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.
“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 / Selller being Govt. Unit, applicable GST as per rate
displayed in the auction catalog on live auction floor and applicable
Cess on Goods will be deposited by Buyer under Reverse Charge Mechanism
directly with concerned authority”
“Buyer
shall submitt a copy of challan duly stamped and signed by the
designated authority accepting the deposit of GST towards the proof of
deposit of GST along with Balance Payment at the time of preparation of
Delivery Order . Principal / Seller has to collect the true copy of GST
Certificate from Registered Buyers before delivery of Goods to
them.”
SPECIAL NOTE FOR GOODS &
SERVICE TAX (GST):
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 liable
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.
In the same way, all Principals / Sellers need to submit copy of
certificate referring GST Registration Number with the respective
office of MSTC Ltd. (from where Auction is conducted) for updating
Seller Registration details. It will not be possible to conduct any
Auction or issue any Sale Order / Delivery Order, etc. wherever GST
Registration Number is not updated. Further the Service Tax Rate on
Service Charge Bill, shall be replaced by GST Rate and differential
tax, if any, will be required to be paid by Principals / Sellers.
SALE OF
HAZARDOUS WASTE ITEMS: a) 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. Notarised 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.b)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.c) If the validity of Bidders MOEF/ CPCB
Certificate expired on the Starting Date of eAuction, 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/SD paid will stand automatically
forfeited.
NOTE :-
a) NO EMD
WILL BE REQUIRED TO BE DEPOSITED AGAINST LOTS UNDER STA TILL ITS
APPROVAL BY THE SELLER.
b)
REQUIRED EMD WILL BE DEPOSITED ONLY AFTER ACCEPTANCE/APPROVAL OF STA
LOTS.
c) EMD
SUBMISSION DATE WILL BE 07(SEVEN) DAYS FROM THE DATE OF ACCEPTANCE BY
THE SELLER.
d) SYSTEM
WILL MAIL AUTOMATICALLY TO THE SUCCESSFUL BIDDER OF STA LOTS FOR
PAYMENT OF EMD ONCE THE LOT IS APPROVED BY THE SELLER.
e)DDs of
Cooperative Bank/Arrangement instruments shall not be accepted and will
be returned without any action being taken on them.
A: Incase the date of submission of
payment happens to fall on a Public Holiday, the next day shall be
considered as the date of submission of payment.
B: The Sale will
be governed by the Material List & Special Terms &
Conditions (STC) displayed on the Live eAuction Floor (and not under
Forthcoming Auctions) as well as the General Terms & Conditions
(GTC) and Buyer Specific Terms & Conditions (BSTC) already
accepted by the Bidder at the time of eAuction Registration with MSTC.
The Material List & STC displayed under View Forthcoming
Auctions on MSTC's eAuction Website are tentative and subject to change
at MSTC's sole discretion before the start of eAuction. Bidders should
therefore download the Material List and STC displayed only under View
Live Auctions for their record purpose, if required. The BSTC and GTC
can be seen and downloaded by going to the Home Page of the eAuction
Website and clicking on NEW USER. Participation in the eAuction will be
deemed to imply that the Bidder has made himself thoroughly aware of
and accepted the STC, BSTC and GTC. In case of any conflict between the
STC and BSTC, the STC shall prevail. MSTC shall have the right to issue
addendum to the STC or BSTC, 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.
C: The
Principal/Owner of the materials reserves the right to withdraw at any
stage the sale of any item or quantity of material either by number or
by weight or any other specific unit etc, even after issue of Sale
Order/Delivery Order. The Principal/Owner will not be bound to assign
any reason or details thereof. Value of the materials so withdrawn, if
any, and paid by the buyer will be refunded. The Principal will
however, not be responsible for any damage, loss, direct or
consequential compensation whatsoever to the buyer nor for payment of
any interest.
NOTE : THE
e-AUCTION CATALOGUE ON THE LIVE E-AUCTION FLOOR SHOULD BE TREATED AS
FINAL AND BINDING.
"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 theirown sources/means before
bidding in this e-auction and any discrepancyshould be intimated to
MSTC / Seller at least one working day prior to thee-auction. No
complaint from any bidder thereafter, regarding anyvariation will be
entertained after the e-auction goes on live floor.Nonpayment of sale
proceeds on the ground of any discrepancy of GST ratewill be treated as
default and action as deemed fit including but notlimited to forfeiture
of EMD/SD will be taken against the bidder."
"THOUGH A FACILITY IS PROVIDED TO BIDDERS TO SELECT A CATEGORY IN THE
LIVE AUCTION
FLOOR, HOWEVER, BUYERS, IN THEIR OWN INTEREST ARE ADVISED TO GO TO LIVE
E AUCTION FLOOR,
AFTER SELECTING "ALL CATEGORIES". MSTC WILL NOT BE RESPONSIBLE FOR ANY
OVERSIGHT IN
SELECTING THE CATEGORY IN LIVE E AUCTION/LOT ON THE PART OF
BIDDERS/BUYERS.
FOR ANY
QUERIES PLEASE CONTACT SHRI S. YADAV, ASSTT. MANAGER, MSTC LIMITED,
BHOPAL : Ph. 0755-2570664, 2552241, Fax. 4075720, E mail -
syadav@mstcindia.co.in OR mstcbhopal@mstcindia.co.in
1.
MSTC Ltd. Shall hereinafter be referred to as MSTC and Registrar
General High Court of Madhya Pradesh as owners.
2. All the offer shall be valid for a period of 30 days from the date
of closing of e-auction.
3. The materials offered for
sale must be inspected prior to due date of e-auction. For inspection
& other related matters, bidders may contact Shri
Fasahat Husain Qazi,Registrar (IT) (SA),High Court of Madhya Pradesh at
JABALPUR, Ph. 0761-2623358.
4. The bidders shall submit
Earnest Money Deposit by Bank Draft in favor of "Registrar
General High Court of Madhya Pradesh payable at JABALPUR(M.P.)"
within 7 days of confirmation of bid. The EMD must be @25% of the net
sale Value quoted (excluding taxes &duties). Upon issue of the
sale order the EMD shall automatically be converted into Security
Deposit. The Security Deposit as specified in Sale Order shall be
adjusted only at the time of final payment.
5. The Contract shall be
treated as having been entered into as soon as the bid is confirmed in
favor of the successful bidders. The period of contract shall be of
sixty days from the date of last Delivery order by MSTC against full
payment made b the party. The contract shall be deemed to be complete
as soon as the Area is cleared of the entire material allotted or on
completion of the period of contract as mentioned above, whichever is
earlier.
6.0 All the materials are
offered for sale on AS IS WHERE IS basis Ex works Owners, RATE MUST BE
QUOTED ON UNIT BASIS FOR EACH LOT SEPARATELY NOT PART THEREOF i.e. in
Rupees per unit only. The quantity indicated against the lot are purely
indicative.
6.1 The quantity in actual
may turn out to be more or less than the estimated quantity. In the
event of quantity turning out to be more than the estimated quantity
the buyer has to lift the allotted quantity(+/-10%).In the event of
actual quantity turning out to be less than the estimated quantity, the
buyer shall not be entitled to claim any damages, loss of interest or
compensation on this count.
7. Rate must be quoted
exclusive of GST or any other taxes/duties etc. GST and TCS as
applicable will be charged extra. Any variation in GST etc will be
borne by the buyers.
8. Bidders shall submit
his/their income tax clearance certificate (latest) partnership deed of
org. as and when demanded by MSTC / Owners.
9. The Bidders/customers
workmen shall have to abide by the rules regulation including safety
& security regulation of the relevant statutory Acts. Entry
inside the works should only be against Gate pass for the men and
equipment for which purchaser will have to apply well in advance before
lifting commences.
10. The Buyer will employ his
own labor and means, at his own cost and risk for
removal/collection/shifting of scrap as per schedules and payment of
wages/compensation to the laborers will be the sole responsibility of
the buyer. The purchaser shall ensure that his workmen do not loiter
around within the stores area of the factory areas. They shall not
touch any material except those material shown to them. If any of his
workmen is even found violating these restriction, the purchaser shall
be responsible for making good the loss to the owners on which their
decision shall be final and binding.
11.0 PAYMENT TERMS : The cost
of each lot of material alongwith all taxes and duties must be paid at
MSTC by the buyer within 10 days from the date of issue of Sale Order
by MSTC (including date of issue) or as specified in Sale Order.
(ii) For any delay in making
payment within the time limit specified, the due payment may be made
together with late penalty @1% per week or part thereof on the amount
of material value for the period of delay within 14 days from the due
date. However, MSTC reserves the right not to accept the payment with
or without the late penalty after the expiry of the above mentioned
time limits or even within the aforesaid additional period of 14 days
at MSTCs sole discretion and in such an event the sale of the lot will
be automatically cancelled and the Earnest Money/Security Deposit (as
the case may be) will automatically stand forfeited.
(iii) If payment against
basic cost only is deposited and amount of GST and Late Payment Fee, if
any, etc. is not deposited by purchaser then SELLER at its own
discretion shall effect the relevant delivery for reduced quantities
after adjusting the GST/ Late payment charges etc.
11.1 DELIVERY PERIOD: The
successful bidders shall lift the all allotted material lying in the
lot allotted to them by employing their own labor and transport at
their own cost within 30 Days (Thirty Days) from the date of Delivery
Order (including date of issue) by MSTC LIMITED/Registrar
General High Court of Madhya Pradesh.
11.2 Ground Rent @ 1% per
week or part there of beyond 30 Days will be levied on material value
and up to 2 weeks maximum, provided written request is received before
the expiry of 30 days free lifting period, if no such request for
extension is received, the sale order stands cancelled &
security deposit forfeited on completion of 30 days of free lifting
period.
11.3 Registrar
General High Court of Madhya Pradesh reserves the right to
withdraw in part or full or to close the contract any time during the
currency of contract without assigning any reason thereof. This will
not entitle the buyer to demand compensation or right for delivery of
full qty. by way of extension of contract.
12 MSTC/Registrar
General High Court of Madhya Pradesh reserves the right to call
all the eligible bidder(s) for revised bid along with requisite EMD for
any lot.
After the
submission of bid(s) by the Buyer, a presumtion would be drawn that the
buyer has inspected the material and has satisfied himself about the
nature, quantity ,quality, other technical specifications, taxes-duties
and legalities prior to the e-auction. No complaint, whatsoever, on the
points referred above, would be entertained after the submission of the
bid.
CAUTION
IN SUBMISSION OF BID : The Bidder shall be solely
responsible for all consequences arising out of the bid submitted by
him (including any wrongful bidding by him) and no
complaint/representation will be entertained by MSTC/Seller in this
regard. Hence Bidders must be careful to check (the Bid Amount/No. Of
0/No.of Digits/Unit of Measurement etc.) and rectify their bid (if
required) before submitting their Bid into the live e-Auction floor by
clicking the 'Bid Button. In case of any bid being equal to or more
than 5 (five) times the current Highest Bid for a particular Lot, this
will be displayed by way of a WARNING on the Bidder's screen before he
confirms/submits the bid. There is no provision for putting Bids in
decimals. During Live Auction, only brief Lot/Item details will be
shown under Lot Name on the Auction Floor where Bidders are required to
bid. The complete Item Details can be seen by the Bidders by clicking
on the respective Item hyperlinked under Lot Name and it shall be the
responsibility of the Bidders to see the Item Details before bidding
and no representation / complaint in this regard will be entertained by
MSTC / Seller from the Bidders.DEACTIVATION
OF PASSWORD : If the successful highest Bidder for both
Confirmed or STA sale, fails to pay the Post-Bid EMD/SD in time, then
his Password will be deactivated and shall normally be DEBARRED for a
minimum period of 6 (six) months from participating in all e-Auctions
and disposal sales by MSTC on behalf of this Seller and, his
Registration Fee will be forfeited. While considering his request for
reactivation which will be at the sole discretion of MSTC, all facts
including the number of Seller/ eAuctions / Lots for which he had
failed which are germane will be taken into account.
|