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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
a)This e-auction is being conducted
As
per Notification No.36/2017 Central Tax (Rate) dated 13-10-2017 and Notification
No.37/2017 Integrated Tax (Rate) dated 13-10-2017, Principal / Seller being
Govt. Unit, applicable GST rate and applicable Cess on Goods will be deposited
by Buyer under Reverse Charge Mechanism directly with concerned authority.
Buyer shall submit a copy of challan duly stamped and signed by the
designated authority accepting the deposit of GST towards the proof of deposit
of GST at the time of lifting of material from site. Principal / Seller has to
collect the true copy of GST Certificate from Registered Buyers before delivery
of Goods to them.
The Goods & Service Tax (GST) is implemented with
effect from 01st July 2017 in India. Accordingly, VAT / Sales Tax will be
discontinued and these taxes will be subsumed to GST. GST will be payable on all
goods (whether scrap or otherwise).
Hence all Buyers / Bidders having VAT
Registration (TIN) need to register with GST for continuing transactions. Copy
of certificate mentioning GST Registration Number needs to be submitted with the
respective office of MSTC Ltd. (from where Registration was done) for updating
Buyer Registration details. MSTC / Seller will not be able to issue any Sale
Order / Delivery Order / Invoice, etc. wherever GST Registration Number is not
updated. Further the existing VAT / Sale Tax Rate shall be replaced by GST Rate
and differential tax, if any, will be paid by or refunded to Buyers.
b)Print/Signed copies of AL/DO will not be issued. AL/DO will be send by email
only ,Bidders in their own interest should check their e-mail regularly
regarding any communication related to the specific e-auction.
MSTC will
not be responsible for deactivation of the bidders log in because of delay in
receipt of communication from the seller/Principal regarding receipt of EMD in
sellers account. In case the bidders log in is deactivated because of delay in
communication from the seller, then bidder will directly take up the matter with
the seller for giving communication to MSTC regarding receipt of EMD in their
account. MSTC will issue AL/SO and activate log in of the buyer (in case it is
deactivated) on getting written communication from registered official email of
the seller.
MSTC will not be responsible for delay in issue of delivery
order or imposition of penalty because of delay in receipt of communication from
the seller/Principal regarding receipt of the balance material value in sellers
account. In case late payment charges become applicable because of delay in
communication from the seller ,then bidder will directly take up the matter with
the seller for giving communication to MSTC regarding issuance of DO with or
without late payment charges. MSTC will issue DO on getting written
communication from registered official email of the seller regarding receipt of
balance material value in their account and decision of seller regarding waiver
of late payment charges (in case of delayed communication from the seller) is
final.
1.0 E-auction bids are invited for sale of above items on As is
where is basis and "no-complaint" basis only. Any quality/quantity issues will
not be entertained later.
2.0 The word SELLER/PRINCIPAL wherever
appearing means EPFO HYDERABAD or its authorized representative.
3.0 The
word MSTC wherever appearing means the MSTC LIMITED, HYDERABAD hereinafter
referred to as SELLING AGENT OF SELLER.
4.0 The Word BIDDER wherever
appearing means, firm or Company or any person duly registered with MSTC for the
purpose which is interested in participating and purchasing the materials put up
for sale in this e-auction.
5.0 The Word PURCHASER/BUYER wherever
appearing means, firm or Company or any person duly registered with MSTC for the
purpose, whose rate has been accepted by the SELLER/PRINCIPAL and the sale order
has been issued in his/her favor.
6.0 This E-Auction sale is governed by
the
GENERAL TERMS & CONDITIONS (GTC),
BUYER SPECIFIC TERMS &
CONDITIONS (BSTC) AND
THE SPECIAL TERMS & CONDITIONS (STC)
of the
e-auction. In case of any conflict or difference among any provisions of GTC,
BSTC & STC, the provisions of STC will supersede others in the particular
e-auction.
7.0 The Special Terms & Conditions appearing on the day of
e-auction under VIEW LIVE E-AUCTION are final and which may be downloaded.
8.0 E-Auction opening time, closing time, inspection schedule and other
dates & times mentioned in the e-auction catalogue may be treated as (IST)
Indian Standard Time only.
9.0 The Buyers/Bidders who are interested to
purchase the product under sale through e-auction should get themselves
registered with MSTC as buyer for e-auctions before commencement of e-auctions.
10.0 RATE: - The Bidder shall quote/offer online on MSTC site on UOM (Unit
of Measurement) basis exclusive of applicable levies. Applicable levies and
duties during the pendency of the contract will be charged extra as ruling on
the date of dispatch. Any increase/decrease in levies etc or imposition of any
new duties & taxes by Statutory Authorities would be on the account of
successful bidder(s) and payable by the successful bidder(s).
11.0
CONTACT PERSONS:
11.1. Seller/Principal: Officer in Charge at EPFO
Mr V Sundara Siva Rao , Enforcement Officer (M.No.-+919704088958)
Mr K.Sudheer, Enforcement Officer (M.No.-+917013364300)
11.2
MSTC LIMTED, HYDERABAD: Mr SIDDHARTH VARADI (DM), Contact no.040-23301039,49 ,
e-mail id: svaradi@mstcindia.co.in/hydopn1@mstcindia.in . Address: MSTC
Limited, (A Government of India Enterprises) Door. No. 5-9-13,701 to 706, 7th
Floor, Taramandal Complex, Saifabad, HYDERARAD 500 004.
12.0 The material
list STC displayed under view forthcoming auctions on MSTC's e-auction website
is tentative and subject to change at the sole discretion of MSTC/Seller before
the start of e-auction. Bidder(s) should, therefore, download the material list
and STC displayed only under view live auctions for their record purpose, if
required, and bid accordingly.
13.0 MSTC/Seller shall have the right to
issue addendum to the GTC or BSTC or STC to clarify, amend, modify, supplement
or delete any of the conditions, clauses or items stated therein and the
Addendum so issued shall form a part of the original STC.
14.0 INSPECTION
OF LOT/DATE OF E-AUCTION:
14.1 For inspection of materials, the
interested Bidders may contact the stock holder as per inspection schedule.
14.2 The interested bidders should produce MSTC e-auction Photo ID Card to
the PRINCIPAL will be permitted to inspect the lots which are at respective
places shown above in the presence of concerned Officer or as specified contact
person. Any clarification required may be sought by the Bidders from the
PRINCIPAL at the time of inspection, and no dispute regarding the material or
its physical conditions / location will be entertained thereafter.
14.3
For inspection of materials, the seller/company name, date of commencement of
inspection, name of contact official with their contact details are as mentioned
above.
14.4 The buyer has to satisfy himself about the quality, quantity,
duration (old or new) and conditions of the materials.
14.5 The auctioned
items are being sold as SCRAP through e-auction and the word Material wherever
appearing means Confiscated goods/seized goods by EPFO or its authorized
representative.
15.0 MSTC/Seller reserves right to stop/postpone/cancel
the e-auction at any stage without assigning any reason there for.
16.0
MSTC/Seller reserves right to modify/alter/cancel any of the above mentioned
Terms and Conditions pertaining to the e-auctions as and when required.
17.0 BIDDING PROCESS:-
(i) The bid value shall be the basic price of the
material exclusive of all applicable levies, Duties etc., in per UOM in INR.
(ii) Each e-auction lot is a separate entity for bidding. Bidders have to
bid separately for each e- auction lot.
(iii)Auto Extension: E-Auction
period will normally be of 4(four) hours duration subject to automatic
extension. If any bid is received during the last 8 (eight) minutes before
scheduled close of auction for any lot, its close time will get automatically
extended by 8 minutes from the time of last bid in order to give equal
opportunity to all bidders. Bidding will close for a particular lot either at
the scheduled close time or till there will be a period of 8 (eight) minutes
during which no bid has been recorded,whichever happens later.
iv) Bid
Increment: While during normal and in the extended period of e-auction, bidders
can increase bid minimum by Rs.10000/-(One)/UOM or in multiple of Rs.10000/-
(One)/UOM.
v) Auto bid facility: In the e-auction, a bidder may give
instruction to the computer to increase his bid by a fixed amount by clicking on
the Auto bid button. Once the bidder clicks on the Auto bidbutton, the computer
will ask for incremental value and maximum amount he is willing to bid. The
bidder has to fill up these values and submit.
18.0 SELLER/MSTC will not
provide any computer terminal for bidders and it is the whole responsibility of
the bidders to arrange themselves.
19.0 The buyer(s) should not transfer
the offer awarded to him/her/them to others and also no sub-contract is allowed.
In case of deviation of any of the e-auction conditions, the offers shall be
cancelled besides forfeiting the deposit amount and imposing penalty as decided
by SELLER or its authorities.
20.0 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 must be made accordingly. Immediately
after closing of e-Auction, 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.
21.0 It is the responsibility of the bidder to verify the
status of his bids and pay the post bid EMD accordingly.
22.0 PAYMENT OF
post bid EMD: Successful Bidders/Buyers, for accepted lots, have to deposit the
post bid EMD, within 7. days from the date excluding the closing of e-auction.
The buyer has to deposit POST BID EMD equivalent to 25% of quoted Basic value of
the accepted lots & for the lots accepted from STA in the form of RTGS/NEFT to
"EPFO HYDERABAD payable at "HYDERABAD" on any scheduled bank. If the last date
of payment happens to be the Bank/MSTC Holiday, the payment will be accepted on
the next working day without late payment charge.
22.1 This post bid emd
in any case shall not carry any interest and the same shall be adjusted towards
part of the material value in the final installment/balance payment.
22.2
The H1 buyers for Lots under STA have to submit Post Bid EMD after approval from
seller.
22.3 Non-payment will result in automatic deactivation of Bidders
Password.
22.4 Although immediately after closing of e-Auction, a system
generated automatic Sale Intimation Letter will be issued by e-mail to the
Successful buyer. 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 will have to be made within the stipulated time. Buyers must,
therefore keep a watch on their incoming e-mail. No hard copy of the Sale
Intimation Letter (for Confirmed or STA) will be issued by MSTC.
22.5
After receipt of post bid emd from the buyers, MSTC Ltd will issue Acceptance
letter to them. Buyers are to be noted that such Acceptance Letter will be
issued by MSTC only for the purpose of record and payment of balance sale value
along with taxes and duties must be made within the above specified time. If the
last date of payment happens to be the Bank/MSTC Holiday, the payment will be
accepted on the next working day without late payment charge.
23.0
DEFAULT IN PAYMENT OF POST BID EMD: In case the successful Bidder fails to pay
post bid EMD, the buyer s login will be de-activated from participating in all
e-Auctions conducted through MSTC Ltd across India irrespective of sellers for a
minimum period of 6 (six) months. After expiry of this deactivation period and
due considering their request for reactivation which will be at the sole
discretion of MSTC Ltd, all facts including the number of PRINCIPALS /
e-Auctions / Lots for which he had failed will be taken into account. The unsold
Lot may be put up for re-Auction after receipt of confirmation from seller.
24.0 PAYMENT OF BALANCE SALE VALUE WITH TAXES AND DUTIES:
In case of
sold / confirmed lots the buyer will have to deposit balance material/Sale value
within 15 calendar days from the date of acceptance of LOT, in the form of
RTGS/NEFT as per break up given in acceptance letter.
Bank Details of
EPFO:
Bank Details
Bank Name :STATE BANK OF INDIA
Branch :BHEL R&D
FEROZGUDA
A/c No : 34945382073
IFS Code :SBIN0006300
25.0
DEFAULT IN PAYMENT OF BALANCE PAYMENT: In case of default in payment of the
balance Sale Value within the prescribed time limits, the due payment may be
made together with late payment charges @ 1% per week or part thereof calculated
on the material Value for a period of two weeks. However, this shall not confer
any right to the Bidder to make any Late Payment of Balance Sale Value or
applicable Duties and Taxes. Seller reserves the right, not to accept the
payment of the Balance Sale Value with or without additional charges 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 Post bid EMD of particular lot
will be forfeited.
26.0 DELIVERY ORDER: On receipt of balance payment
towards sale value along with taxes and duties, delivery order will be issued
indicating the delivery period as under: The period of delivery will be 30
calendar days counted from the date of issue of Delivery Order including date of
issue of Delivery Order. If the last date of delivery happens to be the closed
Holiday for seller, the delivery will be allowed on the next day without ground
rent.
27.0 DELIVERY OF MATERIAL: For the purpose of taking delivery from
the Seller's Location/Depot/Plant, the authorized representative of the Buyer
i.e. the authorized Photo ID Card Holder should report to the Seller along with
his original Photo ID Card or the said Photo ID Card Holder may depute any other
Representative along with Authority Letter on Buyers Letter-Head after duly
attesting the signature of his Representative along with a Self
Certified/Notarized 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.
28.0 DEFAULT IN DELIVERY: In case of delay
in lifting beyond the above specified period, ground rent @1% per week
calculated on material value 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.
29.0
GENERAL:
a)VALIDITY OF BIDS FOR ACCEPTANCE FROM STA: All Bids will be
valid for acceptance for a period of 30 days from the date of closing of
e-Auction, excluding the date of closing. In case the 30th day falls on a
holiday or remains closed for Seller, such Bids will be deemed to be
automatically extended to be valid up to the next working day of seller. If
seller needs to accept the bid beyond above specified time, then they have to
take consent from buyer for extension of H1 offer/bid. If buyer denies to extend
bid validity, then seller has no option to accept and demand for payment from
buyer and the particular lot shall be put for re-auction with prior consent from
seller.
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) 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 0s /No of Digits/Unit of Measurement etc.) 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.
d) 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.
e) TAXES AND DUTIES: The GST
rate, 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.
30.0) 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 indemnified 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.
31.0) 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.
32.0) 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 and event keep the Seller fully indemnified from any demand, claims or
proceedings made by any party.
33.0 SALE OF HAZARDOUS WASTE TEMS:
33.1) Sale of Hazardous Waste items, namely Waste/used Oil and specified
categories of Non-Ferrous Metal Waste will be governed by the Hazardous Wastes (
Management and Handling ) Rules, 1989 and its amendments, of the Central
Government. Under Rule 7 (sub-rule 6) of the Hazardous Wastes Rules, in case of
transport of hazardous wastes to a facility for treatment, storage and disposal
existing in a State other than the State where hazardous wastes are generated,
the occupier shall have to obtain No objection Certificate from the State
Pollution Control Board or Committee of the concerned State or Union territory
Administration where the facility is existing. Notarized copy of such NOC must
be submitted before issue of delivery order within the specified time. The lots
shall be delivered by the seller/owner to the successful MOEF/CPCB registered
buyers after receiving the above NOC and also making necessary endorsement in
respect of the quantity transacted in the original letter of MOEF/CPCB
registration and Photostat copies of the endorsement shall be furnished to their
State Pollution Control Board by the seller/owner.
33.2) Sale of
Batteries shall be governed by the Batteries (Management and Handling) Rules,
2001 of the Central Government.. The lots shall be delivered by the seller/owner
to the successful MOEF/CPCB registered buyers after making necessary endorsement
in respect of the quantity transacted in the original letter of MOEF/CPCB
registration and Photostat copies of the endorsement shall be furnished to their
State Pollution Control Board by the seller/owner.
33.3) Sale of e-waste
shall be governed by the e-waste (Management and Handling) Rules, 2016 of the
Central Government. For Hazardous waste like e-waste, only those firms, which
are registered as Recycler/dismantler of HAZARDOUS wastes/e-waste with ministry
of Environment & Forest Central/State Pollution Control Board and fulfilling the
conditions under rule 7 and 8 will be allowed to participate in the e-auction.
33.4) If the validity of Bidders MOEF/ CPCB Certificate expired on the
Starting Date of e-Auction, then there is likelihood of his Password being
deactivated. Therefore, interested bidder must ensure to produce a valid
MOEF/CPCB renewal certificate photocopy to MSTC along with its original for
verification and return to get his Password duly activated before the Starting
Date of e- Auction. Wherever after the award of the lot, validity of MOEF/CPCB
Certificate expired, the bidder must submit copy of such certificate duly
renewed by MOEF/CPCB within the stipulated time of payment of Balance Sale Value
failing which the payment will not be accepted and the pre/post bid EMD
whichever is higher will be forfeited.
34.0) 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.
35.0) 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.
36.0) ARBITRATION: In the
event of any dispute and/or difference arising between the Purchaser /Buyer
and/or their Agent/Seller as to the construction, interpretation and or
execution of the contract and/or execution of the contract and/or the respective
rights and liabilities of the parties, interrelating to the e-auction / sale of
property interpretation and application of any of the terms & conditions of
e-auction arises such disputes and/or differences shall be referred to the Sole
Arbitration of the Chief Executive of the Principal for a Company registered
under the Companies Act in case of a PSU/PSB, the Head of the Department in case
of a Govt. Department. Ordnance Factory Board Units/Defense Units, who may act
himself or nominate in his stead any officer subordinate to him not below the
rank of General Manager/Director in the Govt. Dept. who shall act as the Sole
Arbitrator. The provisions of the Indian Arbitration Act, 1995, and the Rules
amended time to time there after shall apply to such Arbitration. The award
passed by such Sole Arbitrator shall be final and shall conclusively bind all
the parties.
37.0)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.
38.0) FORCE
MAJEURE: Seller/Principal shall not be liable for any failure or delay in
performance due to any cause beyond their control including fire, floods,
strikes, go-slow, lockout, pestilence dispute with staff, dislocation of normal
working conditions, war, riots, epidemics, political upheavals, government
actions, civil commotion, breakdown of machinery, shortage of labour, acts and
demands or other cause conditions beyond control of aforesaid courses or not and
the existence of such cause or consequences may operate at the sole discretion
of Seller/Principal to extend the time of performance on the part of the
Seller/Principal by the period as may be necessary to enable Seller/Principal to
effect performance after the cause of delay will have ceased to exit.
39.0) CAVEAT EMPTOR: i). The quantity, quality, measurement and condition of the
materials indicated are all approximate. Participation and bidding by anyone in
this sale shall be treated as conclusive evidence of the fact that the party has
inspected the materials offer for sale and satisfied himself in all respect
regarding quantity, quality, measurement, weight and condition of materials,
taxes and duties, local working condition and other extraneous factors and
principle of Caveat Emptor (let the buyer beware) will apply.
Principal/MSTC does not give any warrantee or guarantee for the quality,
chemical composition of the lot or about the end use or fitness for a particular
purpose. The break ups of the quantities given in the material list are only
indicative and without any guarantee. No complaint whatsoever about any shortage
shall therefore be entertained.
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