The General Terms & Conditions (GTC) and
Buyer Specific Terms & Conditions(BSTC) displayed on the e-Auction Website
of MSTC shall be construed to be an integral part of the offer and the Bidder is
entitled to download the same for their record. However, in case of any
conflict between the Special Terms & Conditions (STC) and GTC and BSTC, the
STC shall prevail.
THE FERTILISERS AND CHEMICALS
TRAVANCORE LIMITED, COCHIN (FACT LTD.), the Owner / Seller, will be hereinafter
referred to as FACT and MSTC Ltd., the Selling Agent of FACT, will be
hereinafter referred to as MSTC. Wherever the word, buyer, purchaser,
successful bidders are indicated, it will be referred to as successful bidder.
1) INTRODUCTION
1.1 The 600 TPD Ammonia Plant of FACT Cochin Division based on Steam
Naphtha Reforming, commenced production in 1973 and stopped operation in
February 2003.The plant consists mainly of two sections - Reforming and Synthesis . The former uses
the ICI steam- naphtha reforming process for preparing synthesis gas and was
designed by FEDO in association with M/s Davy Power Gas Corporation of
1.2 The Urea plant of FACT Cochin Division
designed to produce 1000 TPD of Urea in two streams of 500 TPD each commenced
production in 1973 and stopped in February 2003. The plant is based on the Montecatini Total liquid recycle process
and was designed by the Planning and Development Division of Fertiliser
Corporation of
2.0 SCOPE OF E-AUCTION
Dismantling and lifting of scrapped Ammonia & Urea Plants and
spares of FACT-CD as a whole in ‘as is where is condition’ inclusive of all
equipments and associated items, Buildings, Steel Structure, Piping, Insulation,
Electrical and Instrumentation within the battery limits of the Ammonia &
Urea Plants as indicated in the layout drawing No.TS/M/SK/646 R2 dt.27-11-09
vide annexure-I Plant area to be disposed, lists of items for disposal in
Ammonia and Urea Plant vide annexure – III & IV and lists of unused spares
in store for Ammonia and Urea Plants available for disposal vide annexure –
V and excluding items mentioned in the
list of exclusions in the battery limits of Ammonia and Urea Plants indicating
items that are not for disposal vide annexure-II.
The scope of e-Auction includes demolition of all buildings, steel
structures above ground and removal of all material by the buyer. Moreover if
the buyer desires the debris can be dumped in a location as suggested by the
FACT within an ariel distance of 3 kms and within the premises of the
FACT.
3.0 HAZARDOUS MATERIAL
FACT shall remove all hazardous material from the battery limits
prior to handing over the Plants for dismantling and obtain the necessary clearances,
if any, required from statutory bodies like Pollution Control Board,
Inspectorate of Factories & Boilers etc.
The date of work shall commence only from the date on which such
clearance have been obtained by FACT and intimated to the bidder in writing
4.0
CUSTOMS CLEARANCE
Customs and Central Excise clearance wherever required shall be
obtained by FACT.
5.0
QUALITY & QUANTITY
The goods will be sold in ‘as is where is condition’ insofar the
physical condition of the same is concerned that is to say, bidder(s) will be
deemed to have made themselves aware of the physical condition, size, weight,
working condition etc., by inspecting the material before submitting their bid
in e-Auction and no complaint / claim will be entertained by FACT / MSTC after
submission of the bid. Therefore the principle of CAVEAT EMPTOR (let the buyer
beware) will apply.
6.0
E-AUCTION
A) The Live e-auction will be conducted on
22.09.2010 (starting at 11.30 a.m. and
closing at 3.30 p.m. on the same day). Interested parties (who are already
registered with MSTC for e-auction) must deposit lump-sum Pre Bid EMD of Rs 50,000,00 (Rupees Fifty Lakhs only) for being allowed to bid for the
lot in this e-auction the Pre Bid EMD must be deposited latest within 17.00 hrs
on 21.09.2010 at any of the offices of MSTC Ltd. PRE BID EMD to be submitted
through DD/PO favouring MSTC Ltd, payable at
(1) CANARA BANK,
(2) Branch Code : 0431
(3) MICR No.: 560015014
(4) Bank A/c. No.0431201026715
(5) IFSC : CNRB 0000431
However, they should submit the same two days
before the date of e-Auction. Thus, Pre Bid EMD through RTGS to be remitted on
20.09.2010
and the interested registered buyer will have to collect necessary information
in connection with availing remittance through RTGS from MSTC, Bangalore Br.
well in advance. Any Pre Bid EMD received after the specified time will not be
accepted.
B) Only those registered
parties who have deposited the PRE BID EMD within the stipulated time will be
allowed to enter the live e-auction floor under “VIEW LIVE AUCTION” for
participating and bidding in this e-Auction.
Other parties who are registered with MSTC for e-Auction will be able to
view the details of this e-Auction under “VIEW FORTHCOMING AUCTION” only till
the starting time of e-Auction, but they will have access to the live e-Auction
floor only if they deposit the PRE BID EMD within the due time and not
otherwise. Since no PRE BID EMD will be accepted by MSTC.
C) The full PRE BID EMD
will be forfeited if the highest bidder in whose favour Sale Intimation Letter is
issued by e-mail (on Confirmed or Subject to Approval basis) fails to pay the
EMD (as per clause No.7 mentioned below).
D) PRE BID EMD may be adjusted towards the EMD only on
receipt of the balance EMD within the due date. The Pre Bid EMD of the unsuccessful
parties will be refunded after the expiry of the offer validity or earlier at
the sole discretion of MSTC. No interest is payable by MSTC/ FACT on the PRE
BID EMD/EMD.
E) The successful Highest
Bidder (Confirmed/ Subject to Approval) if fails to pay the EMD/ Security
Deposit within 7 (seven) days from the closing of the e-Auction and as per the
Sale Intimation letter then MSTC/ FACT at its sole discretion may take recourse
to any of the following options for sale of the unsold lot.
i) Put up for re-e-Auction
without Pre Bid EMD or with Pre Bid EMD as may be deemed fit by MSTC/ FACT.
ii) MSTC may take any
other action as may be deemed fit by FACT.
7.0
OTHER TERMS & CONDITIONS
1) VALIDITY OF BIDS: All Bids shall be valid for acceptance by
MSTC for a period of 30 (THIRTY) 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 MSTC, such Bids will be deemed to be automatically extended
to be valid up-to the next working day of MSTC.
2) INSPECTION:
The
inspection of the material shall be
from 13.09.2010 to 21.09.2010. The intending buyers may contact the office of
the Chief Engineer Projects, FACT Cochin Division, Ambalamedu – 682 303, Kochi,
Kerala, Tel: 0484 2723326 / 3226, e-mail: cepcd@factltd.com. The intending
buyers will be allowed to inspect the materials on working days within the said
schedule during the working hours between 8.30 a.m. to 3.30 p.m. The bidders
shall carry the photo identification card issued by MSTC, without which
inspection will not be permitted. In case the bidder sends their authorized
representative for inspection, they will be permitted subject to their
producing the authorization letter and photo identification card (issued by
MSTC).
3) MATERIAL DESCRIPTION CONSIST OF FOLLOWING
DOCUMENTS:
a)
Annexure
– I Layout of drawing No.TS/M/SK/646 R2
dt.27.11.2009 indicating Plant area to be disposed
b)
Annexure–II List of exclusion in the battery limits of
Ammonia & Urea Plant indicating items that are not for disposal
c)
Annexure-III
List of item for disposal in Ammonia Plant
d)
Annexure-IV
List of List of item for disposal in Ammonia Plant
e)
Annexure-V
List of unused spares in stores for Ammonia and Urea Plants available for
disposal
ABOVE DOCUMENTS CAN BE
VIEWED AFTER THE TERMS & CONDITIONS
4) CLARIFICATION:
4.1) If Bidders have any clarification to seek, they may
contact MSTC /FACT before e-Auction commences. The bidders are requested to
quote their rates accordingly to the unit of the sale specified in the auction catalogue. The amount quoted shall be
exclusive of taxes and duties as applicable.
4.2) The Bidder shall be solely responsible for all consequences arising out of the bid submitted by him (including any
wrongful bidding by him) and no complaint / representation will be entertained by MSTC/Principal in this regard. Hence
Bidders must be careful to check (the Bid Amount/No. Of "0"/No. Of Digits/Unit Of Measurement etc.) and rectify their bid
(if required) before submitting their Bid into the live e-Auction floor by clicking the 'Bid" Button. In case of any bid
being equal to or more than 5 (five) times the current Highest Bid for a particular Lot, this will be displayed by way of
a WARNING on the Bidder's screen before he confirms/submits the bid. There is no provision for putting Bids in decimals.
5)
Wherever the Highest
Bid (H-1 Bid) is acceptable on confirmed basis or ‘Subject to Approval’ (STA)
basis, depending upon the Reserve Price fixed by the FACT immediately on
closing of the e-Auction, Sale Intimation Letter will be issued automatically
by e-mail to the respective Highest Bidder informing him whether his Bid has
been accepted on confirmed basis or STA basis. Bidders must, therefore, keep a
watch on their incoming e-mail in this regard.
However,
notwithstanding what has been stated above, MSTC reserves the right to inform
the Highest Bidder whose Bid is accepted on Confirmed or STA basis, by issuing
Sale Intimation Letter by Speed Post / Registered Post / Courier or by e-mail
within the validity period of the Bids / Offers.
6) PERIOD OF
CONTRACT: Up-to the validity period of the Delivery Order/ Release Order
issued by MSTC / FACT.
7) PAYMENT TERMS:
a)
EMD: An EMD of 10% of the bid value has to be paid to MSTC Limited,
b)
PAYMENT FOR THE
LOT: The balance
payment of 90% material value to be made along with taxes / duties on
confirmation of the acceptance of the lot within 30 days from the date of issue
of sale order/Acceptance Letter directly to the Chief Engineer Projects, FACT LTD, Cochin Division, Ambalamedu by
DD/PO drawn in favour of M/s.Fertilisers & Chemicals Travancore Limited,
and payable at Ernakulam/ Cochin. In case of delay, late payment charges @ 1%
of the material value per week will be charged up to 3 weeks only and
thereafter the EMD will stand forfeited without any notice.
c)
CREDIT FACILITY: The buyer may avail credit facility
upto a period of 90(ninety) days with 12%(twelve per cent) interest per annum
against a Letter of Credit from any Nationalized Bank favouring FACT as per prescribed
proforma of FACT for the balance material value including taxes/duties. On
request proforma will be provided by FACT.
d)
PERFORMANCE BOND: In addition to the above, the
successful customer has to submit Performance Bond within 15 days from the date
of sale order/Acceptance Letter, the buyer shall provide FACT with a Bank
Gurantee from a Nationalised Bank in India for a sum calculated at 10% for the
initial 50 lakhs and 5% of the amount in excess of 50 lakhs of the contract
price towards security for due and faithful performance of the contract. The
Gurantee shall be kept valid until all obligations of buyer are fulfilled and
discharge certificate issued by the FACT.
e) All payments due
to FACT other than EMD/Pre-Bid EMD can also be made through RTGS, the details
of which are:
1.
IFC NO. SBTR0000158
2.
FACT cash credit account No.57017844467 with State Bank of
Travancore, Udyogamandal 683 501
f) On complying with the above conditions FACT/MSTC shall issue delivery
order in favour of the successful bidder.
8) DELIVERY TERMS:
a) Lifting Period: Lifting has to
be completed within 365 days from the
date of start of work or 395 days from the date of delivery order
whichever is later. In case of delay, ground rent @ 1% of total lot value per
week will be charged up to 4 (Four) weeks only and thereafter the Performance
Bond will stand invoked without any notice. If the last date of delivery falls
on a public holiday of M/s. Fertilisers And Chemicals Travancore Limited, then,
the next date of delivery will be the immediate next working day of FACT.
Materials sold but not
removed within the specified date will become the property of The Fertilizers
And Chemicals Travancore Limited, and it will have the right to dispose of such
goods in any manner as they may deem fit without any notice.
The successful bidder
shall lift the material of the Ammonia Plant and Urea Plant as indicated in the
Layout drawing and the items as per Annexure-I, III, IV and spares as in lists
as per annexure V from stores located
nearly 500 meters away from the Ammonia Plant. While lifting the materials the
List of exclusion (Annexure – II) is to be considered very carefully and items
mentioned therein should not be lifted. The successful bidder shall lift the
material by employing labour at their cost only from the lot / site / space as
may be earmarked / demarcated by FACT which should be final and binding on them
and they shall observe rules and regulations and working hours as may be fixed
by FACT. IN ADDITION TO THE ITEMS LISTED
IN ANNEXURE-II, THE ITEMS BELOW THE GROUND LEVEL WILL ALSO NOT COME UNDER THE
DISPOSAL PROGRAMME.
The successful bidder
shall follow the procedure for taking the material from FACT’s premises as
prevailing in the respective works of the FACTs within the time allowed in this
behalf, without causing any damage and at their own risk.
b) Safety Requirement:The
dismantling and delivery work shall be carried out during any time between 8.30
AM to 4.00 PM on working days only in the presence of FACT’s officials / FACT’s
security personnel / CISF personnel. The entire work shall be done in a safe
manner with good workmanship. The buyer shall arrange all safety gadgets
required for the work without any extra cost. Proper storage and safe handling
of the materials at site is the responsibility of the buyer. FACT will not be
held responsible by the buyer for any untoward eventualities arising out of
handling/use of the item proposed for disposal. The buyer shall abide by the
safety regulations of FACT. Any damage/loss to FACT shall be made good by the
buyer. In such cases, the Manager(Safety), FACT Ltd. shall be empowered to fix
the amount of compensation to the company and his judgment will be final and
binding. If any damage or loss is caused to the employees or the property of
the FACT or if any claim are made against MSTC / FACT by reason of any acts of
commissions or negligence on the part of the buyers or on the part of their
agents, representatives or employees, MSTC / FACT shall be entitled to recover
such losses or damages or claim as may be ascertained by the FACT (which
ascertainment shall be final & binding on the buyer) from any amount due to
the buyers including the advances made / to be made due by the buyers as the
Earnest Money / Security Deposit (as the case may be) without prejudice to MSTC
/ FACT’s rights to take further action under the contract as well as recover
such losses, damages or claim any other money due / becoming due under any
other transaction with MSTC / FACT or from the buyers directly.
c) Scope of Supplies by the buyer:
The materials will have to be removed on ‘As is where is basis’ at buyer’s own
risk and cost. No processing other than as may be required for convenient
transportation will be permitted at the sole discretion of FACT before removal
from the FACT’s premises. The buyer has to arrange all labours, tools, tackles
and consumable required for the work and vehicles required for transporting the
dismantled materials and debris, other than those specifically mentioned in
8(d) against scope supplies by FACT shall be arranged by the buyer and cost
towards the same shall be borne by the buyer. Only LPG/Acetylene/Oxygen gases
wil be permitted inside the company for carrying out hot works.
Heavy equipment
facilities/hoisting facilities required for the work shall be arranged by the
buyer and cost towards the same shall be borne by the buyer.
The buyer(s) shall
follow the FACT’s procedure in regard to the issue of Gate-Passes for taking
the materials out of the FACT’s work site. The buyers shall use for the above
purpose only trucks / vehicles / cranes in area / place recommended by the FACT
and issued by appropriate authority.
All the motor trucks /
tractors / trailers / Cranes and other material handling equipment of the
buyers shall be duly registered, taxes paid properly maintained in accordance
with the Motor Vehicle Act or Rules or any other acts / rules in force. The
FACT shall allow reasonable number of the buyer’s authorized representatives /
workers/ trucks at the sole discretion of the FACT for entering into the works
site for the purpose of removal and transportation of the materials. The FACT
shall have the right to ban entry of any of buyer’s representatives / workers /
trucks at the sole discretion of the FACT without assigning any reason.
The buyer(s) will have
to fulfill the relevant provisions of all safety & security rules, of the
FACT and shall have to be governed by the rules under Factories Act and any
other statutory Act / Law / Rule prevailing from time to time in respect of
themselves and their representatives, workmen and Equipment. The Buyer(s) shall
provide safety equipment and appliances to their workmen at their own cost.
It shall be entirely
the responsibility of the buyers to ensure that their vehicles are not driven
with so high speed or in so reckless or rash manner as to cause the accident or
prove to be potential threat to the safety of the traffic. Where speed limit
has been fixed, the buyer(s) and their drivers will strictly adhere to slow and
safe driving inside the FACT’s works.
The buyer(s) shall be
fully responsible for the acts of their representatives / workers and shall
fully indemnify MSTC / FACT for loss(s) / damage(s) if any, sustained by MSTC /
FACT. The MSTC / FACT will not be responsible for any claim from labourers
employed by the buyer(s). The buyers shall wholly and fully be responsible for
such claims for compensation either for accident or injury / death or damage,
caused during operation , to their employees transport or to any of the FACT’s
employees or to others or to the FACT’s property.
The buyers or any of
their representatives / workers / agents shall not indulge in any activity
which is directly or indirectly affecting MSTC / FACT’s interest or shall not
commit any acts of (a) misappropriation, pilferage or abetting misappropriation
or pilferage or FACT’s property or any attempt thereof (b) offer or attempt to
offer illegal gratification including offering bribe regard or advantage etc.,
pecuniary or otherwise to any officer or employees of MSTC / FACT.
The buyers or any of
their representatives / workers / agents shall not indulge any malpractice
namely but not limited to forgery, falsification or fabrication of documents
bills, vouchers, indents, etc., in support of any claim against MSTC or FACT
for any reduction of any liability or in connection with the work of MSTC /
FACT or indulge in any other act which amounts to an offence punishable under
the Indian Penal Code or any other enactment.
The buyer shall be
abide by the Central / State / Labour Legislation as may be applicable from
time to time. It shall be the responsibility of the buyers to provide necessary
insurance cover to their workers / labourers as may be required under the law.
Payment of workmen compensation and implementation of labour laws with regard
to workmen employed by buyer are buyer’s responsibility and in case FACT is
compelled to incur any expense or any other amount on behalf of buyer’s
workmen, the FACT is entitled to recover that amount from the buyer in any manner.
Buyer shall keep MSTC / FACT indemnified against all liabilities arising out of
non – complaince of any Law / Statutory requirement.
d) Scope of Supplies by FACT: Electric
Power at a supply voltage of 415v in 3 phase, 50c/s 4 wire system and water will
be provided by FACT-CD free of charge, at one point each at the premises of the
site. All subsequent distribution shall arranged by the buyer.
9) The condition
includes that the successful bidder should possess FACTORY LICENCE for
dismantling of the Plant and such License can be obtained by the bidder only
with the authorization of the FACT’s Competent Authorities approval to that
effect. The delivery period as mentioned in Cl. No.8(a) shall start only from
the date of handing over such authorization by FACT to the successful buyer.
Accordingly, delivery schedule will be fixed by M/s.FACT.
10) The dismantling.
loading and transporting works are to be done in a systematic order in the
Plant and not in a haphazard way.
11) THE FERTILISERS AND
CHEMICALS TRAVANCORE LIMITED/ MSTC reserves the right to accept / reject
and cancel any bid, amend the quantity under any lot or withdraw any lot at any
stage under this e-auction sale after acceptance of bid / issue of Sale Order /
deposit of full value by the buyer, without assigning any reason thereof and
the value of such material if paid for, shall be refundable. FACT / MSTC shall
not be responsible for any damages / loss whatsoever to
purchasers/Bidders/Buyer on account of such withdrawal, at any stage from the
auction sale.
12) Notwithstanding
anything contained in the auction sale notice or advertisement issued as to
description and particulars of material put up for sale, the sale is on “As is
where is Basis” and on NO Complaint Basis only. MSTC/ The Fertilizers And
Chemicals Travancore Limited, do not give any assurance or guarantee that the
materials to be delivered will adhere to notice or advertisement. or list. The purchaser(s)/bidder(s)/buyer(s)
shall have to satisfy themselves on inspection of the lots as to what they
contain and make their offer accordingly. No plea or misunderstanding or
ignorance or conditions put forth subsequent to any confirmation of sale shall
be accepted. The principle of “CAVEAT EMPTOR” (let the buyer beware) will
apply.
13) The goods after
confirmation of sale left at FACT will remain at the sole risk and
responsibility of the purchaser/bidder/buyer. MSTC/FACT will not undertake any
liability whatsoever for the safe custody, protection or preservation after the
sale has been confirmed. Delivery of the lots as put up for sale, are subject
to change by nature's wear and tear. No complaint will be entertained regarding
quality or incorrect description for the materials sold once the bid is
accepted.
14) TAXES AND
DUTIES: Sales Tax/VAT/Excise duty as per the prevailing tariff wherever
applicable at the time of delivery on the sale of materials covered under this
auction shall be borne by the successful bidders/purchaser/buyer.
At the time of
lifting/delivery of the material if there is any change in regard to the rate
of local Sales Tax, Cess, Surcharge / Excise Duty and implications of VAT, then
the same will be brought to the notice of the buyer/bidder/purchaser and will
be charged extra to the buyers/bidder/purchaser account.
In general, all sale
will be treated as local sale and the Bidder / Buyer shall have to pay Sales
Tax as per the Local Sales Tax Act / Rules / Rates of concerned state where the
materials are lying. Against inter state transaction, the buyer shall produce
‘C’ Form for availing concessional rate of CST.
Whatever Statutory
rate of Excise Duty, Sales Tax, and other Levies etc, if any, is / are assessed
and applicable on the date of actual removal / lifting of materials shall be
paid / payable by the Buyers.
The buyers will be
responsible to comply with provisions of Central and State Excise and Sales Tax
Act of concerned state and the rules framed there under and also by the order
of instruction issued on this behalf by the appropriate authority.
In the event of any
dispute with regard to Sales Tax, Excise Duty and Central Excise authorities
levying any additional charges, such duty / charges shall be payable by the
buyers. Any penalty imposed by Sales Tax / Excise authorities for
non-compliance of Sales Tax / Excise procedure by the buyer(s) shall also be
borne by them.
15) GOVERNMENT OF
TAX IS REQUIRED TO BE
COLLECTED IF THE GOODS PURCHASED ARE USED FOR TRADING. IF HOWEVER, THE GOODS
PURCHASED ARE TO BE UTILIZED FOR THE PURPOSE OF MANUFACTURING, PROCESSING OR
PRODUCING ARTICLE OR THINGS THE PROVISION OF
SECTION 206-C WILL
NOT APPLY AND
TAX NEED NOT TO BE COLLECTED. BUT FOR THE BENEFIT OF EXEMPTION FROM
COLLECTION OF TAX THE SUCCESSFUL BUYER/PURHCASER/BIDDER HAS TO OBTAIN A
CERTIFICATE FROM THE CONCERNED ASSESSING OFFICER IN FORM NO.27-C PRESCRIBED
UNDER RULE 37-C OF INCOME TAX RULES.
THE SAME (FORM NO. 27-C) HAS TO BE PRODUCED AT THE TIME OF MAKING
PAYMENT FOR DELIVERY OF THE MATERIALS.
THE DELIVERY ORDER
WILL BE ISSUED TO THE BUYER/BIDDER/PURCHASER ONLY AFTER RECEIPT OF THE ABOVE
TAX WITH SURCHARGE BY D.D. OR AFTER RECEIPT OF THE EXEMPTION CERTIFICATE IN
FORM.27-C ISSUED BY THE CONCERN INCOMETAX ASSESSING OFFICER.
16) FERTILIZERS AND
CHEMICALS TRAVANCORE LIMITED/MSTC will not be in any way responsible for
failure to deliver the materials due to cause beyond their control such as
strike, lockout, cessation of work by labourers, shortened hours, act of GOD or
other causes or other contingencies whatsoever. The buyer/bidder/purchaser
shall not be entitled to cancel the contract and the period of delivery shall automatically
get extended proportionately.
17) CONDUCT
DURING DELIVERY: Buyer/bidder/purchaser shall solely be responsible for
movement and proper behaviuor of their deputies, agents, and laborers within
Fertilisers And Chemicals Travancore Limited, premises. If any damage caused to the company's
property, the buyer is responsible to make good such damage to the satisfaction
of Fertilisers And Chemicals Travancore Limited, and the decision of
Fertilisers And Chemicals Travancore Limited, in this regard shall be final and
binding.
18) ACCIDENTS ETC.
TO BUYERS LABOURER: Fertilisers And Chemicals Travancore Limited /MSTC will
not at any point of time be responsible for any injuries caused due to accident
within the factory premises or at the place of work salvage yard and the
bidder/buyer/purchaser will make proper arrangement for medical attention and
treatment to his labour representative. The bidder/purchaser/buyer will be
solely responsible for any claim arising out of the employment, injuries to
labourers in the course of employment under any statute. It is the
responsibility of the bidder/buyer/purchaser to provide necessary safety
appliances like hand gloves, helmet, boots etc to the labourers who are engaged
for handling of the goods.
19) BLACKLISTING:
If it
is found that the bidder/buyer/purchaser is not following the terms and
conditions of payment/delivery or other conditions of the auction and also
indulging in any malpractices either himself or by his agents, deputies or
observer, such bidder/buyer/purchaser are liable to be blacklisted and
appropriate action will be taken as deemed fit by Fertilisers And Chemicals
Travancore Limited / MSTC.
20) In the event of any
dispute in connection with this sale, the decision of MSTC/ Fertilisers And
Chemicals Travancore Limited, shall be final and binding on the parties to the
auction sale. Further any such dispute, doubts or differences of opinion
arising at the time of Payment or Delivery, bidders/buyer/purchaser shall agree
and abide by the decision of MSTC/ The Fertilisers And Chemicals Travancore
Limited.
21) The
purchaser/bidder/buyer shall bring their own bags and boxes, cases or their
receptacles for the removal of the auctioned items and shall make their own
arrangement for lifting and clearing the materials in the presence of
authorized official of the Fertilisers And Chemicals Travancore Limited
22) No interest will be
paid to the purchaser/bidder/buyer on the amount paid or deposited by him and
on the amount refundable to him if any.
23) Goods in each lot are
sold “as is where is basis” and as such no guarantee is given as regards to
sizes, quality and/or weight. Description of the lot is given by way of
identification thereof only and the use of such description shall be construed
as sale by description. No complaint or dispute will be entertained at any
later stage.
24) No packing, sorting,
cutting or breaking of goods or materials sold will be allowed unless otherwise
specific permission is obtained from the FACT.
25) No delivery of
material will be given on Sunday or other holiday observed by FACT. All
deliveries will commence from 8.30 A.M and close at 4.00 P.M. The
purchaser/bidder/buyer should intimate in advance as to when vehicle will come
for taking out the materials. If the purchaser/bidder/buyer comes without prior
written intimation, the FACT has got the right to return the vehicle without
loading and purchaser / bidder/buyer cannot claim for any loss towards the
same.
26) The material will be
delivered only to the successful bidder/buyer/purchaser or their authorized
representatives against presentation of photo identity card issued by MSTC. If
the successful bidder/ buyer/purchaser desires to authorize a representative or
an agent for delivery, in such case the bidder/purchaser/buyer shall produce
suitable power of attorney or authorization letter for each lot separately duly
attested by a notary public authorizing his representative or agent to lift the
materials from FACT Limited premises.
27) In the event of any
disputes or differences in connection with the contract, the decision of FACT,
shall be final and binding on all parties / will be settled as per the Indian
Law in the Court Jurisdiction of Ernakulam,
28) If any foreign
materials are found mixed in the lot, other than the items included in the
auction catalogue, sale order, the company reserves the right to remove the
same at the time of delivery.
29) The terms and
conditions are supplementary to the remedy available under the law.
30) Employees of FACT
/MSTC are not eligible to participate or to represent on any one’s behalf in
the E-Auction.
31) In mixed lot, picking items at random
is not allowed. Loading should be done as a whole without choosing and picking.
32) Where goods are sold on ‘lot’ basis and
not by number or unit number basis, the entire material lying in the lot will
have to be lifted by the buyer(s) so as to clear entire lot. The quantity if indicated in such cases against
the respective lots are purely indicative and MSTC / FACT shall not entertain
any claim / complaint from the buyer(s) for any deficiency in loss or profit or
interest / damages otherwise.
33) Bidder should lift complete allotted
quantity upto the ground level and no material should be left uncleared.
34) In case any HAZARDOUS material are
found in the course of dismantling the Plant and Machinery, the buyer shall
immediately bring it to the knowledge / notice of FACT officials and the same
will not be delivered to them.
35) Re-selling of material will not be
allowed at FACTs premises.
36) Gas cutting will be permitted inside
the company with the prior approval of FACT authorities after observing safety
precautions. If Cranes are required by the buyer for lifting the materials, the
same has to be arranged by the buyer at their own cost with due permission from
M/s.FACT.
37) The successful bidder shall strictly
follow the rules and regulations of labour / factory Acts and any other
Statutory Acts or requirements as applicable.
38) DISMANTLING WORK: Dismantling
work should be carried out between working hours as advised by the FACT. List
of Tools, tackles and other materials (in duplicate) that would be brought
inside the Plant should be shown to FACT’s Security Department / CISF and make
necessary entries in the Register. While taking out these materials, the
certified list should be shown to the Security Department / CISF.
39) The bidder’s
Drivers should possess valid driving licence at the time of entering the Plant.
40) Delivery of
the material shall be based on Gate Pass-cum-Delivery Note issued by M/s.FACT.
41) On request
FACT will consider to provide an office room in Ammonia and Urea Plant at free
of cost till the completion of the work.
42) It will be
the responsibility of the buyer to clear all the vegetation/ bushes in side the
Plant, if required during the dismantling of Plant and Machinery. However, the
buyer shall not cut / disturb any trees in the Plant, without FACT’s permission.
43) The details
of the material which are excluded from the disposal have been mentioned in the
Annexure – II.
44) The
property offered for disposal includes Ammonia and Urea Plants and Machineries
as per Annexure – I, III & IV, V and no other property of the Corporation
shall be disturbed by the buyer.
45) FACT / MSTC
will not be liable for any claim and buyer shall keep FACT / MSTC fully
indemnified and harmless against any claim and proceedings of any of their own
or against the employees or other.
46) TERMINATION/
BREACH OF CONTRACT: In the event of bidder’s failure to fulfill any of
the contractual obligations including non-lifting the contracted materials
under this agreement, MSTC/FACT’s decision in regard to bidder’s failure being
final and binding on the bidder. MSTC/FACT shall have the full liberty to do
any or all of the following:
Cancel the contract with immediate effect for the materials under
the contract not taken delivery by the bidder as on that date, in which case
the Performance Bank Guarantee will be invoked.
and / or
Retain and / or adjust, recover from bidders any amount lying with
MSTC / FACT to the bidder’s credit either under this contract or any other
which may at any time become payable / refundable to the bidder either under
this contract or any other contract, the amount of losses or damages or claim
that might be incurred by MSTC / FACT in selling the materials under contract
not taken delivery by the bidder at bidder’s risk and costs. Even after such
recovery / adjustment by MSTC / FACT from bidder any amount as mentioned above
lying with MSTC / FACT, if any further amount is still found payable /
refundable by the bidder, the bidder shall pay the same to MSTC on demand
without any objection or demur.
47) MSTC shall have the right to issue
addendum to the e-Auction document to clarify, amend, modify, supplement or
delete any of the conditions, clauses or items stated. Addendum so issued shall
form part of original invitation to e-Auction.
48) The bidder shall have no right to issue
addendum to e-Auction document to clarify, amend, modify, supplement or delete
any of the conditions or items stated therein.
49) Enclosed General Terms and Conditions
are in addition to the Special Terms & Conditions of the relevant E-Auction
and shall form an integral part of the terms and conditions of the E-Auction in
so far, as it has not been altered or modified by the Special Terms and
Conditions. In case of any conflict between any of the provisions of General
Terms and Conditions and Special Terms and Conditions, if any, the provisions
of the Special Terms & Conditions / Special Conditions shall prevail.
50) OTHER CONDITIONS
50.1) The sale is on ‘AS-IS-WHERE-IS AND NO-COMPLAINT BASIS’ and no
claim by the buyer shall be entertained on this account. It will be the responsibility of the bidders
to initially visit at his cost to inspect the Plant and Equipment, Loose
materials, etc kept for disposal at Ammonia and Urea Plant and thoroughly asses
the quantum / quality of the material available and the work involves before
offering the Bid Price. The bidder may
visit the site on any working day prior to the date of closing of the
Inspection.
50.2) The plant and equipments, loose
materials available inside the boundaries of Ammonia and Urea Plant are
included for Disposal except the items shown in the Annexure – II. ANY PIPE LINES ETC., EXTENDING INTO OTHER
PLANT ARE EXCLUDED FROM THE SCOPE OF DISPOSAL. IN CASE OF ANY DISPUTE IN THIS
REGARD, THE DECISION OF THE CHIEF ENGINEER PROJECT(CD), FACT SHALL BE FINAL AND
BINDING ON THE BUYER.
50.3) The Bidder will obtain Electrical “Line
Clear” prior to handling / dismantling and equipment from FACT’s competent
authority.
50.4) The successful Bidder should obtain at
his cost, valid Factory License from the Inspectorate of Factories, without
which, permission will not be granted for dismantling / removing the materials.
This license shall be valid during the entire dismantling period and the same
shall cease after the completion of dismantling / removal of materials within
the time limit stipulated. The successful Bidder shall observe all safety
precautions during the dismantling of the Plant and Machinery and the Buyer
only will be responsible for the safety and security of the workmen employed by
them. The Buyer only will be responsible to the Factories Inspectorate as the
Occupier of the Plant and FACT shall be only the Owner of the Plant. To enable
the Buyer to obtain the Factory License, FACT shall provide copy of its
Competent Authorities approval, authorizing the Bidder to be the Occupier of
the Plant as required under the Factories Act.
50.5) The safety and security of the Plant
and Machinery in the Ammonia and Urea Plant shall be the sole
responsibility of the Buyer, after issue of the sale order by MSTC,
FACT will not be responsible for any loss or damage of the Plant and Machinery
sold to the Buyer. However, the delivery of the materials shall be based on
gate pass cum delivery note issued by Cochin Division of FACT.
50.6) The Plant shall however be under the
overall control of the FACT security agency, i.e. CISF, even after the issue of
Delivery Order to the Bidder. Hence, it will be necessary for the Buyer to
obtain required Gate Passes for each lorry load of the materials taken out by
the Buyer from FACT officials and clearance from the CISF.
50.7)
50.8) The Buyer shall note that the Ammonia
and Urea Plants are chemical Plants. Hence, the Bidder shall arrange to
thoroughly wash all the Plant and Machinery and the surroundings with water
before dismantling. It is the responsibility of the Bidder only, to take all
necessary safety precautions to avoid any fire hazards during dismantling and
cutting and for quenching in the case of any fire occurred during the course of
work. In this connection, the Bidder shall make his own arrangements for
providing adequate water jet at the working spot, using his own pumping
equipments. Further, adequate number of foam extinguishers shall be deployed to
quench oil-fire, wherever necessary, at bidder’s cost. All the safety
precautions at to be taken while dismantling and handling of the equipment.
Safety precautions such as, checking of Explosive Gases, Inert Gases, etc,
ventilating the Equipment before cutting / dismantling at to be scrupulously
followed by the buyer. FACT will not
spare any testing equipments / tools.
50.9) In case of the buildings, which are
excluded from disposal as per Annexure – II, the electrical installations such
as lights, light fittings, ceiling fans, exhaust fans, switchboards, if any
available in these buildings shall not be disturbed and the same are not
included for disposal.
50.10) All fire fighting lines (laid under
ground / above ground), fire hydrants, Drinking Water lines, etc., outside the
Plant Sheds/ Buildings are excluded from disposal. All the pipelines above the
ground inside the various sections of the Plant are included for disposal.
While removing the pipes and valves above the ground inside the Plant sections,
the underground portions of the pipes should be properly dummied.
50.11) The entire materials are offered on
as-is-where-is basis. The dismantling, loading, transportation to Bidder’s
premises, including safety and security, shall be the responsibility of the
Bidder only.
50.12) The Bidder shall give his schedule of
working, area-wise for dismantling the installation at least three days in
advance to FACT and obtain written permission from the FACT, in order to give
suitable instructions to the Security/CISF personnel and make necessary
arrangements. The Bidder is not permitted to work in any unscheduled area,
without written permission from FACT.
50.13) It will be the responsibility of the
Bidder to initially visit the FACT’s site at his cost, inspect and thoroughly
asses the quantum / quality of materials available at FACT’s site and the work
involved, before offering his rates. The Bidder may inspect on any working day,
prior to the date of E-Auction.
50.14) Digging underground in the Plant is not
permitted. However, if any digging is necessary, it shall be done with the
permission of the FACT and the areas so dug shall be filled in back by the
Bidder at his cost.
50.15) The premises of the Ammonia and Urea
Plant should not be used for residential purpose for accommodating the staff /
workmen employed by the Bidder.
50.16) The Plant & Machinery in the entire
Plant are to be disposed as one lot, on “As-is-where-is-basis” and on “No
Complaint basis”.
50.17) FACT will not remove any material from the
Plant subsequent to the issue of E-Auction enquiry. Further. FACT / MSTC will
not entertain any claim from the Bidders, subsequent to their inspection or at
any other stage, for any shortage / missing/ damages of any materials in the
Plant or under or over assessment of the materials in the Fertilizer Plant.
50.18) The drainages in the Plant shall not be
tampered by the buyer. The drainages shall not be blocked and shall be kept in
proper condition for the movement of the storm water or drainage water coming
out of the Plant during the dismantling operations.
50.19) The waste materials such as, debris,
slag wool, insulation materials, etc. generated while dismantling of the
equipment has to be removed from the FACT Premises then and there. Lifting of material will be stopped by FACT
Authorities, if the above waste materials are not removed then and there.
51) Compliance with Labour
Laws and Safety Rules: During the period the workers employed by the buyer
within the plant premises, will be governed by the Labour Laws and rules,
Factory Act and Rules, provisions of EPF Act 1952 and FACT’s Security and
Safety Rules as applicable and it shall be the responsibility of the buyer to
ensure that all statutory provisions and complied with fully. Safety of the
workmen employed by the buyer is under the purview of the buyer. Any guidelines in regard to safety will be
provided by FACT authorities if requested.
52) Before commencement
of work, the buyer should take group Insurance for the workers, under his control,
which will cover not only fatal accident but also injuries, which may or may
not result in partial or permanent disablement. It is the responsibility of the
buyer to transport the accident victim to the hospital and give treatment.
53) All the Safety
precautions are to be taken while Dismantling and Handling of the equipments.
Safety precautions such as checking of Explosive Gases, Inert Gases, etc.,
ventilating the Equipments before cutting / dismantling are to be scrupulously
followed by the buyer. FACT will not provide any testing equipments / Tools.
54) For safe dismantling
of the Equipment proper Dismantling procedure has to be followed. The necessary
Fire fighting equipments such as Fire extinguishers etc are under the scope of
the buyer.
55) The buyer has to make his own
arrangements for accommodation and canteen facilities for his workers, as per
the Rules under section (20) chapter V of the Contract Act 1970 with its
amendments. The Plant premises should not be used for residential / any other
purpose.
56) The leftover Oil, if any, in various Plants and Machineries are not
offered for disposal by FACT. The successful bidders shall drain the leftover
Oil from equipment at his cost into the barrels to be supplied by FACT and hand
over such Oil filled barrels back to FACT. The successful bidder will be
allowed to lift such equipments only after ensuring complete draining of the
Oil from them.
57) FORCE MAJEURE: MSTC / FACT shall not be liable for any
failure or delay in performance due to any reason / cause beyond their control
including fires, floods, go-slow, lock-out, closure, pestilence, dispute with
staff, dislocation of normal working conditions, war, riots, epidemics,
political upheavals, government action, civil commotion, breakdown of machinery,
shortage of labour, acts demands or otherwise or any other cause or conditions
beyond the control of aforesaid cause or not and the existence of such cause or
consequence may operate at the sole discretion of MSTC / FACT to extend the
time of performance after the cause of delay will have ceased to exist. The
provisions aforesaid shall not be limited or abrogated by any other terms of
the contract whether printed or written.
58) ARBITRATION: If any dispute(s)
arises out of or in connection with this contract, or in respect any defined
legal relationship associated therewith or derived there from, the parties
agree to submit the disputes to arbitration under ICADR (International Centre for Alternative Dispute Resolution)
Arbitration Rules 1996. The authority to appoint the Arbitrator shall be
the International Centre for Alternative Dispute Resolution. The number of
Arbitrator shall be one and the language of arbitration proceedings shall be
English. The place of arbitration proceedings shall be Ernakulam(
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