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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
DEALING OFFICER: ASSISTNAT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION THEVALLY KOLLAM,-691009, INDIA, Mod:8086395132,Email: aeebsklm@gmail.com
DEALING OFFICER AT MSTC LTD,TRIVANDRUM BRANCH
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NAME
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Mr.Siddharth Krishnan, Manager
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OFFICE ADDRESS
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1st Floor, BSNL CTO Building, Opp Kerala State Secretariat,
Mahathma Gandhi Rd, Statue, Thiruvananthapuram-695001
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Phone
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0471-2326686/9867566097
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Email
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siddharthk@mstcindia.co.in
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OFFICE HOURS
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10 AM - 5 PM
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"Buyer / Bidder will have to deposit the material value in the Bank Account of Seller / Principal or through DD favouring Seller / Principal and not in MSTC's Bank Account. Only Service Charge favouring MSTC will be deposited in MSTC's Bank Account. If Buyer / Bidder deposits the payment favouring the Seller / Principal in MSTC's Bank Account, it will be refunded back to Buyer's / Bidder's Bank Account."
BANK DETAILS OF PWD BILDINGS SUB DIVISION THEVALLY KOLLAM/THEVALLY,BANK NAME : State Bank of India, BRANCH : Kollam Civil Station, A/C NO : 67350306215,IFSC CODE : SBIN0070053
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.
With the implementation of Goods & Services Tax (GST) w.e.f 01st July 2017 in India, VAT / Sales Tax will be discontinued and these taxes be subsumed in GST. GST will be payable on all goods (whether scrap or otherwise). Hence all Buyers having VAT Registration (TIN) need to register with GST for continuing transactions. Copy of certificate referring GST Registration Number needs to be submitted with MSTC for updating Buyer Registration details. MSTC/Seller will not be liable to issue any Sale Order / Delivery Order/ invoice etc wherever GST Registration Number is not submitted.
GST rates as indicated in this e-auction catalogue are only indicative. Actual GST rate as applicable on the date of lifting shall be applicable. Bidders are required to satisfy themselves about GST rate through their own sources/means before bidding in this e-auction and any discrepancy should be intimated to MSTC / Seller at least one working day prior to the e-auction. No complaint from any bidder thereafter, regarding any variation will be entertained after the e-auction goes on live floor. Nonpayment of sale proceeds on the ground of any discrepancy of GST rate will be treated as default and action as deemed fit including but not limited to forfeiture of EMD/SD will be taken against the bidder.
1 . PWD BILDINGS SUB DIVISION THEVALLY KOLLAM/THEVALLY, THEVALLY, KOLLAM, 691009, Kerala, INDIA, 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 60 (SIXTY) days from the date of closing of E-Auction, excluding the date of closing. In case the 60th 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: As per the details provided in the material list.
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.
- 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. 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 the concerned department. The present rate of GST applicable is indicated in this E-Auction list. GST rates as indicated in this e-auction catalogue are only indicative. Actual GST rates as applicable on the date of lifting shall be applicable. Bidders are required to satisfy themselves about GST rate through their own sources/means before bidding in this e-auction and any discrepancy should be intimated to MSTC / Seller at least one working day prior to the e-auction. No complaint from any bidder thereafter, regarding any variation will be entertained after the e-auction goes on live floor. Nonpaymentof sale proceeds on the ground of any discrepancy of GST rate will be treated as default and action as deemed fit including but not limited to forfeiture of EMD/SD will be taken against the bidder.
The e-Auction shall be conducted under REVERSE CHARGE MECHANISM. Buyers are requested to Read the below mentioned terms and conditions carefully before participating in the e-Auction.
As per the latest notifications- Notification No. 36 /2017-Central Tax (Rate) and Notification No. 37 /2017- Integrated Tax (Rate) both dated 13/10/2017 issued by Department of Revenue, Ministry of Finance, Government of India available in CBEC website notifications section; e-Auction of scrap/used materials is allowed by Reverse Charge Mechanism. Under Reverse Charge Mechanism, the Buyer bears the responsibility to submit the requisite GST mentioned in the Sale Order / Delivery Order to the relevant GST authorities and get GST Challanagainst the same. Buyer also needs to generate the GST Invoice to submit it to the Seller before taking Actual Delivery. Buyer has to file required GST Returns accordingly.
Under Reverse Charge Mechanism it is the sole responsibility of the Seller to collect the following documents before allowing Delivery:
a) True Copy of GST Registration Certificate of the Buyer.
b) GST submission challan for the value of GST as shown liable in the Sale Order / Delivery Order.
c) GST Invoice from the buyer showing proper description of material, rate, taxes, value, GST TIN of the buyer, properly sealed and signed by the buyer.
It may please be noted that in case of any irregularity in the submission or filing of taxes/returns by the buyer, the dispute has to be resolved between the Seller and the Buyer and MSTC Limited shall in no way be held liable / responsible for the same.
Any change in GST rate due to Govt notification/erroneous entry will be applicable at the time of payment. The rate given is as per the CBEC notifications which are subject to change
FOR VEHICLES: VEHICLES ARE BEING SOLD ON AS IS WHERE IS BASIS: IT IS THE RESPONSIBILITY OF THE BIDDER TO ASCERTAIN THE PRESENT CONDITION OF THE VEHICLES IN ALL RESPECTS. THE SUCCESSFUL BIDDER SHALL MAKE NECESSARY ARRANGEMENTS FOR OBTAINING NECESSARY CLEARANCES FROM THE CONCERNED RTO AUTHORITIES REGARDING NAME TRANSFER / OBTAINING CLEARANCE CERTIFICATE / REGISTRATION CANCELLATION ETC BY PAYING NECESSARY CHARGES /TAXES /INSURANCES ETC.IF ANY (PRESENT OR PREVIOUS TO THE CONCERNED AUTHORITIES, THE PRICES QUOTED BY THE BIDDER FOR THE VEHICLES SHALL BE EXCLUSIVE OF ANY SUCH CHARGES/TAXES/INSURANCES ETC. IF ANY PAYABLE BY THE SUCCESSFUL BIDDER TO THE CONCERNED AUTHORITIES i.e. RTO/INSURANCE AGENCIES ETC. VEHICLE WILL BE HANDED OVER TO THE SUCCESSFUL BIDDER(S) ONLY AFTER RECEIPT OF FULL PAYMENT & CHANGE OF OWNERSHIP IN FAVOR OF SUCCESSFUL BIDDER(S) BY THE RTO AT THE COST & ARRANGEMENT OF THE BUYER. IN THE CASE OF OUTSTATION BUYER(S), HE/THEY HAS/HAVE TO OBTAIN NOC FROM THEIR CONCERNED RTO AND TO PRODUCE THE SAME TO THE SELLER FOR THE PURPOSE OF DELIVERY OF THE VEHICLE(S).
FDT/IT/TCS/Any other applicable tax can be collected from the bidder before effecting delivery .Bidder has to be deposit either to seller account or to appropriate authority and proof of deposit has to be submitted before effecting delivery
9. TAX COLLECTED AT SOURCE: Successful Bidders shall have to pay Income Tax by way of TCS @1.0% plus 10% Surcharge and 2% Education Cess or as applicable 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. Material Value plus GST .
10. EARNEST MONEY DEPOSIT: 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 (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, by online transfer directly to the seller. The same may be intimated to seller as well as MSTC, 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.
For STA Lots : The bidder has to deposit EMD equivalent to 25% of quoted Basic value of the lots within 3(Three) days from the date of acceptance of the lot by the seller by online transfer directly to the seller. The same may be intimated to seller as well as MSTC, 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.
- ISSUANCE OF SALE ORDER: On receipt of EMD at any offices of MSTC under intimation to MSTC, Trivandrum a sale Order will be issued by MSTC for sold lots.
12. PAYMENT: 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) by online transfer directly to the seller. The same may be intimated to seller as well as MSTC. Any statutory variations of rate of Taxes/Duties are to be borne by the purchaser.
THE SERVICE CHARGE TO MSTC HAS TO BE PAID THROUGH THE e-PAYMENT LINK PROVIDED AT THE BUYER'S HOMEPAGE (AFTER LOGGING IN) IN MSTC's e-COMMERCE SITE. After making the e-payment the transaction details have to be intimated to MSTC for verification and further necessary action.
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.
DELIVERY TERMS: The Delivery Orders will be issued after receiving of the above mentioned payments. Delivery has to be taken within 30 (thirty) calendar days from the date of the DELIVERY ORDER (excluding the date of issue) and the same includes the time period required for receiving the payment by Principal from MSTC and realization of the same.
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.
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 ITEMS / LOTS COMPRISING HAZARDOUS WASTE: Sale of Hazardous waste Items will be governed by the following procedures in addition to Guidelines / Notifications issued by the Pollution Control Board (CPCB) / Ministry Environment & Forests (MOEF) and State Pollution Control Board from time to time:
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 have to be submitted for verification.
(a) Sale of Old Batteries/Lead Acid Batteries will be governed by the Batteries (Management & Handling) Rules, 2001 and its subsequent Amendments.
(b) 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.
(c)Sale of e-Waste items will be governed by E-Waste (Management and Handling) Rules, 2011 and its subsequent amendments.
(d) The Bidders must submit a Notarized Copy of the Valid Registration Certificates issued by the State (or Union Territory) Pollution Control Board (PCB) and produce the same to Seller at the time of taking delivery of the materials, failing which their bid will be liable for rejection. The buyer shall produce the original registration Certificates/Pass Book issued by State PCB/CPCB to the PRINCIPAL at the time of taking delivery for verification.
(e) In case of sale involving inter-State movement of goods, the Buyer shall also submit a No objection Certificate (NOC) from the concerned State PCB with whom the Buyer is registered to the Seller before taking delivery, failing which the Buyer will be responsible for all the consequences and the Seller shall take further decision as may be deemed fit by them.
(f) Seller/MSTC reserves its right to demand copy of any other document/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.
(g) The bidder shall be responsible for ensuring that all Registration Certificates issued by State PCB / CPCB / MOEF 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. MSTC / PRINCIPAL at its sole discretion may ask the bidder to extend the validity period of their Registration Certificate for a suitable period as deemed fit by MSTC / PRINCIPAL and in such event the bidder shall be bound to do so, failing which their Bid/Contract may be rejected / cancelled at the sole discretion of MSTC / PRINCIPAL and no complaint in this regard will be entertained from the bidder.
(h) The used/waste oil shall be taken delivery on as is where is condition and no complaint basis. Separation of Oil & water etc. shall not be allowed at site.
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 and boxes, 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. 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, 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 PSUs; the Head of the Department in case of a Govt. Department. Ordnance Factory Board Units/Defence Units, who may act himself or nominate in his stead any officer subordinate to him or of MSTC being 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 there under shall apply to such Arbitration The award passed by such Sole Arbitrator shall be final and shall conclusively bind all the parties
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.
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.