GOVERNMENT OF INDIA

DIRECTORATE GENERAL OF SUPPLIES & DISPOSALS

JEEVAN TARA BUILDING, PARLIAMENT STREET

NEW - 110 001.

 

 

TELEFAX : 3345536/334097                          TELEX : 031-66339/66582

PHONE : 3360537                                          TELEGRAM:POORTINIP,NEW DELHI

 

RATE CONTRACT NO  :  AM-2/RC-15020000/LCV-CNG VEHICLES /112002/2002-2004/72/ MAHINDRA / COAB/487 DATED 29.01.2003.

 

 

NAME & ADDRESS OF THE FIRM

 

To                 M/s. Mahindra & Mahindra Ltd.

                     Marketing Division, Mahindra Towers                 FAX:022-4937855

                     Worli Road No. 13, Worli, Mumbai 400 019.     PHONE:4937972

 

 

1.         DURATION OF THE RATE CONTRACT

           

            This Rate Contract shall remain in force for the period 06-01-2003 to 01-01-2005 and Supply Orders against the Rate Contract may be placed till the last date of currency of the Rate Contract.

 

2.         QUANTITY OF THE MATERIAL TO BE PURCHASED :

           

            a)  No estimate can be given on the quantity of value of the vehicles which may be ordered but in any case the order shall not be less than one number during the currency of the contract and you must on the other hand supply as far as practicable such quantities as may be ordered during the period covered by the Rate Contract.

 

            b)  But in cases where you are unable to make supplies at the time of placement of order on you due to non-availability of the vehicles, you should furnish a certificate signed by your internal auditors to the effect that the stores cannot be supplied from stock due to non-availability and will therefore be offered on forward delivery basis and you will apply for extension of delivery period.

 

3.         SPECIFICATIONS OF STORES :

           

            All the vehicles supplied under the Rate Contract should be in accordance with the Maker's specifications as per Annexure - 'C'. All the vehicles to be supplied against the RC will confirm to EURO-1/EURO – II  emission norms.

 

4.         TERMS OF DELIVERY

 

            The prices are Ex-Factory, Mumbai/Nashik/Igatpuri/Zaheerabad


 

 

5.         PRICE :

 

a)         PRICE BASIS FOR CIVIL & DEFENCE INDENTORS & PARA MILITARY FORCES.

           

            The price basis will be Manufacturer's Net Dealer's Price (NDP) as on 01-11-2002 plus mark up of Rs.3500/- as per Schedule 'A' & 'B' attached.

 

b)         DISCOUNT :

           

            A Discount @ 2% for Civil Indentors and 3% for Defence and Paramilitary forces such as CRPF, BSF, Assam Rifles, RAF, ITBP, COAST GUARD, NEG, DGBR,CISF,MES, SPG & MILITARY FARMS  etc. over NDP shall be applicable as per Schedule ‘A’ & ‘B’ attached.

 

c)         PRICE VARIATION :

 

Schedule "A"

 

            i) Price for models at Sr. no. 102 to 107 , 201 to 203 , 301 to 304 , 401 to 402 , 501 to 502, 601,603,604,701 to 708, 801 to 807  are firm and fixed for the period upto 06.07.2003.

 

            ii)Prices for the models of new models at Sr. no. 305 to 308, 204 to 212, 709 to 715, 808, 809 & 403 to 406  are firm and fixed upto  05.01.2004.

 

Schedule “B”

 

            i) Price for models at Sr. no. 102 to 107 , 201 to 203 , 301 to 304 , 401 to 402 , 501 to 502, 601,603,604,701 to 708, 801 to 807  are firm and fixed for the period upto 06.07.2003.

 

            ii)Prices for the models of new models at Sr. no. 305 to 308, 204 to 212, 709 to 715, 808, 809 & 403 to 406  are firm and fixed upto  05.01.2004.

 

 

            After expiry of above period, the price revision shall be allowed every six months and every price revision shall be valid for six months from the date of revision taking place during currency of the contract. Price for new models will remain firm and fixed for one year.

 

            Any revision in NDP is to be duly Certified as under :-

 

            CERTIFIED THAT THE PRICES AS CERTIFIFIED BY THE  STATUTORY AUDITORS ARE THE N.D.P. AND THE DISCOUNT WHATSOEVER OVER AND ABOVE THE N.D.P. HAS BEEN ALLOWED TO THE DEALER.

 

            ALSO IF ANY REFUNDS IF ALLOWED TO THE DEALER IN FUTURE, THE BENEFIT OF THE SAME PATTERN SHALL ALSO BE AVAILABLE TO DGS&D WITH RETROSPECTIVE EFFECT".

 

 

 

6.         EXCISE DUTY :

 

            The Net Dealer Price is exclusive of Excise Duty, which will be allowed to you against the Rate Contract as paid by you to the Excise Authorities.  The current amount of excise duty applicable is indicated in the Price Schedule - "A" & "B" attached.''

 

However, in case of vehicles to be registered as Ambulance, the manufacturer will raise the invoice with prevailing duty of excise and cess (presently @  32.125%)  and submit to the concerned P&AO.  The P&AO shall make the payment accordingly to the manufacturer.  The consignee, who  falls in the 16% excise category, will furnish the documents listed below  On receipt of the    documents the manufacturer will seek an approval from the jurisdictional excise authorities regarding the admissibility of the claim as per the Central  Government Notification.

[i] original copy of Certificate issued by the RTO registering the     vehicle as ‘Ambulance’ (as per enclosed form)

             [ii] Copy of Certificate of Registration,

            [iii] Copy of Permit, if any.

            [iv] Certificate to the effect that the hospital/nursing home/sanitoriums, in  whose name the vehicle is purchased is registered as hospital/sanotorium/nursing home, as the case may be,  with  the Central Government/Statement Government/Union territory Administration/local authority,

           

 On receipt of the approval from the excise authorities, the manufacturer will refund 16% duty of Excise  by crossed Demand Draft drawn in favour of consignee and the consignee will submit a Receipt duly signed by  him which shall be  attested by the Bank/Public Notary  in  token of having received the  Demand draft to enable the  manufacturer to lodge claim for refund of duty with the Central Excise Authorities.

 

The conditions of the Notification No.6/2002-CE dated 01-03-2002, which gives the benefit, are given in Annexure ‘A’.  DDOs are advised to note the drill very carefully and comply if refund is to be claimed DDOs are also advised to watch for refund from the supplier.

 

 

7.         SALES TAX :

 

The prices quoted above are exclusive of sales tax, which will be reimbursement at actuals and as applicable on date of supply.  The present rates of sales tax are as follows :

 

A)      MAHARASHTRA SALES TAX  AND ANDHRA PRADESH GENERAL   SALES TAX

 

1)  The present rate of Sales tax is 12% on Moto vehicles Maharastra sales tax will be allowed to be made within the State of Maharashtra.  However, in resepct of sales to Ministry of Defence against Form ‘H’ and sales to Central/State Government against Form ‘H”  in the state of Maharashtra, a concessional rate of sales tax currently prevailing @ 4  will be applicable.  Maharashtra sales tax will be applicable on forwarding road delivery/ local delivery charge also.  However, firm will provide  a certificate from their Internal Auditor that sales tax is paid by them on forwarding road delivery/local delivery charges.

 

2) With respect to  despatched from Zaheerabad Where the sales is to Govt. Purchaser within the State of Andhra Pradesh  under this R/C, the total sales tax prevailing in the state of Andhra Pradesh at the time of delivery will be applicable.  The present rate of Andhra Pradesh Govt. Sales Tax is @12%. However in respect of  Sale to Central / State government against Form ‘N concessional APGST @ 4% will be charged.’ 

 

 

B)      Central Sales Tax :

 

1.        Where the sales is to Government purchaser (State or Central) not being registered dealer, in respect of supplies made and the purchaser furnish to the supplier a certificate from ‘D’ in duplicate, signed by an officer duly authorised by the Central or State Govt. to effect purchase of goods on its behalf certifying that the purchase is made on behalf of the Central or State Govt.  the sale will be taxable by the appropriate State only @ 2% CST (Two percent in the case of A/Ts placed by this office, the officer issuing them will sign the certificate.  In the case of Supply orders placed directly by DDOs the DDOs will issue the certificates if he is duly authorised to purchase goods on behalf of Government.  The counterfoil of this certificate should be retained by the certifying officer for atleast five years in his records.  In case of Interstate sales to Govt.Depts., outside Andhra Pradesh, the CST @ 12% will be applicable.

 

 

 

 

2)       Where the sale is to any registered dealer outside the state of despatch (including a Government purchaser) and he furnishes to the selling dealers a declaration in form ‘C’ in duplicate the sale will be taxable by the appropriate State at currently prevailing rate of 2%CST.  The counterfoil of the declaration should be retained by the pruchasing dealer for atleast five years in his records.

 

3)       In the case of Supply Orders placed directly by DDO’s, the DDO’s are required to furnish together with the Supply Orders certificate in Form ‘D’ or ‘H’ (in case of Local sale to a Government Purchaser – State or Centre not being a registered dealer) or a declaration in form ‘D’(in case the sale is to a registered dealer including a Govt. purchaser) in duplicate, to the supplier under advice to this office and Pay & Accounts Officer .  The counterfoil of this certificate/Declaration should be retained by the certifying/declaring officer for at least five years in his records.

 

C)      You would not undertake supplies against  Supply Orders unless the DDOs furnish the required ‘C’  ‘D’ and ‘H’ forms (if entitled to do so, alongwith the Supply Order before the commencement of supplies)

 

If there is any revision by the Government in the rate of sales tax, the revised rates will be applicable as ruling at the time of supply.

 

8.    FREE SERVICE TO CIVIL INDENTORS :

 

       In consideration of the Mark-up charges paid by the purchaser, the purchasers shall be entitled to receive from you or through your dealer the free service as per the firms free service policy provided that the purchaser takes the vehicle to the distribution premises and such services are claimed within specified period of supply of vehicles by firm.  Such free service will not include cost of lubricants if added or changed.

 

9.    PARTICULARS GOVERNING SPECIFICATION & SUPPLIES :

 

       a) Sources of Manufacture                                   : Indigenous

 

       b) Country of origin                                              : India

 

       c)  i)   Is IRC involved                                          : NO

 

       d) ii)   Is EC involved                                           : NO

      

       e) Method of Purchase                                         : Advertised Tender Enquiry

      

       f) Specifications:                                                   : To firm's standard specifications

                                                                                     and as per Annexure -'C'

 

       g) Price preference to SSI/with percentage           : NO

 

       h) Whether produceable in SSI/                            : Large scale sector

             Large Scale Sector

 

10.  SYSTEM OF PAYMENT

 

       As laid down in form No. DGS&D-1001

 

11.  INDENTORS/DIRECT DEMANDING         The Dy.Controller of Accounts

       OFFICER OF CENTRAL GOVT.&                Dept. of Supply , Exchange Building

       others except state govt. &                Sprott road, Ballard Estate

       PUBLIC SECTOR UNDERTAKINGS                Mumbai – 400 038

 

 

12.  INSPECTION :

 

       a)  Inspection Authority                                        : The Adl. Director General (QA)

                                                                                      DGS&D, New Delhi

 

       b)  Inspecting Officer                                            : (a) Director Quality Assurance,

                                                                                          Aayaker Bhawan Annexue

                                                                                          New Marine Lines, Mumbai -20

       c) Inspecting Officer                                             : b) Director of Quality Assurance

                                                                                                 Kendriya  Sadan , Hyderabad -

                                                                                                 500 095 or his authorised

                                                                                                 representative.

B)    For Defence Indentors:

 

        i)  Inspection Authority                                        : Controller, Controllerate of Quality

                                                                                    Assurance, Ahmednagar

 

       ii) Inspecting Officer                                             :(a)Senior Quality Assurance  Officer

                                                                                         Quality Assurance Establishment

                                                                                        (Vehicles), DGQA Complex,

                                                                                        L.B.S. Marg,Vikhroli,Mumbai 53.

 

                                                                                   (b) Officer-Incharge,VQAK,

                                                                                        Gymkhana Road Picket

                                                                                         Secunderabad -500 003.

NOTE : Defence authorities will take and verify all the documents from the firm as as required by them before placement of supply order, inspection and supply of vehicles to Defence Indentors.

 

17.  LOADING,FREIGHT,ESCORT CHARGES :

 

              i) All despatches from Nashik/Kandivili/Igatpuri/Zaheerabad  factory shall be by Road.

 

              ii) Local Delivery Charges:  For Diesel & Petrol Vehicles.

 

                   A Sum of Rs.375/- plus 0.2525% of the unit end price of Vehicle will be paid extra for diesel vehicles delivered locally to the consignee within a radius of 50 kms from the Firm's factory.  Delivery at any point beyond the limit of 50 kms will be charged on the basis of Road delivery charges as in Sub-Clause (v) below.  In case, the consignee take delivery from Factory Gate, no delivery charges shall be payable.No local delivery charges will be paid for delivery upto 50 km.

 

              iii)  For supply by road beyond a radius of 50 kms from the firm's works, the road delivery charges will be paid ad the rates indicated below which shall be certified by your internal  Auditor as exclusive of any profit margin for you.

 

              For Diesel Vehicles

 

              Upto 800 kms Rs.485 plus 0.3535% of the unit end * price plus Rs.3.55 per km.

              Upto 1600 Kms Rs.530 plus 0.505% of the unit end* price plus Rs.3.55 per km.

              Beyond 1600 kms Rs.580 plus 0.6565% of the unit end* price plus Rs.3.55 per km.

 

              For Petrol Vehicles

                           

                            Upto 800 kms Rs.485 plus 0.3535% of the unit end* price plus Rs.6.82 per km.

                            Upto 1600 kms Rs.530 plus 0.505% of the unit  end* price plus Rs.6.82 km.

                            Beyond 1600 kms Rs.580 plus 0.6565% of the unit end* price plus Rs.6.82 km.

 

                            Unit end price on the basis of which transportation charges are to be calculated would be as applicable from R/c w.e.f. 06-01-2003 and will be firm for one year i.e. upto 05-01-2004, thereafter one price revision will be allowed.  Transportation charges to be duly certified by you internal Auditors.

 

                            The above road delivery charges are without any profit margin as certified by your Internal Auditor and no variation in these shall be allowed upto 10-11-2003 and one revision may be allowed thereafter at actual as certified by Internal Auditor for the remaining period.

 

                           

 

                            NOTE TO DDO'S:

 

                            DDO's will ensure that they close Octroi Exemption Certificate/Concessional S.T. Forms etc. alongwith their Supply Orders,  The list of various dealer points as per Annexure – ‘C’ attached.

 

14.  DELIVERY:

 

      Supplies will be completed within four months for built up vehicles and three months for Soft Top Vehicles from the date of  placement of Supply Order subject force Majure Clause.

 

15.  WARRANTY:

 

       You shall warrant each new motor vehicle supplied by you to be free from defects in material and workmanship in normal use and service, your obligation under this warranty being limited to making good at factory any part or parts thereof including all equipment or trade-accessories (except tyres, tubes and batteries), originally supplied within 12 months from the date of sale irrespective of Kilometers covered. Following warranty will also be applicable.

 

       Models                                                     Warranty period

       

        MARSHAL                                             2 years ( 24 months ) additional limited warranty

        COMMANDER HT                                after expiry of Standard warranty.

        MAXX    

 

       CDR 650 DI                                             -------   do  -------           

      SINGLE CAB                                          ----------   DO  -----------          

      BOLERO CAMPER

 

 

16.  DIRECT DEMANDING OFFICERS:

 

       The Rate Contract will be operated by the indentors of the Central Govt. to be called the Direct Demanding officers (DDOs) .  In addition to the office of the DGS&D, there will not be a separate list of DDOs specifying particular Ministry/Dept. or an indentor in the Central Govt. as a DDO for operating DGS&D Rate Contract.  It would be suffice if the Supply Order placed by any Central Govt. Ministry/Dept. or the office of the Central Govt contain an undertaking to the effect that the authority placing the Supply  Order is a Central Govt. Dept./Office.

 

17.  The firms will furnish the Quarterly Drawl Report in the proforma attached.  On copy of AM-3 Section & one copy to MIS CELL ( AM –DTE) for the following Dates.

1)      06.04.2003

2)      06.07.2003

3)      06.10.2003

4)      06.01.2004

5)      06.04.2004

6)      06.07.2004

7)      06.10.2004

8)