PURCHASE AGREEMENT

CIVIC FORUM FOR SUSTAINABLE DEVELOPMENT (CIVIC FORUM)

And

ANANDA NIRMAN SAMAGRI CENTRE, BANEPA – 10, KAVREPALANCHOWK

This agreement ("Agreement") is entered into on 25th April 2016 (“Effective Date”) by and between
Civic Forum for Sustainable Development (Civic Forum), a non-profit organization (hereinafter called
“Civic Forum”) and Ananda Nirman Samagri Centre, Banepa – 10, Kavrepalanchowk (herein after
called “the supplier”) for the purpose of purchasing toilet construction and plumbing items. CIVIC
FORUM and the SUPPLIER may also be individually referred to herein as “Party” and collectively as the
“Parties”.

1. SCOPE OF PURCHASE

The Supplier will perform the work (hereinafter, the “Deliverables”) described in Table 1 (“Statement
of Work”). Civic Forum will pay the Supplier according to the schedule set forth in Table 2 (“Payment
Schedule”), not to exceed the maximum amount stated below.

ACTIVITIES As stated in Table 1

BRIEF DESCRIPTION OF PURCHASE Procurement of construction and

plumbing items for improvement of
WASH facilities in selected health
posts and OTPs in Kavre district.

AMOUNT PAYABLE NRs. 659,082.00/- (In words, Nepali

Rupees Six Lakhs Fifty Nine Thousand
and Eighty Two only.)

SCHEDULED CONTRACT START DATE

SCHEDULED CONTRACT COMPLETION DATE

2. AUTHORIZED REPRESENTATIVES OF THE PARTIES

All questions concerning the negotiation, interpretation, administration, and modification of this
Agreement should be addressed to:

Civic Forum Representative:

Name: Basanta Kunwar

Designation: Executive Director
Address: PO Box No. 33, Dhulikhel, Kavrepalanchowk, Nepal
Phone: 011-490744, 9851189601
Email: [email protected], [email protected]

Supplier Representative:

Name: Ananda,…..
Address: Banepa – 10, Kavrepalanchowk, Nepal
Tel: …..
Email: …………

No modification or waiver of any term of this Agreement shall be binding on either Party unless and
until each Party’s Authorized Representative has signed on amendment executed through the same
procedures as the original Agreement. Each Party may change its designated Authorized
Representative at any time by giving written notice to the other party at the address stated above.

3. OBJECTIVE OF THE CONTRACT

The Supplier agrees to deliver below mentioned materials to Civic Forum:

Unit rate
Specification/
S.N. Particulars Quantity Unit including Amount Remarks
Brand/ Standard
VAT

1 Cement OPC 164 Bag NS 800.00 131,200.00

8 mm dia steel
2 424 Kg Fe 500 TMT 88.00 37,312.00
reinforcement

26 Gauge CGI Plain Sheet

3 9 pcs Ns/ISI 850.00 7,650.00
6'x 3' size

Porcelain Glazed
4 Floor tile 12"x 12" 49 SqFt 80.00 3,920.00
NS/ISI

Porcelain Glazed
5 Wall tile 12"x 8" 220.66 SqFt 48.75 10,757.18
NS/ISI

6 Glass 4 mm thick 1 Sqm Printed NS/ISI 79.00 79.00

7 Binding wire 7 Kg Black NS /ISI 100.00 700.00

 Unit rate
Specification/
S.N. Particulars Quantity Unit including Amount Remarks
Brand/ Standard
VAT

8 Nails 2" long 21 kg NS/ISI 100.00 2,100.00

9 100 mm 4" Hinge 27 Pcs Steel NS/ISI 30.00 810.00

10 150 mm Tower bolt 14 Pcs Aluminium Ns/ISI 60.00 840.00

12 mm ø handle 10 " long Stainless steel

11 9 Pcs 175.00 1,575.00
(Stainless Steel) NS/ISI

Handle 5"Long (Hatta)

12 18 Pcs Aluminium Ns/ISI 20.00 360.00
Aluminium

13 Screw 2/22 7 Pkt Aluminium Ns/ISI 120.00 840.00

14 110mmHDPE Flush pipe 108 Mtr Low density local 150.00 16,200.00

Low
15 90mmHDPE Gas vent pipe 6 Mtr 125.00 750.00
densitylLocal

16 Vent cowl 90 mm 3 Pcs Local 100.00 300.00

17 25mm ø HDPE pipe 2510 Mtr NS 55.00 138,050.00

18 16 mm ø HDPE pipe 20 Mtr NS 25.23 504.60

Stainless Steel Sink

19 18 Pcs NS/ISI 2,000.00 36,000.00
16"x18"

20 CP Cap 1/2" 18 Pcs NS/ISI 15.00 270.00

21 Hand Rail 18 Pcs NS/ISI 200.00 3,600.00

22 Towel Holder 18 Pcs NS/ISI 200.00 3,600.00

White Glazed porcelain

23 clay commode with 'P' & 3 Pcs NS/ISI 2,500.00 7,500.00
'S' trap

3/4" CPVC Pipe 22.5

24 206 Mtr NS/ISI 160.00 32,960.00
kg/cm2

1" CPVC Pipe 22.5

25 42 Mtr NS/ISI 240.00 10,080.00
kg/cm2

26 Tank Nipple 1" CPVC 7 Pcs NS/ISI 170.00 1,190.00

27 Socket 1" CPVC 14 Pcs NS/ISI 33.00 462.00

28 Ball valve 1" 7 Pcs NS/ISI 515.00 3,605.00

 Unit rate
Specification/
S.N. Particulars Quantity Unit including Amount Remarks
Brand/ Standard
VAT

29 Union 1" CPVC 7 Pcs NS/ISI 270.00 1,890.00

30 Elbow 1" male CPVC 7 Pcs NS/ISI 500.00 3,500.00

31 R.Socket 1" x 3/4" CPVC 7 Pcs NS/ISI 33.00 231.00

32 Brass Tap 1/2" 19 Pcs NS/ISI 300.00 5,700.00

33 Socket 3/4" CPVC 35 Pcs NS/ISI 20.00 700.00

34 Stainless steel tape 1/2" 18 Pcs NS/ISI 650.00 11,700.00

35 3/4" Equal Tee CPVC 32 Pcs NS/ISI 40.00 1,280.00

36 3/4" Male Elbow CPVC 66 Pcs NS/ISI 230.00 15,180.00

37 3/4" Female Elbow CPVC 33 Pcs NS/ISI 140.00 4,620.00

38 3/4" Female Socket CPVC 18 Pcs NS/ISI 232.00 4,176.00

3/4" Socket Male Plane

39 32 Pcs NS/ISI 260.00 8,320.00
CPVC

1" Socket Male Plane

40 32 Pcs NS/ISI 432.00 13,824.00
CPVC

41 GI Union 1/2" 2 Pcs NS/ISI 141.00 282.00

42 GI Elbow 1/2" Male 2 Pcs NS/ISI 42.00 84.00

43 GI Equal Tee 1/2" 1 Pcs NS/ISI 67.00 67.00

44 Shower Set 3.00 Pcs NS/ISI 700.00 2,100.00

PVC Flushing Cistern

45 1.00 Set NS/ISI 1,000.00 1,000.00
Single Flush

46 Waist pipe 3 Set NS/ISI 150.00 450.00

47 Connection Pipe 3.00 Pcs NS/ISI 100.00 300.00

1000 liter Polytank Hill

48 10.00 Pcs NS/ISI 11,000.00 110,000.00
take

3/22 size Copper Wire

49 200.00 Mtr NS/ISI 100.00 20,000.00
Cable

50 1/2 HP Water Pump 1" 1 Set NS/ISI 10500 10,500.00

Total 669,118.78
Payment Schedule

i) The total amount of this contract is NRs 669,118.78.

ii) Payment will be made a maximum of 7 days following the delivery of all items to Civic
Forum and the submission of all necessary invoices, delivery notes and other supporting
documentation by the supplier to Civic Forum.
iii) The price for the total items supplied is inclusive of all tax.
iv) A TDS 1.5% deduction on the total contract value shall be withheld by Civic Forum.
v) Civic Forum or its representatives reserves the right to check the quality and quantity of
the items at the dispatch and delivery points.
vi) The agreed total amount of the present contract is:

Item Amount Nepali Rupees

Contract value 669,118.78

Contract Value Deducting 13% VAT 592140.51

Withholding tax deduction (1.5% TDS) 8882.10

Total to be paid after withholding tax 690236.68

Delivery Schedule

Consignor:

Name: Mr…….

Organization: Ananda Nirman Samagri Centre

Phone Number: …

Email: ….

i) The order will be delivered in a single lot.

ii) Delivery dates and locations to be agreed by the two parties.

4. TECHNICAL PERSONNEL
4.1 Civic Forum has designated ____________ as its “Focal Person” for this contract. The Focal Person
shall exercise supervisory responsibility for the purchase on behalf of Civic Forum. Any change in
Table 1 requires the prior written approval of both the Focal Person and Civic Forum’s Authorized
Representative. Civic Forum may designate another person as Focal Person at any time by giving
written notice to the Supplier.
4.2 The execution of the Suppliers responsibilities under the purchase, as set forth in the Statement
of Work in Table 1, shall be under the direction of Ananda Nirman Samagri Centre.
4.3 The Supplier understands that Civic Forum considers the selection of the Supplier to be essential
to the work performed herein under. The Supplier shall not assign, transfer, sublet or subcontract
 the contract or any part thereof without the prior written consent of Civic Forum. If such change
is not acceptable, Civic Forum shall have the right, at its sole discretion, to terminate this
Agreement pursuant to section 5.2 below.

5. REPORTS AND INVOICES

5.1 REPORTING OBLIGATIONS
Throughout the Contract Period, the supplier will provide Civic Forum with invoices according to the
delivery schedules.

5.2 INVOICES
The Supplier shall submit its invoice to civic Forum on company letterhead no later than 2 weeks after
each lot has been delivered as per the delivery schedule in section 3 above. All payments will be
subjected to withholding tax deductions as per Government of Nepal regulations as outlined in table
2.

6. PERIOD AND TERMINATION

6.1 CONTRACT PERIOD
The period of performance under this Agreements shall begin on the Effective Date and shall end on
as stated in section 1 above, unless terminated sooner in accordance with the terms set forth in
section 5.2 below. The Contract Period may be extended by mutual agreement only in writing signed
by both parties, this Agreement will terminate.

6.2 TERMINATION
Civic Forum reserves the right to terminate this Agreement upon 5 day written notice for failure of the
Supplier to meet any substantive requirement or obligation of this Agreement or as otherwise
permitted. If Supplier fails to correct the said deficiency within the notice period, or may be mutually
agreed upon by both parties, this Agreement will terminate.

7. PUBLICITY
The Supplier shall issue no press release or make any public statement or otherwise imply to the media
or the general public that it is a supplier of Civic Forum or any Donor on this purchase without prior
written approval of Civic Forum.

8. INDEMNIFICATION
8.1 MUTUAL INDEMNIFICATION
Each party shall, to the extent allowed by law, indemnify, defend and hold harmless the other party,
the Grantors, and their respective affiliates, and each of their respective officers, directors, employees
and agents, from and against any claims, suits, actions, judgments, liabilities, losses, damages and
costs (Including attorneys’ fees) that arise or deriver in any way from the party’s breach or negligent
performance under this Agreement, unless and only unless the claims, suits, etc. were caused
primarily by the breach or negligence of the other party.

9. MISCELLANEOUS
9.1 DISPUTE RESOLUTION
In the event of any dispute, controversy or claim between the Parties arising out of or relating to this
Agreement, including as to the breach or invalidity or any provision hereof or the purposed
termination hereof, the aggrieved Party shall provide written notice to the Other Party. Within five
business days after receipt of such notice, each party shall designated a representative to meet with
the other in an attempt to resolve the same. Such representatives shall meet within ten business days
after their designation in an attempt to resolve such dispute.

In the event that the parties are unable to reach a negotiated resolution within ten business days of
the first meeting of such representatives, the parties may commence suit to enforce this Agreement
and will execute the case in Dhulikhel, Nepal only.

9.2 GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Nepal without
regard to conflicts of laws or principles thereof.

9.3 NOTICES
Any notice or other communication required under this Agreement shall be given in writing and
delivered by hand, fax, email, or by registered or certified mail, addressed to the representatives for
the Parties as stated in Section 3.

9.4 SEVERABILITY
If any provision of this Agreement is invalid or unenforceable under any statute or rule of law, the
provision is to that extent to be deemed omitted, and the remaining provisions shall not be affected
in any way.

9.5 SURVIVAL
Sections 6.2, 8, 9, 9.1, 9.2 and 9.3 shall survive the expiration or termination of this Agreement for any
reason.

9.6 ENTIRE AGREEMENT

This Agreement, including the Annexes referenced herein if any and Attached hereto, constitutes the
entire agreement between Civic Forum and the Supplier and supersedes any and all prior written
agreements, oral discussions, or understanding between them with respect to the subject matter
hereof. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement
on one occasion will not be deemed a waiver of any other provision or of such provision on any other
occasion.
9.7 PROHIBITION OF TERRORISM TRANSACTIONS
Each Party represents that to the best of its current knowledge it did not provide during the previous
10 years, and agrees that it will take all reasonable steps to ensure that it does not and will not
knowingly provide, material support or resources to any individual or entity that does or has
committed, attempted to commit, advocated, facilitated, or participated in terrorist acts.

9.8 BRIBERY AND CORRUPT PRACTICES

By signing this Agreement, each Party certifies compliance with all applicable anti-corruption laws and
conventions.

9.9 RELATIONSHIP OF THE PARTIES

The relationship between the Parties shall only be that between Civic Forum and the Supplier, and
nothing herein shall be construed as creating an agency, joint venture or employment relationship
between them. Neither Party shall have any right or authority to assume or create any obligations or
to make any representations or warranties on behalf of the other Party, whether express or implied,
or to bind the other Party in any respect whatsoever. The Parties acknowledge and agree that Civic
Forum has no ability or authority to determine the specific manner or method in which the Supplier
conducts the project or the set the hours of work or daily schedule of the Supplier. The supplier agrees
to comply with all applicable laws, regulations, and ordinances with respect to the conduct of business
as an independent Supplier including without limitation, duties regarding labor and tax law.

10. CONFLICT OF INTEREST AND GOODWILL

The supplier shall avoid and notify Civic Forum immediately of any reasonably perceived potential
conflict of interest arising from its provision of services to any other organization, government entity,
or corporation during the Period and under the Terms of this Agreement. The Supplier shall do nothing
to damage the goodwill and favorable name and image of Civic Forum in performing the project.

11. CANCELLATION
Civic Forum reserves the right to cancel the contract should it suspend its activities or through changes
to its mandate by virtue of the Directors of Civic Forum and/or lack of funding. In such a case the
Supplier shall be reimbursed by Civic Forum for all reasonable costs incurred by the Supplier, including
all materials satisfactory delivered and conforming to specification and terms of contract, prior to
receipt of the termination notice.
Should the Supplier encounter solvency problems including, but not limited to, bankruptcy,
liquidation, receivership and similar, Civic Forum reserves the right to terminate the contract
immediately without prejudice to any other right or remedy it may have under the terms of these
conditions.
12. FORCE MAJEURE
The meaning of the term can be taken to mean acts of God, war (declared or not), invasion, revolution,
insurrection or acts similar in nature or force.
a) In the event of and as soon as possible after the occurrence of any cause deemed force majeure,
the Supplier must inform Civic Forum of the full particulars in writing. If the Supplier is rendered
unable either in part or in whole to perform its obligations then Civic Forum shall take such action
as it considers, in its sole discretion, to be appropriate or necessary in the circumstances.
b) If the Supplier is permanently rendered incapable in whole or part by reason of force majeure to
complete its obligations and responsibilities under the contract then Civic Forum will have the
right to suspend or terminate the contract on the same terms and conditions laid out in section
11, Cancellation.

13. USE OF LOGO

Civic Forum logos are not to be presented on publications or presentation materials other that this
project material. If Civic Forum reviews and approved the material a Civic Forum logo may be
approved. The Supplier should represent themselves as Suppliers of Civic Forum on all material,
including email signatures, a business card agreement should be signed by each Supplier wanting to
use Civic Forum business cards to represent themselves.

14. PENALTIES
In case of delay in the completion of deliverable against the terms indicated in the present purchase
contract, the Supplier will have to pay a fine of 0.5% (one half of one percent) of the total contract
amount for each day of delay. If delivery is delayed for more than 5 days Civic Forum retains the right
to unilaterally cancel the contract and inform the supplier of the same in writing as stated above.

15. INSURANCE

The Supplier, or any other individual/parties engaged with Civic Forum through such type of contract,
will not be covered for any type of insurance. Individuals will be solely responsible for his/her travelling
misshapes or other type of medical, health and life claims related to the performance of this contract.
IN WITNESS WHEREOF, and in acknowledgement that the Parties hereto have read and understood
each and every provision hereof, the Parties hereby execute this Agreement as of the Effective Date.

Signed on behalf of both parties:

CIVIC FORUM SUPPLIER

Name: Basanta Kunwar Name:

Designation: Executive Director Designation: Proprietor

Civic Forum for Sustainable Development Ananda Nirmand Samagri Centre,

(Civic Forum), Kavrepalanchowk, Nepal Banepa- 10, Kavrepalanchowk, Nepal