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Old , Used & Unserviceable Items for E-Auction - Login - Metaljunction

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abrogated by any other terms of the contract whether printed or written nor will the provisions<br />

of this clause abrogate or limit the effect of any other clause mentioned in this catalogue.<br />

25. Arbitration Clause: Dispute or differences arising out or relating to this Agreement shall be<br />

resolved amicably by the parties. Failing such amicable resolution of dispute / differences<br />

either party may refer the matter to arbitration of a Sole Arbitrator to be appointed by BCCL.<br />

The award of the Arbitrator shall be final, binding and conclusive on the parties. The venue <strong>for</strong><br />

arbitration shall be Dhanbad . The Arbitration proceedings will be governed and regulated by<br />

the provisions of Indian Arbitration and conciliation Act, 1996 and the rules framed there under.<br />

The Court at Dhanbad shall have exclusive jurisdiction.<br />

Governing Law: This Agreement is construed and shall be governed in accordance with the<br />

laws of India without giving effect to any principle of conflict of law. The arbitration fee will be<br />

beared in the ratio 50 : 50 by the BCCL and the Buyer(bidder) respectively.<br />

Jurisdiction: The Court at Dhanbad shall have exclusive jurisdiction.<br />

26. Special instructions:<br />

A. Please note that according to the notification file no.23.11/94 part iii dated 3.2.2000 issued<br />

by Ministry of Environment & Forests, Government of India, New Delhi, old & used<br />

ferrous/non-ferrous metal scrap, lead acid battery scrap, used oil can only be purchased by<br />

actual users enlisted with ministry of environment & <strong>for</strong>ests (MOEF). In addition, bidders<br />

who are actual users can bid <strong>for</strong> the above items provided they submit the following<br />

documents:<br />

i) valid license to process waste/scrap<br />

ii) valid consents under air and water act<br />

iii) valid authorisation under hazardous waste rules<br />

iv) Environment friendly technology <strong>for</strong> processing scientific disposal facility approved by<br />

the state pollution control board/central pollution control board.<br />

B. Special terms and conditions <strong>for</strong> internet auction: Bandwidth problems, connectivity<br />

problems with the local ISP (internet service provider), slowness to access pages <strong>for</strong><br />

downloading etc. are beyond the control of BCCL and mjunction. Hence no responsibility<br />

and liabilities lies with BCCL/ mjunction <strong>for</strong> the above problems, if any, faced by the<br />

bidders be<strong>for</strong>e/during the auction<br />

C. Any bid placed using the bidder's username and password is unconditionally binding on<br />

the bidder to whom such username and password had been allotted and he shall be<br />

solely responsible <strong>for</strong> maintaining the confidentiality of the same and fully responsible <strong>for</strong><br />

all activities that occur under their username and password. Hence the user is advised to<br />

check the username and password be<strong>for</strong>e the auction in order to familiarise himself with<br />

the same and is advised not to reveal it to anyone else so as to prevent misuse of the<br />

same. The bids made by the bidders against their username and password shall be<br />

irrevocable.<br />

D. BIDDERS MUST BE EXTREMELY CAREFUL TO AVOID ANY WRONG BIDDING (WHETHER TYPOGRAPHICAL OR<br />

OTHERWISE) THEY MUST CHECK AND RECTIFY THEIR BID (IF REQUIRED) BEFORE SUBMITTING THEIR BID<br />

IN THE LIVE E-AUCTION FLOOR BY CLICK BID BUTTON. THERE IS NO PROVISION FOR PUTTING BIDS IN<br />

DECIMALS. THE BIDDERS SHALL BE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES ARISING OUT OF<br />

THE BID SUBMITTED BY HIM (INCLUDING ANY WRONGFUL BID BY HIM) BIDDERS MUST ALWAYS ENSURE TO<br />

KEEP THEIR E-MAIL ADDRESS VALID FAILING WHICH THEY WILL BE IN TROUBLE DUE TO NON-RECEIPT OF<br />

E-MAIL FROM Mjunction. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO VERIFY THE STATUS OF THEIR<br />

BIDS AND CHECK THEIR E-MIALS TO PAY THE SECURITY DEPOSITAS PER CLAUSE NO. 11.2 OF TERMS AND<br />

CONDITIONS.<br />

The Offers are to be quoted exclusive of Taxes/Duties. The Material projected <strong>for</strong> sale are<br />

strictly on “AS IS WHERE IS” AND “NO COMPLAINT BASIS”. In case of any un<strong>for</strong>eseen<br />

circumstances beyond the control of the Management of Mjunction/SELLER, the auction may<br />

be extended/postponed.<br />

NOTE: QUANTITY INDICATED IN ALL THE LOTS ARE APPROX. WT/NOS/LOT. delivery of<br />

be made on actual weightment basis as may be available in the lot.<br />

material shall

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