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DRAFT COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT This Comprehensive Annual Maintenance Contract hereinafter referred to as (AMC) is made on this

the ______________ day of ________ between ----------------(hereinafter referred to as Vendor, which expression shall, unless repugnant to the context, include its successors and assigns) and M/s. Hindustan Petroleum Corporation Limited, a company incorporated under the Indian Companies Act, 1956 and having its Registered Office at 17, Jamshedji Tata Road, Mumbai - 400 020 and its Marketing Headquarters Office at Hindustan Bhawan, 8, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai -400001 and having its offices at Delhi at Scope Minar, 6th Floor,Core-2,North Tower,Laxmi Nagar,Delhi-110 092 (hereinafter referred to as HPCL, which expression shall, unless repugnant to the context, include its successors and assigns) for maintenance, repair and service of -------make Dispensing Units/ Dispensers installed at HPCL retail outlets under their Retail Regional offices across India. 1. CONTRACT RESPONSIBILITY The Vendor agrees to undertake the maintenance and repairs for the -----make pumps/ Dispensers installed at the retail outlets. 2. SCOPE OF SERVICES The Vendor agrees to provide the following services arising out of wear and tear of the normal usage of Petrol pumps. The details of all the nozzles which are required to be maintained under this contract is as per PO No. The AMC will be comprehensive and will include service and cost of spares. Preventive Maintenance 2.1 The vendors service representative shall visit the site once in a month for carrying out preventive maintenance on all the dispensing units installed at site. This includes maintenance of all mechanical, electrical and electronic parts / sub-assemblies. The preventive maintenance report will be as per the format agreed mutually between HPCL and the vendor. Breakdown Maintenance 2.2 The Vendor will carry out all breakdown maintenance after receiving information (written or oral) from HPCL officials or their representatives,
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HPCLs Dealer/s or their representative or from helplines of HPCL. The Vendor/Vendors authorised service representative will carry out the required repairs of the dispensing units and inform HPCL/dealer office about the status of site. The breakdown maintenance report will be submitted and will be as per format agreed. 2.3 The Vendor shall maintain sufficient spares inventory at their offices in all the Regions. The stock will be in possession / custody of Vendor. 2.4 The Vendor shall also obtain W & M Repairers license for all the states where they shall be providing AMC. 3. CONTRACT EXCLUSIONS 3.1 Routine painting/repair of exterior of the Dispensing Pump. 3.2 Electrical cables external to the pumps. 3.3 All damages arising as a result of accident/Vandalism/ electrical voltages, which the pump is not designed to handle and lightening strikes etc. 3.4 Weights and Measures fees, expenses and penalties, if any. Coordination with the Weights and Measures such as taking their permission and calling them for stamping will not be in the Vendors scope. The Vendor will depute the service Engineer for technical assistance during stamping. 3.5 Extended hoses. 3.6 Pipeline or tank testing 3.7 Cost of nozzles, hoses, tube lights, breakaway couplings, swivel, sight flow indicators. 3.8 Pipelines or Tank testing 3.9 Batteries, Fluorescent tubes and its associated parts like chokes, starters etc. 3.10 All the modifications made that does not constitute OEM supply. 3.11 Comprehensive AMC shall cover all other items except the exclusions listed above 4. DURATION OF AGREEMENT 4.1 The agreement shall be in effect for four years from the date of signing of this agreement which commences after the expiry of the warranty period of the pumps supplied. 5. SERVICE HOURS

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5.1 Preventive maintenance will be carried out normally within the working hours 0900 hrs to 1700 hrs from Monday to Saturday. Preventive maintenance will be carried out on a monthly basis at all the sites. 5.2 Breakdown maintenance calls will be attended within a maximum of 24 hours of the receipt of the complaints in Major metros and within 48 hours at other locations. For remote location or outlets not accessible easily with available transportation, the response time will be mutually agreed to. However, in the cities of Mumbai, Delhi, Chandigarh, Hyderabad, Bhopal, Kolkata, Chennai, Bangalore, Pune and Jaipur the complaints received before 10.00 am of working day in the morning will be attended on the same day & will be resolved within 48 Hours. However complaints received after 1:00PM shall be resolved within 72 hours. For all other locations, complaints shall be resolved within 72 hours. For remote & difficult to access locations like North East , Kashmir , Darjiling , the time for resolution of complaints shall be agreed with respective territory offices of HPCL. 5.3 For Breakdown calls the normal working hours will be Monday to Saturday 9 AM to 5 PM. However, some identified critical outlets (Covering 5% of the Total AMC) will get extended service hours of 7AM to 9PM all Seven Days. 5.4 Breakdown calls are those, which hinder, stop and / or lead to the inaccurate dispensing of fuel. These can also be of the nature, which can lead to permanent damage to some major parts of the equipment. 6. PRICES AND PAYMENT TERMS 6.1 The schedule of rates for this comprehensive AMC covering both the cost of service and cost of spares is given below : Rs. -----per nozzle per month. Taxes extra as applicable. No other extra charges whatsoever will be paid. 6.2 The AMC does not include payment of fees and expenses of Weights & Measures Department . 6.3 The AMC charges will remain valid for a period 48 months after the expiry of warranty period 6.4 The AMC charges will be released by HPCL Regional Office on the basis of Bills accompanied by Service reports. The Bills and service reports will be submitted to Manager E&P of the concerned Region on a monthly
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basis. The payment shall be released within 30 days from the date of receipt of invoice from the vendor. Any dispute on the AMC will be handled as per 6.6 below. 6.5 The cost of spare parts is included in the AMC charges. However, in case, due to reasons other than normal wear and tear (accident, force majeure etc.,), spares need to be used, the same will be paid as per the price list of the Vendor, duly authorised by their principals. In case, the spare part can be used after repairs, the cost of repairs will be paid at rates mutually agreed. 6.6 A monthly review meeting will be held with the Vendor AMC cocoordinator wherein all disputes regarding the AMC implementation including payments will be discussed and resolved. In the event the AMC coordinator at the regional level does not resolve this, then HPCL will request Vendor for a meeting and resolve the issues. 6.7 The Vendor will submit the following reports every month : Copies of all Preventive Maintenance and Break down Maintenance service reports Copies of History sheets of all the pumps shall be kept at each outlet. Summary of Breakdown and Summary of Preventive maintenance An exception report indicating the pumps that could not be repaired and the reason for not being able to repair the same on a weekly basis. AMC scheduler, intimating the dates of visit by service engineer every month. MIS report showing complaints received vs. complaints attended/ resolved of all India level shall be sent to HO of HPCL by 15th of next month. 6.8 In case the complaints are not attended/resolved within the stipulated time as per the clause no: 5.2, the Vendor is liable to pay Rs.500/- per nozzle per day till such time the dispensing pump is attended/resolved. In case of any disputes arising out of this, the decision of HPCL Zonal office / HQO Retail Upgradation dept. shall be final and binding on the Vendor. 7. GENERAL TERMS & CONDITIONS 7.1 HPCL dealers will provide electricity, water and compressed air required for carrying out maintenance at the retail outlet free of cost. 7.2 Vendor shall not be responsible for the parts replaced by dealers and which are not manufactured or supplied by the Vendor. 7.3 Vendor shall also not be responsible for unauthorised addition of equipment or service activities performed by anyone other than the Vendor
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or their authorised service representative. However, during the monthly AMC visit, Vendor service engineer is required to check if any unauthorised addition or service activity has been done and the same should be brought to the notice of HPCL Engineer. This shall also cover electronics, software programme and computer display of the dispensing units. 8. TERMINATION OF CONTRACT 8.1 The term of this contract shall be for 4 years. "Notwithstanding anything to the contrary herein contained, the Parties shall be at liberty to terminate this agreement forthwith or at any time after the happening of any of the following events, namely; (a) If any Party commits breach of any terms and conditions contained in the agreement and fails to remedy such breach within 90 days of the receipt of written notice from the other Party in that regard. (b) If any attachment is levied and or continued to be levied on the effects of any of the Party. (c) If Receiver shall be appointed on any property or assets of any of the Party. (d) If any of the Party is wound up or winding up proceedings have been initiated against the Party." 9. OPERATIONAL DETAILS 9.1 Vendor will employ trained service engineers / technicians certified by their principal OEM for the service under this AMC. 9.2 Vendor shall maintain adequate spares inventory at their offices in all Regions. Only Genuine spares of OEM should be used. 9.3 Vendor shall make efforts to maintain and operate a toll free help desk for lodging of complaints. The helpdesk will necessarily give a service request number / complaint number for each complaint registered. 9.4 Vendor shall make efforts to maintain and operate an Internet site with a web based, real-time complaint monitoring system and access to the same will be given to all concerned HPCL Regional offices and officials. 9.5 The site shall also host all reports including details of all AMC/ Breakdown calls, history card, monthly summary, spare parts utilisation etc., in the formats desired by HPCL . 9.6 The Vendor will maintain history card for each dispensing unit in the format mutually agreed. A copy of the same will be submitted along with the service reports. All maintenance & repairs carried out will be recorded on this history card.
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9.7 The Vendor will also maintain service reports for all AMC visits & breakdown visits & copy of the same will be submitted along with bills of each month. 9.8 The Vendor will provide a list of service personnel / locations where the complaints can be lodged by HPCL. The Vendor will maintain a record of the complaints received and attended. 9.9 The Vendor will intimate in advance the respective HPCL Manager Engg./Regional Manager the period during which the service person/s of the vendor will be visiting the HPCL RO for preventive maintenance in the form of an AMC scheduler. 9.10 All maintenance & repairs complaints attended beyond the period as per Clause 5.2 above will be summarized by the Vendor & e-mailed to the respective HPCL Manager - E& P for their review and acceptance. 9.11 A summary of the complaints received & rectified will be e-mailed by the Vendor to the HPCL Regional Manager on monthly basis in the mutually agreed format. 10. ARBITRATION 10.1 All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties here to touching or concerning the AMC, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the AMC or whether before or after determination, foreclosure, termination or breach of the AMC (other than those in respect of which the decision of any person is, by the AMC, expressed to be final and binding) shall be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided. 10.2 The appointing authority shall either himself act as Sole Arbitrator or nominate some officer of Hindustan Petroleum Corporation Limited to act as Sole Arbitrator to adjudicate the disputes and differences between the parties. The Vendor shall not be entitled to raise any objection to the appointment of such officer of HPCL as the Sole Arbitrator on the ground that the said officer is an officer and /or shareholder of the Customer or that he/she has to deal or dealt with the matter to which the AMC relates or that in the course of his/her duties as an officer of HPCL, he/she has/had expressed views on all or any of the matters in dispute or difference. 10.3 In the event of the Arbitrator to whom the matter is referred to does not accept the appointment, or is unable or unwilling to act or resigns or vacates
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his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another Officer of HPCL to act as Arbitrator. 10.4 Such Officer nominated as Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or an Officer of HPCL nominated by the Appointing Authority shall act as an Arbitrator. 10.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the AMC. 10.6 The service under the AMC shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of invitation, commencement or pendency of such proceedings. 10.7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary. 10.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The award of the Sole Arbitrator shall be final and binding on both the parties. 10.9 Subject to the aforesaid, the provision of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under, shall apply to the Arbitration proceedings under this Clause. 10.10 The AMC shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in English language. 10.11 The Appointing Authority is the Director (Marketing) of Hindustan Petroleum Corporation Limited. 11. FORCE MAJEURE 11.1 Any delay in or failure of the performance of either part hereto shall not constitute default hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by Government authorities, acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes. The Vendor shall keep records of the circumstances referred to above and bring these to the notice of the Site-in
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charge in writing immediately on such occurrences. The amount of time, if any, lost on any of these counts shall not be counted for the purpose of this AMC. In this regard, decision of HPCL arrived at after consultation with the Vendor, shall be final and binding. Such a determined period of time be extended by HPCL to enable the Vendor to complete the job within such extended period of time. 11.2 If the Vendor is prevented or delayed from the performing any of its obligations under this AMC by Force Majeure, then the Vendor shall notify HPCL the circumstances constituting the Force Majeure and the obligations of performance which is thereby delayed or prevented, within seven days of the occurrence of the events. Similar notice shall be given on the cessation of the Force Majeure event. 12. CONFIDENTIALITY 12.1 Both the parties and their employees, consultants and agents shall hold in confidence all documents and other information, whether technical or commercial supplied to it by or on behalf of the other Party and all information and documents obtained by it in the course of any inspection or otherwise in accordance with the terms of this AMC and shall not, save as required by law or appropriate regulatory authorities, publish or otherwise disclose or use the same for its own purposes otherwise than as may be required by law or appropriate regulatory authorities, publish or otherwise disclose or use the same for its own purposes otherwise than as may be required to perform its obligations under this AMC. 12.2 The provisions of the above shall not apply to: a) any information in the public domain otherwise than by breach of this AMC; b) information in the possession of the receiving Party thereof before divulgence as aforesaid, and which was not obtained under any obligation of confidentiality; and c) Information obtained from a third party who is free to divulge the same, and which is not obtained under any obligation of confidentiality. 13. GENUINE SOFTWARE Both the parties agree that the software that is required to be used for the purposes initiating equipment to use as envisaged under this AMC shall be genuine and registered software and not a pirated version of any nature.

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14. COMPLIANCE OF LOCAL LAWS Both the parties agree to comply with the appropriate and relevant local laws (wherever applicable) concerning the purposes and activities envisaged under this AMC. 15. WAIVER The failure of either Party to insist in any one or more instances upon the performance of any term or conditions of this AMC, or to exercise any right afforded to such Party herein, shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions by the other Party or the future exercise of such right, and the respective obligations of the parties as to their future performances shall continue in full force and effect. 16. NOTICE Any notice or other communication required or permitted under this AMC shall be in writing and shall be given by registered post, hand delivery, courier service, telex, or telefax or e-mail addressed to the relevant Party at the address set forth below or such other address as may be designated from time to time. In case of the Vendor to: In case of HPCL to: DGM - Retail Upgradation Hindustan Petroleum Corporation Ltd. Hindustan Bhavan , 8, Shoorji Vallabhdas Marg Ballard Estate, Mumbai - 400001 Ph: 22692438 / 22637434 For and on behalf of _________________ Signed by Signed by Designation Date In the presence of : 1. 2. For and on behalf of Hindustan Petroleum Corporation Limited Designation Date

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Brief Scope of III party Inspection


GENERAL 1. Checking for adequacy of internal quality control procedures followed by the manufacturer. 2. Checking the reports of dry vacuum test carried out by the manufacturer. 3. The pump manufacturer has to certify that the castings used in the final assembly have been pressure tested and passed the tests according to Quality Plans of manufacturer. 4. Checking for validity the CCOE and other specified approvals for motor and the dispensing pumps 5. Checking for validity the Model Approvals from Weights and Measures Dept. 6. Check internal test report of the manufacturer for meter accuracy. 7. Check the Motor test report carried out by the Pump manufacturer while assembly / testing of the pump. VISUAL INSPECTION The following checks shall be carried out for each pump : 1. The panels are painted as per HPCLs colour scheme. Vinyls , artwork and screen printing is as per HPCLs/ Supliers specifications 2. Inscription of the product name in Hindi or English as per terms of relevant Purchase Order 3. Sub-assemblies carry tags for inspection / quality control by manufacturer or the record or register of such quality control to be checked for following sub-assemblies : a) Pumping Unit b) Metering Unit c) Motor d) ERA e) MRA All parts/fixtures are mounted properly 4. The CCOE and other specified approval references for motor are punched on the motor name plate. 5. Checking the serial no. of the pump for reference/identification

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6. The CCOE and other specified approval references of the pump are punched on the pump name plate. 7. Reference of Model Approval of Weights and Measures is punched on the pump name plate. The following checks shall be carried out for one dispensing pump selected at random from the lot offered or from the batch of 10 (ten) dispensing pumps (sixteen being despatch lot), whichever is less. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. All bolts, nuts and hardware securing all frames/panels are tightened properly Pumping unit is mounted on anti-vibration washers, if recommended by manufacturer as part of their design. All connections and couplings interfacing liquid carrying subassemblies are secured properly. The electric motor or idler pulley, if any, is free to slide approximately 20 mm for adequate belt tensioning. Belt tensioning : Belt should flex approximately 12 mm on either side of free state axis. All brass fittings securing copper tubes are tightened (if applicable) Motor and pump pulleys are secured through shaft keys and screws. Both pulleys are aligned and parallel with respect to outer faces. Link between meter unit and pulser assembly is in alignment and free to move vertically or rotate freely without any binding and seal arrangement provided for totaliser. Rigidity of upper assembly including vertical supports and register box. Lower panels fit properly and both locks operate well Ensure that covers of Switch Boxes and Junction Boxes are secured with all screws firmly in place. Nozzle : Outside diameter of spout to be 13/16 and 1 for Standard Duty and Heavy Duty pumps respectively. For Heavy Duty pumps with preset and auto cut-off nozzles, the inside diameter of the spout shall be 1. Check for minimum single plane, 360 degree swivel assembly at inlet of nozzle. Hose : Make and bore size and continuity of bond wire with couplings at both ends. Inside diameter of hose shall be as follows : Dia 19 mm for Standard Duty and dia 25 mm for Heavy Duty

14.

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15. 16. 17. 18. 19.

20. 21.

Lighting and power : Conforming to CCOE approval of pump with respect to wiring, junction boxes, switch boxes, switches for lighting, if required and motors. All lighting and displays receive supply. At reduced voltage (180 V AC) motor runs without noise and pump delivers product without vibration. Checking discharges under simulated field conditions for length and lift to ascertain conformity to PO specifications . Operate motors at Voltage ranges as specified in the PO and record discharges for the minimum and maximum voltages . PF, KW , Current drawn shall be recorded for the minimum and maximum voltages specified. All Voltmeters , Ammeters , PFmeters and KW meters or the test bench shall be currently calibrated by an agency approved by Government or bodies with proper and appropriate credentials . Thickness of paint film ; Elcometer shall be made available for this purpose Glasses are as per thickness specified INSPECTION OF ELECTRONIC REGISTER ASSEMBLY

22. 23. 24. 25. 26.

27.

Each segment of the digit. Automatic zeroizing with respect to ON/OFF operations. Battery backup charging circuit should be in working condition. In case of power failure, battery back up keeps the display on for 15 minutes. HPCL reserves the right to get PCB , mother board and other and any other electronic component tested at any government approved / accredited laboratory to check conformity to parameters as laid down by IEC or any such statutory body . One sample shall be drawn per one lot of 500 DUs . Samples shall be drawn in the assembled condition on the DU. Separate payments shall not be made for samples so drawn. One DUs out of a lot of 100 DUs shall be subjected to performance test/endurance similar to that exist in a retail outlet for assessing performance of DU particularly electronics. This endurance test shall be carried out for a period of three days and not less than 8 hours every day. Results of the tests must meet all the hydraulic parameters and the electronics shall also work unhindered during the said endurance tests. Readings of totalisers both EMT and Electronics
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shall be kept tabulated . Any exceptions to performance as per specified parameters shall be recorded and tabulated and must be made available to TPI as well as HPCls inspectors. 28. In the factory mixing of oil at various percentages must be demonstrated. Concomitant to this, accuracy of rates and amounts shall also be demonstrated IN CASE, ON INSPECTION/TESTING, THE SELECTED PUMP IS FOUND TO BE FAULTY, THEN ANOTHER PUMP FROM THE SAME LOT IS TO BE SELECTED FOR INSPECTION/TEST . IF THAT ALSO IS FOUND TO BE FAULTY, THEN THE ENTIRE BATCH SHOULD BE RETESTED BY MANUFACTURER AND OFFERED FOR FRESH INSPECTION. NOTE: A TYPICAL QUALITY ASSURANCE PLAN IS GIVEN IN THE ATTACHMENT V.HOWEVER ACTUAL QA PLAN WOULD BE ARRIVED AT THE TIME OF PLACEMENT OF PO.

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ANNEXURES I V BANK GUARANTEE FORMATS UNPRICEBID FORMAT & PRICE BID

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