GOVERNMENT OF INDIA

DEPARTMENT OF COMMERCE (SUPPLY DIVISION)

DIRECTORATE OF SUPPLIES & DISPOSALS

SHASTRI BHAVAN, 26, HADDOWS ROAD,

CHENNAI - 600 006

web: http://dgsnd.gov.in                                                    e.mail: mlr@dgsnd.gov.in

Tel: 91 + 044 - 28273721 / 28275154                                  Fax: 91 + 044 - 28280152

 

No: CH-3/RC-15060100/0507/Bajaj                                           Dated:    30-05-2006

        MC Spares/ 2006-2007/DCOAM/192                                                                                                        

                                                                                                            BY REGD.POST

To

M/s. Bajaj Auto Limited,

Akrudi,

Pune - 411 035.

Sir,

 

Subject:   Conclusion of Rate contract for the supply of  Bajaj  Motorcycle Spares for   

                the   period from 01-06-2006 to 31-05-2007- Reg.

 

Reference:  1) This office Tender No: CH-3/RC-15060100/082005/Bajaj M.C. Spares/

                        2006-07 opened on 09/12/2005.

                   2)  Your Quotation No: BAJAJ/DGS&D/SPARES/06-07/01 dt.25-11-2005

                        and with subsequent communication  ending with  your letter

                        dated 29-05-2006.

********

Dear Sirs,

 

You  are hereby informed that your above referred tender read with subsequent letters mentioned above for the stores specified in the schedules annexed has been accepted. This Rate contract will be governed by the terms and conditions brought in the Form No:DGS&D-1001.  The Rate contract and the Schedule annexed here to shall be the sole repository of this Rate Contract / Transaction.

 

SCHEDULE ANNEXED

 

1)      SCHEDULE  “ A”     :   Description of Stores, Prices, duties/Taxes

 

2)      SCHEDULE  “ B “    :    Officers authorised to operate Rate contract &

                                                    Special conditions for the Direct Demanding 

                                                    Officers.

 

 

Yours faithfully,

 

 

(M.L.R RAMAKRISHNAN)

ASST.DIRECTOR (SUPPLIES)

FOR & ON BEHALF OF THE PURCHASERS NAMED

IN FORM No: DGS&D - 1001.

    

-:2:-

Copy to:-

 

  1. The Chief Controller of Accounts, Deptt. of Commerce (Supply Division),

      Exchange Bldg. Sprott Road, Ballard Estate, MUMBAI -400038.

     (Through  Authentication)

 

  1. Dy. Director General of Supplies & Disposals, Kolkatta

 

  1. Dy. Director General of Supplies & Disposals, Mumbai.

 

  1. Dy. Director General (QA), D.S.&D., Kolkatta.

 

  1. Dy. Director General (QA), D.S.&D., Mumbai.

 

  1. Dy. Director General (QA), D.S. & D., Chennai.

 

  1. Director (QA), D.G. S. &D., Ayakar Bhavan Annexe, New Marine Lines,    

      Mumbai-20.  (BY REGD.POST)

 

  1. A.D.G. (QA), DGS&D, NEWDELHI 

 

  1. Concurrent Audit

 
  1. M.I.S.Directorate, D.G.S. & D., New Delhi.

 
  1. Ledger Clerk

 
  1. R.L.O., D.G.S & D., New Delhi.

 
  1. Defence Liaison Officer, DGS&D., New Delhi.

 
  1. Section Collection

 
  1. Statistics Section

 
  1. CDN Section

 
  1. Computer Section.

 

 

 

 

 

 

 

 

 

-:3:-

 

SCHEDULE “ A

 

01.  Rate Contract No:   CH-3/RC-15060100/0507/Bajaj MC Spare/

                                        2006-2007/DCOAM/192     Dated 30-05-2006

02.   Advance Rate Contract  No: & Date    :   NIL

 

03.      A)  Name And Full Address Of The Firm With  Telephone  / Fax No:

                  

           M/s. BAJAJ AUTO LTD.,  Akurdi, PUNE  - 411 035      

  TELEPHONE NO             :  91 020- 27472851 

   FAX NO:                          :  91 020- 27473396  /  91 020  27407398

 

       B)  Name And Full Address Of The Work(s) With Telephone and Fax :

                          

       Works at :x

                     M/s. Bajaj Auto Ltd.,   Akrudi, Pune           

 

 04.  Validity of Rate Contract :      01-06-2006 to 31-05-2007

 

    05.  DESCRIPTION OF ITEMS, SPECIFICATIONS, UNIT RATE:-

 

BAJAJ MOTORCYCLE SPARE  PARTS  as per SPARE PARTS PRICE LIST  @ ANNEXURE  “ X  “ (ENCLSOED)

 

  1. All spare parts will be supplied in accordance with your standard

      specifications  and packing.

 

 06.  TERMS OF DELIVERY:-

All deliveries are Ex- Works at Akrudi.  However the  freight for the spares are  paid FOR Destination

 

Spare parts would be transported in standard carriers approved by you and will be unloaded at your nearest dealer point as per the list enclosed. 

 

In case   the consignee enjoys octroi / sales tax exemption, the relevant certificate should accompany the order.  As the vehicle dispatched will be a part of the dealer consignment, in the absence of exemption certificates, octroi will  be paid at the entry point and the same shall be recovered from the consignee

 

TRANSIT INSURANCE:

The ownership of the vehicle vests immediately with consignee at your  factory gates. All vehicles leaving your factory are covered under master transit insurance policy. Since the invoice is prepared in the name of DGS&D(consignee) the insurance claim will have preferred  by the consignee. Our  Dealer will prepare the claim and assist for repairs / replacement that may be necessitated because of transit damage. 

 

 

 

-:4:-

 

07.   EXCISE DUTY: Prices shall be inclusive of Excise Duty.

 

08.     a) Sales Tax & Levies:

 

           All State Sales tax , interstate sales Tax and other levies included in the price   

            list.

 

   i) CST @ 4% against Form –D

  ii)  Local Sales as applicable at the point of delivery

  iii   b)  Entry Tax / Turn over Tax:-

  Entry tax or Turnover Tax as applicable in the respective state at the time of supply   

   will be payable extra.

 

   c)   Octroi:

      Octroi charges will be charged extra as per actuals in the respective states unless

      Otherwise exemption certificate is provided along with the confirmed order.

d)   Supply orders not accompanied by Form “D” or any other form for waiving off    

        Govt. statutory levies will not be entertained by the company. Execution of      

       such orders will not be obligatory on the part of the manufacturer.

 

9.  a)  Delivery Period :-

  The Supply of spare parts against individual supply orders would normally be made within a period of   6-8 weeks  from the date of receipt of fully documented supply order subject to DGS&D Force Majure clause..

10.  Annual Turn Over/ Monetory Limit : No monetary Limit

11.    SLAB DISCOUNT:-

i) 20% Discount on all spare Parts   as appended in  PRICE LIST “Annexure- X”

 

12.  PRICE BASIS:-

      Price shall be applicable for Civil Indentors and is firm & final.                                                                                     

     Annexure  “ X “ (enclosed)

   13.  Status of R/C Holding firm      :    L.S. Unit

 

 

 

 

 

 

 

 

-:5:-

 

 

14.   PAYING AUTHORITY:

System of Payment:

    i) All the bills in respect of orders placed by this office or by the DDOs will be paid by the Dy. Controller of Accounts, Department of Commerce(Supply Division)Exchange Bldg., Sprott Road, Ballard Estate, Mumbai – 400 038.

  II. Payment for the stores will be made to the firm on submission of bills in accordance with the following procedures:-

a)      98% plus 100% payment of taxes of each consignment will be paid on proof of despatch of stores to the consignee. The Supplier should also furnish with their bills a photostat   copy of GR/LR as proof of despatch of material attested by themselves. However, in case where facility of furnishing a photostat copy is not available there is no objection in furnishing a true copy of  GR/LR duly attested by Gazetted officer/M.P./M.L.A./Notary Public /Magistrate.

 

b)      The balance 2% will be paid on the receipt of the consignment in good condition by the consignee in which case the consignee’s receipt should be submitted with the Contractor’s bill.

 

c)   In case  where the contractor is not in a position to submit bills for the balance 2%  for the want of the receipted copies of Inspection Notes/ Consignee’s receipt from the consignee and the consignee has not complained about the non receipt of   shortage or defects in the Supplies made, the balance amount of 2% may be paid    by the Pay & Accounts Officer,  without consignee’s receipt certificate after 120  days from the date of 98% payment / advance payment subject to the following conditions:- 

i)   The Contractor will make good any defect or deficiency the consignee may report within 6 months from the date of despatch of stores. 

ii)   The delay in supplies , if any , has been regularised.

iii)  The Contract price where it is subject to variations has been finalised.

iv)  The contractor furnish the following undertakings:

I/ We ………………………………………… certify  that  I/We  have not received back the inspection Note / consignee receipt certificate duly receipted by the consignee nor have I/ We been intimated by the consignee of the non receipt, shortage of defects in the stores supplied.

“ I/We………………………………………  agree to make good any defect or deficiency that the consignee may report within the months from the date of their final balance payment.”

I/We…………………………………………..further  agree  that all rights of the purchaser under the general and special conditions of the contract shall remain entirely unaffected thereby.

.

-:6:-

15.       INSPECTION:

   a) Spare Parts are exempted from pre despatch inspection and stores will be    

       accepted   under   Warranty Clause as per Annexure   “ Y “(Attached)

 

b)     All spare parts will be supplied in accordance with your standard Specification. Since the parts being supplied are under constant upgradation, changes, improvements, addition or substitution in your products would be carried out from time to time.

c)  The Stores under new part Nos. will be supplied with a certificate of interchangeability to the effect that items under New Part Nos. are exactly and freely interchangeable with demand one, component wise and assembly wise.  You will be responsible if the changed Part nos. does not function in the manner for which the original Part no. was ordered

 

d)PLACE OF INSPECTION :     -- NOT APPLICABLE.

e) Inspection Authority- ADG(QA), DGS&D, New Delhi

 

f) Quality Assurance Officer- NA

 

(M.L.R RAMAKRISHNAN)

ASSTT. DIRECTOR(Supplies)

For & On behalf of the Purchaser named in Form No: DGS&D-1001.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-:7:-

SCHEDULE – B

 

OFFICER AUTHORISED TO OPERATE RATE CONTRACT

(Ref.  Clause 2.2 of DGS&D 1001)

(A)  Placement of orders by Central Govt. Purchasers/ DDOs

 

Supply Order under this R/C with paying authority as Controller of Accounts, Deptt. of Commerce (Supply Division) named in the Schedule A can be placed by Central Govt. DDOs (eg. Defence Establishment, Railways, Paramilitary Establishments, CPWD, Central Ground Water Board etc. supply orders can be placed on DGS&D Form- 131 ( Printed form or Photocopies  one of  even typed form paying authority.

(Defence / Railways DDOs may use their own forms)

All Central Government DDOs (other than PSUs ARE AUTHORISED TO PLACE ORDER DIRECTLY ON DGS&D Form –131 with copies to DGS&D paying Authority ( Ref. Clause  15 of  Schedule “ A”) along with a certificate as follows:-

Certified that:-

a)      This organisation/Department/Establishment is directly under Central Govt. Ministry/………………………………………………………………………

 

b)      Our Budget Head (Central Govt.) No. is…………………………………

 

c)      Payment against this Supply Order may be released through Paying Authority as per R/C and debit vouchers forwarded to our concerned financial Authority/ Accounts Officer……………………………………………(Address)

 

d)      Necessary Financial Sanction of the Competent Financial Authority has already been obtained.

 

e)      I , (Name) ………………………………………Designation……………………

Have been empowered by the Competent authority to act as D.D.O. for this organisation / Department / Establishment.

 

Dated:

                                                                                    (Signature)

                                                                                NAME:   

                                                                         

                                                                                DESIGNATION:                                                                              

                                                                                 ADDRESS :

  

 

 

-:8:-

 

Schedule –B(Contd.)

B) Placement of orders on behalf of State Govt. Indentors /PSUs (Central or State). The State Govt. / PSU  DDOs  who wish to place orders under this R/C can forward their indents to DGS&D, New Delhi or to their Regional offices at Chennai, Kolkatta & Mumbai in the prescribed form  DGS&D-  85/86 (Printed / Photocopies/Typed), along with Demand Draft or Cheque  favouring Controller of Accounts, Deptt. of Commerce (Supply Division)   named in Schedule – A for total value of the indented spares including applicable sales Tax position),  after adding  the Service charges of DGS&D 1%.  DGS&D in turn  will place supply order on the R/C holder with copy to the Paying Authority and others.  After completion of Supplies & the Payment thereof, the DDO may write to the Paying Authority for the refund of the unspent portion of the remittance made with the indents, if any.

  (C) FINANCIAL CERTIFICATE

( To be furnished by the Indentors/ Direct Demanding Officers)

The Supply Order placed by the DDOs in DGS&D Form No:131 may also include an indication with regard to the availability of funds and also carry the following financial certificates:-

I Certify that:-

a)      We  are a Central Govt. Department drawing funds from the Consolidated Fund of India

b)       The Expenditure involved for this purchase has received the sanction of the Competent Financial Authority.

c)      The Funds are available under the proper Head in the Sanctioned Budget Allotment for the year ……………….   And

d)      I have fully been authorised by the Department to sign the Supply Order and incur the liability in respect of the store being ordered.

 

NAME OF THE DIRECT

DEMANDING OFFICER:

 

DESIGNATION:

 

OFFICE / DEPARTMENT :

 

Date:

 

 

 

 

 

 

-:9:-

ANNEXURE   “ Y”

GUARANTEE / WARRANTY:

The Contractor shall furnish the  following Warranty in case the contract is placed on him:

“  The Contractor/ Seller hereby declares goods/Stores/articles sold to the buyer under this contract shall be of the best quality and workmanship and shall be strictly in accordance with the specifications and particulars contained/mentioned in the clause…………… hereof and the contractor/seller hereby guarantees that the said goods/ stores/ articles would continue to conform to the description and quality afore said for a period of 12 months for indigenous stores and 15months for imported stores from the date of delivery of the said goods/stores/articles to the Purchaser and that not withstanding the fact that the purchaser (Inspector) may have inspected and / or approved the said goods/ stores/ articles during the aforesaid period of12/ 15 months and if the said goods/stores/articles be discovered not to conform to their description and  quality aforesaid or have deteriorated ( and the decision of the Purchaser in that behalf will be final and conclusive), the Purchaser will be entitled to reject the said  goods/stores/articles or such portion thereof as may be discovered not  to conform to the  said description and quality.  On  such rejection, goods/stores/articles will be at the sellers risk and all provisions here in contained relating to the rejection of goods etc. shall apply.  The Contractors /Seller shall , if so called upon the replace within a period of one month or such further period as may be extended from time to time  by the Purchaser in his discretion on an application made therefore by the Contractor/ Seller, goods/stores/articles or such portion thereof as is rejected by the Purchaser and in such an event the above mentioned Warranty Period shall apply to the goods/stores/article replaced from the  date of replacement thereof.

Otherwise, the Contractor/Seller shall pay for the breach of the conditions, therein contained.  Nothing herein contained shall prejudice any other right of the Purchase in that behalf under this contract or otherwise.”

Guaranteed that they will supply spare parts, if and whom require, on the agreed basis for an agreed price.  The agreed basis could an agreed discount on the published catalogue or an agreed percentage of profit of the landed cost.

Warranty to the effect before going out of  production for spare parts, they will give adequate advance notice to the Purchaser of the Equipment so that the letter may undertake the balance of the lift time requirements.

Warranty to the effect that they will make available the blue print of the Drawings of the spare Parts, if on when required in connection with the main equipment.

Any stores purchased by the Indentor other than M/s. bajaj Auto Limited will not be under guarantee / Warranty Clause. The defects so noticed by the Indentor will be repaired at their own risk and costs.

All purchase of Spare Parts necessarily will have to be made through Manufacturers only and not through their Vendors / Suppliers.