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| (A GOVERNMENT OF INDIA ENTERPRISE) |
1. The list of materials put up for sale by tender may please be seen at Annexure - 'A' attached herewith.
2. The rates are to be submitted only in Annexure - 'B' attached herewith.
3. Ministry of Defence, Government of India, shall be hereinafter referred to as stockholder.
4. Tender sets can be obtained from any of the under mentioned offices of MSTC against written application and on payment of Rs. 300/- (all inclusive) per set by way of Cash/pay order/Demand Draft in favour of MSTC Limited payable at station concerned.
Prakash Deep (7th Floor), 7, Tolstoy Marg, New Delhi-110001
5. The tender must be submitted by Specified Times on the date as mentioned on first page of tender documents at MSTC Ltd. New Delhi.
6. All tender should be kept open for acceptance for a period of 45 (Forty Five) days from the date of opening.
7. Tender will be opened immediately thereafter in the presence of such tenderers who may like to be present.
8. The material are lying at various sites as per the details given in the Annexure 'A'
9. a) The material offered for sale may be inspected at the above-mentioned sites of the stockholder. All the materials are offered for sale on "As is where is basis'. Quotation must be submitted for each individual lot. Since the sale in on 'as is where is' basis, non-complaint whatsoever regarding conditions/deficiency of the material will be entertained at any stage. Tenders received with Earnest Money less than the requisite amount will be rejected summarily.
b) NOTE
FOR PARTICIPATION IN RESPECT OF HAZARDOUS WASTES
As per direction of the Ministry of Environment and Forests (MOEF) such units/ reprocessors who are registered with MOEF can participate in the auction/tenders for purchase of waste/used oil, old/used lead acid batteries and non-ferrous metallic wastes. Public notice, in this regard, has already been issued by Central Pollution Control Board (CPCB) in the press in August & September 1999 as also in May 2000 on behalf of MOEF.
Knowing fully well as above if any tenderer, who is not registered with MOEF, still submits his quotation for such specified material then it shall tantamount to misleading and concealment of facts hence MSTC/Owner may initiate action as per law of the land in addition to security deposit.
10 Earnest money amount
The tender should be accompanied with Earnest Money @ 20% of the total sale value of each lot quoted for by way of Demand Draft/Pay Order on any Nationalised Bank in Favour of MSTC Ltd. New Delhi Payable at New Delhi.
11 Payment towards Earnest Money/Security Deposit excluding taxes and duties must be made by way of DD/PO on any scheduled bank in favour MSTC Ltd. payable at New Delhi.
12. The contract shall be treated as having been concluded as soon as a letter of acceptance is issued by MSTC to the successful tenderer. The period of contract shall be 45 days from the date of issue of acceptance letter by MSTC. The contract shall be deemed to be completed as soon as the area is cleared by the buyer for tendered quantity or on completion of the period of contract as mentioned above, whichever is earlier.
13.
PAYMENT TOWARD MATERIAL VALUE
The Schedule of payment will be as follows:
(a) The 80% value of each lot and all taxes/duties as applicable have to be paid at a time along with the required security deposit (if any) within 10 (ten) days from the sate of issue of letter of acceptance (including the date of issue) by MSTC.
(b) Security deposit, if any, as envisaged in the General terms and Conditions of Tender is payable along with the full value of material including taxes/duties, as the case may be.
(c) A formal delivery order shall be issued by MSTC only after receipt of the full payment including al taxes/duties etc. against each lot.
14.
DELIVERY PERIOD
The materials offered for sale are on 'As is where is basis'. The successful tenderer shall remove each lot allotted to them by employing their own labour and transport at their own cost from the area allotted to them within 30 (thirty) days from the date of issue of sale-cum-Delivery Order by MSTC or within such time as may be prescribed in the delivery order. The successful tenderer shall lift the material only from the lot/site/space as may be earmarked by the stock-holder from time to time which should be final and binding on them and they shall observe the rules & regulation and working hours as may be fixed by the Stock-holder. The successful tenderer shall remove the lot only after fulfilling terms and conditions of tender including payments and on issue of Delivery Order by the Competent Authority.
15. These terms and conditions are to be read in conjunction with the General Terms and Conditions attached herewith.
16. All tenders are to be submitted in sealed envelop superscribed with tender notice number in the Tender Box which is et in venue mentioned above on any working day up to date & time as specified at Page 1 Sealed tender may also be sent by post as to reach the above venue before the closing date and time indicate above. For any postal delay or for any other reason MSTC/Stock-holder will not be held responsible.
17. Unless otherwise stipulated against any particular items/ materials/ put up for sale in the tender documents the materials shall not be exported by the buyer outside the territory of India and the buyer shall have to submit an undertaking to effect to MSTC Such undertaking will be in favour of the President Of India and will have to be submitted with MSTC along with the payment towards material value as per clause 13 of the Special Terms & Conditions of tender. In case of any failure on the part of the buyer to submit such an undertaking within the stipulated time, the sale will be deemed not to have been accepted by the MSTC/Stock-holder and the sale will stand automatically cancelled without any further reference to the party.
DECLARATION BY THE TENDERER
I/We have understood the above Special Terms & Conditions as well as general Terms & Condition of Tender (attached with the tender) which are returned herewith duly signed by me/us in token of having accepted the same in toto and I/We have made my/our offer keeping in the view these terms and conditions.
The PEMD Scheme of MSTC will not be recognised in this Tender.
Signature Of Tenderer : ..............
Full Name :................
Status : ......................
Telephone Number ...............
Name Of the Tendering Firm: .........
Address Of The Tendering Firm: ..........
.......................
.......................
Our SC/CST No. is .......................
Our Banker are .......................
Our Account
No. as ..............
(AFFIX RUBBER STAMP HERE)
GENERAL TERMS AND CONDITION OF TENDER
1. MSTC Limited shall be hereinafter referred to as MSTC and the successful tenderer (i.e. the tenderer in whose fevour the contract may be awarded) shall be hereinafter referred to as the buyer.
2.
MODE OF SUBMISSION OF TENDER
2.1 All tender must be submitted in the prescribed form only and in sealed covers superscribed with the reference number of the tender enquiry. The tenders must be addressed to MSTC Limited, Domestic Trade Division, Northern Regional Office, Prakash Deep (7th Floor), 7-Tolstoy Marg, New Delhi-110 001 and be put in a tender Box placed for this purpose at the said address.
2.2 Tenderer should enclose inside the sealed cover containing the tender, the following documents:
(a) Demand Draft/Pay Order towards Earnest Money.
(b) The Special as well as General Terms and conditions of tender, both duly signed by the tenderer in token of having accepted the same in toto.
2.3 No telex/telegraphic/fax quotations will be accepted.
2.4 Tenderers sending their tenders by mail will do so solely at their own risk and MSTC will not be responsible for any loss in transit or postal delay.
2.5 Incomplete tender or tenders submitted with qualifying conditions at variance with the Special as well as General Terms and conditions of tender are liable to be rejected summarily.
2.6 In the event of MSTC's office remaining closed on the day of opening of the tender for any unforeseen reason, the tender shall be received upto 2-30 P.M. on the next working day for MSTC and will be opened immediately thereafter in the presence of such tenders who may like to be present, MSTC shall not entertain any complaint as to the fact that the tenderers were not aware of the exact next working day and it is the responsibility of the tenderers to find out from the office of MSTC about such details. MSTC does not undertake any responsibility whatsoever to inform any or all the tenderers such changes and it is within the rights and discretion of MSTC to take all such decision and the same shall be binding on the tenderers.
3. EARNEST MONEY/SECURITY DEPOSIT
3.1 The tender should be accompanied by Earnest Money deposit of 20% of the total sale value of each lot quoted for on any scheduled bank in favour of MSTC Limited by way of DD/PO for separate lot preferably by Separate DD/PO, payable at Delhi. However, in case any tenderer wishes to submit a single PO/DD for the total Earnest Money becoming due against all the lots quoted for, he should furnish the break up of the Earnest Money submitted against each lot quoted for in the appropriate column provided for this purpose in the Schedule of rate (s). No interest will be payable on the Earnest Money. For the purpose of calculation on Earnest Money, taxes/duties etc. will not be counted.
3.2 Earnest Money in any other form, example cheque (including cheque made" Good for payment" by the bank). Bank Guarantee, Bid Bonds/Call Deposits etc. will not bet acceptable to MSTC and any request to recoup earnest money from "Tenderers" pending bills or for adjustment of the same from previous Security Deposit, if any, or from any other amount lying with MSTC/Stock-holder shall not be entertained. Further permanent financial arrangement entered into with MSTC/Stock-holder, if any will also not be applicable to the tender.
3.3 In case unsuccessful tenderers, the Earnest Money will be refunded after the expiry of the offer or earlier at the discretion of MSTC.
3.4 In case the tender is accepted and the receipt of the due payments towards full value of the materials including taxes/duties (as them case may be) as per the payment terms stipulated in the Special Terms and Conditions, the Earnest Money deposited by the successful tenderer against each accepted quotation shall be automatically converted into Security Deposit. In case the tender is accepted and the tenderer(s)/buyer(s) refuses/fails to make further financial arrangements towards the full value of materials including taxes/duties as stipulated in the Special Terms and Conditions of the tender, the full Earnest Money against the particular accepted lot(s) shall be forfeited without prejudice to the right of MSTC to claim such further damages in this regard without further reference to the tenderer(s)/Buyer(s).
3.5 No interest is payable by MSTC on the Security Deposit. The Security Deposit(s) is /are adjusted only at the time of issue of Delivery Order and on receipt of 80% of material value.
4.
QUALITY AND QUANTITY
4.1 The goods, will be sold on "As is where is" basis in so far as the physical condition of the same is concerned. That is to say, the tenderer(s) will be deemed to have made themselves aware of the physical conditions, dimensions, size, weight, working conditions etc. by inspecting the material before submitting their tender and no complaint/claim in this regard will be entertained by MSTC after the submission of the tender.
4.2 Tenderers may quote for all or any of the lots mentioned in the schedule of Rate(s) but no quotation for parts quantity of material in any particular lots will be accepted. Separate Earnest Money shall be payable for each of the lot quoted for.
4.3 Where goods are sold on "lot" basis and not by unit weight/number basis, the entire material lying in the lot will have to be lifted by the buyer(s) so as to clear the entire lot. The quantity, if indicate in such cases against the respective lots, are purely indicative and MSTC/Stock-holder shall not entertain any claim/complaint from the buyer(s) for any deficiency in quantity/quality/size/dimension of for refund of the whole or any part of the purchase money or loss of profit or interest/damages or otherwise.
4.4 Where the goods are sold by unit weight or number and not on the basis of "lot", the quantity indicated in such cases against the respective lots are purely indicative which in actual may turn out, to be more or less than the indicate quantity after duly completion of the lifting by the buyer(s), the buyer(s) shall not be entitled to claim any damages, loss of interest of compensation of any other account, but shall be entitled to proportionate refund.
4.5 MSTC reserves the right to withdraw from sale the materials offered for sale in full or part thereof prior to or after the acceptance of the tender without assigning any reason whatsoever.
4.6 MSTC reserves the right to accept or reject the highest tender without assigning any reason and the contract of any or all the lots may be allotted by MSTC to one or more than one tenderer as MSTC may deem fit and no claim/complaint in this regard will be entertained by MSTC/Stock-holder.
5.
INSPECTION
5.1 The materials quoted for may be inspected at the Stockholder's site by prior appointment with the concerned department of the Stockholder and by observing the usual entry procedure in the works of the Stockholder. The discretion to allow any person to inspect the stores would rest solely with the Stock-holder and the mere fact of producing the tender paper at the concerned works of the Stock-holder will not confer any such right on the person concerned.
5.2 The material quoted for may be inspected at the appropriate site(s) as indicated in the Schedule of Rate(s) and tenderers (s), should thoroughly satisfy themselves about the nature, condition and quality of the materials and working conditions. MSTC/ Stockholder give on guarantee or warranty as to the conditions of the material of/its quality or its fitness for any specific purpose or use. It should be clearly understood that no claim/complaint about the quality/quantity/condition fitness for use shall be entertained by MSTC/ Stock-holder.
6. PERIOD OF CONTRACT
6.1 The period of contract will be as specified in the Special Terms and Conditions of tender. Unless the materials are lifted within the stipulate time, the contract for the quantity not lifted within the stipulated time shall be deemed to have been cancelled and MSTC/ Stock-holder shall be at liberty to dispose them off without prejudice to its rights against the buyer(s). If further material is left in the area allotted to the buyer(s) after the period of contract MSTC may at its sole discretion give the extension of time to the buyer(s) to complete the contract in all respect and the buyer(s) shall remove the materials during the extended period also at the same contract rate as provided for, subject to the price escalation clause.
7.
DEFAULT IN PAYMENT BY THE BUYER
7.1 In case of default in payment within the time limits specified in the special terms and conditions of tender, the due payment may be made together with additional charge@ 1% per week or part thereof on the full sale value of the lot for payment with the additional charge after the expiry of the above mentioned time limits or even within the aforesaid additional period of 14 (fourteen) days at MSTC's sole discretion and in such in event the sale of the lot will be automatically cancelled and the Earnest Money/Security Deposit (as the case may be) of the tenderer will automatically stand forfeited and in addition, the terms of clause 12 herein will be applicable.
8.
DEFAULT IN LIFTING BY THE BUYER
8.1 In case of any default in lifting the materials by the buyer(s) within the time limits specified in the Special Terms and Conditions of tender, the outstanding material may be lifted within 14 (fourteen) days from the due dates subject to payment of ground rent for the period of delay beyond the specified free delivery period. Incase of goods sold on 'lot ' basis, the ground rent will be payable @ 2% per day of the value of the entire lot even lifted, whereas in case of goods sold on unit/number basis the ground rent will be payable @ 2% per day of the value of the unlifted quantity. However, it will be the sole discretion of Stock-holder not to allow the buyer(s) to lift the material with or without the ground rent after the expiry of the stipulated free delivery period or even within the aforesaid additional period of 14 (fourteen) days and in such event the sale of the material not lifted by the buyer(s) will be automatically cancelled and the Earnest Money/Security Deposit (as the case may by) will automatically stand forfeited and in addition, the terms of the Clause 12 hereinafter will be applicable.
9 SALES TAX/EXCISE DUTIES AND LEVIES
9.1 All taxes including sales tax of other levies, entailing on the transaction under any provincial, local or central taxes in force for the time being or enforced hereafter having its impact on the transaction, will be to tenderer's account and shall be deposited by \him along with cost of the material.
9.2 In case of incidence of Central Sales Tax on the transaction the materials will have to be transported by the buyer(s) through a registered Public Transport Contractor across the state border and a copy of goods Receipt Note duly signed by the consignee will have to be sent by the buyer(s) to the consignor.
9.3 The materials to be purchased by the tenderer shall be subject to all such duties (including excise duty) as may be applicable from time to time and the same shall have to be borne by the buyer.
9.4 Whatever rate of excise duty/sales tax/other levies etc., if any, be assessed/applicable on the date of actual removal/lifting of material shall be paid by the buyer(s).
9.5 The buyer(s) will be responsible for complying with the provisions of the Central and State Excise and Salt Act and the Sales Tax Act of concerned State and the rules framed there under and also by the order of instruction issued in this behalf by the appropriate authority.
9.6 In the event of any dispute with regard to excise duty and Central Excise Authorities levying any additional charges, such duty/charge shall be payable by the buyer(s), Penalty imposed by excise authorities for nonobservance of excise procedure by the buyer(s) shall also be borne by them.
9.7 Tenderers wishing to avail of local sales tax concession against form may note the following points for compliance:
a) Every declaration form should contain registration number of the dealer.
b) Sales tax declaration form should be properly and fully filled up by dealer legibly without any cutting/over writing.
c) The declaration form should contain P.O. number duly filled in by sales tax authority.
d) The signature in the declaration form should match that on the sales tax registration certificate of the dealer.
e) Original Sales Tax registration certificates should be produced as and when demanded by MSTC/Owners.
f) Items for which sales tax declaration form is issued should be covered by the regn. Certificate. Items should be clearly mentioned on the form.
g) Sales tax form complete in all respects as above should be submitted along with the payment towards material value. Any delay in submission of the same will not be accepted and full tax is to be deposited in such cases.
10. PRICE ESCALATION
10.1 In the event of any increase in the base price of different metals/items specially mentioned in the Schedules of Rates by agencies such as MMTC and JPC due to whatever reason by MSTC/Stock-holder or in the course of the contract till expiry of the contract period including the extended period of the contact, MSTC reserves the right to escalate the accepted price proportionately and the extra price thus worked our will be binding on the tenderer. In case of items the base price will be the price of F.O.R. railhead destination. MSTC also reserves the right to cancel the contract without assigning may reason if such escalation of price is not agreed to by the buyer(s).
10.2 In the case of coal/coke items tenderer for sale, the price escalation as per clause 10.1 above will be governed by any of the base price (i.e. price excluding all taxes/levies/cess etc.) of respective coal item by Coal India Ltd. or any of its units/subsidiaries.
10.3 The escalation shall be understood by the tenderer(s) as applicable even to those lots for which the tenderer(s) made payment at the pre-escalated price but could not lift before revision due to escalation coming into force. In effect, the tenderere(s) shall agree to pay a price, which shall be the price in force on the date of lifting of the material.
11. DELIVERY
11.1 The buyer(s) shall lift the full materials lying in the lot quoted for by employing their own labour and transport at their own cost from the area within time stipulated in the Special Terms and Conditions of Tender or within such time as may by prescribed in the delivery order. The buyer(s) shall lift the materials only from the lots/site space as may be earmarked/demarcate by the Stock-holder from time to time which should be final and binding on the buyer(s) and they shall follow the rules and regulations and working hours as may be fixed by the Stock-holder. The buyer(s) shall lift the quantity only after fulfilling the provisions of advance payments and issue of Delivery Order by the Competent Authority. The buyer(s) shall follow the procedure for taking the material out of the Stockholder premises prevailing in the respective works of the Stockholder. The buyers shall not be allowed on weekly holiday and closed holiday observed by the Stockholder.
11.2 The materials have to be removed on 'as is where is ' basis at the buyer's own cost. No processing other than as may be required for convenient transportation will be permitted at the sole discretion of Stock-holder before removal from the Stock-holder's premises. The buyer(s) shall not be provided with any equipment including dozer, scrapper, gas, power, water facilities etc. by the Stockholder. The buyer(s) have to arrange for any of these at their own cost and they shall have to take prior permission from the Stockholder for this purpose.
11.3 The locations where the lots are lying are one of the areas of active work. Under no circumstances shall the operation of the buyer(s) interrupts/interfere with normal operation of the Stockholder. Further the buyer(s) shall not indulge in any operation, which could interfere with Stockholder's plant installation, if any, in their vicinity of the site. If any damage or loss is caused to the employees or the property of the Stock-holder or if any claims are made against MSTC/ Stock-holder by reason of any acts of commission or negligence on the part of the buyer(s) or on the part of their agents, representatives or employees, MSTC shall be entitled to recover such losses or damages or claim as may be ascertained by Stock-holder (which ascertainment shall be final and binding on buyer) from any amount due to the buyer(s) including the advance made/to be made by the buyer(s) as the Earnest Money/Security Deposit (as the case may be) without prejudice to MSTC's rights to take further action under the contract as well as recover such losses, damages or claim from any other money due or becoming due under any other transaction with MSTC/ Stock-holder or from the buyer(s) directly.
11.4 The buyer(s) shall follow the Stockholder's procedure in regard to the issue of Gate Passes for taking the material out of the Stockholder works. The buyer(s) shall use for the above purpose only trucks/vehicles/cranes having area passes recommended by the owner and issued by appropriate authority.
All the motor trucks/tractors/trailers/cranes and other material handling equipment of the buyer(s) shall be duly registered, taxes paid properly ad otherwise properly maintained in accordance with Motor Vehicles Act or Rules or any other acts, rules in force.
The Stockholder shall allow a reasonable number of the Buyer's authorised representatives/ workers/trucks at the sole discretion of the Stockholder assigning any reason.
11.5 The buyer(s) will have to fulfill the safety rules, security rules and be governed by the rules under the Factories Act etc. for the representatives of the buyer(s) prevailing from time to time. The buyer(s) shall supply safely equipment and appliances to their workers at their own cost.
It shall be the entire responsibility of the buyer(s) to ensure that their vehicles are not driven with so high a speed or in so reckless or such manner as to cause and accident or prove to be potential threat to the safety of the traffic. Where speed limit has been fixed, the buyer(s) and their drivers will strictly adhere to slow and safe driving inside the Stockholder's works.
11.6 The buyer(s) shall be fully responsible for the acts or their representatives/workers and shall fully indemnify MSTC/Stock-holder for losses/damaged(s) sustained by MSTC/Stock-holder. The MSTC/ Stock-holder will not be responsible for ay claim from labour employed by the buyer(s) and the buyer(s) shall wholly and fully be responsible for such claim for compensation either for accident or injury/death or damage during operation to their employees transport to the Stockholder's property.
11.7 The buyer(s) or any of their representative worker/agent shall not indulge in any activity which is directly or indirectly prejudicial to MSTC/Stock-holder interest or shall not commit any acts or a misappropriation, pilferage or abetting misappropriation or pilferage of Stock-holder's property or any attempt thereof. (b) Offer or attempt offer illegal gratifications including offering bribe, regard or advantage etc. pecuniary or otherwise to any officer or employees of MSTC/Stock-holder. (c) Indulge in any malpractice namely but not limited to forgery, falsification or fabrication of documents, bills, voucher, indent etc. in support or any claim against MSTC/Stock-holder for any reduction of any liability or in connection with work of MSTC/Stock-holder or indulge in any other act which amounts to an offence punishable under the Indian Penal code or any other enactment.
11.8 The buyer(s) shall abide by the Central/State Labour Legislation as may be applicable from time to time. It shall be the responsibility of the buyer(s) to provide necessary insurance cover to their workers/ labourers as may be required under the law.
12.
TERMINATION/BREACH OF CONTRACT
12.1 In the event of tenderer's failure to fulfill any of the tender obligation including not lifting the contracted materials under this agreement MSTC's decision in regard to tenderer failure being final and binding on the tenderer(s) MSTC shall have the full liberty to do any or all of the following.
a) Cancel the contract with immediate effect for the materials under the contract not taken delivery of by the tenderer's as on that date in which case the security deposit and or/the Earnest money (as the case may be) shall stand forfeited.
b)
AND/OR
b) Retain and/or adjust/cover from tenderer's any amount lying with MSTC/Stock-holder to the tenderer's credit either under this contract or any other contract or which may at any time become payable/refundable to the tenderer either under this contract or any other contract, the amount of losses or damages or claim that might be incurred by MSTC/Stock-holder in selling the material under the contract not taken delivery of by the tenderer a tenderer's risk and costs. Even after such recovery/adjustment by MSTC from tenderers any amount as mentioned above lying with MSTC/Stock-holder. If any further amount is still found payable/refundable by the tenderer, the tenderer shall pay the same to MSTC on demand without any objection or demurrage. The decision of MSTC in regard to the actual losses incurred by MSTC/Stock-holder including the reasonableness of the rate at which MSTC/Stock-holder, the material shall be final and binding on the tenderer provided always if no loss is incurred by MSTC/ Stock-holder, tenderer shall only be entitled to the refund of the amount retained by MSTC/Stockholder by way of advance payment towards the undelivered stores without any interest there on but not other amount.
13. FORCE
MAJEURE
13.1 MSTC/Stock-holder shall not be liable for any failure or delay in performance due to any cause beyond their control including fires, floods, strikes, go-slow, lockout, closure, pestilence, dispute with staff, dislocation of normal working conditions, war, riots, epidemics, political upheavals, Government action, civil commotion, breakdown of machinery shortage of labour, acts, demands or otherwise any other cause or conditions, beyond the control of aforesaid causes or not and the extend the time of performance on the part of the MSTC/Stock-holder by the period as may be necessary to enable MSTC/Stock-holder to effect performance after the cause of delay will have ceased to exit. The provision aforesaid shall not be limited or abrogated by any other terms of the contract whether printed or written.
14. GENERAL
14.1 It should be noted by the tenderer's that by entering into this contract MSTC is not precluded for entering into similar contracts with any one else of their choice at any time during the subsistence of this contract.
14.2 MSTC shall have the right to issue addendum to tender documents to clarify, amend, modify, supplement or delete any of the conditions, clauses or items stated therein, each addendum so issued shall from part of original invitation to tender.
14.3 In case offer is not accepted the tenderer shall not be entitled to claim any cost, charges, expenses incidental to or incurred by the tenderers through or in connection with the submission of the offer even though MSTC may elect to withdraw the invitation to tender should all invitation to tender be withdrawn or cancelled by MSTC for which MSTC shall have the right do at any time to time the Earnest Money paid by the tenderers with the tender will be refunded to them in due course without interest.
14.4 The tenderers shall have no right to issue addendum to tender documents to clarify, amend, supplement or delete any of the conditions, clause or items stated therein.
14.5 Unless otherwise specified, all rates and prices in the tender form should be quoted both in figures and in words. Tender containing over written or rate/rates to be rejected.
14.6 The tenderer shall note the above general terms and conditions are in additions to the special terms and conditions of tender which forms an integral part of the general terms and conditions of the tender in so far as the general terms conditions of tender may be altered by the special terms and conditions of tender.
14.7 Intending tenderer(s) may obtain any clarification before tendering. Submission of tender implies that the tenderer(s) has obtained all the clarifications required and that he had agreed to all general terms and conditions herein specified as well as Special terms and Conditions of tender, if any.
14.8 The decision of Chairman-cum-Managing Director of MSTC Limited of his authorised nominee in any matter arising out of this sales shall be final in regard to all matters relating to the contract.
14.9 All kinds of legal proceedings in any matter arising out of the contract shall be triable only by appropriate Civil Court at Delhi.
14.10 Tenderer(s) must ensure the following while submitting the tender:
(A) THAT EACH PAGE OF SCHEDULE OF RATE (S) IS DULY SIGNED BY THE TENDERER BEFORE SUBMITTING THE TENDER.
(B) THAT ALL ALTERATION, ERASURE (S) AND/OR OVER-WRITING, IF ANY, IN THE SCHEDULE OF RATE (S) ARE DULY AUTHENTICATED BY THE TENDERER'S SIGNATURE.
14.11 Unless otherwise stipulated against any particular items/ materials/lot put up for sale in the tender documents the materials shall not be exported by the buyer outside the territory of India and the buyer shall have to submit an undertaking to effect to MSTC along with the payment towards material value as per clause 13 of the Special Terms & Conditions of tender. In case of any failure on the part of the buyer to submit such an undertaking within the stipulated time, the sale will be deemed not to have been accepted by the MSTC/Stock-holder and the sale will stand automatically cancelled without any further reference to the party.
14.12 The tenderer are required to submit their quotations only in the space provided for the purpose i.e. in "Schedule of Rates/offer sheet" attached with the tender. MSTC/ Owner shall not be responsible for rates quoted by tenderers at any other place being missed out during tender opening. No representation n this regard shall be entertained by MSTC/Owner from such tenderers.
DECLARATION BY THE TENDERER
1. I/We have fully understood the above General Terms & Conditions of tender as well as the Special Terms & Condition attached with the tender which are returned herewith duly signed by me/us in token of having accepted the same in toto and I/We have made my/our offer keeping in the view these terms and conditions.
2. Total Earnest Money payable by me/us against all the lots quoted for me/us IN Rs. ..........................
3. The aforesaid amount of Earnest Money is enclosed by me/us with this tender in the form of Pay Order/Demand Draft bearing No. ..........dated .......of issuing bank ..................................... payable at New Delhi in favour of MSTC Ltd.
SIGNATURE OF TENDER : .....................
FULL NAME : .....................
STATUS : ......................
NAME OF TENDERING FIRM: ......................
ADDRESS OF THE TENDERING FIRM: ........................
.......................
.......................
TELEPHONE NUMBER IF ANY : ........................
DATE : .......................
Name of our Banker: ......................
Our Account No. is ......................
(AFFIX
RUBBER STAMP HERE)
MSTC.
LTD.
SCHEDULE
OF RATE (S) (OFFER SHEET)
Tender No. MSTC (D)/T-
ANNEXURE - "B"
Opened on ........... Page No. ..................
Rate quoted per unit as mentioned in the list of tendered items excluding taxes/duties (in Rs.)
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Lot No. (1) |
In figures (2) |
In words (3) |
Amount of Earnest Money submitted for lot (in Rs.) |
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Signature of the Tenderer ..........
Name of the Tendering Firm ........
ANNEXURE -"B"
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Lot No. (1) |
In figures (2) |
In words (3) |
Amount of Earnest Money submitted for lot (in Rs.) |
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Total EMD Submitted : Rs...............
Signature of Tenderer : .................
Full Name (in Block Letters) : .................
Status/Designation : .................
.................
Name & Address of
The Tendering Firm .................
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.................
Telephone Number (Off.) : .................
(Res.) : .................
Mobile No. : .................
Customer's Code No. : .................
Date : .................
Note: (i) All columns to be filled up by the tenderer only.
(ii) Any cutting to be initialed by the tenderer.