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Contents

EMD refund application.................................................................................................................2

Security Deposit Refund application..............................................................................................3

Bank Guarantee Release application.............................................................................................4

Contract Agreement proforma.......................................................................................................5

Bank Guarantee against EMD / Security Deposit proforma............................................................6

Indemnity Bond proforma..............................................................................................................7

Performance Bank Guarantee proforma..............................................................................................8

/tt/file_convert/563dbbbb550346aa9aafc99f/document.doc

Rev: 02 Date: 01/04/2010

Letter Head of Supplier / Contractor

EMD refund applicationBack to top

Reference: No Date: / / 20

To,

The Chief General Manager…………………… Power Station

Subject: Application for EMD refund paid against Tender

Reference: 1. Tender No: of Station

2. Money receipt No Dated: / / 20 paid at Station

Dear Sir,

It is requested to release Earnest Money Deposit paid against tender under reference as the Order has been placed on other firm / Tender has been cancelled / Tender has been refloated.

Details are as under.

1. Particulars of Purchase / Works:

2. Amount of EMD to be refunded: Rs /-

3. Remarks if any:

Thanking you

Yours faithfully

Name & Designation of Representative

Strike out whichever is not applicable

For Tender Publishing Station office use onlyNOC

To whom so ever it concern

The Earnest Money Deposit (EMD) paid against tender under reference may be released against original MR as the Order has been placed on other firm / Tender has been cancelled / Tender has been refloated.

Purchase ExecutiveDesignation: Date: / / 20

Note: Vendors are requested to apply for EMD refund to the station where they have paid EMD. The EMD release clearance is to be obtained from the tendering station as applicable before release of EMD


Rev: 00 Date: 01/09/2009


Security Deposit Refund applicationBack to top

Reference: No ……… Date: / / 20….

To,

The Chief General Manager…………………… Power Station

Subject: Refund of SD against Tender / Order

Reference: 3. Your Purchase / Work Order No: Dated: / / 20

4. Amendment No: Date: / / 20

5. Money receipt No ………………. Dated: ………………….

Dear Sirs,

The Security Deposit tender / order under reference may be please released as the order has been executed to the satisfaction.

Details are as under:

1. Particulars of purchase / works:

2. Amount of SD to be refunded: Rs /-

3. Date of execution of Purchase / Work order: / / 20

4. Guarantee period of: months / year w. e. from Date of supply / commissioning: / / 20 is

completed

5. Remarks if any:

Requested to release the payment

Authorised Signatory

Name & Designation

Name of Company

Strike out whichever is not applicable


Rev: 00 Date: 01/09/2009


Bank Guarantee Release applicationBack to top

Reference: No ……… Date: / / 20….

To,

The Chief General Manager……………….. Power Station

Subject: Application for Bank Guarantee Release

Reference: 6. Your Tender No: Dated: / / 20

7. Your Purchase / Work Order No: Dated: / / 20

8. Amendment No: Date: / / 20

9. BG reference: …………………………. Dated: / / 20

Dear Sirs,

The Security Deposit furnished in the form of Bank Guarantee of ……………………….. Bank against order under reference may be please released as the order has been executed to the satisfaction.

Details are as under.

1. Particulars of purchase / works:

2. Amount of SD be refunded: Rs /-

3. Date of execution of Purchase / Work order: / / 20

4. Guarantee period of: months / year w. e. from Date of supply / successful commissioning :

/ / 20 is completed

5. Remarks if any:

Requested to release the payment

Authorized Representative Signatory

Name & Designation

Name of Company

Strike out un-necessary fields


CA Rev: 00 date: 01/06/2008CA Rev: 01 date: 09/10/2009

Contract Agreement proformaBack to top

This agreement made on the / /20 day Between M/s (Hereinafter called ‘The Contractor’ which expression shall unless excluded by or repugnant to the context include his successors or assigners) of the one part and the Chief General Manager (Gen), Thermal Power Station of MAHAGENCO at (Hereinafter called ‘the company which expression shall unless excluded by or repugnant to the context include his successors or assigners) of the other part.

Whereas the Purchaser invited tenders for at in exercise of his powers vested in him by the MAHAGENCO.

Whereas the Contractor has submitted his offer in the prescribed tender documents which were opened by the MAHAGENCO on dated / /20 and whereas his tender has been accepted by the MAHAGENCO and This office order No dated / /20 for at and contract awarded to the Contractor on the terms and conditions specified in the tender document and Contract for works’ ( Applicable for works Contract ) attached with the Tender.

Now, this agreement witnesses and it is hereby agreed and declared as under:

The provisions contained in the documents and letters a numerated below form a part of this agreement.

Tender specifications submitted by the Contractor duly filled and signed and opened on / /20 for at including the terms and conditions contained therein.

‘Terms & Conditions of Tender Works’ (Applicable for works Contract) attached with the tender specification.

This office order No. dated / /20

It witness where on both parties, their authorized representatives set their hands and seal of the parties on the day and the year above written.

Signed by or on behalf of the Contractor in the presence of witnesses:

1. Name : Shri

Signature

2. Name : Shri.

Signature

Contractor’s Signature

Signed by or on behalf of the MAHAGENCO in the presence of witnesses:

Signed by or on behalf of the Contractor in the presence of witnesses:

1. Name : Shri

Signature

2. Name : Shri.

Signature

Purchaser Authority,

MAHAGENCO,

Note: The Stamp Paper value shall be Rs 100 up to contract value of Rs 10 Lakh and Rs 100 for further every Rs 1 Lakh. The maximum Stamp Duty will be Rs 5 Lakh.


BG / Rev. No: 00 / Date: 01/06/2008

Bank Guarantee against EMD / Security Deposit proformaBack to top

Proforma for submission of BG against EMD / Security Deposit

The Bank of . ……………………………………………………………………………………hereby agrees unequivocally and unconditionally to pay, at …………………..………………………………………… within 48 hours, on demand in writing from the MAHAGENCO or any officer authorised by it in this behalf of any amount up to and not exceeding Rs. …………………../- (in words Rupees . …………………..……………………………………………………………………………………) to the Said MAHAGENCO on behalf of M/s…………………..………………………………………………………………have tendered or contracted or may tender or contract hereafter for supply for materials, equipments or services to the MAHAGENCO of Materials, equipment or services to the MAHAGENCO against Tender No /Enquiry No /Order No: ………………….………………………………………… Dated: …../ …..20….. (Total Estimated cost of tender / Order Value is Rs. ………………….. /-)

This agreement shall be valid and binding on this Bank up to and including date: …./ …./20… and shall not be terminable by notice or any change in constitution of the Bank or the firm of contractors or any other reasons what-so-ever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given conceded or agreed with or without our knowledge or consent, by or between parties to the said within written contract. The validity of this Bank Guarantee will be extended by us for the further period of six months, one month prior to its present validity period at the request of MAHAGENCO.

In case of any disputes arising out of or in connection with extension or encashment of Bank Guarantee, The Courts at . …………………..…………………………………………(as specified in tender / enquiry / Order document of respective station) will have jurisdiction.

Our Liability under this Guarantee is restricted to Rs. . …………………../- (Rupees .. …………………..……………………………………). Our guarantee shall remain in force until date: …../ …..20…..unless a suit or action to enforce a claim under the guarantee is failed against us within six months from the aforesaid date, all rights of MAHAGENCO under the said guarantee shall be forfeited and we shall be relieved and discharged from all our liability there under

Sign . …………………..

For . …………………..

(Banker’s Rubber Seal)

Please Note:1. The value of stamp paper for this Bank Guarantee shall be Rs. 100/-2. The Bank Guarantee should be furnished from Nationalized Bank with complete postal address of the Bank

undertaking the guarantee3. In the first instant, the Bank Guarantee should be valid for the guarantee period of the last consignment as per the

delivery terms of the contract. 4. Strike out whichever is not applicable


Indemnity Bond proformaBack to top

PROFORMA OF INDEMNITY BOND

This Deed of indemnity is made this, the Day ……/………/ 20…. by Mr / Mrs / M/s ………………………………………… resident of ……………………………………………………………

Whereas I am the holder of ………………………………………………………… ……………… and whereas I ……………………………………..with necessary documents (vide letter No. …………. dated ……/………/ 20…. as required by Section 52 of ………………………………………………

And whereas for ……………………………………………, I had given an undertaking in the form of an affidavit (copy enclosed) to the …………………………………………….

And this deed witnesses that in pursuance of the aforesaid affidavit and in consideration of …………………………………………………………. having agreed to ……………………………, I hereby undertake to indemnify and keep harmless the …………………………………………….. from all proceedings in courts and before other authorities including the Competent Authority and other authorities appointed ………………………………………………………………, all expenses / losses / claims which the ……………………………………………………….. may incur or become liable to pay as result, or in consequence, or the sanction accorded by it to building plans in respect of the aforesaid …………………………………………….

I further state that I and all my successor-in-interest shall abide by the aforesaid terms and conditions of this Deed of Indemnity.

Witnesses

1) ………………………………….. Signature of the Party

2) …………………………………..


Rev: 00 Date: 01/01/2009

Performance Bank Guarantee proformaBack to top

Form of Bank Guarantee for the Performance of the Equipment

B.G. No………... & Date: ……/……/20….

This deed of Guarantee is made this ……………….. day of ……………………by ……………………… branch having its HO at …………………………………. (hereinafter called the Surety which expression shall, where the context so admits include its permitted assigns), in favour of Maharashtra State Power Generation Company Limited being a Government Company formed as per the provisions of the Maharashtra Electricity Reforms Transfer Scheme, 2005, having its registration no. U40100MH2005 PLC153648 (hereinafter called the Creditor which expression shall include its permitted assigns) whereas M/s………………………………………………………………………. (Postal address as per A/T) have entered into a contract to supply (name of the material) to the MSPGCL vide contract No. …………………………………. Dated ……………on the terms and conditions in the said contract (hereinafter for brevity sake called “the said contract”).

In accordance with terms of the said contract, the creditor has agreed to pay to M/s……… ………………… ………………………………………….. the said sum representing the 10% of the total contract price for the Rs…………………/- and where as M/s………………………………………………………………………. is required under the terms of contract to furnish a Bank Guarantee for Rs…………………/- (Rupees…………………………………………………………………………………..only) the said sum representing the 10% ……………… price as given in the said contract.

The surety at the requests of M/s. ……………………………………………………………………….has agreed to give this guarantee.

Now therefore this deed witness as follows:

1. In consideration of the creditor agreeing to make to the debtor at Mumbai the payment of Rs …………/- Rupees…………………………………………………………………………………………..only) being the …………………………………………………………….. price as given in the said contract on supplying the complete material as per the contract by the debtor falling which the surety does undertake to pay to the creditor on demand such amount or amounts as the surety may be called upon to pay not exceeding in the aggregate sum of Rs. ……………/- (Rupees………………………………………………………………… only).

2. The surety hereby guarantees to the creditor the due performance and observance by the debtor of the terms and conditions of the contract.

3. The surety also agrees that it shall not during the currency of the guarantee herein given during the period of its execution revoke the same even by giving notice to the creditor.

4. On account of the non fulfillment of the contractual obligation by the debtor, or in case the surety or contractor do not renew this guarantee bond as herein provided, the surety will on simple demand from the creditor, pay at Mumbai the creditor the sum of Rs……………./- (Rupees…………………………………………………….……………only) as indicated under Clause-1 above, without demure and without requiring the creditor to involve any legal remedy that may be available to them to compel the surety to pay the same even if the debtor consider such demand of the creditor unjustified.

5. The surety agrees and declares that notwithstanding anything contained in Section 133 to 135 of the Indian Contract Act 1872 (IX of 1972) or any other rule of law or equity in the behalf any variance in the terms of the said contract shall not operate as a discharge of his obligations hereunder or shall any composition made by the creditor with the debtor in respect of any breach of the terms and conditions of the said contract operate as a discharge of the surety’s obligation and surety further expressly agrees and declares that though as between the creditor and surety, the surety shall be liable for any sum payable or falling due hereunder equally with the debtor and the surety save as otherwise herein provided hereby waives all his rights which he might as guarantor be entitled to claim and enforce.

6. The decision of the creditor that any sum has become payable shall be final and binding on the surety.

7. This guarantee shall come into force on supply of material shall remain in force till the end of …………. The surety, at the request of the creditor, shall extend the validity of the Bank Guarantee for a further period of 12 months, one month prior to its present validity period.


In case of any dispute arising out of or in connection with the extension or encashment of bank

Guarantee, the Courts in Mumbai will have the jurisdiction.

9. The guarantee herein contained shall not be affected, by the change in the constitution of the surety or the debtor.

10. Our liability under this guarantee is restricted to Rs……………/- (Rupees………………………………………………………………………………only) and our guarantee shall remain in force until ……………………………………………………………unless a claim under this guarantee is lodged with us within six months from the date of expiry of guarantee i.e. on or before ………………….. all your rights under this guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities there under.

In witness where of the surety has executed this deed in presence of

Place: ………….. Signature …………..

Date: ………….. For …………..

(Banker’s Rubber seal & Code No: ………….. of Signatory)

Witnessed:

…………………………………….

…………………………………….

…………………………………….

…………………………………….

Please Note that:1. The value of non-judicial stamp paper for this Bank Guarantee is Rs. 100/- should be purchased in the name of

Guarantor Bank.2. The Bank Guarantee should be furnished from any Schedule bank.3. Please state the full and complete postal address of the bank undertaking the guarantee.4. BG may be valid as per terms of A/T including guarantee period of material.5. BG should be submitted along with covering letter of bank.


FILE5983OTHDOC0_1285241593234

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