|Total No of Lots = 8|
|Special Terms & Conditions|
ALL CONTRACTS/TRANSACTIONS ENTERED INTO BY THE BUYER/BIDDER ARISING OUT OF THIS E-AUCTION SHALL BE GOVERNED BY THE INTEGRITY PACT AVAILABLE ON OUR WEBSITE, www.mstcindia.co.in
THE MATERIAL LIST & STC DISPLAYED UNDER VIEW FORTHCOMING AUCTIONS ON MSTC'S E AUCTION WEBSITE ARE TENTATIVE AND SUBJECT TO CHANGE AT THE SOLE DISCRETION OF MSTC/PRINCIPAL BEFORE THE START OF E AUCTION. BIDDERS SHOULD, THEREFORE, DOWNLOAD THE MATERIAL LIST AND STC DISPLAYED ONLY UNDER VIEW LIVE AUCTIONS FOR THEIR RECORD PURPOSE, IF REQUIRED, AND BID ACCORDINGLY.
Contact Details of MSTC Lucknow :-
Shri Anil Verma, DM.
E mail: firstname.lastname@example.org
AT UPJVNL,Obra Please contact Shri Ram Milan Singh on : 7408429630.
1.Transformers (if any) under this auction will be sold without Transformer Oil. Bidders are advised to place their bids keeping this fact in mind.
2. THE AUCTION CATALOGUE ON THE LIVE E AUCTION FLOOR SHOULD BE TREATED AS FINAL AND BINDING.
Only buyers registered with MSTC will be able to participate into this e-auction.
The buyer will not be required to deposit the EMD for those lots which fall under the category of STA. Only when the lot is approved by the Principal, a mail will be fired by our portal to the buyer to submit the requisite EMD within a period of 7 days from the date of approval.
NOTE 1: Post Bid EMD of 10% of material value must be deposited into MSTC's account. Hence Buyers are requested that they should make payment of Post Bid EMD in MSTC's account only .Sole responsibility of any loss of payment/delivery time due to EMD payment done into Seller's account will be of Buyer's Only.
(I) Payments related to Pre Bid-EMD, EMD ,IT TDS & MSTC's Service charge should be made into MSTC account through RTGS/NEFT using E-payment gateway provided in MSTC LTD website https://www.mstcecommerce.com in Buyer's Login Dashboard.
Pre Bid EMD as per above mentioned lot details has to be submitted before commencement of e-auction .The payment related to Pre BID EMD should only be made with the "Pay Pre Bid EMD" link available in the bidder's login. Pre BID EMD received through any other mode shall not be accepted under any circumstances. Pre Bid EMD could only be adjusted with Post Bid EMD.
(ii) Payments related to Post Bid EMD/Full material value/balance material value etc. should be made into Seller's below mentioned bank account.
Seller Bank Details:
Bank Name :State Bank of India
A/c No : 10699044299
IFS Code :SBIN0001241
INSPECTION OF LOT/ EAUCTION DATE: For inspection of materials, the seller/company name, date of commencement of inspection, name of contact official with their contact details are as mentioned in the e auction catalogue. The e-auction commencement date/ closing date are also as mentioned above. The buyer has to satisfy himself about the quality, quantity, age, condition etc of the materials before participating in the e auction. No complaint shall be entertained with regard to the quality of material by MSTC LTD.
PRE BID EMD/EMD: The pre bid EMD (if applicable) for the e auction has to be submitted online through "PAY PRE BID EMD" option available within the buyers login. PRE BID EMD submitted through any other mode shall not be accepted.
Cases related to Pre Bid EMD and EMD shall be dealt as per the below clauses:
Pre BID EMD shall be adjusted towards EMD (i.e Post Bid EMD).
If, in case, the buyer defaults on EMD after the conduct of e auction, the PRE BID EMD shall be forfeited.
If, in case, the buyer defaults on Balance Sale value after submitting EMD, EMD shall be forfeited.
If, in case, the buyer defaults on any installment after submitting the EMD, EMD shall be forfeited and subsequent lots (if any) shall be cancelled and the same may be re auctioned by Seller.
In case of installment payment the EMD shall be adjusted towards payment in the last installment.
E AUCTION RESULT/STATUS: It must be personally seen by the Bidders online through the link "Auction Lot Status" immediately after closing of e-Auction which will be displayed up to 7 (Seven) days from the date of Closing of e-Auction (excluding the date of closing of e-Auction) and payment of Post-Bid EMD/SD must be made accordingly. A system generated automatic Sale Intimation Letter will be issued by e-mail to the Successful Bidder. The bidders must always keep their registered email account valid, failing which bidders will be liable for non-compliance of payment/delivery instructions if issued by MSTC/SELLER from time to time.
EMD/SD: SD equivalent to 10%/20%/25%/ or as applicable of quoted Basic value for confirmed lots is payable within 7 (Seven) calendar days from the date of acceptance of bid excluding the day of e auction. Non submission of the EMD within the specified time frame shall result in de-activation of buyer's login id. If the last date of payment happens to be the Bank/MSTC Holiday, the payment will be accepted on the next day.
Balance Payment: The successful buyers shall be give a period of 15 days from the date of issuance of AL or last date of submission of EMD whichever is earlier to deposit the balance sum. If the last date of payment happens to be the Bank/MSTC Holiday, the payment will be accepted on the next day.
Penalty for SD Deposit after 7 days: If the SD/EMD amount is received after 7 days of e auction, no action shall be taken on the same. The user id will be activated only upon receipt of full material value along with all other taxes and duties as applicable from time to time within 17/22/as applicable days from the date of conduct of e auction. If the last date of payment happens to be the Bank/MSTC Holiday, the payment will be accepted on the next day.
Although after close of e-Auction, a system generated automatic Sale Intimation Letter will be issued by e-mail to the Successful Bidder it must be noted by the Bidders that such Sale Intimation Letter will be issued by MSTC only for the purpose of record and payment of Post-Bid EMD/SD will have to be made within the stipulated time. Bidders must, therefore keep a watch on their incoming e-mail. No hard copy of the Sale Intimation Letter (on Confirmed or STA basis) will be issued by MSTC.
Payment Schedule: The payment schedule as mentioned below shall be followed depending on the net sale value:
DEFAULT IN PAYMENT:
If the buyer fails to deposit the EMD or FULL VALUE including all taxes in 7/17/22 days as the case may be, the buyer shall be deactivated/blocked for a minimum period of 6 months.
TAXES & DUTIES: GST and/or any other tax/duties/levies as provided in the e auction catalogue are only indicative in nature. GST and/or any other taxes/duties/levies as applicable on the date of delivery shall be applicable and the buyers will have to deposit the same.
DEFAULT IN PAYMENT OF BALANCE PAYMENT: In case of default in payment of the balance Sale Value within the prescribed time limit, the due payment may be made together with late payment charge @ 1% per week or part thereof calculated on the full material Value for a maximum period of two weeks. It will be at the sole discretion of the Seller to accept or not, payment, along with penalty, if the buyer fails to deposit the balance sale value along with all the taxes/levies/duties as applicable from time to time within 2 weeks from the last date of payment as mentioned in the AL/SO.
MSTC/Seller reserves the right not to accept the payment of the Balance Sale Value with or without penalty after expiry of due payment time as mentioned above. If the buyer fails to pay the balance material value along with applicable Duties and Taxes & late payment charges within above mentioned due date, then Pre-& Post bid EMD/SD of particular lot will stand forfeited automatically.
Besides above, MSTC/Seller reserves the right to forfeit any amount/money lying with MSTC/Seller from the successful Bidder who defaults in making the due payments against the e-Auction even though such amount/money may be lying with MSTC/Seller on account of the said Bidder against any other contract/transaction.
DELIVERY ORDER: On receipt of balance payment towards sale value along with taxes and duties, delivery order will be issued by MSTC indicating the delivery period as under: The period of delivery will be 30/as applicable calendar days counted from the date of issue of Delivery order or the last date of payment as mentioned in the AL/SO by MSTC or Delivery period mentioned in the Release Order issued by PRINCIPAL as the case may be.
If the last date of delivery happens to be the closed Holiday for sellers, the delivery will be allowed on the next day without ground rent.
DELIVERY OF MATERIAL: For the purpose of taking delivery from the Seller's Location/Depot/Plant, the authorized representative of the Buyer or the authorized Photo ID Card Holder should report to the Seller along with his original Photo ID proof. The authorized person (whose name is registered with MSTC LTD) may depute any other Representative along with Authority Letter on his Letter-Head after duly attesting the signature of his Representative along with a Self Certified/Notarised Photocopy of his Photo ID Card. The successful Bidder/Buyer must take prior permission from the principal before placement of vehicle for taking delivery of material.
DEFAULT IN DELIVERY: In case of delay in lifting beyond the above specified period, ground rent @ 1% or part thereof up to a period of 2 weeks will be charged by the seller in advance. In case the delay is beyond 2 weeks, the seller will have the option to grant further extension, in exceptional cases with/without additional ground rent, depending upon the circumstances for such delay or forfeit the entire amount paid towards this lot at their sole discretion.
Decision: In case of any dispute regarding payment/delivery/date or any other matter relating to this e-auction, the decision of MSTC/SELLER shall be final.
ARBITRATION CLAUSE: In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/ Port Trusts inter se and also between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018 as issued by Ministry of Heavy Industries and Public Enterprises,Department of Public Enterprises.
BLACK-LISTING: The Seller and/or MSTC reserve the right to black-list, debar any bidder/buyer due to any act of omission or commission or fraudulent acts indulged or caused to be indulged by such bidder/buyer in the course of bidding process and/or in the execution or performance of any of the contracts which may be awarded to the bidder/buyer pursuant to the e-auction, provided however, that the Seller and/or MSTC shall be obliged to allow an opportunity of being heard to such bidder/buyer before any order of black-listing/debarment could be passed. Any such order of black listing/debarment that may be passed by the Seller and/or MSTC shall be without prejudice to other right of actions available to the seller and/or MSTC against the bidder/buyer under the e-auction terms and conditions.
Quantity: "The quantity in actual may turn out to be more or less than the estimated quantity. In the event of quantity turning out to be more than estimated quantity the buyer has to lift the allotted quantity (+/-25%). In the event of actual quantity turning out to be less than estimated quantity, the buyer shall not be entitled to claim any damages, loss of interest or compensation on this count".
GENERAL: a) VALIDITY OF BIDS: All the bids will be valid for 90 (Ninety) days from the date of closing of e-Auction, excluding the date of closing. In case the 90th day falls on a holiday or remains closed for MSTC, such Bids will be deemed to be automatically extended to be valid upto the next working day of MSTC.
b) PERIOD OF CONTRACT: Up to the validity period of the Delivery Order issued by MSTC/Seller or up to the extended period of validity of the Delivery Order/Release Order in case the Delivery period is extended by the Seller.
c)Confirmation of sale on confirmed basis/STA basis : After closing of e-Auction, in case the Highest Bid is equal to or more than the Reserve Price, the respective Lot will be deemed to be Sold on CONFIRMED basis, whereas if the Highest Bid is less than the RP but equal to or more than the lower limit of the RP, then such Highest Bid will be deemed to be Provisionally Sold on SUBJECT TO APPROVAL (STA) basis for which status will be available at the website as indicated above. For lot sold on provisional under STA basis, final online approval or otherwise will be made by the principal and automatic email intimation will be issued to the bidder within the validity of their offer which shall be 10 calendar days from the date of issue of email intimation (excluding the date of issue).
d) CAUTION IN SUBMISSION OF BID: The Bidder shall be solely responsible for all consequences arising out of the bid submitted by him (including any wrongful bidding by him) and no complaint/representation will be entertained by MSTC/Seller in this regard. Hence Bidders must be careful to check (the Bid Amount/No. Of 0/No. of Digits/Unit of Measurement etc.) and rectify their bid (if required) before submitting their Bid into the live e-Auction floor by clicking the 'Bid Button. In case of any bid being equal to or more than 5 (five) times the current Highest Bid for a particular Lot, this will be displayed by way of a WARNING on the Bidder's screen before he confirms/submits the bid. There is no provision for putting Bids in decimals. During Live Auction, only brief Lot/Item details will be shown under Lot Name on the Auction Floor where Bidders are required to bid. The complete Item Details can be seen by the Bidders by clicking on the respective Item hyperlinked under Lot Name and it shall be the responsibility of the Bidders to see the Item Details before bidding and no representation / complaint in this regard will be entertained by MSTC / Seller from the Bidders.
e)UNIT OF MEASUREMENT (UOM) FOR BIDDING, SALE & DELIVERY: Each Lot will have to be bid, sold and delivered on the basis of Unit Of Measurement ( i.e. UOM ) stipulated in the Material List displayed on the Auction Floor of View Live Auctions. Any representation/complaint from the Bidders for the Bid to be made/having been made on the basis of any other Unit of Measurement will not be entertained.
f) TAXES AND DUTIES : Normally all sale will be treated as Local Sale & the Buyer shall have to pay Goods & Service Tax as per the Local Goods & Service Tax Act/Rules/Tariff of the concerned State applicable on the date of delivery. The rate of GST, Income Tax, Education Cess or any other statutory Duty/Tax/Levy/Charge etc. will be applicable and payable by the Buyer as prevailing on the date of actual physical delivery of materials. The rates of Duties and Taxes displayed on the e-Auction Website are only indicative and based on the rates prevailing before the commencement of the e-Auction. Successful Bidders shall have to pay Income Tax by way of TCS @1.0% on all Scrap items purchased for trading as per Section 206 C of IT Act 1961. The TCS will be calculated on the gross Sale Value i.e. Materiel Value plus GST.
g) DEACTIVATION OF PASSWORD: If the successful highest Bidder for both Confirmed or STA sale, fails to pay the Post-Bid EMD/SD in time, then his Password will be deactivated and shall normally be DEBARRED for a minimum period of 6 (six) months from participating in all e-Auctions and disposal sales by MSTC on behalf of this Seller and, his Registration Fee will be forfeited. While considering his request for reactivation which will be at the sole discretion of MSTC, all facts including the number of Seller/ e Auctions / Lots for which he had failed which are germane will be taken into account.
h) SALE OF UNSOLD LOT: MSTC at its sole discretion may take recourse to any of the following options for sale of the unsold Lot: a)The Unsold Lot may be put up for re-e Auction at the sole discretion of MSTC without Pre-Bid EMD (Earnest Money Deposit) OR with Pre-Bid EMD as may be deemed fit by MSTC.
h) MSTC may take any other action in consultation with the Seller.
i) DELAYED PAYMENT OF POST-BID EMD/SD: Delayed payment of Post-Bid EMD/SD may be accepted depending on the circumstances of the case or urgency of disposal with/without penalty as may be deemed fit by MSTC/Seller. This shall however not confer any right to the Bidder to make any Late Payment of Post-Bid EMD/SD.
j) CALCULATION OF GROUND RENT FOR DELAYED LIFTING :In case of Goods sold on Lot Basis, the Ground Rent will be calculated at the rate specified above on the value of the entire Lot even if lifted in part, where as in case of Goods sold on Unit Weight or Unit Number Basis, the Ground Rent will be calculated on the value of unlifted quantity However it must be noted by the Bidders that it will be the sole discretion of the Seller not to allow the Buyer to lift the Goods with or without the Ground Rent after the expiry of the stipulated free Delivery period or even within the aforesaid additional period of 14 (Fourteen) Days and in such event, the sale of the material not lifted by the Buyer(s) will be automatically cancelled and all the moneys paid by the Bidder /Buyer will be automatically forfeited.
k) REMOVAL OF SOLD MATERIAL: The materials sold shall be removed by the Buyers from any one side of the Lot as per the sole direction of the Seller and no segregation/pick and choose of items from the sold Lots will be permitted. For the purpose of removing the materials, the successful Bidder shall employ or engage only his / their own personnel at their own cost and shall keep the Seller fully indemnify against any claims whatsoever including claim for wage, injuries, compensation, death etc. They must follow all safety rules in this connection wherever applicable. The buyer shall be liable for any violation of such rules.
l) DISMANTLING OF MATERIAL FOR LOADING: In case any cutting permission is required for dismantling operations, the same will have to be obtained by the Buyers from the Seller's authorized representative and it will be sole discretion of the Seller to allow or not to allow such cutting permission. In case such permission is granted by the principal, such operation has to be undertaken at buyers cost and risk only, to the extent of facilitating the loading and transportation of the goods. They must follow all safety rules in this connection wherever applicable. The buyer shall be liable for any violation of such rules.
m) ACCIDENT DURING DISMANTLING/REMOVING/LOADING/TRANSPORTATION AT Sellers PREMISES: While dismantling/ removing/loading/transportation of materials at sellers premises ,if any accident or damage to the property/life etc. arises by reason of any act of negligence /omission /default or non-compliance with any of the Terms & Conditions of statutory regulations or rules and regulations applicable or otherwise on the part of the Bidder's / his representative or employees resulting in death or injury to any persons or damages to the property of Seller or any third Party then in such an event the Bidder will have to pay compensation to any such person including the employees of Seller for such injury / for damage to person's property of such persons. The Bidder shall in such & event keep the Seller fully indemnified from any demand, claims or proceedings made by any party.
n) EXPORT OF GOODS: In case of Goods belonging to Defence Depots/Units under Ministry of Defence and Ordnance Factories, participation in the e Auction by the Bidders shall be deemed to imply that the Bidder undertakes not to export the Goods outside the territory of India, unless otherwise permitted by the seller, failing which the sale will be liable for cancellation.
o) Buyers Ambit: The Bidder(s) shall have no right to issue any addendum to these Special Terms and Conditions or Buyer Specific Terms and Conditions to clarify, amend, supplement or delete any of the conditions, clauses or items stated therein.
p) Decision: MSTC / Seller reserves the right to accept / reject any offer / bid, withdraw from sale, the materials offered for sale in full or part thereof prior to or after the acceptance of the bid without specifying any reason thereof JURISDICTION: All disputes of differences arising out of this contract shall have to be decided only by the courts or Tribunals situated in Lucknow, UP.