الفرم الصهر مع الجداول الكميات -مخرجات.docx

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1. ANNEXURES - 2

Annexure-1 Our Offer Reference no ASM/23-24/BCIPML/O1 dated 09.09.2024 along wit
Technical Specification

This Contract made and entered on, between, M/S BROTHERS COMPANY IRON & PLASTICS
MANUFACTURING LTD, YEMEN(the “Supplier” which term or expression shall unless excluded by or
repugnant tothe context or the meaning thereo!, be deemed to include its successors and permitted
_assgns) ofthe One Part

ano

ARMA ROLLING MILL PVTLTD,a company duly incorporated and existing under government (he
Purchaser”) which term or expression shall, unless excluded by or repugnant tothe context or the
meaning there, be deemed to include its successors and assigns of the Other Part

(Heceinafter the Supplier and the Purchaser shall be referred to asa “Party” individually and together as
Parties‘)

The Purchaser hs decide to purchase Design, Engineering, Supply, and Superson for
Erection and Commissioning for Angle Mil (18 x18 to 100 x 100) to be located at

Soir has agreed to sel Design, Engineering, Supply, Supervision for rection and Commissioning

on EC basis fr Angle Ml (18 x18 to 10 x 100) tobe located in accordance withthe terms and

NOW THEREFORE, in consderatin of hs Contract between the Parte as set forth herein the Partes asst forth

inthis Contract he following word and expressions shall have the meaning hereby she to them, ex

(3) “Commissioning” means completion of pre-enerzation ess on equipment tte and, energizaon on ad

(1 "Contract means this Contract between Purchaser and Supple including all documents) and Annexurels)
attached hereto and any amendments 3¢ may from time to time be made to this Contract between the Partes a
wing in secordance with Atle 240

2. (a) “Contract Price” means the price of Design, Engineering. an Supply of Pat. & Machinery, supervision for
‘erection & commissioning as set forth in Article 4.0 subject 1 any changes thereto agreed by and between the
Purchaser and Supplier in ti

e) “Week” means 07 calendar days as pr Georgian Calendar.
() "Day means calendar Day as per Georgian Calendar
(a) “Deliver” means the delvery of equipment on 08 Indian Pot (Incoterms 2010) Bais

(1) “Completion Schedule” means the schedule of performance and obligation to be met by Supplr in

() “Effective Date” means the date of his Contract coming int effect in accordance wit the provisions of

() “Equipment” means al tems as per accordance tothe Technical Speciation a per Amerure-, tbe old

Drawings & Documents means the technical documents, drawings, specifications, and related
documentation to be delivered by the Supper to the Purchaser as described in the Technical Speciation

"Mandy means effective eight working hours in Calendar Day

Ste” means new where the Projets to be located and installed.

o) “Supplies means dien o supp and/or al biais o be performed by the Suppker in accordance

(o) “Technical Specification” means the technical specification as per Annexure? and ts addenda/sanenure
and/or amendments thereto agreed upon in wring by the Parties, al of which hal be Incorporated into, and
Stall be binding san integral arto, the Contract

Warrant Perio” means he defect buy period or he operation of equipment supplied by the Super

(0) Words imparting the singular az include plural

3. 22. Design Engineering including basi engineering. manufacturing. inspection, Testing Painting. Packing a
‘spate of Angle Mil (28x 18 to 100x 100) Supervision or recon and Commissioning of plant and

22 The Supple depute experienced and sil technical supeisory staff to render technical adie f
rl of he Suppliers personnel tthe Purchase’ project st.

qugment Supervision of =
En ana emmananng 55750000

[roraL price sa muso | ETT

Uni ws break up shal be as per Annexure

42 The pices aleman fm during the completion schedule. In cae of delay in Completion

saute and agreed upon.

44 Man Days charges: Superson for Erection & Commissioning are nude in above contact pcs.

5.1 30% ofthe Contract Price as pr Artie 4.1.1 (1) shale paid an advance aginst submision of Advance

5.2 70% ofthe Contract price as pr Ace 4.1.1 (1) sal be pad against revocable C (Letter of Crest) at ste
(OR Trough SWIFT against copy of Disptch Documents

4. Beneficiary Bank

‘COMPANY NAME
BRANCH
ACCOUNT NUMBER
SWIFT cove

[ARMA ROLLING MILL PVT LTD
(CHOUDHARY MORE BRANCH.
Trrmssucas

EN

5. 1 Supper shale Habe of payment ofa taxes and duties in nda andthe Purchaser hal not be responsible

182 The Equipment shallbe du packed as per the manufacturer's standard lor log stance Multimodal

18.3 The Supple shal take suitable precautions and measures to protect the Equipment against dampness

[M/S BROTHERS COMPANY IRON & PLASTIC MANUFACTURING LTD (CONSIGNEE)
Net Weight, Gross Weight and Measurement
Shipper's Mad

85 The equipment shal be packed adequately for ocean shipment a we! for inland transportation iting and

at) ste fly covering such overseas shipment hares, rough handing and posi corrosion due o salt
atmosphere, sat spray or open storage fora & month period

6. same contract rare shipped onthe same Vesel/ Fight.

87 Heavy Machinery Heavy machinery shal be mounted ad bolted to sid of auffiient strength to support

88 standard Accessories: Standard accessories sal be package in a separate package fxm the machinery for
which the standard aeessones is intended. Each part shall be tagged with complete ful information such 35

89 Two copies ofthe packing is sal be added to each package on n a waterproof bag one outside and one

18.10 The Supplies will mark he equipment according tothe flowing storage cassation.

las A: Open storage (Outdoo

identification during shipment / delivery and erection and the Ike. Such Marking shall be reed bythe

7. (lean Bil of Landing: 1 Copy
Certificate of Origin: 2 Copy
Supplier's Vendor Inspection Clearance Certate dy signed and stamped y the Spples/Vendor

General Confirmation certificate sued by the Supplier tat the goods supped ae exactas per the techn

Afouimonth ona per INCOTERMS 2010,

1012 Erection nd Commissioning shale within 3 month after ast patch subject to timely execution ofc

ists, containing the folowing information which shal be approved by the Purchaser.

Package dimensions (Length x With x Height)

Emisaged shipping date.

Item numberof delivered machin according scope supply

Single price ofeach detvered machine

metal cleaned and confirm tothe SA 25 Standard degree of leanlinss. The protection given shal be good

8. Spare artists

Waring part lists

Inspection standards

All documents tobe submited by the Supplier tothe Purchaser shallbe made out in Engich Language.

‘and DIN standar

arrange Boarding, Lodging, Local conveyance and medal insurance fr personnel deputed a ste
Engagement of Contractor fo Ci works

Both the paris agree to execute the contract a per mutually aged technical specication

10. 171 The Supple sha perform the inspection and quality assurance as per the Quality Assurance lan (QAP) of
‘the Supplier. The Purchaser shal have the right to inspect the Equipment tought authored Inspector / Third

Inspection Team shall actly the Supplier of such detect and/or deficiencies andthe Supe sha rectly and/or
remove and replace the detective tems as ety a possible, wou any extra cost to the Purchaser. Immediately
on completion of rectiicaton/replacement ofthe detective part/tem, the Supplier sal give tothe Purchase a

172 ter successful inspection, the Inspection Team hal sign and stamp the Inspection Cearanc Certificate

173 Al costs and charges ofthe Inspection Team sal be borne and pai bythe Purchaser The Supplier sa
actes for smooth functioning o standar inspection and test

remedy such detects and/or defences, at Ste ont own expenses on shortest possible me. The Inspection
Team nthe Inspection Clearance Certificate sha mention such minor defects and/or defences, which are to

175 Any inspection by the Purchase or the Inspection Team does nt elev the Supplier fom hs greed
obligations towards performance, quality requirements, guarantee ec. as per ths Contact.

ase the Supple by fax remain de time in this ase the Super sha carr Ou the inspection and tests by

inspections and test of parts, materials and complete equipment inthe Suppl’ shops and rooms. pars or
possible inspections als in those manufacturing shops. The Supplier sha provide the Purchase Inspector, ree
of charge, with al tools, measuring instruments, personnel, hosting gear document, and other faces

he Supper undertakes to inform the Purchaser, wo wees prior tothe inspection, about the kind of equipment
to beinspecte as wells the inspection: time schedule and locations eviaged

any special tests required that has o be agreed explety with he Suppler the same sha be mentioned as à
considered 35 extra and pric shall be mutual discussed and agreed upon.

11. From Suppliers loading a FOB in India (SO%charges towards FOB in India wi be Borne By ARMA (Supplier &

203 M during the aforesaid Warranty period, any Equipment fais to meet the warranty as provided forn
Supper shal subject ois inspections repair, make god, replace or modify the Equipment o par thereof with

205 The Supple shall warrant thatthe equipment delivery him re from any defects and was made ina
professional manner. (Damage from unloading. spin. storage I ot included)

12. any, hereunder doesnot nfinge any patent and/or intelectual propery rights exiting so the dat of
Delvery ofthe Equipment. The Supple agres to defend atts cost any suitor proceeding brought aginst the
property. The Purchaser, wo is the ultimate actual user shal promptly not the Supplier in wring and eve
authority, information and assistance necessary or appropiate for the defence of lim, su or proceeding

212 The Purchaser acknowledge thatthe specication, documents, data, manuals te. supe bythe Super
nes requires by any Court of Law, or which was already part o publ domain orn Knowledge of any third
party. Purchaser shal have simular secrecy clause with its sub suppliers. The Purchase shall ao ig Non

213 The Supplier acknowedge that the specication, documents, data, or any information et. provided by the
Purchaserto tn Suppl in execution of th Contract and are for ole use ofthe Super in execution of his

developed by the Supper in execution of ths Contrat sal remain vested nte Supple. Te Super agree to

Specied inthe Contact and the technical Speciation or Restrcted to repair and maintenance onthe

215 This Article shal survive for a period of Two (2) Years after he completion of Execution of hs Contract.

Rot, commotion, oder, ske, or lckout by persons other than Suppl personne

‘Governmental acs or action

13. 222 If ether Party is prevented trom performing any ofits cbigaion under this Contract by such cases of
Force Majeure, it shal pve writen noice tothe other Party within furten (14) days of such occurence,

having even notice, be wholly or partly excused performance of such oblgaio for o long a such Force
Majeure condtion prev. No party shal have any eaim/compensaton fr the ost incurre du tothe Farce
Majeure Force Majeur on Suppliers sub-supplier shall be ested as Force Meur onthe Suppliers

223 The tected Party shall use all easonable efor to minimise any delay in ts performance ofthe Contract
224 The Party unable o perform tis Contract due t the efecto Force Majeure occurence may, after
cure,
225 Incaseofan extension up to Ninety (0) days in tre performance of thi Contract due to the eect ofthe
3) Partesshal extend the Contract on a reasonably agreed period on he same terms and conditions. Such
perio shal nt exceed Sx (6) months from the expiry o 90 (Ninety days period under Force Majeure.

Parties shall extend the Contract on mutually agreed revised Contrat value and other Terms and

from the expiy of the SO (Ninety) day of Force Majeure conditions.

23: Alldsputes arising rom the execution of the Contract shal De settled through fend consuitation
0 arbitration. Te arbitration hal be conducted in accordance withthe International Court of Aritration (CA)

223 Tnelanguageto be used inthe arbitra proceedings sal be English language.
234 The aritration award sal be nal and binding on both the Pares who shallabide the same

225 Performance under the Contact shall be continued during the arbitration proceedings unless oterw
‘agreed between the Parts or unes the materi such tha the performance cannot be poss continued uni

14. The Suppiers extension beyond ninety (90 days in the performance ofthis Contract due tothe
{trey days from the date of expiry of 90 (Ninety) day

general assignment forthe benefit of creditors or executing 3 trust mortgage, of appointing a rece, oF
‘Supper fing generally pay its debts as they become di, would permita petition to be fled by or against
Supper, or Supple refusing, except in cases fr extension of time i provide, to supply enough propery lea
isreasonable judgment, tat Supple wil be unable to complete the projector Supple fling to make prompt
payment or reasonably vad dims by subcontracts o for material r labour, or Supper ating laws,

be mutually and agrees. Such agreed due payment sal be released to the Supper within 1 (tee) days rom

25: The Contract shall be constrcte, governed and enforced in accordance with Laws of in,

Purchaser shal pert the Suppker to make photo videos ofthe equipment manufactured unde this Contract

15. ‘Standards

The Equipment supplied under ths Contrat hal cofim tothe authortatwe standard as mentioned in

Al notice including daly communication t be given to either Party shal be given tthe following

acéreses by e-mal/relstered mi, Important notices in wich right and/or obligations of eter Party are

‘Mis Brothers Company ron & Plastic Manufacturing Lid
M/S ARMA ROLUNG ML

Parties hereto relating o the subject mater hero! and supersedes a former understandings, propa

‘the Annenues enclosed otis contact and forming an integral part ofthis Contract ae to be taken as
‘mutuay explanatory to ne another. However, incas of confit/cotradition between the Annexure and

compensation shal be mutually discussed and agreed to as per the provision ofthe Contract.

16. Signed or and/on behalf of
/ Brothers Compeay von
& Plastic Manutaclucng Lia

igrtons under tis Agreement

Signed for and/on behalf. M/S
ELITE SEKILLENDIRME
IL TIE, ELITE SEKILLENDIRE
IMAK.IMALAT FTH. In.
Aron | SAN.ve TIC.LTD.ST
Sanayi Mh.60367 Cad. Blo Spec,
sehithamll/ GAZIANTER-ACSic. Nove
Sehitkamit VD. (662 1,5%