Appointment of Consignment Agent for Palakkad District KERALA FEEDS LIMITED (A Govt. of Kerala Undertaking) KALLETTUMKARA P.O., THRISSUR, KERALA 680 683 Phone: 0480-2713550, Fax: 0480-2720194, E-mail: marketing@keralafeeds.com Website: www.keralafeeds.com Page 1 of 14
1. INTRODUCTION Kerala Feeds Limited (KFL) is a Public Sector Undertaking under the control of Animal Husbandry Department of Government of Kerala engaged in the business of manufacture and sale of compounded cattle feed and feed supplements throughout Kerala. Being a Public Sector Unit, the Company has definite social obligation of supplying quality feed consistently to dairy farmers of Kerala at affordable rates. KFL is having manufacturing facilities at the following locations: 1. Cattle Feed Unit, Kallettumkara, Thrissur Dist. 2. Cattle Feed Plant, Karunagappally, Kollam Dist. 3. Cattle Feed Plant, Thiruvangoor, Kozhikode Dist. 4. Densified Fodder Block Unit, Muthalamada, Palakkad Dist. 5. Mineral Mixture Unit, Athavanad, Malappuram Dist. In addition to the above plants Cattle Feed Plant at Thodupuzha in Idukki Dist is under construction. The annual sale of the company is over 450 crores. The following are the products marketed by Kerala Feeds. a) Kerala Feeds Elite b) Kerala Feeds Midukki c) Kerala Feeds Rich. d) Kerala Feeds Calf Starter e) Keramin Mineral Mixture. f) Densified Fodder Block. g) Kerala Feeds Malabari Premium Goat Feed. h) Kerrabbit Rabbit Feed INVITATION Kerala Feeds Ltd. invites applications from competent, experienced and financially sound entrepreneurs with five years experience in cattle feed distribution/consignment agent/distributor/dealer of packed commodities, grocery, agri-products, etc. to promote Kerala Feeds cattle feed and allied products in Palakkad District. Page 2 of 14
SUBMISSION OF APPLICATIONS Interested individuals/firms with necessary experience shall apply with their detailed resume (Annexure 1)in sealed envelope superscribing Application for Appointment of Consignment Agent for Palakkad District addressed to the Managing Director, Kerala Feeds Limited, Kallettumkara P.O., Thrissur Dist, Kerala 680 683 with the name and address of the agent. Applications should reach the above address on or before 05:00 PM on 17.07.2018 with necessary documents. Kerala Feeds Ltd., shall not be responsible for any delay, loss or non receipt of applications for whatever reasons. Kerala Feeds Ltd., reserves the right to accept or reject any applications either partially or wholly or to cancel the appointment process without assigning any reason, and the applicants shall not be eligible for any compensation in such event. PERIOD OF ASSIGNMENT The appointment will be for a period of two years, extendable for further periods on mutual agreement on satisfactory performance. Kerala Feeds Ltd. reserves the right to evaluate the performance of the successful Consignment Agent at periodic intervals and reserves the right to discontinue the operations if performance is found to be unsatisfactory. MINIMUM ELIGIBILITY CRITERIA The applicants who fulfill the following minimum eligibility criteria alone may apply. a. The firm should have been in active existence atleast for the preceding 5 years. Submit copy of Certificate of incorporation/ partnership deed etc. b. The firm should have recorded a minimum turnover of 50 Lakhs in each of the immediate preceding 3 financial years. In support of their eligibility under this criterion, firms should furnish self-attested copies of Audited Accounts /Balance Sheet/Annual Report duly certified by the Auditor. c. The firm should be competent, experienced and financially sound with five years experience in cattle feed distribution/ consignment agent/ distributor/dealer of packed commodities, grocery, agri-products, etc SECURITY DEPOSIT Applicants shall furnish a security deposit of Rs. 1,00,000/- (Rupees one Lakh only) by the way of DD favouring Managing Director, Kerala Feeds Ltd. Kallettumkara, payable at Thrissur. The Security Deposit of appointed applicant shall be converted as Security Deposit of Consignment Agent. Page 3 of 14
ENCLOSURES 1. Demand Draft of Rs.1,00,000/- (Rupes one lakh only) drawn in favour of Kerala Feeds Ltd, Kallettumkara payable at Thrissur. 2. Work orders/agreements as well as Experience certificates for having carried out similar work, received from major companies for last 5 years shall be enclosed. In case of Partnership firm/company, experience certificate should be in the name of the firm/ company. Experience certificate produced in the name of the partners/ shareholders of the firm / company will not be considered. 3. Partnership deed / memorandum of association as the case may be. 4. Copy of Income Tax Return Form of immediate past 3 Years. 5. Average annual turnover of the applicant/firms for the immediate last 3 years should be a minimum of Rs. 50 Lakhs. Relevant proof such as attested copy of audited financial results, Chartered Accountant s certificates shall also be produced. 6. Attested copy of permanent account number(pan), GST Registration certificates. APPLICATION EVALUATION Applications received shall be processed by evaluation of category of business, nature of business, experience and turnover as per the criteria and rating attached as per annexure 2. GENERAL CONDITIONS KFL reserves the right to call for any further information. Any information furnished by the firm found to be incorrect at any stage would render their being declared ineligible. KFL shall not be responsible for any postal delay. Incomplete applications shall summarily lead to rejection of the application. Kerala Feeds Ltd. have the discretion to evaluate the performance of the successful Consignment Agent at periodic intervals and reserves the right to discontinue the operations if performance is found to be unsatisfactory. KFL shall have the right to reject any or all the bid without assigning any reason. All disputes are subject to Irinjalakuda Jurisdiction. MANAGING DIRECTOR Page 4 of 14
RESUME (Annexure 1) Name of the Applicant : Address 1) Permanent : 2)Official : Age : A. Details of business Experience: Sl.No Category of Business(Consignment Agent/Distributor/ Dealer/Others) - Specify Nature of Business(Cattle Feed/Other Feed & Feed Supplements/Oth er items) -Specify Period of Experience From To Remarks Page 5 of 14
B. Turn Over Details: Financial Year Turn Over(Rs.) 2017-18 2016-17 2015-16 2014-15 * Attach separate sheet if required. # Please provide relevant proofs to support A & B or else will not be considered for rating. I hereby declare that the above details furnished are true to the best of my knowledge and belief. Name: Signature with seal Page 6 of 14
(Annexure 2) CRITERIA FOR SELECTION Sl. No Particulars Marks Category of Business 1 Consignment Agent 2 Distributor/Other Category 1 Nature of existing business 2 Compounded cattle feed 3 Other feed and feed supplements 2 Other specified category items. 1 Experience 3 More than 10 years 3 Above 8 to 10 years 2 5 to 8years 1 Financials 4 Annual Turnover above 2 Crores (During any of the preceding 3 years) Annual Turnover above 50 Lakhs to 2 Crores(During any of the preceding 3 years) 2 1 Page 7 of 14
DRAFT AGREEMENT THIS AGREEMENT of Consignment Agent executed on the.day of.. Two Thousand and Eighteen. BETWEEN KERALA FEEDS LIMITED, a Company incorporated in India under the Companies Act 1961 and having its Registered Office at Kallettumkara 680 683, Thrissur District in Kerala State (hereinafter called the Principal which expression where the context admits shall mean and include its successors and assigns) of the ONE PART; AND M/s.... represented by Proprietor/Managing Partner/Managing Director Sri....aged... years, residing at... (hereinafter referred to as the Consignment Agent ) of the OTHER PART; WHERE AS: 1. The Principal is engaged in the manufacture, processing, packing and sale of cattle feed and feed supplements (hereinafter referred to as cattle feed ) at its factory at Kallettumkara, Thrissur District in Kerala State. 2. The Agent had applied to the Principal for appointing him as a Consignment Agent for cattle feed and the Principal hereby appoint the above Agent as one of its Consignment Agents in the terms and conditions hereinafter provided. Page 8 of 14
NOW THIS AGREEMENT WITNESSES and it is agreed by and between the parties hereto as follows:- The Company hereby appoints M/s.... represented by its Proprietor/Managing Partner/Managing Director Sri... aged... years, residing at... as its Consignment Agent for cattle feed for Palakkad District and the Consignment Agent hereby accepts such appointment on the terms and conditions hereinafter contained. 1 The agreement shall be valid for a period of two year from...2018 and ending on...2020. In case both the parties are willing to continue the business relationship after the expiry of the above two years, it may be continued through another agreement at the sole discretion of the company. 2 The Principal shall deliver the cattle feed ordered by the Consignment Agent to the consignees as per the indent given by the consignment agent for sales within the sales territory demarcated to the Consignment Agent. However, if such Depot is not accessible by an ordinarily truck motorable road the Consignment Agent shall take delivery of the cattle feed at his cost and expense from the nearest possible place accessible by road as may be notified by the Principal from time to time. Unloading charges, Atti, Mari and other incidental expenses in respect of such unloading shall be arranged for and borne by the Consignment Agent s clients/consignees at his cost and the Principal shall not be in any way responsible or liable therefore. The Consignment Agent shall arrange for receipt of the delivery at their clients/consignees depot premises and shall duly acknowledge the receipt thereof on the despatch/delivery note clearly indicating the day and time of receipt of the goods. If delivery is not taken promptly the Consignment Agent shall be responsible for any loss sustained by the Principal on account thereof. Page 9 of 14
3 The transportation of the cattle feed will be arranged by the company up to the consignment agent s clients/consignees depot premises/destination as per the indent/order submitted. 4 The Principal shall allow to the Consignment Agent an agency discount of Rs 10/- per 50 KG or proportionately thereof for brands of Kerala Feeds Cattle feed, Goat feed, Rabbit Feed, Calf Starter and TMR block for the quantity sold during each month. 5 Feed complaints /damages at your client/sub dealer points shall be informed to the Principal at the earliest for further action. However the damaged feed will be replaced only based on genuineness of the complaint and inspection and assessment of the complaint from the Principals side. 6 The Consignment Agent shall not use or dispose of such cattle feed otherwise than by sale, without the written consent of the Principal. 7 It is agreed and understood that cattle feed is despatched from the Principal s factory only after stringent and proper quality control checks and measures. Accordingly cattle feed once issued for delivery to the Consignment Agent shall not be taken back by the Principal unless there are valid reasons for the same. It is also agreed that once the goods are delivered to the Consignment Agent the Principal shall not be responsible for any defect or deficiency in respect therefore caused by the improper handling and/or storing on the part of the Consignment Agent or otherwise. Acknowledgement of receipt made on the despatch/delivery note shall be considered as proof of receipt of the goods by the Consignment Agent in good condition. 8 The Consignment Agent shall be liable to pay any taxes, dues or other levies which may be in force from time to time in respect of the orders canvassed by him and it shall be his duty to pay the same promptly. Page 10 of 14
9 The Consignment Agent shall take out all necessary permissions, licences and registrations from Government, Local and other Department for the conduct of the Consignment Agency, for carrying out all the other obligations contained herein and a copy of all such licences and permissions shall be forwarded by the Consignment Agent to the Principal before commencing operation. 10 Orders of Cattle feed shall be canvassed by the Consignment Agent only at the rates approved by the Principal from time to time and the Consignment Agent shall reveal the prices as and when asked for. 11 The Consignment Agent shall keep available a complaint book with him and the availability of such book shall be made known to the public. 12 The Principal and its Officers/ representatives shall be entitled to inspect other facilities of the Consignment Agent at any time and give directions as to the proper, handling and distribution of cattle feed or on any other matter connected with the sale of cattle feed and the Consignment Agent shall promptly obey and carry out any such instructions. 13 The Consignment Agent shall indemnify and keep indemnified the Principal from and against all losses and damages caused by reason of any negligence or default on the part of the Agent or breach by the Consignment Agent of any of the terms of this Agreement. 14 The Consignment Agent shall deal only the cattle feed manufactured by the Principal and shall not be entitled to sell or deal with any other cattle feed or other animal feeds or other similar products manufactured by any other person, firm or Company. 15 The Consignment Agent shall not transfer, sublet or otherwise dispose of the rights or benefits granted to him under this Agreement. 16 The Principal will not be responsible for any difficulty in the conduct of the sale of Cattle feed arising from the actions of authorities such as local bodies, Public Works Department, K S E B etc. Page 11 of 14
17. Any orders issued by the Principal relating to the functioning of Consignment Agent or sale of cattle feed and communicated to the Consignment Agent will form a part of this agreement. 18. The Consignment Agent has deposited with the Principal, an amount of Rs.1,00,000/- (Rupees One Lakh only) as a security deposit for the due and faithful performance of his obligations under this agreement. On termination of the Consignment Agency the Principal shall refund the security deposit of Rs.1,00,000/-, after adjustment of any dues payable by the Consignment Agent, without any interest. It shall be lawful for the Principal to set off any loss or expense, cost or damage sustained or incurred by the Principal by reason of breach of any of the obligations of the Consignment Agent contained herein or by the cancellation of the Consignment Agent or on account of nonpayment of any taxes or other expenses by the Consignment Agent from and out of any money for the time being payable or due to the Consignment Agent from the Principal and also from the Security deposit aforesaid, bank guarantee and any other asset of the Consignment Agent. In such event, the Consignment Agent shall immediately pay to the Principal the amount so appropriated so as to make up the security deposit to its full amount. 19 Either party may terminate this agreement by giving to the other one month s previous notice in writing. Provided however that the Principal shall be entitled to terminate this agreement forthwith and with immediate effect in the event of any of the following contingencies:- Page 12 of 14 a) If the Consignment Agent fails to canvass orders for a minimum quantity of 100 MT cattle feed during a month. b) If the Consignment Agent sublets, transfers or otherwise disposes the rights granted to him hereunder c) The Consignment Agent commits breach of any of the terms and conditions herein provided. d) If in the opinion of the Principal, the services of the Consignment Agent or the working of the Consignment Agent is not satisfactory. e) On the dissolution, death, lunacy or insolvency of the Consignment Agent.
20 Any dispute or difference arising out of this contract, either as to the construction meaning or interpretation of these presents or on the rights and liabilities of the parties or the performance or non performance therefor or as to any matter whatsoever nature touching or pertaining to these presents, shall be exclusively triable by the Courts having jurisdiction over Kallettumkara where the registered office of the Principal is situated and not elsewhere. 21 The appointment order No..dtd. and all the clauses mentioned in the appointment order also forms a part of the agreement. IN WITNESS WHEREOF the parties hereto have signed this Agreement on the date first above written. SIGNED and DELIVERED for and on behalf of Kerala Feeds Ltd., the Principal aforesaid by its Managing Director, M/s. Kerala Feeds Ltd. Kallettumkara, In the presence of witnesses: Thrissur-680 683. 1... 2... SIGNED and DELIVERED Page 13 of 14
by the Consignment Agent aforesaid..,..,.. In the presence of witnesses:.. 1 2. Page 14 of 14