Public tender document for tender in two parts Ref.

Indent NO: KCS-8640653/B424 Subject: purchase P/F BERTHOLD RADIO ACTIVE LEVEL GAUGE Requested by petrochemical Kala Company

Tendering body Petrochemical Kala Company (Privet Stock)

General conditions and description of tender Public tender in two Parts with indent request no: KCS-8640653/B424
Where as petrochemical Kala company (private stock) with national code 10101917183 affiliated to the national petrochemical company (private stock) intends to obtaion the commodities which are the subject of this tender by holding public tender in two parts and selecting the qualified supplier, therefore with due observance of the rules and conditions included in the present document an its annexes, interested parties are invited to submit their priced bid at the due time (clause 1-5)

1-1 Subject of tender: It is the purchase of P/F BERTHOLD RADIO

ACTIVE LEVEL GAUGE

Required by the tendering body on the basis of Indent: KCS-8640653/B424and in accordance with the technical specifications and other documents attached here to which shall be considered as an integral part there to.

1-2 tendering body: petrochemical Kala company (private stock)

whose address is at: No 34, next to telecommunication Bldg, Beginning of Karim khane zand Blvd, Hafte-tir square. Tel. No. 84035000 1-3 supervising body: supervising of the good performance of subject tender is under taken by the manager of the foreign procurement dept of the tendering body, whose address is mentioned in (clause 1-2) above . Tel. No. 06522655515 Extension 123 and the supervisor resident at the delivery place shall be the person or persons introduced by the mentioned authority.

1-4 Place of submission of Bid: Tender section whose address is at:

third floor, No .34, next to the communication Bldg, beginning of Karim khane zand Blvd, Hafte-tir square, Tel.No.84035000, Extension 1013

Reminder: In case the priced envelopes are submitted either by

oversight or intentionally and for whatever reason to authorities other than the said authorities and authorities not concerned, the said bids shall be deemed as not submitted and the tendering body shall not be held responsible in any way in this respect.

1-5 Bids should be submitted latest by 12:00pm on Tuesday 01/02/2011 1-1-5 Bids submitted and or sent by mail after the above due time shall
not be given any affect and consideration by petrochemical Kala company.

2-1-5 Applicants for participation in tender must pay the amount of

150/000 RLS (In figures) to the current account no.306052527at Tejarat bank, Eco branch in the name of tendering body as expenses for purchase of tender documents and participation in tender, and submit the receipt of payment at the time of submitting the Bids to the transactions committee (mentioned in clause 1-4) It is understood that said sum is not reimbursable ever in case of the cancellation or calling off of the present tender.

1-6 Participants in tender contact directly the supervisory body

(mentioned in clause 1-3) for answer to possible questions (in accordance with technical-executive matters) and or for further information about the conditions for performance of the work with in one week after receipt of the present documents (Except on Thursdays and public holidays). 1-7 Tendering body shall be at liberty to accept or reject each one of the Bids. 1-8 The cost for publishing the invitation to present tender in widely circulating publications (two times) shall be borne by the winner of the tender. It is understood that after announcement of the winner of the tender by the transactions committee; the said costs shall be determined and advised to the winner of the tender by the concerned dept for claim of the same. 1-9 Other rules and condition of the tender are exactly identical to and in accordance with the English text annexed to the present documents and shall be the ground for the work. 1-10 Received offers shall be revised by the Transaction committee and the results shall be advised with in a maximum of 60 days form the date of dispatch of the bids to the Transactions Committee. "Read and accepted" Name of Bidder Address and telephone No. . Authorized and binding signature and seal of the bidder (with mention of the capacity) Date . Economic code . Registration No. or trade permits No. Id national code (Iranian representative)

NATIONAL PETROCHEMICAL CO

PETROCHEMICAL KALA CO. T.D for SPARE PAART & MACH

TENDER DOCUMENT
FOR SUPPLY AND DELIVERY OF
PARTS FOR "BERTHOLD" RADIOACTIVE LEVEL GAUGE

KCS-8640653-00/424-STPC
BY PETROCHEMICAL KALA COMPANY

Note to Bidders:

" So as, to providing offer, please pay attention to all of points of tender document, especially items No.1-1, 1-2"

PURCHASER: Petrochemical Kala Company

NO.34- Fifth Floor, Build No. 8th Petrochemical, Karimkhan Zand Blvd., Hafte tir Sq.

Tehran- Iran Tel: 0098(21) 84035020/1/2/3/4 Fax: 0098(21)88828984 E-Mail:

fprocurement@pkc-ir.com

Rev. 04: DTD: 04.10.2009

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PETROCHEMICAL KALA CO.

"In the Name of God"

Indent Number: KCS-8640653-00/424-STPC

Date: Retender 1 Retender 2 Retender 3 This Tender document Issued by Petrochemical Kala Company herein after called the Buyer or Purchaser. Please proceed with the supply of the following items in accordance with the terms and conditions of this document.

GENERAL CONDITION FOR ATTENDING IN GENERAL TENDER: 1- Participates in tender should deliver their offers in two different and sealed envelopes (envelope A & envelope B) according to followings: 1-1- GENERAL CONDITION FOR SUBMISSION TECHNICAL & PRICED OFFERS :
1- You are kindly requested to submit 2 unpriced offers and 1 priced offer in sealed Envelope separately. 2- Your Technical & Commercial offers must be in English language should include the following information :

If you dont mention the commercial terms in your technical offer, we preserve our right not to consider your offers. Meanwhile, please be informed that providing FOB or FCA in your commercial offer is obligatory.

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2.1. FOB OR FCA price

nearest port 2.2. Earliest delivery time 2.3. Terms of payment

2.6. Country of origin & name of the

manufacturer 2.7. Customs tariff No. 2.8. Loading, unloading port and method of dispatch 2.9. Validity of offer should be at least 3 months 2.10. Guarantee period (If Applicable)

2.4. Estimated net and gross

weight

2.5. Estimated volume and

mode of packing

3- Items specifications: Should be in accordance with original inq. (item No. , MESC No. , part No. & for each Requested item). 4- Deviations from our requisition (if any) should be clarified in quotation . 5- Spare Parts : ( applicable for machinery and main equipment only ) Vendor should submit itemized priced quotation for required spare parts for 2 YEARS normal operation . The quotation for spare parts will be included along with the quotation for main equipment .

1-2 - SPECIAL CONDITION(if any): - The manufacture's country should be Japan, USA or Western European Countries. 1-3- Technical offer Envelope A contains technical offer according to required document which is explained in item No. 1-1 & 1-2 and based on the attached Indent & technical specification (Attachment no.1). 1-4- Priced offer Envelope B contains Priced offer according to required document which is explained in item No. 1-1 & 1-2.(Please note that we are able to accept all foreign currency except USD , although we prefer to receive your offer based on EURO currency. All Prices are fixed and firm and not subject to escalation and are inclusive of: (a) Quantities of the Goods and Break Down of Prices ( Price Break Down and Quantities.). (b) All taxes and duties excepting those applicable in the Islamic Republic of Iran. (c) The Grand Total of this , is inclusive of suitable packing and delivery as Stated herein. Supplier as Exporter of the Goods in this Purchase Order is responsible for undertaking all required export customs formalities and obtaining all necessary permits for shipment of the Goods to Iran. Evidence of Export will be provided by the Nominated freight forwarder detailed herein.
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(d) Participants should deliver all 2 sealed envelopes ( A , B) to tenders Committee department to the following address: Petrochemical KALA Company
NO.34- Firth Floor, Build No. 8th Petrochemical, Karimkhan Zand Blvd., Hafte tir Sq.

Tehran- Iran Tel : 0098(21) 84035020/1/2/3/4 Fax: 0098(21)88828984 2- DELIVERY INSTRUCTION 1Delivery Term: FOB & FCA nearest Prot (INCOTERMS 2000) 2Delivery Schedule: Earliest delivery time after receipt of Purchase Order.

3Penalty for late Delivery: 1% per Month based on delayed part or Per Mounts maximum 10% total price of Purchase order. 4Export Packing: Suitable for Sea Freight and as per requirement stated in Tender. Any direct costs incurred due to damage during shipment caused by improper packing shall be borne by the Supplier. 5Shipment shall be performed only after issuance of the corresponding release note by the Purchaser's inspector which shall be issued within 15 Days of the notification of the readiness for inspection being issued by the Supplier. 3- GUARANTEE 3.1) The Goods will be stored indoor at STPC facilities in for a maximum period of 12 months after the actual Delivery of Goods, in their original Packing and according to the special requirements (if any) . Please refer to .Climatic Conditions as per Attachment No.4. In case, despite the careful transportation and storage, any changes occur in the characteristics of the product, then the Supplier should substitute at his care and cost the equal amount of the Good which has changed. 3.2) If Supplier hold ISO 14000 or ISO 9000 certificates for its Goods, it hall submit a copy of the same along with its Technical Proposal. 3.3) Supplier shall guarantee the Goods against defective material, design and workmanship. Goods containing defects originating with the Supplier's materials or workmanship or not in compliance with the requirements of Purchase Order shall be considered as rejected. The Supplier undertakes at its expense and at the Purchaser option to either:

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i) Remove, remedy or replace the defective part the correct part within a reasonable time after notification or ii) Refund the cost of the Goods or material thereof, which fails or is defective. The Supplier from the date of its re-delivery shall similarly guarantee all such remedied or replaced Goods after replacement or remedy. 3.4) Guarantee Period : Supplier shall guarantee the Goods for a period Of 12 Months from the date on which Goods shall be delivered and tested successfully). 3.5) Maximum Liability of the Supplier shall be up to hundred percent of the P/O value (in case of order). 4- INSPECTION: Purchaser, or third party assigned by the purchaser, may, at any time, inspect the goods and materials thereon and make such test as are prescribed in the Purchase Order and the documents attached therein before delivery, all as detailed in documents of the Goods attached hereto or already in the Suppliers' possession. Supplier shall afford the Purchaser's representatives every facility for such purposes including at any of its sub-contractors works at no additional cost to the Purchaser. Abortive inspection visits, including but not limited to defective workmanship, non-availability of documents or personnel shall be for the Suppliers' account. Notice for inspection shall be given by Tele fax 14 days in advance of the readiness of the Goods or part there of to be inspected. Neither inspection nor failure by the Buyer to inspect the Goods shall relieve Seller in any way of its responsibility or liability with respect to such parts or imply acceptance thereof by Buyer. Inspection fees will be paid by Purchaser. Additional cost to the Buyer abortive inspection visits including but not limited to defective workmanship, non availability of documents or personal shall be for the Seller's account 5- MARKING AND PACKING INSTRUCTION: 5.1 Packing and Marking of Goods shall be in accordance with all documents attached hereunder including as per Attachment Nos.03 & 04 (For Chemical material ) 5.2 Packing: The Goods should be palletized on single trip wooden pallets, covered with paper (for bags) and plastic for moisture protection. The top of pallets should be covered with a wooden cover strapped with metal straps. Due to some limitations in our warehouse the dimensions of the pallets should be considered (94 cm height x 125 cm width x 125 cm length). Packaging would be suitable for sea transportation on shrink-wrapped pallets, in 40ft and
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20ftcontainers. The Goods will be stored at Mobin's Site for a period of 10 Months after the actual Delivery of Goods, so the Climatic Conditions of the Site should be considered. Note 1 : Supplier is responsible for ensuring that all documents are correctly marked in accordance with the terms of this tender document. Note 2 : Packing Information for Spare Part & Machinery :
All items should be packed separately and labeled by: 9.1 - Indent No. ( as per requisition ) ( as per requisition ) 9.2 - MESC No. 9.3 - Item No. ( as per requisition ) 9.4 - Part No. 9.5 - Quantity of each package.

6- LIST OF ATTACHMENTS: The following documents are the attachments to this document and considered to be integral part of this tender document.
Item Documents Description Indent & Technical Specification/Material Requisition List of Technical shipping Documents Marking Notation Babar Imam Climatic Conditions Document Reference
REV.

01 02 03 04

7- PERFORMANCE BOND GUARANTEE As a preconditions for having been the Letter of Credit (L/C) and/or Payment Instruction (LOI) operative, a Performance Bond Guarantee for of P.O value shall be submitted by Supplier issued by First Class European Bank in format acceptable to Purchaser and shall be valid for the Guarantee Period and extendable by Purchaser, if needed. 8- GENERAL In case words like "Purchaser", "Buyer", etc. appears in the attached documents same shall mean " Petrochemical Kala Company (PKC) "similarly, words like "Seller", "Bidder", "Fabricator" etc shall mean " the supplier". 9- ADVANCE PAYMENT: Advance payment shall be paid to supplier, maximum 25% of total amount of order against bank guarantee
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10- PAYMENT TERMS In case of order ,all payments under P/O shall implemented via Purchasers either of Paying Agents ( The Intra Chem Trading Co. a company duly established and existing under the laws of Germany its legal office being located at Hamburg. Germany , abbreviated as . ICT or Petrochemical Commercial Company UK a company duly established and existing under the laws of United Kingdom its legal office being located at London ,England abbreviated as PCC UK) through opening at sight and an irrevocable Letter of Credit (L/C) or Letter of Irrevocable Payment Instruction (LOI ) to be opened by Purchaser in Suppliers favor., OR, Based on Mutual contracts . The Uniform Customs and Practice for Documentary Credits, 1993 revision, ICC publication N0. 500 shall apply to the L/C and LOI .

11- COMMERCIAL & SHIPPING DOCUMENTATION: In case of order Payments shall be made against the following Documentations: 1) Signed Commercial Invoice in one original and five copies made out to Petrochemical Kala Company, declaring that Goods have been exactly in accordance with the offer and the prices are current export market prices for the merchandise described therein, to be certified by Local Chamber of Commerce. The Invoices must state complete banking details i.e. name and address of the bank, sort code, swift code, etc. 2) Packing List In one original plus five copies stating Number of Packages Net and gross weight of each package and etc. 3) Certificate of Origin in one original plus five copies issued/certified by Local Chamber of Commerce evidencing the Goods originated in -----.. 4) A copy of Performa Invoice of the Supplier with related dated.. as already Approved by Purchaser. 5) Certificate of Compliance issued by Manufacturer and/or Supplier in one original plus five copies certifying the quality and quantity of the Goods supplied are in full compliance with the Purchase Order 6) Inspection Certificate issued not prior to B/L date by Third Party Inspector as appointed by Purchaser certify the quality and quantity of the loaded Goods including Packing there of. The Inspection fees will be paid by Purchaser. Please prepare technical shipping document as per attachment no.2.

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12-RIGHT OF REJECT The Purchaser can refuse to accept any supply delivered which is not in accordance with the specification as per this document and shall have the right to require the Supplier to correct or replace at his own cost. In case the Supplier fails to replace or correct the non-conformant or incorrect supply within a reasonable time, Supplier shall indemnify and compensate the Purchaser.

13-FORCE MAJEURE Any failure by Buyer or Seller to comply with the terms of this document attributable solely to force Majeure shall not be regarded as a failure to perform their obligations. For the purposes of this document force Majeure means act of god, war, invasion by foreign enemies, rebellion. revolution , insurrection or military usurped power, civil war, acts of government riot strike or fire .If one or the Parties be prevented from fulfilling their obligations by Force Majeure of more than six months, the parties shall consult with each other regarding the future implementation. 14- TERMINATION FOR DEFAULT Supplier's failure to comply with specifications, instructions, conditions and Purchase Order, or to deliver Goods in whole or in Part in accordance with Suppliers Deliver Schedule and /or any material breach of the P.O provisions shall be the ground for Purchaser to terminate Purchase Order, collecting the Performance Bond Guarantee and apply for any further damages as provided under the P.O or laws and regulations. 15- SPECIAL CONDITIONS: 1) Transshipment not allowed. 2) All Banking commissions and charges related to the L/C and/or Payment Instruction, including those to have L/C fully operative are for Purchaser's account. All other Banking charges, including L/C amendment and guarantee issuance, are for Supplier accounts. 3) Upon shipment and submission of documentation to the Bank for payment, Supplier is required to advise Purchaser accordingly by faxing one full set (1) of the accepted documents and dispatch a non-negotiable set by registered/first class mail. 4) All the document shall be marked with: Tariff No L/C Number: P/O.No.: POR
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Supplier Final Invoice No.. 5) Following information shall be submitted by Supplier to Purchaser not later than 10 days before each shipment. 1. Nature of Goods 2. Quantity and type of Packing 3. Origin and/or port of shipment 4. Destination and/or port of delivery 5. Over carrying vessel 6. B/L or A.W.B/L No.& Date 7. Date of departure 8. Invoice No. 9. Insured for 6) Signed Commercial Invoice must bear the clause: "This is to certify that this invoice is correct and true and the quoted prices are in accordance with the current market. We confirm that there is no other transaction between us and the purchaser in regard to this invoice." 7) Invoice must describe the Goods in general terms, under the heading of "Goods" 8) Purchaser reserves the right at any time to request changes in this Purchase Order, provided that such change is acceptable to Supplier. If such changes cause an increase or decrease in the P.O value, mutual adjustment shall be made. Any claim by Supplier for adjustment must be asserted in writing within 20 days from the date of receipt of change request. 9) It is forbidden to sublet, assign any part of or any rights under the Purchase Order. Purchaser reserves the right to cancel/terminate the Purchase Order without any payment whatsoever in the event of the Suppliers breach of this condition. 10) Supplier shall indemnify and defend Purchaser from third partys patent and or non patented claim, attachments, liens suit or action. 11) Supplier shall indemnify and save harmless the purchaser against any and all claims suits or judgment arising out of the use or sale of Goods or Services Supplied by Supplier. 12) Each Party shall retain in strict confidence and not use or disclose during and up to the end of Guarantee Period of Purchase Order, except such information which is at the time of disclosure in public domain or has become a part of public knowledge or was already in the possession of the Party to whom it

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was disclosed, or furnished to one the Parties by a third party without restriction to use. 16- LAW AND SETTLEMENT OF DISPUTES 1) This document shall be governed by and construed in accordance with Iranian Law. 2) All disputes arising out of or in connection with this document which cannot be settled amicably, shall with due consideration to the constitutional Law of I.R of Iran finally settled by a board of arbitrations consisting of 3 members , under the Rules of Arbitration of the International chamber of Commerce, Paris. The Arbitration shall be held in Geneva, Switzerland and the language of the arbitration shall be English.

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ATTACHMENT NO.1 INDENT & TECHNICAL SPECIFICATIONS/MATERIAL RIQUISITION

Item Unit Qty. Description ---- ---- ------ -----------------------------------------------------------------------PARTS FOR "BERTHOLD" RADIOACTIV LEVEL GAUGE SERIES LB440 REF. BERTHOLD GERMANY

01

NO

DETECTOR , LB4401-03-OR-GD-E 50/50 , OLD P/NO . 32706

40413-03

02

NO

ROD DETECTOR , LB4405-16-OX-GD-E, 40425-16 OLD PNO. 32736-16 LEVEL EVALUATION UNIT , LB440-03 40441-03 OLD P/NO.32814-04

03

NO

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ATTACHMENT NO.2
TECHNICAL SHIPPING DOCUMENTS

Technical Documents: Along with the Shipping Documents the Supplier shall deliver to the Purchaser following Documents: 1. Two copies of analysis certificate of Goods. 2. Two copies of analytical methods of Goods characteristics. 3. Two copies of safety data sheet. 4. Two copies of particular requirements relevant to transportation, handling and storage conditions. Additionally, one copy set of above Documents shall be included in the Packing.

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ATTACHMENT NO.4 BANDAR IMAM CLIMATIC CONDITION

1.1 TEMPERATURE, HUMIDITY AND RAINFALL (1) DRY BULB TEMPERATURE - PROCESS DESIGN C : MAX.48 , MIN. 0 - MECHANICAL DESIGN C : MAX. 55 , MIN. 5 - ELECTRICAL DESIGN C : MAX.52 (SHADE TEMPERATURE) (2) WET BULB TEMPERATURE C : 31 PROCESS DESIGN (3) RELATIVE HUMIDITY, DESIGN : 30 AT 48C (4) DESIGN RAINFALL : 30mm/HR , 65 mm/24 HRS

1.2 BAROMETRIC PRESSURE

:744 775 mmHG

1.3 WIND (1) WIND PREVAILING DIRECTION : N.W-N .N.W AND S.S.W-S (2) MAXIMUM WIND VELOCITY M/SEC : 36 (3) WIND VELOCITY, DESIGN M/SEC : 45 (AT 16M HEIGHT) (4) SHAPE FACTOR : REFER TO BUILDING STANDARDS LAW (JAPAN) (ESSO 021)

1.4 SEISMIC FACTOR CALCULATION OF EARTHQUAKE SHALL BE ACCORDING TO ARCHITECTURAL INSTITUTE OF JAPAN STANDARD, AND THE SEISMIC COEFFICIENT SHALL BE 0.1G.
1.5 OTHER (1) WINTERIZING (2) THUNDER AND LIGHTING (3) SAND STORM : NOT TO BE CONSIDERED : TO BE CONSIDERED : TO BE CONSIDERED (E.G. FOR COOLING TOWER, CONTROL VALVE AND COMPRESSOR, AIR INTAKE FILTER, ETC.) : TO BE CONSIDERED (EG. FOR ELECTRICAL AND INSTRUMENT EQUIPMENT, AND PAINTING, ETC) : NOT TO BE CONSIDERED

(4) SEA BREEZE

(5) SNOW FALL

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