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
Contact Details:
CFS Unit:
Shri. R. Sundar, Manager-Operations; Mob. No.: 8754501620; E Mail Id: sundar.ramamurthy@allcargoterminals.com
MSTC Ltd: Shri N. Shanmugam, Chief Manager; Ph: (044)-28285096 / 9176397264; E Mail Id: sroopn1@mstcindia.in
MSTC IVRS HELP DESK NUMBER: 07969066600
MSTC Ltd is mere an e-Auction Service Provider for the seller who has the ownership and physical possession of the material. Any dispute regarding quantity, quality and delivery of the materials are to be represented to the Seller and not to MSTC LTD. Applicable Taxes and Other charges at the time of Delivery to be borne by the buyer. For details contact seller.
In order to participate in bidding for lot/s which require pre bid EMD, the bidder is required to have sufficient balance in the EMD wallet provided to the bidder for the purpose. A bidder can add money to its EMD wallet anytime through e-payment mode only and by following the link Pay Pre Bid EMD provided in the dashboard. Bidders in their own interest are advised to keep sufficient balance in their EMD wallet to bid in any auction and avoid any last minute hiccup. MSTC/Seller shall not be responsible for any delay in crediting of the money in MSTCs bank account due to any reason resulting in delay in updating the EMD wallet of the bidder.
PROCEDURE FOR REMITTING PRE BID EMD PAYMENT:
1. Click on "PAY PRE-BID EMD" Link given inside your MSTC ecommerce Scrap e-Auction Login Home Page.
2. Enter the total PRE-BID amount.
3. Click on Proceed to Payment.
4. Fill the bank details of your Current/OD account registered with MSTC Limited .
5. Click proceed to Generate Challan and transfer the amount to MSTC LIMITED, Alphanumeric A/C No. available under the Beneficiary details in the generated challan.
6. The remitted amount will get automatically reflected within 2 to 3 hours in your EMD ledger available in the home page after logging in
NOTE: DON'T USE SAME GENERATED CHALLAN FOR MORE THAN ONE PAYMENT.
1.
ALLCARGO TERMINALS LIMITED, 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: 180 days from the date of auction.
3. INSPECTION: The intending bidder or his authorized representative may inspect the materials as per the schedule, between 10 AM to 1 PM only on any working day of Principal at the location specified with the prior permission from the PRINCIPAL. The bidders / customers shall carry the photo identification card issued by MSTC, without which inspection will not be permitted. In case the bidders / customers send their authorized representative for inspection, they will be permitted subject to their producing the authorization letter and photo identification card (issued by MSTC). The detailed description of all lots including list of spare parts, if any, are available at site.
NOTE: BUYER HAS TO INSPECT THE MATERIAL THOROUGHLY AND SATISFY THEMSELVES ABOUT THE NATURE, HAZARDOUS/ EXPLOSIVE PROPERTIES, IF ANY, BEFORE SUBMITTING THE BID. THE BUYER WILL HAVE TO OBTAIN NECESSARY LICENCES / CLEARANCES FOR TAKING DELIVERY OF THE CARGO. THE SELLER WILL NOT BE RESPONSIBLE FOR ANY OF THE ABOVE. IN CASE THEY COME ACROSS ANY MATERIAL BEYOND THE SCOPE OF THE DESCRIPTION OF MATERIAL, IT SHOULD BE INFORMED TO SELLER IN WRITING WELL BEFORE THE DATE OF E-AUCTION UNDER COPY TO MSTC. MSTC WILL NOT ENTERTAIN OR RESPONSIBLE FOR ANY COMPLAINTS RECEIVED ON OR AFTER AUCTION DATE. QUANTITIES ARE INDICATIVE ONLY AND THE BUYER WILL HAVE TO SATISFY HIMSELF ABOUT THE SAME. SALE IS ON "AS IS WHERE IS AND NO COMPLAINT BASIS". NO COMPLAINT REGARDING QUALITY, QUANTITY, OR COMPOSITION OF THE MATERIAL WILL BE ENTERTAINED.
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. 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. 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 beware) will apply.
5. Conditional offers will not be accepted / entertained.
6. 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. No complaint regarding quality or misdescription for the materials sold will be entertained once the bid has been accepted.
7. GST : The present rate of GST applicable is indicated in this e-Auction list. However, GST prevailing at the time of delivery, shall be payable by the successful bidders.
8. TAX COLLECTED AT SOURCE: Income tax is applicable as per the auction list.
9. SECURITY 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 Security Deposit amount accordingly. Security Deposit payable within 3 (Three) MSTC working days from the date of closing of e-Auction (excluding the date of e-Auction) in case of accepted/sold lots and 3 (Three) MSTC working days from the date of confirmation of acceptance in case of lots under STA. The bidder has to deposit Security Deposit equivalent to 25% of quoted Basic value of the confirmed lots, failing which the Login of the party will be deactivated and in addition to that other actions may be taken as deemed fit by Principal/MSTC and the offer will stand withdrawn. The Security Deposit amount will be adjusted against the material value. Wherever payment is accepted on installment basis the EMD amount will be adjusted with the last installment.
Third party payment is not accepted.
NOTE: Successful Bidder must deposit the EMD/SD in MSTCs account by generating a challan through EPAYMENT gateway available in buyers home page. The PRE-BID EMD of the successful bidder shall be forfeited in the event of non-receipt of EMD within stipulated period. Balance material value should be deposited in the Bank Account of Seller / Principal and NOT in MSTCs Bank Account for avoiding implication of TCS under GST. Only Service Charge should be deposited in MSTCs Account through MSTC
e-payment gateway. If the payment favoring the Seller / Principal is deposited in MSTCs Account, it will be refunded back to Buyers / Bidders Bank Account.
10. ISSUANCE OF SALE ORDER: On receipt of Security Deposit and on confirmation by Customs Department, Sale Order/Acceptance Letter will be issued by MSTC for sold lots.
11. PAYMENT: In case of sold / confirmed lots the buyer will have to deposit balance material value, after adjustment of the EMD/SD amount, along with GST and other taxes & duties if any, as per the Sale Order, within 5 (FIVE) MSTC working days from the date of Sale Order (excluding the date of issue of Sale Order) directly to the Seller, by Bank Transfer. Any statutory variations of rate of Taxes/Duties are to be borne by the purchaser. In case of delay late payment, Late payment charges @ 1% per week or part thereof will be charged on the balance material value, upto a maximum period of 2 (TWO) weeks only and thereafter the EMD/SD will stand forfeited without any notice. However, this shall not confer any right to the Bidder to make any Late Payment of Balance Sale Value or applicable Duties and Taxes and MSTC/Seller reserves the right not to accept the payment of the Balance Sale Value with or without the additional charges after the expiry of the due payment time as mentioned above. In case, the last day of payment happens to be a Closed Holiday for MSTC or Banking Institutions, the next working day will be taken as the day of payment without late payment charges.
12. DELIVERY TERMS: The Delivery Orders will be issued by the MSTC Limited after receiving of the above-mentioned payments. Delivery has to be taken within 7 (SEVEN) SELLER working days from the date of the DELIVERY ORDER (excluding the date of issue). Release Order/ Sale Invoice and Delivery of material will be given after realization of the payment, after filing BE/ Payment of Duties and getting Customs out of charge, by Principal.
(i) In case of delay in lifting the material, ground rent @ 1% per week will be charged up to 2 (TWO) week only and thereafter the entire amount will stand forfeited without any notice. If the last date of delivery falls on a holiday of Principal, the next date of delivery will be the immediate next working day of Principal. 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 at their sole discretion and the exercise of such discretion shall not be questioned.
(ii) Materials sold but not removed within the specified date will become the property of the Principal and it will have the right to dispose of such goods in any manner as they may deem fit without any notice. For the material sold on weight basis, weighment recorded on the weighbridge of the Principal, will be considered as final and complaints regarding discrepancy in weighment of material, after the lorry leaves Principal's premises, will not be entertained.
(iii) In this regard, it is clarified that where the materials are sold on weight /Number/volume/length basis, ground rent applicable will be @ 1% (ONE Percent) per week upto maximum Two week for the quantity remaining unlifted. However, where the materials are sold on lot basis, ground rent will be charged @ 1% (One percent) per week maximum two week on the basis of the entire lot value, irrespective of the quantity remaining unlifted. 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 to PRINCIPAL.
13. Materials will be delivered between 10.00 hrs and 13:00 hrs on any working day. No delivery of materials will be given on Sundays and closed holidays observed by Principal. The buyer should intimate in writing two days in advance as to when vehicle will come for taking delivery of the materials. The material will be delivered only to the successful bidder or their authorized representatives against presentation of 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.
14. PERIOD OF CONTRACT: Up-to the validity period of the Delivery Order/ Release Order issued by Principal.
15. 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 Central 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 / 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, 2016 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 along with Pass Book 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 and making an endorsement of transaction as required by the Pollution Control Board.
(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.
16. 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.
17. 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.
18. 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.
19. CONDUCT DURING DELIVERY: Buyers shall solely be responsible for movement and proper behavior of their deputies, agents, and labourers within the PRINCIPAL'S premises. If any damage is caused to the Principal'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. Only after making good such damage, would the buyer be entitled to take delivery of the goods.
20. 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.
21. 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 bidders are liable to be blacklisted and appropriate action will be taken as deemed fit by Principal /MSTC.
22. 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.
23. 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 Principal.
24. 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.
25. 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 count or 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 the accepted rates. No interest will be paid on the amount of short delivered quantity.
26. In the event of any disputes or differences in connection with the contract, the decision of the authorized representative of the Principal shall be final and binding on all parties. Any un-resolved issue will be referred to arbitration in terms of the provisions of the Arbitration and Conciliation Act and the arbitrator shall be appointed by the Principal. The seat of arbitration shall be Chennai.
27. 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 Principal reserves the right to remove the same at the time of delivery.
28. The terms and conditions are supplementary to the remedy available under the law.
29. Any auctioned materials shall not be sold or parted with to any of the employees of Principal / MSTC.
30. The purchaser should ensure that Sales/ Customs/ RTO and all other statutory formalities as required are complied with wherever necessary and expenses including tax/insurance charges etc. should be borne by the purchaser.
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.
ii). 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.