IFFCO SADAN C-1 District Centre, Saket Place, NEW DELHI- 110017

Phone: 26510001, 42592626 Fax: 42592650

Email: helpdesk_ho@iffco.in 

GENERAL TERMS & CONDITIONS OF e-PROCUREMENT

1. IFFCO WELCOMES ALL VENDORS TO ITS e-PROCUREMENT MODULE:-

This unique method of e-Procurement on the website is offered to all the Registered Vendors (hereinafter the “Service”), subject to the following General Terms & Conditions of Service ("GTC"), which may be updated by IFFCO from time to time without notice to Vendors. The Vendor can review the latest version of the GTC at any time at: https://www.iffcoindia.com. In addition, when using particular IFFCO services, Vendor and IFFCO shall be subject to any posted Guidelines or Rules applicable to such services which may be posted from time to time on website. All such Guidelines or Rules are hereby incorporated by reference into the GTC.

Note:

Vendor  means  each   person  or company  or  firm or party  who has been registered  with IFFCO  as a Vendor, to whom  an ID and password was allotted by IFFCO and establishes   or accesses  a connection for  access   to  and use the  e-procurement module  on IFFCO’s website.

2. DESCRIPTION OF SERVICE

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the GTC.

Vendor is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Vendor is responsible for those fees. In addition, Vendor must provide and is responsible for all equipment necessary to access the Service and all charges related thereto.

Individual Vendors/proprietors (other than companies/firms etc.) must be at least 18 years of age to access and view. 

3. IFFCO PRIVACY POLICY

IFFCO may collect any personal information from Vendors using this site. This information is used only for product or service related enquiries and to monitor site usage.

Where personal data is collected such data is only used for the purpose stated and will not be given or sold to any third parties.

 

4. AMENDMENTS TO THIS PRIVACY POLICY

If there are any amendments to this Privacy Policy, this page will be replaced with an updated version. It is therefore necessary for the Vendor to check the Privacy Policy page at the time of access to IFFCO's site and the Vendor shall be deemed to be aware of all such amendments.

 

5. PERSONAL INFORMATION

All Vendors who are registered with IFFCO and who have been provided user code and password are expected to update information related to them and to certify that they will provide accurate and  updated information (such as real names, postal address, valid e-mail addresses and mobile nos.). All consequences legal or otherwise for providing inaccurate information will have to be solely borne by the Vendor.

 

6. COPYRIGHT

All rights in the design, text, graphics and other material on the IFFCO site and the selection or arrangement thereof is the copyright of IFFCO or other third parties who has provided the above contents. Permission is granted to electronically copy and print, in hard copy, portions of the IFFCO site solely for private or educational use, provided that no changes are made to the material and that IFFCO is acknowledged as the owner.

Any other use of the material on the IFFCO site (including reproduction for purposes other than noted above and alteration, modification, distribution or republication) without prior written permission of IFFCO is strictly prohibited.

Vendor agrees not to access the Service by any means other than through the interface that is provided by IFFCO for use in accessing the Service.

7. LINKS TO OTHER SITES

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.  IFFCO has no control over such sites and resources and the Vendor acknowledges and agrees that IFFCO is not responsible for the availability of such external sites or resources. IFFCO does not endorse and is not responsible or liable for any Content as defined in clause 11 of the GTC, advertising, products, or other materials on or available from such sites or resources. Vendor further acknowledges and agrees that IFFCO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

8. APPLICABLE LAW

This site is created and controlled by IFFCO, from its office at Delhi. As such, the laws of India will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. IFFCO reserves the right to make changes to their site and these disclaimers, terms and conditions, at any time. If any provision in this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect.

9. ACCEPTANCE OF THE PRIVACY POLICY

By accessing and using the IFFCO site, services and participation in e-procurement process, the users/bidders signify their acceptance of this Privacy Policy. If the Vendor is not in agreement or not comfortable with any terms and conditions of the Privacy Policy, it is advised to discontinue the use of the IFFCO site. IFFCO reserves the right to modify this Privacy Policy at any time. If any portion of the IFFCO site is still being used following notification or posting of such changes, it would amount to acceptance of those changes by the Vendor. All queries on the subject may be addressed to amitabh@iffco.in.

10. VENDOR ACCOUNT, PASSWORD AND SECURITY

Vendor is responsible for maintaining the confidentiality of its password and account, and are fully responsible for all activities that occur under its password or account. Vendor agrees to (a) immediately notify IFFCO of any unauthorized use of its password or account or any other breach of security, and (b) ensure that it  exits (logout)  from its account at the end of each session. IFFCO cannot and will not be liable for any loss or damage arising from its failure to comply with this Clause. Vendor will insure the sanctity of digital certificate to be duly preserved as per rule of law.

11. VENDOR CONDUCT

Vendor understands that the authenticity and veracity of all information including data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the Vendor.

Vendor agrees to not use the Service to:

a.	upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.	harm minors in any way;
c.	impersonate any person or entity, including, but not limited to, a IFFCO official, forum leader, guide or host, or falsely state or otherwise misrepresent the  affiliation with a person or entity;
d.	forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e.	upload, post, email, transmit or otherwise make available any Content that  does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.	upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g.	upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in auction related areas that are designated for such purpose;
h.	upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i.	disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j.	interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k.	intentionally or unintentionally violate any applicable local, state, national or international law,
l.	"stalk" or otherwise harass another; or
m.	collect or store personal data about other users.

Vendor acknowledges that IFFCO does not pre-screen Content, but that IFFCO and its designees shall have the right (but not the obligation) at their sole discretion to refuse or to move any Content that is available via the Service. Without limiting the foregoing, IFFCO and its designees shall have the right to remove any Content that violates the GTC or is otherwise objectionable. Vendor agrees to evaluate, and bear all risks associated with the use of any Content and in all other parts of the Service.

Vendor acknowledges and agrees that IFFCO may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the GTC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of IFFCO, its users and the public.

Vendor understands that the technical processing and transmission of the Service, including its Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

12. INDEMNITY

Vendor agrees to indemnify and hold IFFCO, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand made by any third party due to or arising out of Content it submits, post, transmits or make available through the Service, use of the Service by the Vendor, Vendor’s connection to the Service, violation of the GTC by the Vendor or violation of any rights of another by the Vendor.

Vendor   expressly agrees that use of e-procurement module of IFFCO’s website is at Vendor’s sole risk.  Vendor’s specifically acknowledges IFFCO is not liable  for any  defamatory,  offensive   or illegal conduct  of other Vendor’s  or  third parties  in cases  including  but not limited to  any interactive  communication on or  through the site  and the risk  of injury  from  any of the foregoing   rests  entirely with  Vendor (s).

13. NO RESALE OF SERVICE

Vendor agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

14. GENERAL PRACTICES REGARDING USE AND STORAGE

Vendor acknowledges that IFFCO may establish general practices and limits concerning use of the Service. Vendor further acknowledges that IFFCO reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15. DISCLAIMER

IFFCO has made every reasonable effort to ensure that the information on this website is kept accurate and up-to-date. However, this site is provided by IFFCO on an “as is where is” basis. IFFCO makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on this site.

IFFCO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. IFFCO will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, even if IFFCO or an authorized representative has been advised of the possibility of such damages.

IFFCO also disclaims  any damages  or injury  caused by any failure  of performance,  error, omissions,  interruption, deletion, defect , delay in operation or  transmission,  computer virus, communication linefailure, theft,  destruction or  unauthorized access to,  alteration of  or use of  record  whether for breach of contract,  tortuous  behaviour, negligence or  under any  other cause of action.

16. TERMINATION

Vendor agrees that IFFCO, at its sole discretion, may terminate Vendor’s  password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if IFFCO believes that Vendor has  violated or acted inconsistently with the letter or spirit of the GTC. Vendor agrees that any termination of Vendor’s access to the Service under any provision of this GTC may be effected without prior notice, and acknowledges and agrees that IFFCO may immediately deactivate or delete its account and all related information and files in its account and/or bar any further access to such files or the Service. Further, Vendor agrees that IFFCO shall not be liable to either to it or any third-party for any termination of its access to the Service.

Instructions to Bidders

Please ensure that Bids are submitted well within the due date & time. In case EMD is applicable it should be submitted online, preferably. All correspondences must always refer to the concerned RFQ No. & Date. Please read the following instructions carefully before submitting the bid: 

1. In case of single stage RFQ without EMD, the bid should be submitted containing Base Price Bid as per terms & condition of RFQ and alternate price bid, if any. 

In case of single stage RFQ with EMD, the bid should be submitted containing Base Price Bid as per terms & conditions of RFQ and alternate price bid, if any alongwith Scanned copy of EMD. The original EMD shall be dispatched by courier in sealed envelope which should reach at our site before due date of RFQ.

2. In case of two stage RFQ without EMD, the techno commercial unpriced bids and priced bids containing Base Price Bid as per terms & condition of RFQ and alternate bid, if any to be filled before due date. 

In case of two stage RFQ with EMD, the techno commercial unpriced bids and priced bids containing Base Price Bid as per terms & condition of RFQ and alternate bid, if any to be filled before due date alongwith Scanned copy of EMD. The original EMD shall be dispatched by courier in sealed envelope which should reach at our site before due date of RFQ.

3. Alternate Bids shall be based on alternate designs, materials, completion schedule, payment & other terms & conditions. Alternate bid shall not be considered if not accompanied with base price bid. 

The envelope containing EMD should be super-scribed as “EMD against RFQ No. ___ and due date of RFQ.” Offer submitted through fax/e-mail will not be acceptable.

Original DD / Bank Guarantee / Indemnity Bond (in case of Government Department, Public Sector, Small Scale Industries) in the Prescribed Format provided herein against EMD (if specified in the RFQ) shall be in favour of “IFFCO Limited payable at respective IFFCO site” and sent through Courier / Registered Post so as to reach before last date of submission of bid. The amount of EMD shall be as stipulated in the face of the RFQ document. The Price Bid shall be considered on receipt of original Demand Draft / Bank Guarantee / Indemnity Bond towards EMD (If applicable & specified in the RFQ).

The EMD in the sealed envelope super scribed with RFQ No. and due date should be sent to Head of Materials/Commercial/Purchase Deptt. of respective IFFCO Unit/ Office.

4. EMD shall be released to unsuccessful bidders once the order to successful Bidder has been released. EMD of successful Bidder will be returned on receipt of Performance Guarantee. However, in cases where Performance Guarantee is not applicable the EMD will be returned (i) on acceptance of order in case of supply, and (ii) on mobilization at site in case of services and works.

5. Price quoted must be valid for 45 days from the date of opening of price bid in case of single stage bidding and 75 days from the date of opening of un-priced bid in case of two stage bidding. No revision in the quoted prices will be allowed after opening of bid, within the validity period. 

6. Outstation tenderers must quote for Goods delivered on F.O.R IFFCO site. In case price basis is not specified, the price will be considered on F.O.R. IFFCO site basis.

7. Bids shall be opened in seriatim and if conditions of the preceding EMD are not satisfied then the succeeding Price Bid in case of single stage RFQ and Technical & Price Bids in case of two stage RFQ shall not be opened. Offer without EMD (if specified in the RFQ) will be considered invalid and shall be rejected out-rightly.

8. Bids should be complete in respect of technical specifications and commercial terms & conditions such as percentage of GST, freight, packing & forwarding charges etc. 

9. P & F / Freight / Testing / Third Party Inspection charges, If exclusive, should be specified (in amount or in %), failing which it will be considered as inclusive even if the price is ‘ex-works / ex- shop’.

10. Any deviation to our specifications must be indicated specially in Item Specification (Supplier), Offer without deviations shall be considered to be exactly as per our RFQ and any cost implication for change after placement of Order shall be borne by the bidder. Printed conditions of sales if attached with Bid shall not be acceptable.

11. The price quoted must be firm and in case the price is revised / altered after bid opening, the Bid shall be rejected summarily and the supplier may be put on holiday for six months and the EMD, if applicable, be forfeited.

12. Part supply against Purchase Order shall not be accepted without prior approval. In case of part supply without prior approval, the payment shall be made only after supply of all items.

13. In case the RFQ is to be diverted to a Dealer / Associate Company by Principal for submitting the bid on their behalf, the responsibility for execution of Order as per terms shall be with the Principal. In the event of any failure on the part of Dealer / Associate Co., the claim for damages as per IFFCO’s standard terms plus any other loss if any, shall be lodged against the principal on whom the RFQ has been issued originally.

14. Manufacturers name / Brand name of Material offered must be clearly mentioned. Necessary literatures / technical data sheet in respect of material offered should invariably be submitted along with bid document. Supplier has to confirm that chemical contained in the item under procurement is not a CFC Chemical and it is environment friendly chemical. Supplier has to furnish MSDS sheet of such chemical at the time of supply.

15. Earliest possible delivery / completion period from the date of receipt of order must be clearly indicated. Delivery period mentioned in offer shall be final. No extension shall be granted. Therefore, kindly indicate reasonable delivery period.

16. IFFCO reserves the rights to accept or reject the Bid wholly or partly without assigning any reason thereof. IFFCO also reserves the right to adjust the tendered quantity according to its actual requirement at the time of placement of Order. IFFCO shall also have the right to place the order / award the work to one or more suppliers.

17. Prices shall be exclusive of GST which shall be payable extra as per applicable rates. However, Tenderer shall quote Item wise HSN/SAC Code and present applicable rate of GST.

18. Offer should be preferably on F.O.R IFFCO site. In case of Ex-works offer, for items of Full Truck Loads or ODCs, maximum freight payable should be indicated in the offer and IFFCO’s liability towards freight shall be limited to either actual freight incurred against documentary proof or freight mentioned in the Bid whichever is lower.

19. EVALUATION AND COMPARISON OF BIDS: The evaluation of a Bid shall be done on the basis of “Cost as completed at Site” and take into account the following: 

19.1 Base price of equipment / materials and or services.

19.2 Packaging & forwarding charges, applicable taxes & duties quoted by the bidder as exclusive.

19.3 The cost of transportation up to each unit along with other expenditures incidental to the transportation (a loading @ 1% for supply within State, @ 2% for supply from adjoining State and @ 3% for supply from other State may be done, if estimated transportation cost could not be ascertained).

19.4 loading @ 10% per annum to be done in case Supplier has not agreed to our payment term, e.g. in case as against our proposed payment term ‘payment within 30 days of receipt and acceptance of material at our site’, any Supplier has asked for 100% payment in advance against BG, their Bid will be loaded @ 10% per annum of the quoted value for delivery period plus 30 days.

19.5 In case any Supplier does not accept our proposed delivery period / completion period, their Bid will be loaded @ 2% of the quoted value for delay by each month or part thereof. 

19.6 In cases, where various Items are covered under single RFQ and some party do not quote for some of the items, their prices will be loaded by the highest price quoted by other parties for same Item, for evaluation purpose.

19.7 In case any Bidder does not accept the Price Reduction Clause, their prices may be loaded by 5% towards the same for evaluation purpose.

20. IFFCO reserves the right to accept or reject any / all bids without assigning any reason.

21. IFFCO shall have the right to place the Order / Award the Work to one or more Supplier / Contractor.

22. The Contractor registered under the Employees Provident Fund (EPF) and (Misc. Provisions) Act, 1952 and having his own/associate’s EPF & Employees Pension Scheme (EPS) code number shall be preferred.

23. At the time of submission of bid, the Bidders shall be requested to furnish a self-declaration that they have not been banned or delisted by any Govt. Department / Financial Institution / Court / any other Fertiliser Manufacturer / any other organisation.

24. Firm which have been hired to provide consulting services for preparation or implementation of a project will be disqualified from subsequently providing goods or works or services related to the assignment of the same project. Conversely, a firm engaged to provide goods or works will be disqualified from providing consulting services for that Unit / Office.
 

GENERAL TERMS AND CONDITIONS

 

1.0 DEFINITIONS

‘PURCHASER’ shall mean Indian Farmers Cooperative Limited. ‘SELLER’ shall mean the person, firm or corporation to whom this Purchase Order is issued. ‘ORDER’ shall mean this Order and all its Attachments and Exhibits. ‘GOODS’ and/or ‘MATERIALS’ shall mean the Articles, Materials, Machinery, Equipment, Supplies, Drawings, Data and other Property and all Services including Design, Delivery, Installation, Inspection, Testing and Commissioning specified or required to complete the order.

 

2.0 ACCEPTANCE OF ORDER

This Order is expressly conditioned on Seller’s acceptance of all the Terms and Conditions hereof. The Seller shall sign and return two acceptance copies of the order within 10 days of receipt of Order by him.

 

3.0 DEVIATIONS

This Order shall be subject to these General Terms and Conditions and any additional / specific conditions referred to in the Order, and no deviation shall be made from the requirements of the Order or from the General Terms and Conditions unless such deviations be approved in writing by the Purchaser.

 

4.0 ASSIGNMENT AND SUBLETTING

Except with the prior permission of the Purchaser, the Seller shall not assign this Order or any part thereof or any money due hereunder to any other Manufacturer / Supplier. Such permission if granted by the Purchaser will not, however, in any way relieve the contractual obligations of the Seller on whom the Order has been placed.

 

5.0 PRICE REDUCTION CLAUSE

5.1 If for reasons not attributable to the Owner or due to conditions constituting Force Majeure, the supply of Equipment and/or Materials / Service is not completed in accordance with the provisions hereof, within and in accordance with the Delivery / Completion period as indicated in the Terms and Conditions of the Order, it is agreed that the Owner shall be entitled to recover and/or the Supplier shall pay to the Owner, without prejudice to any other right are remedy available to the Owner, the following amount as mutually agreed compensation;

5.1.1 A sum equivalent to 0.5% of the Order price for every complete week or part thereof, for delay in delivery, completion and handing over the Plant / Equipment to the Owner by the Supplier, subject to a maximum 5% of total Order price inclusive of escalation and contingencies, if any;

Notwithstanding anything contained above in sub-clause-5.1.1, in the event of delay beyond 10 weeks in delivery / completion, the Owner reserves the right to either.

i) Cancel the Order wholly or partly and / or make alternative arrangements at the risk and cost of Supplier with a notice of 30 days to the Supplier.

ii) Return the Equipment delivered after expiry of the stipulated delivery period or extension thereof or 30 days notice period.

5.1.2 A sum equivalent to 0.1% of the Order price for every complete week are part thereof, for delay in supply of Technical documents and Drawings, subject to a maximum of 0.5% of total Order Price inclusive of escalation and contingencies, if any.

5.1.3 The obligation of supplier under sub-clause 5.1.1 and 5.1.2 are independent of each other and accordingly the maximum limit of price reduction set out under each of sub-clause 5.1.1 and 5.1.2 are separately provided.

5.2 In the event that the consumption figures exceed the figures guaranteed by the Supplier, it is agreed that the Owner shall be entitled to recover and / or the Supplier shall pay to the Owner, without prejudice to any other right or remedy available to the owner, the following amount as mutually agreed compensation.

5.2.1 A sum equivalent to 0.5% of the Order price for over consumption of utility for every 1% or part thereof subject to a maximum of 2.5% of the Order price inclusive of escalation and contingency, if any.

5.2.2 A sum equivalent to 0.5% of the price for reduction in output for every 1% and part thereof subject to a maximum of 2.5% of Order Price inclusive of escalation and contingency, if any.

5.2.3 The obligation of the Supplier under the above sub–clauses 5.2.1 and 5.2.2 are independent of each other and accordingly the maximum limit of price reduction set out under each of the said sub clauses 5.2.1 and 5.2.2 are separately provided. Provided, however, that the aggregate liability of the Supplier pursuant to sub-clauses 5.2.1 and 5.2.2 shall be limited to 5% (five percent) of the total of the Order price inclusive of all contingencies and escalation payable, if any, payable by Owner to the Supplier / Contractor hereunder.

5.3 The amounts, as set in clauses 5.1 and 5.2 are agreed upon and fixed by the parties due to difficulties in ascertaining, on the date hereof, the exact amount that will be actually incurred by the Owner in such event, and parties hereby agreed that amount specified herein are a genuine pre-estimate made by the parties of the loss and damage which the Owner would have suffered and as by way of mutually determined reasonable compensation payable to the Owner and without the Owner the required to established and prove the actual loss/ damage suffered by the Owner, not in the nature of penalty and shall be applicable regardless of the amount of such deduction in value actually sustained by the Owner.

5.4 The parties agree and acknowledge that the amount set of in clauses 5.1 and 5.2 above may be recovered by the Owner to be paid to the supplier and the Order Price shall stand reduced by such amount.

5.5 If the consumption of utilities is more than 105% of the guarantee figure or the output is less than 95% of the guaranteed figure, the supplies would stand rejected and Owner will be free to obtain replacement at the risk and cost of Supplier/Contractor.

5.6 However, in case of procurement if Bulk Items such as Pipes, Fittings, Valves, Cables, Fixture, etc., the price reduction clause shall be applicable for undelivered part only with the approval of Unit Head / Director on case to case basis considering the reputation & past performance of the party and quantum of loss, if any, to the Society.

5.7 In case of failure on the part of Supplier/Contractor, GST compliance on deduction/recovery made by IFFCO will be done as given below:

Deduction/ Recoveries for Quality Issues: 

5.7.1 The Supplier will issue GST Credit Note for deduction in the nature of price reduction intended to compensate for any deviation from the agreed quality of Goods. 

For the removal of doubts, it is clarified that this deduction from Contracted Price is in the nature of variation in Contracted Price on account of deficiency in quality of goods as envisaged in Section 34 of the GST Act(s) and is not intended to be a separate supply of any Service of “tolerating any act” by IFFCO to the Suppliers. The Contracting Parties agree that intention of the Parties is for the performance of the Contract and not to tolerate any breach or for IFFCO to supply any Service of tolerating an act to the Supplier. 

Other Deduction/ Recoveries except 5.7.1 

5.7.1A    In case the Supplier delays the execution of supply beyond the contract period or breaches any other terms of contract due to reasonable cause, the supplier must inform IFFCO with justification within 30 days from the date of supplier’s invoice or date of completion of supply whichever is earlier. In case no such request is received by IFFCO within permissible time limit, the price reduction clause shall be applicable and no further request shall be entertained.  

In case of valid justification by Supplier duly approved by IFFCO’s Competent Authority, the balance payment shall be released to the supplier. For the supplies, where supplier’s justification is not tenable, all the Recovery / Deductions (other than deduction made for Quality Issue) mentioned in this contract would attract GST at the extant rate (currently 18%) which shall be charged by IFFCO and to be on account of the Supplier.

Work Order:  Similarly, in case of Work order (i.e. Service Contract), following clause shall be applicable - 

In case the Supplier/Contractor delay the execution of work beyond the contract period or breach any other terms of contract due to reasonable cause, the suppliers must inform IFFCO with justification within 30 days from the date of Supplier/Contractor’s invoice or date of completion of work whichever is earlier. In case no such request is received by IFFCO within the permissible time limit, the price reduction clause shall be applicable and no further request shall be entertained.  

In case of valid justification by Supplier/Contractor and the same is accepted by IFFCO’s Competent Authority, the balance payment shall be released to the Supplier/Contractor. For the supplies/works, where Supplier/Contractor’s justification is not tenable, all the Recovery / Deductions mentioned in this contract would attract GST at the extant rate (currently 18%) which shall be charged by IFFCO and to be on account of the Supplier/Contractor.

 

6.0 FORCE MAJEURE

If the execution of the subject order is delayed or impeded by circumstances of force majeure as herein defined, the Seller shall immediately but not later than 48 hours give notice in writing to Purchaser of the existence of such circumstance(s) of Force Majeure together with the evidence relied upon and Purchaser shall grant to Seller, such postponement of the date of completion as may in all the circumstances, be considered reasonable.

The terms and conditions mentioned herein below shall be subject to the Force Majeure which shall mean and be limited to the following:

a) any war or hostilities;

b) any riot or civil commotion;

c) any earthquake, flood, tempest, lightning or other natural physical disaster, impossibility of the use of any Railway, Port, Airport, Shipping services or other means of transport;

d) any strike or lock-out (only those exceeding 10 continuous days in duration) affecting the performance of the Seller’s/Purchaser’s obligations.

 

7.0 TERMS OF PAYMENT

Unless otherwise specified in the Order, the terms of payment will be within 30 days of the receipt and acceptance of the material at site.

 

8.0 MODE OF DESPATCH

Unless otherwise specified in the Order, the material shall be despatched by rail/road and the despatch documents along with a copy of the invoice will be mailed directly to the Purchaser for the attention of the Incharge / Head of Materials / Purchase Department.

 

9.0 INSPECTION

If the Order specifically requires Purchaser’s inspection, the supplier shall advise the Purchaser in writing at least 15 days in advance of the date when the materials will be ready for inspection. The inspection by the Purchaser will, however, not absolve the Seller of his responsibility of quality and workmanship of the materials covered under the order.

 

10.0 PATENT RIGHTS

The Seller shall fully indemnify the Purchaser, its customers and users, against any action, claim or demand, costs of expenses, arising from or incurring by reason of any infringement or alleged infringement of letters, patent, trade mark or name, copyright or other protected rights in respect of any materials supplied. All royalties and the like payment shall be paid directly by the seller.

 

11.0 SPECIFICATIONS

All materials or equipments shall be supplied strictly in accordance with the specifications, drawings, data sheets, other attachments and conditions stated in the Order. No deviations from such specifications or alterations of these conditions shall be made without the Purchaser’s agreement in writing which must be obtained before material is placed on manufacture or any work commenced.

 

12.0 TAXES, DUTIES ETC.

Unless otherwise specified in the Order, all taxes, duties and octroi will be borne by the Seller.

 

13.0 TRANSIT RISK INSURANCE

The transit risk insurance from the Seller’s Workshop or place upto the time of delivery to the Purchaser’s site of office shall be covered by the Seller unless otherwise specified in the Order.

 

14.0 GOVERNING LAW AND JURISDICTION

All actions at law or suits out of, or in connection with this order or the subject matter thereof and whether as to construction or otherwise shall be instituted in a court of competent jurisdiction in which concerned plant/ office of IFFCO exists.

 

15.0 RESOLUTION OF DISPUTES/ ARBITRATION

The OWNER/PURCHASER and the SELLER shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the order.

i) If after thirty (30) days from the commencement of such informal negotiations, the OWNER / PURCHASER and the SELLEER have been unable to resolve amicably a purchase order dispute, either party may require that the dispute be referred for resolution to the formal mechanisms as specified hereunder.

 

15.1 LEGAL CONSTRUCTION

Subject to provisions of Article 15.2, the Order shall be, in all respects, construed and operated as an Indian Contract and in accordance with Indian Laws in force for the time being and is subject to the jurisdiction of Delhi Courts.

 

15.2 ARBITRATION

a) Any dispute or differences whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and the award made in pursuance thereof shall be binding on the parties.

b) The performance under this contract shall not stop for any reason whatsoever during the said dispute / proceedings, unless the contractor/ supplier is specifically directed by owner/buyer to desist from working in this behalf.

c) The venue of arbitration shall be New Delhi.

d) The language of proceedings shall be English.

e) The law governing the substantive issues between the parties shall be the Laws of India.

 

16.0 CORRESPONDENCE

All correspondences concerning the Order shall state the Order number and shall be submitted in duplicate addressed to the concerned Unit/Project of Indian Farmers Fertiliser Cooperative Limited for attention of Incharge / Head of Materials / Purchase Department / Authority signing the order.

 

17.0 DOCUMENTATION

Documentation shall be submitted as called for in the order.

 

18.0 ORIGIN AND TEST CERTIFICATE

The Seller will supply copies of Test Certificates for materials and equipments, as called for in the order. Such certificate shall clearly state the Purchaser’s Order number, Item and Equipment number.

 

19.0 FIXED PRICE

All prices shall be fixed for the duration of the order including the period of any extension thereof and shall not be subject to escalation of any description during the said duration, notwithstanding any change in cost of materials and/or labour, which may take place while the order is being executed, even though it might be necessary for the seller for any reason whatsoever to take longer delivery period than indicated in the order.

 

20.0 PACKING AND DESPATCH

All packing, boxing, crating and protection shall conform to the specifications or requirements of the order. The seller shall be held liable for damage or breakage to the goods due to defective or insufficient packing. Marking as specifically advised in the Order or Despatch Instructions shall be done by Seller indelible paint and in such manner to ensure that the same is clearly visible.

 

21.0 DESPATCH/ DELIVERY

All Goods shall be dispatched by Rail / Road / Air on Freight to pay / Freight paid basis and the Railway Receipt / Lorry Receipt / Air Consignment Note shall be posted to the concerned Incharge (Stores) of Indian Farmers Fertiliser Cooperative Ltd. All local deliveries shall be made to the Incharge (Stores) for his order at our factory Site / City Godown.

 

22.0 SHIPPING/ DESPATCH DOCUMENTS

The Shipping / Dispatch documents will consist of:

i) Challan                       3 copies

ii) Packing list               3 copies

iii) Test Certificates        3 copies

iv) Invoice                     4 copies

v) Railway / Lorry Receipt / Air Consignment Note in original

The original and two copies of the dispatch documents shall be posted on the day of dispatch to the Purchaser for the attention of Incharge / Head (Finance & Accounts).

 

23.0 INVOICES

Three copies of each Invoices made out in the name of the Purchaser shall be posted to the concerned Unit of Indian Farmers Fertiliser Cooperative Limited for the attention of Incharge / Head (Finance & Accounts) immediately after dispatch has been made.

The Invoice shall show clearly whether they cover `Part Order’, `Balance Order’ or `Complete Order’ and shall include the Item number as well as the Order number. Net prices shall be shown on invoices. Cash discounts shall be described as such and each invoice shall show advance and progress payments which have been previously received by the Seller.

 

24.0 DEFAULT

In the event of the default of SELLER to comply with any of the provisions or requirements hereof, PURCHASER shall have the right to terminate and cancel ORDER with or without notice and without prejudice to any other rights, elections, or remedies. PURCHASER may have, and PURCHASER shall be relieved from any further obligations to SELLER hereunder. In the event of such cancellation of ORDER, PURCHASER shall be entitled to arrange for the procurement of equipment, materials and services from alternate suppliers at the risk and cost of the SELLER. The waiver of one default shall not be considered an automatic waiver of any other default.

 

25.0 TERMINATION

IFFCO reserves the right to terminate or cancel this Order in whole or in part by written or telegraphic notice to SELLER at any time prior to shipment from SELLER’s shop. IFFCO shall pay SELLER his actual out of pocket costs including reasonable termination expenses in connection with cancellation as approved by IFFCO less previously paid progress payments upto the date of notifications. Upon settlement of cancellation costs, title to all affected goods, both completed and uncompleted, shall pass to IFFCO and SELLER shall safely hold the same for a reasonable time subject to receipt of IFFCO’s written shipping instructions or other disposition instructions. However, this article shall not be applicable in case of termination by IFFCO due to default of SELLER.

 

26.0 DEFECT LIABILITY/ MAINTENANCE PERIOD

Unless otherwise specified, defect liability/ maintenance period for material/ work covered under the order/ contract shall be minimum 12 months from the date of taking over. If any defects are noticed during this period, the same shall have to be replaced/ rectified at supplier/ contractor own cost. In case of failure to replace/ rectify within 2 weeks of receiving the notice, IFFCO shall have right to forfeit/ adjust the security deposit / payment as the case may be. 

 

27.0 QUALITY WORKMANSHIP

The material/ work should be strictly to the satisfaction of IFFCO as per the instructions and in accordance with the relevant specifications. Bad quality/ workmanship shall not be accepted and is liable to be rejected and should be replaced/ rectified at supplier/ contractor own cost as per specification and directions given by IFFCO or Authorized Representatives. 

 

28.0 The Contractor’s contribution and worker’s contribution towards Provident Fund (PF) and EPS (if applicable) shall be deposited by the Contractor with the concerned authority.  The Contractor shall submit along with his monthly bill a statement regarding deductions against each employee for PF and EPS at the rates made applicable by the Government from time to time of the wages rates / amount specified under PF Act, deducted by the Contractor from the payment made to the workers who are eligible for PF and EPS deductions.  The employer’s matching contribution towards PF shall be solely borne by the contractor.  The IR Department to ensure that the PF is being deposited by the contractor to their employees’ account regularly. In case of failure on the part of the contractor in this regard, the Contractor’s contribution and worker’s contribution towards PF shall be deducted from the Contractor’s monthly bill and deposited with the authority concerned.

 

29.0 The Contractor shall have to deposit 0.5% (half percent) or the prevalent percentage rate of the aggregate of wages in respect of the employees who are members of Provident Fund, as the contribution to the Deposit Linked Insurance Scheme with the concerned RPFC.

GST related Terms and Conditions

 

1. For the purposes of this Clause the following expressions shall have the following meanings: 

1. GST - means any tax imposed on the supply of goods or services under GST Law. 
2. Cess – means any applicable cess, existing or future on the supply of Goods and Services.
3. GST LAW - means IGST Act, GST (Compensation to the States for Loss of Revenue) Act, CGST Act, UTGST Act and SGST Act, 2017 and all related ancillary legislations.

1. For the purpose of this contract/agreement, it is agreed between the parties that Goods and Services Tax applicable on this contract/agreement shall be borne and paid by [IFFCO] to [Vendor/Supplier/Contractor] in addition to the [contract price excluding current taxes] at actuals. [Vendor/Supplier/Contractor] would pass on the tax benefit/ savings, if any on account of output taxes to [IFFCO] by way of commensurate reduction in the contract sum/price at actuals.
2. Vendor/Supplier/Contractor agrees to do all things not limited to providing GST invoices and / or other documentation as per GST law relating to the mentioned Goods/Services, payment of taxes to Government, timely filing of valid statutory returns for the tax period and on the Goods and Service Tax Portal etc. that may be necessary to match the invoice on GSTN common portal and enable IFFCO  to claim  Input Tax Credit (ITC) in relation to any GST payable under this Agreement or in respect of any Goods/Services under this Agreement.
3. The Vendor/Supplier/Contractor agrees that the details of outward supplies made to IFFCO will be uploaded in the relevant GST Return Form as applicable from time to time on real time basis, not later than the statutory time limit.
4. Where any details of documents uploaded by the Vendor/Supplier/Contractor are rejected by IFFCO due to errors in such documents or wrong uploading/reporting of the details of such documents, the Vendor/Supplier/Contractor agrees to edit/amend/shift such documents or details thereof before filing of return for any subsequent month or quarter (as applicable), as the case may be.  
5. Where the Vendor/Supplier/Contractor is required to issue e-invoice containing all the particulars as specified in Form GST INV-01 in terms of applicable Rules (as may be amended from time to time), it is agreed that the Vendor/Supplier/Contractor will comply with such e-invoicing requirements.  
6. Vendor/Supplier/Contractor shall maintain high GST compliance rating track record at any given point of time. Payments shall be released only after verifying correctness of invoice data uploaded by Supplier/ Contractor on GST Portal. Once the Vendor/Supplier/Contractor has uploaded the details of outward supplies in Form GSTR-1, the Vendor/Supplier/Contractor agrees to file the return in relevant Forms/Returns by the statutory date which is currently 20th of the month succeeding the month/quarter (as applicable) for which return is to be filed without any delay.    
7. In case the Input Tax Credit of GST is denied or demand is recovered from IFFCO  on account of any non-compliance of GST Law by the Vendor/Supplier/Contractor, including non-compliance with e-invoicing provisions, delayed filing, incorrect filing or non-filing of Form GSTR-1 and Form GSTR-3B, non-payment of GST charged and recovered, the Vendor/Supplier/Contractor shall indemnify IFFCO  in respect of all claims of tax, penalty and/or interest, input tax credit, loss, damages, costs, expenses and liability that may arise due to such non-compliance. Without prejudice, this amount may be recovered from any payment due to Vendor/Supplier/ Contractor against any Order placed in any Unit or Office of IFFCO. 
8. All payments to domestic Supplier/Contractor where ITC is legally available to IFFCO, shall be released after verification of the uploading of Invoice data in the GSTN Portal, so that IFFCO is eligible to get ITC for such GST payments.
9. Supplier/Contractor shall mention GST Number (Provisional ID) and Place of Supply (State Name) furnishing item-wise applicable GST rate alongwith HSN/SAC code in their Quotations and Invoices as per GST compliant tax structure.
10. Further, in the event of any obligation of GST in future falling on IFFCO over the deductions on account of the deductions under Clause-5.7 of General Terms and Conditions, the same shall be recoverable from the Supplier/Contractor.

 

 

 

IFFCO's GST Number (Provisional ID) for various States/UTs