Togo - Po Ashok

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Lucky Exports Corp. Office: B-15, Sector – 3, Noida – 201301 (U.P.) INDIA, TEL.: +91-120-251 8426 – 8430 Fax: +91-120-251 8423, E-Mail: [email protected], Website: www.luckygroupcompanies.net

REF. NO. : LE/TOGO/ASHOK/09-10/026 2009

DATE: 4 DEC,

M/S ASHOK LEYLAND LIMITED NO-1 SARDAR PATEL ROAD, GUINDY, CHENNAI – 600032, INDIA. PH: +91-44-22206000 FAX: +91-44-22206001 EMAIL: [email protected] WEBSITE: WWW.ASHOKLEYLAND.COM CONTACT PERSON: MR. HIMANSHU ARORA, MOBILE - 09500170216 DEAR SIR / MADAM, SUB.: PURCHASE ORDER FOR THE SUPPLY OF ASHOK LEYLAND 1618 TRUCK CHASSIS FOR FORMING OF SPIROS CESSPIT EMPTIER FOR THE REHABILITATION OF HOSPITALS AT VARIOUS SITES IN TOGO, WEST AFRICA. PLEASE REFER YOUR OFFER DATED 31/10/2009 AND DISCUSSION HELD FOR THE SUPPLY OF ASHOK LEYLAND 1618 TRUCK CHASSIS FOR THE REHABILITATION OF HOSPITALS in TOGO, WEST AFRICA. WE ARE PLEASED TO PLACE OUR PURCHASE ORDER ON YOU ON THE FOLLOWING TERMS AND CONDITIONS. THIS PURCHASE ORDER NO. LE/TOGO/ASHOK/09-10/026 DATED 4 DEC, 2009 ALONG WITH FOLLOWING ANNEXURES, WHICH ARE INTEGRAL PART OF THIS PURCHASE ORDER.

1.

1) 2) 1.

BILL OF QUANTITY AND PRICE SCHEDULE DISCLAIMER FOR EXPORT BENEFITS

PRICE & TOTAL VALUE TOTAL VALUE OF THE PRESENT PURCHASE ORDER IS INR 12,48,000.00 (RUPEES TWELVE LACS FORTY EIGHT THOUSAND ONLY) ON F.O.R. GHAZIABAD, U.P. AS PER ANNEXURE 1.

Regd. Office: UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India

Lucky Exports Corp. Office: B-15, Sector – 3, Noida – 201301 (U.P.) INDIA, TEL.: +91-120-251 8426 – 8430 Fax: +91-120-251 8423, E-Mail: [email protected], Website: www.luckygroupcompanies.net

THE PRICES OF THE GOODS INCLUDES MANUFACTURE, INSPECTION, LOAD TESTING, EXCISE CLEARANCE, SUPPLY OF EQUIPMENTS AND TOOL KITS ON F.O.R. GHAZIABAD, U.P. THE PRICES ARE FIRM AND CANNOT BE CHANGED DURING THE PERIOD OF EXECUTION. THE PRICES ARE ALSO INCLUSIVE OF VALUE OF GOODS, ANY OTHER EXPENSES TILL THE POINT OF DELIVERY AT F.O.R. GHAZIABAD, U.P. DELIVERY SCHEDULE

2.

THE CHASSIS IS TO BE DELIVERED AT M/S TPS INFRASTRUCTURE LIMITED (C-7, SOUTH SIDE OF G.T. ROAD, GHAZIABAD, U.P) WITH IN 4 WEEKS FROM THE ORDER. 3.

SPECIFICATIONS YOU HAVE TO SUPPLY THE CHASSIS AS PER THE SPECIFICATION MENTIONED IN YOUR OFFER DATED 31/10/2009. NO ACCEPTANCE OF EQUIPMENT INCASE OF ANY CHANGE/MODIFICATION IN SPECIFICATION.

4.

PAYMENT PAYMENT SHALL BE MADE TO YOU IN THE FOLLOWING MANNER: – WE WILL MAKE AN ADVANCE PAYMENT OF RS. 3,75,000.00 (RUPEES THREE LACS SEVENTY FIVE THOUSAND ONLY) TO YOU AFTER YOUR ACCEPTANCE OF THIS PURCHASE ORDER. –

1.

THE BALANCE PAYMENT OF RS. 8,73,000.00 (RUPEES EIGHT LACS SEVENTY THREE THOUSAND ONLY) WILL BE PAID AFTER THE INSPECTION CLEARANCE AND BEFORE DISPATCH FROM YOUR FACTORY. INSPECTION THE CHASSIS WILL BE SUBJECT TO INSPECTION BY OUR REPRESENTATIVE / BUYER’S REPRESENTATIVE OR BY THIRD PARTY INSPECTION AGENCY. YOU HAVE TO INFORM US 2 DAYS IN ADVANCE ABOUT READINESS OF GOODS.

Regd. Office: UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India

Lucky Exports Corp. Office: B-15, Sector – 3, Noida – 201301 (U.P.) INDIA, TEL.: +91-120-251 8426 – 8430 Fax: +91-120-251 8423, E-Mail: [email protected], Website: www.luckygroupcompanies.net

2.

WARRANTY AND INSTRUCTION MANUAL YOU WILL PROVIDE WARRANTY CERTIFICATE MANUFACTURING DEFECTS FOR 32000 K.M. OR OPERATION WHICHEVER IS EARLIER.

3.

AGAINST ANY 6 MONTHS OF

TAXES AND DUTIES SALES TAX : WE WILL PROVIDE YOU FORM - H AS SALES TAX EXEMPTION AFTER 3 MONTHS FROM THE DATE OF EXPORT OR 6 MONTHS FROM YOUR INVOICE. OTHERWISE WE WILL PAY THE TAX AMOUNT TO YOU. EXCISE DUTY

: YOU WILL SUPPLY THE CHASSIS WITHOUT PAYMENT OF EXCISE DUTIES. WE WILL SUBMIT THE PROOF OF EXPORT DOCUMENTS TO YOU WITHIN ONE MONTH OF DATE OF EXPORT OR 3 MONTHS FROM THE DATE OF REMOVAL OF CHASSIS FROM YOUR FACTORY.

DOCUMENTS REQUIRED FOR PAYMENT: YOU WILL SUBMIT THE FOLLOWING DOCUMENTS FOR CLAIMING THE FINAL PAYMENT:

4.

1

2

COMMERCIAL INVOICE ISSUED ON OUR DELHI ADDRESS (UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India) WARRANTY AND MANUFACTURERS QUALITY CERTIFICATE

1 ORIGINAL + 3 COPIES 1 ORIGINAL + 2 COPIES

5.

EXPORT BENEFITS ALL EXPORT BENEFITS INCLUDING TURNOVER, TAX, INCENTIVE, ETC WILL BE IN LUCKY EXPORTS ACCOUNT; YOU WILL NOT CLAIM ANY DUTY DRAWBACK, DEEC, DFRC, FMS ETC. A DISCLAIMER AS PER ANNEXURE 2 WILL BE REQUIRED FROM YOU AT THE TIME OF EACH DELIVERY STATING NON-CLAIMING OF ANY EXPORT BENEFITS.

6.

OTHER TERMS AND CONDITIONS: Regd. Office: UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India

Lucky Exports Corp. Office: B-15, Sector – 3, Noida – 201301 (U.P.) INDIA, TEL.: +91-120-251 8426 – 8430 Fax: +91-120-251 8423, E-Mail: [email protected], Website: www.luckygroupcompanies.net

ALL THE MATERIAL SHOULD BE ABLE TO USE UNDER THE CLIMATIC CONDITIONS OF 0-50 °C WITH RELATIVE HUMIDITY OF 90% ETC. ALL THE ELECTRICAL SYSTEMS MUST BE DESIGNED TO WORK AS PER THE ELECTRICAL SYSTEM APPLIED IN TOGO. YOU SHALL INDEMNIFY US AGAINST ALL THIRD PARTY CLAIMS OF INFRINGEMENT OF PATENT, TRADEMARKS OR INDUSTRIAL DESIGN RIGHTS ARISING FROM USE OF THE GOODS OR ANY PART THEREOF AND ALSO FOR EXPORT PURPOSES. AT NO TIME YOU WILL HAVE THE RIGHT TO APPROACH THE END USER OR THE OVERSEAS ULTIMATE CLIENT FOR DIRECT SALES OF GOODS, SERVICES RENDERED UNDER THE PRESENT TRANSACTION OR SIMILAR THERETO, YOU WILL NOT COMPETE WITH US FOR ANY CONTRACT FOR THE SUPPLY OF GOODS TO END USER. FAILING WHICH WE HAVE THE RIGHT TO APPROACH THE COURTS FOR APPROPRIATE INJUNCTIONS AND DAMAGES FOR THE LOSSES SUFFERED BY US. WE MAY AT ANY TIME BY A WRITTEN ORDER MAKE REASONABLE CHANGES WITHIN GENERAL SCOPE OF THE ORDER WITH RESPECT TO SPECIFICATIONS, PACKING, PLACE OF DELIVERY ETC. IF ANY SUCH CHANGES INCREASE OR DECREASE THE COST OR THE TIME REQUIRED, A SUITABLE ADJUSTMENT SHALL BE MADE IN THE ORDER. ALL DISPUTES PERTAINING TO THE SUPPLY OF GOODS AGAINST THIS PURCHASE ORDER ARE SUBJECT TO DELHI JURISDICTION ONLY. ALL DISPUTES, DIFFERENCES ARISING OUT OF OR IN RESPECT OF THE TRANSACTION WOULD BE SUBJECT TO ARBITRATION AS PER ARBITRATION AND CONCILIATION ACT 1996 AND OR ANY SUBSEQUENT AMENDMENT THERETO THE SEAT OF ARBITRATION WOULD BE DELHI ALONE. PLEASE SIGN AND STAMP THE DUPLICATE COPY OF THIS PURCHASE ORDER AND RETURN TO US AS TOKEN OF YOUR ACCEPTANCE. THANKING YOU YOURS FAITHFULLY, For LUCKY EXPORTS

Regd. Office: UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India

Lucky Exports Corp. Office: B-15, Sector – 3, Noida – 201301 (U.P.) INDIA, TEL.: +91-120-251 8426 – 8430 Fax: +91-120-251 8423, E-Mail: [email protected], Website: www.luckygroupcompanies.net

AASHISH OBEROI PARTNER ENCL.: ANNEXURE 1 TO ANNEXURE 2

Regd. Office: UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India

Lucky Exports Corp. Office: B-15, Sector – 3, Noida – 201301 (U.P.) INDIA, TEL.: +91-120-251 8426 – 8430 Fax: +91-120-251 8423, E-Mail: [email protected], Website: www.luckygroupcompanies.net

ANNEXURE 1 TO THE P.O. NO. LE/TOGO/ASHOK/09-10/026 DATED 4 DEC, 2009 BILL OF QUANTITY AND PRICE SCHEDULE

S. NO. 1.

DESCRIPTION ASHOK LEYLAND 1618 TRUCK CHASSIS

QT Y 1

UNIT PRICE IN INR

TOTAL PRICE IN INR

12,48,00 0.00

12,48,000. 00

TOTAL PURCHASE ORDER VALUE IN RUPEES ON F.O.R. GHAZIABAD, U.P. (RUPEES TWELVE LACS FORTY EIGHT THOUSAND ONLY)

12,48,000. 00

For LUCKY EXPORTS AASHISH OBEROI PARTNER

Regd. Office: UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India

Lucky Exports Corp. Office: B-15, Sector – 3, Noida – 201301 (U.P.) INDIA, TEL.: +91-120-251 8426 – 8430 Fax: +91-120-251 8423, E-Mail: [email protected], Website: www.luckygroupcompanies.net

ANNEXURE 2 TO THE P.O. NO. LE/TOGO/ASHOK/09-10/026 DATED 4 DEC, 2009 Date : SUB : DISCLAIMER CERTIFICATE REF : INVOICE NO.

DTD

We hereby confirm and declare that neither had we claimed nor we will claim any DBK/DEPB benefits in reference to 1618 truck chassis being exported through M/s. LUCKY EXPORTS to other countries. We further confirm that we have No Objection if, M/s. LUCKY EXPORTS is availing the DBK/DEPB on goods supplied by us for export thru’ above mentioned invoice no. For M/S ASHOK LEYLAND LIMITED

AUTHORISED SIGNATORY

Regd. Office: UG-28, Somdutt Chamber-II, 9, Bhikaji Cama Place, New Delhi-110066,India

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