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General Purchase Conditions Guide

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0% found this document useful (0 votes)
22 views27 pages

General Purchase Conditions Guide

Uploaded by

Tyler Walker
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

G P C D

T N H
S P C

INDEX

DEFINITIONS
REFERENCE FOR DOCUMENTATION
RIGHT OF OWNER TO ACCEPT OR REJECT TENDER
LANGUAGE OF BID
PRICE
TAXES AND DUTIES
INSPECTION
SHIPPING
INDIAN AGENT COMMISSION
ORDER AWARD EVALUATION CRITERIA
CONFIRMATION OF ORDER
PAYMENT TERMS
GUARANTEE WARRANTY
PERFORMANCE BANK GUARANTEE
PACKING MARKING
DELIVERY
UNLOADING AND STACKING
TRANSIT INSURANCE
VALIDITY OF OFFER
DELIVERY DATES AND PRICE REDUCTION SCHEDULE
RISK PURCHASE CLAUSE
FORCE MAJEURE CLAUSE
ARBITRATION CLAUSE
INTEGRITY PACT IP
RECOVERY OF SUMS DUE
CONFIDENTIALITY OF TECHNICAL INFORMATION
PATENTS ROYALTIES
LIABILITY CLAUSE
LIMITATION OF LIABILITY FOR GOODS PROCUREMENT
COMPLIANCE OF REGULATIONS
REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT
NON WAIVER
NEW UNUSED MATERIAL
PURCHASE PREFERENCE CLAUSE
CANCELLATION
ANTI COMPETITIVE AGREEMENTS ABUSE OF DOMINANT POSITION
ASSIGNMENT
GOVERNING LAW
AMENDMENT
NOTICES
POLICY ON HOLIDAY LISTING
ORDER OF PRECEDENCE FOR PURCHASES
TERMINATION FOR CONVENIENCE
BUILDING AND OTHER CONSTRUCTION WORKERS CESS
GENERAL PURCHASE CONDITIONS

DEFINITIONS
T

OWNER O B P C L G I
C I B B C R
B E M BPCL

VENDOR V C C R
RFQ

INSPECTOR P BPCL

GOODS MATERIALS

SITE LOCATION S BHARAT PETROLEUM CORPORATION LIMITED


I RFQ

RATE CONTRACT O V
R C
T
O

REFERENCE FOR DOCUMENTATION

T C R Q CRFQ
R C P O

A C P O T R C P O

I L

RIGHT OF OWNER TO ACCEPT OR REJECT TENDER


T O

LANGUAGE
T B V
O E I
E E
C C I
I
PRICE
U RFQ
F

TAXES AND DUTIES


A GST S
GSTIN

GST

GST BPCL
V GST
A GST

I GST I GST
V S I GST
I
GST

O I T C GST GST
GST C

V GST

T GSTIN BPCL GST


GSTR R
GST
OWNER A
OWNER GST
VENDOR OWNER
OWNER
OWNER
VENDOR VENDOR
VENDOR OWNER
A
OWNER
VENDOR
VENDOR A
VENDOR A GST
VENDOR OWNER

FREIGHT

F F T F
M
NEW STATUTORY LEVIES A
BPCL

VARIATION IN TAXES DUTIES A


BPCL A

INCOME TAX WITHHOLDING TAX I N R V


D T A A I
G V N R V
T R C B T T
R C

N V
S I C
N
C
A

G
R
P
A

T T R C G C

INSPECTION

M BPCL
H

S I RFQ S P C
M TPIA NABCB
ISO IEC T A QCI NABCB
I G T

U
T E P O

BPCL I
BPCL BPCL V

E V
M
C
D
T
BPCL M
C T V
BPCL BPCL I
V
M

A I
M M
BPCL V
C

SHIPPING

SEA SHIPMENT A
T F S V O F A
C
A

T B P C L

A B L

T
T

SHIPPING DOCUMENTS A B L
E

T FOB I
P

A V

I FOB C W M
S T N D T
S P C S
N

S V N

C B P C L
I USA E L A A
US S I
I S M W

AIRSHIPMENT I A
T BHARAT PETROLEUM CORPORATION
LIMITED

TRANSMISSION OF SHIPPING DOCUMENTS S A F


S
B L A

V A F S

I BPCL
B

D BPCL
B L A B
I
P L
F M
C O C
T
D
C
I T P

INDIAN AGENT COMMISSION


A I I
V I I
I D G S D
G I DGS D N
D

ORDER AWARD EVALUATION CRITERIA


U O L
B P P F C GST F I C
S I C I
C

CONFIRMATION OF ORDER
T T
BPCL

PAYMENT TERMS
U
S P B G PBG
PBG
I O
T T TT B C CAD I L
C

U A
PO PO
P O

I
GST
T L R
P
T P I C M R N

M T C C
D C M
G W C
O R
P B G

GUARANTEE WARRANTY

W
T
I
D L P DLP DLP
DLP H
DLP

A
I
BPCL

I
F M
F P A BPCL

T V

PERFORMANCE BANK GUARANTEES

V P B G
T
I
I P B G
R PBG A I
I PBG V PBG

I S P B G A I

B I C
F C I
C I
I
F C I

H I
R B I

I V PBG C PBG PBG


PBG

V PBG R C I D S D R C R C P
R C C D P C G
C

P B G PBG SFMS S F M S

V B SFMS B G V
BPCL B A N IFSC C D B
B G BPCL I B B G
SFMS BPCL B B G
BPCL

N B S B I
B CAG B M
A N
IFSC C SBIN

SFMS BG BG

PACKING MARKING

PACKING

I T

R S
I S P M ISPM
I P P C F A
O M
T C O I P

T
JRA G T P I A

F M
HANDLE WITH CARE GLASS FRAGILE DON T ROLL THIS END UP THIS
END DOWN

C
H C J

T
G A G I

A
I S

I S

E
E
S
A

A
A
A

I
W

P
U NB
A NB NB
A NB

P I

D
O

A C G
ATTENTION SPECIAL LOAD
HANDLE WITH CARE E H L

A
I

MARKING T

P O N
C N A
V N
B
P
D
E D

IMPORTED ITEMS O
V

BHARAT PETROLEUM CORPORATION LIMITED


W S P C

T B P C L
W S P C

O N R N
I
E N
N K
G K
C N T
D
I L N

NOTE
M F

T T H H E

W
H

DELIVERY

U V
P

T
O
G

U M
R O M A C I

BPCL
M A V
V BPCL

UNLOADING AND STACKING


U BPCL T V BPCL
BPCL

TRANSIT INSURANCE
U
T I BPCL M P P
BPCL

I O
H V
C

T V BPCL
BPCL A
V V

I F S
B P C L
S P C
FOB

VALIDITY OF OFFER
T D
S P C

DELIVERY DATES AND PRICE REDUCTION SCHEDULE

T D M C
P M D

I V M
D V BPCL
V
BPCL

T T V
BPCL

LR
D
FOR

I L C
LC LC B
LC

I C

F BL H
I FOB
S FOB F B FCA
F C

RISK PURCHASE CLAUSE


BPCL
BPCL

FORCE MAJEURE

W W
W C
F
F M

N F M

C
F M F M
F M A P A P
C

R
I F M

P C
P

P F M

T C P W
F M

T C O

A C P
F M

A C F M
T

ARBITRATION CLAUSE
A A

T S A

T SCOPE
A R

T S R HQ

T E

T
S A

I
C P S E CPSE P T
CPSE G D O R
I T C E D
AMRCD DPE OM DPE GM FTS

T GST S S T VAT
INTEGRITY PACT IP
V IP T
V IP B D

RECOVERY OF SUMS DUE


W

BPCL

CONFIDENTIALITY OF TECHNICAL INFORMATION


D BPCL V
T V
BPCL T V
V
P O
CONFIDENTIAL T
BPCL BPCL I
V

PATENTS ROYALTIES
T BPCL

I
BPCL
BPCL

LIABILITY CLAUSE
I V

W
C L G R O
I

LIMITATION OF LIABILITY FOR GOODS PROCUREMENT

T C O C
C P C C
I A L
I
C C

I C
C

I I P

F
C C W

N P P

COMPLIANCE OF REGULATIONS
V M

REJECTION REMOVAL OF REJECTED GOODS AND REPLACEMENT


I

T
I

T
T

NON WAIVER
F O P O
V

V O

BPCL A A
BPCL
BPCL

NEW UNUSED MATERIAL


A

PURCHASE PREFERENCE CLAUSE


O P S E C S
G P PSE
PSE L V

O M S E MSE MSE W
E MSE S C SC S ST
G P
MSE MSE MSE SC ST
MSE L V

B MSE

 S EM II U A M
P MSE
 V C
MSE

CANCELLATION

BPCL

U
BPCL

T BPCL

BPCL I BPCL
BPCL
BPCL T
BPCL

ANTI COMPETITIVE AGREEMENTS ABUSE OF DOMINANT POSITION


T C A C A A A
I
T A
M A
I BPCL
C C A P
I V
C C
C A

ASSIGNMENT
T V
BPCL

GOVERNING LAW
T G P C L I

AMENDMENT
A G P C

NOTICES
A P E
P
P

POLICY ON HOLIDAY LISTING


T H L BPCL
I

ORDER OF PRECEDENCE FOR PURCHASES

P O
D A
L A F A
J S
D
S P C SPC
T S
I B
G P C GPC
O D
A
A

TERMINATION FOR CONVENIENCE

T
T
T
F

BUILDING AND OTHER CONSTRUCTION WORKERS CESS

B B C W W A R CS A
C F A
T B
O C W W C A

T B
C W RE CS A

T B O C
W RE CS A B C W W C A
B C W RE CS R B C
W W C R

C
E C S B C W
W B S

T C
C
BPCL

VENDOR

P GPC
PERFORMANCE BANK GUARANTEE
O N

T
B P C L

D S
I B P C L C
M N C
T
C P N
G S P C C

R R

W N B
C
C
V C
C
C B G
R R

AND B C

T G
C

T G U
C
C

C
B

T C B
B

C
C

B C
C B
T G U

T B G U
B
A
T C
B
C

T C G
C C
B C
C C
G C

NAME DESIGNATION

NAME OF THE BANK

NOTES
GPC Modified Clause on GST (Clause -6)

6.1.4 The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST invoices
and returns, uploading invoice in GSTR 1, payment of the tax liability on the
said invoices and filing of Returns etc. and comply with all the requirements of
applicable laws including GST laws for the time being in force to enable the
OWNER to avail tax credit/s including input tax credit.

Deferment of GST Amounts shall be done for those vendors who have got
instances of open mismatches due to non-compliance. Open mismatches refer
to cases whereby OWNER could not claim the GST Input Tax Credit in the month
of payment of invoice due to non-compliance/ delayed compliance by the
VENDOR. Accordingly, Over and above any payment term mentioned in the
tender including that mentioned in the GPC/GCC, payment to VENDOR by
OWNER for the basic amount (i.e. amount excluding GST) shall be made as
mentioned in GPC/GCC or as mentioned anywhere else in the tender as
applicable. However, GST amount of the Invoices shall be paid only after the
amount gets reflected in the return (GSTR-1 Return of outward supplies/GSTR-
3B) submitted by the vendor on GSTIN portal (GSTR 2B of OWNER) to the
satisfaction of OWNER. Till such time GST amount with correct details is
reflected in GSTIN portal to satisfaction of OWNER, amount shall be withheld
by OWNER.

Over and above, VENDOR is also required to issue e-invoice if the same is
applicable to the OWNER. In absence of GST e-invoice, any loss of Input Tax
Credit to the OWNER shall be indemnified by the VENDOR.

Deferment of GST amounts to the vendors are subject to compliance of any


applicable Act.

6.1.5 In case of vendors for whom deferment of GST amounts were not done, Any
loss or non-availability of input tax credit by the OWNER due to non-
compliance of applicable tax law including but not limited to GST laws in force
or otherwise, on the part of VENDOR, an amount equivalent to any tax
liability accruing to the OWNER and/or to the extent of any loss accrued to
the OWNER due to the non-availability of input tax credit or any liability
accrued to the OWNER shall either stand cancelled or deducted from the
payment due to the VENDOR or shall be reimbursed by the VENDOR as the
case may be till such default is either rectified or made good by the VENDOR
and the OWNER is satisfied that it is in a position to claim valid input tax
credit within the timelines as per applicable laws.

6.1.6 Any cost, liability, dues, penalty, fees, interest as the case may be which
accrues to the OWNER at any point of time on account of non-compliance of
applicable tax laws or rules or regulations thereof or otherwise due to default
on the part of VENDOR shall be borne by the VENDOR. An amount equivalent
to such cost, liability, dues, penalty, fees, and interest as the case may be
shall be reimbursed by the VENDOR within 30 days. Any GST as may be
applicable on such recovery of amount shall also be borne by VENDOR and
same shall be collected by the OWNER.
GPC Modified Clause on GST (Clause -6)

6.1.4 The vendor shall take steps viz. mention relevant GSTIN of BPCL in GST invoices
and returns, uploading invoice in GSTR 1, payment of the tax liability on the
said invoices and filing of Returns etc. and comply with all the requirements of
applicable laws including GST laws for the time being in force to enable the
OWNER to avail tax credit/s including input tax credit.

Deferment of GST Amounts shall be done for those vendors who have got
instances of open mismatches due to non-compliance. Open mismatches refer
to cases whereby OWNER could not claim the GST Input Tax Credit in the month
of payment of invoice due to non-compliance/ delayed compliance by the
VENDOR. Accordingly, Over and above any payment term mentioned in the
tender including that mentioned in the GPC/GCC, payment to VENDOR by
OWNER for the basic amount (i.e. amount excluding GST) shall be made as
mentioned in GPC/GCC or as mentioned anywhere else in the tender as
applicable. However, GST amount of the Invoices shall be paid only after the
amount gets reflected in the return (GSTR-1 Return of outward supplies/GSTR-
3B) submitted by the vendor on GSTIN portal (GSTR 2B of OWNER) to the
satisfaction of OWNER. Till such time GST amount with correct details is
reflected in GSTIN portal to satisfaction of OWNER, amount shall be withheld
by OWNER.

Over and above, VENDOR is also required to issue e-invoice if the same is
applicable to the OWNER. In absence of GST e-invoice, any loss of Input Tax
Credit to the OWNER shall be indemnified by the VENDOR.

Deferment of GST amounts to the vendors are subject to compliance of any


applicable Act.

6.1.5 In case of vendors for whom deferment of GST amounts were not done, Any
loss or non-availability of input tax credit by the OWNER due to non-
compliance of applicable tax law including but not limited to GST laws in force
or otherwise, on the part of VENDOR, an amount equivalent to any tax
liability accruing to the OWNER and/or to the extent of any loss accrued to
the OWNER due to the non-availability of input tax credit or any liability
accrued to the OWNER shall either stand cancelled or deducted from the
payment due to the VENDOR or shall be reimbursed by the VENDOR as the
case may be till such default is either rectified or made good by the VENDOR
and the OWNER is satisfied that it is in a position to claim valid input tax
credit within the timelines as per applicable laws.

6.1.6 Any cost, liability, dues, penalty, fees, interest as the case may be which
accrues to the OWNER at any point of time on account of non-compliance of
applicable tax laws or rules or regulations thereof or otherwise due to default
on the part of VENDOR shall be borne by the VENDOR. An amount equivalent
to such cost, liability, dues, penalty, fees, and interest as the case may be
shall be reimbursed by the VENDOR within 30 days. Any GST as may be
applicable on such recovery of amount shall also be borne by VENDOR and
same shall be collected by the OWNER.
Amendment to clause 14.3 of GPC

EXISTING CLAUSE MODIFIED CLAUSE

Vendors shall insist their Bank on issuance of Vendors shall insist their Bank for issuance of SFMS
SFMS Bank Guarantee for faster payments. Bank Guarantee for faster payments. Vendors shall
provide BPCL’s Bank account No
Vendors shall provide BPCL’s Bank account & IFSC Code (Details given below) to their Bank as
number and IFSC code (Details given below) beneficiary at the time of application for Bank
to their Bank as beneficiary at the time of Guarantee in favour of BPCL.I SSUING Bank shall
application for Bank Guarantee in favour of issue the Bank Guarantee & send SFMS message to
BPCL. Issuing bank shall issue the Bank BPCL’s Bank confirming the authenticity of Bank
Guarantee & send SFMS message to BPCL’s Guarantee who in turn shall send the confirmation
Bank confirming the authenticity of Bank to BPCL. Vendor should ensure the following for
Guarantee who in turn shall send the issue of E-bank guarantee
confirmation to BPCL.
a. The issuing bank is on SFMS platform
Name of Bank : State Bank of India b. SFMS Message type used is 760 COV and
Branch : CAG Branch, Mumbai SFMS Delivery Report/ Message copy is
Account No : 11083980831 sent along with original BG
IFSC Code : SBIN0009995 c. For BG amendment, Message type 767COV
SFMS BG Will help in faster verification of BGs is to be used.
and prompt release of payments to vendors.” d. SFMS Contains following details:

1.Beneficiary’s Bank name: ICICI Bank


2.IFSC Code: ICIC0000393
3.BPCL’s Customer ID: BPCL583493800

e. BG Issuing Bank should send the BG


issuance advice through SFMS to BPCL’s
designated Banker: ICICI Bank, Back bay
Branch, Mumbai (IFSC:ICIC0000393)
f. BG Issuance advice should mention
applicable unique identifier code (UIC) in
row/filed number 7037 of SFMS Delivery
Report.
1.BPCL Location : Kharghar, Navi Mumbai
2. Head Office : Ballard Estate
3. UIC : BPCL583493800

g. The Original BG Should be submitted along


with print out of SFMS Delivery report from
the BG Issuing Bank Branch.
h. SFMS BG Will help in faster verification of
BGs and prompt release of payments to
vendors.
Amendment to clause 41 of GPC

EXISTING CLAUSE MODIFIED CLAUSE

The guidelines and procedures for holiday The guidelines and procedures for holiday listing is
listing are available separately in BPCL website attached and shall be applicable in the context of
and shall be applicable in the context of all all tenders floated and consequently all
tenders floated and consequently all orders/contracts/purchase orders.
orders/contracts/purchase orders. It can be
accessed using the following link……
Amendment to Clause no.29 of GPC – Limitation of Liability for Goods
Procurement

“The aggregate total liability of the contractor to owner under the contract shall not
exceed the total contract price, except that this clause shall not limit the liability of the
contractor for following:
a. In the event of breach of any Applicable Law, liability of the vendor shall be limited
to the cost incurred / to be incurred by BPCL towards payment of any penalty / fee
/ interest / professional charges etc or
b. In the event of fraud, wilful misconduct or illegal or unlawful acts, or gross
negligence of the contractor or any person acting on behalf of the contractor or
c. In the event of any claim or loss or damage arising out of infringement of
Intellectual Property, maximum liability shall be restricted to the actual cost of
defense and any claim arising out of infringement of Intellectual Property.

Neither Party shall be liable to the other Party for any kind of indirect or consequential
loss or damage, loss of use, loss of profit, loss of production or business interruption
which is connected with any claim arising under the Contract”.

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