notice to buyers for on-line disposal / sale€¦ · terms & condition sheet - kfl/fa/01 terms...

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NOTICE TO BUYERS FOR ON-LINE DISPOSAL / SALE

eAuction Catalog Ref No: KFL/FA/01 Dated: 31.07.2018

Bob eProcure Solutions Pvt. Ltd. (hereafter also called as BOB) has been authorized by M/S KRIBHCO

FERTILIZERS LIMITED(hereafter also called as KFL), to invite bids on their behalf, from interested buyers for

through Online Auction as per schedule given below.

Inspection: Place, & Timings : M/S KRIBHCO FERTILIZERS LIMITED, Shahjahanpur-242001 (UP): 10 am to 5 pm with prior intimation

Products: Scrap/ Waste/Surplus/Obsolete Material

Auction Type: Forward Auction

Online Auction: Date and Timings: 14.08.2018 Forward Auction Time : 3.00 PM Onwards

EMD Requirement:

EMD shall be submitted by DD in favour of Kribhco Fertilizers

Limited, payable at Shahjahanpur‐242001 (UP). As per Annexure-B

EMD DD shall be sent to following address:

BOB ; Head Office – M/s. BOB eProcure Solutions Pvt.Ltd.,

# 3/4, 3rd Floor, Maruthi Towers,

Madiwala, Bangalore - 560068

Phone : 09972222480

Last date for EMD: 13.08.2018 up to 6 P.M.

Scrap Lifting term : Lifting can start only after deposit of 100% payment. Lifting shall have to be completed within 45 working days after completing full payment.

Bid Validity:

The bids quoted in on line auction procedure of BOB eProcure will be valid for a period of 45 days from the date of closure of the Online Auction.

CONTACT DETAILS: Kribhco Fertilizers Limited Village & Post Office: Piprola Shahjahanpur - 242001 (U.P) (India)

Mr. Sanjib Ghosh Chief Manager (Materials) Mobile No:91-9792202442, E-mail ID: [email protected]

BOB ; Head Office – BOB eProcure Solutions Pvt.Ltd.,

# 3/4, 3rd Floor, Maruthi Towers,

Madiwala, Bangalore - 560068

Phone : 09972222480

Mumbai: Mr Rajesh Addakula – +917709780304 Email– [email protected] Vadodara: Mr. Mistry Biren - +919974992977 [email protected] Ahmedabad:

Mr. Ravi Patel - + 919173990035

Email- [email protected] Delhi:

Mr. Rakesh Singh - +919999651550

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Email: [email protected]

Important Note: The Goods will be sold through e-Auction on “As Is Where Basis” and “No claim Basis”. The bidders will therefore; be deemed to have made themselves, fully aware, regarding the materials before online bidding. No Complaint or claim in this regard will be entertained after submission of online bids. Loading of material will be in Buyer Scope & will be on the basis of: “First in –first out” - i.e no pick &

choose will be allowed from a Particular lot while loading. We, Kribhco Fertilizers Limited, Village & Post Office: Piprola Shahjahanpur ‐ 242001 (U.P) (India) offer our

products as specified in Annexure-B for sale through online forward auction. All the products covered in Annexure-B

are available for sale on “As is where is” basis and on “No Claim” basis. We request all our valued Buyers to

peruse the terms and condition mentioned in the catalogue before participating in the auction.

Terms & Condition Sheet - KFL/FA/01

Terms and conditions for the forward e auction KFL/FA/01 going to be organized are as under -

1. Registration with Service Provider:

Bob eProcure Solutions Pvt Ltd, with corporate office located at # 3/4, 3rd Floor, Maruthi Towers, Madiwala,

Bangalore - 560068 , has been appointed as an E- Auction Service Provider. All those Buyers who are intending to

participate in forward auction would be required to register with BOB.

Before participation, the bidders may obtain necessary help from BOB so as to enable them to participate in the

online forward auction process without any difficulty. For further queries, buyer may visit BOB website at

www.bobeprocure.com or may contact the representative as detailed in the Notice.

2. Lot

Product offered is segregated into various lots. Each lot put up for auction shall be deemed to be a separate contract of sale. Customers have to bid separately for individual lot given in Annexure-B below. One or more lot can be awarded to the customer/customers. Accordingly the EMD is fixed for the individual lot as mentioned in Annexure-B The winning customer has to lift the entire lot on “As is where is” basis with in the given time limit. Partially lifting from the lot will not be permissible. In such cases, Kribhco Fertilizers Limited has the rights to forfeit the EMD/security deposit. If for any reasons beyond the control of Kribhco Fertilizers Limited all the materials offered through the online forward auction or part thereof cannot be delivered, the liability of Kribhco Fertilizers Limited will be limited only to refund of proportionate amount paid by the customer as applicable for the quantity not delivered and EMD for the subject lot. 3. Inspection of product/Lot The interested customers can visit plant for inspection of the product/lot offered on the dates given in the notice between 10:00 to 17:00 Hrs. at their own cost. Our team will coordinate with customer’s representative for inspection. It is to mention here that we offer lot only on “As is where is” basis and “No Claim” basis. Taking photographs of the product/lot during the inspection are allowed only subject to the prior permission of inspection coordination team members. Photography in the plant area is strictly prohibited. Quantity, quality, size measurement stated in the Annexure-B for online auction through Internet is approximate and no warranty or guarantee shall be implied. Kribhco Fertilizers Limited does not give any guarantee that the quantity mentioned in the Notice / Acceptance letter will be actually available. The above quantity is merely indicative and no claim for compensation / delay or for any shortfall in the quantity shall lie against Kribhco Fertilizers Limited.

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4. Earnest Money Deposit:

Amount of (As per Annexure-B) (in the form of Demand Draft) non interest bearing pre bid Deposit by Interested

Buyers has to be submitted along with required documents for total number of lots they intend to participate in, to

the office of BOB in favour of “Kribhco Fertilizers Limited” payable at “Shahjahanpur(UP)” on or before the last

date.

BOB will submit the EMD received from H-1 Bidder to KFL on lot approval/acceptance of the bid. The EMD will be

returned to non H-1 bidders by BOB within 15 days of completion of the e auction.

KFL reserve the rights to forfeit the EMD if ‐

1. The H-1 bidder backs out from the bid.

2. The H-1 bidder fails to deposit the material value in the given time limit.

Security Deposit: The pre‐bid EMD of the H1 buyer will be converted in Security Deposit & same will be transferred

to “KRIBHCO FERTILIZERSS LIMITED” on lot approval. Refund of Security money to the customer will be made to

customer by “KRIBHCO FERTILIZERS LIMITED” on completion of entire Sales process. No interest shall accrue on the

Security Deposit.

5. Payment term: A. Lifting can start only after deposit of 100% payment. Complete payment including taxes &

duties is to be deposited with “KRIBHCO FERTILIZERS LIMITED” as per below details. Bank details of “KRIBHCO FERTILIZERS LIMITED” will be provided to the winning customer. The successful Bidder (H1 Bidder) shall deposit the Value of the total material cost plus GST and any other govt. levies if any, by way of Demand Draft / Pay Order, drawn in favor of “KRIBHCO FERTILIZERS LIMITED”, payable at Shahjahanpur (UP) or through RTGS.

Lot Value (Rs. In Lacs / Cr) Payment including Taxes & Duties

Upto 60 lacs Within 10 working days from sale order

More than 60 Lacs Upto 1.5 Cr Within 15 working days from sale order

More than 1.5 Cr and above Within 20 working Days from Sale order

B. For disposal on Annual contract basis – Payment for the available quantity including taxes & duties is to be deposited with "“KRIBHCO FERTILIZERS LIMITED" within 10 working days from the date of Sales Intimation. Delivery orders shall be issued during the period of annual contract based on available quantity from time to time. Bank details of “KRIBHCO FERTILIZERS LIMITED” will be provided to the winning customer. The successful Bidder (H1 Bidder) shall deposit the Value of the total material cost plus GST and any other govt. levies if any, by way of Demand Draft / Pay Order, drawn in favour of “KRIBHCO FERTILIZERS LIMITED”, payable at Shahjahanpur(UP)or through RTGS.

6. Applicable Taxes & Duties: The bids are to be placed exclusive of taxes and duties. The winning Customer shall be liable to pay all taxes as would be applicable on the date of dispatch of the material and “KRIBHCO FERTILIZERS LIMITED” would not be liable for taxes in any manner, whatsoever. Applicable taxes and duties are indicated below the material list.

7. Lifting Terms: Lifting can start only after deposit of 100% payment. Lifting shall have to be completed within 45 working days after completing full payment.

Sales Intimation Letter/e‐mail will be sent by “KRIBHCO FERTILIZERS LIMITED” to the winning customer on Lot approval. Detailed Sales Order with Terms & Conditions will be issued by “KRIBHCO FERTILIZERS LIMITED”.

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Buyer (H1) has to lift the product within the validity of shipment as given. Winning Buyer has to inform

tentative schedule in writing at least 24 hrs in advance to KFL. The lifting will be under the supervision and direction of concerned official of “KRIBHCO FERTILIZERS LIMITED”, in charge of such warehouse where the materials are stored. The materials will be delivered ex-warehouse. It will be the responsibility of the winning customer to arrange for lifting, payment of freight and transit insurance. The winning Customer shall be liable to bear the transit insurance and “KRIBHCO FERTILIZERS LIMITED” shall not be liable for the same in any manner. The loading of material is permissible only during the working days between 8.30 AM to 4.30 PM.

8. Bid Validity: The bids quoted in on line auction procedure of BOB will be valid for a period of 45 days from the date of closure of t h e Online Auction.

9. Bid Acceptance: “KRIBHCO FERTILIZERS LIMITED” reserves the right to reject any and / or all bids including highest quoted bid without assigning any reason. “KRIBHCO FERTILIZERS LIMITED” also reserves the right to place separate orders for various lots on individual H-1 basis.

10. Forfeiture: Non-payment of material value or non-lifting within stipulated time will result in forfeiture of Earnest Money Deposit.

11. Debar Clause: On making any default in payment or lifting, the party may be debarred from participating in future auctions as per the discretion of the client or BOB.

12. Extension in Payment & Lifting Time: The Winning customers willing to avail of the same will have to take prior approval from the concerned authorities of M/s “KRIBHCO FERTILIZERS LIMITED” within the schedule giving reasons thereof. Such extensions in case of reasons not attributed to “KRIBHCO FERTILIZERS LIMITED” will be allowed subject to payment of late fees @ ½% per week of the outstanding amount for the period of delay. The maximum extension allowed for such cases will be limited to initially a maximum period of thirty (30) working days from the last date of payment/lifting. Thereafter, it may be allowed at the total discretion of the concerned aut horities and the winning customer shall any right to claim any further extension in any manner and for whatsoever reasons. In case if H1 party fails to lift the materials within the schedule, given above, Seller shall impose penalty / Ground Rent @ 1% per week on balance materials available In case of genuine reasons and up on timely request made by the Non-payment of materials Customer, “KRIBHCO FERTILIZERS LIMITED” may decide to grant time extension in lifting period as it deems fit. Also value or non-lifting within stipulated approved extension time will result in forfeiture of Earnest Money Deposit.

13. Customers must be extremely careful to avoid any wrong bidding (whether typographical or otherwise). They must check and rectify their bid (if required) before submitting their bid in the live e‐auction floor there is no provision for putting bids in decimals. The customers shall be solely responsible for all consequences arising out of the bid submitted by him (including any wrongful bid submitted by him) customers must always ensure to keep their e‐mail address valid and alive. It is the responsibility of the customer to verify the status of their bids and check their e‐mails to pay the security deposit in terms of these presents. Each lot put up for auction shall be deemed to be a separate contract of sale.

14. Arbitration Clause: Dispute or differences arising out or relating to this Agreement shall be resolved through amicable mutual discussion. Failing such amicable resolution of dispute / differences either of the party may refer the matter to arbitration of a Sole Arbitrator to be appointed by the Managing Director of M/s “KRIBHCO FERTILIZERS LIMITED”. The award of the Arbitrator shall be final, binding and conclusive on the parties hereto. The venue for arbitration shall be Shahjahanpur. The Arbitration proceedings will be governed and regulated by the provisions of Indian Arbitration and Conciliation Act, 1996 and the rules framed there under from time to time.

15. Governing Law: This Agreement is construed and shall be governed in accordance with the laws of India without giving effect to any principle of conflict of law.

16. Jurisdiction: The Court at Shahjahanpur-UP shall have exclusive jurisdiction on any of the terms touching upon any subject matter of this agreement.

17. Bidding The auction will be held on the predetermined date and time as given above. All Buyers who participate in the e auction are requested to comply with the date and time. Duration of the bidding is 1:30 Hrs. Auto extension period is 5:00 minutes.

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Buyers must extremely be careful during the bidding to avoid any wrong bidding whether typographical or otherwise. The Buyer shall be solely responsible for all consequences arising out of the bid submitted by him (including any wrongful bid submitted by him). Bidders hereby confirm that they will participate in the online auction as informed by Service Provider and shall commit to lift the product (being bid for) at the price entered by them in the Auction engine if the bid is approved by KFL and at the terms and conditions specified herein by the Client provided the rates are accepted and approved by KFL and Sale offers for the same are issued by KFL. All prices entered shall be legally binding on the bidders. Any bidder giving false information / particulars may be black listed and debarred from any current / future dealings with Kribhco Fertilizers Limited Group. The bidder shall not be liable to claim any costs, charges, expenses of and incidental to or occurred by him through or in connection with his submission of bids Joint participation in bidding by two or more firms shall not be accepted. Conditional bids will not be considered. KFL reserves the right to prepone/postpone the date for conduct of auction at its sole discretion.

18. Pricing

The price should be in terms of Indian Rupee and for per unit of measurement as per Annexure-B (Material list).

19. Insurance Insurance is Buyer’s cost and responsibility. KFL shall not be liable for the same in any manner.

20. Approval

Placing a bid on the service provider’s platform and being allocated by the system does not entitle the bidder on any rights on the material. The bids placed are strictly subject to approval by KFL. KFL reserves the right to cancel or reject entire bids or part thereof without assigning any reason whatsoever and the decision of KFL in this regard shall be final and binding and not liable to be questioned in any court or before any authority. KFL reserves the right to withdraw from the sale after advertising, auction or after issue of sale offer of any quantity of the material without assigning any reasons thereof to the bidder and Buyer. KFL will not be responsible for any damages/loss what so ever to the bidder and Buyer on account of such withdrawal.

21. Weighment The weighment will be made at Weighbridge available at KFL Plant which will be accepted & binding on both the parties.

22. Compliance of Safety Rules Unit’s Security rules and safety rules as applicable and it shall be the responsibility of the Buyer to ensure that the statutory provisions are complied with fully. The Buyer shall provide and ensure proper use of safety appliances by his personnel. He shall be liable for any damages or compensation payable in respect of or in consequence of any accident or injury to any of the personnel employed by the Buyer or his subcontractor. The Buyer shall be fully responsible for the safety of his employees. The Buyer shall however, follow all instructions and direction that the Safety Engineering Department of the concerned Plant / Unit may issue from time to time in regard to safety measures. In the event of violation of safety requirements, company may direct stoppage of work and direct the Buyer to remedy the defects or supply the facility / equipment as the case may be. The Buyer shall not proceed with the work until he has complied with such directions to the satisfactions of the Concerned Authority / Safety Dept.

23. Damage to KFL properties The Buyer shall be fully responsible for any loss / damage that may be caused to the premises, equipment, machinery, and other installations of KFL in the course of removing the lot / lots bought by him, and the Buyer is fully liable to reimburse to KFL the cost of such damages. KFL fully reserves the right to recover the cost of such damages including recovery from any sum due to the Buyer.

24. Along with the EMD amount, the customer has to submit the following documents: o Catalog acceptance form (as below) duly signed & stamped by the bidder on the

company’s letter head.

o Each page of the Terms & Conditions to be signed and stamped by the bidder and to be submitted to BOB eprocure representative or offices.

o PAN and GST Numbers

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o Buyer’s carrying valid MOEF documents for hazardous & other waste have to submit such MOEF /licensee documents 5 days in advance from reverse auction date to Bob representative through email for further approval from KFL. The decision of KFL in this regards will be considered as final.

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GENERAL RULES AND REGULATION

GOVERNING CONDUCT OF ONLINE AUCTIONS ON THE “SERVICE PROVIDER” PLATFORM INTRODUCTION: This Online Forward Auction is being conducted for “KRIBHCO FERTILIZERS LIMITED”, a company incorporated and registered in India, having its works in Shahjahanpur (U.P.), having its registered office at A-60,Kailash Colony, New Delhi -110048 and having its Corporate office at “KRIBHCO Bhawan” A -10, Sector -1, Noida – 201301, Dist. Gautam Budh Nagar (U. P.) (Hereinafter referred to as the “Client’’) has selected Bob eProcure Solutions Pvt Ltd for facilitating auction for selling material for “KRIBHCO FERTILIZERS LIMITED” of their behalf. The General Rules and Regulations provided herein govern the conduct of on line forward Auctions arranged by

“Service Provider” on its Auction Platform. These rules cover the roles and responsibilities of the Parties in the

online Forward Auctions on the Auction Platform. The acceptance, in-toto, to these General Rules and

Regulations governing conduct of Online Auctions, and Terms and Conditions for sale of Materials

belonging to Kribhco Fertilizers Limited by Online Auction is a pre–requisite for securing participation of

each Buyer in the Online Auctions.

The key terms pertaining to the online Forward Auctions are provided in the “Annexure-A”. Prospective Buyers are

advised to read through the same.

ROLE OF “SERVICE- PROVIDER”

1. “Service Provider’ is the agency (operator) primarily providing the service of the Forward auction to the “Client”. 2. Finalization of the auction items in consultation with the Client. 3. Defining of bidding rules for each auction in consultation with the client. 4. Enhancing Buyer awareness of and comfort with the auction mechanism and bidding rules. 5. Input of the Auction items and defining the bidding rule in the auction engine. 6. Enlarging the Buyer base by introducing new Buyers. 7. Collection of Earnest Money Deposit (EMD), Letter of Interest etc. from the willing Buyers and forwarding the

same to the Client. 8. Providing access to the approved Buyers to participate in the Auction. 9. Summarizing the Auction proceedings and communicate the outcome to the Client.

The responsibility of fulfillment of the contract rests between the Buyers and the client and the responsibility of the

“Service Provider” shall be restricted to the extent of the Services provided by them.

ROLE OF BUYER

The role of the Buyer is outlined below:

The Buyer would participate in the auction with the aim of bidding to secure the auctioned item in the Online Auction. The Buyer would be provided access to the Online Auction through a “User ID” protected by a “Password”. The Buyer needs to ensure that the “User ID” and “Password” is not revealed to unauthorized persons. Buyers are also requested to change the Password selected by them to keep their confidentiality. However it would be Buyer’s sole responsibility to ensure the security and privacy of the same and he/they would not hold the “Client” / “Service Provider” responsible in any manner whatsoever for any misuse of these user IDs and/or Password. The access to the auction mechanism shall be provided to all the approved Buyers subsequent to obtaining their written consent to the General Rules & Regulations and the Letter of Interest. The payment of EMD as decided by the Service Provider before the start of the Online Auction will be one of the necessary conditions for participating in the auction. Buyers hereby confirm that they shall commit to lift the item (being bid for) at the price entered by them in the auction engine AND at the terms and conditions specified herein by the Client. All prices entered shall be legally binding on the Buyers. Buyers are strongly advised to exercise due diligence while placing bids. Failure to honour the bids placed during online bidding shall render the Buyers liable for penal action as deemed fit by “Client” / “Service Provider”. In the event of winning an allotment in the auction mechanism, the Buyer shall commit to fulfill outlined obligations under the contract between Winning Buyer and Client.

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The Buyers shall bid on the terms & place their bid in the auction engine in the manner specified herein.. The Buyers shall not stipulate any conditions on their own unless the terms herein expressly permit such conditions being stipulated by the Buyer. Bids entered with conditions attached shall be considered Conditional bids & “Service Provider” retains the right of rejecting these bids even without intimating the Client.

BIDDING RULES

The Bidding Rules refer to the information and terms defined specifically for a particular auction. The purpose of the

Bidding rules is to provide approved Buyers with the information and terms specific to the auction in which they are

bidding. This would include:

Definition of the unit bidding.

Start Time and duration of the auction.

Any extension of the duration of the auction in the event of bids being received towards the end of the pre-

specified duration.

Start Bid Price.

Specified Unit for Bidding.

Price Increments and any reduction in the price increment in the auction in the event of inactivity.

Other attributes (informational/non-negotiable in nature).

While it shall be the endeavour of “Service Provider” to specify these rules at the earliest for each Online Auction. The “Service Provider” only in the case of unforeseen contingency beyond its control shall retain the right to delay the announcement of these biddings rules or modify rules specified earlier at the time of the online bidding in prior written consent of the Client. These details would be available to the Buyers on the Auction Engine at the time of bidding. The participation in the auction process presumes complete awareness and understanding of the bidding rules.

CONDUCT OF THE AUCTION: Only those Buyers who have been approved by the “Client” and handed over stamped and manually signed “General Rules and Regulations governing conduct of Online Auction along with Letter of Interest, required EMD amount and other necessary documents to the “Service Provider” prior to the start of Online Auction. “Login ID” and “PASSWORD” of such Buyers will be activated by Service Providers to enable them view and participate in Online Auction. Kribhco Fertilizers Limited will have the sole discretion to approve the Buyers who have submitted bids and no requests will be entertained in this regard by Service Provider from the Buyers. The Online Auction shall be conducted on pre-specified date. The Key Terms pertaining to the conduct of Online

Auction such as “START TIME”, “DURATION”, “END TIME” AND “AUTO EXTENSION FACILITY” Shall be specified

separately for each Auction.

“Service Provider” retains the right to cancel or reschedule the Online Auction, with the prior written approval of the Client, on any of the following reasons: The number of confirmed Buyers is deemed insufficient to conduct the Online Auction Some of the confirmed Buyers are unable to access the module due to infrastructure problems such as sustained power failure or telecommunication breakdown. There are no bids, which are equal to or below Start Bid Price. Any other reason, which in the opinion of “Service Provider” / “Client” requires such action to be initiated.

The duration of Online Auction may also vary from the pre-specified period of time either on account of termination of the Online Auction by “Service Provider” on the advice of the Client. OR

In case of situations where it is felt that continuance of the auction proceedings is prejudicial to the smooth conduct

and / or the integrity of the auction process.

OR

due to Auto Extension during the Auction, duration may increase from specified period.

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In the event of any problems being faced in the smooth conduct of the Online Auction, “Service Provider” with the

approval of the Competent Authority of the Client, shall have the right to undertake one or more of the following

steps:

Cancellation/ premature termination of the Online Auction with/ without a subsequent rerun of the auction on a mutually decided date Cancellation of a bid Locking / deactivate a Buyer’s account (suspension of operations in the account), etc. LIABILITY OF “SERVICE PROVIDER” “Service Provider” shall not be liable to the Client/ Buyers participating in the Online Auction or any other person(s)

for:

Any breach of contract between winning Buyer and Client. Any delays in initiating the online auction or postponement / cancellation of the online auction proceedings due to any problem with the hardware / software / infrastructure facilities or any other shortcomings. While, reasonable care and diligence will be taken by “Service Provider” in discharge of its responsibilities such as design of the online bid, communication of bid details and rules, guidance to client/ Buyers in accessing the Auction Engine and placing bids, etc. the Buyers shall specifically indemnify “Service Provider” from all liabilities for any shortcomings on these aspects. It is clearly understood that these activities are undertaken by “Service Provider” to assist the Buyers in participation but the ultimate responsibility on all these counts lies totally with the Buyers. RIGHT OF THE CLIENT: The sale is subject to the reserved price fixed by the clients. The Client reserves the right to partially or totally accept or reject any / all bids placed in the Online Auction without assigning any reason whatsoever. The decision of the Client would be final and binding on the Service Provider and the Buyer in any such case. In case the Online Auction is cancelled by Client, then Service Provider shall undertake the re-auction at its own cost, as directed by the Client. CONFIDENTIALITY CLAUSE: “Service Provider” undertakes to handle any sensitive information provided by the Client or confirmed Buyers for the auctions conducted with utmost trust and confidentiality. JURISDICTION Any disputes relating to the online auction module shall be subject to the sole jurisdiction of Court of Law having jurisdictions over the Plant from where the Materials are being sold. Signed in acceptance of the above terms and conditions Name:____________________________, Signature:____________________, Designation of signatory:_______________________, Date:________________________, Place:________________________, Telephone / FAX no._______________________

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ANNEXURE-A

DEFINITION OF KEY TERMS

Auction.

Auction refers to a forum where the requirement for one/more lots of an item is stated and the participants (Buyers)

are required to bid down the price to be selected to supply the requirement.

Online Auctions.

Online auctions refer to those auctions conducted through the Internet with the Buyers (from one or more locations)

simultaneously bidding to be selected for supplying the item/s on Auction. In other words, the venue for the auction is

on an Internet website/ platform.

Services refer to the Online Auctions conducted by the Service Provider through its website as the venue for the

purpose of the Online Auction and also includes the responsibilities narrated under the head “ROLE OF SERVICE

PROVIDER” above.

Award at the Auction.

In a single winner format, only one Buyer (normally the Buyer who quotes the highest price) is awarded all the units

of the item being auctioned. The Buyer quoting the highest price is normally allotted the item.

Client.

Client is the individual/business entity who has contracted "Service Provider" to conduct such auction. In case of

auction, the purpose would be the genuine intent to sell the selected item/s (Lot) to the Buyers desiring to buy these

items from the Client.

Buyer.

Buyer is the individual/business entity participating in the auction, intending to buy the item(s) from the Client. To be

become a Buyer in the auction, a business entity has to secure client approval for participation and also provide

written assent to the General Rules and Regulations.

Auction Engine.

Auction Engine refers to the software that encapsulates the entire auction environment, processing logic and

information flows. "Service Provider" is the sole owner of the auction engine and retains exclusive right over the

utilization of the same.

Timings of the Online Bid.

All the timings of the Online Bid shall be based on the time indicated by the Server hosting the Auction Engine. It shall

be the Endeavour of "Service Provider" to ensure that the Server Time reflects as closely as possible the Indian

Standard Time (IST) i.e. GMT + 0530 hrs. However, in the event of any deviations between the Server Time and the

Indian Standard Time, the functioning of the Auction Engine (Launch, operation, and closure) would be guided by the

Server Time. Buyers are advised to refresh both the windows of the Auction Module check the exact Server Time

(displayed in both the windows).

Preview Time.

Preview Time refers to the period of time that is provided prior to the commencement of bidding. This is to facilitate

approved participants to view the auction details such as item specifications, bidding details and bidding rules. The

purpose is also to familiarize participants with the functionality and screens of the auction mechanism. It is not

mandatory for "Service Provider" to provide Preview Time.

Start Time.

Start time refers to the time of commencement of the conduct of the online auction. It signals the commencement of

the Price Discovery process through competitive bidding.

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Duration of the Auction.

It refers to the length of time the price discovery process is allowed to continue by accepting bids from competing

Buyers. The duration of the auction would normally be for a pre-specified period of time. However, the bidding rules

may state the conditions when the pre-specified duration may be curtailed/extended. The conditions include:

Curtailment of auction duration in the event of no bids for a specified period of time (Inactivity Time)

Automatic extension in the event of bids being entered towards the end of the scheduled duration to facilitate the

other Buyers to view and react to the bid.

Auto Extension of the Auction Timings. In the event of bids in the last few minutes of the scheduled bid time, the Bid Timings are automatically extended for

a specified period from each such bid. Such Auto Extension shall continue until no bids are placed for the specified

period (Engine remains inactive for the specified period). The Inactivity Time for Auto Extension purpose is normally 5

minutes. "Service Provider" however retains the right to change the same. The Inactivity Time applicable for the

particular Online Bid shall be visible to the Buyers under the Bidding Rules module on the engine.

End of the Auction.

End of the Auction refers to the termination of the auction proceedings signalling an end to the price discovery

process.

Auction Report. "Service Provider" would provide an Auction Report to the Client containing a summary of the auction proceedings and

outcome. The Auction Report would constitute the official communication from "Service Provider" to the client about

the outcome of the Auction.

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Annexure-B

Material list for FA-01

Sr. No

Description Approx

QTY UOM

GST (%) TCS (%) EMD in

Rs

1 M.S Scrap (mixed) 80 MT 18 1 75000

2 Heat Exchanger E-4 (1 No), Tin, SS, Aluminium Scrap. (Detail in Annexure -1 )

1 Lot 18 1

10000

3 Plastic, MS Drums, Tarpoline, Glass, Rubber, Tyre, Cement Bag, Filter Scrap. (Detail in Annexure -2 )

1 Lot Extra As

applicable 1

10000

4 Earthing Brush (special metal) 35 No 18

1 25000

5 Electronic Waste (E-waste) scrap (MOEF/CPCB/UPPCB)

1600 Kg 18 1

5000

6 Old Battery.12 Volt. (MOEF/CPCB/UPPCB) 20 No 18 1

3000

7 ARC for Cutting and sale of unwanted trees /fire wood of all size in plant and township area. (Detail in Annexure-C).

1 Lot Extra As

applicable 2.5

20000

For Sr no 7- Vendor shall be experienced in this area and shall submit the work order copy of

similar work before participating in the auction.

For sale of item Sr no 2, 3 & 7(Annexure 1, 2 & C), winning bidders will have to give the item

wise price break‐up of respective lots immediately after forward auction.

Annexure - 1

Sl No Description Approx

Qty Unit

Basic rate (Rs.)

(Excluding taxes &

duties and any other charges)

Value (Rs)

1 Heat Exchanger E-4 (1 No) 2.84 MT

2 Tin Scrap 300 Kg

3 S.S Scrap 468 Kg

4 Aluminium Scrap 1250 Kg

Total

Annexure - 2

Sl No Description Approx

Qty Unit

Basic rate in Rs.

(Excluding taxes &

duties and any other charges)

Value (Rs)

1 Plastic Scrap 700 Kg

2 Empty MS Fresh Drum cap (Cap-210Ltr) 44 No

3 Empty MS Rusted Drum cap-210 Ltr 29 No

4 Empty MS Drum (Open Mouth) 6 No

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5 Tarpoline Scrap 590 Kg

6 Glass Scrap 100 Kg

7 Rubber Scrap 625 Kg

8 Tyre Small & Big 23 No

9 Empty Cement Bag 48 No

10 Filter Scrap 1770 Kg

Total

ANNEXURE-C ARC for Cutting and sale of unwanted trees /fire wood of all size in KFL plant and township area.

Sl.

No. Description

Approx

Qty

Unit

Basic rate

in Rs.

(Excluding

taxes &

duties and

any other

charges)

Value

(Rs)

Cutting and sale of unwanted trees /fire wood of all

size in plant and township area

1 Eucalyptus(new)

a 200mm dia and above 20 MT

b 51mm to 199 mm dia 20 MT

2 Eucalyptus(Dry)



3 Other unwanted trees(Dry & new) excluding

Sheshum and teak



4 Babul(Bilayaty)



5 Palmasa/roots(unwanted fire wood) Palmasa up to

50mmdia 100 MT

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The scope of work will be as under:

1 Cutting of trees as per Instructions from KFL.

2 Collection, Loading of Palmasa; roots & wood and shifting of same by buyer own tractor within 48 hrs

after cutting Otherwise a penalty of Rs 200/-per day will be imposed.

3 Area cleaning including back filling of earth in pits if required.

4

Materials will be lifted on weighment basis. Weight taken at KFL weigh bridge will be

final and binding.

5 Loading of trolley will be done in presence of horticulture and security dept. person.

Special Terms and Conditions will be as under:-

1

Vendor shall be experienced in this area and shall submit the work order copy of

similar work.

2 The Contractor must ensure compliance of all govt/ statutory and safety requirement

during execution of such work.

3

Contract period of ARC shall be 12 months from the date of LOI/order. A penalty shall

be Imposed @ 0.5% per week subject to max. 5% of contract value of un lifted

quantity, if work is not completed as per instruction of site in charge.

4 The Contractor shall comply with all State/ Central acts of taxes applicable.

5 All tools and tackles required for the said job is in contractor/buyer scope.

6 In case of work delay and poor performance, KFL shall have right to execute the same

work through other agency at the risk and cost of contractor and recover the additional cost incurred

by company from pending bill/ security deposit of contractor.

7 Contractor/buyer shall be solely responsible for safety of his manpower. Buyer shall have to provide

Safety helmets, tackles for execution of work. In case of fetal/ non fetal/ accident, all the liability

of concerned person shall be borne by contractor only.

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Catalog Acceptance Form

(Use company letter head to print the below content and submit with duly filled & signed)

Mr. Sanjib Ghosh, Date:_______,

KRIBHCO FERTILIZERS LIMITED,

Shahjahanpur (UP).

I/We agree, to abide by all the instructions contained in the e-auction Catalog FA-01.

1. To lift the entire LOT if the quantity of Material increases or decreases.

2. That EMD will be forfeited if we do not lift the material after becoming the H1 bidder or if I violate any

term and condition given in the catalogue FA-01.

3. To your terms and conditions of sales as per annexure A,B,C & D along with General Rules and

Regulation Governing conduct of online Auction on BOB platform/ website/Auction Notice.

4. To understand that if our bid is accepted by KRIBHCO FERTILIZERS LIMITED., I/We are obliged to

complete the transaction and abide by all Terms & Conditions mentioned in this auction document.

5. That I/we have been provided training by BOB in order to participate in Online Auctions.

6. That we are updated by BOB regarding any changes made to the catalogue from the website of BOB

and bid accordingly.

7. We shall change the password on receipt by me/us and keep it confidential.

8. That BOB shall not be held responsible in any way for any losses that may be suffered by me /us as a

result of disclosure of the password to any other person by me.

9. That KRIBHCO FERTILIZERS LIMITED is not bound to accept the highest or any bid or to assign any

reason for such non-acceptance.

10. That KRIBHCO FERTILIZERS LIMITED shall not be responsible for any consequential, incidental, indirect,

punitive, exemplary or special damages of any nature whatsoever, including, without limitation, lost

profits or losses or for any damages arising out of or in connection with any malfunctions, delays, loss

of profit or interruption of service arising out their supply of the above said material to us.

11. Minimum two weighment of empty and loaded truck shall be carried out in the presence of KFL staff. This weighment shall be binding and final, for all purposes.

12. We hereby, confirm that we have understood the lot & market break up, Start bid price, Bid calculation, Min Increment and the process of e-Auction Event. We also confirm that we have made arrangements and would be able to place our bid on the specified date & time on our own. We confirm, if allotted, we will honor online bid(s), which is legally binding on us.

Name of the Firm/Company

Contact Name & Designation

Mobile number & Landline number

e-mail

GST Registration No.

PAN

DD/PO No. Bank Name Branch Dated EMD Amount

Thank you.

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Authorized Signatory with Company seal

Important Terms & Conditions FA‐01 KFL :

Price should be excluding of all TAXES & Duties. Tax Part: - GST & TCS extra as applicable. Quantity variation of +/- 25% shall be extra as applicable. The rates shall remain firm till completion of contract period. All Material to be lifted within 45 working days after completing full payment. Shifting / loading of material in the scope of Bidder. Safety norms strictly follow as per Factory Act. Material shown in quantity may physically vary. Weight confirmed by the Weigh Bridge, inside Seller premises shall be considered for billing purpose. Seller reserve the right to withdraw the materials from the sale / terminate or cancel the Order in whole or in part, without assigning any reason. Party shall load the materials as per the direction given by the Seller. In case, if any other materials (i.e. Materials of some other MOC) found at the time of loading, party should not load & Handover to seller and bring the same to the notice of the Seller. Cutting of materials is allowed for easy loading and transportation. For cutting only Oxygen-acetylene gas

cylinder will be allowed.

Annexure: D

Material pictures provided along with this catalog are available only for reference – Physical inspection is mandatory –

no argument/complaints will be acceptable after bidding is over.

Lot No. 1 M.S. Scrap

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Lot No. 2 Heat Exchanger E-4 (1 No), Tin, SS, Aluminium Scrap. (Detail in Annexure -1)

Heat Exchanger Tin Scrap

S.S. Scrap Aluminium Scrap

Lot No. 3 Plastic, MS Drums, Tarpoline, Glass, Rubber, Tyre, Cement Bag, Filter Scrap. (Detail in Annexure -2)

M.S. Drum

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Tarpaulin Glass

Rubber Filter Scrap

Lot No. 4 Earthing Brush (special metal)

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Lot No. 5 Electronic Waste (E-waste) scrap (MOEF/CPCB/UPPCB)

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Lot No. 6 Old Battery.12 Volt. (MOEF/CPCB/UPPCB)

notice to buyers for on-line disposal / sale€¦ · terms & condition sheet - kfl/fa/01 terms...

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