Term
Contract Clause
A Single PO is to be placed for Turnkey EPC of Solar Project on HELIOS SOLAR.
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The price quoted in this Proposal is inclusive of design, manufacturing, sourcing, testing, supply, installation & commissioning, as per the bill of materials & ratings submitted by HELIOS Solar along with the final offer. Any change in scope of work or addition to the bill of materials and/or ratings or any variation, whatsoever, shall be charged extra to Customer.
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The price quoted is CIF-site and is firm.
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The basic price is exclusive O&M Charges (AMC/CMC charges)
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Any statutory variation in taxes and duties from the date of submission of this proposal including change of rates for Solar PV System and/or its parts/ components/ equipment’s under GST, imposition of Antidumping Duty (ADD) and/or Safeguard Duty (SDD) and/or countervailing duty on imported modules and cells by the Government of India would be applicable to the client’s account and shall be payable by the client at actuals
The foreign exchange rate is considered as 1 US$ = INR 87.28 and any changes in foreign exchange rate shall be passed through and payable by the Customer. Foreign exchange rate shall be considered on the date of order placement and payment of advance.
The price quoted by HELIOS SOLAR along with this Proposal is valid for thirty (30) days from such communication to Customer and thereafter the same shall be subject to reconfirmation by Power Rays.
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Advance Amount of 10% of the Total Contract Value to be paid by Customer along with the Purchase Order.
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80% of the Total Contract Value to be paid by Customer before Dispatch ofmaterials.
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10% of the Total Contract Value to be paid on commissioning.
HELIOS SOLAR at its sole discretion shall have the liberty to raise invoices from any location in India. All the applicable taxes shall be payable by the Customer at actual.
Any items not mentioned in the bill of material shall be charged extra and will be to customer’s account.
The Customer shall ensure the accuracy of all information and/or data to be supplied by the Customer and shall be responsible for acquiring and providing legal and physical possession of the Site and access thereto, for preparation and maintenance of proper access roads to, and provide the right of way for, the site, and for providing possession of and access to all other areas reasonably required for the proper execution of the construction work, including all requisite rights of way. Customer shall ensure handing over valid road permits (multiple numbers depending on number of truck loads) to HELIOS Solar at least five (5) working days prior to dispatch of any supplies.
The Customer must not interrupt the works, and/or shall abstain from any act or omission of which it can reasonably be expected that it may delay the works or make the works more difficult and or expensive for Power Rays.
HELIOS SOLAR shall complete the project in Fifteen (15) weeks from NTP (I.e. Notice to Proceed- Date of PO placement, Advance Payment, Order Acceptance by HELIOS and Successful Site Handover, whichever is later), or as mutually agreed between the parties in the Agreement. Project shall be deemed to have been handed over to Customer by HELIOS SOLAR, on commissioning of the solar power plant
The Project shall be termed as commissioned when HELIOS SOLAR evacuates the power generated to Customer grid. However, in case where HELIOS SOLAR has completed its duties as per the scope of duties mentioned in the Purchase Order, and the Project cannot be commissioned due to any act/inaction on the part of Customer, or due to unavailability of Customer grid, then the Project shall be deemed to be commissioned and HELIOS SOLAR shall be deemed to have completed its part of obligations under the Purchase Order
The solar power plant carries a FIVE (5) years’ warranty against any manufacturing defects, as per existing warranty policy of HELIOS Solar. Solar photovoltaic modules carry a performance warranty against excess of 20% degradation in TWENTY-FIVE (25) years as per existing warranty policy of the manufacturer.
On delivery of supplies to Customer’s site in good condition, Customer shall be responsible for safety & security of the materials till handing over of the same to HELIOS SOLAR designated personnel for installation. In case there are public disturbances at site which are not exclusively attributable to HELIOS SOLAR, Customer shall resolve the same at its own risk & cost, for smooth execution of the project by HELIOS Solar. In such case, Customer shall provide safety & security for the HELIOS SOLAR designated personnel working at site. Any delay in execution or damage of materials due to public disturbances at site shall be attributable to and compensated by Customer.
HELIOS SOLAR limits itself to providing structures for its module mounting on RCC roofs. Any changes in design which are attributable to Customer shall be charged extra. Customer shall allow roof penetration for Installation of module mounting clamps on Trapezoidal Sheet profile
Notwithstanding anything contained in this Proposal, its appendices, any offer, or order to the contrary, with respect to any and all claims arising out of the performance or nonperformance of obligations under this Proposal or resultant Agreement or purchase order(s), whether arising in contract, tort, warranty, strict liability or otherwise, total liability of HELIOS SOLAR shall not exceed beyond 5% of the total contract value received from Customer. Notwithstanding anything contained anywhere else in this Proposal, or in the resultant Agreement, or anywhere else, in present or in future, in no event shall HELIOS SOLAR be liable, whether in contract, tort or otherwise, to the Customer for special, indirect or consequential loss or damage (such as, not exclusively, loss of production, loss of reputation, loss of income, loss of profit, etc.).
It means the occurrence of any of the following events coming into effect after date of submission of Original Proposal/bid, resulting into any additional recurring / non- recurring expenditure by HELIOS Solar or any adverse implications on the assured income, due to such changes in law, to HELIOS SOLAR:
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The enactment, coming into effect, adoption, promulgation, amendment, modification or repeal (without re-enactment or consolidation) in India, of any Law, including rules and regulations framed pursuant to such Law; including the charges which may be levied from time to time as notified with prospective or retrospective effector
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Change in interpretation of any Law by competent court, tribunal or Indian Government Instrumentality provided that such interpretation is by a final authority for the relevant Law or
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The imposition of a requirement or change in requirement for obtaining any approvals covenant, license which was not required earlier for the Project / Power Station or its operation or
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In case of imported equipment / spares, any change in law or taxes occurring in India or in the jurisdiction from where the equipment / spares is / are being imported into India impacting HELIOS Solar or its suppliers or
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Any change in law or regulation pertaining to interconnect standards, harmonics, DC injection, etc.
Customer shall fully Indemnify and hold harmless HELIOS Solar and its affiliates, associates, directors and employees from and against, any and all losses, costs, damages, injuries, liabilities, claims and causes of action, including without limitation arising out of or resulting from claims by third parties, acts, omissions or breach of any of the Customer’s affiliates, suppliers, employees, agents or contractors in the performance of Customer’s obligations under this Proposal or any resultant Agreement or otherwise arising out of the solar power system or its usage.
For the offered supplies and services, HELIOS Solar shall cover insurance for marine, road and air, through appropriate erection all risk policy for all offered items till commissioning. On supply of the solar power plant, suitable asset insurance will have to be arranged by Customer at its own cost since the asset is in the name the customer
Force majeure shall mean any cause, existing or future, which is beyond the reasonable control of HELIOS Solar including, but not limited to, acts of God, storm, fire, floods, explosion, epidemics, quarantine, earthquake, strike, riot, lock out, embargo, interference by civil or military authorities, acts, regulations or orders of any governmental authority in their sovereign capacity, acts of war (declared or undeclared) including any acts of terrorism, and all other such acts of similar or analogous nature (where all such acts to be collectively referred to as “Force Majeure”). HELIOS Solar shall not be liable for the failure to perform any obligation in terms of this Proposal if and to such extent such failure is caused by a Force Majeure, provided that none of such acts of Force Majeure will relieve the Customer from meeting its payment obligations. Force majeure shall mean any cause, existing or future, which is beyond the reasonable control of HELIOS Solar including, but not limited to, acts of God, storm, fire, floods, explosion, epidemics, quarantine, earthquake, strike, riot, lock out, embargo, interference by civil or military authorities, acts, regulations or orders of any governmental authority in their sovereign capacity, acts of war (declared or undeclared) including any acts of terrorism, and all other such acts of similar or analogous nature (where all such acts to be collectively referred to as “Force Majeure”). HELIOS Solar shall not be liable for the failure to perform any obligation in terms of this Proposal if and to such extent such failure is caused by a Force Majeure, provided that none of such acts of Force Majeure will relieve the Customer from meeting its payment obligations. Upon such suspension, HELIOS Solar shall be entitled to be paid the following amounts:
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All the amounts payable for the works completed until the date of suspension;
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The cost of materials which have been delivered to Customer, or of which Contractor is liable to accept delivery;
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Any other cost or liability, including unamortized cost of materials, which in the circumstances was reasonably incurred by HELIOS Solar in the expectation of completion of the works;
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Demobilization costs of Contractor personnel and equipment; and
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All other costs incurred by HELIOS Solar on account of suspension of order on such other suppliers.
Purchase Order
Price
Ref. Foreign Exchange Rate
Offer Validity
Terms of Payment
Taxes, Duties and Rates
Inclusion of Excluded Items
Access and Permits
Interruption in Work
Delivery and Handover
Deemed Export of Power
Warranty
Security and Safety
Civil and Structural Work
Limitation of Liability
Change in Law
Indemnification
Insurance
Force Majeure
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+91-9902627799 / 9632959789​
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Ground, 14, 3rd Cross, Nethaji Nagara, Chokkasandra, Bengaluru Urban, Karnataka, 560057
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