LETTER OF INTEREST DGM – Marketing, Ms. Steel Authority - PDF

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					                                LETTER OF INTEREST
DGM – Marketing,
M/s. Steel Authority of India Limited,
Visvesvaraya Iron & Steel Plant,
BHADRAVATI-577 301.
KARNATAKA.
Dear Sir,
1 I / we M/s. __________________________________________ are interested in
   participating in the online forward auction notified vide your E-Auction Notification
   No.VISL/TENDER/MJ/009/2009-10 dated 10.07.2009 for VARIOUS
   TYPES OF IRON & STEEL SCRAP. (Lot No……………………………………..)
2 We have provided a Permanent EMD of Rs.2,00,000/- (Rs.Two lakhs only) vide
  Demand Draft/ Bankers Cheque / Pay Order No._________________               date
  _____________ drawn on _________________________ (Bank / Branch) in
  favour of M/s Steel Authority of India Ltd., Visvesvaraya Iron & Steel Plant,
  payable at Bhadravati / Bangalore.
                                     OR
  We are hereby submitting a one time EMD of Rs.1,00,000/- vide Demand
  Draft / Banker’s Cheque / Pay Order No.______________ date____________
  drawn on _________________ (Bank / Branch)___________________ in favour
  of M/s Steel Authority of India Ltd., Visvesvaraya Iron & steel plant, payable at
  Bhadravati / Bangalore.
3 We agree to abide by all the instructions contained in the above indicated in
  e-auction notification, VISL General Terms & Conditions, “SAIL-FA1–General
  Terms and Conditions of Sale through Online Forward Auction (OLFA)”
  available on SAIL / Service Provider’s website and your General and Special
  Terms & Conditions of sale of materials.
4    I / we understand that my / our bid in an e-selling event would be construed as
    my / our acceptance to the “SAIL FA1 – General Terms & Conditions of Sale
    through Online Forward Auction (OLFA)” available at SAIL / Service Provider’s
    website and General Rules and Regulations governing conduct of online Forward
    Auctions (Annexure C). I / We understand that if our bid is accepted by
    mjunction, and approved by SAIL, I / We are obliged to complete the transaction.
5   I / We agree that we have been provided            training   by Service Provider in
    order to participate in Online Forward Auctions.
6   I / we instruct and authorize Service Provider to allot User – id and password
    to me / us and activate the same to participate in the above-mentioned online
    forward auction.

                                                                                 p.t.o.
                                         -2–

7 I / we agree that I / we shall change the password on receipt by me / us and
  keep it confidential. I / we agree that Service Provider shall not be held
  responsible in any way for any losses that may be suffered by me / us as a result
  of disclosure of the password to any other person by me.

8 I / we understand that my / our inability to participate in an e-selling event
  due to disruption of my / our internet services, or due to bandwidth problems
  with my / our local internet service providers are beyond the control of
  mjunction.

9 In the event of any failure on our part to comply with all or any of the Terms
  & Conditions regarding the online forward auction, I / We irrevocably agree for the
  forfeiture of our Earnest Money Deposit and Security Deposit (if applicable).

10 We are providing the following details to you in connection with the above
   Online forward auction:

         a)   Name of the contact person on our behalf         :
         b)   Our contact Telephone No.                        :
         c)   Our contact FAX No.                              :
         d)   Our contact E-Mail particular                    :
         e)   Other documents required by the plant if, any,    :


                                                                    Yours faithfully



                                                         Signature of Authorised Person
                                                         (Name of the person signing)
Date :                                                   For


M/s___________________
Place:                                                   (With Company’s Seal)
                           STEEL AUTHORITY OF INDIA LIMITED
            VISVESVARAYA IRON & STEEL PLANT, BHADRAVATHI- 577 301- KARNATAKA
            PHONE: 271620 (10 LINES) EXTN.: 2055 FAX: 08282-271308 E-MAIL: mnvr06@rediffmail.com

No. VISL/TENDER/MJ/009 /2009-10                                                      Date: 10.07.2009

     ON LINE FORWARD AUCTION TENDER NOTIFICATION FOR IRON & STEEL SCRAP
The following categories of scrap are available for disposal on “AS IS WHERE IS AND ON NO COMPLAINT
BASIS” at CP/MS/SRD yards, VISL-Bhadravati, 5 Items ( 940 MTs.) through on line forward auction
process at 11.00 AM onwards on 17-07-2009 subject to applicable Terms and Conditions as detailed
below:-

Sl. Lot         Category of Scrap           Size         Bid        Location/     Lifting   % of Security
                                                                      Yard                  Deposit on bid
No. No.                                    (mm)       Quantity                    Period
                                                                                               value of
                                                      in M.Ts.                   (working      allotted
                                                                                   days)      quantity.
 1   87     Used, rejected & processed    300-500        200        CP yard          15          5%
            CI Ingot Mould Box
 2    -     PI/Steel/CI mixed fines         0-10         400        MS yard          12            5%
 3    -     Condemned & Twisted               -           20      CP/MS/SRD          20            5%
            6mm MS bundling coils                                 & FS / HTS
                                                                  & FP sidings
 4    -     Mill scale                       -           200        CP yard          15            5%
 5    -     Turning & Borings                -           120       SRD yard          12            5%
                                          TOTAL          940

NOTE: (1) Advance payment along with security deposit shall be payable within 7 working days
          from the date of Sale Order. Delivery Order/Dispatch Advice will be issued on receipt
          of full payment.

      (2)   E-forward auction details are available at SAIL – website            www.sailtenders.co.in
            M/s.mjunction services limited website www.mjunction.in

SPECIAL TERMS & CONDITIONS:
1. Submission of Tender Documents: Earnest Money Deposit (EMD) along with required documents duly
signed and stamped (Clause No.1 of general Terms and Conditions) complete in all respects, should reach
Dy.General Manager (Mktg)., Bhadravati / VISL Branch Offices before 5.00 p.m. on 16 .07.2009. Subsequently
e-auction will be conducted by M/s mjunction services ltd., Kolkatta, from 11.00 A.M. onwards on 17.07.2009.
                                                        -2 -
                           STEEL AUTHORITY OF INDIA LIMITED
          VISVESVARAYA IRON & STEEL PLANT, BHADRAVATHI- 577 301- KARNATAKA
2. Bidding: The bidders may obtain necessary support from the service provider M/s mjunction services ltd., for online
   e-forward auction. (Clause No.4 of VISL general Terms & Conditions). The bidding price should be per metric
   tonne Ex-works, Bhadravati, exclusive of statutory levies. Bidders may inspect the material before bidding. Stock
   available against each category of scrap may vary + or – 5%.

3. Earnest Money Deposit (EMD):

    i) EMD of Rs.1,00,000/- is to be paid to participate in the tender.

    ii) Permanent EMD shall be Rs.2,00,000/- for regular participants against tender of secondary products and shall be
    kept minimum six-months period and will not accrue interest. Permanent EMD will not be adjusted against
    supplies. On request permanent EMD shall be returned / refunded after a period of six months. In case of failure to
    fulfill the tender conditions after successful bidding, forfeiture of EMD amount is limited to one time EMD amount of
    Rs.1,00,000/-.

    iii) EMD of un-successful bidders shall be returnable / refundable within 7 days from the date of e-auction. The
    EMD of successful bidders except for those covered under permanent EMD shall be adjusted against the security
    deposit. For successful bidders having permanent EMD, no such adjustment shall be made with Security Deposit.

4. Security Deposit (SD): The successful bidder shall be required to furnish Security Deposit @ 5% of bid value to
   be paid along with 100% sale value (bid value + applicable statutory levies) as per the details indicated in the sale
   order by Demand Draft / Pay Order / Bankers Cheque within stipulated time failing which the sale order will be
   stand cancelled & EMD will be forfeited. No interest shall accrue on Security Deposit. The SAIL will be entitled to
   recover from the Security Deposit all the money due to SAIL concerning the sale & other statutory liabilities of
   customer.

    The refund of Security Deposit is subject to the satisfactory execution of the auction. The Security Deposit will be
    refunded within 15 days of completion of lifting & claimed by the party.

5. Payment: Advance payment of the sale order value (Bid value + statutory levies like ED/cess, CST/VAT/TCS etc.)
   along with Security Deposit shall be payable within Seven working days from the date of Sale Order /
   Acceptance Letter. On receipt of full payment only Delivery Order/ Despatch Advice will be issued.

    Payment is to be made by DD/ Pay Order/Banker’s Cheque drawn on any Nationalised Bank/Scheduled Bank,
    payable in favour of M/s Steel Authority of India Ltd., Visvesvarya Iron & Steel Plant, Bhadravati or at VISL
    Branches. Also payable by e-payments through RTGS No.SBMY0040134, A/c.No.54013507345, Branch Code 4134,
    SBM Main Branch, Bhadravati-577 301.

    On receipt of full payment against allotted quantity, Delivery Order / Dispatch Advice (DA) will be issued for delivery
    of material from the respective location. Picking & choosing shall not be allowed. The material will be delivered on
    “as is where is and on no complaint basis”. VISL weigh bridge weight is final and binding. Billing will be made in
    favour of allottee only.

    Lifting period : The lifting period shall be reckoned from the date of receipt of full payment.

6. No Test Certificate shall be issued.

7. Loading and transportation: The allottee shall make their own arrangement for PLACEMENT of trucks between
   plant working hours from 8.00 a.m. to 3.00 p.m. EXCLUDING SUNDAYS / NATIONAL HOLIDAYS. VISL will arrange
   loading of materials into trucks except (Sl.No.3) Condemned & Twisted 6mm MS bundling coils & (Sl.No.4)
   Mill Scale. Bidders shall make their own arrangements for loading of Sl.No.9 & 10. The buyers are responsible for
   safe loading under prevailing Safety Rules & Workmen Compensation Act. They are responsible for statutory levies
   if any on loading charges.
                                                      -3-

                            STEEL AUTHORITY OF INDIA LIMITED
             VISVESVARAYA IRON & STEEL PLANT, BHADRAVATHI- 577 301- KARNATAKA

 8. Non-compliance of tender Terms & Conditions (Clause-1 of VISL            General Terms &     Conditions) will entail
    forfeiture of Earnest Money Deposit / Security Deposit.

9. If for any reasons beyond the control of the company, all the tendered materials or part of the tendered
   only to refund of the proportionate amount paid by the party as applicable to the undelivered quantity or
   to extend the delivery period suitably at the sole description of the company. The above sale is subject
   to availability at the time of dispatch:

10. For all other Terms & Conditions, please refer VISL General Terms & Conditions.

11. In all cases of disputes arising out of this transaction, the settlements will be through negotiations /
    conciliation / arbitration, failing which the court at Bhadravati alone will have the jurisdiction.


              For any assistance please call:

              (a) M/s. mjunction services ltd.

                     Chennai:   Fax No. 044 - 42051417
                                Mr. Vikram Prasad            : 9282401434
                                Mr. Shivkumar               : 9282216536
                                Mr. S. Raghavendra          : 9282215280 (SALEM)
                     Mumbai: Mr. Victor                     : 022 – 66510662 / 63
                     Kolkatta: Abhijit Dey                  : 9831257485 / 033-66106100
                     Delhi : Mr. Raminder                   : 9313032944
              Auction Room Helpline Nos.: 033 – 22883151 / 22883150 / 22888247

             (b) Visvesvaraya Iron & Steel Plant
                         Bhadravati    : Ph. No.08282-271620 to 629 Extn. 2055
                          Bangalore    : Ph. 080-22222834 / 22222384,
                         Chennai       : Ph.044-25342087,
                         Kolkatta      : Ph.033-22888672,
                         Mumbai        : Ph.022- 22823975,
                          New Delhi    : Ph.011-26101708,
                         Pune          : Ph.020-27475824/4102085


                                                                                      (M.N.Vittal Rao)
                                                                                      Manager – Mktg.
              Distribution

              BM – Ahamedabad / Bangalore / Chennai / Kolkatta / Mumbai / Nagpur /
                  New Delhi / Pune

              AM– Shipment (Main Gate) / Sr.Mgr. (F) SA & CA / Mgr. – Security /                         F.K.I.
              AGM - PPC / AGM – Traffic / AGM – Security / AGM-Shipment /
              ACVO /DGM I/c – F & A /GM - Works

              AGM – MKTG
              DGM – MKTG
              GM – MKTG. – F.K.I.
                                             -4-

                  STEEL AUTHORITY OF INDIA LIMITED
   VISVESVARAYA IRON & STEEL PLANT, BHADRAVATHI- 577 301- KARNATAKA

GENERAL TERMS & CONDITIONS OF THE TENDER:

1. Customers intending to purchase materials shall go through and understand the
following tender terms & conditions laid down in the following documents which are
available in SAIL website and mjunction services website :(i) e-Auction Notification along
with special terms & conditions, (ii) VISL General Terms & Conditions . (iii) Letter of
Interest, (iv) General Rules and Regulations governing conduct of On Line Auction on the
Service Provider Platform, “SAIL FA1” and (v) Definition of Key Terms. As a token of
acceptance to the tender terms & conditions, the customers intending to participate in the
tender shall duly fill up, sign & stamp on each page of Letter of Interest and submit the
same along with Earnest Money Deposit to the Deputy General Manager – Marketing,
SAIL – VISL, Bhadravati – 577301 / at any VISL Branch Offices.
2. Earnest Money Deposit (EMD) in the form of demand draft / Pay Order from a
Nationalised / scheduled bank and drawn in favour of “Steel Authority of India Ltd, A/C –
VISL”, payable at Bhadravati, Karnataka State; if not already paid permanent EMD;
payment of EMD by cash, cheque, CDR or any other instruments except those as mentioned
above shall not be accepted. It shall not be possible to adjust Earnest Money from any sum
of Money due from VISL on A/c of pending bill, Security Deposit or Earnest Money, paid
towards another tender;
3. The bids given by the customer in the On Line Forward Auction Notice, will be deemed
as EX-VISL, Bhadravati, exclusive of applicable duties, cess & taxes, on per tonne basis.
Each lot will be treated as a separate unit for the purpose of bidding / dealing the On Line
forward Auction;
4.     The Service Providers to Steel Authority of India Ltd., VISL viz., M/s.mjunction
services ltd. will provide a user ID and Password to each Individual customer, who submit
EMD and documents stated in paragraph above, to enable them to participate in the
dynamic auctioning process for the lots of their choice, out of the indicated lots. Before
actual participation, the customers may obtain necessary support from the Service
Providers so as to enable them to participate in the Online Forward Auction process,
without any difficulty;
5.    Final Bids given by the customer in the Online Forward Auction process
should be kept valid for 15 working days from the closing date of Online Forward
Auction as given above for acceptance by the Head of Marketing; conditional offer shall
be rejected. Offers for partial lot quantity will also be rejected;
6.     Payment for the allotted quantity shall be made by DD / PO within the period
specified against each lot in “Acceptance Offer / Sale Order” / “On line Forward Auction
Tender Notice”. In case payment is made through a cheque, dispatches are made after
realization of cheque and cheque realization date is considered as date of payment, for
all purposes; payment by cash or any other instruments except those as mentioned
above shall not be accepted. It is advisable to mention the name of the bidder, their
address, phone / fax no. correctly for proper communications. SAIL / VISL shall not
be responsible / liable for non – receipt of offer or any related correspondence in case of
any mistake in the communication address or contact numbers.
7. Furnishing of Earnest Money Deposit (EMD) is a Pre-requisite for participating
in the online e-forward auction. Permanent EMD (Non – Returnable) and one time
EMD (Returnable) are as furnished in the special terms & conditions of the tender
notification.

No interest will be paid for EMD. One time EMD would be refunded after successful
completion of allotted quantity in the lot(s);


                                                                                     p.t.o.
                                 -5–
                    STEEL AUTHORITY OF INDIA LIMITED
   VISVESVARAYA IRON & STEEL PLANT, BHADRAVATHI- 577 301- KARNATAKA

8. The delivery will be made only from place mentioned in “E-Forward Auction
Tender Notification” and this is subject to prior sale and availability of the
material at the time of despatch;

 9. Payment terms, penalty for delayed payments, issue of delivery order, lifting of
materials from the yard, ground rent, forfeiture etc., shall be governed by
“ Special Terms and Conditions” of the Tender Notification.

10. Sales Tax will be charged extra as per the rate prevailing on the date of
dispatch. Customers, desirous to avail concessional CST, should submit the
relevant declaration form at the time of advance payment, else full rate CST will be
charged. In case the declaration form is submitted after the dispatch, the refund
of the differential in the CST amount or regularization of the same will be arranged
only after the same is received from CST Authorities. For sale within Karnataka,
VAT will be charged. Validity of the relevant Sales Tax Declaration Form will be as
per the prevailing rule of Sales Tax Authority.

11. The successful bidders would have to submit the following documents at the
time of deposition of payment.

       (a) Sale Tax Registration certificate in case the bidder wants to avail
           concessional rate of Sales Tax as per rules, VAT registration and / or
           concessional form as applicable is to be submitted.

       (b) Banker’s Name, Address, Branch & Account No. of the bidder, are
           to be submitted.

       (c) Self attested copy of current Income Tax clearance certificate with
           PAN/GIR may be furnished However, self attested copy of last Income
           Tax return filled (with stamp & date of IT department) is to be enclosed.

12. SAIL - VISL reserves the right to call for original documents for verification
and / or additional documents, if considered necessary at a later stage.

13. SAIL – VISL/mjunction reserves the right to cancel any offer in case of non-
submission of any or all the above documents at its sole discretion.

14. SAIL - VISL reserves the right to accept or reject any or all the tenders or to
apportion the materials in any manner deemed fit. VISL decision shall be final
and binding in the matter;

15. Applicability of Sales Tax / VAT / Services Tax / TCS and other concession to
actual users or Traders would be as per prevalent rule. Tax at full rate will be
charged if appropriate form is not submitted.

16. SAIL FA1, i.e. General Terms and Conditions of sale through online
e-forward auction which is available on SAIL website www.sailtenders.co.in, is
applicable to the above tender.


                                                               (M.N. Vittal Rao)
                                                              Manager - Marketing
Statement of Interest Form-Buyer_________________________________________________

   1. The statement of Interest is to be signed by the authorized signatory of the interested organization. (The
      accepted signatory would be the sole proprietor in case of a sole proprietorship, the partner in case of a
      partnership firm, and the director in case of private & public limited companies.)

   2. Following documents are required to be submitted along with the Statement of Interest

       a) Non Refundable bidder registration fees of Rs __________________________ (Rupees in words_______
       _____________________________________________________________________________________ _
       only) in favor of “Mjunction Services Limited”, payable at Kolkata. [For PLATINUM / GOLD membership]

       b) Photo copy of PAN Card

  3. On receipt of duly completed Statement of Interest, Mjunction services limited shall verify & evaluate your interest in
     MetalJunction. After due verification, our representative shall impart training on availing Mjunction services ltd’s
     services. Our head office in Kolkata will complete formalities regarding your account and will inform you about the
     details of your user ID.



                                            ---------------------------------------------




                                    Mjunction Services Limited,
                                         43, Jawaharlal Nehru Road,
                                        Tata Center, Kolkata 700071
                          Tel: +91 33 66106100; Fax: +91 33 22883536//66106187
                                       E-mail: contactus@mjunction.in
                                           URL: www.mjunction.in,
                                       http://auction.metaljunction.com




Page 1 of 5      (form revision date 01/12/2008)                                       Signature of Buyer
Organization Name


Type of Organization   :
Business Activity      :

Registered Address



City                                                                                            :


State                                                   :     PIN Code

EMAIL


Contact Persons Details:
 Name
 Designation
 Mobile No.
 Mobile No.
 P & T No.
 Fax No.
 e-mail address
 e-mail address

SMS Alerts Interested in (Please tick): Ferrous / Non ferrous / Store/ Idle assets/ Chemicals/ Iron Ore
Seller        Y/                                              Material of interest
              N
Bhilai                  Matl              Y/N Matl                             Y/N Matl                       Y/N
Bokaro                  Plate                     Pooled Iron (CI)                   Ammonium Nitrate
Rourkela                GP                        Tundish Scrap (CI)                 Ammonium Sulphate
Durgapur                CR                        IMBP (CI)                          Benzene
ISP IISCO                                                                            Calcium Ammonium
                        Skelp                     Iron Ore                           Nitrate(CAN)
Tata                    Slab                      Manganese Ore                      Crude Coal tar
VISL(Bhad)              Sheet Cutting             Mill Scale                         Ferrous Sulphate
ASP (DGP)               Billet                    Stainless Steel                    Hot Pressed Napthalene
SSP(Salem)              Bloom                     Rolls                              Light Solvent Naphtha
OMDC                    TMT                       Alloy Steel                        Oil/Sludge
NMDC                    Structurals               B F Slag                           Napthalene Flakes
HCL                     Wire Rod                  Assets/ Obsolete Spares            Acid
TCIL                    Pig Iron                   Nut Coke                          Noble gases
ISWP                    Sponge Iron                B.F Coke                          Pitch
JSPL                    Any Other                 Any Other                          Sodium Phenolate
Balmer
Lawrie Ltd.                                                                          Toluene
L&T ECC                                                                              Xylene
NDPL

Page 2 of 5       (form revision date 01/12/2008)                          Signature of Buyer
C.S.T. No
VAT No
Excise Regn Code
Excise Range
Excise Division
ECC Code
PAN No
Bankers Name
Bank A/c Number
Bankers Address




                                     Confirmation of Training

This is to confirm that I have undergone the training conducted by Mjunction Services Limited to
participate in the online auction conducted in their website. I am satisfied and have understood the
processes to conduct bidding on my own.

I have been informed how I can change my password. I have also been informed how I may retrieve
password using “forgot password feature” in case I do not remember the password.

I understand that during the time when auction is on, I need to contact at the numbers of the auction
room for fastest assistance. The latest contact numbers are available on the website. I will make note
of these numbers.

I understand that mjunction services limited will communicate with me by email also. I understand
that I am required to check my email mail box regularly and am responsible for the same.

I will inform mjunction promptly in case of any change in phone / mobile number OR email id.



Date:
Place:


Signature:

Name of the Person:

Name of the Company with Seal:



Page 3 of 5    (form revision date 01/12/2008)                  Signature of Buyer
                                                        Agreement
I /We                 ……………………………………………………………………..
                      ……………………………………………………………………..
Son/daughter of       ……………………………………………………………………..
                      ……………………………………………………………………...
Resident of           ………………………………………………………………………
                      ………………………………………………………………………
Having my/our business at……………………………………………………………………
                       ……….……………………………………………………………..
Agree as below:

1.      I/We confirm that the information furnished by me/us to mjunction services limited are all true and correct to the
best of my/our knowledge and belief and no material facts have been concealed by me/us. I am competent and
authorized to enter into agreements on behalf of my firm.

2.      I/We hereby understand and agree that the responsibility of preserving and maintaining the confidentiality and
secrecy and security of my/our Login ID and transaction password (as also that of “secret question”/ “secret answer”
combination) solely rests upon me/us and I/We shall be solely responsible for any breach/loss in this respect. I/We also
understand and agree that without authorized written instructions from me/us, new password shall not be re-issued by
mjunction services limited.

3.      I/We agree to continually change the password (as also that of “secret question”/ “secret answer” combination)
and keep it confidential. I/We agree that mjunction shall not be held responsible in any way for any loss that may by
suffered by me/us as a result of disclosure of the password to any other person.

4.       I/We agree and undertake to ensure that the safety, security, data integrity service or any other facts/information
of auction is not compromised with anyone else.

5.      I/We understand and agree that mjunction services limited shall not be liable for any inappropriate list send by the
seller.
6.      I/We agree that mjunction shall not be liable/responsible for any interruption in e-selling auction service caused by
any means.

7.      I/We confirm to have read the specific terms and conditions that are displayed on mjunction website regarding the
auction event. I/We agree to strictly abide by any and all the Terms and Conditions displayed on the mjunction website.

8.      I/We understand and agree that my/our security deposit/Bank guarantee is liable to be forfeited on
infringement/breach of any Terms and conditions as prescribed from time to time by mjunction or it’s Client (seller). I /We
agree that mjunction will be well within its right to take any punitive measure against me/us including permanently
debarring/blacklisting from participating in any and all mjunction events.

9.      I/We understand and agree that all voice communications made by me/us with the auction room of mjunction are
recorded and kept for future reference and action, if necessary. I/We further agree and confirm that any and all such
verbal communication and instructions passed by me/us shall constitute a valid communication and shall be treated as
valid contractual obligation cast on me/us to ratify such communication/instruction in writing as and when required by mj

10. In no event mjunction shall be liable to the customer for any loss or damage whatsoever or howsoever caused arising
directly or indirectly in connection with the Services and/or this Agreement, including without limitation any: -

(i)     Loss of data;

(ii)    Interruption or stoppage to the Customer’s access to and/or use of the online market/exchange (website portal);
Arising out of the performance of the Services or otherwise


Page 4 of 5       (form revision date 01/12/2008)                              Signature of Buyer
11. Mjunction expressly excludes liability for consequential loss or damage or loss of profit, business, revenue, goodwill or
anticipated savings, which may arise in respect of the Services

12. I/We understand and agree that
         Mjunction makes no warranty, representation or promise not expressly set forth in this agreement.
         Mjunction disclaims and excludes any and all implied warranties of merchantability, fitness for a particular
purpose and noninfringement, except as expressly set forth herein.
          Mjunction makes no warranty with respect to any software, product, configuration or system tested, analyzed or
reviewed by mjunction and does not warrant that they are without defect or error, except as expressly set forth herein.
         The results, data, performance, and information reported or disclosed by mjunction in connection with the
services or this agreement are not warranted and customer bears all risks of reliance thereon.
          Mjunction does not warrant that any results, data, performance or information can be reproduced, repeated or
verified (i.e., they may vary).
          Except as expressly set forth herein, the methodologies, equipment, software, practices, procedures, and
technology used by mjunction in connection with the services are not warranted; and except as expressly set forth herein
there shall be no claim against mjunction based on any of the foregoing ;or any alleged or actual inadequacy, malfunction,
defect, or incompleteness of or in the foregoing

13. I/We agree to ratify all the acts of mjunction carried out in good faith and will keep mjunction indemnified, defend and
hold mjunction harmless from any and all claims, costs, liabilities, judgments, expenses or damages (including reasonable
attorney’s fees) arising out of any breach or alleged breach of this agreement, performance of the obligations hereunder,
or any representation or misrepresentation made by with regard to the subject of this Agreement.

14. I/We agree and undertake not to resort to any activity (ies) having the impact or causing interference to the system
(hardware, software, Internet related application, servers etc.) I/We understand that mjunction strictly forbids me/us from
indulging in any of the cyber crime activities including, but not limited to (a) unauthorized access(b) e-mail bombing (c)
data diddling(c) Salami attack (d) internet time theft (e) logic bomb (f) virus/worm attack (g) Trojan attack (h) distributed
denial of service attack (i) denial of service attack(j) email spoofing (k) cyber pornography(l) intellectual property crime (m)
cyber stalking.

15. I/We agree to submit ourselves for resolution of any disputes with mjunction in the manner as prescribed herein
below:
Arbitration, Governing Law & Jurisdiction
(a) Arbitration
Dispute or differences arising out or relating to this undertaking/Agreement shall be resolved amicably by the parties.

Failing such amicable resolution of dispute / differences either party may refer the matter to arbitration of a Sole Arbitrator
to be appointed by the Managing Director of mjunction services limited. The Arbitration proceedings shall be governed
and regulated by the provisions of Indian Arbitration and conciliation Act, 1996 and the rules framed there under
alongwitrh amendment made thereto up-to-date. The award of the Arbitrator shall be final, binding and conclusive on the
parties. The venue for arbitration shall be at Kolkata.

(b) Governing Law: This Agreement is construed and shall be governed in accordance with the laws of India without
giving effect to any principle of conflict of law.

    (c) Jurisdiction: The Courts at Calcutta shall have exclusive jurisdiction.

                                                                       Date
Signed & Stamped by Authorized Signatory                               Place
_x______________x___________________________x____________________x________________x________x_

                                          For Internal Use only
    Lead generated by ____________________________________________________________________
   SMS Group Recommendation____________________________________________________________________________


Page 5 of 5        (form revision date 01/12/2008)                                Signature of Buyer

				
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