|
LAST DATE OF
SUBMISSION OF EMD :
As specified in
e-Auction Catalogue
PAYMENT OF EMD : BY DEMAND DRAFT ONLY
DATE AND TIME OF E-AUCTION :
As
specified in e-Auction Catalogue
PAYMENT OF BALANCE MATERIAL VALUE: BY DEMAND DRAFT / LC
EMD FOR LOT :
As
specified in e-Auction Catalogue
MINIMUM QUANTITY TO QUOTE FOR LOT :
As
specified in e-Auction Catalogue
1.
Orissa
Manganese & Minerals Ltd.
who are owner/seller of Manganese Ore/Fines etc., is hereinafter
referred to as “Seller” or Principal or “OMM” and MSTC Ltd, the
service provider to conduct e auction as, “MSTC”.
2. Manganese Ore/Fines etc offered for sale through e-Auction is
open to all, consumers and non-consumers . Bidders will be required
to comply with the formalities and conditions of Orissa Government
Mining Rules. They will be required to comply with all statutory
formalities on their part facilitating removal of goods from OMM
site.
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.mstcecommerce.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. As such only
domestic customers 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) Prospective bidder/buyer will
have to deposit non- interest bearing EMD for lot no.1, 2 ,
3,4,5,6,7, 8 & 9 for the quantity that the bidder desires to
bid/purchase, the required EMD is at the rate of Rs. 300/- per
Metric tonne (MT). (ii) Earnest money has to be deposited by way of
Demand Draft in favour of “MSTC Limited-EMD Iron Ore.” 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 MSTC’s KOLKATA office at 225 F, 2nd
FLOOR, A J C BOSE ROAD, KOLKATA 700020. Or at the offices of MSTC
Limited (Address details of which are available in the website at
www.mstcindia.com
)
6. EMD will be
accepted till 12 NOON on the last date of submission of EMD as
indicated above. Bidders sending EMD by post/courier, may do so at
their own risk. MSTC/OMM 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
material or 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, Licence for
Manganese Ore issued by Orissa Govt. 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/OMM
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 OMM after completion of delivery . EMD of successful
bidder will be adjusted with sale value and on receipt of full sale
value release order will be issued by OMM. iii)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/OMM within a period of 10 (ten) days of
completion of transaction. No interest shall be payable by MSTC/OMM
on the EMD.
9. FLOOR PRICE: OMM
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/grade
wise for road mode for base price only. (ii) For Lot
No.1,2,3,4,5,6,7& 8 Bidders have to bid minimum 500 MT respectively
and thereafter in multiples of 500 MT . (iii) For Lot No. 9 Bidders
have to bid minimum 1000 MT and thereafter in multiples of 1000 MT.
(iv) Auction period will normally be 1.00 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. (v) OMM
reserve the right to accept or reject any bid without assigning any
reason and no claim/dispute whatsoever shall be admissible. (vi)
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 for a higher bid quantity. c) In case
two or more parties bid for same price and quantity then preference
is given to the party that place the bid earlier. d) 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.
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 “ORRISA MANGANESE & MINERALS LTD.” drawn on any
scheduled bank, Payable at KOLKATA along with debit advice from
issuing bank, within 8 days, excluding the day of auction, at
OMM,KOLKATA. Alternatively, Open an irrevocable Letter of Credit
favoring “ORISSA MANGANESE & MINERALS LTD.” within 8 days, excluding
the day of auction (ii) Successful Customers may also make payment
through irrevocable Letter of Credit payable at sight of any
nationalised bank or any bank acceptable by OMM having paying branch
at KOLKATA. 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
OMM. All bank charges shall be to opener’s account. (iv) In case of
default in payment, or non opening of an irrevocable Letter of
Credit, apart from forfeiture of EMD, OMM also reserves the right to
debar the defaulter from participating in forthcoming e-Auctions for
such period as decided by OMM management. (v) 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. ( vi ) Rates of
other charges as on date are: Manganese Ore, Sales Tax: 4% will be
charged for the Buyers from Orissa as VAT and 2% CST will be charged
for the Buyers from other states.Royalty-For Item no 1,2,3,4,5 & 9
will be @ Rs 37.01 pmt and for Item no 6,7,&8 will be @ Rs 84.17 pmt
or as applicable on the date of lifting. Excise duty-Presently not
applicable, however if applicable at a later date the same shall be
extra as applicable. Entry Tax @1% shall be charged extra from the
buyers from Orissa.
14.
DELIVERY OF MANGANESE ORE
(i) The auction of MANGANESE ORE is being done for specific grade
and size. No refusal, after acceptance of bid, will be entertained
for bided 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 OMM
HQ with Photo ID issued by MSTC along with payment. Copy of Income
tax PAN Card will also be considered as an Identity. OMM will issue
him Release order. Release order will be issued next day of
submitting value i.e. after Demand draft is credited in OMM’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 OMM weighbridge will be final.(v)Quality: The
quality as analyzed by OMM 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 Quality 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 OMM.
15. VALIDITY PERIOD- ROAD:
(i) Validity period of Release order issued will be 30 days from
the date of issue. Although OMM will make all efforts to supply the
material within this period, however, if dispatches are not made
within stipulated time for reasons attributable to OMM, 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: OMM
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 OMM to extend time of performance after
cause of delay will have cease to exist. The provisions aforesaid
shall not be limited or abrogated by any other terms of contract
whether printed or written.
17. Weighment :
a)
The net weight ascertained by
actual weighment of the Trucks/Tippers by the OMM weighbridge at
Koira and shown in the weighment card shall be binding on both the
Buyer and the Seller.
b)
b) A tipper/truck will be engaged
by the seller. A grade of ore will be loaded in the truck after
determining the tare weight of the truck/tipper on the weigh bridge.
c)
The buyer
will have the
right to depute their representative to supervise such weighment at
the seller's mines and if a representative is so deputed, the
weighment certificate will be signed jointly by the representative
of the seller and the buyer. In case the buyer fails to depute a
representative, then the representative of common sampler (third
party viz.; M/s Mitra SK) will witness the process of determination
of Weighment.
18. DELIVERY:- Supply
will commence only after issue of delivery order . The Seller's
responsibility will cease and the Buyer shall become responsible for
the consignments after handing over the material at Mines to the
buyers carrier (i.e.the transporter).
19. Over Loading Penalty :
(a) OMM will be loading as per the permisible carrying capacity of
Trucks/Tippers based on weighment carried out on Weigh Bridge and
will not be responsible for payment of any penalties for excess
loading to any Authorities.
20. GENERAL: (i) The
decision of OMM management in matters related to this e-Auction
shall be final and binding on buyers/bidders . (ii) All matters
related to e-Auction will be subject to jurisdiction of Kolkata High
Court. (iii) Delivery will be given on actual weighment basis. (iv)OMM
/ MSTC reserve the right to modify or amend any of the terms &
conditions. Any interpretation of any clause will be subject to
clarification by OMM which will be deemed as firm and final. (v) It
is in the interest of buyers/bidders to keep their e-mail account
valid all the time and keep their e-mail password secret, failing
which they will be liable for non compliance of payment terms due to
non-receipt of e-mails from MSTC. (vi) Registration of customers
with MSTC is a continuous process. Nevertheless prospective bidders
registering themselves 3 days prior to date of auction shall be
assured of their eligibility to participate in the said e-Auction.
(vii) In addition to these terms and conditions, the buyer specific
terms and conditions (BST) and general terms and conditions (GTC)
will also form an integral part of terms and conditions of sale
through e-auction. In case of any contradiction, these Special Terms
and Conditions shall prevail. (viii) Bidders must be extremely
careful to avoid any wrong bidding (whether typographical or
otherwise) and they must check and rectify their bid (if required)
before submitting their Bid into the live e-auction floor by
clicking the “Bid” button. In case a bidder gives a bid which
exceeds the current H1 / Floor Price by Rs 200/- or more, then an
alert message shall 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. 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/Principal in this regard. (ix) The Auction
List and Special Terms and conditions (STC) being displayed in the
Auction Notification under “View Forthcoming Auctions” on MSTC’s
eAuction Website or being displayed in MSTC’s Corporate Website (www.mstcindia.com)
are tentative and subject to last moment changes at MSTC’s sole
discretion till the start of e-Auction. Only the Auction List and
Special Terms and Conditions displayed on the Auction Floor under
“View Live Auctions” (and not under “View Forthcoming Auctions) on
start of e-Auction will be final and will form the basis for all
sale contracts against this e-Auction and no representation /
complaint in this regard will be entertained by MSTC / Principal
from the Bidders. (x) During Live Auction and before Bidding, it
will be the responsibility of the Bidders to see the hyperlinked
“Item Details” by clicking on the respective “Lot Name” and no
representation / complaint in this regard will be entertained by
MSTC / Principal from the Bidders.
Address of ORISSA MANGANESE & MINERALS LTD.; Dy GM (COMMERCIAL),
Lansdowne Towers ; 2/1-a,Sarat Bose Road ; KOLKATA-700 020. PHONE
NO. PBX-033-30517140, e-mail:
pcsethia@adhunikgroup.co.in
Address of M/S MSTC LTD. 225-F 2nd Floor, A J C BOSE
ROAD, KOLKATA 700020 PHONE NO. 033 2287-7557 / 1523, 2289-1401
/ 5064, 2290 - 1004
** WHILE SENDING
EMD BY POST/COURIER TO
MSTC
THE ENVELOP SHOULD BE ADDRESSED TO:
MSTC LTD.
(EMD- OMM)
225-F 2nd
Floor, A J C BOSE ROAD,
KOLKATA 700020.
PHONE NO. 033 22871523 ,22877557, 22870964 /22891401, 22901004(D)
E-mail
amahalanabis@mstcindia.com,
vbejgotra@mstcindia.com,
vikash@mstcindia.com
|