providers for custom clearance, handling and transportation … · tender document for custom...

1

TENDER DOCUMENT for Custom Clearance, Handling and Transportation of Containerized

Cargo at Visakhapatnam Sea Port upto BALCO Korba

Bharat Aluminium Company Limited (BALCO) invites offer from CHA Service

Providers for Custom Clearance, Handling and Transportation of Containerized Cargo at Visakhapatnam Sea Port upto BALCO Korba. The Service provider has to submit the same tender document in original in a sealed cover on or before 21st September’2017

TENDER DOCUMENT NO: (REF NO: - BALCO/RM/CHA/IMPORT/2017-18 (To be quoted for all future correspondence)

HEAD COMMERCIAL

BHARAT ALUMINIUM COMPANY LIMITED

COMMERCIAL OFFICE,

ADM BUILDING, BALCO NAGAR,

KORBA - 495684

CHATTISGARH STATE, INDIA.

Fax: +91 7759 240626.

2

INSTRUCTIONS TO BIDDERS

Note: Please attach your company credentials /last 3 years balance sheet/ contract handled by

your company alongwith Annexure-I.

1. All pages of the Tender/Bid comprising of Commercial Bid and Information/Documents as

specified in Annexure-I should be signed and seal should be affixed.

2. The Bid should be unconditional acceptance to the terms as contained in the general Terms &

Conditions and Special Terms & Conditions.

3. No over-writings or correction shall be accepted unless authenticated with signature.

4. The Tender/Bid along with the Earnest money Deposit in a Sealed Tender/Bid should reach

BALCO on or before 21st Sep‟17. BALCO will not be responsible and will not be in a position to

entertain for any delays on account of postal delays, loss of documents, etc.

5. Successful tenderer will have to submit Bank Guarantee/Security Deposit.

6. If the space provided in the registration form is not sufficient, please attach separate sheets and

give Annexure reference number on the attached sheet.

3

GENERAL TERMS & CONDITIONS TERMS:

1. The Quantity mentioned in the Commercial Bid attached as Annexure I are indicative only

and shall not be binding on BALCO. BALCO reserves right to amend/modify the quantity

specified in Commercial Bid, before awarding/execution of the Formal Agreement. We

intend to avoid negotiation and you may not be even called for negotiation if your price is

not competitive.

2. SCOPE OF WORK:

a) To clear all Containerized Consignments, in bagged and palletized form, from Customs at

Visakhapatnam Seaport and deliver them at BALCO Stores. The Clearance may be on Merit

or EPCG or Advance license or DEPB etc. as the case may be applicable.

b) Shipment arrival planner will be sent by BALCO at the starting of every month for necessary pre-planning by the CHA, which includes ETD of the shipment.

c) BALCO to provide all copy of shipping documents at least 7 days prior to arrival of cargo at port.

d) All Scanned Copy of Shipping Documents shall be checked by CHA, thoroughly for errors/

discrepancies, if any. Same shall be reported to BALCO within one working day of

submission of copy of documents. Else, return mail to be sent conforming documents are

“OK” along with the confirmation of detention free period applicable on the shipment.

e) To follow-up regularly with respective buyer and to collect further documents, if required any, well in advance to the date of vessel arrival.

f) Duty Worksheet to be prepared by taking correct HS Code duty calculation for the respective

material and submitted to BALCO at least 5 working days prior to arrival vessel along with

the advance requirement for Statutory Charges with proper explanation and supporting

invoices/ Rate List in advance.

g) To liaise and co-ordinate with shipping agent and see that all the formalities regarding IGM

manifestation and other related work both at Custom House / Dock/ are completed well in

time, so that there is no delay in passing of bill of entry and payment of custom duty and

taking delivery of the material.

h) BALCO aim to ensure 100% advance filing of all our import consignments‟, subject to timely

submission of all copy of shipping documents, no issues with the IGM and with the Customs/

Liner System.

Kindly ensure to prepare and file the Bill of Entry/ TR6 for all import shipments. All efforts

to be made to ensure, the consignments can be cleared in minimum possible time. For this, as

soon as the IGM is filed, the BOE/ TR6 Challan to be generated within max 12 working hours

and immediately forward to BALCO for Custom Duty Online Payment. And in case of urgent

requirement of the Consignment by BALCO, through “Prior Entry Import General Manifest”

Bills of entry to be filed and get them assessed and send to BALCO for the e-payment of the duty.

4

i) To follow up with Shipping Companies, Consolidation Agents, Collection of Documents from the Agents and Obtaining Delivery Orders.

To ensure Clearances and Dispatches of Import Consignments irrespective of parcel size

without demurrage & detention, 14 free days from the date of arrival of shipments will be

ensured. This is subject to timely receipt of complete and correct original documents,

Payment of Customs Duty & Statutory Charges (in advance) and no issues with IGM,

j) Customs or liner system and there will be no detention & demurrage payable by BALCO for

period beyond free days subject to agreed conditions.

k) To ensure while taking the delivery of our imported consignment at Seaport, that the number

of bundles, pieces / package tally with the description given in related Bill of Lading (B/L),

Packing List or Bill of Entry. For any short receipt, short landing certificate to be collected

from Port Authorities, Shipping Agent, etc., as the case may be, will be obtained and the

formal claim on our behalf should be filled. This claim should also be followed up with

Customs and ensure its earliest settlement.

l) At the time of Container de-stuffing, third party Survey to be done by your nominated

Surveyor. In case of any damage to CARGO is noticed, immediately the Supplier Surveyor

as mentioned in the Insurance Certificate to be intimated and Joint Survey to be done.

m) CHA can provide Storage at CONCOR CFS/ SRAVAN CFS/ outside, if required for which, prior approval to be taken from BALCO and the payment will be done as per annexure.

n) Pallets repair/ repacking or Bags repairing/ re-bagging, if required to be done, In case of

cargo pilferage/ damage due to above reasons reported to plant premises while unloading,

penalty based on cargo status will be levied.

o) Transportation by Road of Containerized/ De-stuffed Import Consignments from

Visakhapatnam to our Plant Located at Korba, Chattisgarh, India through Trailers or Trucks

from Vizag to Balco as per the Contract. Also, BALCO reserves the right to appoint one or

more Service Providers for the same destination and / or other destinations.

Mode of transportation is as follows: S. No. Mode of Transport Minimum Load Guarantee

1. Trailer 22 MT, 26 MT & 28 MT

2. Trucks 16 MT for 10 Wheels Truck/20 MT for 12 Wheels

Truck(as per the RC Copy to be submitted along with the

LR)

p) Transit time for direct trucks and trailers will be max 6 days from Vizag to BALCO and for

trans-shipment, the max. Transit time allowed will be 12 days.

q) Service provider should ensure relining material transportation to Balco through direct transportation only & for rest, transshipment has to be minimized.

r) To ensure that, the import goods are transported in direct trucks/ trailers or through trans-

shipment trucks with the requisite packing materials to prevent any damage or deterioration

5

of materials during handling and/or in transit. In case of wooden crates / cardboard boxes,

the same should be palletized and made adequately strong to withstand handling/ transit

shocks. In all cases, whether crates, jumbo bags/ bags, the truck or trailers should be covered

with adequate tarpaulins on both top/ bottom/side/ rear side to be protected to dunnage to

avoid cargo damage and should be strong enough, so as to avoid moisture and water. In case,

bags and pallets are found damaged as confirmed by Joint Survey, the same shall be re-

packed or repaired by the Service Provider.

s) In case of the transport of hazardous chemicals from the Port of Entry to ultimate

destination, the Central Motor Vehicles Rules, 1989 or any amendment to its thereof to be

complied with.

t) Service Provider has to ensure the safe and secured delivery of the consignments as per the

Packing list without any loss in quality or quantity. Weighment at BALCO site shall be final.

u) Weighment Tolerance of 0.5% will be applicable. In case, if there is any shortage noticed in

Weighment > 0.5% at BALCO Weighbridge, then there would be deduction for the value of

goods (duty inclusive) for the short receipt quantity, over and above the allowable weighment

tolerance of 0.5%. The deduction will be made from Service Providers‟ any outstanding

amount due to BALCO or from the Bank Guarantee.

v) BALCO reserves the right to appoint their own alternate authorized Service Provider for

Transportation of Cargo from Vizag to Korba. In such a case, Service Provider shall make

arrangement for loading of BALCO Imported Consignments into Trucks at Docks and

handover the consignment or consignments to BALCO appointed alternate Service Provider

for onward delivery of material at BALCO respective Plants as per the instructions of

individual buyers.

w) To ensure the registration of DEPB/ EPCG/ Advance License within 5 Working Days from the date of receipt of the license.

x) To keep the respective buyer of BALCO informed about the ETA, berthing, movement of

containers, customs clearance, lifting of material covering each import shipments on day-to-

day basis with a „Daily Clearance Status‟ to be circulated on every working day and dispatch

report also to be provided with Truck No., Net Weight, No of Bags/ Pallets and any other

relevant information as soon as the dispatches done from Vizag.

y) A detailed MIS report against each consignment to be provided every fortnight. The MIS

report will contain ETA/ATA of arriving consignments, status of original documents, status

of IGM/Bill of Entry filing, payment of Customs Duty, Status of movement of containers to

the

Liner‟s nominated CFS, Current Status of each consignment under customs assessment/

clearance, status of DO from liner, status of utilization of licenses against any consignment,

and a report on EPCG/DEPB/Advance License Utilization, Material Dispatch Details,

Material in Transit, Advances/ Custom Duty Payment/ Bill Payment Reconciliation Status

and other relevant information.

z) To Provide MIT/ Material at Port/ Stock Report of Import Consignments at Visakhapatnam Seaport and also to provide DEPB/EPCG/ Advance Licenses Status at Office Closing hours on the last working day of every month.

6

aa) Any Bond/ Declaration/ Communication to Customs Authority should not be submitted

without prior consent/ approval in writing from BALCO.

bb) BALCO shall not be bound to any declaration or undertaking given by you to Customs Authorities on your own account without BALCO‟s approval.

cc) To submit the agency bill and bill of statutory charges along with corresponding evidence of

payment made and receipt obtained from concerned shipping lines, customs/ port authorities

and original BOE (duplicate & Triplicate) along with TR6 (in case of manual BOE) should

reach BALCO within 15 days of successful clearance and dispatch of complete consignment

from Visakhapatnam. This shall be strictly complied to.

dd) Any special expenses, if any, over and above the charges mentioned in this contract will be paid only after obtaining the prior written approval from BALCO.

ee) To provide the bills with the below attachments and supporting documents:

o Covering letter (seal and signed) for each consignments separately, mentioned the details of documents enclosed with it.

o Invoice as per the contract charges (seal and signed)

o Original Supporting documents/ invoices for the reimbursement charges

o If detention/ demurrage payment is made, then a note required mentioning the reason for demurrage/ detention.

o Original LR Copy

o Survey Report

o Duplicate and Triplicate Copy of Bill of Entry (in Original), with Cenvat

endorsements, if applicable for that consignment.

o Original Copy of TR6 Challan (in case of Manual Bill of Entry)

o Original NN Documents like Bill of Lading, Invoice, Packing List, COO, Cert. of Insurance etc.

o Original Import License, if any

o Any other document, whose bills have been paid in advance by BALCO

All invoices with the above attachments to be submitted within 15 days of the satisfactory clearance and dispatch of the material.

ff) Bills for all the clearance charges must be prepared strictly in compliance with the rates

mentioned in the contract and the same shall be paid within 15 days from the date of receipt at

our end.

gg)Service Provider‟s service charges will remain firm and binding during complete period of

the contract. Only in transportation rate, standard BALCO diesel price variation clause will

be applicable.

1. The calculation of % increase/decrease in the Freight (In Rs/MT) shall be worked out as % increase/ decrease in Diesel Price (In Rs/ Litre) in Vizag.

(mypetrolprice.com can be taken as base for reference) 2. Base rate of Diesel as on 30-09-17 will be used.

3. Increase/Decrease in transportation cost is provided only when variation in

diesel price is above/below Re 1 and the same would be effective from 1st of next month

7

hh) Also faithfully and diligently carryout obligations and comply with and act within the mandate of applicable law and regulations.

SERVICE PROVIDER SHOULD HAVE ONE KEY ACCOUNT MANAGER WITH ITS

TEAM FOR BALCO OPERATIONS THROUGHTOUT THE CONTRACT PERIOD.

ANNEXURE -1

Sl.No. Description Quantity (MT)

1 Materials like Aluminium Fluoride, Synthetic Cryolite,

Relining Materials for Aluminium Metallurgy

20,000

3. Earnest Money Deposit: The Prospective bidders shall submit their Tender/Bid

alongwith Earnest Money Deposit (EMD) of Rs Five Lakh only by Demand Draft or

BG (as per proforma enclosed in Annexure III) in favour of “Bharat Aluminium

Company Limited” payable at Korba. EMD will be refunded on completion of the

Tender Evaluation. No interest shall be payable on EMD. In case of Successful Bidder

(the Bidder who’s Tender/BID is accepted in whole or in part by BALCO) the EMD

will be returned on receipt of Security deposit in the form of Bank Guarantee/DD.

Tender/BID without EMD will be rejected.

4. Duration of Contract: Contract Duration will be October’17 to October’2018.

However, BALCO reserve the right to extend the contract beyond the period or short

close the contract without giving any reason thereof. The decision of BALCO shall be

final and binding in this regard.

5. BALCO does not pledge itself to accept the lowest Tender/Bid and reserves the right to

refuse or accept the whole or any part of the tender or portion of the Supplies/Services

offered and the Bidder shall provide the same at the rate(s) quoted.

6. RATE:

Kindly quote the rates against the yellow color highlighted cells.

S.NO Brief Description of the Activity In Rs. / 20' In Rs. / 40'

1 CHA Charges inclusive of : Agency Charges, Bill Of Entry, Processing Documentation Charges per Bill Of Entry, Custom Conveyance and Documentation

2

CFS Charges inclusive of : Container Guarantee, Cooperating & Repacking, Opening / Examination / Out Of Charge, Transportation Of Loaded Container To Transporters Warehouse / CFS & Returning Empty Container to Liner's Plot, Loading of Containers into Truck from Docks, De-Stuffing Charges, FLT & Crane Charges, Labour Charges

At Actuals

3 Clearance under EPCG / Advance License per License

4 Survey Charges Per Container

5 Way Bill / Transit Permit Expenses Per TP

6 Re-Bagging Cost (In- Case of Damaged Bag)

8

Miscellaneous Charges

7 Registration of DEPB / DEEC / EPCG / DFIA Licenses for all

places

8 Incoming TRA Charges per DEPB / DEEC / EPCG License

9 Outgoing TRA Charges (DEPB / DEEC / EPCG)

10 License debiting charge per License per Consignment

Other Charges reimbursable on Actual Basis

11 LCL Consignments dispatches through Express Transport At Actuals

12 THC / Wharfage / Bank & Insurance Charges At Actuals

13

All Statutory Charges, C.V.D, S.A.D, Duty Interest, EDI Receipt, Charges payable to Liner (Shipping Line Charges), Port Authority Charges, Warehousing Charges, DO Charges, Choking Charges, Stamp Duty, "N" form charges etc.

At Actuals

Transportation Charges from Vizag to BALCO Stores, Korba

14 16 MT Truck (10 Wheelers)

15 20 MT (12 Wheelers)

16 22 / 26 / 28 MT Trailer min.

17 Unloading of Cargo at Warehouse

18 Reloading of Cargo from Warehouse

19 Warehouse Storage Charges (Closed Area) Per MT/Month

The quoted rates shall remain firm during the contract period and no escalation will

be granted on whatsoever.

7. Payment Terms: Payment will be made within 30 days after submission of bill and

necessary documents.

8. Tax. Insurance premium payable by the Carrier to any insurance agency. Any

charges towards statutory levies / rates for labour employed by the Carrier as

prescribed by any statutory body or government Agency like Mathadi Boards etc.

wherever in force.

Income Tax will be deducted at source, at the applicable rates. The contract price

shall remain firm during the contract period and no escalation will be granted on

whatsoever ground, including among others, increase in cost of spares, tyres or levies

as mentioned above.

9. Other Conditions

a.) LOSS OF DOCUMENTS

The Carrier shall be solely liable for loss of goods/ any documents and in the

event of loss/theft/malpractices/accident, the Carrier shall file FIR at the police

station closest to where such event had occurred and give a copy of the FIR to

BALCO. In case of any accident/theft etc. it shall be the sole responsibility of the

carrier, to ensure the releasing of materials free from any charges, encumbrances

and/or restrictions from Courts/s or other authorities as regards its disposal, at its

own risk and cost by obtaining appropriate orders from the Court/other

9

authorities, if required by BALCO and ensure delivery of the same to BALCO at

the earliest for unrestricted utilization of the same.

b.) SHORTAGE

The quantity as specified in the invoice shall be counter checked by the Carrier

and if there is any discrepancy, it will be brought to BALCO‟s notice, otherwise

the cost of material including taxes as decided by BALCO shall be debited to the

Carrier‟s account on account of short fall in the quantity. The decision of BALCO

shall be final and binding on the Service Provider in this regard.

c.) VEHICLE DETENTION CHARGES:

No claim for detention charges of any nature shall be entertained by BALCO

under any circumstances and for any reason whatsoever for detention of vehicles

at any point during transit or execution of the service.

d.) . WEIGHT

For all services where service charges are based on the quantity, the weight

received at the un-loading point will be treated as Final. The same will only be

considered for the payment of services. The Net received weight will determine as

per given calculation below. RECEIVED WEIGHT = GROSS WT - TARE WT.

However allowance @ +/- 0.5% on the invoice quantity will be given as weigh

bridge tolerance allowance. If the material received in BALCO within 0.5%

tolerance, no deduction will be made for shortage and transport payment. In case

it exist more than 0.5% tolerance, the whole shortage material will be considered

as shortage and the same will be debited from your account.

e) LOSS OF GOODS

In case material is lost by theft, pilferage or hijacking of vehicle, the Carrier

has to inform to BALCO within 24 hrs. of information known to the Carrier with

subsequent action of lodging FIR (First Information Report) to police station on

driver/owner of the vehicle and submit the copy of FIR to BALCO. The Carrier

will also have to submit FIR (Final Inspection Report) for insurance settlement

purpose. During the course of investigation, money to the extent of value of

goods plus 10% shall be kept hold till insurance is settled.

10. Acceptance of Offers; Balco is not bound to accept the lowest offer or to give any

reasons for rejection of any offer and it shall be the sole discretion of the company to

consider or reject any bid. A formal contract shall be issued by BALCO towards the

successful bidder in the event of acceptance of the offer. Unless a formal contract has

been concluded no offer shall be deemed as accepted. Balco reserves the right to award

contract to more than one agency or split the contract at its own discretion.

11. Modification & Agreement: BALCO shall have the right to modify the contract

quantity in view of variation of requirement, price increase/decrease. Modification of

Agreement may also take place in contract period as it may be shortened or extended in

proposition to our supply pattern as we full depend on our contractor’s commitments.

10

.

12. Failure to Execute jobs Assigned: Under no circumstances shall the CHA discontinue

work under the Contract. In the event, the CHA fails to execute its obligations within a

reasonable period or refuses to execute or arrange to execute such obligations for any

reason whatsoever, Balco reserves the right to entrust the services partly or fully to any

other service provider/s at the risk and cost of the CHA besides recovery of all losses on

the Contract through the security deposit by the CHA.

13. Force Majeure: For failure of execution of any work due to war, restraint,

imposed by government, earthquake, fire, explosion, riot, lockout, etc, beyond human

control directly interfering with the work, Balco shall only allow such additional time

as may be considered justified by the circumstances of the case. No claim whatsoever

of compensation from the contractor for loss etc. on this account shall be entertained.

Direct or indirect loss, if any, to Balco due to negligence of the contractor during this

period, on this account can however be recovered from the contractor.

14. Termination: Balco reserves the right to terminate the contract at any time with or

without notice if the work is found unsatisfactory and also get the work done through

any other any agency at the risk and cost of the contractor. Violation of any of the

above terms may also lead to cancellation of the contract and liabilities of the

contractor, if any, shall be deducted from his pending bills.

15. Obstruction of work: CHA shall ensure all timely payment of dues to their workmen.

In case contractors staff or workmen or are found obstructing the normal working of

Balco, the same shall be viewed seriously and shall make this contract liable for

termination.

16. Arbitration:. In case of any dispute or difference between the Parties the matter shall

be decided by mutual negotiation & agreement. If any difference persists on a matter

of law or interpretation of this document the decision of mutually appointed arbitrator

would be final & binding. All disputes arising out of or in connection with the present

contract shall be finally settled under the Rules of Arbitration of the International

Chamber of Commerce by one Arbitrator appointed in accordance with the said Rules.

The contract shall be governed by, construed and interpreted in accordance with the

said Rules. The contract shall be governed by, construed and interpreted in accordance

with the laws in India. The venue of Arbitration shall be at Korba India only. The

Arbitration shall be held in English language and the award of the Arbitration shall be

final and binding to both the parties.

17. Inspection of Consignments: Balco reserves the right to inspect the consignment at any

time or place after the same is handed over to the CHA for execution after giving

reasonable notice and the CHA shall make necessary arrangements for inspection as

and when called upon in this regard by Balco. The CHA in such cases shall not be paid

any charges in any form for the contract so made.

The cost for inspection agency appointed by Balco shall be borne by Balco

18. Jurisdiction: This contract will be subject to Korba, Chhattisgarh Jurisdiction only for

all legal matters.

19. Security Deposit: The CHA has to deposit a fixed amount of SD within a period of one

week after awarding

11

Contract Value

(Sum of Total Contracts Awarded)

Security Deposit Required

Above Rs. 1 Cr. upto Rs. 3 Cr. 10 Lacs




Above Rs. 20 Cr. 50 Lacs

RESPONSIBILITY/OBLIGATIONS OF “CHA”

The trucks provided are owned or otherwise belong to the CHA. That the trucks hired/not

belonging to the “CHA” shall not absolve the CHA from any of the obligations under this

contract or mitigate the liabilities arising out of the breach of the conditions or expressed

therein.

1.1 The CHA will not use the name of “Balco” in any manner either for credit arrangement or

otherwise and it is agreed that “Balco” is no way responsible for the debts of the CHA

and/or its employees.

1.2 If at any time during the contract, the CHA fails to transport the goods as provided herein

above or to perform the various other obligations specified in the contract, Balco in its

discretion and without prejudice to other rights and remedies, may obtain services from

other CHAs to perform the obligations and transport the goods at risk and cost of the CHA.

The CHA undertakes to reimburse to Balco all additional expenses incurred by Balco in

this connection.

1.3 The CHA shall not have exclusive right to operate trucks for Balco and Balco will be at

liberty to appoint one or more additional CHA either to run concurrently with the CHA or

separately.

1.4 The CHA will arrange to bring into use Lorry receipts with printed serial No. The reverse

of the Lorry receipts shall be provided the format of acknowledgement for the receipt of the

consignment.

1.5 The CHA will furnish lorry receipts and other documents as per BALCO requirement.

CHA shall give only clean and unconditional lorry receipt and remarks like “said to

contain” or at “Owner’s risk” will neither be valid nor accepted. Even if lorry receipts

containing such remarks is issued, the terms and conditions of Balco will prevail.

1.6 The CHA shall ensure that the weight and volume of goods loaded for consignment in the

vehicle is within RLW permissible limits prescribed in the RTO registration book. The

CHA shall solely be responsible and completely indemnifies Balco against any penalty, legal

actions, loss and damage, if any, suffered by Balco on account of violation and /or breach of

weight and volume limits prescribed in the RTO registration book.. Balco shall not be in

any manner responsible for the penalties action taken by the appropriate authorities for

carrying goods in violation of the RLW permissible limits. It is unambiguously agreed

upon that the CHA shall be solely responsible to ensure that the goods loaded in the trucks

are not in violation and/or breach of weight and volume limits prescribed in the RTO

registration book.

1.7 The trucks provided are in perfect roadworthy condition and maintain all features

necessary for smooth and safe transportation of products as per specifications to their

respective e destinations. The CHA shall be held accountable for any theft, pilferage,

adulteration, malpractice or damage to the consignment en-route.

1.8 The CHA will not offer suspended or blacklisted trucks.

1.9 The truck provided is equipped with all the valid and subsisting permits and licenses from

respective transport authorities required for authorized road movement. The road and

other tax certificates for the vehicle and driving license of the driver are kept valid during

the period of the contract.

12

1.10 The CHA will have a comprehensive insurance policy from an established insurance agency

for each vehicle and keep such policy in force at all times to cover all risks of whatever

nature inclusive of any damage caused by the trucks to Balco’s property. The CHA will

produce for the perusal of Balco the original Insurance policy and proof of payment of all

insurance premium and charges in respect thereof as and when demanded by Balco.

1.11 The CHA shall ensure that its employees, while on the premises of Balco or while carrying

out their obligations under this agreement observe the general discipline laid down by

Balco.

1.12 The CHA agrees to abide by the Motor Vehicles Act, Payment of Wages Act and other

regulations in force in the area where he is plying the trucks.

1.13 The CHA shall observe and implement all the laws of the land and the rules framed there

under which are beneficial to the staff employed by him and that Balco shall in no event be

liable or responsible for any default that will arise out of non-observance of such laws, rules

on the part of the CHA and the CHA shall indemnify and keep indemnified Balco against

the same from all proceedings in respect thereof.

1.14 The CHA shall comply with all the statutory requirements as stipulated in various acts and

laws regarding casual/contract labour deployed by him for various activities connected with

the contract. The CHA shall be fully responsible for the conduct or his crews at loading

and unloading premises.

1.15 The CHA shall be solely responsible for non-compliance with any statutory requirements.

It is specifically understood that the Balco shall not have any privy with labour deployed by

the CHA. The CHA shall satisfy himself about past conduct of labour deployed by him.

1.16 The CHA shall be liable for all payments to his staff employed for the performance of

carrying out of the said work and in respect of all claims and liabilities of the CHA’s

business and Balco shall in no event be liable or responsible for any payment and the CHA

shall keep Balco indemnified against the same and from all proceedings in respect thereof.

1.17 The employees of the CHA shall never be deemed to be the employees of Balco.

2. LIABILITY OF CHA

2.1 The “CHA” shall accept the goods at its own risk and shall accept full responsibility for the losses

arising out of damage of the goods and shall also accept the full responsibility for non-delivery or

short delivery of the goods due to theft, pilferage, accident, fire or any acts of God.

2.2 “Balco” will also be entitled to compute the amount of loss suffered by “Balco” and entitled to be

reimbursed from the “CHA” under these provisions and the decision and determination by

“Balco” or its authorized representatives as to the reasons for such loss or as to the existence of

any acts or events such as riots, civil commotion or natural calamities as prescribed shall be final

and binding on the “CHA” and shall not be questioned in any court of law, or arbitration or

otherwise and the “CHA” do thereby irrevocably authorize “Balco” to set off and adjust such loss

or damage against the pending payments to the “CHA” and in the event of shortfall therein, the

13

“CHA” shall immediately upon a certificate issued by “Balco” pay the same to “Balco” without

any demur or objection.

2.3 The “CHA” shall be liable for any loss or damage to “Balco” employees, the “CHA s employees

or to any third party resulting from fire, leakage, negligence, explosion, accident or any other

cause in operating the said trucks at the time of loading, unloading and / or during transit and the

“CHA” shall indemnify and keep in indemnified “Balco” against any such loss or damage and

shall pay to “Balco” such amount as “Balco” may be called upon by law to pay. The “CHA” shall

remain at all times, liable and responsible to “Balco” for any loss or damage caused to any

building, plant and machinery or the property of “Balco” by any carelessness, negligence,

inexperience or willful fault of the “CHA” or his agent or by his employee of which “Balco”

alone shall be the sole judge. “Balco” shall be at the liberty to debit any cost of repair to loss or

damage to the account of “CHA”.

2.4 The “CHA” will make good to “Balco” any loss arising from:

2.4.1The confiscation by government or local authorities of any quantities of the said products

delivered to the “CHA” for transportation.

2.4.2Loading, unloading or in transit for reasons other than the natural calamities such earthquake,

cyclone, floods and lighting, riots or civil commotion and or accidents.

REF: BALCO/RM/CHA/IMPORT/2017-18

INFORMATION /DOCUMENTS TO BE PROVIDED WITH BID

Name of the Bidder

Legal status of the Bidder (i.e.

Proprietorship/Partnership, Public Limited

Company/Private Company)

Complete Address

Name, Address & contact details & contract

details of Key Contract

Persons/Directors/Partners

Details of Related Companies/businesses

where in the Directors/Proprietors are

common and their Turnover & Product

Range/Services

Major Clients and value of business with them

Name of the Banker

Total Manpower

a) Technical

b) Non-Technical

Escalation matrix for redressing the

complaint(s)

Attach copies of

a) Annual Report/Balance Sheet for last 3

financial years

b) PAN Number

c) SAC Number

d) GST Registration Number

e) Agreements with Top 5 clients.