LAFARGE INDIA PVT. LTD. Sonadih Cement Plant P.O. Raseda, Via Baloda Bazar, Raipur – 493 332 , Chhattisgarh Ph:‐ 07727‐2722 21,30,33,Fax :‐ 07727‐272 227 Online Auction Platform And Support Services Provided By:- MATEX NET PVT. LTD. “Wellesly House”,C/o. International Service Center 2nd Floor, 7, Red Cross Place, Kolkata – 700001 ,Ph: ‐ 033 3291 4000 Email: email@example.com. Matex Net Pvt. Ltd. is an authorized e- commerce service provider for LAFARGE INDIA PVT. LTD. (Seller) to obtain rates online through its portal www.matexnet.com. The sale and purchase are directly made by the Seller and buyer/s (Bidder/s). LAFARGE INDIA PVT. LTD.,Raipur will sell Screw Air Compressor,Bull Dozers,Hydraulic Excavator, Drillers,M&M Jeeps,80 KV/500 MA Transformer Set ,MS Scrap,Tin Tapper Scrap ,Used Gear Oil,Used Grease & Cypletene Grease etc. available at their Arasmeta Cement Plant,Mejia Cement Plant & Sonadih Cement Plant through Online Auction subject to terms and conditions annexed hereto and as per schedule of programme given below. Schedule of Programme Date: From:- 10.09.2010 To 18.09.2010 Time: 10.00 A.M to 04.00 P.M Inspection of Auction Property (Excluding Sundays and Holidays) (Before inspection call for prior Appointment with LAFARGE INDIA PVT. LTD. officials as below) LAFARGE INDIA PVT. LTD. (Refer List of Items for Detail Address/Location of Venue of Inspection Arasmeta Cement Plant ,Mejia Cement Plant & Sonadih Cement Plant) Details as per enclosed Item List for separate location EMD Details (DD favoring “LAFARGE INDIA PVT. LTD.”). Last Date to receive EMD 20.09.2010(Monday) Before 5.00 P.M Date: 21.09.2010 (Tuesday) LOT NO. 01 to 11 : TIME ----- 01.00 P.M. to 02.00 P.M. On-Line Auction Date & Time LOT NO. 12 to 22 : TIME ----- 02.05 P.M. to 03.05 P.M. LOT NO. 23 to 33 : TIME ------03:10 P.M. to 04:10 P.M. Participation Fee – OPTIONAL DD/Cheque OF Rs. 5,515/- in favour of Matex Net Pvt. (Not applicable Ltd, payable at Kolkata/Ranchi for existing members registered with MatexNet) Special Note:- EMD Amount of Arasmeta Cement Plant & Mejia Cement Plant will not be adjusted during the time of Lifting either Partially or Fully. Special Note :- MOEF/CPCB & SPCB Certificate is required for items FO Sludge,Used Gear Oil , Cypletene Grease & Used Grease(For Lot No. 25 ,27,28 & 33). Your quote should be only for Basic Price. Taxes (Excise if any, VAT / CST) and IT – TCS will be extra as applicable. Please visit: www.matexnet.com before bidding. Bidders should submit the Bidder Registration form along with EMD to participate in the Online Auction. For further details contact : LAFARGE INDIA PVT. LTD.. Matex Net Pvt. Ltd.- Kolkata/Ranchi 1. Mr. Mrinal Chakraborty (AGM) 1> Arasmeta Cement Plant, Champa M - 09332541614 Mr. K.K. Pandey/Mr. Prasant Lenka Email ID :- firstname.lastname@example.org Mob -09893672910/09752542064 2. Mr. Hardeep Singh – Ranchi 2> Mejia Cement Plant,Bankura M - 09204198929/09334852474 Mr. Suman Chatterjee/Mr. Ajit Maity Email: email@example.com Mob-09903990183/09748421350 3. Mr. Mukesh Singh 3> Sonadih Cement Plant,Raipur M - 09836944736 Mr. D. C. Dubey/Mr. H.K. Gupta 4. Mr Subhasish Chakraborty,PH-033-32914000 Email ID :- firstname.lastname@example.org M-09993890057 / 09981539106 SAFETY CLAUSE : “Persons who will enter Lafarge India Pvt. Ltd. factory premises for collection & lifting of Scrap Materials/ Machineries etc., should be protected by the Buyers against any accident by use of Personal Protective Equipment and "ESI / Insurance coverage". Lafarge India Pvt. Ltd. will not be held responsible for any accident during lifting of material by Buyers in the factory premises. TERMS & CONDITIONS OF THE ONLINE AUCTION Definitions >SELLER: -Seller referred in this catalog, is LAFARGE INDIA PVT. LTD., Sonadih Cement Plant P.O. Raseda,Via Baloda Bazar, Raipur – 493 332 , Chhattisgarh SERVICE PROVIDER: Matexnet Pvt. Ltd (hereinafter referred to as “Matexnet”) is an e- commerce service provider appointed by the seller to facilitate virtual auction by the seller. Matexnet will only facilitate online auction and are considered as third party not particularly interested in the item/s being sold on behalf of seller. BIDDER – Any person - as an individual OR a proprietor OR a partner OR an authorized representative of any company OR any legal entity and who is paying the requisite EMD and registered at Matexnet and who makes or places a bid for and purchases the auction property either in part or in full is considered as a bidder. One individual can represent as a bidder on his own behalf and on behalf of other companies provided he registers himself in those capacity separately i.e. for each representation he should pay separate Earnest money deposit. Successful Bidder is that Bidder in whose name confirmation of sale is issued by the seller. GENERAL TERMS & CONDITIONS 1.1.-Subject to the reserve price, if any, fixed by the SELLER and subject to the terms and conditions set out herein, sale shall be made to the HIGHEST BIDDER on “AS IS WHERE IS BASIS” and “NO COMPLAINT BASIS. (No pick and choose)” The Seller does not undertake any responsibility to procure any permission/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 same at any time before the auction concludes. Announcements during the auction on the website including announcement of any additional conditions OR correction in the catalogue and/or additions or deletions of items being offered for sale are being done with the consent and knowledge of the seller, and it is binding on the bidder. 1.3.- Participation and bidding in this Auction shall be treated as conclusive evidence of the fact that the bidder has inspected the Auction Property and the documents pertaining to it and is satisfied in all respects regarding quantity, quality, condition of the Auction property, taxes and duties, and other extraneous factors and the Principle of Caveat Emptor (let the buyer beware) will apply. It shall also imply that the bidder has carefully gone through and understood the terms and conditions of Auction including the amendments if any, prevailing at the time of Auction. Seller/Matexnet will not entertain any complaints or objections once Bid is placed. 1.4.-Seller/Matexnet does not give warranty or guarantee of the quality, quantity, measurement, condition, Chemical 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 to demand 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 assigning any reason there of. In the event of such rejection/ cancellation/ withdrawal, SELLER, shall refund the value of Auction Property, if paid for, to the successful bidder. SELLER shall not be responsible for 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 / Matexnet reserves the right to debar such bidder from participating in any future auction conducted by Matexnet on behalf of seller. Disclaimer – 1.-Matexnet runs its business on the basis of a robust Web Site. However Matexnet is outsourcing server space from a third party hosting company and hence shall ensure the smooth running in all good faith and intention. However Matexnet will not be held responsible for any failure of power, Network, server, hosting server, Internet connectivity, ISP or otherwise at Bidder's end or at Matexnet directly or indirectly affecting online method of Bidding. 2.-Matexnet takes no responsibility of the quality, quantity, documentation details of buyers/sellers. Both the buyers & sellers agree to defend,indemnify and hold harmless. Matexnet from any loss, damage, cost and expenses caused by any reason during this transaction. In no event shall Matexnet be liable for any loss for the transactors by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matter regarding this transaction and have understood in full that Matexnet has provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc. Since Matexnet does not possess knowledge base of the commodities under transaction both the parties agree that the matter contained in the materials as a part or as a whole does not violate any applicable law. Matexnet Pvt. Ltd. is only an e-commerce service provider, and is not and cannot be a party to or control in any manner any transactions between the Seller and Bidder. Matexnet Pvt. Ltd. shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Seller and Bidder. 3.- The Seller/Bidder agrees to limit the liability of MatexNet Pvt. Ltd. to them for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, so that the total aggregate liability of MatexNet Pvt. Ltd. to the Seller/Bidder shall not exceed it’s total fee receivable from the Seller/Bidder. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 2.0 PARTICIPATION 2.1-LAFARGE INDIA PVT. LTD reserves Right of participation in online auction. 2.2-Bidders/Seller may note that any payments by DD or cheque or any other means towards EMD/Security Deposit or other purposes received by MatexNet on behalf of Seller/Bidder shall be handled in good faith and intention. However MatexNet shall not be responsible for the loss of the DD/Cheque from its custody due to reasons beyond its control such as fire, theft, burglary, loss in transit, accident, war, riots, civil commotion, any terrorist activity, any natural calamity, adverse weather and climatic conditions etc. 2.3-Bidders must mention PAN No. on Acceptance Form, failing which bid can’t be accepted. 2.4-The prospective bidder has to register with the Matexnet. The prospective bidder shall have to deposit Earnest Money Deposit (EMD As per enclosed Annexture) by Demand Draft drawn in favour of “LAFARGE INDIA PVT. LTD payable at Bilaspur/ Raniganj/Raipur has to be submitted directly to any office of Matexnet (see details of MatexNet’s Offices in www.matexnet.com). CASH WILL NOT BE ACCEPTED. 2.5-On payment of EMD, seller/Matexnet will activate the User – Identity to enter into Website www.matexnet.com 2.6-Bidders SHOULD NOT disclose their PASSWORD to anyone and safeguard its secrecy. Bidders are advised to change the Password. 3.0 CONDITIONS APPLICABLE TO “ONLINE” AUCTION METHOD OF BIDDING 3.1-Validity: The Online auction bidders and Tender bidders must keep their bids valid for a period of 30 calendar days from the date of closing of e-Auction excluding the date of closing. In case the 30th. day falls on a holiday or remains closed for the seller, such Bids will be deemed to be automatically extended to be valid up to the next working day of seller. 3.2-Time Extension: If any market-leading bid (bid higher than the highest at the point in time) is received within the last 3 minutes (“Time Extension” as mentioned in the Bidding Room will be in force & 3 Minutes is an example) of closing time, the time will be extended automatically by 3 minutes. 3.3-Training: Matexnet will provide training (online) if required by the bidders at a mutually convenient date and time before the Auction. 3.4-Bids: All bids placed are legally valid bids and are to be considered as bids from the bidder himself. Once the bid is placed, the Bidders cannot reduce or withdraw the bid for whatever reason. If done so, the seller will forfeit the EMD. The highest and the latest bid on the Auction shall supersede all the previous bids of the bidder. Bidders may please note that in the event of a manual bid amount matching that of an auto bid, the manual bid will prevail and be considered. The bidder with the highest offer/ bid does not get any right to demand acceptance of his Bid. 3.5 Auto Bid a. Auto Bid facility is provided for bidders intending to place a maximum value for a lot/lots. b. Auto bid is not a confirmed bid. It is only the maximum ceiling amount set by the bidder to enable the auction engine to place bids on his behalf, whenever he is outbidded, upto the ceiling set by him. c. Once auto bid is set, the auction engine will consider the ceiling amount for the next possible Bid only, depending on the highest bid prevailing at that point of time and the increment amount prescribed for that particular lot. d. Bidders may please note that in the event of a manual bid amount matching that of auto bid, the manual bid will prevail and be considered. 4.0- Contract Validity-The contract is valid for One Month from the date of Sale Confirmation from Seller end. 5.0 Payment Terms 5.1-All payments shall be made in the form of Demand Draft/Pay order in favour of “LAFARGE INDIA PVT. LTD” payable at - Bilaspur/ Raniganj/Raipur. 5.2-On receipt of sale confirmation, Successful Bidder/s shall deposit 100% value of the material for the respective lot/s inclusive of the applicable taxes and duties, if any, (calculated as per the bid/s placed and approved by the seller) WITHIN SEVEN (7) WORKING DAYS from the date of receipt of confirmation from Matexnet/ LAFARGE INDIA PVT. LTD 5.3-EMD will be adjusted against payment of the 100% sale value including taxes and duties. But EMD Amount of Arasmeta Cement Plant & Mejia Cement Plant will not be adjusted during the time of Lifting either Partially or Fully. 5.4-In case of failure to do so, it will be construed that the buyer is not interested in the purchase and EMD will stand forfeited. 5.5-In such an event of the highest bidder (H1) not remitting the balance payment within stipulated time of 5 working days, the seller/ Matexnet reserves the right to contact the second highest bidder who will have to remit the balance payment within four (4) working days of intimation from the seller/ Matexnet. Here EMD of H1 bidder will be forfeited. 6.0 Taxes, Duties & Levies 6.1-Bids placed/Rates offered are for the basic price only and are exclusive of all applicable taxes and duties like Excise Duty, VAT, IT, TCS etc. Taxes and duties will be in addition to the basic price and will be added at rates applicable at the time of delivery. 6.2-All taxes, duties on sale as levied by Central/State Govt. / Statutory Bodies/Municipal Authorities etc. as applicable shall be borne by and paid by the buyer. 6.3-If the buyer claims any exemption/concession under any State Sales Tax Act or under the Central Sales Tax Act or any other enactment, such buyer shall be required to furnish their registration number and/or declaration in appropriate Forms before lifting of material. 6.4-Exemption, concessions shall be admissible subject to the prescribed forms furnished by the successful bidder/s being acceptable to the appropriate Sales Tax and other concerned authorities as the case may be. 6.5-Sales declaration forms for availing concessional Sales Tax are to be furnished in advance. In the absence of the required declaration forms, sales tax at the full rate will be charged. 6.6-Income tax (TCS) as applicable shall be deducted at source. Party may submit self- declaration forms (27C) or “NIL” tax certificate from IT department for exemption. 7.0 Description of Materials & Quality and Quantity 7.1-Numbers, quantities or tonnage or natures of materials given in the catalogue are approximate and the materials will be sold without any regard or consideration of these numbers/tonnage or nature of materials and no Warranty or guarantee shall be implied. 7.2-The quantity indicated in the list is only an estimate for calculating amount of deposits required to be paid by the bidder and has nothing to do with the quantity of material that may be available. The quantity of material may vary considerably. However, since the paramount interest of the company is to get the area cleared, the successful bidder will have to remove the entire quantity whether these are far beyond the limit of approximation indicated or much less than the approximation indicated within prescribed time. 7.3-The description given in the enclosed list is in brief. Offers by the bidders will be deemed to have been made on the understanding that intending bidder/s have satisfied themselves fully in regards to the nature, condition, quality of goods upon an inspection or otherwise. No error, omission or mis– statement or mis-description whatsoever and howsoever made or published whether in advertisement or list or otherwise and no defects or faults in the goods shall invalidate the contract or be subject matter of any claim on the part of the bidder whether in compensation or otherwise nor will any such claim be entertained by the Seller. 7.4-The Seller shall be under no obligation to put the lots singly or serially or in any other particular manner and the Seller reserves the right at its discretion to withdraw any lot at any time during the auction without assigning any reason thereof. The Seller may refuse to accept any bid from any person/persons without assigning any reason for such refusal. 7.5-If any other metal is found in lot while effecting delivery, the same shall be treated as Seller’s property. The successful bidder shall not lift from the lots any such pieces and shall have no claim to the same or ask for any compensation on account thereof. For more details please read the mode of dispatches carefully. 8.0 DELIVERY 8.1 On receipt of full Sale Value along with applicable duties the Seller will issue Sale Order to the Buyer thereby enabling him to lift the material. 8.2 The material thus purchased by the buyer must be removed within Fifteen (15) working days from the date of receipt of sale order. However no work will be allowed on weekly holidays of the plant. 8.3-Time is the essence of contract. The successful bidders shall lift the material within given time period. No extra time will be permitted to lift the material. 8.4-The lifting/ removal schedule has to be strictly followed. Failure to clear the material as per stipulated schedule because of any reason whatsoever, would entail the seller to levy penalty. 8.5-The seller may at its sole discretion agree to an extended removal period by levying down godown rent @1% of the balance sale value per week for such delayed period for a maximum of two weeks. 8.6-In case whole or part of the goods sold; remain un-cleared even after the stipulated period and the extended period as stated above, the buyer shall have no claim whatsoever on the goods remaining uncleared and the amount paid to the seller will stand forfeited. 8.7-If the goods sold or portion thereof remain un-cleared in the premises of the seller beyond the stipulated period, the sales proceeds of the un-lifted assets shall be forfeited and the un-lifted portion of the assets may be removed at the risk and cost of the buyer. 8.8-All successful bidders of the lots before collecting purchased materials from inside the works should contact the Company’s authorized officer to get themselves fully acquainted with safety rules and regulations. Successful bidders will be allowed to start collecting material only when they have confirmed in writing that they are agreeable to follow the various safety rules and plant regulations. 8.9-Lifting of materials will be allowed only between 09.00 A.M. to 05:00 P.M. on all working days. Successful bidders should ensure that the material clearance is as per the seller’s instructions. Neat and clean maintenance of the stockyard from where the material is lifted is the responsibility of the successful bidder. In the event of non-adherence to the above by the successful bidder, seller will reserve its rights to impose penalties/forfeiture of EMD and other payments collected. 8.10-In order to facilitate the Seller to complete the transaction within working hours, the truck should be placed preferably before 10:00A.M at LAFARGE INDIA PVT. LTD on any working day with prior appointment with the concerned department within the stipulated delivery date. 8.11-In case seller is unable to deliver the goods within the specified time due to unforeseen administrative reasons, then the seller shall grant suitable extension of delivery period to the Buyer without any penalties till the expiry of such extended period. In such eventuality, however, the Buyer shall not be entitled to claim any compensation for such delay. 8.12-While taking delivery of the material, it will be at the discretion of the seller or its authorized representative to direct the manner / order in which the materials or lots shall be removed. No segregation of the items of any lot is allowed inside the seller’s premises. 8.13-Breaking/ cutting may be allowed to the extent necessary for facilitating loading into vehicles as per the discretion of the seller. No gas cutting equipments or any equipment, which are likely to cause damage, will be allowed in the premises. Only safe oxy-acetylene gas cutting equipment will be allowed with permission of seller. The decision of the seller or his authorized representative shall be final in this regard. 8.14-The buyer shall arrange for all tools and tackles, forklifts and hoists or cranes or labour at their own expenses. 8.15-The successful bidder at his owns cost shall arrange loading. Buyer must make his own arrangements for the transportation at his risk and cost. Non-availability of the same will not be considered as a ground for ‘Late-Lifting’ of the materials. 8.16-The material shall be weighed at our Seller’s weighbridge. The weight certificate issued by Seller shall be final and binding. 8.17-For lots sold on weight basis, the bidders will have to weigh the empty truck and loaded truck at Seller’s weighbridge. No complaint regarding shortage in weights and quantity will be considered once he removes the material from Seller’s premises. 8.18-Should the original purchaser wish to take delivery of the surplus material through a representative, he must authorize the latter by a letter of authority or continuing authority, which shall be presented to the seller. The seller may in his entire discretion decline to act on any such authority and it shall be for the purchaser to satisfy the seller that the authority is genuine. Delivery to such authorized person will constitute valid delivery and no claim shall lie against the seller on any account thereafter. 8.19-The Seller reserves the right to unload the vehicles for inspection purpose. If it is suspected at any time that the successful bidder/s has/have loaded the material/materials not belonging to him/them, or if the successful bidder is found to carry excess material than that mentioned in the documents, the Seller will be within its right to detain the truck, unload the goods at the cost & expenses of the successful bidder/s & terminate the contract forthwith and forfeit the sale value & claim such further losses and damages that may be caused to the Seller. 8.20-It shall be responsibility of the successful bidder/s to see that he or his servants or agents collect and load only that quality that is covered by the contract and in the event of his servants or agents finding any other quality or kind of material mixed with the material allotted to him, he should forthwith bring it to the notice of the yard master and lift material only after segregation. 8.21-Once the goods / materials are taken out of the factory gate, purchaser will be solely responsible for all sorts of claims like shortage, missing parts, damage, incident, accident, loss of material etc. 8.22-Resale will not be recognized. The purchaser shall not be entitled to resell any lot or part of a lot while goods are still lying within the premises of the seller and no delivery would be effected by the seller to any person other than the Purchaser whose names are mentioned in the sale order/Delivery order. 8.23The successful bidder/s shall not sublet, transfer or assign this contract or any part thereof (or any benefit or interest therein and thereunder) without the written consent of Seller. Such consent of Seller, if given, shall not relieve the Contractor/Buyer from any liability or obligation under this contract and the Contractor/Buyer shall be responsible for all acts, defaults and neglects of the sub-contractor/sub-buyer, his agents and employees fully as if these are the Contractor/Buyer’s own acts. 8.24-Purchaser and his men are subject to the security rule of seller in force while in the seller’s premises. 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 liable for the good conduct, safety & discipline of his workmen. In case of any such activity, delivery will be suspended and strict action as per law will be taken including forfeiture of EMD and termination of the contract. 8.25-While taking delivery of the material, the Purchasers shall be responsible for any damage that may be done to premises / fittings of the SELLER in the course of removing the lot or lots purchased by them. The SELLER may at its option arrange to make good such damages and the purchaser shall pay for the same on demand. If such payment is not made on demand, the seller may adjust part of the sale value received from the buyer, towards the cost of the damages and not allow lifting of goods of equivalent value till such time the payment is reimbursed. 8.26-SELLER will not at any time be responsible for any injuries caused due to accident within its premises either to the buyer or his representative / labour etc., and the buyer will make proper arrangements for any claim arising out of the employment under any status. It is the responsibility of the buyer to provide necessary safety appliances (like hand gloves / safety shoes etc.,) to the labourers, who are engaged for loading the materials. 8.27-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 or rules and regulations applicable within the Seller’s premises, on the part of the Buyer / his representative or employees, resulting in death or injury to any persons or damages to the property of the SELLER or any third party, then in such an event the Buyer will have to pay compensation to such person including the employees of the SELLER for such accident or injury / death or damage caused 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 or proceedings thereof. 8.28It is expressly made clear that the property in the goods whether sold by units, weights or lots, whether arranged or otherwise, will remain that of the Seller and will pass on to the successful bidder only when material is taken out by the Successful bidder/s from the factory Premises after getting valid dispatch documents. 8.29All trucks, handcarts, carrying such materials outside our premises are subject to inspection by Seller Security Department gate. If required, the buyer will have to unload the vehicle if Security Officer demands for a surprise check. 9.0 Right of Acceptance/Rejection of Offer 9.1-The Seller reserves the right to withdraw wholly or partially any or all the items set for sale at any time during the period without assigning any reasons. 9.2The Seller also reserves the right to accept any bid on the basis of “Subject to approval” by the Seller. In case the bid is accepted on “Subject to approval” basis, the Seller’s final decision will be informed to the successful bidder/s within seven calendar days. 10.0 Termination of Contract The Seller reserves the right to terminate the contract at any time by giving three days notice on the following grounds and forfeit all payment received from the buyer: 1.Unsatisfactory execution or performance of the contract by the successful bidder including non adherence to safety norms by the buyer. 2.For improper behavior of successful bidder/s or breach of the terms & conditions of the contract. 3.In the event of the successful bidder/s or his agent/s or servant/s committing or attempting to commit theft, fraud, dishonesty or gross misbehaviors in connection with the subject matter of this contract or in any other connection whatsoever concerning the business of the Seller. Decision of the Seller to terminate the contract shall be final and binding and no claim for damages and compensation shall be accepted. 11. Arbitration & Jurisdiction of Court In the event of any differences and/or disputes between the parties arising out of or in connection with the provision the contract for sale of various items from LAFARGE INDIA PVT. LTD plant, or interpretation of any terms and conditions of this order, which cannot be settled amicably, the matter shall be referred to one Arbitrator appointed by LAFARGE INDIA PVT. LTD. The Arbitrator so appointed shall act in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The venue of Arbitration shall be at Raipur The Court(s) at raipur shall be the courts of exclusive jurisdiction in relation to matters arising from this Agreement. Acceptance Form to be duly filled and submitted along with visiting card at any of the offices of Matexnet along with EMD. Note- All entries compulsory DECLARATION DATE: To, M/s. Lafarge India Pvt. Ltd. Sonadih Cement Plant,P.O. Raseda,Via Baloda Bazar,Raipur- 493332(Chhattisgarh). Dear Sir, 1.I/We, the bidder/s do hereby state that, I/We have read the entire terms and conditions of the online auction catalog for Sale including the disclaimer clauses and understood them fully. I/We, hereby unconditionally agree to conform with and to be bound by the said terms and conditions and agree to take part in the online Auction for sale of various scraps by M/s. Lafarge India Pvt. Ltd.. 2.I/We further declare that I/We intend to purchase the above-referred material from Lafarge India Pvt. Ltd. for our own use/business and that the information revealed by me/us in this acceptance form is true and correct to the best of my/our belief. I/We understand and agree that if any of the statement/information revealed by me/us is found to be incorrect and/or untrue, the bid/s submitted by me/us is liable to be canceled and in such case the Earnest Money Deposit paid by me/us is liable to be forfeited by the seller and the seller will be at liberty to annul the offer made to me/us at any point of time. 3.I/We also agree that after my/our offer/bid placed by me/us for purchase of the material is accepted by the seller and I/we fail to accept or act upon the terms & conditions of the offer letter or am /are not able to complete the transaction within the time limit specified in the offer letter for any reason whatsoever and/or fail to fulfill any/all the terms & conditions of the auction catalog and offer letter, the Earnest Money Deposit and any other monies paid by me/us along with the tender and thereafter, are liable to be forfeited by the seller and that the seller has also a right to proceed against me/us for specific performance of the contract, if so desired by the seller. 4.The decisions taken by representatives of seller shall be binding on me. 5.I also undertake to abide by the additional conditions if announced during the auction including the announcement of correction in catalogue and/or additions or deletions of items being offered for sale. 6.I note with due care that the Matexnet shall be making the announcements of correction with the consent and knowledge of the seller and MatexNet shall not be liable for these last minute change. USER ID( if exists)______________ Person / concern / firm / company in whose name the material is/are to be purchased ………………………………………………………………………………………………. ……………………………………………………………………………………………… Contact Person(s) _____________________________________________ Designation _____________________________________ (In case of company/firm, give, in addition, names of key Directors/ Partners) Address ______________________________________________________ Sales Tax / VAT Registration No. / TIN No. ___________________________ PAN NO ________________________________________________________ Phone No. __________Mobile No.____________ Fax No.-_____________ E-Mail __________________________________________ Are you familiar with e- Auction/online bidding? YES/NO If NO, attending a Mock e-Auction with prior appointment is mandatory. And in an event the Mock e-Auction is not attended, NO COMPLAINTS will be entertained. LOT No. DD/PO No. Bank Name Branch Dated EMD Amount Signature of Authorized Signatory with Name and Seal. LAFARGE INDIA PVT. LTD.- RAIPUR LIST OF VARIOUS DISPOSAL ITEMS FOR e-AUCTION on Dt:- 21.09.2010(Tuesday) Details of items available for sale at Arasmeta Cement Plant LOT Item Descrption Qty (Apprx.) UOM Tax Structure Detail Address/Location EMD Value (Rs.) NO. VAT-5%,CST@2% with Arasmeta Cement 2,00,000/- Rs. EMD Screw Air Compressor,HP C Form,CST@14% Plant, Gopalnagar, For LOT NO.- 1 to 24 1 450,450 CFM,10.5 2 Nos. NO. Without C Form,Excise Dist- Janjgir-Champa- (DD in favour of KG/CM2,Make-Ingersoll Rand Duty-10.3%,TCS-1% Lafarge India Pvt. Ltd. Extra 495663(Chhattisgarh), Payable at VAT-5%,CST@2% with Contact Persons : Mr. Gopalnagar only for C Form,CST@14% K.K. Pandey -(M- State Bank of India. Bull Dozer No.3,D 50A- 2 15,Capacity-NA,Make-BEML 1 No. NO. Without C Form,Excise 09893672910)/Mr. Br. Code- 06508, for Duty-10.3%,TCS-1% any other Bank Extra Prasant Lenka - (M- payable at Bilaspur.) VAT-5%,CST@2% with 09752542064) Bull Dozer No.7,D 155A - C Form,CST@14% 3 1,Capacity - 10.4 M3,Make- 1 No. NO. Without C Form,Excise BEML Duty-10.3%,TCS-1% Extra VAT-5%,CST@2% with C Form,CST@14% Driller,BVB 25-4 1/2" Dia 150 4 PGIS,Make-Atlas 1 No. NO. Without C Form,Excise Duty-10.3%,TCS-1% Extra VAT-5%,CST@2% with BH 40- Rear Dump C Form,CST@14% Without C Form,Excise 5 Truck,Capacity-36.38 MT,Make- 1 No. NO. Duty-Not BEML Applicable,TCS-1% Extra VAT-5%,CST@2% with Hydraulic Excavator PC 5,3.PC C Form,CST@14% 6 650-3,Capacity-4.2 M3,Make- 1 No. NO. Without C Form,Excise BEML Duty-10.3%,TCS-1% Extra 7 Fork Lift Truck DV 30,Capacity- 1 No. NO. VAT-5%,CST@2% with 3.0 MT,Make-Voltas Ltd. C Form,CST@14% Without C Form,Excise Duty-Not Applicable,TCS-1% Extra VAT-5%,CST@2% with Front End Loader,Front End C Form,CST@14% 8 Model-2021 Capacity-2.29 1 No. NO. Without C Form,Excise M3,Make-HM Duty-10.3%,TCS - 1% Extra Maruti Zen LX A.C- Pool,Reg. No.-CG11ZD0188,Make- VAT-5%,CST@2% with Maruti,Model-Zen,Maufacturing- C Form,CST@14% 1999,RC Book-Available,Road Without C Form,Excise 9 Tax Paid Upto - 1 No. NO. Duty-Not LifeTime,Insurance Paid - Applicable,TCS - 1% 01.01.09,Emission Test Extra Certificate - 26.02.06 Esteem Maruti AXPS AC V.P,Reg. No.- VAT-5%,CST@2% with CG11ZD0164,Make- C Form,CST@14% Maruti,Model- Without C Form,Excise 10 Esteem,Manufacturing-1998,RC 1 No. NO. Duty-Not Book - Available,Road Tax Paid Applicable,TCS-1% Upto-22.09.13,Insurance Paid - Extra 01.01.09 VAT-5%,CST@2% with C Form,CST@14% Mahindra & Mahindra Jeep,Reg Without C Form,Excise 11 No.-CG11ZD0160 1 No. NO. Duty-Not Applicable,TCS-1% Extra Mahindra & Mahindra Jeep,Reg No.-CG11ZD0163,Make - VAT-5%,CST@2% with Mahindra,Model- C Form,CST@14% Marshal,Manufacturing-1996,RC Without C Form,Excise 12 Book - Available,Road Tax Paid 1 No. NO. Duty-Not Upto-11.03.2011,Insurance Paid Applicable,TCS-1% -01.01.09,Emission Test Extra Certificate - 06.07.09 Tata Truck,Reg. No.- VAT-5%,CST@2% with CG11ZB0207,Make - C Form,CST@14% Tata,Model-Truck,Manufacturing- Without C Form,Excise 13 1978,RC Book - 1 No. NO. Duty-Not Duplicate,,Insurance Paid - Applicable,TCS-1% 01.01.09 Extra VAT-5%,CST@2% with C Form,CST@14% LML Vespa Special,Reg. No.- Without C Form,Excise 14 CG11ZE2351 1 No. NO. Duty-Not Applicable,TCS-1% Extra Bajaj Super Scooter,Reg. No.- CG11ZE0585,Make- VAT-5%,CST@2% with Bajaj,Manufacturing-1988,RC C Form,CST@14% Without C Form,Excise 15 Book-Available,Road Tax Paid 1 No. NO. Duty-Not Upto-N/A,Insurance Paid- Applicable,TCS - 1% 01.09.09,Emission Test Extra Certificate - 20.04.04 Rajdoot Motor Cycle,Reg. No.- CG11ZE0586,Make- VAT-5%,CST@2% with Yamaha,Model- C Form,CST@14% Without C Form,Excise 16 Rajdoot,Manufacturing-1990,RC 1 No. NO. Duty-Not Book-Available,Insurance Paid- Applicable,TCS-1% 01.01.11,Emission Test Extra Certificate-20.04.04 Maruti Zen 0533,Reg. No.- VAT-5%,CST@2% with CG11B0533-ORIX,Make- C Form,CST@14% Maruti,Model-Zen,Manufacturing- Without C Form,Excise 17 2000,RC Book - 1 No. NO. Duty-Not Available,Insurance Paid - Applicable,TCS - 1% 01.01.09 Extra VAT-5%,CST@2% with Swaraj Mazda Ambulance,Reg. C Form,CST@14% No.-CG11H0103,Manufacturing- Without C Form,Excise 18 Aug-96,RC Book-Available,Road 1 No. NO. Duty-Not Tax Paid Upto-Feb-09 Applicable,TCS-1% Extra VAT-5%,CST@2% with C Form,CST@14% Without C Form,Excise 19 Walkie Talkie GP 338 8 Nos. LOT Duty-Not Applicable,TCS-1% Extra VAT-5%,CST@2% with C Form,CST@14% Without C Form,Excise 20 Walkie Talkie GP 300 6 Nos. LOT Duty-Not Applicable,TCS-1% Extra VAT-5%,CST@2% with C Form,CST@14% 21 Drive Panel & Motor,Osepa CM-1 1 No. NO. Without C Form,Excise Duty-10.3%,TCS-1% Extra VAT-5%,CST@2% with C Form,CST@14% 22 80 KV/500 MA Transformer Set 1 No. NO. Without C Form,Excise Duty-10.3%,TCS-1% Extra VAT-As Applicable,CST@2% with C Form,CST@14% 23 Filter Bags 900 Nos. No. Without C Form,Excise Duty-10.3%,TCS-1% Extra VAT-As Applicable,CST@2% Mixed Electrical with C Form,CST@14% 24 Scrap(Choke,Fan,Cards etc.) 5 MT MT Without C Form,Excise Duty-10.3%,TCS-1% Extra 20,000/- Rs. EMD For LOT NO.- 25 Only (DD FO Sludge(Under Ground/Over VAT-As in favour of Lafarge Tank),Remarks(Overhead/Under Applicable,CST@2% India Pvt. Ltd. with C Form,CST@14% Payable at 25 Ground Tank,Lifting through 30 MT MT Without C Form,Excise Gopalnagar only for Tanker),(MOEF/CPCB & Duty-14.3%,TCS-1% State Bank of India. SPCB Certificate Required) Extra Br. Code- 06508, for any other Bank payable at Bilaspur.) Details of Items available for sale at Mejia Cement Plant LOT Item Descrption Qty (Apprx.) UOM Tax Structure Detail Address/Location EMD Value (Rs.) NO. VAT-4%,CST@2% with 20,000/- Rs. EMD For C Form,CST@14% LOT NO. - 26 Only 26 MS Scrap 20 MT MT without C Form,Excise (DD in favour of Duty:-10.3% ,TCS:-1% Lafarge India Pvt. Ltd. Extra payable at Raniganj) Mejia Cement VAT-As Plant,Village-Amdanga Applicable,CST@2% Post:-MTPS(DVC)- Used Oil with Barrels 6000 with C 722183,Dist.- 27 (MOEF/CPCB & SPCB LTR.(30 LTR. Form,CST@12.5% Bankura(W.B.),Contact Cerficate Required) Barrels) Without C Form,Excise Persons:-Mr. Ajit Maity- 40,000/- Rs. EMD For Duty-14.3%,TCS-1% (Mob-09748421350)/Mr. LOT NO. - 27 & 28 (DD Extra Suman Chatterjee-(Mob- in favour of Lafarge VAT-14%,CST@2% 09903990183) India Pvt. Ltd. Cypletene Grease with Barrels 1300 with C payable at Raniganj) Form,CST@14% 28 (MOEF/CPCB & SPCB KG(07 KG without C Form,Excise Certificate Required) Barrels) Duty:-10.3%,TCS:- 1% Extra Details of items available for sale at Sonadih Cement Plant Qty LOT Detail Item Descrption (Apprx.)( +) UOM Tax Structure EMD Value (Rs.) NO. Address/Location (- )25% VAT-4%,CST@2% with C Form,CST@14% 29 M.S. Steel Scrap 100 MT MT without C Form,Excise Duty:-10.3% TCS:- 1% Extra VAT-5%,CST@2% with C Form,CST@14% 50,000/- Rs. EMD For 30 Tin Tapper Scrap 30 MT MT without C Form,Excise (LOT NO.- 29 to Duty:- 10.3%,TCS:- 1% 32)(DD in favour of Extra Lafarge India Pvt. Ltd. VAT-5%,CST@2% with Sonadih Cement Payable at Rasedi C Form,CST@14% Plant, P.O. Raseda, only for State Bank of 31 Conveyor Belt Scrap 10 MT MT without C Form,Excise Via – Baloda Bazar, India, Br. Code-9264) Duty:-10.3% TCS:- 1% Dist. – Raipur, Pin – for any other Bank Extra 493332 payable at Raipur VAT-5%,CST@2% with (Chhattisgarh), C Form,CST@14% Contact Persons : Mr. Rubber Tyre (Old&Used)18 X without C Form,Excise D.C. Dubey(Mob- 32 25 30 Nos. No. Duty:-Not 09993890057)/Mr. Applicable,TCS:- 1% H.K. Gupta (Mob- Extra 09981539106) 10,000/- Rs. EMD For (LOT NO.- 33 VAT-14%,CST@2% Only)(DD in favour of Used Grease(With Lafarge India Pvt. Ltd. with C Form,CST@14% Drums),Remarks:-Contain in Payable at Rasedi 33 MS Drums(MOEF/CPCB & 10 MT MT without C Form,Excise only for State Bank of Duty:-10.3%,TCS:- 1% SPCB Certificate Required) Extra India, Br. Code-9264) for any other Bank payable at Raipur All items to be sold in “as is where is basis” Total EMD Value for All the Lots(1 to 33)-Rs. 3,40,000 /- Digitally signed by R Ramesh R Kumar DN: CN = R Ramesh Kumar, C = IN, L = Bangalore, S = Karnataka, O = Tata Consultancy Services - Ramesh Certifying Authority, OU = TCS-CA - Registration Authority Reason: I am the author of this Kumar document Date: 2010.09.10 17:38:31 +05'30'
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