Model Firm Undertaking
(Subject to change without prior Notice)
(Undertaking to be executed only by Proprietor/ Proprietrix/Authorized
Signatory)
1. I/We, on behalf of………………………………………........................publisher/dealer
hereby agree to deliver the following books, at the mutually agreed - final
negotiated discounted price, as indicated below in Table 1 and at the following
Centres as indicated in Table 2 below.
Table – 1
(Book Title, Type and Net Price of Books)
Sl.
No.
Title
of the
book
Author(s)
1
2
3
Type of binding offered
(as also in the Specimen
copy given) is
(1) Case Binding
(2) Calico Binding
(3) Paper Back Binding
Type of
paper
(with
specifica
tions)
Cost
price
(Rs.)
Final
negotiated
Discount in
% basis
(as agreed
to)
5
6
7
(Pls. indicate the type)
4
Net price after
discount (Rs.)
(as agreed to)
in
in
Figures words
8(a)
8(b)
Table – 2
(List of Centres)
1.
2.
3.
Supply to 385 Blocks at the respective Block
Offices
Supply of 1 copy of each title to 30 Districts at
the Office of the Project Officer, District Rural
Development Agency concerned.
Supply to Office of the Commissioner of Rural
Development and Panchayat Raj at Chennai.
Total
5,031 copies of each title in
all.
30 copies of each title
1 copy of each title
5,062 copies of each title
2. I/We understand that the cost of loading, transportation, unloading, octroi,
insurance, taxes, duties, charges, surcharges and such other levies as may
be applicable shall be borne by me/us. The price finalized in para 1 above is
inclusive of all the above items and is firm and NOT subject to
enhancement on any grounds and would remain valid until the execution of
the Supply Order.
3. I/We undertake to deliver the books of the same quality and specifications
as quoted by me/us and re-confirmed in Table – 1 (above).
4. I/We undertake to pay the Security Deposit of 2% of the value of books to
be supplied by me/us and I/We understand that the Supply Order will be
issued by the Purchaser only after Security Deposit is paid by me/us.
5. I/We understand that the supply of all the copies of all the ordered titles (as
in Table 1 above) to all the Centres (as in table 2 above) are to be
completed within a stipulated period of four months from the date of issue
of supply order.
6. I/We understand that the purchaser is
at liberty to reject any copies of
books which do not conform to the quality and specifications as given in
Table 1 above either at the Supplier’s premises or at the specified Delivery
Centres.
2
7. I/We understand that any copies rejected by the Purchaser as per para 6
above or any copies found by the Purchaser to be damaged, mutilated or
torn in transit would be replaced by the Supplier at the Delivery Centre(s)
concerned with good quality books at my/our own cost.
8. I/We understand that full payment for supplies will be made only if all the
copies of all the ordered titles are supplied to all the specified Centres within
the stipulated period of four months and conforming to all the prescribed
conditions regarding quality and specifications.
Proprietor/ Proprietrix/Authorized Signatory with Seal.
Place:
Date:
Name and Designation.
3
Model Agreement
(Subject to change without prior Notice)
(To be signed only by the Proprietor/ Proprietrix/Authorized Signatory)
(To be executed on a Rs.20/- Non-judicial Stamp paper by the Supplier
for the Supply of Books to the Libraries in AGAMT Village Panchayats for the
years 2008-09 and 2009-10)
The Deed of Agreement made on this………………………..day of…………………..2009,
between
M/s…………………………having
its
Registered
Office
at……………………represented by its………..............hereinafter called the ‘Supplier’
on the one part.
AND
Directorate of Rural Development and Panchayat Raj having its office at
Panagal Buildings, Chennai-15 represented by its Commissioner of Rural
Development and Panchayat Raj hereinafter called the ‘Purchaser’ on the other
part.
Whereas the Purchaser has issued advertisement pertaining to the
expression of interest for the supply of books to the Libraries to AGAMT villages
2008-09 & 2009-10 vide advertisement published in “Times of India”
dt.5.1.2009 and “Dinakaran” dt.5.1.2009 and upon successful selection of
books by the committee of eminent personalities, constituted for this purpose,
the party of the first Part has agreed to supply books for the libraries in AGAMT
Villages at the Net Price after deducting the discount offered on negotiation and
of the quality as detailed below in Table 1 and at the delivery Centres as
detailed in Table 2 below :
4
Table – 1
Book Titles, Specifications and Net Price of Books
Sl.
No.
Title
of the
book
Author(s)
1
2
3
Type of binding offered
(as also in the Specimen
copy given) is
(1) Case Binding
(2) Calico Binding
(3) Paper Back Binding
Type of
paper
(with
specifica
tions)
Cost
price
(Rs.)
Final
negotiated
Discount in
% basis
(as agreed
to)
5
6
7
(Pls. indicate the type)
4
Net price after
discount (Rs.)
(as agreed to)
in
in
Figures words
8(a)
8(b)
Table – 2
List of delivery Centres
1.
2.
3.
Supply to 385 Blocks at the respective Block
Offices.
Supply of 1 copy of each title to 30 Districts at
the Office of the Project Officer, District Rural
Development Agency concerned.
Supply to Office of the Commissioner of Rural
Development and Panchayat Raj at Chennai.
5,031 copies of each title in
all.
Total
5,062 copies of each title
30 copies of each title
1 copy of each title
Now both the parties have agreed as follows:
A.
Terms of Supply
1.
The Supplier agrees that the cost of loading, transportation (up to the
delivery
Centres
specified
in
Table
2
above),
unloading,
octroi,
insurance, taxes, duties, charges, surcharges and such other levies as
may be applicable shall be borne by him. The price finalized is inclusive
of all the above items and is firm and NOT subject to enhancement on
5
any grounds and would remain valid until the execution of the Supply
Order.
2.
The Supplier agrees to deliver the books of the same quality and
specifications as quoted by him and re-confirmed in Table 1 (above).
3.
The Supplier agrees to pay the Security Deposit of 2% of the value of
books to be supplied by him and agrees that the Purchase Order will be
issued by the Purchaser only after the Security Deposit is paid by him.
4.
The Supplier agrees to supply all the copies of all titles ordered (as in
Table 1 above) to all the delivery Centres (as in Table 2 above) within
stipulated period of four months from the date of issue of Purchase
Order. The Supplier also agrees that not making any supply of books
within the specified period of four months or making part supplies
beyond the stipulated period of four months will attract the penalty
clause as described in Part ‘C’ of this agreement.
5.
The Supplier agrees that he shall furnish the details relating to the place
of printing of the books, the place of binding and the place of storage
(godown) to the Purchaser within fifteen days from the date of receipt of
the Purchase Order.
6.
The Supplier agrees that the Purchaser or his authorized subordinates
shall have the right to inspect his premises (owned/rented) at any time
during the course of printing/binding/storage to check whether books
printed are of the agreed quality and quantity.
6
7.
The Supplier agrees that he shall intimate the Purchaser under
acknowledgement either through personal messenger or by RPAD when
25% of the copies of each of the ordered titles have been printed by
him.
8.
The Supplier agrees that he shall intimate the Purchaser under
acknowledgement either through personal messenger or by RPAD when
100% of the copies of each of the ordered titles have been printed and
bound by him along with a copy of each title. The Supplier agrees
that he shall commence despatch only after seven clear working
days have elapsed from the date of receipt of the sample copy by
the Purchaser.
9.
The Supplier agrees that the Purchaser is at liberty to reject any copies
of books which do not conform to the quality and specifications as given
in Table 1 above either at the Supplier’s premises or at the specified
delivery Centres.
10.
The Supplier agrees that any copies rejected by the Purchaser as per
para 9 above or any copies found by the Purchaser to be damaged,
mutilated or torn in transit would be replaced by the Supplier at the
delivery Centre(s) concerned with good quality books at his own cost.
11.
The Supplier agrees that the mere fact that the Purchaser or his nominee
inspected
the
Supplier’s
premises
during
the
course
of
printing/binding/storage or that the Purchaser was given a sample copy
does not necessarily mean that the copies of the titles delivered by him
7
were of the specified quality. The quality of the copies of the ordered
titles as received at the delivery Centres shall be the determining
criterion for purposes of payment.
B. TERMS OF PAYMENT
1. The Supplier understands that the aim and intent of the Purchaser is not
Part Supply i.e., supply of one or more of the ordered titles to some of the
Delivery Centres in the State but to ensure Full Supply i.e., supply of all
the copies of all the ordered titles to all the specified delivery
Centres in the State within the stipulated period of four months and
conforming to the specified quality and specifications.
2. The Supplier agrees that he will be eligible for Full Payment without penalty
only if he makes Full Supply, i.e. supplies all the copies of all the ordered
titles to all the specified Delivery Centres in the State within the stipulated
period of
four months and conforming to the specified quality and
specifications.
3. The Supplier agrees that for purposes of payment, the State shall be divided
into five Clusters as indicated in Table 3.
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Table – 3
Clusters of Districts
Cluster
Districts within the Cluster
Kancheepuram Cluster
Thiruvallur, Kancheepuram, Cuddalore,
(6 Districts)
Vellore, Thiruvannamalai and Villupuram
Tiruchirapalli, Karur, Perambalur, Ariyalur,
Tiruchirapalli Cluster
Pudukottai, Thanjavur, Nagapattinam and
(8 Districts)
Tiruvarur
Coimbatore Cluster
Coimbatore, The Nilgiris, Erode, Namakkal,
(7 Districts)
Salem, Dharmapuri and Krishnagiri
Madurai Cluster
Madurai, Sivaganga, Ramanathapuram,
(6 Districts)
Dindigul, Theni, Virudhunagar
Kanniyakumari Cluster
Tirunelvelli, Thoothukudi and
(3 Districts)
Kanniyakumari
4. The Supplier agrees that he will NOT be eligible for any payment unless he
supplies copies of one or more titles to all the delivery Centres in a Cluster.
5. The Supplier agrees that he will be eligible for one or more Part Payments
of a percentage of the value of the supplies effected only if he supplies
copies of one or more titles to all the delivery Centres in one or more
Clusters within the stipulated period of four months. The Supplier agrees
that he will get the retained amounts in respect of Part Payment only when
he has supplied all the titles to all the delivery Centres in the State subject
to the provisions of Part C of this Agreement.
9
6. The Supplier agrees that Part Payment facility as per para 5 above is not
available to him if he supplies copies of one or more titles to all the delivery
Centres in one or more Clusters beyond the stipulated period of four
months, and that he will be eligible for a single final payment (subject to the
provisions of Part C of this Agreement) only when he supplies all the copies
of all the titles to all the delivery Centres in the State.
7. The Supplier understands that a ‘Cluster’ and not a ‘district’ is the unit for
determining payments for supplies effected.
8. The Supplier understands that the terms of Full Payment / Part Payment /
No Payment as stipulated in paras 1 to 5 above may be summarised in
Table 4 below:
Table – 4
Scenarios For Full/Part/No Payment
Delivery Centres
Scenario Titles supplied
to which supplied
Payment Eligibility
within 4 months
1
2
Some of the
Some of the Centres
titles
in a Cluster
All the titles
Some of the Centres
Not eligible for payment.
Not eligible for payment.
in a Cluster.
3
4
Eligible for Part Payment in
Some of the
All the Centres in a
titles
Cluster.
respect of that cluster.
All the Centres in
Eligible for Part Payment in
Some of the
titles
two or more
Clusters.
respect of those clusters.
10
5
6
All the titles
All the titles
All the Centres in a
Cluster.
respect of that cluster.
All the Centres in
Eligible for Part Payment in
two or more
respect of those clusters.
Clusters.
7
All the titles
Eligible for Part Payment in
All the Centres in all
Eligible for Full Payment.
the Clusters.
9. The Supplier agrees that the quantum of Part Payments (in terms of
a
percentage of the value of supplies effected) as per Table 4 above for
different Clusters will be as per Table 5:
Table – 5
Payment Percentages for Supplies to various Clusters
Payment % for books supplied within 4 months
Supplies to
Centres in
Cluster
Some or all of
the titles
supplied to
some of the
Centres in the
Cluster.
Some of the
titles supplied
to all the
Centres in the
Cluster.
All the titles
supplied to
all the
Centres in
the Cluster.
0%
55%
65%
0%
65%
75%
0%
70%
80%
Kancheepuram
Cluster
Tiruchirapalli
Cluster
Coimbatore
Cluster
11
Madurai Cluster
0%
75%
85%
0%
80%
90%
Kanniyakumari
Cluster
100% payment will be made if all the titles are supplied to all
the delivery Centres in the State within four months.
The retained amounts in respect of Part Payment cases will be
made only when the Supplier has supplied all the titles to all the
delivery Centres in the State subject to the provisions of Part C
of this Agreement.
10. All payments, part or full, will be made by the Purchaser by means of a
Cheque/Demand Draft to the Supplier ordinarily within 30 days of the
receipts of supply, as per Table 5 above, based on the submission of bills
along with the consignees’ receipts by the Supplier,
provided the books
have been received as per the agreed quality and quantity at the specified
delivery Centres.
C.
Terms of Penalty.
1. The Supplier agrees that if no supplies are made by him within the specified
period of four months, the Purchase Order shall be summarily cancelled by the
Purchaser without any notice and the Supplier shall forfeit his security deposit
and be blacklisted for a period of three years.
12
2. The Supplier agrees that where part supplies have been made by him within
the specified period of four months, penalty for delayed supplies effected
beyond four months will be levied as under:
i.
For delayed supplies made within 30 days after the stipulated period
of 4 months – 5% of the defaulted value will be levied as penalty.
ii.
For delayed supplies made between 31 and 60 days after the
stipulated period of 4 months – 7.5% of the defaulted value will be
levied as penalty.
iii.
For delayed supplies made beyond 60 days after the stipulated
period of 4 months – 10% of the defaulted value will be levied as
penalty, with a distinct possibility of cancellation of the Purchase
Order at any time thereafter; forfeiture of retention amounts on
part payments made for supplies within 4 months; forfeiture of
security deposit; and black-listing of the Supplier for a period of
three years.
D. General Terms and Conditions:
The Supplier agrees that
i)
this Agreement shall remain in force until the execution of the
Purchase Order in full by the Supplier or till the cancellation of the
Purchase Order by the Purchaser as per Part C above.
ii)
the Purchase Order or any part/share or interest in it shall not be
transferred or assigned by the supplier directly or indirectly to any
person or persons whomsoever without the written consent of the
Commissioner of Rural Development and Panchayat Raj.
13
iii)
any notice to the supplier shall be deemed to be sufficiently
served, if given or left in writing at their usual or last known place
of abode of business of the supplier.
iv)
the various clauses of this Agreement shall be interpreted
harmoniously.
Place:
Proprietor/ Proprietrix/Authorized Signatory with Seal.
Name and Designation.
Date:
Commissioner,
Rural Development and Panchayat Raj
14