For Exports please refer clause no. 17
LAST DATE OF SUBMISSION OF EMD : 19-07-2011 UPTO 04.00 P.M
PAYMENT OF EMD : BY DEMAND DRAFT ONLY
DATE AND TIME OF E-AUCTION : AS ABOVE
PAYMENT OF BALANCE MATERIAL VALUE: BY DEMAND DRAFT / LC
EMD FOR LOT NO. 1,2 & 3 : Rs. 2000/- PER MT
MINIMUM QUANTITY
TO QUOTE FOR LOT NO. 1 & 2 : 16 MT
THEREAFTER MULTIPLES OF 16 MT
MINIMUM QUANTITY TO QUOTE FOR LOT NO. 3 : 10 MT
EMD FOR LOT NO. 4 : Rs. 300/- PER MT
MINIMUM QUANTITY TO QUOTE FOR LOT NO. 4 : 50 MT
THEREAFTER MULTIPLES OF 50 MT
EMD FOR LOT NO. 5, 6, 7,8, 9, 10, 11 & 12,: Rs. 750/- PER MT
MINIMUM QUANTITY TO QUOTE FOR LOT NO. 5, 6, 7,8 & 9 : 50 MT RESPECTIVELY
THEREAFTER MULTIPLES OF 50 MT
MINIMUM
QUANTITY TO QUOTE FOR LOT NO. 10 : 140 MT
MINIMUM
QUANTITY TO QUOTE FOR LOT NO. 11 : 75 MT
MINIMUM
QUANTITY TO QUOTE FOR LOT NO. 12 : 55 MT
1. MOIL LTD. (Formely Manganese Ore (India) Ltd.) who are owner/seller of
Manganese Ore/Ferromanganese/Slag etc., is hereinafter referred to as "Seller"
or Principal or "MOIL" and MSTC Ltd, the service provider to conduct e auction
as, "MSTC".
2.
Manganese Ore/Ferromanganese/Slag etc offered for sale through e-Auction is open
to all, consumers and non-consumers alike and whether they have linkage or not.
Bidders can also bid for exporting the item(except Manganese Ore lot no.
5,6,7,8,9,10,11 & 12 which are not meant for Export ) in which case they will be
required to comply with the conditions for exports as provided in this catalogue
including compliance with all statutory formalities on their part; facilitating
removal of goods from MOIL site without payment of Excise duties and Sales tax.
3. Only those buyers who shall register themselves with MSTC as per specified
guidelines for registration, displayed on MSTC website www.mstcecommerce.com and
have deposited EMD as per terms given herein below, shall be eligible to
participate.
4.
Quantity, grade/size and sources from where items are to be sold through
e-auction, will be notified on websites www.moil.nic.in and www.mstcauction.com
at least 7 days in advance from the date of auction. Any Registered Customer
after submission of EMD can bid for the quantity equivalent to the EMD submitted
by them. Customers who require the quantity for export also can bid. As such
both domestic customers and exporters can bid for the lots mentioning the
quantity (subject to maximum quantity equivalent to EMD submitted by them).
Quantity will be allocated as per the clause No.11 (methodology for allocation
of quantity) herein below.
5. EMD (Earnest Money Deposit):
(i)
EMD (Earnest Money Deposit): (i) Prospective bidder/buyer will have to deposit
non- interest bearing EMD for lot no.1,2 & 3 for the quantity that the bidder
desires to bid/purchase, the required EMD is at the rate of Rs. 2000/- per
Metric tonne (MT). For lot No:4 the required EMD is at the rate of Rs. 300/-
per Metric tonne (MT). For lot No. 5,6,7,8,9,10,11 & 12 the required EMD is at
the rate of Rs. 750/- per Metric tonne (MT). (ii) Earnest money has to be
deposited by way of Demand Draft in favour of MSTC LTD. payable at Kolkata
drawn on any scheduled bank (iii) Bidders can bid up to the maximum quantity for
which they have deposited EMD. (iv) Earnest money has to be deposited at MSTCs
KOLKATA office at 225-F, 2nd FLOOR, A J C BOSE ROAD, KOLKATA 700020. Or at the
office of Dy.General Manager(Marketing) MOIL Nagpur at the following address.
Dy.General Manager(Marketing), MOIL LTD. , MOIL BHAVAN ; 1A KATOL ROAD ; MOIL
CHOWK, Nagpur 440 013.
6. EEMD
will be accepted till 4.00 P.M as per the last date of submission of EMD as
indicated above. Bidders sending EMD by post/courier, may do so at their own
risk. MSTC/MOIL will not be responsible for any postal delay or loss and will
not accept any claim on that account. **
7.
Forfeiture of EMD: The EMD submitted by the successful bidder will be liable for
forfeiture in following cases:
(i) If after the auction, successful bidder fails to make full financial
arrangement for material value and other charges within the stipulated time,
(ii) If after making necessary payment/opening irrevocable letter of credit
for material value and other charges, bidder fails to lift atleast 90% material
or fails to take delivery within stipulated period or requests for cancellation
of order.
(iii) If any of the documents submitted by him e.g. CST form, sales tax
registration certificate, export documents (for EXPORTER ) etc. are not found in
order.
8. Adjustment/Refund of EMD:
(i) The EMD of the unsuccessful bidders will be refunded by MSTC directly. No
interest shall be payable on EMD.
(ii) The EMD of the successful bidders received by MSTC/MOIL will be adjusted
with the material sale value. i.e. the successful bidders will deposit the
balance sale value. So, there will be no refund by MOIL after completion of
delivery .However, for the quantity bidded for export, the successful bidder is
to furnish irrevocable Bank guarantee (Proforma for Bank guarantee in respect of
exports may be obtained from MOIL) valid for at least 6 months from the date of
Bank guarantee of any nationalized bank covering the total value of Excise duty,
educational cess, sales tax/VAT and any other duties, taxes, levies etc.through
a local bank at Nagpur along with the balance material sale value or opening of
irrevocable letter of credit as per Clause no.13. EMD of successful bidder will
be adjusted with sale value and on receipt of full sale value release order will
be issued by MOIL. iv)In respect of successful bidders availing option of
payment through Irrevocable Letter of Credit their EMD will not be adjusted with
the material value but on completion of the transaction, if due for release
,shall be refunded by MSTC/MOIL within a period of 10 (ten) days of completion
of transaction. No interest shall be payable by MSTC/MOIL on the EMD.
9. FLOOR PRICE: MOIL will fix floor price for material of each lot being
offered under auction. The floor price will be in terms of Rupees per MT for
base price only. Other charges/statutory levies, taxes etc. will be chargeable
extra on actual basis and will not be part of either floor price or bid price.
10.BIDDING PROCESS:
(i) Bidders have to bid separately for each item source/size/gradewise for
road mode for base price only.
(ii)
For lots 4,5,6,7,8 & 9, Bidders have to bid minimum 50 MT and thereafter in
multiples of 50 MT (Except lot 1,2,3,10,11 & 12 ).
(iii) Auction period will normally be 01.00 PM to 03.00 PM (flexible) subject
to automatic extension. If any valid bid is received less than 05 minutes before
closing time, closing time will automatically extend up to last bid time plus 05
minutes, thus giving enough opportunity to others to revise their bids on that
item. While during normal auction hours, bidders can increase bid minimum by
Rs.100/- (one hundred)/MT but during extension time of auction bid has to be
increased by minimum Rs. 200/- (two hundred)/MT.
(iv) MOIL reserve the right to accept or reject any bid without assigning any
reason and no claim/dispute whatsoever shall be admissible.
(v) Bidders will have to indicate destination for road mode, at the time of
depositing full value.
11. METHODOLOGY FOR ALLOCATION OF QUANTITY: Allocation of quantity will be
carried out by the e-auction software on descending order of bid price on
following basis:
a) First preference is given to highest bid price.
b) If two or more parties bid for the same price then preference for
allocation is given to party that placed the bid earlier irrespective of bid
quantity.
c) Bidders may be allotted less quantity depending on allocation by system.
For removal of doubts, it is clarified that a bidder may be allocated any
quantity less than his bid quantity depending upon the allocation methodology of
the system and such allocated quantity will be binding on the bidder.
12. INTIMATON OF AUCTION RESULTS: After the close of the bidding, each
successful bidder will be intimated through e-mail by MSTC. However, it will be
the responsibility of bidder to personally see and download the result displayed
on website immediately after close of e-auction.
However, placing bid on the e-auction platform and being allocated by the
system does not confer the bidder any rights on the material. MOIL / MSTC
reserve the right to cancel or reject any or all bids without assigning any
reason whatsoever and the decision of MOIL / MSTC in this regard shall be final
and binding. MOIL / MSTC reserves the right to withdraw from the sale after
advertising, e-auction, after issue of sale intimation letter / after issue of
delivery order or at any stage, any quantity of the material without assigning
any reasons thereof. MOIL / MSTC shall not be responsible for any compensation /
damages / loss what so ever to the bidder and customer on account of such
withdrawal / cancellation.
13. PAYMENT SCHEDULE:
(i) After closure of the auction, successful bidders will have to deposit
sale value and all other charges in advance by way of demand draft in favour of
"MOIL LTD." drawn on any scheduled bank, Payable at Nagpur along with debit
advice from issuing bank, within 8 days, excluding the day of auction, at MOIL
Nagpur.
(ii) Alternatively, Open an irrevocable Letter of Credit favoring "MOIL LTD."
within 8 days, excluding the day of auction.
Successful Customers may also make payment through irrevocable Letter of
Credit payable at sight of any nationalised bank or any bank acceptable by MOIL
having paying branch at Nagpur. L/C should have validity of at least 60 days
from the date of closure of the auction. L/C proforma is to be obtained from
MOIL. All bank charges and delayed payment interest @15% per annum shall be to
opener's account.
(iii) Alternatively, Successful Bidder may also deposit over R.T.G.S. as per
details.
RTGS Code No. : IBKL0000041
Banker's Name : IDBI Bank Ltd.
MOIL Bank A / c No. : 041102000018027
Beneficiary : MOIL LTD.
Bank Address : Gupta House, Civil Line, Nagpur
(iv) For Exports only : Successful Customers may also make payment through
irrevocable Letter of Credit payable at 45 days from the date of Invoice of any
nationalised bank or any bank acceptable by MOIL having paying branch at Nagpur.
L/C should have validity of at least 90 days from the date of closure of the
auction. L/C proforma is to be obtained from MOIL. All bank charges and delayed
payment interest @15% per annum shall be to opener's account.
(v) In case of 2 "successive" or "any" default in payment, or non opening of
an irrevocable Letter of Credit, failure to lift material or take delivery of
material within stipulated period or request for cancellation of order, apart
from forfeiture of EMD, MOIL shall also debar the defaulter (on the second time
failure) from participating in the next 2 forthcoming e-auctions. However,
thereafter if he still fails, MOIL reserves the right to debar the defaulter
from participating in e-auction for such period as decided by MOIL management.
However, in case party fails for the third time also, i.e. after the debarring
twice from participation, in such case the party will be allowed to participate
after obtaining approval from the Company. MSTC should inform MOIL in advance,
in such cases.
(vi) Apart from bid price, successful bidder will also have to make full
payment of other statutory charges, taxes, ED levies like royalty, SED, sales
tax and surface transportation charges, entry tax, transit fee etc. wherever
applicable, at the prevailing rates. In case there is any change in these
charges after the closure of auction but before completion of lifting, changed
rates will be payable for the quantity balance on the date such change in rates
is made effective.
(vii ) Rates of other charges as on date are: Excise duty: Ferro
Manganese/Slag, applicable Excise Duty is 10% plus 2% education cess,1%
Secondary and Higher Secondary education cess. Sales Tax: Ferro Manganese/Slag
5% will be charged for the Buyers from Madhya Pradesh as VAT and 2% CST will be
charged for the Buyers from other states. Manganese Ore:Royalty-4.2%; Excise
duty-Presently not applicable, however if applicable at a later date the same
shall be extra as applicable.; 5% will be charged for the Buyers from Maharashta
State as VAT and 2% CST will be charged for the Buyers from other states.
14. DELIVERY OF FERRO MANGANESE/SLAG /MANGANESE ORE:
(i) The auction of FERRO MANGANESE/SLAG/MANGANESE ORE is being done for
specific grade and size. No refusal, after acceptance of bid, will be
entertained for bided FERRO MANGANESE/SLAG/MANGANESE ORE .
(ii)After closure of e-Auction, a system generated automatic sale intimation
letter will be issued through e-mail to the successful bidders by MSTC, advising
them to deposit full value along with other charges within stipulated time. It
must be clearly understood that value will have to be deposited within
stipulated time counted from the date of closing and not from the date of
intimation letter. Buyers must check the result / status of their bid from MSTC
website. Non receipt or delay in receipt of sale intimation letter by e-mail for
any reason whatsoever will not confer upon buyer any right to retract his bid
and EMD shall be forfeited in such a case.
(iii)Successful bidder would approach MOIL HQ with Photo ID issued by MSTC
along with payment. Copy of Income tax PAN Card will also be considered as an
Identity. MOIL will issue him Release order/Rail consent. Release order / Rail
consent will be issued next day of submitting value i.e. after Demand draft is
credited in MOIL's account. In case, instead of buyer himself, he sends his
representative for the purpose, the representative should carry an Authority
Letter issued by the Photo ID card holder along with photo ID of buyer or
notarized copy of photo ID.
(iv) Weighment: The weighment recorded at MOIL weighbridge will be final.
(v)Quality: The quality as analyzed by MOIL and mentioned in the quality
certificate issued by Chief/ Dy.Chief Process /Mines Manager or his authorized
person will be final for all purposes. No bonus or penalty shall be payable by
parties (buyer or seller) for variation in Manganese or other constituents, size
etc.
(vi) Transportation: The buyer will arrange for transport, and on their
specific authorization, the material will be handed over to the transporter.
Loading shall be arranged by MOIL.
15. VALIDITY PERIOD- ROAD / RAIL : Where allotted quantity is equivalent to
one full rake load approx. from a particular point, customer may take materials
by rail also. (i) Validity period of Release order issued will be 30 days from
the date of issue. Although MOIL will make all efforts to supply the material
within this period, however, if dispatches are not made within stipulated time
for reasons attributable to MOIL, due extension of time will be given without
any claim whatsoever. (ii) However, in case buyers fail to lift full quantity
within validity period, amount equivalent to EMD for unlifted quantity will be
forfeited.
16. FORCE MAJEURE: MOIL will not be liable for any failure or delay in
performance due to any cause beyond their control including but not limited to
Fires, Floods, Strikes, Go-Slow, Lock-outs, closure, Pestilence, Dispute,
Epidemics, Political upheavals, Government action, Civil commotion, Breakdown of
machinery, shortage of labour, Acts of God etc. It will be the sole discretion
of MOIL to extend time of performance after cause of delay will have ceased to
exist. The provisions aforesaid shall not be limited or abrogated by any other
terms of contract whether printed or written.
17. SPECIAL CONDITIONS for EXPORT : Lots put up for sale may be quoted by
domestic customers as well as exporters.
1) Quantity bidded for exports is against 'H' Form, CT1 Form etc.
2)Successful bidders will have to comply with all statutory formalities on
their part; facilitating removal of goods from MOIL site without payment of
Excise duties and Sales tax.
3) Successful bidders must ensure submission of the following documents
before lifting of materials:
(a) Certified copy of sales tax registration certificate.
(b) Copy of certificate of registration of recognition from Ministry Of
Commerce granting status of Export house.
(c) Registration cum membership certificate from Federation of Indian Export
organisation
(d) Copy of certificate of incorporation from Registrar of companies.
(e) Copy of PAN certificate.
(f) Bond B-1 (general bond with surety) for despatch of excisable goods
executed by the buyer in favour of Asst.commissioner of Central Excise Customs,
Chhindwara or relevant authority.
(g) Original and duly sealed and certified copy of CT1 issued by concerned
Central Excise authority.
(h) A blank Form 'H' in duplicate duly signed by the buyer in advance for
exemption of sales tax or else the Form H be given within 3 months from the date
of MOIL's invoice.
(i) Copies of confirmed export orders and letter of credit credit (or other
relevant documents in lieu of L/C) received from foreign buyers.
(j) In the event documents under clause (b) and (c) are not available, the
exporter can also give RCMC certificate of Engineering Export Promotion Council.
(k) Copy of IEC.
4)Bank guarantee of successful bidders will be released only upon submission
of complete export documents to the satisfaction of MOIL like, B/L, Form ARE1,
Custom's invoice, Shipping bill, Proof of Export from nearest excise department
etc. towards proof of exports within 3 months from the date of MOIL's invoice.
18. WEIGHMENT :
(i) In case supplies are moved by rail:
a) The net weight ascertained by actual weighment of the wagons by the
railway weighbridge and shown in the railway receipts shall be binding on both
the Buyer and the Seller.
b) In the event of the concerned railway weighbridge being out of order
and/or prior knowledge that wagons would not be weighed, due to other reasons,
weight will be determined on the basis of Weight Volume Ratio (W.V.R.) and shall
be binding on both Buyer and Seller.
Before loading of wagons for each grade of ore, the W.V.R. will be assessed
adopting following procedure.
A tipper/truck will be engaged by the seller and the effective volume of
tipper/truck will be measured by taking average length, width and height of the
tipper/truck. A grade of ore will be loaded in the truck after determining the
tare weight of the truck on a weigh bridge. The volume of the loaded ore shall
be calculated on the basis of length, width and height of the truck /tipper and
average height of the loaded ore. The W.V.R. will be determined by dividing the
net weight of the ore by volume of the ore. For determining the W.V.R., the
number of trucks of ore will depend upon the number of wagons to be loaded with
the particular grade and will be generally as follows:-