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| (A GOVERNMENT OF INDIA ENTERPRISE) |
GENERAL
TERMS AND CONDITIONS ( GTC ) OF Tender
1.0
INTERPRETATION:
1.1 MSTC Ltd.
shall be hereinafter referred to as "MSTC", and the successful Tenderer
shall be hereinafter referred to as the Buyer/Purchaser. The Organisation
on whose behalf MSTC will be selling the material as their Selling Agent,
shall be referred to as the PRINCIPAL who is otherwise the Owner and
Stockholder of materials to be sold.
1.2
These
General Terms and Conditions (hereinafter referred to as GTC)
are in addition to the Special Terms and Conditions (hereinafter
referred to as STC), if any, of the relevant Tender and shall form an integral part of
the Tender in so far as it has not been altered or modified by the STC or any
Remark / Note stipulated in the Schedule of Items. In case of any conflict
between any of the provisions of this GTC & STC - the provisions of STC will
prevail subject to the Remark / Note stipulated in the Schedule of Items, if
any, superseding both the GTC & STC of Tender.
1.3 The
Tender Catalogue consists of (i) The Cover Page (ii) Schedule of Items, (iii)
Offer Form & Declaration Sheet, (iv) Special Terms and Conditions of Sale
(STC) and (v) General Terms and Conditions of Sale (GTC) which are all integral
part of the Terms and Conditions of Sale by Tender.
2.0
MODE OF SUBMISSION OF TENDER:
2.1
All
Tenders must be submitted only in prescribed form and in sealed covers
superscribed with the reference number of Tender enquiry and the date of Tender
closing / opening. The tenders must be addressed to MSTC
Ltd., 607 Raheja Centre, 6th Floor, Nariman Point, Mumbai - 400 021 or as mentioned in the STC and be put in a
Tender Box placed for this purpose at the above mentioned address within the
Tender closing time and date stipulated on the Cover page / STC of
tender.
2.2
The
Tenderers should enclose inside the sealed cover containing the Tender, all the
following documents :-
Demand Draft/Pay Order
towards Earnest Money Deposit in the prescribed manner (and as per rate
specified on the Cover Page).
Tenderers must write / affix their rubber stamp at the back of the PO / DD towards EMD
showing the name and address of their Firm / Company.
The STC as well as GTC of
Tender, both duly signed by the Tenderer in token of having accepted the same in
toto.
(c)
Cover
Page of the Tender and the Declaration Form (duly filled in and signed),
including the Income Tax PAN No.
(d)
Schedule
of Rate(s) duly filled in and signed by the Tenderer(s). Rates must be quoted only on the basis
of the UNIT OF MEASUREMENT (UOM) prescribed for each Lot in the Schedule of
Item(s) for the purpose of sale and delivery, failing which they are liable for
rejection. In case any Tenderer quotes on "Lot Basis" although the prescribed
UOM is on "Unit Weight" or "Unit Number" basis,
MSTC at its sole discretion may award the sale
contract at the proportionate price calculated on "Unit Weight" or "Unit Number"
basis on the basis of the quantity stipulated in the Tender Catalogue, unless
otherwise stated by the Tenderer in this Tender.
(e)
Documents
/ Certificates prescribed in NOTE (III) hereinbelow for Items / Lots comprising
"Hazardous Waste" as per "Hazardous Wastes (Management & Handling) Rules,
1989" and its subsequent Amendments, if any. These Documents / Certificates should be
duly attested by a Notary Public and may be submitted alongwith the Tender
failing which the Tender is liable for rejection. However, the
PRINCIPAL / MSTC at
its sole discretion may demand the same from the Tenderer even after the Tender
closing date.
(f) Any
other document(s) as may be prescribed in the STC or Schedule of Items of
Tender.
NOTE
:
(I)
The
person signing the Schedule of Rate(s) will be deemed to be the only authorized
representative of the Tenderer for any or all transactions with MSTC and
PRINCIPAL in
connection with this Tender. For any transaction of this Tender by any
representative other than the abovementioned signatory, such fresh
representative should submit due letter of authorization issued by the aforesaid
signatory attesting therein the signature of the fresh
representative.
(II) All rates
and prices in the Tender should be quoted both in figures and in words,
Tender(s) containing overwritten or revised rates without being authenticated by
Tenderer's signature is / are liable to be rejected. Should there be any
variation between the rates indicated in figure and words, the higher of the two
shall be considered. All rates and prices in the Tender should be quoted as per
the Unit of Measurement (UOM) stipulated in the Schedule of Items. Rates quoted on speculative basis will
be summarily rejected.
(III)
SALE
OF ITEMS / LOTS COMPRISING "HAZARDOUS WASTE"
:
Sale of Hazardous Waste
Items will be governed by the following procedure in addition to and Guidelines
/ Notifications issued by the Central Pollution Control Board (CPCB) / Ministry
of Environment & Forests (MOEF) from time to time:
(a) Sale
of Old Batteries / Lead Acid Batteries will be governed by the Batteries
(Management & Handling) Rules, 2001 and its subsequent
Amendments.
(b)
Sale of other Categories of
Hazardous Waste Items will be governed by the Hazardous Wastes (Management &
Handling) Rules, 1989 and its subsequent Amendments and / or the relevant
statutory Act / Rules.
(c)
The Tenderers / Bidders must
submit a Notarised Copy of the Valid Registration Certificate issued by the
State (or Union Territory) Pollution Control Board (PCB) alongwith their Tender
(covering Air & Water Pollution & Environmentally
Sound Management facilities for processing / handling of such Hazardous Waste),
failing which
their Tender will be liable for rejection.
(d)
In case of 3 categories,
namely Lead Acid Batteries, Used /
Waste Oils and Non Ferrous Metal Wastes, in addition to submitting necessary
Valid Registration from the State PCB, the Tenderer must also submit a Notarised
Copy of the Valid Registration Certificate from CPCB (or MOEF) also, failing which their Tender will be
liable for rejection. Tenderers may note that CPCB regularly displays the list of their
Valid Registered Parties for these items on their Website, namely www.cpcb.delhi.nic.in/Hazardous/wasteoil.htm
and the Tenderers may like to verify the same before submitting their Tender /
Bid. The
various categories and definitions of the Non-Ferrous Metal Waste are given in
the relevant Schedule of the Hazardous Waste (Management
& Handling) Rules, 1989 as amended by the Government by subsequent
Amendments.
(e)
In case of Waste / Used
Solvent, Raffinate and Slop falling under the Solvent, Raffinate and Slop
(Acquisition, Sale, Storage and Prevention of Use in Automobiles) Order 2000, in
addition to submitting necessary Valid Registration Certificate from Central /
State / Union Territory Pollution Control Board, the Tenderer must also submit a
Notarised Copy of the Valid License issued by the Authorized Officer of State /
Central Government or the District Magistrate.
(f)
The submission of the Tender
/ Bid will be deemed to imply that the Tenderer / Bidder has thoroughly made
himself aware of all the Hazardous Wastes (Management & Handling) Rules,
1989 and its subsequent Amendments and he undertakes to ensure that he will keep
all Registration Certificates issued by State PCB / CPCB / MOEF to be valid for
the entire period of the contract, if awarded to them, as well as for the period
of processing such Hazardous Waste Item by them. MSTC at its sole discretion may
ask the Tenderer to extend the validity period of their Registration Certificate
for a suitable period as deemed fit by MSTC and in such event the Tenderer shall
be bound to do so, failing which their Tender / Contract may be rejected /
cancelled at the sole discretion of MSTC and no complaint in this regard will be
entertained from the Tenderer. The Tenderer should particularly note the
provisions of Clause No. 20 of the HW (M&H) Amendment Rules
2003.
(g)
In case of sale involving
inter-State movement of goods, the Buyer shall also submit a "No Objection
Certificate" from the concerned State PCB with whom the Buyer is registered, to
the PRINCIPAL before taking delivery, failing which the Buyer will be
responsible for all the consequences and the PRINCIPAL shall take further
decision as may be deemed fit by them.
(h)
At the time of taking
delivery of the Hazardous Waste Items, the Buyer shall fill in the Manifest in
Form 9 as directed by the PRINCIPAL in accordance with the relevant
statutory Act / Rules. The Buyer shall produce the original Registration
Certificate issued by State PCB / CPCB to the PRINCIPAL at the time of
taking delivery for verification.
(i)
MSTC / PRINCIPAL reserves
its right to demand copy of any other document / Licence / Certificate issued by
any Statutory / Govt. Authority in favour of the Tenderer / Bidder, if required,
under any Statutory or State / Central Government Act / Law / Order / Rules
etc.
2.3 No Telex / Telegraphic / Fax quotations will be accepted. This applies for Revised Bids also, if asked for by MSTC at MSTC's sole discretion.
2.4
Tenderers
sending their Tenders by mail/courier/post will do so solely at their own risk
and MSTC will not be responsible for any loss in transit or postal
delay.
2.5 Tenders which are not complete in all respect and / or are not supported by the documents as mentioned in CL: 2.2 or are with qualifying conditions or with conditions at variance with STC as well as GTC of Tender, are liable to be rejected summarily.
2.6 In case of any type of condition and / or combined offers / quotations, Tenders are liable to be rejected. *
2.7 The rates quoted in all cases should be exclusive of all statutory Duties, Levies or Taxes. In case any Tenderer quotes any rate inclusive of Duties, Levies or Taxes, MSTC may at its sole discretion consider the rate after deducting the applicable Duties, Levies or Taxes without reference to the Tender and the same will be binding on the Tenderer.
2.8 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 of MSTC and will be opened immediately thereafter in the presence of such Tenderers 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 do 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 decisions and same shall be binding on all the Tenderers.
3.0
EARNEST MONEY
DEPOSIT (EMD) / SECURITY DEPOSIT
(SD):
3.1
The
Tender shall be accompanied with Earnest Money Deposit (hereinafter referred to
as EMD) as per rate specified in the STC / Cover page of the Tender and
calculated on the quoted material value by way of Demand Draft/ Pay Order on any
scheduled bank drawn in favour of MSTC LIMITED and payable at Mumbai. No
interest is payable on EMD. Third party PO / DD towards EMD (i.e PO / DD showing
the same to have been issued by the bank on account of any party other than the
Tenderer or showing that the PO/DD was used by any party other than the tenderer
in any previous Tender as per endorsement made at the back of PO/DD) will not be
accepted.
3.1.1 For the purpose of calculation of EMD, no Taxes or Duties need to be counted.
3.2 In case the
EMD submitted falls short of the amount arrived at by calculating the requisite
percentage of the aggregate quoted Sale Value (excluding Taxes and Duties) for
all the items/ lots quoted by a Tenderer; MSTC on its sole discretion
reserves the right to (a) summarily
reject the offer, or (b) appropriate
the EMD actually submitted against all those lots for which the Tenderer's offer
is Highest (henceforth mentioned as H-1 offer), or (c) in case the EMD
submitted falls short but is not less than 90% of the requisite EMD amount for
all those Lots for which the Tenderer's offer(s) is / are highest, MSTC on its sole discretion reserves the right to
ask the Tenderer to recoup the shortfall maximum within seven days and upon
failure of the Tenderer to do so - forfeit the EMD already paid by the Tenderer
without further reference and also take action with regard to the remaining
offers as may be deemed fit.
3.3
Unless
otherwise notified, EMD in any other form, for example, Cheque (including cheque
made "Good for payment" by any Bank), Bank Guarantee, Bid Bonds, Call Deposits
etc. will not be acceptable to MSTC. Similarly any request to recoup EMD
from Tenderers' pending bills or for adjustment of the same from previous EMD/
Security Deposit (here in after called as SD), if any, or from any other amount lying with
MSTC/PRINCIPAL shall not be entertained.
3.4
In
case of unsuccessful Tenderers, the Earnest Money will be refunded after the
expiry of the offer or earlier at the discretion of MSTC. In their own
interest, tenderers are advised to submit multiple POs/DDs towards EMD so as to
facilitate refund of EMD for non H-1 Lots, however this will be solely at
MSTC's discretion.
3.5
In
case Tender is accepted as per the payment terms stipulated in this GTC and/ or
in the STC, the EMD deposited by the such Tenderer against each accepted
Quotation shall be automatically converted into SD while issuing Sale Acceptance
Letter / Sale Order by MSTC. In case, the Tender is accepted and the
Tenderer(s)/Buyer(s) refuse(s)/ fail(s)to make further financial arrangements
towards the full value of materials and/or Taxes/Duties and/or any other
financial arrangement as stipulated in these GTC as well as STC of the Tender,
the SD obtained on conversion of EMD against the particular accepted lot(s)
shall be forfeited without prejudice to the rights of MSTC to claim such
further damages in this regard without further reference to the
Tenderer(s)/Buyer(s). In case, the Tenderer(s) wish (es) to withdraw his offer
before the expiry of the validity period of the offer, then the EMD shall be
forfeited without further reference to the Tenderer.
3.6
No
interest is payable by MSTC on the SD. The SD(s) is/are refundable to the
Buyer(s) only on fulfillment of all contractual obligations of the Buyer(s) to
the satisfaction of the PRINCIPAL whose certificate in this regard by way
of issue of "No Objection Certificate" (hereinafter referred to as NOC) to
MSTC with copy to Buyer, shall be final and binding on the
Buyer(s).
3.6.1 In order to afford reasonable protection to the interests of the Tenderers, the Tenderers MUST legibly indicate in the appropriate space provided for in the Tender Documents, their Bank Account No. and the Name of the Bank and Branch where such Account is held by the Tenderers which information can be used by MSTC for refunding the EMDs/SDs of the Tenderers. Wherever applicable MSTC/ PRINCIPAL shall not be responsible in any way whatsoever for any loss and/or delay and/or miscarriage/misplacement of such refund cheque in transit which will normally be sent to the Tenderers under Registered Post/Certificate of Posting at MSTC'S discretion.
4.0
PAYMENTS:
4.1 The material value of each lot accepted must be paid by the Buyer alongwith all Duties and Taxes as stipulated in the STC / Sale Acceptance Letter. In case the last date of payment falls on any holiday the payment must be made on the next working day of MSTC.
4.2
Wherever
the Tenderer is allowed/required to pay the material value in installments, the
payment should be made strictly as prescribed in the STC of the Tender.
4.3 Tenderers desirous of availing Central/State Sales Tax and / or Excise Duties concessions as per Rules must submit the appropriate concessional Central/State Sales Tax/Excise Duty Declaration Form duly certified by the concerned authority alongwith photocopy of their Registration Certificate with the Central/ State Sales Tax/ Excise authority duly attested by a NOTARY PUBLIC and alongwith the payment for first instalment /full value as the case may be, failing which they must deposit the full amount of Sales Tax/Excise Duty etc. However, this will be governed by the relevant provisions in this regard in the STC of Tender.
4.4 No payment of Sale Value will be accepted without the payment of due Sales Tax / Excise Duties and the submission of Declaration Form, as the case may be.
4.5 The Sale value including Sales Tax, Duties and other charges as applicable must be paid by Demand Draft/Pay Order drawn on any Scheduled Bank in favour of MSTC Ltd. except in the cases where it is directed otherwise in MSTC's Sale Acceptance Letter.
5.0
QUALITY AND QUANTITY:
5.1 The goods
will be sold on "As is where is" and "No complaint basis" in so far as physical
condition of the same is concerned. The Tenderer(s) will therefore be
deemed to have made themselves aware of the physical conditions, dimensions,
size, weight, working conditions at the site as per PRINCIPAL's procedure
etc. by inspecting the materials before submitting their Tender and no complaint
nor any claim in this regard will be entertained by MSTC after the
submission of the Tender.
5.2
Tenderers
may quote for all or any of the lots mentioned in the Schedule of Rates, but no
quotation for part quantity of material in any particular lot will be liable for
rejection. Separate Earnest Money shall be payable for each of the lots quoted
for.
5.3
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)
without weighment, so as to clear the entire lot. The quantity if indicated
against the respective lots are purely indicative and without any guarantee and
MSTC/Owner shall not entertain any claim/complaint from the Buyer(s)for
any deficiency in quality, quantity, size, dimension or for refund of whole or
any part of the purchase money or loss of profit or interest/damages or
otherwise.
5.4 Where the goods are sold by
"UNIT WEIGHT OR UNIT NUMBER BASIS" 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 indicated
quantity. In case of actual quantity turning out to be less than the indicated
quantity after due completion of the lifting by the Buyer(s), the Buyer(s) shall
not be entitled to claim any damages, loss of interest or compensation on any
other account, but shall be entitled to proportionate refund only. In case the
earmarked Lot contains more than the estimated quantity upto 50% of the
estimated quantity as per assessment done by the PRINCIPAL within 15 (Fifteen)
days from the date of completion of the lifting of the original estimated
quantity, then such excess quantity may be allowed to be lifted by the Buyer on
advance payment of additional price for the said excess quantity on the same
Terms and Conditions as per the Contract in respect of the original estimated
quantity, subject to payment being made by the Buyer within 7 (Seven) days from
the date of issue of such Intimation Letter by MSTC. For lifting of the additional / excess
quantity, proportionate / suitable extra time may be allowed to the Buyer as per
the sole discretion of the PRINCIPAL. MSTC / PRINCIPAL reserve the right not to offer
such excess quantity in all cases and the Buyer shall have no claim on MSTC / Principal on this regard, which shall be
final and binding in the Buyer.
5.5 Where there are
items of more than one classification of any form in any lot and the Tenderer
has quoted in lumpsum for the entire lot instead of quoting in
units per item, then no refund of any kind shall be entertained by
MSTC/Owners if the quantity whatever mentioned in the Tender turns out to
be less at the time of delivery. However, if the quantity turns out to be more
than the tendered quantity, then the delivery of material shall be limited to
tendered quantity only.
5.6 MSTC
reserves the right to accept or 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.
5.7 MSTC
reserves the rights to accept or reject the highest Tender without assigning any
reason and the Sale 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 /
PRINCIPAL.
6.0
INSPECTION:
6.1
The
materials quoted for may be inspected at the PRINCIPAL's site by prior
appointment with the concerned Department of the PRINCIPAL and by
observing the entry procedure of the PRINCIPAL. The discretion to allow
any person to inspect the materials / stores would rest solely with the
PRINCIPAL and the mere fact of producing the Tender Catalogue by the
Tenderer (either purchased from MSTC or downloaded from MSTC's
Website) to the PRINCIPAL will not confer any such right on the person /
representative concerned.
6.2 The materials quoted for may be inspected at the appropriate site(s) as indicated in the Schedule of Item(s)/Rate(s) and Tenderer(s) should thoroughly satisfy themselves about the nature, physical condition, quantity and quality, dimensions, size, weight of the materials and working conditions at the site as per PRINCIPAL's procedure. MSTC/PRINCIPAL gives no guarantee or warranty as to the conditions of the material or its quality or its fitness for any specific purpose or use. It should be clearly understood that no claim/complaint about the quantity, quality, condition, fitness for use, or any defect / error / inadequacy in the description of the materials etc. shall be entertained by MSTC/ PRINCIPAL.
7.0
PERIOD OF CONTRACT:
7.1
The
contract shall be treated as having come into effect with the issue of Sale
Acceptance Letter / Sale Order by MSTC to the successful Tenderer. The
period of contract will be upto the last date of validity of the Delivery Order
/ Release Order (or the last date of last Delivery Order / Release Order in case
of instalment payments being allowed) issued by MSTC / PRINCIPAL
as the case may be or as specified in the STC of Tender. Unless the materials
are lifted within the stipulated time, the contract for the quantity not lifted
within the stipulated time shall be deemed to have been canceled and
MSTC/PRINCIPAL 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/
PRINCIPAL 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 contracted rate as
provided for subject to the price escalation clause if provided in the STC of
Tender.
8.0
DEFAULT IN PAYMENT BY THE BUYER:
8.1
In
case of default in payment within the time limits specified in the STC of the
Tender / Sale Acceptance Letter, the due payment may be made together with
additional charges @ 1% per week or part thereof on the due amount for the period of delay within 14
(fourteen) days from the due date. However, MSTC reserves the rights not
to accept the payment with or without the additional charges after the expiry of
the above mentioned time limits or even within the aforesaid additional period
of 14 days at MSTC's sole discretion and in such event, the sale of the
Lot will be automatically cancelled and EMD/SD (as the case may be) will
automatically stand forfeited and in addition, the Terms of Clause 12
hereinafter will be applicable.
Delivery
Order issued by MSTC with or without additional charges in case of
delayed payment by the Buyer, will always be deemed to be provisional (whether
expressly mentioned in the Delivery Order or not) and subject to final
acceptance by the PRINCIPAL. In case any due date of payment falls on a
holiday of MSTC, than the payment can be
made by the Buyer on the next working day of MSTC.
9.0
DEFAULT IN LIFTING BY THE BUYER:
9.1 In case of
any default in lifting the materials by the Buyer(s) within the time limits
specified in the STC of Tender, the outstanding material may be lifted within 14
(fourteen) days from the due date, subject to payment of ground rent for the
period of delay beyond the specified free delivery period.
9.2
In
case of goods sold on Lot basis, the ground rent will be payable @
1% per week or part thereof
on the value of the entire Lot
even if lifted in part, whereas in case of goods sold on UNIT WEIGHT AND / OR NUMBER BASIS, the ground rent will be
@ 1% per week or part thereof on the
value of unlifted quantity
which, however, shall be at the sole discretion of the PRINCIPAL not to
allow the Buyer(s) to lift the
materials with or without the ground rent after the expiry of stipulated free
delivery period or even within the aforesaid additional period of 14 ( fourteen)
days and in such event, the sale of the materials not lifted by the Buyer(s)
will be automatically canceled and
the Earnest Money / Security
Deposit ( as the case may be) will automatically stand forfeited and in
addition, the Terms of Clause 12 hereinafter will be
applicable.
10.0
TAXES, EXCISE DUTIES AND LEVIES:
10.1 All
Taxes including Sales Tax or other Levies entailing on the transaction under any
Provincial, Local or Central statute in force for the time being or enforced
hereafter, having its impact on the transaction, will be to Buyer's account and
shall be deposited by the Buyer alongwith cost of the material. Successful Tenderers shall have to pay
Income Tax at the prevailing statutory rate (currently @ 1.1% including
Surcharge) on the total sale value including Excise Duty (if any) and the Sales
Tax on all "Scrap" Items purchased for Trading as per Section 206-C of Income
Tax Act, 1961. Tenderers eligible
for exemption / lower rate of Income Tax must submit Certificate from Income Tax
Assessing Officer at the time of payment of sale value. (Notarised copy to be given alongwith
original, the latter will be returned after verification). Tenderers who are exempted from paying
Income Tax, being Manufacturers must submit Certificate to PRINCIPAL / MSTC as per the format prescribed U/S 206-C of Income Tax Act, 1961 at the
time of paying the sale value.
Tenderers must inform their Income Tax PAN No. in the attached
Declaration Sheet to enable the PRINCIPAL / MSTC to mention the same in
the TDS / TCS Certificate, which is mandatory as per statutory provisions for
Scrap Items, otherwise the successful tenderers will not get credit for Income
Tax paid by them wherever applicable.
10.2
In
general, all sale will be treated as local sale and the Tenderer / Buyer shall
have to pay Sales Tax as per the Local Sales Tax Act / Rules / Rates of
concerned State where the materials are lying and normally Sale against 'C' Form
will not be allowed.
In those cases where the PRINCIPAL is registered with the Sales
Tax Authorities as a Dealer and subject to the permission of such
PRINCIPAL, Buyer's request for sale against 'C' Form involving Central
Sales Tax (CST) and inter State movement of goods / materials, may be
considered. However, this will be at the sole discretion of the PRINCIPAL
and the tenderers should clearly note that in the event of the PRINCIPAL
not allowing sale against 'C' Form,
the Buyer will have to pay the Local Sales Tax as per the applicable rate and no
representation in this regard will be entertained by MSTC /
PRINCIPAL.
In case of incidence of Central Sales Tax on the transaction (subject to
the provisions in this regard in the STC of Tender), 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 Lorry Receipt / Goods Receipt note duly
signed by the Consignee will have to be sent by the Buyer(s) to the
Consignee.
At the advice of the PRINCIPAL if demanded by MSTC, the
Buyer shall have to submit additional Tax Security Deposit (TSD) to
MSTC towards the
differential between the Sales Tax amounts calculated at Local Sales Tax Rate
and CST rate against 'C' Form less Security Deposit, if any already deposited by
the Buyer with MSTC and this will be binding on the Tenderer / Buyer. The
TSD as well as Security Deposit (if any) will be refundable only on issue of NOC
(No Objection Certificate) by the Principal to MSTC after
submission of the necessary Lorry Receipt by the Buyer to the Consignor /
PRINCIPAL.
10.3 The
materials to be purchased by the Tenderer(s) shall be subject to all such Duties
(including Excise Duty) as may be applicable from time to time as per relevant
ststutory Acts/ Rules and the same shall be borne by the
Buyer(s).
10.4 Whatever Statutory rate of Excise Duty, Sales Tax, other Levies etc., if any, is / are assessed and applicable on the date of actual removal / lifting of materials shall be paid / payable by the Buyer(s).
10.5 The Buyer(s) will be
responsible to comply with provisions of the Central and State Excise and Sales
Tax Act and concerned State and the Rules framed thereunder and also by the
Orders/ Instructions issued in this behalf by the appropriate
Authority.
10.6
In
the event of dispute with regard to Excise Duty and Central Excise Authorities
levying any additional charges, such Duty/ charges shall be payable by the
Buyer(s). Any penalty imposed by the Excise Authorities for non-observance of
Excise procedure by the Buyer(s) shall also be borne by
them.
11.0
DELIVERY :
11.1 The
Buyer shall lift the materials lying in the lot quoted for by employing their
own labour and transport at their own risk and cost from the area allotted to
them within the time stipulated in the STC of Tender or within such time as may
be prescribed in the Delivery Order. The Buyer(s) shall lift the materials only
from the lots / site / space as may be earmarked / demarked by the
PRINCIPAL from time to time which should be final and binding on the
Buyer(s) and they shall observe the Rules and Regulations and working hours as
may be fixed by the PRINCIPAL. The PRINCIPAL shall try to give
delivery form the location specified in the Tender / Schedule of Items, however
in case of exigencies or space constraints, the PRINCIPAL may at his sole
discretion store the materials at any other alternative location within his
Plant / Depot / Stockyard premises and in such event also, the Buyer(s) can and
shall approach the PRINCIPAL for lifting of material only after following
the provisions of advance payment and issue of Delivery Order / Release Order by
the competent Authority. But in any case the lifting will not be allowed on
Weekly holidays and closed holidays observed by the PRINCIPAL.
11.2
The
materials have removed on " As is where is basis" at Buyer's own cost. No processing before removal from
PRINCIPAL premises will be permitted. Certain processing which at the sole
discretion of PRINCIPAL may be allowed only for convenient
transportation. However any / all equipment like dozer, gas, power, crane,
lifting equipments etc. required for removal of materials have to be arranged by
the Buyer at their own cost and neither the PRINCIPAL nor MSTC
will in any way be responsible for making any such provision. The use of such
equipments in PRINCIPAL's premises should have prior permission of the
PRINCIPAL.
11.2.1 Normally
no segregation of the materials will be allowed. However, in case the goods put-up for
sale as per the given description are kept / stored / generated / made available
by the PRINCIPAL at their site in mixed condition in such a manner that
they require segregation for excluding the goods not put up for sale, the
decision of the PRINCIPAL in this regard being final and binding on the
Tenderer, then such segregation will have to be done by the successful Tenderer
at their cost and by deploying their own labour before weighment / lifting, as
the case may be, as per the sole directive of the PRINCIAL and to the
satisfaction of the PRINCIPAL and no complaint whatsoever will be
entertained by MSTC / PRINCIPAL from such Tenderer in this
regard.
11.3 The
location where the lot or lots of materials are stocked are one of the areas of
active work of the PRINCIPAL.
Under no circumstances, shall the operation of the Buyer(s) interrupt or
interfere with the normal operation of the PRINCIPAL nor interfere,
obstruct or foul with any of PRINCIPAL's Plant installation located in
the vicinity of the site.
11.3.1 If
any damage or loss is caused to the men, materials or property of the
PRINCIPAL or even if any claim arises either against MSTC or
against the PRINCIPAL by reasons of any act or commission or negligence
on the part of the Buyer or on the part of their agents, representatives or
employees, MSTC / PRINCIPAL shall be entitled to recover such losses or
damages or claim as may be ascertained by PRINCIPAL (which ascertainment shall be final and
binding on the Buyer) from any amount due to the Buyer including the advances
made / to be made by the Buyer 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 other transaction with MSTC/
PRINCIPAL or from the Buyer directly.
11.4
The
Buyer(s) shall follow the PRINCIPAL's procedure in regard to the issue of
Gate Passes for taking the materials out of the PRINCIPAL's premises. The
Buyer(s) shall use for the above purpose only such truck/vehicles/cranes which
are having "area passes" issued by the PRINCIPAL or by any other
statutory authority, if and where such system prevails.
11.4.1 All
the motor truck/trailers/cranes and other material handling equipments of the
Buyer(s) shall be duly registered, taxes paid properly and otherwise properly
maintained in accordance with Motor Vehicle Act or Rules or any other Acts /
Rules in force.
11.4.2 The
PRINCIPAL shall allow a
reasonable number of the Buyer's authorized representatives/ workmen/ trucks at
the sole discretion of the PRINCIPAL for entering into the Works site for
the purpose of removal and transportation of the materials. The PRINCIPAL
shall have the right to ban entry of any buyer's representatives, workers,
trucks at the sole discretion of the PRINCIPAL without assigning any
reason.
11.5
The
Buyer(s) will have to fulfill the relevant provisions of all Safety and Security
Rules of the PRINCIPAL and shall have to be governed by the Rules under
the Factories Act and any other statutory Act / Law / Rule prevailing from time
to time in respect of themselves and their representatives, workmen and
Equipments. The Buyer(s) shall provide safety equipments and appliances to their
workmen at their own cost.
11.6 The Buyer(s) shall be
fully responsible for the acts of their representatives / workers and shall
fully indemnify MSTC / PRINCIPAL for losses or damages if any
sustained by MSTC / PRINCIPAL. The MSTC/ PRINCIPAL
will not be responsible for any claim from labor employed by the Buyer(s). The
Buyer(s) shall wholly and fully be responsible for such claims for compensation
either for accident or injury / death or damage caused to their employees /
transport or to any of the PRINCIPAL's employees or to others or to the
PRINCIPAL's property during the operation of the
Buyer(s).
11.7 The Buyer or any of
their representatives / workers / agents shall not indulge in any activity which
is directly or indirectly prejudicial to MSTC / PRINCIPAL's
interest or shall not commit any acts of misappropriation, pilferage or abetting
misappropriation or pilferage of MSTC's / PRINCIPAL's property or
any attempt thereof, offer or attempt to offer illegal gratification including
offering bribe, reward or advantage etc., pecuniary or otherwise, to any officer
or employee of MSTC / PRINCIPAL indulge in any malpractice, namely
but not limited to, forgery, falsification or fabrication of documents, bills,
vouchers, indents, etc. in support of any claim against MSTC/
PRINCIPAL or indulge in any
other act which amounts to offenses
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. The Buyer shall comply
with all laws / statutory requirements including BISLBA, CLRA, EFPS, EPFS &
ESIC in respect of persons employed by them and the Buyer shall keep MSTC / PRINCIPAL indemnified against all liabilities arising out of non-compliance
of any law / statutory requirement.
12.0
TERMINATION OF CONTRACT / RISK PURCHASE
12.1 In the event of
Tenderer's failure to fulfill any of the Tenderer's obligations including
non-lifting of the contracted materials under the agreement, MSTC's
decision in regard to Tenderer's failure being final and binding on the
Tenderer, 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 as on that date in which event the Security
Deposit and / or the Earnest Money (as the case may be) shall stand
forfeited.
AND/OR
(b)
Retain
and / or adjust / recover from the Tenderer any amount lying with
MSTC/PRINCIPAL 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 / PRINCIPAL in
selling the materials under the contract not taken delivery of at Tenderers'
risk and costs. Even after such recovery / adjustment by
MSTC from Tenderer's any
amount as mentioned above lying with MSTC / PRINCIPAL, if any further amount is still found payable /
refundable by the Tenderer, he shall pay the same to MSTC on demand and
without any objection or demur. The decision of MSTC in regard to the
actual losses incurred by MSTC/ PRINCIPAL including the
reasonableness of the rate at which MSTC/ PRINCIPAL may sell the
materials shall be final and binding on the Tenderer, provided that if no loss
is incurred by MSTC / PRINCIPAL, the Tenderer shall only be
entitled to the refund of the amount retained by MSTC / PRINCIPAL
by way of advance payment towards the undeliverable materials without any
interest thereon but not any other amount.
13.0
FORCE MAJEURE :
13.1 MSTC/ PRINCIPAL
shall not be liable for any failure or delay in performance due to any cause
beyond their control including Fires, Floods, Strikes, Go-Slow, Lock Out,
Closure, Pestilence, Dispute with Staff, Dislocation of normal working
conditions, War, Riots, Epidemics, Political Upheavals, Government Action, Civil
Commotion, Break down of Machinery shortage of Labour, Acts of God etc., Demands
or otherwise or on account of any other cause or consequences beyond the control
of MSTC/ PRINCIPAL the existence of such cause or consequences may
operate at the sole discretion of MSTC/PRINCIPAL to extend the time of
performance after the cause of delay will have ceased to exist. The provisions
aforesaid shall not be limited or abrogated by any other terms of the contract
whether printed or written.
14.0
ARBITRATION :
14.1 In the event of any
dispute and/or difference arising between the Tenderer/ Purchaser / Buyer and /
or their Agent as to the construction, interpretation and/or execution of
the contract and / or the respective rights and liabilities of the parties, such
disputes and /or differences shall
be referred to the sole Arbitration of the Chief Executive of the
PRINCIPAL for a Company registered under the Companies Act in case of a
PSU or the Head of the Department
in case of a Govt. Department/ Ordnance Factory Board Units / Defense Unit, who
may act himself or nominate in his stead any Officer subordinate to him or of
MSTC being not below the rank of General Manager/Director in the Govt.
Department/ General Manager in Defence Forces, who shall act as the Sole
Arbitrator. The provisions of the Indian Arbitration Act, 1940, and the Rules
thereunder shall apply to such Arbitration. The award passed by such Sole
Arbitrator shall be final and shall conclusively bind all the
parties.
15.0
GENERAL :
15.1 It should be noted by
the Tenderer(s) that by entering into this contract, MSTC /
PRINCIPAL is / are not precluded from entering into similar contracts
with anyone else of their choice at any time during the subsistence of this
contract.
15.2
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
Addendum so issued shall form a part of the original invitation to the Tender.
15.3 In case offer is not accepted, the Tenderer shall not be entitled to claim any cost, charges, expenses, incidental to or incurred by the Tenderer(s) 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 canceled by MSTC, which MSTC shall have the right to do at any time, the Earnest Money paid by the Tenderer with the Tender will be refunded to them in due course without interest.
15.4 The Tenderer(s) shall
have no right to issue addenda to Tender documents to clarify, amend, supplement
or delete any of the conditions, clauses or items stated
therein.
15.5 Unless otherwise
specified all rates and prices in the Tender form should be quoted both in
figures and words. Tenderers containing overwritten on revised rates are liable
to be rejected. Should there be any variation between the rates indicated in
figures and words, the higher of the two shall be considered. However, the
decision to accept /reject such offers by MSTC/PRINCIPAL shall be
final and binding on the Tenderer.
15.6 The Tenderer shall note
that the above General Terms and Conditions (GTC) are in addition to the Special
Terms and Conditions ( STC ) of the Tender which forms an integral part of the
General Terms and Conditions of the Tender in so far as the General Terms and
Conditions of the Tender may be altered by the Special Terms and Conditions of
Tender.
15.7 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 has agreed to all General Terms and Conditions herein specified as well as Special Terms and Conditions of Tender, if any.
15.8 The decision of
Chairman-cum-Managing Director of MSTC Limited or his authorised nominee
in the matter arising out of this sales shall be final in regard to all matters
relating to the contract.
15.9
All
kinds of legal proceedings in any matter arising out of the contract shall be
tried only by appropriate Civil Court at Mumbai.
15.10
Tenderer(s)
must ensure the following while submitting the Tender:
A)
THAT
THE FIRST & LAST PAGES OF GTC & STC OF TENDER AND THE SCHEDULE OF
RATE(S) ARE DULY SIGNED BY THE TENDERER BEFORE SUBMITTING THE TENDER.
B)
THAT
IN ALL CASES RATES QUOTED AGAINST INDIVIDUAL ITEM(S)/ LOT(S) IS / ARE INVARIABLY QUOTED IN FIGURES AS
WELL AS IN WORDS.
C) THAT ALL ALTERATIONS, ERASURE (S) AND/OR OVERWRITING IF ANY IN THE SCHEDULE OF RATE (S) ARE DULY AUTHENTICATED BY THE TENDERER'S SIGNATURE.
15.11 Unless otherwise stipulated against any particular item/material/lot put for sale in the tender Catalogue, the materials shall not be exported by the Buyer outside the Territory of India and the Buyer shall have to submit an undertaking to this effect to MSTC, such undertaking will be in favour of the President of India and will have to be submitted to MSTC alongwith the payment towards material value as per STC of the 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/ PRINCIPAL and the sale will stand automatically canceled without any further reference to the party.
15.12
Tenderer
should state whether he is a relative of any Director of
MSTC/PRINCIPAL or the Tenderer is a Firm/Co. in which any Director
of MSTC or his relatives are members or Directors.
15.13 In case of
MSTC issuing a
letter to any Tenderer seeking extension of validity period of his offer, if no
written reply / denial is received by MSTC from the Tenderer within the
time limit stipulated in MSTC's letter, it will be automatically deemed
that the Tenderer has agreed to the extension of validity of his offer as sought
by MSTC. The tenderer shall
have no right to reduce the original validity period or the extended validity
period of their offer.
15.14 Normally
no cutting / dismantling of materials will be allowed by the PRINCIPAL
unless specifically mentioned in the Schedule of Item(s) / Tender Catalogues /
Tender Terms. However, depending on
special circumstances / nature of materials, at the sold discretion of the
PRINCIPAL,
cutting
/ dismantling of the materials may be allowed by the PRINCIPAL
at the risk and cost of the Buyer only for the purpose of facilitating loading
and transportation by Buyer's Trucks but without conforming to any specific
purpose of use by the Buyer. The
decision of the PRINCIPAL
in this regard shall be final and binding on the Buyer.
15.15
CONDITIONAL OFFER : *
15.15.1
Conditional
offer will not be rejected as a matter of routine. There are occasions where conditions
stipulated are minor in nature and offers are otherwise attractive. Thus, the offer calls for consideration
on commercial ground. In general,
conditional offers where price does not get affected or the price can be
straightaway worked out, may be considered at the sole discretion of the
PRINCIPAL.
15.15.2If
the conditions given in the H-1 offer have a bearing on the payment terms,
delivery schedule which are at variance to the tender terms and conditions, a
re-bid may be called amongst all the tenderers who have quoted against that
particular lot, with the conditions as stipulated by the H-1 tenderer or with
revised conditions as may be advised by the PRINCIPAL subject to the sole
discretion of the PRINCIPAL about their acceptability of the
conditions. This will ensure giving
equal opportunity to all the tenderers on a level playing field. Alternatively, H-1 tenderer may be asked
to withdraw the conditions.
15.15.3MSTC may
at its discretion and with the concurrence of the PRINCIPAL, accept
combined offer provided that in MSTC's / PRINCIPAL's opinion it is
expedient to do so in the interest of maximising revenue.
(N.B. The General Terms & Conditions
of Tender are in addition to the Special Terms & Conditions of sale attached
with the Tender Catalogue.)
15.16 In
case of disposal of Old / Used Vehicles, the following procedure will be
normally followed : (a) For
RTO Registered Vehicles sold with RC Book (if available with the PRINCIPAL)
the sale will be deemed to be for "Re-use" and Sales Tax will be charged
accordingly. All charges for change
of ownership shall be borne by the Buyer.
In case the RC Book is not available or lost, necessary Certificate in
this regard will be issued by the PRINCIPAL
to the concerned RTO with copy to the Buyer to enable them to get the ownership
transferred. (b) In case of RTO Registered Vehicles
sold as Scrap without RC Book, the sale will be deemed as sale of Scrap and
Sales Tax will be charged accordingly.
The Delivery Order will stipulate that "Sale is for Scrapping &
without RTO Documents".
(c) In
case of Ministry of Defence Vehicles not having RTO registration, question of
availability of RC Book / Documents does not arise. Normally the Vehicle will be sold as
Scrap / for Scrapping by stipulating the Remarks in the Delivery Order that
"Sale is for Scrapping / Vehicle not having RTO Registration" and Sales Tax will
be charged accordingly. However,
instead of sale for scrapping if any tenderer wants the sale to be made for
re-use without stipulating the abovementioned Remarks in the Delivery Order,
then Sales Tax will be charged accordingly subject to the tenderer being
responsible for all RTO related formalities at his cost.
However in all the above cases, the PRINCIPAL
will have the sole discretion to decide whether they would sell the Vehicle for
Scrapping or otherwise and no complaint / representation will be entertained
from the tenderer in this regard.
15.17 Successful
Tenderers shall have to make all payments (including statutory Duties &
Taxes) and take delivery of goods notwithstanding all the faults and flaws, if
any, in the description etc. of the goods and irrespective of whether it was
actually inspected or not.
15.18
All
payments made by the Tenderers / Buyers by PO / DD will be subject to
realization.
(N.B.
:These
General Terms & Conditions of Tender are in addition to the Special Terms
& Conditions of the sale attached with the Tender Catalogue.)
Signature
of Tenderer ____________________________________
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