|
NAME |
KN Balachander,dm |
|
OFFICE ADDRESS |
19/5 &19/6, 3RD FLOOR, KAREEM TOWER, CUNNINGHAM ROAD,
BANGALORE -560052 |
|
Phone |
080-22260054/22266417/22379145 Extn:108;
Mob: 9849753636 |
| Email |
knbalachander@mstcindia.co.in |
|
OFFICE HOURS |
10 AM - 5 PM |
THE E-AUCTION SALE IS GOVERNED BY THE GENERAL TERMS & CONDITIONS (GTC), BUYER
SPECIFIC TERMS & CONDITIONS (BSTC) AND SPECIAL TERMS & CONDITIONS (STC) OF THE
E-AUCTION. INCASE OF ANY CONFLICT OR DIFFERENCES AMONG ANY PROVISIONS OF GTC,
BSTC & STC, THE PROVISIONS OF STC WILL SUPERCEDE OTHERS IN THE PARTICULAR
E-AUCTION.
CLICK
FOR GTC
CLICK
FOR BSTC
THE TERMS & CONDITIONS INCLUDING THE LIST OF MATERIALS APPEARING ON THE DATE OF
E-AUCTION IS FINAL AND BINDING ON THE PARTICIPANT BIDDERS, THE SAME MAY PLEASE
BE DOWN LOADED FOR ANY FURTHER REFERENCE.
Quantities are indicative and may vary +/- 25%.
Sale is on "AS IS WHERE IS BASIS, CLEAN SWEEP BASIS AND NO COMPLAINT BASIS".
No complaint regarding quality, quantity, or composition of the material will be
entertained.
All the payments EXCEPT MSTC SERVICE CHARGE[EMD, , balance material value along
with GST and other tax and duties] shall be directly remitted to SELLER as per
the details given below.
Bank Details of Dempo Dairy Industries Ltd., Asangi
Bank Name :AXIS BANK
Branch :SAIDAPUR
A/c No : 505010200000426
IFS Code :UTIB0000505
After forwarding the payment through RTGS, the customer is
required to provide the UTR no., lot no., ,auction no,immediately to SELLER/MSTC
through mail, on the following mail ids:(a) dempodairy@yahoo.co.in(b) sjain@mstcindia.co.in
1. DEMPO DAIRY INDUSTRIES LTD, the owner / seller, will be hereinafter referred
to as Principal and MSTC Ltd., the Selling Agent of Principal will be
hereinafter referred to as MSTC. Wherever the word Buyer, Purchaser, Successful
Bidder are indicated, it will be referred to as Successful Bidder.
2. VALIDITY OF BIDS: All bids will be valid for acceptance by MSTC for a period
of 30 (THIRTY) 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 MSTC,
such bids will be deemed to be automatically extended to be valid upto the next
working day of MSTC.
3. INSPECTION: Contact Person for DEMPO DAIRY INDUSTRIES
LTD:
Person: VIJAYKUMAR A KAGI
Desig : AM (ENGG)
Telephone: 9591806256
eMail: dempodairy@yahoo.co.in
The intending bidder or his authorized representative may inspect the materials
as per the schedule mentioned above, between 10.00 hrs and 16.00 hrs on any
working day at the location specified with the prior permission from the
Principal. The detailed description of all lots including list of spare parts,
if any, are available at site.
4. The description / quality indicated are approximate and furnished to enable
bidders to quote their rates. Bidders are advised to quote their rates only
after inspection of items at site. But neither the sale could be invalidated nor
the bidder can make any claim/ compensation whatsoever on account of any defect
in description, deficiency in the quantity and quality. Notwithstanding anything
contained in the E-Auction sale notice or advertisement issued as to description
and particulars of material put up for sale, the sale is on as is where is basis
only. Principal/MSTC, do not give any assurance or guarantee that the materials
to be delivered will adhere to notice or advertisement or list. No plea or
misunderstanding or ignorance or conditions put forth subsequent to any
confirmation of sale shall be accepted. The principle of CAVEAT EMPTOR (let the
buyer be aware) will apply.
5. Conditional offers will not be accepted / entertained.
6. Goods / Equipment will be sold in as is where is condition and the whole
items shall be taken delivery from the site by the successful bidders with its
faults, errors in description if any.
7. The items shall remain in every aspect at the risk of the buyer from the time
of acceptance of his offer Principal / MSTC will not undertake any liability
whatsoever for the safe custody, protection or preservation after the sale has
been confirmed. Delivery of the lots as put up for sale, subject to change by
nature's wear and tear, will be affected by the company. No complaint regarding
quality or misdescription for the materials sold will be entertained once the
bid has been accepted.
8. GST : GST as per the prevailing tariff wherever applicable at the time of
delivery on the sale of materials covered under this E-Auction shall be payable
by the successful bidders directly to Principal at the time of taking delivery
of materials. The present rate of GST applicable is indicated in this E-Auction
list.
9. TAX COLLECTED AT SOURCE: Income tax applicable @ 1%.
10. EARNEST MONEY DEPOSIT
10.1: It is the responsibility of the Bidders to check the status of their bids
after the closing of the E-Auction and pay the EMD amount accordingly. EMD
payable within 7 (SEVEN) calendar days from the
date of closing of e-auction. The bidder has to deposit EMD equivalent to 25% of
quoted Basic value of the confirmed lots , failing which the Login of the party
will be deactivated in addition to other actions as deemed fit and the offer
will stand withdrawn. The EMD amount will be adjusted against the material
value.
All the payments EXCEPT MSTC SERVICE CHARGE[EMD, ,
balance material value along with GST and other tax and duties] shall be
directly remitted to DEMPO DAIRY INDUSTRIES LTD., ASANGI
For STA Lots : The bidder has to deposit EMD equivalent to 25% of quoted Basic
value of the lots within 7 days from the date of acceptance of the lot by the
seller failing which the Login of the party will be deactivated in addition to
other actions as deemed fit and the offer will stand withdrawn. In case of
subject to approval lots, the bids shall remain valid up to 30 days from the
date of auction.
All the payments EXCEPT MSTC SERVICE CHARGE[EMD,
balance material value along with GST and other tax and duties] shall be
directly remitted to DEMPO DAIRY INDUSTRIES LTD., ASANGI
11. ISSUANCE OF SALE ORDER: Sale orders will be issued to the highest bidder on
getting written confirmation from SELLER regarding receipt of EMD in their
account. MSTC shall not be responsible for delay in issue of Sale
Order/Acceptance letter or deactivation of the log in of the buyer ,because of
delay in receipt of communication from SELLER regarding receipt of EMD in their
account. It will be responsibility of SELLER to suitably extend the payment
time, if required, and the highest bidder will approach seller directly for
extension of payment time.
12. BALANCE PAYMENT:
12.1 In case of sold / confirmed lots the buyer will have to deposit balance
material value, after adjustment of the EMD amount, along with GST, IT and other
taxes & duties if any within 15 (FIFTEEN) calendar days
from the date of issuance of acceptance letter (Excluding the date of
issue). Any statutory variations of rate of Taxes/Duties are to be borne by the
purchaser.
All the payments EXCEPT MSTC SERVICE CHARGE[EMD, balance
material value along with GST and other tax and duties] shall be directly
remitted to DEMPO DAIRY INDUSTRIES LTD., ASANGI
In case of delay, late payment charge @ 1% per week or part thereof will be
charged upto 2 (TWO) weeks only and thereafter the EMD will stand forfeited
without any notice. In case, the last day of payment happens to be Closed
Holiday for MSTC or Banking Institutions, the next working day will be taken as
the day of payment without late payment charges.
13. DELIVERY TERMS:
13.1 : MSTC shall issue Delivery order on getting written confirmation from
SELLER regarding receipt of confirmation of balance payment as per the details
provided in the sale order/Acceptance letter. MSTC shall not be responsible for
delay in issue of delivery order, because of delay in receipt of communication
from SELLER regarding receipt of balance payment(As per sale order/Acceptance)in
their account. In case there is delay in giving confirmation from SELLER
regarding receipt of the balance payment (as per the details given in sale
order/Acceptance letter),it will be responsibility of SELLER to suitably extend
the free delivery period and the bidder will approach SELLER directly for
extension of the last date of delivery.
All the payments EXCEPT MSTC SERVICE CHARGE[EMD, , balance material value
along with GST and other tax and duties] shall be directly remitted to SELLER.
In case of delay, ground rent @ 1% per week or part thereof will be charged upto
2 (TWO) weeks only and thereafter the EMD will stand forfeited without any
notice. If the last date of delivery falls on a Closed Holiday for PRINCIPAL,
the next date of delivery will be the immediate next working day of PRINCIPAL.
Materials sold but not removed within the specified date, will become the
property of PRINCIPAL and it will have the right to dispose of such goods in any
manner as they deem fit without any notice. Wherever the materials are sold on
lot basis, the materials will be issued without weighment. Loading and
transportation charges are to be in the scope of the successful bidder at the
time of taking delivery of the items awarded.
At the time of delivery, the actual quantity may vary +/- 25% from the quantity
mentioned in the Delivery order. The customer has to lift the additional
quantity after making the requisite payment through MSTC to Principal.
13.2 : The Delivery Orders will be issued after receiving of the above mentioned
payments.At the time of delivery, the actual quantity may vary +/- 25% from the
quantity mentioned in the Delivery order. The customer has to lift the
additional quantity after making the requisite payment through MSTC to
Principal. Delivery has to be taken within 15 (FIFTEEN)calendar
days from the date of the issuance of DELIVERY ORDER (excluding the date
of issue)
14. No delivery of materials will be given on Sundays and closed holidays
observed by Principal. Materials will be delivered between 10.00 hrs and 16.00
hrs on any working day. The purchaser should intimate in writing two days in
advance as to when vehicle will come for taking out the materials. The material
will be delivered only to the successful bidder or their authorized
representatives against presentation of e-Auction Identity card issued by MSTC.
If the successful bidder desires to authorize a representative or an agent for
delivery, in such case the bidder shall produce suitable Power of Attorney or
authorization letter for each lot separately duly attested by a Notary Public
authorizing his representative or agent to lift the materials from Principal.
15. Welding / cutting works, if any can be arranged only with the prior
permission from Principal.
16. The successful bidders shall, at the time of taking delivery of the
batteries, other non-ferrous hazardous materials, etc., produce the original
letter of valid registration issued by Central Pollution Control Board &
Pollution Control Board for making an endorsement of transaction as required by
the Pollution Control Board.
17. SALE OF ITEMS / LOTS COMPRISING HAZRDOUS WASTE:
Sale of Hazardous waste Items will be governed by the following procedures in
addition to Guidelines / Notifications issued by the Central Pollution Control
Board (CPCB) / Ministry Environment & Forests (MOEF) and KSPCB from time to
time:
(a) Bidder Should be a CPCB/SPCB approved/Registered Recyclers/Reprocessor.
Bidders who are having valid CPCB registration and SPCB approval, consent for
Air &water, Hazardous waste authorization will be allowed to participate for
bidding. All documents to be submitted for verification.
(b) Sale of Old Batteries/Lead Acid Batteries will be governed by the Batteries
(Management & Handling) Rules, 2001 and its subsequent Amendments.
(c) Sale of other Categories of Hazardous Waste Items will be governed by the
Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008
and its subsequent Amendments and/or their relevant statutory Act/Rules. The
successful bidder at the time of lifting the material shall adhere to various
conditions stipulated by CPCB/SPCB including Manifest system as required under
HWM rules and subsequent amendments. The vendor also should follow the
guidelines for transportation of hazardous waste prescribed by CPCB/SPCB/MOEF
and submit necessary forms to State PCB as per HWM rules from time to time.
(d) The Bidders must submit a Notarized Copy of the Valid Registration
Certificates issued by the State (or Union Territory) Pollution Control Board
(PCB) (consent for Air &water, Hazardous waste authorization) and produce the
same to Principal at the time of participating in the bid, failing which their
bid will be liable for rejection. Only CPCB/SPCB Registered recyclers are
allowed to participate for bidding and be eligible for lifting the spent
catalyst from Principal.
(e) In case of 2 Categories Lead Acid Batteries and Non Ferrous Metal Wastes, in
addition to submitting necessary Valid Registration from the State PCB, failing
which their bid will be liable for rejection. Bidders may note that CPCB
regularly displays the list of their valid Registered Parties for these items on
their Website, namely http://www.cpcb.nic.in and the bidders may like to verify
the same before submitting their Bid. The various categories and definitions of
the non-Ferrous Metal Waste are given in the relevant Schedule of the Hazardous
Waste (Management, Handling and Transboundary Movement) Rules, 2008 as amended
by the Government by subsequent Amendments.
(f) The bidders shall be responsible for ensuring that all Registration
Certificate issued by State PCB/CPCB are kept valid for the entire period of the
contract, if awarded to them, as well as the period of processing such Hazardous
Waste Item by them. Principal/MSTC as its sole discretion may ask the Bidder to
extend the validity period of their Registration Certificate for a suitable
period as deemed fit by Principal/MSTC and in such event the Bidders shall be
bound to do so, failing which their Bid/Contract may be rejected/cancelled at
the sole discretion of Principal/MSTC and no complaint in this regard will be
entertained from the Bidder.
(g) Principal/MSTC reserves its right to demand copy of any other documents/Licence/
Certificate issued by any Statutory/Govt. Authority in favour of the Bidder, if
required, under any Statutory or State/Central Government Act/Law/Order/Rules,
etc.
(h) For Hazardous Items requiring Pollution Control Board (PCB) Registration
Certificate from the State or Central Govt. or both (as the case may be), if the
successful Bidder has/had a valid certificate which expired 30 (thirty) days
before the date of opening of e-Auction, he must submit along with the EMD, a
copy of the expired Certificate and a copy of his Application to the concerned
statutory Authority for extension with a proof of submission of such
Application. Further he must submit copy of valid Certificate within 15
(fifteen) days from the date of closing of E-Auction, failing which his Bid will
be treated as invalid. Such Certificate must remain valid/extended till the
period of processing of material after delivery. It will be deemed that the
Bidder have read and understood and undertake to abide by all the provisions of
the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules,
2008 and subsequent Amendments issued by the statutory Authorities.
18. In mixed lot, picking items at random is not allowed. Loading should be done
as a whole without choosing and picking. No packing, sorting, cutting or
breaking of goods or materials sold will be permitted unless otherwise it is
specified.
19. Principal/MSTC reserves the right to accept/reject and cancel any bid, amend
the quantity under any lot or withdraw any lot at any stage under this E-Auction
sale after acceptance of bid/issue of sale order/deposit of full sale value by
the bidder, without assigning any reason thereof and the value of such material
if paid for, shall be refundable. Principal/MSTC shall not be responsible for
any damages/loss whatsoever to bidders on account of such withdrawal, at any
stage from the E-Auction sale.
20. Principal/MSTC will not be in any way responsible for failure to deliver the
materials due to cause beyond their control such as strike, lockout, cessation
of work by labourers, shortened hours, act of GOD or other causes of other
contingencies whatsoever. The buyer shall not be entitled to cancel the contract
and the period of delivery shall automatically get extended proportionately.
21. CONDUCT DURING DELIVERY: Buyers shall solely be responsible for movement and
proper behavior of their deputies, agents, and labourers within Principal
premises. If any damage is caused to the company's property, the buyer is
responsible to make good such damage to the satisfaction of Principal, and the
decision of Principal in this regard shall be final and binding.
22. ACCIDENTS ETC. TO BUYER'S LABOURER: Principal/MSTC will not at any point of
time be responsible for any injuries caused due to accident within the
factory/premises or at the place of work salvage yard and the bidder will make
proper arrangement for medical attention and treatment to his labour
representative. The buyer will be solely responsible for any claim arising out
of the employment, injuries to labourers in the course of the employment under
any statute. It is the responsibility of the buyer to provide necessary safety
appliances (like hand gloves, tools, helmet, safety goggles, boots etc.) to the
labourers who are engaged for handling of the goods.
23. BLACKLISTING: If it is found that the bidder is not following the terms and
conditions of payment. Delivery or other conditions of the E-Auction and also
indulging in any malpractices either himself or by his agents, deputies or
observer, such bidder are liable to be blacklisted and appropriate action will
be taken as deemed fit by Principal/MSTC.
24. In the event of any dispute in connection with this sale, the decision of
Principal/MSTC shall be final and binding on the parties to the E-Auction sale.
Further any such dispute, doubts or differences of opinion arising at the time
of payment of Delivery, bidders shall agree and abide by the decision of
Principal/MSTC.
25. The purchaser shall bring their own bags, boxes, vehicles and labour at
their own cost cases or their receptacles for the removal of the auctioned items
and shall be responsible for loading, weighment of materials under supervision
of authorized official of the company.
26. No interest will be paid to the purchaser on the amount paid or deposited by
him and on the amount refundable to him, if any.
27. All quantities either by weight or measurement as mentioned in the e-Auction
sale catalogue are approximate. The payment must be made as per actual counter
weight. If the delivery of actual quantity in any lot exceeds the quantity in
the catalogue. Principal reserves the right to retain the excess quantity
material in the lot at its discretion. If the quantity in a lot on actual
weighment of count is less than the announced quantity as indicated in the
e-action material list, Principal will not make good the deficiency under any
circumstances. The purchaser thereof will be entitled to obtain a refund for the
undelivered quantity at accepted rates. No interest will be paid on the amount
of short delivered quantity.
28. In the event of any disputes or differences in connection with the contract,
Principal shall be final and binding on all parties and will be settled as per
the Indian Law in the Court Jurisdiction of Bangalore only.
29. If any foreign materials are found to be mixed in the lot, other than the
items included in the E-auction catalogue, Acceptance Letter (Sale Order), the
company reserves the right to remove the same at the time of delivery.
a) In case of MS scrap the principal found any material useful to them will not
be allowed to lift the same.
b) In case of coal dust, the coal dust shall be lifted only after screening of
the heap which is contained small pieces of coal. Before lifting the purchaser
has to arrange screening of coal dust heap in the presence of Dempo Dairy
Industries representative.
30. The terms and conditions are supplementary to the remedy available under the
law.
31. Any auctioned materials shall not be sold or parted with to any of the
employees of Principal/ MSTC.
32. The purchaser should ensure that Sales/Customs/MMD/ RTO and all other
statutory formalities as required are complied with wherever necessary and
expenses including tax/insurance charges etc. should be borne by purchaser.
Please note that in case of documents of vehicles were surrendered to the
Registration Authority purchaser have to release the same from RTO before taking
the delivery of the vehicles by observing all the formalities