Clause :- Shall be as per the technical specifications enclosed as Annexure- A

Page No. 4


Liquidated Damages cum Risk Purchase clause :-

In the event of failure to deliver the stores within the stipulated period mentioned in the order and in the event of breach of any of the terms and conditions in the order WCL has the right :-

To recover from successful tenderer, as agreed liquidated damages, a sum not less than 0.5% of the price of the store which successful tenderer has not been able to supply (for this purpose part of a unit supplied will not be considered) as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to 10 %. Where felt necessary the limit of 10% can be increased to 15% at the discretion of HOD of Materials Management Department.

To purchase from elsewhere, after due notice to the successful tenderer, on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in respect of consignment not yet due for supply or To cancel the supply order or a portion thereof, and if so desired, to purchase the store at the risk and cost of the supplier and also To extend the delivery period with or without imposition of Liquidated Damages as may be considered fit and proper. The penalty if imposed shall not be more than the agreed liquidated damages referred to clause (a) above.

To encash any available Bank Guarantee / security deposit for recovery of the penalty.

Whenever under the contract a sum of money is recoverable from and payable by the supplier, Western Coalfields Limited, shall be entitled to recover such sum by appropriating, in part or whole by deducting any sum or which at any time thereafter, may be due to the successful tenderer in this or any other contract, with Western Coalfields Limited or any of its Subsidiary Company. Should this sum be not sufficient to cover the full amount recoverable, the successful tenderer shall pay to Western Coalfields Limited, on demand the remaining amount.

The supplier shall not be entitled to any gain under this clause.

Submission of Bills: For claiming payment, following documents are to be submitted alongwith original bills as per terms of the supply order to the consignee.

i. Pre-receipted and stamped Invoice (Original Buyer’s copy of invoice) in quadruplicateii. Packing list in original list in original giving details of bill of materialsiii. Consignment note / RR/ PWB in originaliv. Warranty / Guarantee certificatev. Manufacturers test certificate as per supply order termsvi. DGMS / BIS / certificates / any other document if applicable as per order

BANK DETAILS OF THE FIRM FOR MAKING PAYMENT THROUGH EFT 1) Name of the Beneficiary : M/s. Caterpillar India Private Limited

Name of the Bank :- CITI Bank NA, Club house Road Branch, Chennai - 600002Account no:- 101187055Account Type :- Current Account. IFSC Code :- CITI0000003

2) Name of the Beneficiary : GMMCO Limited

Name of the Bank :- State Bank Of India, Sheela Complex,Amravati Road, Wadi Nagpur - 440023Account no:- 31119653650Account Type :- Current Account. MICR Code of the Branch :- 440002041RTGS No. SBIN0012710

Page No. 5


Force Majeure Clause: If the execution of the contract / supply orders delayed beyond the period stipulated in the contract / supply order as a result of out break of hostilities, declaration of an embargo or blockade, or fire, floods, acts of nature or other contingent beyond the supplier’s control, due to act of God then Western Coalfields Limited may allow such additional time by extending the delivery period as it consider to be justified by the circumstances of the case and its decision shall be final. If and when additional time is granted by Western Coalfields Limited, the contract / supply order shall be read and understood as if it had contained from its inception the delivery date as extended

Manufacturing certificate: : As the order is being placed on the basis of consideration that you are a manufacturer of the ordered material, you will have to provide a certificate to the following effect on the body of each bill.“Certified that the items supplied and included in this bill/ invoice are our own make and have been actually manufactured in our works situated at (address of the factory)

INTEGRITY PACT: Integrity Pact as per format signed by you alongwith the offer shall remain valid and applicable for this contract.

This order is issued with this acceptance. Kindly acknowledge the receipt of this order.

Unless otherwise specified above, the purchase order shall also be governed by the terms and conditions given in the General terms and conditions enclosed.

Yours faithfully

(Alok Kumar ) (PV Babu) Asst. Manager (MM) Chief Manager (MM)

Enclosures :- General terms and conditions, technical specifications (Annexure A, B & C), Bank Guarantee format. 1. CGM/ SO (Excv) /SO(MM) /AFM/Depot Officer, WCL, Chandrapur, Ballarpur, Wani, Wani

North, Majri, Nagpur, & Umrer Areas2. GM(Excv)I/C / GM(CP)I/C/ GM(Fin.) I/C -I , WCL Hq., Nagpur3. Sr. Manager (Fin./CP) / Sr. Manager (Excv), WCL Hq., Nagpur4. GM (F), WCL Hq., Nagpur vide Budget diary no

a) FA/WCL/CAP/BC/HEMM/101 DT.7/10/2014 FOR Rs.83,43,00,665.55 b) INDENT NO.1411 DT.25/07/2014 APPROVED BY DT(OP).5. GM(MM), SECL, MCL, CCL, BCCL, ECL, NCL6. Sr. Manager(MM/Admn.) - The Landed procurement value of this order is

Rs.83,43,00,665.55/-7. Chief Manager (Excv), CIL, Bangalore8. Sri Virendra Kumar Srivastav, S-1, Sunrise Senerity, 4th Cross, 40 FT Road, MR Garden,

Gedhalli, Sanjay Nagar, Bangalore.

9. GMMCO Limited, Plot No. G-15, MIDC Industrial Area, Central Hingna Road, Nagpur - 440 028.

The procurement proposal had be approved in 257th Board meeting as communicated by company Secretary vide diary no:WCL/BD/SECTT/BM-257/2014/1596 Dt.02-10-2014

Asstt. Manager(MM) Chief Manager(MM)


IntroductionTechnical Specifications

These Technical Specifications identify the technical requirements of the Goods and Services which are the subject of the NIT

The Technical Specifications are presented in four parts as follows:

A. Scope of Supply

B. General Requirements1) Geography and Climatic Conditions2) Goods (Equipment and Machinery)3) Standards4) Supplier’s Responsibility5) Spare Parts Provisions6) Composite Warranty / Guarantee7) Performance Guarantee8) Quality Assurance

C. Equipment Specifications

Conformity with SpecificationsThe Equipment to be provided shall conform with the requirements defined in these parts. Where stated requirements conflict, the order in which the specifications shall prevail is as follows:

Part A

followed by Part Bfollowed by Part C

Site Visits

The Bidder prior to making any Bid calculation and as part of the preparation of it's Bid, shallbe deemed to have visited and inspected the Site(s), made all enquiries and collected all information documentary or otherwise, including climatic conditions, as considered necessary

by the Bidder for the proper and accurate preparation of it's bid.

Technical Response

Bidders shall provide a Clause by Clause commentary demonstrating compliance with the Purchaser's Technical Specifications, identifying any deviations thereto, together with full supporting technical literature and data sheets. The Equipment offered by Bidders will be evaluated technically based on the information presented in the bid without reference to extrinsic evidence.

Additionally Bidders shall provide the information specifically requested in the Attachment to the TechnicalSpecifications.

Failure to provide any information requested in any part of this specification may deem the bid non-responsive.

PART - A

A. Scope of Supply:

A.1 Equipment Package

The Supplier is required to bid as per the equipment package detailed in the Tender Document

A.2 Supplementary Items

I. The Equipment shall be provided with a comprehensive tool kit, which shall include any special tools required for erection, commissioning and for t the maintenance and repair of all the Equipment.

II. First fill of all oils, grease and lubricants needed for test and commissioning of each equipment. III. As regards supply of all filters & 'O' rings for first 5000 working hours, clause B.5.2 may be referred

A.3 Information and Drawings

At least one month before the scheduled installation date, the Supplier shall provide:

(a) One suitably illustrated copy of Operating, Repair and Maintenance instructions for all the equipment, written in the English language, substantially bound in book form;

(b) One suitably illustrated copy of detailed Spares Parts Manuals covering all plant, Equipment and accessories substantially bound in book form;

The Supplier shall also submit the data identified in the specifications for each item ofEquipment proposed. In addition to the Equipment drawings requested, where appropriate the Supplier shall supply detailed drawings illustrating erection/assembly site(s), foundation and accommodation requirements for such items as drive motors, switch installations etc.

A.4 Erection/Assembly, Commissioning and Performance Testing

The Supplier shall provide the Services of Specialist Technicians to supervise the installation / erection/assembly, commissioning and any performance testing of the plant, Equipment and accessories supplied .

The Technicians shall remain at site following commissioning until all necessary personnel are fully conversant with the maintenance and operation of the Equipment.

A.5 Training

The Supplier shall also be responsible for the provision and delivery content of any suitable training programmes necessary for operation and maintenance of the Equipment.

PART - B

B. General Requirements

B.1 Geography and Climatic Conditions

Elevation

The natural surface varies from 100 to 1000m above mean sea level. Climate

The climate is sub-tropical to tropical, dusty, with a hot and humid atmosphere. Monsoon rains occur in the period from June to October.

Ambient Conditions Relative Humidity

Maximum 98% Temperature

Minimum 0ºC Maximum 50º C

Rainfall The mean annual rainfall is 1,000 mm, 90 to 95% of which may fall in rainy season from June to October .

Wind April to September South to South WesterlyOctober to March North Westerly

Speed 8 km per hr average

100 km per hr maximum

Under foot Slushy and highly abrasive

B.2 Goods (Equipment and Machinery)

Detailed specifications of the Equipment to be supplied are given in Part D of this section. In general, all items shall be:

New, unused and of the current design (incorporating latest proven features)and not likely to be discontinued or become obsolete in near future

Designed and constructed to handle without overload and for the working hours stated, the maximum volumes/rates specified;

Designed to facilitate ready access, cleaning, inspection, maintenance and repair of component parts;

Designed to facilitate rapid changeover of consumable items.

The component parts of all items shall, wherever possible, be selected from the standard ranges of reputable manufacturers.

The Equipment and accessories shall be physically robust and where necessary capable of dismantling for transportation and ready re-assembly using simple tools. All Equipment items provided shall be designed to be compatible within the proposed overall Scope of Supply.

Electrical Equipment shall provide all protection devices, controls and interfaces for the Equipment to operate safely and efficiently.

All workmanship and materials shall be of first class quality in every respect.

All parts and surfaces which are exposed to corrosive environments shall be suitably protected to prevent any effects of corrosion or erosion.

B.3 Standards

Beside conforming to the Standards specified in the Equipment Specification in Part D, the Equipment shall also has to meet approval of the Statutory Government Authorities including Director General of Mines Safety (DGMS) having jurisdiction over the Equipment and its use.

Compliance of Safety & functional aspect of dumpers and as per ARAI guidelines shall be made as under ;-

1. All dumpers shall permanently carry a sign stating “NOT MEANT FOR RUNNING ON PUBLIC ROADS (Preferably White colour sheeting on Black Background) in retro reflective colour sheeting, which shall be visible from the front side and rear side of the vehicle.

2. All Dumpers shall be fitted with WHITE REFLEX REFLECTORS (Circular/ Rectangular) A T FRONT having dimension MORE THAN 28.5 SQ. CMS. And distance between two Reflectors should be between 2.8 to 3.0 Mtrs.

3. All Dumpers shall be fitted with RED REFLECTORS (Circular/ Rectangular) at REAR having dimension MORE THAN 28.5 SQ. CMS. And distance between two Reflectors should be between 2.8 to 3.0 Mtrs.

4. All Dumpers shall be fitted with AMBER COLOUR REFLECTORS (Circular/ Rectangular) at LEAST THREE Nos ON EACH SIDE OF DUMPER having dimension MORE THAN 28.5 SQ. CMS. And distance between two Reflectors should be between 2.8 to 3.0 Mtrs.

The system of units for all measurements shall be the Système International d’Unités (S.I.).

B.4 Suppliers Responsibility

The Purchaser requires that the Supplier shall accept responsibility for the provision of complete operable and compatible Equipment and systems within the Scope of Supply. This document identifies only the major items required for the installation and the Supplier shall ensure that the total supply includes all necessary Equipment for it to function effectively and safely. Any additional items the Supplier considers necessary to ensure compliance with sucha requirement shall be identified and included.

If the Supplier observes that this Specification document c o n t ains any anomalies, ambiguities, flaws, errors or omissions, the Supplier shall immediately bring these to the attention of the Purchaser.

The Supplier shall be responsible for the testing and commissioning of the Equipment and ensure that it meets the requirements as specified. The commissioning and setting to work of the whole Equipment Supply package shall be carried out under the supervision of the Supplier in conjunction with the Purchaser’s nominated personnel

B.5 Spare Parts Provisions

B.5.1 Availability of Spare Parts.All items and Equipment proposed shall be of current design and manufacture. The Supplier shall warrant that sufficient spares and servicing facilities will be available to maintain the Equipment in use throughout its life.

B.5.2 Provision of Spare PartsThe supplier shall supply all filters and O rings required for first 5000 hours of operation of each equipment .Further it is specified that the cost of these items for initial 5000 hours of operation for each equipment shall be included in your quoted basic price of the equipment.

B.5.3 Emergency Spare PartsThe Bidder shall ensure that Spare Parts required urgently by the Purchaser for repair of breakdown equipment are supplied at over riding priority .

B.5.4 Lifetime Spare PartsThe Supplier undertakes and guarantees to produce and maintain stocks, to be available for purchase by the Purchaser under separate agreement, of all Spare Parts and Consumables as may be required for maintenance and repair of the Plant throughout its working life. In the event that the Supplier wishes to terminate production of such Spare Parts, the Supplier shall:

(a) give not less than sixmonths notice in writing of it's intention to terminate production in order to permit the Purchaser reasonable time in which to procure needed requirements; and

(b) immediately following termination, provide to the Purchaser at no cost, manufacturing drawings material specifications and all necessary permissionsto facilitate manufacture of the Spare Parts elsewhere. In any event, the Supplier shall not seek to terminate manufacture of spare parts for a period of not less than ten (10) years from Taking-Over.

B.5.5 Oils, Lubricants and FluidsNot less than one ( 1) month before the scheduled date for Acceptance, the Supplier shall provide to the Purchaser a detailed schedule of all necessary oils, lubricants, fluids and the like for the operation and maintenance of Equipment. The schedule shall indicate estimated annual consumption and specify the appropriate international standard number or the name and reference number of an equivalent available in India considered to be acceptable by the Supplier.

B.5 6 GeneralNothing in this Clause B.5 shall relieve the Supplier of any Guarantee, Availability, Performance or other obligations or liabilities under the Contract.

B.6 Composite Warranty / Guarantee

The Bidder shall warrant that the equipment supplied under this contract is:-- a) In accordance with the contract specifications.

b) The equipment shall have no defects arising out of design, material or workmanship & the Complete Equipment shall be warranted for 12 months or 5 000 Hrs ( which is earlier) from the accepted date of commissioning.

The warranty shall cover for total equipment so that ultimate responsibility lies only with the Equipment Bidder although components may be supplied by different suppliers to the Bidder.

B 7 Performance Guarantee

B.7.1 IntroductionB.7.1.1 The Supplier shall guarantee that the Equipment supplied pursuant to this Contract

shall be available for use by the Purchaser and shall meet the performance criteria specifications at the level and in accordance with the terms and conditions of the Availability Guarantee herein contained.

B.7.1.2 Where Equipment supplied under the Contract fails to meet the criteria of the Availability Guarantee, the Supplier shall, at it's own cost, provide suitably qualified and experienced personnel at Site to demonstrate to the Purchaser's satisfaction that the required level of availability can be achieved and maintained.

B.7.1.3 The Supplier shall provide the Services of such personnel at Site within seven (7) days of notification by the Purchaser that the availability criteria has not been met in any one (1) month.

B.7.2 Guarantee

B.7.2.1 The Supplier shall guarantee that the Equipment supplied pursuant to the Contract shall be available to the Purchaser at the level hereinafter defined to perform to criteria of not less than that defined in the Technical Specifications incorporated in the Contract.

B.7.2.2 The Supplier shall guarantee that the Equipment shall be available to perform its duty to minimum criteria and to the minimum availability percentage level as defined in the individual Equipment Specifications included as the Attachment to the Technical Specifications. The method of assessment applied shall be as follows:

Method of Assessment:The following calculation shall determine the availability of the Equipment:

Scheduled Available Time - Down Time

% Availability = --------------------------------------------------- x 100

Scheduled available Time

Scheduled Available Time shall equate to 24 hours.

Downtime shall mean all hours of work lost due to mechanical, electrical or other failure, including:

a) routine servicing and maintenance in accordance with the manufacturer's published recommendations, including:

changing oils, oil filters and air filters; lubrication;changing identified consumable or wear, parts

b) planned preventative maintenance programmes;

It shall not however include:

I. damage due to abusive use or incorrect operation methods by the Purchaser; II. accidents;III. strikes or stoppage of work by the Purchaser's personnel;

IV. natural disaster;

V. lack of Spare Parts not attributable to a failure of the Supplier, it's Agents or Representatives.

Downtime shall also specifically include all hours lost due to failures determined to be guarantee failures. The Supplier shall state the number of hours per day required to carry out (a) and (b) above.The time stated shall, with the agreement of the Purchaser, form the basis of the a s s e s s m e n t o f t h e a v a i l a b i l i t y .

The Purchaser will assist the Supplier, without relieving the Supplier of any other obligations under the Contract, to achieve the guaranteed availability by:

1. Providing normal and proper maintenance, including preventative maintenance in accordance with the Supplier’s standard/published recommendations, and making all necessary repairs using only genuine manufacturer's spares

2. Providing co-operation to all Supplier’s authorised representatives, complying with all reasonable procedural suggestions to improve efficiency of machineoperation or reduce downtme.

3. Where appropriate, providing and maintaining such conditions as: Proper electrical Supply

Terrain Area

* Bench preparation Reasonable floor conditions

4. Providing all Supplier’s authorised representatives access at all reasonable times to the machine service and repair facilities

Maintaining a log-book for each shift wherein the working hours, breakdown times, maintenance hours, idle time, etc. shall be recorded. This record will be available for examination and signature by the Supplier’s representative.

B.7.3 Effect and Duration of GuaranteeB.7.3.1 This Guarantee shall become effective on the day on which the Equipment is

commissioned at the Site.Commissioning shall be evidenced by the issue of the Purchaser's Acceptance Certificate.

B.7.3.2 This Guarantee shall remain effective for twelve (12 ) months from the date of commissioning, irrespective of the hours operated by the Equipment during the period of the guarantee.

B.7.3.3 In the event that the Equipment fails to achieve the Availability herein provided during this twelve (12) month period, the Supplier shall be liable to pay to the Purchaser, as Penalty , a sum equal to , as indicated hereunder for each equipment : -

a) 1% of the delivered price of the equipment for every percentage reduction from the Guaranteed Availability for the first 5%

b) 10% of the delivered price of the equipment for reduction beyond 5% from the Guaranteed Availability .

The Supplier has however the option to modify the equipment , if felt necessary , to bring its availability to the guaranteed level within three ( 3) months after expiry of initial guarantee period of twelve (12 ) months from the date of commissioning .

B7.3.4 When the supplier is unable to supply the replacement of a failed part under warranty within 21 days of giving intimation by the consignee and if the machine is commissioned by using the spare from the stock of the project the period (after 21 days) till the supplier replaces the part under warranty shall be treated as “Deemed Breakdown” (the credit for keeping machine available shall not be given to the supplier).

B.8 Quality Assurance

B.8.1 The Supplier should furnish in detail its quality assurance plan for various stages of manufacture.. The Quality Assurance plan shall comply withan internationally recognised quality assurance standard such as ISO 9000.

B.8.2 The Supplier shall provide facilities to Purchaser or their authorised representatives for progress inspection during manufacture at his works and furnish all test data available in this regard for quality control, both for bought out items and his own manufactured items.

B.8.3 The Purchaser or his agent, when so required by him, shall also be provided with samples of “bought-out” materials for the purposes of undertaking independent tests which independent tests shall be at the expense of the Purchaser.

C) Equipments specification :- Equipment shall comply with the following specification; included as an attachment with this section .

PART - C

EQUIPMENT SPECIFIC A TION OF 60 Ton REAR DUMPER MODEL

1. Scope ofSpecificationCAT 773E Rear Dumper powered by Caterpillar 3412E Hydraulic Electronic Unit Injection HEUI 4 stroke turbocharged and water cooled diesel engine developing 485 KW net power @ 2000 rpm and equipped with 60T Rock Body

2. ReferencesThe following International Standards are referred to in, and form part of, the Specification: ISO 2867 Earth-moving machinery - Access systems

ISO 3450 Earth-moving machinery - Wheeled machines - Performance requirements and test procedures for braking systems

ISO 3457 Earth-moving machinery - Guards and shields - Definitions and specifications

ISO 3471 Earth-moving machinery - Roll-over protective structures - Laboratory tests and performance requirements

ISO 5010 Earth-moving machinery - Rubber-tyred machines - Steering requirements

ISO 6014 Earth-moving machinery - Determination of ground speed

ISO 6405-1 Earth-moving machinery - Symbols for operator controls and other displays - Part 1: Common symbols

ISO 6405-2 Earth-moving machinery - Symbols for operator controls and other displays - Part 2: Specific symbols for machines, equipment and accessories

ISO 6483 Earth-moving machinery - Dumper bodies - Volumetric rating

ISO 6682 Earth-moving machinery - Zones of comfort and reach for controls

ISO 6750 Earth-moving machinery - Operation and maintenance - Format and content of manuals

ISO 7132 Earth-moving machinery - Dumpers - Terminology and commercial specifications

ISO 7457 Earth-moving machinery - Measurement of turning dimensions of wheeled machines

ISO 9249 Earth-moving machinery - Engine test code - Net power

ISO 10268 Earth-moving machinery - Retarders for dumpers and tractor-scrapers- Performance tests

ISO 10968 Earth-moving machinery - Operator’s controls

3. Design CriteriaThe CAT 773E Rear D umper shall be capable of continuous operation for protracted periods on a system of 3 shifts each of 8 hours duration per day throughout the year.

The dumper shall be suitable for 2:1 heap loading by 3 to 7 m³ excavators with rock having a density, after blasting, of 1,800 kg/m³

4. Technical Requirements

4.1 Engine

The dumper shall be powered b y a Caterpillar 3412E Hydraulic Electronic Unit I n j e c t i o n H EU I En g in e d e v e lo p in g 4 8 5 KW net power @ 2000 rpm direct injection 4- stroke diesel engine according to Ing to ISO 9249. The engine shall be provided with 24 V electric starting, dry type 2-stage air-cleaner with suitable dust evacuator and dust level indicator for easy maintenance and 2-stage fuel filter. The dust evacuator is not of automatic type. A water separator is also provided for removal of water from the fuel system in addition to a needle type value in the fuel tank facilitating controlled removal of water in the fuel system as and when required.

The engine shall have a water jacket cooling system, w h i c h is thermostatically controlled, using an engine driven water pump, with the cooling water re-circulated through a heavy duty radiator. The system shall be capable of providing sufficient cooling to allow the dumper to continuously operate at the full rated output at the maximum ambient temperature.

The engine shall be equipped with an engine driven oil pump, with full flow oil filtration and cooling for lubrication.

Advanced feature of the fuel Injection systems on Caterpillar HEUI engine fitted on CAT773D by means of microprocessor control eliminates usage of fuel pumps and timing / over speed governor coupled with TCC and Turbocharger guard plate is not required as per CAT design. The engine shall be provided with a heavy duty removable pan guard.

4.2 TransmissionThe dumper shall be provided with an Off high way automatic power shift hydraulic transmission with 7 forward and 1 reverse gea, lock up clutch, downshift & reverse inhibitors. The moving design of the transmission is such that it shall be well protected (being cradled by the A frame) and minimises accumulation of diret and derbis. Therefore separate pan is not required. Facility to be provided in the dumper to restrict/control the speed of the dumper whenever required.

4.3 Drive System

A dynamically balanced propeller shaft with universal joints is used for transmission of power. The design provides to prevent damage to other components in the unlikely event of failure of universal joints, a suitable guard is provided. A suitable provision for manual retarder is provided and the design of the gear system is such that the spin regulator is not required for the dumper.

The final drive shall comprise a heavy duty differential with high quality spiral bevel gear and pinions, a heavy duty planetary gear system and drive axle.

4.4 Suspension

Independent self contained Oil Pneumatic suspension cylinders shall be provided in the front and rear of the equipment on each wheel. This design shall ensure absorption of all road shocks, load and prolong tyre life. Both the front and rear suspension should be capable to sustain rated load.

4.5 Steering

Full hydraulic orbitrol power steering and emergency steering complying with ISO 5010 shall be fitted on the machine. Emergency steering shall be automatically activated in the case of unlikely failure of norm al steering power source. Suitable steering locking device shall be provided in steering linkage to avoid unwanted rotation of wheel when man at work under the machine in engine running condition.

4.6 Hoses

All hoses shall be fire/heat resistant / retarded type, grouped as far as possible and suitably clipped to reduce damage from scuffing. Hoses in the hot zones shall be provided with anti fire cover.

4.7 BrakesSuitable reliable service, secondary, parking and retarder brake system shall be provided which comply with ISO 3450 performance requirement.

4.7.1 Service brakesThe front caliper disc brake are air over oil actuated. The operator can switch the front brakes out of service when not required.The rear service brakes are a ir over oil act uated Oil cooled, multiple disc type and provide bot h service an d retarded braking. T he brakes also operate automatically in the event o f low air / oil pressure.

The rear brakes are also sealed to prevent entry of dust and water. The brakes are designed for low maintenance

4.7.2 Parking brakes

The parking brakes should be fully operational even at zero air pressure. ( ambient pressure )

4.7.3 RetarderSuitable retarding system to control speed while descending gradient shall be provided.

4.8 Tyres

6 nos Rock duty, cut-resistant Tyres size 24.00 – 35 – 48PR (E4 type) shall be provided

4.9 Frame

Full box section with torque tube cross member, integral front bumper with casting provide additional strength in critical stress Areas. The frame is of rugged and durable construction and high strength steel to encounter all forces at the time of operation.

4.10 Dump Body

The type of body required on the dumper i s " R o c k B o d y " . The body shal l have a payload capacity of 60T for 2:1 heap loading. The rock body is of exhaust heated type. Rock bodies are of heavy duty type with high hardness abrasion resistant side, front and bottom plates. The width of the body protrudes over the tyres to prevent damage due to spillage of material from the body. The body design ensures stability in operation conditions especially during turning.

A body position indicator shall be provided.

4.11 Fuel TankThe fuel tank capacity is 700 litres which shall be of sufficient for working the dumper for 16 hours operation in s ingle fuelling. The dumper fuel tank shall be provided with a dial guage which functions as a level indicator and with a lockable secured filler cap. Facility shall be provided in the fuel tank for easy drainage of moisture with minimum loss of diesel.

4.12 Lubrication SystemA centralised automatic lubrication system of positive pressure type shall be provided / fitted before commissioning of the machine at site. The system shall be equipped with a visual indicator for proper system functioning and an audio visual alram for non functioning of the system

4.13 Operator's CabA fully insulated, sound suppressed, air-conditioned operator's cab with safety glass, operator side door provided with power window, rear-view mirror, windshield wipers and washers and a ROPS which complies with ISO 3471 shall be provided.

All operating controls, gauges (with colour indication for safe and unsafe working), monitoring and working signals shall be conveniently located within easy reach of the operator and comply with ISO 6405-1, ISO6405-2, ISO 6682 and ISO 10968.

The operator's cabin is provided with an Air Conditioner of suitable make for HEMM applications

A fully adjustable operator seat, seat belt with foam rubber cushion and best quality upholstery for operator comfort shall be provided. The Cabin shall also be provided with passenger seat, heavy duty rubber floor mats and blind spot mirrors. The doors, windows and vents of the Operators cab shall be provided with dust proof and weather proof seals

Steps and handrails which comply with ISO 2867 shall be provided for access to the operator’s cab.

4.14 Gauges and IndicatorsThe following shall be provided as a minimum:

a) Water temperature guage with additional indicationb) Engine oil pressure guagec) Converter/ Brake oil temperature guaged) Fuel capacity guage ( dial guage on the dashboard inside the operators cabin with

sensors from fuel tank)e) Engine tachometer/ RPM meterf) Engine hour-meterg) Speedometerh) Air Pressure Guage

4.15 Warning Alarms/LightsAudio/ Visual Warning Alarm/ Lights Systems shall be provided for the following:

(I) Audio Visual Warning Alarm for Reversing with flashers (DGMS Approved).

a) Protection against splashing of mud and water on the pressure switch shall be provided

b) Mechanical lock shall be provided to prevent unauthorised tempering of the alarm

(II) Parking brake actuation(III) High Torque Converter/ Brake oil temperature(IV) Low air pressure(V) Emergency steering(VI) Low engine oil pressure (VII) High coolant temperature (VIII) Dumping buzzer(VIII ) Alarm for lubrication failure. (Visual indicator )

4.16 Electrical EquipmentThe dumper shall be provided with the following:

a) 24V DC electrical system with 50Amp alternator of reputed make

b) 24V DC Electric start

c) Reputed make high capacity Batteries

d) Battery isolation switch

The electric circuits are to be provided with adequately rated fuses and circuit breakers that are functionally same. The circuit breakers are operationally superior to fuses and are easily accessible for maintenance.

The electric wire should be heat resistant. Wires in hot zone should be properly conduits (heat resistant) to avoid any fire.

4.17 LightingAdequate lighting shall be provided for safe night shift operation. The lighting system should include the following:

a) 4 nos Headlights b) Stop and tail lightsc) Turn signal lights (left and right ) on both front and reard) Fog Lamps - 2 nos

Headlights are provided with suitable enclosures ( protected by metal guard on the top of the same ). Rear lights are fitted on to the rear torque member of the chassis which are at a safe elevated level and protected by the body floor plates on top eliminating any likely damage. Thus rear lights and head lights are suitably protected from falling debris and hence separate steel enclosures are not required.

4.18 Guards and ShieldsAdequate guards and shields which comply with ISO 3457 shall be provided on the dumper.

4.19 AUTOMATIC FIRE SUPPRESSION SYSTEMAutomatic fire suppression system , suitable for protection from fire hazards, shall be provided on the dumper. The system should be capable for efficient operation in the extreme mining conditions with dust, dirt, water & vibrations. The system shall be confirmed to the relevant IS/BS standards and shall be suitably mounted to cover all major points on the equipments. The system shall be DGMS approved type.

5. Ancillary Equipment and Other RequirementsThe following shall be provided on the dumper:

a) Front and rear tow hooks and two lifting loops. b) Pressurised radiator capc) Head light high-beam indicator.d) Cab protection spill guard.e) Safety provision for holding the dump body in hoist condition. f) Air dryer for water separation in the air linesg) Rock ejector bars between each set of dual rear wheelsh) Tyre inflator & tyre inflation kiti) Turbo charger & exhaust tubes shall be properly shielded from the hot zone

6. Safety Features to be provided1) Full Cabin Canopy2) Rear lights are fitted on to the rear torque member of the chassis which are at a safe

elevated level and protected by the body floor plates on top eliminating any likely damage

3) Propeller Shaft Guard4) Blind Spot Mirror5) Body Locking Device6) Audio Visual Alarm in Reverse With Flasher7) Secondary and parking brakes are provided as an alternative braking arrangement8) Emergency Steering9) Fire/ Heat Resistant Hoses10) Turbo charger & exhaust tubes shal be properly shielded from the hot zone. Exhause tube is

suitably insulated11) Battery Cut-off Switch12) Mechanical Steering Lock

7. Special GuaranteesThe following guarantee will apply for the different components:

i) Body, chassis, differential & f i n a l d ri v e - 10,000 hours or 1000 calendar days from the date of commissioning (whichever is earlier)

ii) Complete engine system - 24 months or 6000 hours from the date of commissioning (whichever is earlier). In case of failure of engine system within 6000 hrs. The failed components of the engine system will have to be replaced / repaired depending on the merit of the case, free of cost by the supplier. In case of failure of engine system beyond 6000 hrs. The system will have to be replaced on pro-rata payment basis taking the life of the engine system as 7550 W/hrs.

iii) Transmission Assy. - 24 months or 6000 hrs from the date of commissioning (Whichever is earlier).

iv) Electrical items- 6 months or 1000 hrs (Whichever is earlier)

v) Engine hour meter & Audio visual Alarm - 12 months or 5000 hrs (Whichever is earlier)

vi) ECM of hydraulic electronic unit injection system engine - 8000 hrs from the date of commissioning

8. Performance GuaranteeIn accordance with the provisions of clauses B.7.2.2 and B.7.3.2 of the Technical Specifications, the Supplier shall guarantee that the availability of the equipment shall be not less than 72% (seventy two per cent) for a period of 12 months from the accepted date of commissioning.

9 General

9.1 List of SparesList of spares to be supplied as per Annexure enclosed. List of tools required for operation and maintenance shall be as per Annexure enclosed. Operation and Maintenance Manual in accordance with ISO 6750 will be provided with each equipment.

9.2 Technical detailsMaximum speed determined according to ISO-6014 : 62.2 kmph

9.3 Dimensions, Weights and Performance Details

9.3.1 Dimensions

Details With rock body

(a) Maximum overall length 9.60 m(b) Maximum overall width 5.076 m(c) Maximum height, without body 4.000 m (empty )

3.900 m loaded) (d) Maximum height, with body 4.393 m (empty )

4.350 m (loaded)(e) Loading height 3.773 m(f) Dump height 0.676 m ( empty)

0.566 m (loaded )

(g) Discharge height 8.787 m(h) Maximum body depth 1.805 m

(i) Body target area in Sq.mtrs. 6.40 m x 3.658 m (inside length and width at top)(j) Wheel base 4.191 m

9.3.2 Weight Distribution

Details With rock body(a) Empty vehicle : Front axle Rear axle Total 18683.5 kg.

Rear Axle 20816.5 kg.Total 39,500 kg.

b) Loaded Vehicle : Frond axle 33,080.22 Kg.Rear axle : Rear axle 66,259.78 Kg.Total 99,340.00 Kg.

9.3.3 Engine Caterpillar - CAT 3412E HEUI

Detailsa) Manufacturer and model wheel baseb) Numbers of cylinders 12c) Bore 137 mm

d) Stroke 152 mm

e) Displacement 27 ltrs.f) ISO net power 485 kW (SAE J1349)g) Maximum torque 2758 Nm @ 1200 rpm

9.3.4 Transmission

(a) Make & Model Caterpillar make Automatic Power Shift(b) Type Caterpillar seven speed electronically controlled, automatic

powershift(c) Number of gear speeds

Forward and reverse 7 forward and 1 reverse

(d) Travel speeds, forward and reverse

Forward Reverse

1st 9.9 KMPH 13.1 KMPH

2nd 13.9 KMPH

3rd 18.8 KMPH

4th 25.2 KMPH

5th 34.1 KMPH

6th 45.9 KMPH

7th 62.2 KMPH

9.3.5 Differential

Type & Make Heavy duty conventional spiral bevel

Ratio

gear; CAT design / CIPL make

3.64 : 1

9.3.6 Final Drive

(a) Type & Make Planetary Full Floating; CAT design / CIPL make(b) Ratio 4.8 : 1

9.3.7 Suspension

Front -

a) Type & Make Independent, self controlled Oil Pneumatic; CAT design; UT / WIPRO / CIPL make cylinders

b) Stroke 209 mmc) Load deflection rate loaded and empty

Empty & Loaded

23 kg /mm ( average )

Reara) Type & Make Independent, self controlled Oil Pneumatic; CAT

design; UT / WIPRO / CIPL make cylindersb) Stroke 149 mmc) Load deflection rate loaded and empty

Empty & Loaded

108 kg /mm ( average )

9.3.8 Steering

a) Type & Make Separate hydraulic power steering; CAT design;UT / WIPRO / CIPL make cylinders

b) Emergency steering Automatic controlled electrically driven hydraulicPump

9.3.9 Brakes

9.3.9.1 Service Brakes

Front

a) Type & Make Caliper disc, CIPL make CAT design

b) Actuating System Air Over Oil

Rear

a) Type & Make Multiple Disc Oil Cooled, CIPL make CAT design

b) Actuating System Air Over oil

9.3.9.2 Secondary Brakes

a) Type & Make Front - Caliper Disc; Rear - Multiple Disc

b) Actuating System Air Over Oil

9.3.9.3 Parking Brakes -

a) Type & Make Multiple Disc

b) Actuating System Air Over oil; Spring applied oil release

9.3.9.4 Retarder

a) Type & Make Rear Disc Brakes

b) Actuating System Air Over oil

9.3.10 Tyres

a) Make Euro / Bridgestone / Goodyear / Dunlop /Yokohama /MRF make

b) Size & Type 24.00 x 35 and E-4 type, tubeless

c) Tread Cut resistant Rock Deep Tread ( E4)

d) Ply Rating 48 PR

e) Rim Size 17.00 X 35

9.3.11 Hydraulic system

a. Make & model, number, flow rates, operating pressures of pumps:

one no. ; 562 lpm; 2500 psi; CAT design

b. Make & model, number, piston diameters, stroke lengths of cylinder: Hoist System:

Stage I Stage II

Nos. Bore Stroke Nos. Bore Stroke

2 209.55 mm 822.80 mm 2 165.10 mm 796.90 mm

Steering System 2 88.9 mm 298.50 mm

Suspension System

Front (Strut diameter) Rear (Strut diameter)

Nos. Bore Stroke Nos. Bore Stroke

2 117.80 mm 209.00 mm 2 177.80 mm 149.00 mm

CAT design; UT/WIPRO/CIPL make Cylinders c. Relief valve operating pressure : 2500 psi

9.3.12 Electrical system

a) Starter make & Model Delco Remy / Lucas TVS / CAT make CAT Model

b) Alternator make & Model Delco Remy / Lucas TVS / CAT make CAT Model

c) Batteries, numbers & ratings 200 Amp Hr. - 2 Nos. X 12 V.

d) Lighting details Following lights shall be provided

4 Nos. Head Lights

Turn Signal Lights (Left and right) on both front and rear.

Tail & Stop Light

2 Fog Lamps.

10. GUARANTEE / WARRANTY

i) The equipment will be warranted against any manufacturing defects/ workmanship for a period of 12 months from date of commissioning or 5000 hours (whichever is earlier) from the date of commissioning. Any defect observed on this account shall be attended to immediately and in no case beyond a period of one month. For specific warranty on assemblies and sub-assemblies, details given in Technical Specification may be referred to.

ii) Special Warranty Clause – If the order is decided to be placed on bidder the bidder

should confirm against the clause that “in the event of any breakdown or failure of

performance due to defects in materials, design, workmanship, spare parts etc., WCL

shall promptly notify the supplier in writing of any claims arising under this warranty.

There pairs, replacement or rectification work shall be carried out by M/s. GMMCO Ltd at

site at NO COST to the purchaser, within 21 days of settlement of warranty claims. The

supplier will be required to stock spares parts to take care of warranty period

breakdown. Spares should be available within three weeks from the date of intimation of

breakdown.

iii) The supplier must ensure that there is no major breakdown due to manufacturing / design defect during the warranty period. In case such breakdown occurs, the purchaser will reserve the right to extend the warranty period suitably.

iv) The supplier will have to furnish the following Performance Bank Guarantee on Scheduled / Nationalised Bank in India as a coverage towards the suppliers performance against the Contract, in the standard format (which shall be enclosed with the supplyorder. No other format will be accepted) : -

v) A Performance Bank Guarantee, valid for 21 months from the date of commissioning, for 10% value of the equipment. The value will include taxes and duties etc. to the FOR destination price of the materials or order. No payment will be done without submissionof Performance Bank Guarantee.

11. ERECTION & SUPERVISION

The supplier shall be responsible for the erection and commissioning within 30 days of the receipt of complete equipment at site. However, the purchaser will assist in providingnecessary erection tools & tackles etc and unskilled manpower for this purpose.

12. INSPECTION & TEST

i. The purchaser or its authorized representative shall have the right to inspect and / or to test the goods to confirm their conformity to the contract. The purchaser shall notify the supplier in writing of the identify of any representativeretained for these purposes.

ii. The inspections and tests may e conducted at the premises of the supplier or its subcontractor(s), at point of delivery and / or at the goods final destination when conducted on the premises of the supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the purchaser.

iii. Should any inspected or tested Goods fail to conform to the specifications, the purchaser may reject them and the supplier shall either replace the rejected goods or make all alternatives necessary to meet specification requirements free of cost to the Purchaser.

iv. The materials will be inspected on arrival at site by the consignee, which will be considered as final. This shall in no way be limited or waived by reason of the goods having previously been inspected, tested and

v. Nothing in these documents shall in any way release the supplier from anywarranty or other obligations under this contract.

FORMAT “C”FORMAT FOR PERFORMANCE BANK GUARANTEE

1. In consideration of M/s. Western Coalfields Limited, Nagpur (hereinafter called “The Company”) having agreed to exempt____________________________(hereinafter called “The said Contractor(s)”) from the demand, under the terms and conditions of the agreement dated___________made between____________________________________________and ______________________________for____________________________(hereinafter called “ the said Agreement”), of security deposit for the due fulfilment by the said contractor(s) of the terms and conditions contained in said Agreement, on production of bank guarantee for Rs.__________(Rupees______________________________________________only). We____________________________________(indicate the name of bank) (hereinafter referred to as “the Bank”) at the request of __________________________________(Contractor(s) do hereby undertake to pay to the Company an amount not exceeding Rs.______________________________against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reasons of any breach by the said Contractor(s) of any terms or conditions contained in the said Agreement.

2. We,____________________________________________________do hereby undertake (indicate the name of the Bank) to pay the amounts due and payable under this guarantee without any demur, merely on demand from the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reason of breach by the said contractor(s) of any of the terms or conditions contained in the said agreement or by reason of the contractor(s)'s failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ____________________________only.

3. We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal :The payment so made by under this bond shall be a valid discharge of our liability for payment thereunder and the contractor(s)/supplier(s) shall have no claim against us for making such payment.

4. We,___________________________________________________further agree that the (indicate the name of the Bank) guarantee herein contained shall remain in full force and affect during the period that would be taken for performance of the said Agreement and that it shall continue to be enforceable till all the dues of the company under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the company certified that the said agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. The guarantee shall remain in force till the _________the day of _______20 ____ and unless a demand or claim under the guarantee is made on us in writing within 3 months from the said date, shall be discharged from all liabilities under this guarantee thereafter.

5. We,___________________________________________________further agree with the (indicate the name of the Bank) Company that the company shall have fullest liberty without our consent and without affecting in any manner our obligations, hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the company against the said contractor(s) and to for bear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reasons of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act or commission on part of the company or any indulgence by the company to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in constitution of the bank or the contractor(s)/supplier(s).

7. We__________________________________________lastly undertake not to revoke this (indicate the name of the Bank) guarantee during its currency except with the previous consent of the company in writing.

Dated the _____________________day of _____________20______

For_________________________________________________ (indicate the name of the Bank)

* * * * *

Documents

WESTERN COALFIELDS LIMITEDwesterncoal.gov.in/sites/default/files/userfiles/40421097...Page No. 3 SUPPLY ORDER NO. 40431097-A DT : 09.10.2014 M/s. Caterpillar India Private Limited