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.

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.

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.

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

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.