607 Raheja Centre, Nariman
Point,
Mumbai - 400
021.
For
e-Auction Registration Enquiry - 2288 5924
e-mail :mstcwr@bom3.vsnl.net.in/mailto:mstcwr@bom3.vsnl.net.in
e_auction Website :
mstcauction.com
SPECIAL TERMS AND
CONDITIONS (STC) OF TENDER
1.0
MSTC's Western Regional
Office, Mumbai acting as Selling Agents of the Owner / Stockholder of the
materials (hereinafter referred to as Principal and described in detail on the
Cover Page of the Tender Catalogue), invites offers for purchase of materials
described in the Schedule of Item(s) on "AS IS WHERE IS" and "NO COMPLAINT"
basis.
2.0
INSPECTION:
2.1
Normally the materials
offered for sale may be inspected during working hours / days of the Principal /
Stockholder with their prior permission from 7 (seven) days prior to the date of
tender closing and till one hour before the time / date of Tender closing.
However, if any inspection schedule is specified on the Cover Page of the Tender
Catalogue, then the same shall be applicable.
3.0
INSTRUCTION
TO TENDERERS:
3.1 The cost of
the Tender Catalogue is stipulated on its Cover Page. Intending tenderers may
purchase the Tender Catalogue
from MSTC and submit their tender in the prescribed Tender Form purchased from
MSTC only. Alternatively, they may
download the entire Tender Catalogue (including the Cover Page, Declaration
Sheet, Schedule of Items, Schedule of Rates, Special Terms & Conditions of
Sale and General Terms & Conditions of Sale) from MSTC's Corporate Website
www.mstcindia.com and submit their tender in such prescribed Tender Form
downloaded from the Website alongwith PO / DD favouring MSTC Ltd towards the
cost of the Tender Catalogue, failing which their Tender is liable for
rejection.
3.2 Tender
documents are not transferable. The list of materials put up for sale by Tender
and their locations are specified in the SCHEDULE OF ITEMS attached
herewith. The offers / rates are to be quoted by the tenderer only in the
SCHEDULE OF RATES attached herewith (which is the prescribed OFFER
FORM) and as per the UNIT OF MEASUREMENT (UOM) stipulated in the
SCHEDULE OF ITEMS for the purpose of sale and delivery. In case of there being any confusion /
error in the quotation with regard to the UOM, the same will be considered as
may be deemed fit by MSTC subject to the quotation being covered by requisite /
prescribed EMD.
3.3 Tenderers
are required to submit Tenders in accordance with the mode of submission of
Tenders specified in Clause 2.0 of General Terms and Conditions of Tender (GTC)
alongwith prescribed EMD and all prescribed documents /
enclosures.
3.4 Quotations
must be submitted for each individual Lot separately and excluding all
applicable Duties and Taxes. (Note: Rates of Excise Duty and / or Sales Tax
indicated in the Tender Catalogue are only indicative and the same shall be
payable by the successful Tenderer as per the statutory rates prevailing on the
date of actual lifting / removal of the materials. Hence Tenderers should not
stipulate any rate of Duty/ Sales Tax in their Tender/
Offer).
3.5 The tenderers must write their name and address or affix the Rubber Stamp of their Firm/Co. at the back of all the POs / DDs submitted towards EMD. Tenderers must mention their Bank Account Number, Name & Branch of their Bank in the enclosed Declaration Sheet for enabling MSTC to refund their EMD/SD as and when required, failing which no refund of EMD/SD will be made by MSTC.
3.6 Tenderers
must mention their INCOME TAX PAN NO. in the enclosed Declaration Sheet,
which is mandatory to be put by the Principal on the TDS /TCS Certificate
wherever Income Tax is payable by the Buyer on sale of scrap as per prevailing
statutory provisions.
3.7 Tenders
complete in all respect should be submitted / dropped in the Tender Box kept for
this purpose in the office of MSTC, Mumbai within the closing time and date
specified on the Cover Page of the Tender Catalogue. The Tender will be opened
soon thereafter in the presence of such tenderers who may like to be present.
Tenders submitted in any other form are liable to be
rejected.
4.0 EARNEST
MONEY DEPOSIT (EMD) :
4.1 FOR DEPOTS / UNITS UNDER MINISTRY OF DEFENCE (EXCLUDING ORDNANCE FACTORIES):
EMD is required to be submitted @ 20% (Twenty Percent) on the full sale value quoted for each lot excluding applicable Duties and Taxes. THE EMD MUST COVER ALL THE LOTS QUOTED FOR, FAILING WHICH THE TENDER WILL BE SUMMARILY REJECTED. The full EMD will be adjusted towards the material value after receipt of balance sale value alongwith applicable Duties and Taxes from the Buyer as per Tender Terms. In case the Buyer fails to make the payment of the balance 80% of the Sale Value alongwith all applicable Duties and Taxes as per Tender Terms, the entire 20% EMD will be forfeited. All other provisions will be as per Clause 3.0 of GTC of Tender, excluding Clause No.3.2 of GTC of Tender.
4.2 FOR
ORDNANCE FACTORIES & PRINCIPALS OTHER THAN DEPOTS / UNITS UNDER MINISTRY OF
DEFENCE:
EMD is required to be submitted @ rate stipulated on the COVER
PAGE of the Tender Catalogue and
the same will be calculated on the full sale value quoted for each lot excluding
applicable Duties & Taxes.
The EMD must cover all the lots quoted for, failing which the Tender is
liable for rejection. The EMD will
be converted into Security Deposit (SD) as per Clause No.3.5 of GTC of
Tender. All other provisions will
be as per Clause 3.0 of GTC of Tender, including Clause No.3.2 of GTC of
Tender.
4.3
The EMD in all cases shall
be payable by way of Pay Order / Demand Draft of any scheduled bank in favour of
"MSTC LTD" payable at Mumbai.
4.4
In case of Rate Contracts /
Annual Rate Contracts, the Principal at its sole discretion may convert the full
or part EMD into Security Deposit to be retained with MSTC till the completion
of all contractual obligations by the Buyer to the satisfaction of the
Principal.
5.0
VALIDITY OF
OFFER:
5.1
The offer of the
Tenderer(s) shall remain valid for acceptance by MSTC for a period of 90
(ninety) days from the date of opening of Tender (or opening of Upward Revised
Bid if invited by MSTC at MSTC's sole discretion). If the last date of offer validity falls
on a holiday or be declared as a holiday due to any unforeseen reason, then the
Tender Offer shall be automatically deemed to be valid for acceptance by MSTC
till the next working day of MSTC. 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.
6.0
PAYMENT TERMS FOR PRINCIPALS OTHER THAN
MINISTRY OF DEFENCE (INCLUDING ORDNANCE FACTORIES WITHOUT QUOTA SYSTEM) :
6.1
The
Contract shall be treated as having been concluded as soon as a Sale Order /
Acceptance Letter is issued by MSTC to the successful Tenderer (hereinafter
referred to as the Buyer). In case of materials sold on "Lot
basis" no instalment
payment will be allowed and
the full 100% sale value of each Lot alongwith all applicable Duties and
Taxes should be paid by the Buyer in one single instalment within 15 (fifteen)
days from the date of issue of Sale Order / Acceptance Letter by MSTC (including
the date of issue) to the successful Tenderer. In this case materials will be
delivered without weighment on as is where is basis.
6.2
In case of
materials sold on "Unit Weight" or "Unit Number" basis, the full sale
value of each Lot of material alongwith all applicable Duties and Taxes must be
paid by the Buyer in equal installments as per table given below subject to the
full value / first instalment (alongwith applicable Duties and Taxes and Sales
Tax Declaration Form, if applicable), as the case may be, being paid within 15
(fifteen) days from the date of issue of Sale Order / Acceptance Letter by MSTC
(including the date of issue) and subject to each instalment being paid at
intervals of 15 (fifteen ) days :
|
Net Sale Value for each Lot ( excluding Duties & Taxes ) |
No. of Instalments |
|
Upto & including Rs.15 lakhs Over Rs.15 lakhs & upto Rs.30 lakhs Over Rs.30 lakhs & upto Rs.45 lakhs Over Rs.45 lakhs and above |
1 ( one) 2 ( two ) 3 ( three ) 4 ( four ) |
However,
the above instalment facility will be superseded by the mode of payment /
instalment stipulated in the Schedule of Items against any particular Lot, if
any. No instalment payment will
be allowed in case of materials belonging to ONGC and full payment will have to
be made in one instalment.
6.3
The Buyer must deposit all
sale value and applicable Duties and Taxes (and Sales Tax Declaration Form, if
applicable) to MSTC within the prescribed time schedule by PO/DD of any
Scheduled Bank drawn in favour of the Principal or as may be specified in the
Sale Order / Acceptance Letter to enable MSTC to issue the Delivery Order and
for enabling the Principal to release the materials to the Buyer. POs / DDs of Scheduled
Co-operative Banks will be accepted by MSTC / Principal subject to
realization.
7.0
PAYMENT TERMS FOR DEPOTS /
UNITS UNDER MINISTRY OF DEFENCE (EXCLUDING ORDNANCE
FACTORIES)
7.1 PAYMENT
OF MATERIAL VALUE:
(a) The
contract shall be treated as having been concluded as soon as a Sale Order /
Acceptance Letter is issued by MSTC to the successful Tenderer (hereinafter
referred to as the Buyer). Payment for balance 80% of the Sale Value of each lot
of material must be submitted by the Buyer within 10 (ten) days from the date of
issue of Sale Order / Acceptance Letter (including the date of issue of Sale
Order/ Acceptance Letter) by MSTC to the Buyer as per the following modalities
to be observed by the Buyer.
(b)
Alongwith the Sale Order / Acceptance Letter, MSTC shall issue Military
Receivable Order (MRO) in favour of the Buyer for each Lot separately (or by
clubbing the allotted Lots at MSTC's discretion).
(c)
The Buyer must deposit
the 80% of the Sale Value (excluding Duties and Taxes) against each MRO at a
time within the above stipulated period to Reserve Bank of India (RBI) / State
Bank of India (SBI), Treasury Branch or as may be specified in the MRO. NO INSTALMENT PAYMENT WILL BE
ALLOWED.
(d)
After depositing the
80% Sale Value of each Lot/MRO with RBI/SBI against the MRO, the Buyer must
obtain the original receipted copy of MRO / Treasury Receipt (TR) from RBI / SBI
duly stamped, dated and signed by RBI / SBI as proof of having received the
payment and the Buyer must submit the original receipted MRO / TR copy to MSTC,
Mumbai within 3 (three) days of having made the payment to RBI/SBI to enable
MSTC to issue the Delivery Order.
(e)
The Buyer should also
submit the applicable Duties and Sales Tax and applicable Sales Tax Declaration
Form if any to MSTC as mentioned below.
(f)
The Buyer should ensure
that the Receipted MRO / TR copy clearly and legibly bears the stamp, date and
signature of the concerned branch / office of RBI / SBI receiving the due
payments.
(g)
The Buyer shall be
fully responsible for any delay in issuance of Delivery Order by MSTC due to
late submission of the receipted MRO / TR copy, Duties, Sales Tax, Sales Tax
Form etc. to MSTC within the specified time period.
(h)
On receipt of paid /
receipted MRO / TR copy alongwith applicable Duties and Sales Tax (and Sales Tax
Declaration Form, if required) by MSTC from the Buyer within the specified time
period, MSTC shall issue the necessary Delivery Order in favour of the Buyer to
enable them to take delivery of the materials. The Buyer must collect their
Delivery Order personally from MSTC's Mumbai office during working hours after
duly acknowledging the receipt of the same. In case of Buyer's inability to
collect the Delivery Order, they should duly authorise their representative in
writing by attesting the signature of their representative by a letter in favour
of MSTC to collect the Delivery Order from MSTC and lift the materials from the
Principal's premises, otherwise the issue of Delivery Order will be held up at
the sole risk and cost of the Buyer.
(i)
At the request of the
Buyer, the Delivery Order may also be sent by post, but only after completion of
all payment formalities by the Buyer as mentioned above and subject to MSTC not
being responsible for any loss/delay in postal transit.
(j)
As an alternative to
the mode of payment of 80% Sale Value by MRO, MSTC at its discretion may advise
the Buyer to make the payment of the 80% Sale Value by PO/ DD of any scheduled
Bank in favour of the concerned Depot / Unit of the Principal alongwith payment
of applicable Duties and Taxes by PO / DD as may be stipulated in the Sale Order
/ Acceptance Letter issued by MSTC and the Buyer shall have to comply with the
same. In this case the payment of the balance 80% sale value alongwith
applicable Duties and Taxes (and Sales Tax Form if any) must be submitted to
MSTC, Mumbai within 10 (ten) days from the date of issue of Sale Order /
Acceptance Letter by MSTC.
(k)
The 20% EMD submitted
by the successful Tenderer will be adjusted towards the material value at the
time of issue of Delivery Order by MSTC to the successful tenderer only after
receipt of 80% balance sale value alongwith all applicable Duties and Taxes (and
Sales Tax Declaration Form, if applicable).
7.2 PAYMENT
OF DUTIES / SALES TAX:
(a) The
applicable Duties / Sales Tax amount for each lot will have to be paid by the
Buyer to MSTC, Mumbai within 10 (ten) days from the date of issue of Sale Order
/ Acceptance Letter by MSTC (including the date of issue Sale Order / Acceptance
Letter) or alongwith the submission of the receipted MRO / TR for the balance
80% sale value to MSTC. The
applicable Duties / Sales Tax must be submitted by the Buyer to MSTC by way of
PO/DD drawn on any Scheduled Bank in favour of MSTC LTD. and payable at Mumbai
as per the Sales Tax Rate stipulated in the Sale Order / Acceptance Letter
issued by MSTC to the Buyer.
As an alternative to the above, MSTC at its discretion may advise the
Buyer to pay the Sales Tax amount by PO/DD of scheduled Bank in favour of the
concerned Stockholder Unit / Depot of the Principal and payable at the location
of the Stockholder Unit / Depot of the principal as may be stipulated in the
Sale Order/ Acceptance Letter issued by MSTC. In this case also, the PO/DD
towards the Sales Tax amount must be submitted by the Buyer to MSTC, Mumbai
within 10 (ten) days from the date of issue of Sale Order / Acceptance Letter by
MSTC.
(b)
Clause No. 10.2 of the GTC of Tender stands modified as under
:
"All
Sales will be treated as local sale and the Buyer shall have to pay Sales Tax at
the rate as specified in the local Sales Tax Act / Rules of the concerned State
where the materials are lying. That
is, sale against "C" Form / Central Sales Tax will not be
allowed.
(c)
The provisions of
Clause No. 4.3 of the General Terms and Conditions of sale will apply only for
local Sales Tax and the tenderers should note that Sales Tax Declaration Form
submitted subsequent to the issue of Delivery Order by MSTC will not be
accepted. Sales Tax Declaration Form must contain the Sales Tax Registration No.
of the Buyer as a Dealer and it must be duly filled up and signed by the
Buyer.
(d)
Non-compliance of these
instructions relating to payment / submission of Sale Value and / or Sales Tax
and/or Sales Tax Declaration Form within the specified time period will be at
the risk of the Buyer and for any delay in submitting the same, the Buyer shall
be fully responsible and in such event, MSTC reserves its right to take action
as provided in Clause No. 12.0 of GTC of Tender without further reference to the
Buyer.
8.0
Allotment of Quantities for Reserved Quota (Applicable only for Ordnance
Factories) :
In case of Ordnance Factories, at their sole discretion and as per details stipulated in the Schedule of Items, they may sell certain specified categories of Non-Ferrous Metal Scrap on Reserved Quota basis by splitting the total quantity of such material available for disposal into separate Lots for allotment against SSI Quota, Export Quota, Open Quota and PBDA Quota as per the prevailing procedure/policy of Ordnance Factories / Ordnance Factory Board (OFB) / Ministry of Defence (MOD) in this regard. The Export Quota will be reserved for allotment to bonafide Registered SSI Units engaged in the manufacture of goods from scrap for Export and excluding Export Oriented Units registered with / Members of Peetal Basti Dastkar Association (PBDA), Muradabad. PBDA Quota will be reserved for Members/Export Oriented SSI Units registered with Peetal Basti Dastkar Association, Muradabad. Tenderers quoting for the SSI Quota must submit alongwith their Tender a notarised photocopy of valid Registration Certificate issued by NSIC/SISI/Directorate of Industries concerned. Tenderers quoting for Export Quota must submit alongwith their tender, a notarized photocopy of Certificate from an ICAI Registered Chartered Accountant showing exports made in the last three years as proof of their status as an Export Oriented Unit for verification by MSTC / Ordnance Factory. A price preference of 10% over the highest tendered rate received from the Open Quota Tender will be allowed to the valid tenderers of SSI Quota and the Export Quota and a price preference of 7.5% will be allowed to valid tenderers of PBDA Quota. In the event of any quantity reserved for the SSI /Export / PBDA Quota, not being disposed off, the same may be allotted to Open Quota Party at the sole discretion of Ordnance Factory. All allotments against the abovementioned Quota system will be entirely at the sole discretion of GM, Ordnance Factory and no complaints / representation will be entertained by MSTC / Ordnance Factory in this regard. All Tenderers must submit their Income Tax Pan No. and the Registration No. of their State and Central Sales Tax Registration as a Dealer to MSTC at the time of submitting their Tender / Offer.
9.0 DELIVERY TERMS FOR
ORDNANCE FACTORIES & PRINCIPALS OTHER THAN MINISTRY OF DEFENCE
9.1 The Buyer
shall lift / take delivery of the materials within 30 (thirty) days from the
date of issue of Delivery Order by MSTC or issue of Release Order by the
Principal, whichever is later. However, this will be superseded by the delivery
period stipulated in the Schedule of Items against any particular Lot, if
any. In case the due / last date
for payment / delivery falls on a holiday of MSTC / Principal, then the time
will be extended upto the next working day. Buyers must take prior appointment with the
Principal before placing the trucks.
10.0 DELIVERY TERMS FOR DEPOTS / UNITS UNDER MINISTRY OF
DEFENCE (EXCLUDING ORDNANCE
FACTORIES)
10.1 A Delivery Order shall
be issued by MSTC in favour of the Buyer (with a copy to the Stockholder Unit /
Depot of the Principal) only after receipt of all the due payments alongwith the
applicable Duties and Sales Tax (and / or Sales Tax Declaration Form if
required) against each lot. The
Buyer shall lift / remove the materials lying in each lot sold to them strictly
on "AS IS WHERE IS" basis within 30
(thirty) days from the date of submission of balance 80% Sale Value by
MRO to RBI / SBI or by PO/DD to MSTC and the delivery period will be accordingly
stipulated in the Delivery Order issued by MSTC. It should be clearly understood by the
Buyer that the delivery period will be counted from the date of payment of
balance 80% sale value to RBI / SBI or to MSTC as mentioned above and it will
not be counted from the date of submission of receipted MRO / TR or submission
of Duties / Taxes to MSTC. Hence it
is advisable for the Buyers to ensure that after submission of the balance 80%
sale value to RBI / SBI through MRO or to MSTC through PO/DD, the receipted MRO
/ TR copy as well as applicable Duties and Taxes are also immediately submitted
to MSTC without any delay so that the Buyer gets the advantage of the full
delivery period as mentioned above.
11.0 DEFAULT IN PAYMENT
BY THE BUYER :
11.1 FOR ORDNANCE FACTORIES & PRINCIPALS OTHER THAN DEPOTS / UNITS UNDER MINISTRY OF DEFENCE:
This will be governed by Clause No.8.0 of the GTC of the Tender.
11.2
FOR DEPOTS / UNITS UNDER MINISTRY OF DEFENCE (EXCLUDING ORDNANCE FACTORIES)
:
In addition to
the provisions of Clause No. 8.0 of GTC of Tender, the following shall also be
applicable. In
case of delay in payment of balance 80% material value and applicable Duties and
Taxes, late payment charges will be charged on 100% material
value.
In those
cases where the 80% Sale Value is payable by MRO to RBI / SBI, the late payment
charges shall also have to be paid by the Buyer through MRO to RBI /SBI and
receipted copy of MRO / TR towards the late payment charges must be submitted by
the Buyer to MSTC immediately for issue of Delivery Order. For this purpose, the
Buyer must return the original copy of expired MRO to MSTC, Mumbai and collect
fresh / modified MRO from MSTC, Mumbai personally for enabling the Buyer to
submit the late payment charges to RBI / SBI. This will be subject to the Buyer
making the due payments towards the balance 80% sale value alongwith applicable
late payment charges to RBI / SBI through MRO within the prescribed additional
period of 14 (fourteen) days after the expiry of the free payment
period.
In those cases where the balance 80% sale value has to be deposited to
MSTC, Mumbai by PO/DD favouring the Principal, the applicable late payment
charges shall have to be paid by the Buyer to MSTC, Mumbai by PO/DD favouring
the Principal within the aforesaid additional period of 14 (fourteen)
days.
12.0
DEFAULT IN
LIFTING BY THE BUYER:
12.1
This
will be governed by Clause No.9.0 of the GTC of Tender. However in case of
Depots / Units under Ministry of Defence and Ordnance Factories, the ground rent
charges will be @ 2% per day subject to other terms as per Clause 9.0 of GTC of
tender.
13.0
PERIOD OF
CONTRACT:
13.1
The period of
Contract shall be upto the last date of validity of Delivery Order / Release
Order issued by MSTC / Principal or upto the extended period of validity of the
Delivery Order / Release Order in case the delivery period is extended by the
Principal at their sole discretion, as the case may be.
14.0
For items
belonging to Depots / Units / Ordnance Factories under Ministry of Defence,
unless otherwise
stipulated against any particulars item/material / Lot put up for Sale in the
Tender documents, the material shall not be exported by the Buyer outside the
territory of India and submission of the duly signed Schedule of Rates (Offer
Form) by the Buyer shall deem to imply such undertaking by the Buyer in favour
of the President of India through MSTC. In case of any failure on the part of
the Buyer to submit such undertaking, the sale will be deemed not to have been
accepted by the Principal/MSTC and the sale will stand automatically cancelled
without any further reference to the Buyer.
15.0
HAZARDOUS
WASTE ITEMS: -
For Hazardous Items requiring Pollution Control
Board (PCB) Registration Certificate from State or Central Govt. or both (as the
case may be), if the Tenderer has / had a valid Certificate which expired 30 (thirty) days before
the date of opening of Tender, he must submit alongwith the Tender a copy of the
expired Certificate and a copy of
his Application to the concerned statutory Authority for extension with a proof
of submission of such Application. Further he must submit copy of valid
Certificate within 15 (fifteen) days from the date of opening of the Tender
failing which his Tender bid will be treated as invalid. Such Certificate must
remain valid / extended till the period of processing of material after
delivery. It will be deemed that the Tenderer have read and understood and
undertake to abide by all the provisions of the Hazardous Wastes (Management
& Handling) Rules, 1989 and subsequent Amendments issued by the statutory
Authorities, and particularly Item No.20 of Hazardous Waste (M & H)
Amendment Rules, 2003.
16.0
In case of any
conflict between any Remarks / Terms & Conditions / Notes stipulated in the
Schedule of Items and the STC or GTC of Tender, the said Remarks / Terms &
Conditions / Notes stipulated in the Schedule of Items shall
prevail.
(N.B.: These
Special Terms and Conditions of sale are in addition to the General Terms &
Conditions of sale attached with the Tender Catalogue)
Signature of Tenderer
________________________