Tender for SCrap Disposal - Deepak Fertilisers and Petrochemicals ...

Deepak Fertilisers And Petrochemicals Corporation LimitedPlot : K7 / 8 / JNPT, MIDC, Taloja, Dist : Raigad.INVITATION FOR SEALED TENDER AUCTION FOR DISPOSAL OF SCRAP &MACHINARY AT TALOJA WORKSSchedule of Programme:-Inspection of MaterialsTill 15-04-2013 Time: 10.00 A.M to 4.00 P.M.(Except Sunday & Holidays)Location Deepak Fertilisers & Petro chemicalsCorpn. Ltd.Plot K-8 Taloja Ind. Area.TalojaSubmission Sealed Tender (Clearly marked on the envelop “Offer for Scrap” and Addressed toGeneral Manager (Materials) On Or Before 20-04-2013 Time: Between 03:00pm to 04:00 pmEMD Details All Lots Rs. 1.0 Lacs DD / PO favoring “Deepak Fertilisers and Petrochemicalscorp. Limited”- payable at NAVI MUMBAI. To be submitted along with offer in sealed tender,failing which bid will be rejected.Contact details:Deepak Fertilisers & Petro chemicals Corpn. Ltd.Plot K-8 Taloja Ind. Area.TalojaMr. Krishnakant Kulkarni / Mr. Vinod DeodharPh. 022 -27405434/5418E-Mail::krishnakant.kulkarni@dfpcl.comvinod.deodhar@dfpcl.com

SR. MATERIAL DESCRIPTION UOM QTY.1 MS SCRAP MT 82 SS SCRAP MT 53 ALUMINIUM SCRAP KG. 3004 CABLE SCRAP ( ALU / COPPER ) MT 15 WOODEN SCRAP MT 26 LDAN / HDAN HDPE SCRAP BAGS MT 37 SCRAP BENTONITE BAGS MT 18 SCRAP MS DRUM- 205 LTR CAP-RUSTED NO. 109 SCRAP MS DRUM- 205 LTR CAP-OPEN MOUTH NO. 1510 SCRAP MS DRUM- 205 LTR CAP-CLOSED MOUTH NO. 40011 SCRAP CONVEYOR RUBBER BELT MT 212 ASSOATED ALUMINIUM FILTERS NO. 3513 SCRAP FRP CANOPY- BIG NO. 4Special Note:Quantity mentioned above are approximate and may increase or decrease.Your offer should be for Basic Price as per UoM.All Taxes, Duties & TDS will be EXTRA as applicable on the Date of Delivery.VAT extra as applicable ; Excise Duty extra If applicable.The above mentioned material quantity is to be lifted during contract period; additionalmaterial which wouldcome up in 90 days has to be lifted when truck load gets collected.The rates have to be valid for 90 daysFor Disposal of MS drums and Plastic carboys/drums, Bidder should have authorisedregistration with Maharashtra Pollution control board,

General Terms and ConditionDefinitionsSELLER: -Seller Deepak Fertilisers And Petrochemicals Corporation Ltd is further referred in thiscatalog, as DFPCLBIDDER – Any person - as an individual OR a proprietor OR a partner OR an authorizedrepresentative of any company OR any legal entity and who is paying the requisite EMD and whomakes or places a bid for and purchases the auction property either in part or in full is considered as abidder. One individual can represent as a bidder on his own behalf and on behalf of other companiesprovided he registers himself in those capacity separately i.e. for each representation he should payseparate Earnest money deposit. Successful Bidder is that Bidder in whose name confirmation of saleis issued by the seller.1.0 GENERAL TERMS & CONDITIONS1.1 Subject to the reserve price, if any, fixed by the SELLER and subject to the term and conditionsset out herein, sale shall be made to the HIGHEST BIDDER on “AS IS WHERE IS BASIS” and“NO COMPLAINT BASIS.” The Seller does not undertake any responsibility to procure anypermission/license etc. in respect of the auction property offered for sale.1.2 SELLER reserves the right to modify and amend the terms & conditions and announce the sameat any time before the entire auction concludes. Announcements made during the auction in theauction room and changes made in the catalogue including start price, bid increment/decrement,extension of time for lots where bids are received or not and any other additional conditions ORcorrection in the catalogue and/or additions or deletions of items being offered for sale are beingdone with the consent and knowledge of the seller would be binding on the bidder. Bidders areadvised in their own interest not to leave the auction room till the entire auction is closed.1.3 Bidding in this Auction shall be treated as conclusive evidence of the fact that the bidder hasinspected the materials and who have not been previously blacklisted by DFPCL and the documentspertaining to it and is satisfied in all respects regarding quantity, quality, condition of the Auctionproperty, taxes and duties, and other extraneous factors and the Principle of Caveat Emptor (let thebuyer beware) will apply. Final decision regarding participation will be with the Company It shallalso imply that the bidder has carefully gone through and understood the terms and conditions ofAuction including the amendments if any, prevailing at the time of Auction. Seller willnot entertain any complaints or objections once Bid is placed.1.4 Seller does not give warranty or guarantee of the quality, quantity, measurement, conditionChemical composition of each individual item/s or lot/s that form the auction property and about its“End Use” or fitness for a particular purpose. 1.5 The highest bidder does not get any right todemand acceptance of his offer. SELLER reserves the right to accept / reject / cancel any bid,withdraw any portion of the Auction Property at any stage from Auction even after acceptance of bid/issue of delivery order or release order/ deposit of full value by successful bidder without assigningany reason there of. In the event of such rejection/ cancellation/ withdrawal, SELLER, shall refundthe value of Auction Property, if paid for, to the successful bidder. SELLER shall not be responsiblefor any damages/loss whatsoever to the successful bidder on account of such withdrawal.1.6 EMD amount will not carry interest.1.7 In the event of failure on the part of the successful bidder to fulfill his contractual obligations,seller reserves the right to debar such bidder from participating in any future auction

2.4 Bidders/Seller may note that any payments by DD or cheque or any other means towardsEMD/Security Deposit or other purposes received by DFPCL shall be handled in good faith andintention. However DFPCL shall not be responsible for the loss of the DD/Cheque from its custody dueto reasons beyond its control such as fire, theft, burglary, loss in transit, accident, war, riots, civilcommotion, any terrorist activity, any natural calamity, adverse weather and climatic conditions etc.3.0 PARTICIPATION3.1 The prospective bidder has Submit a quote in sealed tender along with the DD for EMD moneyalong with the KYC form Fully filled.3.2 Duly filled Declaration Form to be submitted along with visiting card along with the offer.3.5 In case of successful bidder, the EMD amount will be converted into Security Deposit and sameshall be refunded after satisfactory execution of order. For unsuccessful bidders EMD will berefunded. Under any case SD/EMD shall not bear any interest..4.0 Payment4.1 All payments shall be made in the form of Demand Draft/Pay order issued by any Scheduled /Nationalized Bank in favour of Deepak Fertilisers and Petrochemicals corp. Limited payable atNAVI Mumbai.4.2 On confirmation of bids, the Highest bidder should pay the total transaction value (includingTaxes & duties) by DD within 7 working days. The Sale Order will be released only after receipt ofprescribed amount. (Transaction value means Basic+ED+CESS+ST+TCS). The EMD will be kept asSecurity Deposit. The Security Deposit shall be refunded after satisfactory execution of Contract.4.3 The cutting if required of the items will be allowed only acetylene cutting. Therefore your bidsshould be based on acetylene cutting.4.4 In the event of the failure of the Purchaser (H1 Bidder) by way of a default in payment of thematerial being disposed or non-compliance or any of the terms mentioned herein, the contract willautomatically stand terminated and the Security Deposit will stand forfeited for the breach of contractby the buyer. In this case, the company reserves the right to dispose of the balance material in the Lotand the said buyer will have no claim whatsoever.5.0 DELIVERY5.1 On receipt of full Sale Value along with applicable ED/VAT/ Sales Tax/TCS & other Charges bythe Seller, the Seller will issue final Sale/ Delivery / Release Order to the Approved bidder therebyenabling him to lift the ready materials within seven working days.5.2 The successful bidder shall not be entitled to choose or pick up any particular material from thelot. He has to lift the entire material as available in the lot.5.3 In order to facilitate DFPCL to complete the transaction before 4.30 P.M. the goods should becollected before 4 P.M. on any working day with prior appointment of the concerned departmentduring the stipulated delivery days (except Sundays & Holidays) Please contact respective person forco-ordination. Successful bidders should ensure that the material clearance is as per the seller’sinstructions. Neat and clean maintenance of the stockyard from where the material is lifted is theresponsibility of the successful bidder. In the event of non-adherence to the above by the successfulbidder, seller will reserve its rights to impose penalties/forfeiture of EMD and other paymentscollected. Weight recorded at the seller’s premises shall prevail.5.4 The loading of the material will be in the presence of and after the approval / authorization ofDFPCL.5.4 The Buyer shall be responsible to ensure that their employees follow safety regulations as perDFPCL stipulations and other statutory regulations. Buyer shall ensure that all his workmen on siteuse safety belts, gloves, helmets, masks etc., as necessary for their safety. The buyer shall beresponsible to secure compliance’s with all Central and State laws as well as the rules, regulations,

ye-law / notifications and orders of the local authorities and statutory bodies as may be in forcefrom time to time. Buyer have to comply with all statutory obligations like Labor License, WorkmanCompensation policy, ESIC, PF etc whichever is applicable.5.5 The successful bidder will make his own arrangement for lifting, loading and transporting thematerial from the factory premises and he will not claim any sort of assistance whatsoever or chargesfrom the company.5.7 In case seller is unable to deliver the goods within the specified time due to unforeseenadministrative reasons, then the seller shall grant suitable extension of delivery period to the Buyerwithout any penalties till the expiry of such extended period. In such eventuality, however, the Buyershall not be entitled to claim any compensation for such delay.5.8 If the goods sold or portion thereof remain un-cleared in the premises of the seller beyond thestipulated period, the sales proceeds of the un-lifted assets shall be forfeited and the un-lifted portionof the assets may be removed at the risk and cost of the buyer.5.9 While taking delivery of the material, it will be at the discretion of the seller or its authorizedrepresentative to direct the manner / order in which the materials or lots shall be removed. Nosegregation of the items of any lot is allowed inside the seller’s premises.5.10 Breaking/ cutting may be allowed to the extent necessary for facilitating loading into vehicles asper the discretion of the seller. No gas cutting equipments or any equipment, which are likely tocause damage, will be allowed in the premises. Only safe oxyacetylene gas cutting equipment will beallowed with permission of seller. The decision of the seller or his authorized representative shall befinal in this regard.5.11It will be successful purchaser’s responsibility to weigh the empty Truck at the certifiedweighbridge of DFPCL and produce the weight certificate so that the weight of the empty truck willbe deducted from the weight of the fully loaded truck.5.12Should the original purchaser wish to take delivery of the surplus material through arepresentative, he must authorize the latter by a letter of authority or continuing authority, which shallbe presented to the seller. The seller may in his entire discretion decline to act on any such authorityand it shall be for the purchaser to satisfy the seller that the authority is genuine. Delivery to suchauthorized person will constitute valid delivery and no claim shall lie against the seller on anyaccount thereafter.5.13Once the goods / materials are taken out of the factory gate, purchaser will be solely responsiblefor all sorts of claims like shortage, missing parts, damage, incident, accident, loss of material etc.5.14 Resale / Sale in transit will not be recognized. The purchaser shall not be entitled to resell anylot or part of a lot while goods are still lying within the premises of the seller and no delivery wouldbe effected by the seller to any person other than the Purchaser whose names are mentioned in thesale order/Delivery order.5.14 Purchaser and his men are subject to the security rule of seller in force while in the seller’spremises. The purchaser/s, their workmen agents or representatives shall not commit any nuisance,theft or indulge in any antisocial activities in the seller’s premises and the purchaser shall be liablefor the good conduct, safety & discipline of his workmen. In case of any such activity, delivery willbe suspended and strict action as per law will be taken including forfeiture of EMD.5.15 While taking delivery of the material, the Purchasers shall be responsible for any damage thatmay be done to premises / fittings of the SELLER in the course of removing the lot or lots purchasedby them. The SELLER may at its option arrange to make good such damages and the purchaser shallpay for the same on demand. If such payment is not made on demand, the SELLER may forfeit theEMD/Security Deposit or may stop delivery of the material till payment is made.

5.17 SELLER will not at any time be responsible for any injuries caused due to accident within itspremises either to the buyer or his representative / labour etc., and the buyer will make properarrangements for any claim arising out of the employment under any status. It is the responsibility ofthe buyer to provide necessary safety appliances (like hand gloves / safety shoes etc.,) to thelabourers, who are engaged for loading the materials.5.18 If any accident or damage to the property / life etc. arises by reason of any act of negligence /omission / default or non-compliance with any of the Terms & Conditions or statutory regulations orrules and regulations applicable within the Seller’s premises, on the part of the Buyer / hisrepresentative or employees, resulting in death or injury to any persons or damages to the property ofthe SELLER or any third party, then in such an event the Buyer will have to pay compensation tosuch person including the employees of the SELLER for such accident or injury / death or damagecaused to their employees or to any of the Seller’s employees or to others or to the Seller’s property.The Buyer shall in such event, keep the SELLER fully indemnified from any demand, claims orproceedings thereof.5.19 In case the whole or any part of the goods sold remained uncleared, after due date as stated inthe delivery schedule, the buyer shall have no claim whatsoever on the goods remaining unclearedand the amount paid to DFPCL will stand forfeited at the expiry of the said period. DFPCL shallhave right to dispose of such goods in any manner they like. The buyer shall have no rightwhatsoever for any compensation on this account.5.20 The buyer shall not be entitled to resell any lot or part of a lot while the goods are lying in thepremises of the DFPCL and no delivery would be effected by the DFPCL to any person other thanthe buyer.5.21Disposal of scrap is to be done against advance DD from nationalized banks only.6.0 Disputes / Arbitration6.1 In case of any dispute arising out of or relating to the terms of the sale order the matter shall bereferred to one arbitrator appointed by Deepak Fertilisers and Petrochemicals corp.Limited. Thearbitrator shall act in accordance with the provisions of Arbitration and Conciliation Act, 1996. Thevenue of arbitration shall be Mumbai.6.2 An authorized official or any other person appointed by the seller shall decide any dispute arisingbetween the successful bidder and seller. The decision of the Arbitrator shall be final and binding onboth the parties.6.3 In the event of any dispute with regard to not taking possession / non-availability of inspectedAuction Property etc. and forfeiture of 'EMD', DFPCL will not be held responsible for the loss /forfeiture.7.0 Termination of Contract -DFPCL reserves the right to terminate the contract at any time on the following ground.− Unsatisfactory execution or performance of the contract by the Buyer.− For improper behavior of the buyer or by his employees / agents / representatives orbreach of the terms and conditions of the contract.− Or for the reason, whatsoever, as may deem fit to DFPCL for termination of the−contract.Non fulfillment of submission of statutory details, excise & sales tax compliancebefore dispatch of materials.8.0 FORCE MAJEUREAny delay in or failure of the performance of either party hereto shall not constitute defaulthereunder or give rise to any claims for damage, if any, to the extent such delays/failure ofperformance is caused by occurrences such as Acts of God or an enemy, expropriation orconfiscation of facilities by Governmental Authority, acts of war, rebellion, sabotage or fires, floods,

explosions, riots, or strikes. The Vendor shall keep records of the circumstances referred to above andbring these to the notice of Deepak fertilisers And Petrochemicals Corp. Ltd in writing within threedays of occurrence of the event. The amount of time, if any, lost on any of these counts shall not becounted for the contract period. Such a determined period of time lost shall be extended by DeepakFertilisers And Petrochemicals Corp. Ltd to enable the Vendor to deliver the items within suchextended period of time.For Deepak Fertilisers and Petrochemicals corp. Limited.Anoop SrivastavaGENERAL MANAGER (MATERIALS)

On Company Letter HeadDECLARATIONDATE: ___________ToDFPCLTalojaDear Sir,1) I/We, the bidder/s do hereby state that, I/We have read the entire terms and conditions of sale , catalog for Saleincluding the disclaimer clauses and understood them fully. I/We, hereby unconditionally agree to conform with and to bebound by the said terms and conditions and agree to take part tender Process2) On confirmation, the I/We, the bidder/s will lift the material as directed by the Seller.3) I/We further declare that I/We intend to purchase the above-referred material from DFPCL. for our own use/businessand that the information revealed by me/us in this acceptance form is true and correct to the best of my/our belief. I/Weunderstand and agree that if any of the statement/information revealed by me/us is found to be incorrect and/or untrue, thebid/s submitted by me/us is liable to be cancelled and in such case the Earnest Money Deposit paid by me/us is liable to beforfeited by the seller and the seller will be at liberty to annul the offer made to me/us at any point of time.4) I/We also agree that after my/our offer/bid placed by me/us for purchase of the material is accepted by DFPCL and I/wefail to accept or act upon the terms & conditions of the offer letter or am /are not able to complete the transaction withinthe time limit specified in the offer letter for any reason whatsoever and/or fail to fulfill any/all the terms & conditions ofthe auction catalog and offer letter, the Earnest Money Deposit and any other monies paid by me/us along with the tenderand thereafter, are liable to be forfeited by the seller and that the seller has also a right to proceed against me/us forspecific performance of the contract, if so desired by DFPCL.4) The decisions taken by representatives of DFPCL. shall be binding on me.DD/PO No. Bank Name Branch Dated EMD AmountSignature of Authorized Signatory with Name and Company Seal.