ANNEXURE-II

SPECIAL TERMS AND CONDITIONS

1. The prices indicated shall include provision of required tools & tackles for
Erection of pipes, Valves etc as per the scope mentioned.

2. It is your responsibility to keep the materials that are being used for this project
under safe custody and maintain necessary account for the same. The
accounting documents shall be periodically reviewed by our EIC. Upon
completion of the work, material reconciliation statement shall be submitted to
us prior to submission of your claim for Retention amount for the materials
provided by PAPL.

3. You shall mobilize responsible and Qualified Engineers & Supervisors as required.
The workforce to be mobilized shall be of Skilled men


4. Safety Regulations:

An Abstract from General Conditions of Contract enclosed which shall
be strictly adhered to.























ANNEXURE-III

GENERAL TERMS AND CONDITIONS

1.0 Price Basis & Quantities:

The unit rates indicated in the Work order shall be firm till the completion of
work. No variation of prices in respect of miscellaneous structural steels, other
materials, etc. will be considered.

The quantities as indicated in the schedule are approximate. However, the
payment shall be made only for the actual quantity measured /executed at site. .

2.0 Engineer-in-charge:

You shall carry out the work, under the direction of the Engineer-in-charge
(EIC) who shall be the authorized representative of PAPL.

You shall not oblige / carry out work for any other person / firm / agency, within
the work premises, without the consent of EIC.

3.0 Quality Checks:

In order to maintain quality of work, checks shall be conducted by EIC or any
other person delegated by EIC on the completed work / during the work process.
You shall provide the necessary assistance for completion of the quality checks.
You shall redo or rectify any portion of the work if not found satisfactory by EIC.
You shall not be entitled for any compensation on this account.

4.0 Work Measurement:

The complete work shall be measured by PAPL Engineer In-charge. You shall
also make available your representative to assist and witness the measurement.
All measurements, upon completion, shall be recorded in the measurement book
by PAPL. The same measurement shall be applicable for your claiming the
payment.

5.0 Billing:

You shall submit your monthly bill also called Running Account Bill (RA Bill), only
once during the first week of every month, unless indicated otherwise in STC.
Also test reports/certificates shall be submitted along with your bills. You shall
submit your bill only for those items / quantities recorded in the M book / Work
Measurement Record. You shall take all precautions to eliminate duplicate billing



/ errors. In case of duplicate billing / errors, your entire bill shall be rejected and
returned to you, for you to submit the correct bill, only after which, the bill shall be
processed for payment.


6.0 Incometax:

You shall provide the details of your Permanent Account Number (PAN Number)
in all your RA Bills. Income Tax at the prevailing rate shall be deducted from
your RA Bill and Income Tax Deduction Certificate shall be issued for the amount
deducted.

7.0 Insurance:

7.1 Erection All Risks

We shall arrange for Erection All Risks (EAR) Insurance Policy for all the
materials / equipment to be supplied and installed. However, you shall take
utmost care while handling the materials / equipment. If the insurance claim is
rejected due to poor workmanship or handling, the cost towards replacement of
the materials / equipment shall be borne by you.

7.2 Workmen Compensation:

The workmen under your Rolls shall be covered by a separate workmen
compensation insurance policy to be maintained by you. Any claim in respect of
the workmen compensation.

8.0 Subletting of works:

You shall not sublet any or all portions of the work to any agency without the
written consent of EIC.

9.0 Labour Management:

You shall strictly observe all the labour laws (not limiting to the ones listed
below) prevailing in the area of work. Any penalty against improper
management of labour shall be borne by you.

9.1 Minimum Wages:

You shall pay to all the personnel / hired labourers employed by you, wages in
accordance with the applicable Minimum Wages Act. You shall maintain Muster
Roll / Wage Cards for such payments. The Muster Roll / Wage Cards shall be
presented to the labour authorities at the time of inspection, if any.



9.2 Wages Disbursement:

You shall submit to us, within 2 days of disbursement a copy of the muster roll /
wage cards for our record.

If you fail to disburse the wages on the due date, we reserve the right to pay the
labourers the amount due to them after giving 24 hours notice to you. If you
require, you shall make available your representative to witness and countersign
for the payments and the amounts shall be recovered from your bill(s). We
reserve the right to recover the disbursed payments from your bill(s) with or
without your representative.

9.3 PF, FPF, ESI, etc.:

You shall observe all the prevailing rules and regulations with regard to Provident
Fund (PF), Family Pension Fund (FPF), Employee State Insurance (ESI), etc., you
shall ensure that the amounts recovered from your employees side along with
your contribution are remitted promptly to the appropriate Government
Authorities. Any penalty / interest levied by the Government Authorities on this
account shall be borne by you or recovered from your bills, as the situation may
require. Anyhow if the expenses incurred borne by PAPL, and the same shall be
deducted from your bills.

10.0 Benefits / Amenities:

You shall employ all your personnel / hired labourers, strictly in conformance
with the labour laws. You shall provide all the amenities in accordance with the
labour laws / acts. You shall also pay all the end benefits stipulated in the labour
laws / acts, if you are terminating the personnel / hired labourer.

11.0 Safety:

You shall be responsible for the safety of all your employees. You shall ensure
that all your workmen follow the Safety Codes and Practices at all times. You
shall also have First Aid Kit ready at site always. At least one of your personnel
should be qualified to perform First Aid in case of accidents. EIC shall have the
right to demand removal / replacement of any workman who is not following the
Safety Codes and Practices.











12.0 Completion:

Time is the essence of the contract. Target date for commissioning of this
project is April 2014,Accordingly you have to submit the detailed planning
schedule.
If you fail to meet the target/schedule/time, we have the full right to engage
other contractor/Labours and the expenditure incurred towards
hiring/construction/others shall be debited in your account.


13.0 Terms of Payment:

a. Advance of 3,00,000/-on mobilization of labours and it will be adjusted in your
running bills. .

b. 90% will be paid on 20days from the submission of running bills as per
certificate of the site engineer on pro- rata basis.

c . Balance 10% will be released on the successful commissioning of the project on
the basis of the certificate issued by the site engineer.

14.0 Service Tax:

Service Tax shall be paid Extra.

15.0 Quantity Variation:

The quantities indicated in the enclosure of this work order are provisional. PAPL
reserves the right to increase or decrease to the extent of plus or minus 20% of
the quantities of different items indicated in the enclosure without any change in
unit rate / price and other terms & conditions of the contract. However, the
quantities of individual items may vary upto any extent.

16.0 Settlement of Dispute and Arbitration

Any dispute or difference arising out of or concerning this order shall be settled,
to the extent possible, amicably between us.
Any dispute or difference whatsoever between the parties out of, or, relating to
the construction, meaning and operation or effect of this order / contract or the
breach thereof, shall be settled by arbitration in accordance with the Rules of
Arbitration of the Indian Council of Arbitration and the award made in pursuance
thereof shall be binding on the parties.

The place of arbitration shall be Kolkata WestBengal, India.



17.0 Termination

During contract period, your performance is not found satisfactory to the extend
of our expectation, we have full rights to terminate the contract without any prior
intimation.

18.Liquidated Damages:-

For every week of delay in execution of the contract, a delay charge of 0.5% of the
value of this work order subject to maximum of 5% of the value of the work order shall
be recovered from you as Liquidated Damages.

19.0 Jurisdiction

The courts at Kolkata shall have exclusive jurisdiction on all matters related to
this purchase order / contract.

20.0 Force of Majeure

Force Majeure is herein defined as any cause which is beyond your / our control,
as the case may be, which could not be foreseen or with a reasonable amount of
diligence could not have been foreseen and which substantially affect the
performance of the Contract. Some of the common Force Majeure causes are:

a. Natural phenomena including unnatural fires, floods, droughts, earthquakes
and epidemics.

b. Acts of Government, including war [declared], priorities, quarantines,
embargoes, restrictions and freight embargoes.

Force Majeure can be evoked by either party provided that party shall, within
fifteen days [15] from the occurrence of such a cause, notify the other in writing
of such cause.

21.0 Special Terms and Conditions [STC]
In case of disparity between this GTC and STC of this order, the conditions
stipulated in STC shall have precedence.

22.0 Order Acknowledgement
You shall sign and stamp with your company's seal on all pages of the copy of
this order and forward to us within three [3] days from the date of receipt order.