Tamil Nadu, Madhya Pradesh, Karnataka, Gujarat and Maharashtra.
100 Days from date of Purchase order subject to abiding of agreed terms of payment by the customer
Subject to Signing of Non Disclosure Agreement.
Subject to Signing of Non Disclosure Agreement.
Support will be given in providing all information about the company and the site.
1.
Insurance / Risk:
Insurance cost during the execution of the project shall be borne by Supplier. However if the execution of the project is delayed because of delays in payments by Buyer, the insurance charges for such delayed / extended period shall be borne by the Buyer. Cost towards insurance of project after the date of commissioning shall be on account of Buyer.
2.
Security, Watch and Ward:
Security, Watch and Ward will be arranged by the Buyer at its own cost after the date of commissioning of the WEGs / project.
3.
Warranty:
The WEGs and other equipments shall be covered under warranty by Supplier against any defects in materials, design, engineering and construction, for the period of 1 year from the date of commissioning. Supplier shall undertake repairs / replacement of defective components in the WEGs, as found necessary from time to time, during the Warranty period. However, wearing parts viz. Brake Pads, electrical and electronic items (Thyristors / Contactors / MCBs / Insulators/ Lightning Arrestors etc) other than generator and Transformer, Blade Tip damage due to lightning, incidental expenses like transportation charges, insurance and installation charges, etc. shall not be covered under warranty terms. Warranty terms shall not be applicable if the full payment is not made by the Buyer in accordance to the schedule specified hereinabove.
This warranty terms shall stand null and void if maintenance MC contracts are given by the Buyer to the third party operators during the term of warranty. The warranty terms shall also not apply if the WEG units are opened by the third persons in absence of Supplier Engineers / authorized persons or without prior consent of Supplier.
4.
Land Documentation:
- In case of private free hold land, the registered sale deed shall be executed in favour of the Buyer immediately after placement of PO with advance of 30 % before the commissioning of the project.
- Accordingly, the Buyer should inform their bankers for timely sanction and disbursement of the term loan so as to adhere to the Terms of Payment
5.
Evacuation Arrangement and Grid Availability
Supplier will arrange for adequate evacuation facilities for this project. The timely completion of permanent power evacuation arrangement depends on various permissions from Government / Nodal Agency / EB and also the Right of Way (ROW) by the local villagers. Accordingly, in case of any delay in the completion of permanent power evacuation arrangement, Supplier shall arrange for temporary power evacuation for commissioning of project. The Supplier is not responsible for any delay beyond the control of Supplier due to administrative issues of Government.
Till the time the permanent power evacuation facilities are commissioned, Supplier shall not be responsible for any loss of generation to Buyer due to this reason.
6.
Power Curve Performance:
Supplier certifies that the power generation from the WEG shall be maintained at least 90% of the Certified Power Curve. However, the above specified data shall be subject to the prevailing climate conditions from time to time.
7.
Repossession / removal of WEG:
SUPPLIER retains the irrevocable right to dis-assemble & repossess parts of WEG or the entire WEG if the BUYER defaults on payment terms and conditions specified hereinabove. In case of non-payment by Buyer, Supplier shall be fully entitled to terminate this order and ask for the liquidated damages caused to the supplier due to such termination of the Purchase order.
8.
Operation & Maintenance:
Supplier shall provide free of cost Operation and Maintenance services for the initial 1 year from the date of commissioning of the project. After completion of Guarantee / Warranty period of 1 year from the date of Commissioning, the Buyer may request Supplier to take care of Operation and Maintenance of the WEG's supplied by Supplier on such annual maintenance charges and terms and condition as may be mutually agreed between the parties under a separate Operation and Maintenance Agreement.
9.
Cancellation of Agreement & Change in Order Quantities:
Cancellation of the order by Buyer in part or whole is not foreseen. However, in the highly unlikely event if the order is cancelled in part or whole the same shall be settled mutually in the best interest of both the parties.
10.
Force Majure:
If at any stage during the execution of this order, the performance of any obligations under this Order are prevented or delayed wholly or partly by reasons of war, hostility, fire, wind, floods, lightning, wind, epidemics, sabotages, quarantine restrictions or other acts of God, Government or Law (hereinafter referred to as eventualities) then, a notice of the happening of any such eventuality will be given by the suffering party to the other party within 15 days from the date of occurrence of any such eventuality. In such case neither party shall, by reasons of such eventuality, be entitled to terminate this order, nor shall be entitled to ask for any claim for damages with respect to such non-performance or delay and the performance and deliveries of this order will be resumed as soon as practicable after such eventuality has come to an end or ceased to exist. The time lines with respect to completion of execution of the project shall be extended by such further time during which force majure events were persisting.
11.
Miscellaneous:
The parties agree that the terms and conditions specified in this purchase order shall override all written and verbal communications, the parties had between them before the execution and acceptance of this purchase order.
12.
Dispute Resolution:
All disputes and differences arising out of or connected with this order, failing amicable settlement, shall be referred for Arbitration under Arbitration and Conciliation Act 1996. Arbitration shall be done by the bench of Arbitrator containing one Arbitrator appoint by each party. The venue of such arbitration shall be in Mumbai.
13.
Jurisdiction:
Any disputes arising out of the terms and conditions of this order mentioned hereinabove, shall be subject to the exclusive Jurisdiction of the Court in the City of Mumbai alone.