Terms Conditions National Engineering DT 13TH To 17TH Dec 2022

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E-Business Dot Com Pvt.Ltd.

201, 2nd Floor Royal Estate, 9/2, South


  Tukoganj, Indore, (M.P.) 452001  

“E- Procurement of Logistics Services for NATIONAL ENGINEERING


INDUSTRIES LTD.”

Buyer:

NATIONAL ENGINEERING INDUSTRIES LTD, JAIPUR


Date: 13th DEC 2022 to 17th DEC 2022
Auction Conducted By:

www.Steelez.net

Due Date & Time of Submission of acknowledged RFQ Scan Soft Copy, EMD, Pre-
Bids & Transporter selection criteria form (to be filled) is on or before Date
10.12.2022 till 3.00PM to [email protected]/[email protected]

Date & Time of Online Auctions

Date: 13th DEC 2022 TO 17th DEC 2022


Time: 11:00AM to 12:00PM ONWARDS

CONTRACT COMMENCEMENT: Duration of supply: 12 Months from the date of approval

Highly Confidential:

The enclosed document is meant for limited circulation. Individuals in receipt of this document without
specific authorization from Steelez.net, are requested to return the same without accessing/ duplicating its
contents.
E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

E- Procurement of Logistics Services of NATIONAL ENGINEERING INDUSTRIES LTD

1 OVERVIEW OF THE SERVICE PROVIDER & THE CLIENT

Steelez.net e-Trans - your platform on the web for all kinds of logistics solutions for
About Steelez.net your business. Functioning on the reverse auction model, Steelez.com e-Trans ensures
1.01
your business gets the advantage of operational performance from professional service
provider’s at the most competitive prices possible.

About NATIONAL NBC Bearings is the brand of National Engineering Industries Limited, a part of the US$
1.02 ENGINEERING 2.4 billion C K Birla Group, which manufactures a wide range of bearings for the
INDUSTRIES LTD automotive, industrial, aerospace and railways sector. The company had a gross
turnover of Rs 1352 crores in 2013-14.

NATIONAL NATIONAL ENGINEERING INDUSTRIES LTD


1.03 ENGINEERING
Khatipura Road, Jaipur
INDUSTRIES LTD

Mrs. Nidhi Sabarwal


Phone: 9752492139 (M)
0731-4715401
Email ID: [email protected]

Ms. Vaishali Andel


Project Auction
Phone: 9958773090 (M)
1.04 Contact:
Steelez.net 0731-4715407
Email ID: [email protected]

Address -
eBusiness Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South Tukoganj, Indore, (M.P.) 452001
E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

1. To participate in the online Auctions, interested Transport Service provider are


requested to submit this RFQ (duly stamped and signed in all pages) along with
refundable / adjustable Earnest Money Deposit (EMD) of Rs. 1,00,000
(Refundable) (Rs. One Lac only) payable by NEFT in favor of “eBusiness Dot Com
Pvt Ltd” payable at Mumbai by Date 10 th DEC 2022, failing which the participation
in the bidding will not be allowed or deposit the same in:
NAME:                               e-Business Dotcom Pvt. Ltd.
HDFC BANK A/C No.-     00362560011912
ADDRESS:                          UG-1&2, TRADE HOUSE
                                            SOUTH TUKOGANJ,
                                            INDORE MADHYA PRADESH
452001
                 
IFSC CODE:                        HDFC0000036
1.05 Earnest Money BRANCH CODE:                000036
Deposit and Bank
Guarantee
2. Existing service provider of NATIONAL ENGINEERING INDUSTRIES LTD need to
submit a declaration in their Company Letter Head mentioning the equivalent EMD
amount to be considered from their outstanding bills.

3. The successful service provider shall have to submit a SD of Rs. Five Lakh (Rs. 5, 00,
000) in the name of “NATIONAL ENGINEERING INDUSTRIES LTD”.

4. NATIONAL ENGINEERING INDUSTRIES LTD needs SD of 5 Lakh immediately after


approval OR ELSE EMD will be forfeited, Contract will be null and void & we will
award contract to alternate source.
5. There will be no interest on EMD/SD.
6. EMD shall be forfeited if L1 party fails to place the vehicles.

1.06 VALIDITY
1 Year from the date of approval

1.07 Material Description


Majority items are Bearings and components.

BIDDING IN THE LAST MINUTES AND SECONDS SHOULD BE AVOIDED IN THE


BIDDERS OWN INTEREST NEITHER THE SERVICE PROVIDER NOR CLIENT WILL
SPECIAL INSTRUCTIONS BE RESPONSIBLE FOR ANY LAPSES /FAILURE ON THE PART OF THE BIDDER,
IN SUCH CASES. IF THE SESSION GETS EXPIRED AND ACCOUNT GETS
LOGGED OUT, BIDDER NEEDS TO RE-LOGIN HIS/HER ACCOUNT.
E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

NATIONAL ENGINEERING INDUSTRIES LTD (“Company”)

TRANSPORTATION CONTRACT TERMS AND CONDITIONS


1.0 Freight Rates and Transit time for different stations: (as per annexure)

a. Freight rates are for door to door.


b. Overloading of vehicles is not permissible.
c. Freight payment will be made as per below criteria:
I. Between 4.5 MT to 5 MT = FTL of 5 MT
II. Between 5.1 to 6 MT = Propionate of 5 MT
III. Between 6.1 to 7 MT = FTL of 7 MT
IV. Between 7.1 to 8 MT = Propionate of 7 MT
V. Between 8.1 to 10 MT = FTL of 9~10 MT
VI. Between 10.1 to 18 MT = FTL of 16~18 MT
VII. Between 18.1 to 24 MT = FTL of 21~24 MT
VIII. For calculation of weight = As per Finish Go down approval

2.0 Miscellaneous Charges.

a) LR Charges Rs. 15/- extra


b) Unloading charges Rs.200/- PMT payable extra at Railway locations.
c) Toll tax and all others are included in freight rates.
d) Intermediate stations (within 100 KM) falling under specified routes will be paid as per the contracted
rates only.
e) GST (as applicable) shall be payable extra.
f) No any other commercial shall be payable extra.

3.0 Other Terms & Conditions:

A) TRUCK RELATED:

1) That the vehicles should be road worthy, neat and clean for loading. Transporter shall ensure that the
truck bodies are sturdy to carry the goods without any damage/pilferage. The transporter shall also ensure
that the trucks do not leave any trace of oil/water on the loading area.

2) The Transporter shall also ensure that the vehicles to carry the necessary road permits, registration book,
insurance certificates, pollution under control certificate and any other road worthy certificate if
issued/needed in accordance with the Central and State Government Laws. The driver shall possess a valid
driving license. The vehicles to carry any other document that may be necessary for plying of the vehicle as
needed from time to time as per the applicable statutory regulations.

3) NEIL shall have right to inspect the documents and the condition of the vehicle. In case it is found that
the documents are not in order, NEIL shall have the right to return the vehicle to transporter’s cost and the
E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

Transporter shall be obliged to arrange for the alternate vehicle from some other Agency/Transporter and
the extra cost of these freight and other expenses shall be charged to the Transporter.
That the non-inspection and or verification by NEIL shall not deem to amount to the verification of the
document for the regulations. It is the sole responsibility of the Transporter to comply with all regulations
in force.

4) That the vehicle should be covered body/open body as per requirement. It will be sealed from dispatch
point. The truck should reach destination with same seal no. You are not allowed to break the seal and
transshipment of material. You will take permission for same, if required in any case.

4.0 PLACEMENT OF THE TRUCKS:

1) The Transporter shall always place required number of Trucks at such time and such days (including
Sundays & holidays) as the Company Management absolute discretion may require. The truck shall be
available for loading within 24 hrs from the time of calling. If the same is not provided by the Transporter as
per the above schedule, then we shall have right to arrange for the alternate vehicle from some other
Agency/Transporter and the extra cost of the freight and other expenses shall be charged to the
Transporter.
2) Normally the vehicles reporting at the company’s factory premises till 10 AM will be loaded on the same
day. If the vehicle reaches after 12 Noon then its loading will be shifted to next day. Detention charges of
Rs. 700/- for ordinary truck (9 MT) and Rs. 900/- for double axle truck (15 MT & above) will only be paid to
the transporter if the goods are not loaded on the same day in spite of the truck reaching before 12 Noon.
Also, no entry period at NEI will also be considered for the transporters by NEI.

5.0 HANDLING OF THE GOODS:

1) No transshipment is allowed in case of truckloads. In exceptional cases or in case NEIL desires to do so,
then this will be agreed in writing with the official of NEIL at the loading station on the loading date. This
document will be subject to inspection and if not found in order NEIL shall have the right to terminate the
contract and impose penalty. The decision of NEIL shall be final and binding on the Transporter.

2) Handling of the goods should be as per the standards of NEI. While dispatch, the goods shall be covered
with one layer of polythene and then with double layer of tarpaulins before the truck leaves the
destination. NEIL shall hand over the transit document to the Transporter after ensuring the goods are
covered securely before leaving for the destination.

3) In case of vehicle accident/breakdown transporter shall inform immediately to NEIL official for necessary
guideline. Transporter shall follow NEIL instruction as per requirements.

6.0 TRANSIT TIME AND UNLOADING:

1) The transit time shall be adhered to by the Transporter as detailed in the Annexure. Defined transit time
is excluding of booking day and inclusive of delivery day.

2) If the goods do not reach beyond 5 days from the date of the agreed transit time then the Transporter
shall issue a non-delivery certificate to NEIL/Consignor at the originating station and obtain the official
receipt of such certificate within 2 days. If the Transporter does not issue the non-delivery certificate even
E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

after the receipt of the NEI letter on this issue within 15 days, then NEIL shall have the right to recover the
full cost of such goods from the Transporter.

3) The Transporter must have the GPRS system to live track & trace the consignment whenever NEIL
requires the information. Access must be available to NEIL team.

7.0 DAMAGE AND SHORTAGE:

1) In order to assess the cost of shortage the Transporter shall get in writing at the destination where
such shortage take place on the reverse of the Lorry Receipt.

2) The Transporter is fully responsible for the safe handling and delivery of the goods at the destination. In
case of damage/shortage the transporter shall issue the damage/shortage certificate as per the regulations
to NEIL, within 7 days of getting intimation of any such occurrence. Transporter will provide all the
necessary documents required for filing the Insurance Claim. In case the same is not done, NEI reserves the
right to recover the cost of Goods from the Transporter and in case there is no sufficient balance of credit,
than the transporter shall reimburse such cost to NEI Ltd., immediately.

3) Any claim for loss due to shortage/damage upto Rs.4000/- will not be accepted by the insurance
company, hence the same has to be borne by the transporter.

4) The Transporter shall assist NEIL in case of any documents/ information w.r.t. such damages/ shortages.

8.0 PAYMENT OF THE FREIGHT BILLS:

1) The transporter has to raise the bill for the transportation every fortnight along with the original
consignee copy of LR (POD). Payment will not be made on the basis of Photo copy of LR. This bills should be
submitted every 20th date of the month (for 1st – 15th of the month) and 5th of next month (16th –31st of same
month)
Payments will be made within 60 days of the date of the bills for each fortnight.
All the payments shall be made through RTGS/ NEFT only and NEIL shall make no cash transaction.
TDS will be deducted as per rules.
2) The Transporter shall be responsible for the safe delivery of all the required documents at the
destination including all E-way bill, copy of GST invoice (for availing GST input tax credit etc.). In case
documents are lost and not delivered to consignee/NEI and financial losses including loss of GST input tax
credit, is incurred, the same shall be debited to the account of transporter.

3) Any charges of incidental or Government levies due to loss of documents and non-compliance of the
documented procedure at the border and/ or at the check post and /or at any point during the transit shall
be to the account of the Transporter.

A maximum detention period of 2 days is allowed for clearance of such goods any delay beyond the 2 days
NEIL shall have the right to claim the damages from the Transporter.

9.0 HALTING CHARGES AT THE DESTINATION:


E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

1. Trucks should be off loaded at the destinations on the same day if it reaches before 10 AM otherwise it
shall be off loaded on the next day. Detention charges of Rs. 700/- for ordinary truck (9 MT) and Rs. 900/-
for double axle truck (15 MT & above) will only be paid to the Transporter if the goods are not unloaded on
the same day in spite of the truck reaching before 10 AM.

2. Such payments shall be reimbursed to the Transporter along with the freight bills provided the
designated officer at the destination endorses detention days in the LR.

10.0 CHANGES IN THE FUEL PRICES:

There will not be any change in the freight rates in case the prices of fuel change upto Rs. 1.00 of the
current fuel prices Rs. /Liter. (as on ) prevailing at Jaipur through website
https://www.mypetrolprice.com/ . In case, change in the fuel price is more than Rs. 1.00 then 55% of the
change (increase/decrease) in the prices will be given w.e.f. the date of change (1 st day of next quarter
month). The variation in rates will be reviewed on quarterly basis. The formula is as below:- Last quarter
average variation (Increase/Decrease
Per Liter x 55 = Percentage increase/ decrease to be given on freight.
Last Rate
11.0 Scope of Works/ Services: 11.1 Scope of Works/ Services broadly covers providing road transportation
services across various destinations for Indian Railways (IR) & Large Dia Bearings (LDB) Customers for
National Engineering Industries Limited (NEIL/ the Employer).
壱 11.2 Scope of Works/ Services under the Contract broadly covers providing road transportation
services mainly includes, but is not limited to, the following: i. Indian Railways Authorities
壱 ii. RTO/ District Administration
壱 iii. Village/ Local Authorities
壱 iv. Local Associations & Unions
壱 v. LDB Customers

X (a) The Contractor shall provide material transportation services in RSC Boxes, Wooden Boxes,
Pallets, any of NEIL’s Standard Packagings & returnable pallets including volumetric material loads from the
Employer’s plants to various destinations (including their Sub-urban areas) including material handling &
temporary storage, dispatch & related documentation activities for the Customers, including reverse pick-
up form the desired destinations.
X (b) The Consignment Load volumes shall be as per individual Purchase Orders (POs) & customer
delivery schedules, the same shall be agreed and complied by the Contractor and ensure availability of
vehicles for both part load and full load transportation.
X (c) The Contractor shall ensure that deployed vehicles should be closed metal body containers only,
in good working condition. The Employer reserves the right to reject vehicles deployed by the Contractor
not conforming to acceptable standards as per normal trade practices.
X (d) The Contractor shall place vehicles for material dispatch at the Employer’s plants within Twenty
Four (24) hours of the notice/ information provided by the Employer. If the Contractor is unable to place
vehicles as above or otherwise is in default of any of the provisions of Contract, then the Employer, at its
sole discretion, may engage any other Contractor for transportation of material and the additional freight
payable over and above the agreed freight and any other losses/ cost/ expenses etc. on this account shall
be paid by the Contractor to the Employer.
E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

X (e) The Contractor shall place the required Nos. of vehicles on a short notice, especially during
month-end dispatches, any denials for vehicle placements would be considered as breach of the terms &
conditions of the Contract and fetch penalties to be decided by NEIL.
X (f) Loading shall be in scope of the consignor. Unloading shall be in scope of the consignee, except
railway location. Un-loading of the Material at Railway locations along with required resources for the
activity shall be in scope of the Contractor.
X (g) Transit insurance shall be in Scope of the Employer.
X (h) The Contractor would be authorized (as & when required) as a representative of NEIL for pick-
up from the Customers premises and the Contractor shall perform such pick-up activities independently.
X (i) The Contractor shall make sufficient & optimized arrangements to fulfill Customer’s delivery
time-lines during local, regional festive seasons viz. Kavad Yatra, Ganesh Pooja, Durga Pooja, Holi, Diwali,
Dussehra, Kumbh Mela, Eid-al-Fitr, Id-ul-Zuha, Eid-ul-Adha & any other National/ Regional festivals &
holidays.
X (j) The Contractor shall deliver right qty., correct/ accurate, safe, zero damage, in-tact packaged
material to the Customers, take pictures/ video of the Consignment at the time of delivery for future
references.
X (k) The Contractor shall coordinate, communicate and liaison with following authorities to seamless
execution of services:
X (l) The Contractor shall depute necessary staff/ team at senior managerial level, supervisory staff
and working level staff for smooth operation/ execution of the entire Scope of Works/ Services.
X (m) The Contractor shall avail & utilize all types of vehicles & capacities for transportation services
as per requirements/ directions from the Employer.
X (n) The Contractor shall ensure that the all the drivers must possess a valid driving license.

(o) The Contractor shall prepare & provide mandatory information on each Lorry Receipt (LR) as below: i.
Freight charges along with applicable taxes & associated expenses on Consignor’s copy of LR
ii. Name of the Contractor/ Transporter/ Goods Transporting Agency (GTA)
iii. Serial number and date of consignment note/ LR
iv. Name of the Consignor
v. Name of the Consignee
vi. Registration number of the goods carriage vehicle
vii. Details/ description of goods transported
viii. Quantity of goods transported
ix. Details of place of origin
x. Details of place of destination

(p) The Contractor shall provide adequate ware housing/ storage space & infrastructure for temporary
storage while operating into Part Loads & Hub to Hub transfers, enabling seamless deliveries to the
Customers.
(q) All types of resources, infra & consumables expenses viz. manpower, material handling equipment,
electricity, diesel charges, telephone, internet back-up, computers, printers, stationary items, washing/
cleaning items & others to perform Scope of Works/ Services seamlessly, shall be in scope of the
Contractor.
(r) The Contractor shall dispatch material in dedicated vehicles from last mile hub & into FTL, to the
Customers, following all safety measures & guidelines and collect proof of delivery form the Customers for
delivered material.
E-Business Dot Com Pvt.Ltd.
201, 2nd Floor Royal Estate, 9/2, South
  Tukoganj, Indore, (M.P.) 452001  

(s) The Contractor shall utilize roads with No Entry or avoid No Entry timings for material movements for
the Customers.
(t) The Contractor shall obtain & maintain the following regulatory compliances for transportation services:
i. ISO : 9001 Certification
ii. GST Registration Certificate
iii. Shops & Establishment Act Registration
iv. Trade License of the Firm/ Company
v. Motor Vehicle Registration Certificate
vi. National Permit for Inter State Road Movements
vii. Registration Certificate with State Labour Department
viii. Other State Specific Approvals/ Authorisations, if any

(u) It is the Contractor's responsibility to ensure the compliances of Central/ State Pollution Control Boards,
Forest Dept. and other statutory compliances for vehicular movement by RTO of the State.
(v) The Contractor is expected to monitor and report probable expected time of arrival of vehicles at the
destination based on tracking of the vehicle movement and the Employer reserves the right to seek such
information from the Contractor on as and when required basis.
(w) The Transporter shall provide on-line GPS based live tracking facility for consignments to employer. The
Transporter shall monitor delivery performance against committed delivery time-lines for each shipment,
circulate a summary on daily basis for mapping against agreed TAT Vs Actual TAT Vs ETA along with
highlighting shipments wherein agreed TAT has been overshoot by actual TAT.
(x) The Contractor shall utilize digital solutions to make operations efficient & cost effective manner far
maximum possible, the Employer shall receive an auto generated email or SMS upon start/ completion of
each shipment/ delivery containing Invoice No., LR No., Driver’s Phone No., Customer’s Name &
Destination.
(y) No idling charges for whatsoever reasons shall be paid to the Contractor by the Employer.
(z) Lodging, boarding and conveyance of the Contractor’s workmen/ staff personnel shall be in the
Contractor's scope.
X (aa) The Contractor shall follow & implement the Employer’s policies & guidelines from regarding
safety, occupational health, environment & others.

X (bb) In case of accident of vehicles, the Contractor shall provide immediate transshipment of the
material through alternate replacement vehicles at their own cost. The Contractor shall take responsibility
of reporting accidents, loss and theft, damage of the cargo or any other similar incidents to the originating
point, destination point and the Employer immediately.
X (cc) The Contractor shall take due care to protect the material against rain, fire, damage, tempering
with standard packaging, theft, pilferage etc. and shall be responsible for damages/ shortages arising there
from and shall indemnify the Employer for such losses. The Contractor undertakes that the Employer shall
have the right and be entitled to deduct the amount of such losses or damages from the Bills/ Security
Deposit or any amount outstanding to the Contractor from the Employer. In case there is no outstanding
Bill/s, the Contractor shall pay the amount so demanded/ claimed by the Employer within Seven (07)
working days from the date of such claim/ demand.
X (dd) All the vehicles deployed by the Contractor for material movement shall be equipped with GPS
tracking system from a single service provider and the Contractor shall provide unhindered access to the
Employer for monitoring of the vehicles deployed under the Contract.
X (ee) The Contractor shall take comprehensive insurance policy to cover the vehicles, drivers,
cleaner's staff and third party as per the Motor Vehicles Act.
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X (ff) The Contractor shall ensure that all valid documents like registration of vehicles, permits,
insurance, fitness and PUC applicable as per the law of land must be available with the vehicles at all the
time.

12.0 Service Level Agreements (SLAs)

Special Operational Requirements and LD/ Penalty shall be applicable to the Contractor (for Railways & LDB
Customers), as detailed below:
X (a) The Contractor must possess all requisite documents at the time of verification & delivery at
consignee’s premises viz. Tax Invoice, LR Copy, Purchase Order (PO) Copy, Delivery Challan, Warranty/
Guarantee Certificates etc.

X (b) The vehicle shall be unloaded at destination on same day, if they report at Indian Railways
premises before 10 AM on weekdays & 07.00 AM on weekends (only Saturday) except holidays. In case, the
vehicles reports after the mentioned time slot, the same shall be unloaded on next working day.

X (c) Contractor is fully accountable for safe, secure handling & delivery of pallets/ goods including
third-party inspection holograms & seals pasted at Employer’s site on the pallets/ goods (subjected to be
verified by the consignee for acceptance of the goods), in case of any seal/ hologram damage, re-inspection
fee and all other direct financial implications shall be recovered from the Contractor.

X (d) For any wrong/ short/ damaged delivery to the Customers, by the Contractor or due to reasons
attributable to the Contractor, 20% (Twenty Percent only) of the base freight value shall be recovered from
the Contractor.

X (e) In case, the Contractor delivers consignment after specified transit time-lines/ delivery periods
and the Employer is penalized by the Customer on account of such delays, the complete LD/ Penalty shall
be recovered from the Contractor.

(f) Any delay in delivery to the Customers due to reasons attributable to the Contractor shall be penalized
as below: i. Delay by One Day - 10% of the base consignment freight shall be deducted
ii. Delay by Two Days - 20% of the base consignment freight shall be deducted
iii. Delay by more than Two Days - 30% of the base consignment freight shall be deducted
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(This is over & above LD/ Penalty charged by the Customers on account of any delays on delivery periods)
X (g) Any financial losses on account of wet damages in the Consignments, not settled by the insurer,
shall be recovered from the Contractor, until it’s a result of a force/ Un-controlled majeure, to be decided
by the Employer.

X (h) Any financial losses/ direct costs incurred by the Employer on account of breach of terms &
conditions set in the Contract shall be recovered the Contractor.

X (i) In case, any liability (of penal or statutory nature) is raised by any agency/ customer on the
Employer with respect to deficient performance of the Contractor or due to reasons attributable to the
Contractor, the same shall be recovered from the Contractor.

X (j) If the Contractor is found involved in any theft, tempering with NEIL’s standard packaging,
pilferage or malpractices, man-handling of material, mis-information/ false information, thereby resulting
in financial loss to the Employer, the Employer reserves the right to impose heavy penalty on the
Contractor, apart from recovery of the losses from the Contractor and other legal remedies as per the
Contract.

X (k) Any applicable deduction shall be recovered by the Employer from any amounts payable to the
Contractor.

X (l) The Employer reserves the right to allocate any appropriate/ desired share of business into
operation, to other business partners as & when required.

X (m) Any correspondence or minutes of meeting and/ or acceptance of delayed Works/ Services
shall not be construed as waiving of deduction.

13.0 Validity & Exit Clause:

X (a) This agreement will be valid from (one year). Upon completion of the contract validity period,
the agreement can be extended for further period with mutual consent and post the performance
evaluation of transporter; final decision will rest solely at the discretion of NEIL authorities.

X (b) Both the parties reserve the right to terminate the contract, without assigning any reason, by
giving a 90 days prior notice in writing to the other party in advance from the date of intended contract
termination date.

X (c) During the first 3 months of operations, in the event of non-performance of this agreement,
NEIL on its sole discretion can terminate the agreement with a shorter period of notice which will be
30 days in advance from the date of intended contract termination date. After termination under the
above clauses transporter shall return all the documents, financial records, reports, inventory,
packaging material and other items in possession of transporter upto the satisfaction of NEIL.

14.0 OTHERS:

1. To collect valid dispatch documents (Tax invoice, E-way bill etc) at the Loading Points, according to the
Laws, wherever applicable is the sole responsibility of the transporters.
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2. The transporter will ensure validity of E-way bill. Any liability/penalties on account of expired E-way bill
will be in account of transporter.

3. You will ensure tracking of all vehicle/material through GPRS system & provide status as per NEIL
requirement.

4. The NEIL shall have the right to enter into contract with as many Transporters as it needed and no way
bound to keep same Transporter as a sole transporter.
5. Similarly NEIL shall have the right to hire any other agency at any point of time depending on the need.

6. All disputes arising out of this contract are subject to the courts at Jaipur.

7. We are not bound to any terms & conditions normally printed on the consignment note by the
Transporter and which are contrary to the terms & conditions of this contract.

8. No extra charges except as specified in the Contract Agreement will be paid by NEI.

9. EMD/ Bank guarantee of Rs. 5.00 lacs (Rupees Five Lakh only) shall be paid to NEI which will remain with
NEI till the validity of contract as a security. No interest will be paid on security.

10. No party hereto shall be responsible or liable to the other in any manner for failure or delay in
performing its obligations under this Agreement, when such failure, or delay is directly or indirectly due to
an act of God, Governmental orders or restrictions, war, threat of war, war like conditions, hostilities,
sanctions, unforeseen blockade, detention, revolution, riot, etc., provided that upon cessation of such
events such a party shall thereupon promptly perform or complete the performance of its obligations
hereunder.

11. All notice which may or shall be given under this agreement shall be made by registered address or to
such address as are notified in writing by the parties hereto. If either party has changed its address, a
written notice thereof shall be given to the other party. All notices shall also be deemed to have been given
on the day when deposited in post.

12. This Agreement shall be governed and interpreted by the laws of India. In case that any dispute or
controversy arises out of or in relation to this Agreement between both parties shall be settled amicably
but, in case of failure, these disputes or controversies shall be finally settled in Jaipur by arbitration in
accordance with Arbitration and Conciliation Act, 1996 where the award shall be final binding upon the
parties hereto. The Courts at Jaipur shall have exclusive jurisdiction.

13. Amendments and Waivers: This Agreement may be amended and the observance of any term of this
Agreement may be waived (either generally or in a particular instance and either retrospectively or
prospectively), only with the written consent of the Parties. Any amendment or waiver effected in
accordance with this clause shall be binding upon the Parties and their respective successors and assigns.
Failure by either Party to enforce any term will not be deemed a waiver of future enforcement of that or
any other term.

14. Severability: If any provision of this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
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provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.

15. Relationship of Parties: This Agreement is intended solely as a services Agreement, and no partnership,
joint venture, employment, agency, franchise, or other form of Agreement or relationship is intended.
When employees of NEIL act under the terms of this Agreement, they shall be always deemed to be under
the supervision and responsibility of NEIL; and no person employed by NEIL and acting under the terms of
this Agreement shall be deemed to be acting as agent or employee of TRANSPORTER for any purpose
whatsoever.
16. No Third Party Beneficiaries: This Agreement is not intended to create any rights to any person or
entity who is not a party to this Agreement, and no such rights are created hereunder.

17. Entire Agreement: This Agreement constitutes the entire Agreement and understanding of the Parties
with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence,
Agreements, understandings duties or obligations between the parties with respect to the subject matter
hereof.

18. Further Documents: From and after the date of this Agreement upon the request of TRANSPORTER or
NEIL, the Parties shall execute and deliver such instruments, documents or other writings as may be
reasonably necessary or desirable to confirm and carry out and to effectuate fully the intent and purposes
of this Agreement.

19. No advertising: No advertising, publicity, release or similar public information concerning this
Agreement shall be published by TRANSPORTER without the prior consent of NEIL.

20. Counterparts: This Agreement may be executed in two or more counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this Agreement as on the date and place mentioned
herein below:
Place:
Date:
For National Engineering Industries For
By:________________________ By:________________________
Name:_____________________ Name: _____________________
Title:______________________ Title: _____________________

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