+91-11-24334690, +91-9810757456 gopalkrishengupta@gmail.com
| Auction Details | |
| Auction No | NMJK/0035 |
| Opening Date & Time | 03-04-2023 20:15:00 |
| Closing Date & Time | Scheduled Time 03-04-2023 20:15:00 Closed Time 03-04-2023 20:45:01 |
| Inspection From Date | 03-04-2023 12:00:00 |
| Inspection Closing Date | 03-04-2023 12:00:00 |
| EMD Type | NA |
| Pre bid EMD Amount | 1 |
| Auto Extension (In minutes) | 5 |
| Seller Details | |
| Seller/Company Name | Niadar Mall Jai Krishen |
| Location | ANDAMAN AND NICOBAR ISLANDS |
| Street | |
| City | |
| Telephone | |
| gopal.krishen@gmail.com | |
| Contact Person | GK Gupta |
| LOT NO. [PCB GRP] / LOT NAME | LOT DESC | QUANITY | ED/(ST/GST) | LOCATION |
| Lot No: 01 |
Barrels 200 Ltrs |
4000 Nos | As Applicable / As Applicable |
Jalandhar |
| Lot Name: 01 | ||||
| Lot No: 2 |
Barrels 210 Ltrs |
6000 Nos | As Applicable / As Applicable |
Jalandhar |
| Lot Name: 2 | ||||
| Lot No: 4 |
Iron Scrap |
205 Tons | As Applicable / As Applicable |
Jalandhar |
| Lot Name: 4 | ||||
| Lot No: 3 |
Iron Scrap |
200 Tons | As Applicable / As Applicable |
Jalandhar |
| Lot Name: 3 | ||||
| Lot No: 5 |
Jerricans 20 Ltrs |
1600 Nos | As Applicable / As Applicable |
Jalandhar |
| Lot Name: 5 | ||||
| Lot No: 6 |
Used Oil |
20000 Ltrs | As Applicable / As Applicable |
Jalandhar |
| Lot Name: 6 |
Total Lots (6)
GENERAL & SPECIAL TERMS & CONDITIONS
NOTES: As per Notification No. 36/2017 Central Tax (Rate) dated 13-10-2017 and Notification No. 37/2017 Integrated Tax (Rate) dated 13-10-2017, Principal/Seller being Govt. Depot/Unit, so GST and CESS on goods will be deposited by Buyer under Reverse Charge Mechanism.
Bidder with valid GST registration number is allowed to participate in the E-auction.
ALL CONTRACTS/TRANSACTIONS ENTERED INTO BY THE BUYER/BIDDER ARISING OUT OF THIS E-AUCTION SHALL BE GOVERENED BY THE INTEGRITY PACT AVAILABLE ON OUR WEBSITE www.nmjk.in
NOTE: BUYERS HAVE TO INSPECT THE MATERIAL THOROUGHLY AND SATISFY THEMSELVES ABOUT THE NATURE, HAZARDOUS/EXPLOSIVE PROPERTIES, IF ANY, BEFORE SUBMITTING THE BID. IN CASE THEY COME ACROSS ANY MATERIAL BEYOND THE SCOPE OF THE DESCRIPTION OF MATERIAL, IT SHOULD BE INFORMED TO SELLER/NMJK. NMJK (AUCTIONEER) WILL NOT BE RESPONSIBLE FOR ANY COMPLAINT IN THIS REGARD.
THOUGH A FACILITY IS PROVIDED TO BIDDERS TO SELECT A CATEGORY IN THE LIVE AUCTION, HOWEVER, BUYERS IN THEIR OWN INTEREST ARE ADVISED TO GO LIVE E-AUCTION FLOOR, AFTER SELECTING “ALL CATAGORIES”. NMJK WILL NOT BE RESPONSIBLE FOR ANY OVERSIGHT IN SELECTING THE CATEGORY IN LIVE AUCTION/LOT ON THE PART OF BIDDERS/BUYERS.
PLEASE NOTE: THE AUCTION CATALOGUE ON THE LIVE E-AUCTION FLOOR SHOULD BE TREATED AS FINAL AND BINDING.
Under
Reverse Charge Mechanism, the buyer bears the responsibility to submit the requisite GST mentioned in the Sale Order/Delivery Order to the relevant GST authorities and get GST Challan against the same. Buyer also needs to generate the GST Invoice to submit it to the Seller before taking Actual Delivery. Buyer has to file required GST Returns accordingly. Buyer shall make payment of only the Basic Material Value + TCS (if applicable) to NMJK for onward submission to Seller with D.O.
Under Reverse Charge Mechanism it is the sole responsibility of the Seller to collect the following documents before allowing Delivery:
(a) True Copy of GST Registration Certificate of the Buyer.
(b) GST submission Challan for the value of GST as shown liable in the Sale Order/Deliver Order.
(c GST Invoice from the buyer showing proper description of material, rate, taxes, value, GST TIN of the buyer, properly sealed and signed by the buyer.
All payments towards EMD/Security Deposit, balance material value, TCS, late payment penalty etc. are to be made by way of e-payment through RTGS/NEFT if favour of NMJK. The buyers have to make payment by RTGS/NEFT from their own account only. No third party payment shall be accepted.
All the offers shall be valid for a period of 90 days from the date of closing of e-auction. In case the last date happens to fall on a Public Holiday, the next day shall be considered as the last date of validity.
NOTE: PAYMENT CLAUSE: In case the last date of submission of payment happens to fall on a Public Holiday, the next day shall be considered as the date of submission of payment.
The buyer will not be required to deposit the EMD for those lots which fall under the category of STA.
Only when the lot is approved by the principal, a mail will be sent by our portal to the buyer to submit the requisite EMD within a period of 7 (seven) days from the date of approval.
Buyers are requested to fill the auction, lot and other details carefully while generating challan for e-payment to avoid any deactivation or further complications. MSTC will not be responsible for any wrong information.
Buyer will have to generate fresh account number by generating fresh challan, each time they want to credit the amount.
NOTE: Buyer will have to generate fresh account number by generating fresh challan, each time they want to credit the amount.
The buyer will have to invariably e-mail the payment details on the same day of crediting the amount. In case of non-observance of these guidelines, the payments credited by the bidder shall not be accepted.
Payment Terms:
(1) The bidders shall submit Earnest Money Deposit (EMD) through NEFT/RTGS within 7 days of e-auction/acceptance of STA bid by seller for SOLD lot. Upon issue of the sale order/acceptance letter the EMD will be converted into Security Deposit and shall be adjusted in the final payment. In case of non fulfillment of the contractual obligation, the security deposit will be liable to be forfeited by seller.
(2) If the buyer fails to credit the post bid EMD within 7 days of the acceptance of the or fails to credit the complete payment within 17 days of the acceptance of the lots, the login ID if the bidder shall be deactivated for a minimum period of 6 months and shall be reopened only after levying suitable reactivation penaltybas deemed fir by NMJK/Seller.
(3) LATE PAYMENT PENALTY (ONLY FOR LOTS WHERE SALE ORDER HAS BEEN ISSUED): If the payment is not made within the free payment period mentioned in the Acceptance letter/Sale Order, the payment may be accepted up to a period of 2 (two) weeks from the due date of payment, on payment of late payment @1% per week on the total sale value.
PAYMENT:
Buyers are instructed to make payment through E-PAYMENT mode ONLY.
NO other mode of payment will be accepted.
Note: 1. Net banking Option: The amount will be credited in T + 1 EOD basis, so the buyer should remit the fund through Net banking 24 hours before the last day mentioned in the Auction Catalogue. Fund transfer through Net Banking in NEFT transaction and the same will be credited in NMJK account the next day excluding Sunday/holiday as per RBI guidelines.
(2) Buyer has to inform the details such as amount transferred, date of transfer, buyers Bank name, UTR No., Auction No., Lot No payment type such as EMD, Material Value , Taxes, Full Value, etc. to the DT Official whose name is appearing in the Auction Catalogue on the same day of the date of transaction. NMJK has no responsibility of delay in issue AL, DO, etc in case buyers failed to inform through mail.
1.0) CAUTION: (1.1) The bidder shall be solely responsible for all consequences arising out of the bid submitted by him (including any wrongful bidding by him) and no complaint /representation will be entertained by NMJK /Principal in this regard. Hence Bidders must be careful to check (the Bid amount/No. of O/No. of Digits/Unit of Measurement etc.) and rectify their bid (if required) before submitting their bid into the live e-auction floor by clicking the “Bid Button”. In case of any bid being equal to or more than 5 (five) times the current Highest Bid for a particular Lot, this will be displayed by way of a WARNING on the Bidder’s Screen before he confirms/submits the bid. There is no provision for putting Bids in decimals.
(1.2) The sale will be governed by the Material List & Special Terms & Conditions (STC) displayed on the Live E-auction Floor (and not under Forthcoming Auctions ) as well as the General Terms & Conditions (GTC) and buyer Specific Terms & Conditions (BSTC) already accepted by the Bidder at the time of e-auction
Registration with MSTC. The Material List & STC displayed under View Forthcoming Auctions on MSTC’s e-auction Website are tentative and subject to change at MSTC’s sole discretion before the start of e-Auction. Bidders should therefore download the Material List and STC displayed only under View Live Auctions for their record purpose if required. The BSTC and GTC can be seen and downloaded by going to the Home Page of the e-auction Website and clicking on NEW USER. Participation in the e-auction will be deemed to imply that the Bidder has made himself thoroughly aware of and accepted the STC, BSTC and GTC. In case of any conflict between the STC and BSTC, the STC shall prevail. MSTC shall have the right to issue addendum to the STC or BSTC to clarify, amend, modify, supplement or delete any of the conditions, clauses or items stated therein and the addendum so issued shall form a part of the Original STC.
(1.3) UNIT/UNIT OF MEASURMENT (UOM) FOR BIDDING, SALE & DELIVERY: Each lot will have to be bid, sold and delivered on the basis of the Unit/Unit of Measurement (i.e. UOM) stipulated in the Material list displayed on the Auction Floor of View Live Auctions against the respective Lot. Any representation /complaint from the Bidders for the Bid to be made /having been made on the basis of any other Unit/Unit of Measurement will not be entertained.
(1.4) During LIVE Auction, only brief Lot/Item details will be shown under Lot Name on the Auction Floor where bidders are required to bid. The complete Item Details can be seen by the Bidders by clicking on the respective Item hyperlinked under Lot Name and it shall be the responsibility of the Bidders to see the Item details before bidding and no representation /complaint in this regard will be entertained by MSTC/Principal from the Bidders. (1.5) MSTC/PRINCIPAL reserves the right to forfeit any amount/money lying with MSTC/Principal from the successful bidder who defaults in making the due payments against the e-Auction even though such amount/money may be lying with MSTC/Principal on account of the said Bidder against any other contract/transaction.
(a) ALL SALES ARE ON ‘’AS IS WHERE IS BASIS”
(b) FORM ‘C’ IS NOT ACCEPTABLE UNDER THIS SALE IN VIEW OF (a) above.
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1. The Seller has to collect the True copy of GST Certificate from Registered Buyers before delivering goods to them.
a) GST as applicable on the date of delivery shall be paid by the successful bidder and the GST and CESS on such goods shall be paid on Reverse Charge basis by the Registered recipient.
b) The bidders shall be solely responsible for remitting GST as per Delivery Order and any statutory liability in this regard will be the responsibility of the successful bidder and no liability whatsoever shall be borne by the Seller/NMJK (Auctioneer).
c) By giving bids in e-Auction, it will be considered that the successful bidder/s have carefully understood the Registration Terms & Conditions and Special Terms & Conditions and agreed the same in TOTO.
d) GST will be payable on all goods whether Scrap or otherwise or as stated. A copy of GST Registration number needs to be submitted with NMJK for updating buyer registration details. Stockholder/Seller/NMJK will not be liable to issue any Delivery Order etc. if GST Registration is not submitted.
e) The Auction Catalogue on the LIVE e-Auction should be treated as final and binding.
f) The buyer will not be required to deposit the EMD for those lots which fall under the category of Subject to Approval (STA). EMD will be payable only when the lot is approved by the Stockholder/Seller/Principal, then a mail will be sent by our portal to the buyer to submit the requisite EMD within a period of 7 (Seven) days from the date of approval.
g) Validity of all the offers submitted on e-Auction shall be for a period of 90 days from the date of closing of e-Auction.
h) If the buyer fails to credit the post bid EMD within 7 days of the acceptance of the lots or fails to credit the complete payment within 17 days of the acceptance of the lots, the login ID of the bidder shall be deactivated for a minimum period of 6 months and shall be reopened only after levying suitable reactivation penalty as deemed fit by Seller/NMJK.
i) In case the date of submission of payment happens to fall on a Public Holiday, the next day shall be considered as the date of submission of payment.
j) The buyers will have to invariably e-mail the payment details to admin@nmjk.in on the same day of crediting the amount. In case of non-observance of these guidelines, the payments credited by the bidder shall not be accepted.
k) DDs of Cooperative Bank shall not be accepted and will be returned without any action being taken on them.
THE CONDITIONS BELOW SUPERSEDES ALL OTHER TERMS AND CONDITIONS.
1. DEFINITIONS: The abbreviation/s-term NMJK means the auctioneer/agents of Stockholder/seller and when the context so admits their successors and assignee and any officers acting for them. The Stockholder means the COMMANDANT/CWE/GE of concerned Depot for the time being and when the context so admits any office/member acting for him. The buyer means the person, firm or company with whom Stockholder/NMJK concludes the contract for the e-Auction, and where the context so permits, includes his person or representative(s) and permitted assignees.
2. CONDITION OF GOODS: The prospective buyer/bidder must inspect the material/goods at their own and satisfy themselves before submitting e-Auction bid. All the items/goods are being sold on ‘AS IS WHERE IS BASIS’ and has to be removed with all faults and errors irrespective of misstatement of description, measurement, weight, quantity, enumeration or otherwise and without question on the part of buyer, and no claim shall lie against Stockholder and the auctioneer (NMJK) for compensation nor shall allowance be made on account of any such faults, misstatements or errors, although the part of same may be of a considerable nature. In particular the description of the goods may be identical with or similar to description of the goods of some previous sale by e-auction but no reliance must be placed on any such description. The buyer should satisfy themselves thoroughly as to what is offered for sale before submitting his e-Auction bid and should inspect the goods prior to bidding, otherwise it shall be deemed that the buyer (whether or not such inspection shall have in fact taken place) has inspected the goods and had noticed all defects and faults whether rendering the goods un-merchantable or otherwise which he might have discovered on inspection and he shall not be entitled to any compensation on account thereof. Nor shall any part to this contract be entitled to claim or otherwise if the goods sold are not available by reasons of not being at the specified place and the contract shall stand cancelled. No complaint will be entertained, and no reliance must be placed on any description.
3. RISK FACTOR: The Goods/items sold shall remain in every respect at the risk and cost of the buyer from the date of acceptance of his offer by the auctioneer (NMJK)/Stockholder and NMJK/ Stockholder shall not be under any liability for their safe custody or preservation from the date of auction.
4. PAYMENT: (i) After communicating acceptance of the bid, the bidder concerned fails to pay the requisite earnest money for the bid within 7 days of communication of acceptance of the bid, the sale shall stand cancelled and the lot re-auctioned without prejudice to the rights of the Government to take such other action as may be authorized by law.
(ii) Payment of not less than 20% (Twenty percent) of the amount of highest bid shall be made as Earnest Money Deposit after closure of the auction and acceptance of the bid. The auctioneer (NMJK) may, however, if required, without assigning any reasons demand as Earnest Money, higher percentage up to the full amount of the bid immediately after closure of the auction and in doing so the buyer shall in all cases act in accordance with the directions given by the NMJK/Stockholder or his representative.
(iii) The buyer shall deposit Earnest Money Deposit either at the office of the Auctioneer or at Stockholder office within the stipulated time by way of e-payment i.e. through RTGS/NEFT/ MRO/ PUBLIC FUND ACCOUNT in favour of concerned Unit/Depot as per confirmation /intimation letter. The entire balance sale value shall be paid by the buyer within 10 (Ten) days from the date of issue of Acceptance Letter/Sale Letter (including the date of issue).The time period of 10 days will be given for making payment of balance sale value.
(iv) Balance amount of sale value of the bids accepted will be paid by the buyer to auctioneer (NMJK) or in favour of The COMMANDANT/ CWE/GE of the concerned Depot or his representative or as per Sale Order within 10 days of sale (including the date of issue) by Demand Draft/Pay Order/ RTGS/NEFT/MRO /PUBLIC FUND ACCOUNT. If the buyer fails to make payment for the balance sale value by the stipulated date, the period for such payment may be extended by the NMJK/ Stockholder or his representative at their discretion after collecting additional LPC (Late Payment Charges) at the rate of (@) 1% of the sale value per week on default, to a maximum period of
Two (2) weeks only.
(v) The e-Auction bids/lots which were kept as Subject to Approval or whose decision was kept in abeyance/pending and upon receipt of communication of its provisional acceptance by the stockholder, the bidder concerned has to deposit 20% (Twenty percent) as earnest money deposit of the bid amount within 7 (Seven) days of communication of acceptance of highest bid. If he fails to deposit EMD the sale shall stand cancelled and the lot will be re-auctioned. Upon re-auction the concerned bidder shall be liable to make good all losses suffered, and expenses incurred due to or on account of the re-auction of stores without prejudice to the rights of the Government to take such other action as may authorized by law.
(vi) In the event of failure for the payment of balance sale value of any lot purchased by a bidder, within stipulated/extended period as applicable, the sale of such lot shall be cancelled. The earnest money if paid will be treated as accounts deposit and shall be forfeited and the lots shall be re-sold without any notice to the bidder as and when auctioneer (NMJK)/Stockholder thinks best, without prejudice to the rights of the Government to take such other action as may be authorized by law. Any loss incurred on such resale shall be recovered from the bidder. Stockholder shall in addition be entitled to recover from the bidder costs of storage etc. and any expenses incurred in or in connection with its resale. Any gain on resale shall belong to Government/ Stockholder.
(vii) In all cases dues under any provincial/local law shall be payable by the purchaser (exclusive of the sale value) to auctioneer (NMJK) along with the balance sale value, exclusive of the 20% EMD which may have already been submitted, before he shall be entitled to remove the goods. Any Octroi Duty, wherever payable upon the sale of the goods, shall be paid by the purchaser to auctioneer (NMJK)/Stockholder in addition to the price of the goods sold. Any other tax due in respect of the sale under any law for the time being in force shall be payable by the purchaser in addition to the sale price before removal of goods.
(viii) For all payments submitted with auctioneer (NMJK)/Stockholder, Delivery Order shall be issued based upon which delivery of the material can be undertaken by the bidder.
(ix) GST: GST as mentioned in the catalogue /as applicable has to be paid by the buyer under Reverse charge Mechanism.
(x) TCS: TCS (if applicable) will be paid in favour of auctioneer (NMJK)/Stockholder by way of e-payment. The TCS amount collected from the bidder will be forwarded to the stockholder along with Balance Sale Value by the agent. The TCS certificate for deposit of Income-Tax with Income Tax Authorities will be filled in by the respective stockholders and handed over to the concerned bidder(s)
5. DELIVERY: Removal of stores by the bidder--- The goods sold should be removed by the buyer from the position where they lie as per the location, and without packing unless this is specifically stated in contract. If defaulter challenges the decision of the Government then in addition to forfeiture of earnest money the Govt. reserves the right to re-sell the goods without prejudice to the rights of the Government to take such other action as may be authorized by law.
(a) The goods sold will be removed by the buyer from the site of accumulation within the period specified in the Delivery Order. Such a period will not be more than 30 days from the date of issuance of the delivery order unless otherwise specified in the lot description.
Delivery will be made only during working hours on all working days or as per stockholder. The purchaser will make his own arrangements for transport and he will not be entitled to claim any facilities or assistance for transport etc. from stockholder or any of his representative or auctioneer. Should the original buyer wishes to take delivery of the stores through a representative, he must be presented to the officer in whose charge the stores are held along with an with an authorization letter from auctioneer/identity card holder. Such officer at his discretion declare to act on any such authority and it shall be the responsibility of the buyer to satisfy such officer that the authority is genuine. Delivery by proxy will be at purchaser’s sole responsibility and no claim shall lie against Government/ Stockholder/NMJK on any account whatsoever, if delivery is effected to wrong person reporting to give his authority.
6. FAILURE TO PAY PRICE: In case the buyer makes default in payment of any goods in accordance with the contract, the Stockholder/NMJK will forfeit his earnest money (If Deposited by the buyer) and re-sell the goods in the manner it thinks best in the interest of the Government.
7. FAILURE TO TAKE DELIVERY AFTER PAYMENT: If the buyer having paid the full amount of his purchase money failed to remove the goods by the date or dates specified in the Delivery Order/Sale Order, Stockholder/Seller/NMJK may keep the goods at the buyers risk and claim/recover Ground rent/compensation in advance from the buyers at the rate of (@) 2% per day of the original sale price of the lot or lots if failure to take delivery of the goods or any part thereof from the last date given for removal of goods to the date of final removal of the goods. If the goods are not claimed within TWO weeks of the date of delivery, Govt. may sell the same without further notice as and when they think best and treat the default as a breach of contract and cancel the contract.
8. RECOVERY OF SUM DUE: Whenever any claim for the payment of sum of money arises out of or under this contract against the buyer, Auctioneer (NMJK)/Stockholder shall, without prejudice to any other remedy, be entitled to deduct it from the proceed of such re-sale or to appropriate the said security deposit in whole or in part and in the event of the Security being insufficient the balance may be deducted from any sum then due or which at any time hereafter may become due to the buyer under this or any other contract with Stockholder/NMJK and if this is not sufficient, the buyer shall pay balance to Auctioneer/Stockholder on demand.
9. DAMAGE: The buyer shall make good all damages which may be caused to any property of govt. or to any other person by any act of default by the buyer, his agents, or servants, in connection with the removal of any of the goods, or commission to take necessary precautions provided that Stockholder/NMJK may, at its option, make good such damage and charge the buyer with the expenses thereof.
10. Corrupt Practice: Any bribe, commission, gifts or advantage given/promised or offered by or on behalf of the buyer or his partner, agent or servant or any one on his or on their behalf whether (with or without) the knowledge of the buyer to any officer, servant, representative or agent of Stockholder/NMJK in relation to the obtaining or to the execution of the above or any criminal liability which he may incur, subject the buyer to the cancellation of this and all other contracts and also to the payment to Stockholder/NMJK in relation to the obtaining or to the execution of this or any criminal liability which he may incur, subject the buyer to the cancellation of this and all other contracts. NMJK/Stockholder may at any time terminate this contract if the buyer is an adjudicated insolvent or enters into any arrangement with creditors or being a company it wound up voluntarily or otherwise, unless it be for purpose of reconstruction and recover from the buyer the loss resulting there from.
11. ASSIGNMENT OR SUB-LETTING OF CONTRACT:
The buyer shall not assign or sub-let this contract or any part thereof without the written permission of the NMJK/Stockholder and even if permitted to do so shall remain liable towards fulfillment of the contract.
12. ARBITRATION CLAUSE: All question arising out of any contract resulting in acceptance of any e-Auction terms not expressly provided for in the preceding clauses shall be referred to the sole arbitrator who will be an officer of Ministry of Law to be nominated by the Secretary, Ministry of Law and appointed by the President. There will be no objection to any such appointment that the person appointed is government Servant, that had to deal with the matters to which the agreement related and that in the course of his duties as such government servant has expressed views on all or any of the matters in dispute or difference. The award of such arbitrator shall be final and binding on the parties. It is a term of this agreement that in the event of such arbitrator to whom the matter is originally referred, being transferred or vacation of office by resignation or otherwise or being unable to act for any reason, President of the Administrative Head of Ministry of Defence or his nominee at the time of such transfer, vacation of office or inability to act, shall appoint another person to act as Arbitrator in accordance with the terms of this agreement.
13. SUCH person shall be entitled to proceed with the reference from the stage at which it was left by that person. No person other than a person appointed by the President or the Administrative Head of Ministry of Defence or his nominee as aforesaid should act as Arbitrator and, if for any reason that is not possible, the matter is not to be referred to arbitration at all.
14. Subject as aforesaid, the Indian Arbitration Act, 1940 or any statutory modification or re-enactment, thereof and of the rule made there under for the time being in force shall apply to such arbitration and this deed shall be deemed to be a subsection to such arbitration.
15. In this clause the expression Arbitrator means the Administrative Head of Ministry of Defence or any officer who may be assigned this function by him.
16. Tax Clearance Certificate: (I) Every participator should furnish valid Income Tax-clearance Certificate or Photostat copy thereof from his Income Tax Officer indicating that the participator is an assessee of his ward and his permanent account no. where already allotted. The certificate should be in the name and address given by the successful bidder. This Certificate is required when individual or total purchase made by the participator in an e-auction exceeds Rs. 50,000/- excluding sale tax.
(ii) In case the participator is unable to produce the requisite Certificate at the time of issuance of delivery order, TCS @ 1% has to be submitted by the purchaser of the goods in the e-auction.
Special Note: All the lots which are rejected or have no bid in this e-auction shall be put-up again for re-auction within 7-10 days of closure of this auction/There shall be no separate publicity for such disposals. Bidders are advised to keep a watch on next date of e-auction for rejected And no bid items, though auto generated email intimation shall be sent by the system while creating a new auction for such lots.
17. NON-DELIVERY:
(a) Where goods are sold in lots and not by number or units, in the event of the lot or lots being found to be deficient in quantity, size, measurement, number and weight, as stated in the catalogue, purchaser shall have no claim against the Government/Stockholder or against auctioneer(NMJK) for refund of the whole or any part of the purchase money, or for loss of profit, interest, damages etc.
(b) Where stores are sold by weight or number, and not on the basis of lots, and the purchaser fails to obtain delivery of the whole or a portion of the stores sold, he shall not be entitled to make any claim other than for proportionate refund of the sale of the undelivered quantity. He shall not be entitled to claim any damages, loss or profit, interest or compensation or any other account.
18. Re-sale will not be recognized and Delivery Order/Sale Release Order will be made out in the name of the actual purchasers/bidder only.
19. The buyer in his own interest should remove the lot(s) by the specified time as mentioned in the Delivery Order. In the event of his failure to take delivery, the NMJK/Stockholder or his authorized representative may in his discretion permit the purchaser to remove the said lot(s) or portion thereof within an extended period on payment in advance of ground rent charges at the rate of 2% of the original sale price per day for the additional period originally specified for lifting in the Delivery Order of each lot or lots or portions thereof till the date of final removal.
20. The buyer shall be responsible for any damage that may be done to the premises while taking delivery or removing the lot or lots bought by him. The NMJK/Stockholder or his representative may at his option arrange to make good such damage and the buyer shall pay the same on demand by NMJK/Stockholder.
21. In the event of the NMJK (Auctioneer) being of opinion that bidders are forming a ring and fair prices are not being realized for stores offered in e-Auction, the auctioneer may stop the sale with the consent of the Officer Supervising the e-Auction/Stockholder or his representative.
22. NMJK/Stockholder reserves the right to defer the decision on the highest bid received for a particular item or items and communicate it subsequently.
23. NMJK/Stockholder reserves the right of withdrawing from the sale any lot or lots advertised in the catalogue at any point of time during this contract or prior to the acceptance of any bid for such lot/lots at an e-Auction without assigning any reasons.
24. Whenever any claim for the payment of a sum of money arises out of the e-Auction sale against the buyer, NMJK/Stockholder shall without prejudice to any other remedy to which he is entitled to collect such sum of money from the proceeds of resale under this contract or from any sum then due or which at any time thereafter may become due to the buyer under this or any other contract with Government and demand the balance remaining due. Only those offers will be considered which are in line with Stockholder/NMJK requirements and no conditional offer shall be entertained.
25. After the submission of bid(s) by the Buyer, a presumption would be drawn that the buyer has inspected the material and has satisfied himself about the nature, quantity, quality, other technical specifications, taxes-duties and legalities prior to the e-Auction. No complaint, whatsoever, on the points referred above, would be entertained after the submission of the bid.
26. All the bids shall be valid for 90 days from the close of e-Auction.
27. The e-Auction Sale will be governed by the List of Items displayed & Special Terms & Conditions displayed on the Live e-Auction as well as Buyer-Seller Terms & Conditions already accepted by the Bidder at the time of e-Auction Registration with NMJK (Auctioneer). The Material List & Special Terms & Conditions displayed are tentative and subject to change at NMJK/Stockholder's sole discretion before the start of e-Auction. Bidders should therefore download the Material List and Special Terms & Conditions displayed only under "View Live Auctions" for their record purpose, if required. The terms & conditions and Special Terms & Conditions can be seen and downloaded by going to the Home Page of the e-Auction Website. Participation in the e-Auction will be deemed to imply that the Bidder has made himself thoroughly aware of and accepted the Terms & Conditions and Special Terms & Conditions. In case of any conflict between the Terms & Conditions and Special Terms & Conditions, the Special Terms & Conditions shall prevail. NMJK/Stockholder shall have the right to issue addendum to the Terms & Conditions and Special Terms & Conditions, to clarify, amend, modify, supplement or delete any of the conditions, clauses or items stated therein and the Addendum so issued shall form a part of the original Special Terms & Conditions.
28. The Principal/Owner/Stockholder of the materials reserves the right to withdraw at any stage the sale of any item or quantity of material either by number or by weight or any other specific unit etc., even after issue of Delivery Order. The Principal/Owner/Stockholder will not be bound to assign any reason or details thereof. Value of the materials so withdrawn, if any, and paid by the buyer will be refunded. The Principal/Owner/Stockholder will not be responsible for any damage, loss, direct or consequential compensation whatsoever to the buyer nor for payment of any interest.
This service of auction on the internet is offered to you by Niadar Mall Jai Krishen, referred as NMJK from hereon, on their portal: https://www.nmjk.in is subjected to the following Registration Terms & Conditions (RTC), which may be updated by us from time to time without notice to you. You can review the most current version of the RTC at any time at: www.nmjk.in. In addition, when using particular e-auction services, you and NMJK, shall be subject to any posted Guidelines or Rules applicable to such services which may be posted from time to time. All such Guidelines or Rules are hereby incorporated by reference into the RTC. NMJK may also offer other services from time to time, such as that are governed by different Terms & Conditions detailed in specific auctions.
You are responsible for obtaining access to this Service and this may involve third party fees such as Internet service provider or airtime charges. You are responsible for paying these fees and are also responsible to provide all equipment necessary to access the Service.
You must be at least 18 years of age to access and view.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (called the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NMJK has apparent / reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NMJK has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). NMJK is concerned about the safety and privacy of all its users.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at NMJK Privacy Policy.
You will be required to add the required Registration Data in the form and update it as and when needed. Upon completing the Service registration process, you will receive a username and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password/account. You agree to immediately notify NMJK of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. NMJK will not be liable for any loss or damage arising from your failure to comply with this Clause.
You understand that all information including data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including any official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in auction related areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law,
l. "stalk" or otherwise harass another user; or collect or store personal data about other users.
You acknowledge that NMJK does not pre-screen Content, but that NMJK its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, NMJK and its designees shall have the right to remove any content that violates the Terms & Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, and in all other parts of the Service.
You acknowledge and agree that NMJK may preserve content and may also disclose content if required to do so by law or in the good faith and belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the Terms & Conditions;
(c) respond to claims that any content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of NMJK, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7.1 The goods are sold on as is where is basis and as and where they lie and on Caveat Emptor basis. The whole of the lot/lots shall be taken from the site of accumulation with all faults and errors in description provided in the auction catalogue. Otherwise the quantities, qualities, size(s), measurement, numbers and weights as stated in the auction floor and/or in any delivery documents are only approximate and no guarantee(s) shall be implied. The goods are sold on the specific assumption that the bidders have inspected the lot(s). No complaint will be entertained after sale.
7.2 Quantities made in the lot are approximate and NMJK holds out no warranty as regards the quantity and fitness of the goods for any particular purpose. The value paid in auction is for the approximate quantity. Proportionate value for the quantity falling short in a lot at the time of delivery will be refunded to the buyer. Any quantity found excess in a lot over the approximate quantity mentioned in the auction floor will have to be taken by the buyer after depositing the proportionate amount along with the final instalment. In the event the materials are found in excess as specified in the delivery order, the buyer will be allowed to deposit the balance amount within a reasonable amount of time as may be determined by the seller in his sole and absolute discretion from the date of the incident of the removal as mentioned in the delivery order, failing which, the buyer shall deposit such balance value with ground rent at the same rate mentioned elsewhere in the Terms & Conditions of the e-auction.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from INDIA or the country in which you reside.
NMJK does not claim ownership of content you submit or make available for inclusion on the e-auction. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the service, you grant NMJK the following world-wide, royalty free and non-exclusive license(s), as applicable:
Publicly accessible areas of the Service are those areas of the portal that are intended by NMJK to be available to the general public.
You agree to indemnify and hold NMJK, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the portal, your use of the portal, your connection to the portal, your violation of the RTC, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the e-auction portal, use of the portal, or access to the portal.
You acknowledge that NMJK may establish general practices and limits concerning use of the e-auction portal. You further acknowledge that NMJK reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
NMJK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the e-auction portal (or any part thereof) within a reasonable time. You agree that NMJK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the portal provided such notice has been given to you.
You agree that NMJK, in its sole discretion, may terminate your password, account or any part thereof or use of the portal, and remove and discard any content within the portal, for any reason, including, without limitation, for lack of use or if NMJK believes that you have violated or acted inconsistently with the letter or spirit of the RTC. NMJK may also in its sole discretion and at any time discontinue providing the e-auction service, or any part thereof, with prior notice of reasonable time. You agree that any termination of your access to the e-auction service under any provision of this RTC may be affected without prior notice, and acknowledge and agree that NMJK may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the e-auction portal. You further agree that NMJK shall not be liable to you or any third-party for any termination of your access to the e-auction portal.
The e-auction portal may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NMJK has no control over such sites and resources, you acknowledge and agree that NMJK is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NMJK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the e-auction portal and any necessary software used in connection with the e-auction portal "Software" contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the e-auction portal or advertisers is protected or will be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NMJK or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the e-auction service or the Software, in whole or in part. You also agree not to access the e-auction portal by any means other than through the interface that is provided by NMJK for use in accessing the e-auction service.
You expressly understand and agree that:
a. Your use of e-auction portal is at your sole risk. The service is provided on AS IS AND "AS AVAILABLE" basis. NMJK expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. NMJK makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations,
c. No advice or information, whether oral or written, obtained by you from NMJK or through or from the e-auction portal shall create any warranty not expressly stated in the RTC.
d. Time definition clarity & responsibility (i) time for all purposes in the conduct of the auction shall denote the time as registered in the NMJK e-auction portal. The time as displayed by the system shall for all purposes be final and binding. (ii) All communication shall be deemed to have been completed as against the buyer/seller as soon as they enter the respective party's system resources. The responsibility of maintaining the system's resources at the party's end shall be that of the party concerned.
You expressly understand and agree that NMJK shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if NMJK has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or
(v) ) any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the service concerning companies, please read the above Clauses 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The e-auction portal is provided for information purposes only, and no content included in the portal is intended for trading or investing purposes. NMJK and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the e-auction Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email and/or regular mail. The e-auction portal may also provide notices of changes to the RTC or other matters by displaying notices or links to notices to you generally on the e-auction portal.
The RTC constitute the entire agreement between you and NMJK and govern your use of the e-auction portal, superseding any prior agreements between you and NMJK. You also may be subject to additional terms and conditions that may apply when you use affiliate services and/or third-party content. The Terms & Conditions and the relationship between you and NMJK shall be governed by INDIAN laws without regard to its conflict of law provisions. You and NMJK agree to submit to the personal and exclusive jurisdiction of the courts located within the city of New Delhi. The failure of NMJK to exercise or enforce any right or provision of the RTC shall not constitute a waiver of such right or provision. If any provision of the RTC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the RTC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the e-auction portal or the RTC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The auction shall be closed at the scheduled time as stipulated in each case unless it is extended by the process of auto-extension wherein the closing time of an auction shall automatically be extended by 5 minutes if a bid is received in the last 5 minutes of close date/time of auction.
The clause titles in the RTC are for convenience only and have no legal or contractual effect.
In case any Buyer fails to make the payment towards Registration Fees to NMJK within 15 days from the date of his registration, then the registration will be cancelled. He can, however, re-register himself for the purpose of paying Registration Fees and activate his account for participation in future auctions.
If any account is deactivated for non-compliance of any Terms & Conditions of the e-auction, then the registration fees for that account will stand forfeited. In case the same bidder wants to re-register himself, he shall be required to pay a penalty to be decided by NMJK/Seller. However, the acceptance of such re-registration fees shall be at the sole & absolute discretion of NMJK/Seller.
Please report any violations of the RTC to NMJK.
The Seller and NMJK reserve the right to black-list, debar any bidder/buyer due to any act of omission or commission or fraudulent acts indulged or caused to be indulged by such bidder/buyer in the course of bidding process and/or in the execution or performance of any of the contracts which may be awarded to the bidder/buyer pursuant to the e-Auction, provided that the Seller/Stockholder and NMJK shall be obliged to allow an opportunity of being heard to such bidder/buyer before any order of black-listing/debarment could be passed. Any such order of black-listing/debarment that may be passed by the Seller and/or NMJK shall be without prejudice to other right of actions available to the Seller and/or NMJK against the bidder/buyer under the Special Terms & conditions.