DISPOSAL OF AMMONIA AND UREA PLANTS, OF FACT, COCHIN DIVISION

 

SPECIAL   TERMS  &  CONDITIONS  FOR   E- AUCTION

 

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 U.K. The reforming Section consists of Hydro fining, Hydro Sulphuriser, top fired Primary Reformer, Secondary Reformer, High & Low Temperature Shift Converters, Gas purification and CO2 removal system, Methanator and Waste Heat Recovery. The later was designed by P & D of Fertiliser Corporation of India in association with M/S Technimont of Italy and employs the Fauser Montecatini process. The synthesis section consists of Ammonia Synthesis, Recovery, liquefaction and storage sections. The offsite facilities attached to the plant are Naphtha Farm, Cracker Units, PSA-N2 Plant, Instrument air system, 30TPH Auxiliary Boiler and Cooling Towers.

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 India in association with M/s Technimont of Italy.  The offsite facilities attached to the plant are Cooling tower and Hydrolyser unit installed for pollution control.

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 Bangalore. The registered interested buyers may also submit the Pre Bid EMD as mentioned above through RTGS to MSTC, Bangalore. THE BANK DETAIL FOR THE SAME IS GIVEN BELOW:

(1) CANARA BANK, CUNNINGHAM ROAD BRANCH, BANGALORE.

(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.  Bangalore after the prescribed time limit or on the e-Auction date, the parties are advised in their own interest to pay the PRE BID EMD well in advance instead of paying the PRE BID EMD at the last hour.

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) SALE CONFIRMATION/ ISSUE OF SALE INTIMATION LETTER:

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, Bangalore within 7 days from the date of closing of e-Auction through DD / P.O favouring FACT Limited, Cochin and payable at Ernakulam / Kochi by the successful bidder. The Pre Bid EMD will be adjusted with the EMD. The entire EMD will be adjusted towards material value. On receiving the EMD, FACT/MSTC shall issue a sale order/acceptance letter.

   

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 INDIA HAVE INTRODUCED COLLECTION OF  INCOME TAX @ 1.0 (TOTAL SALE VALUE=MATERIAL VALUE+ EXCISE DUTY+SALES TAX + ANY OTHER LEVY, IF ANY) UNDER SECTION 206C OF INCOME TAX ACT 1961. THE SAID TAX WILL HAVE TO BE BORNE BY THE BUYER / BIDDEER / PURCAHSER OF THE MATERIAL AND HAVE TO BE SUBMITTED ALONG WITH THE MATERIAL VALUE AT THE TIME OF ISSUANCE OF DELIVERY OREDERS.

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, Kochi, if it fails to settle amicably.

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) Entry Pass to Plant :- CISF / Security Agency will issue Gate Passes to the representatives and workers engaged by the buyer on the recommendation of the Officer-in-Charge for Disposal. The buyer and their workers should not move around freely in the Plant premises other than the Area they are authorized.  Free movement of the buyer and their workers on the strength of the Gate Passes issued for a particular area / place is against the Security Act. Buyers are advised to enforce this requirement strictly.  Non observance of precautions under the public Security Act is punishable which may please be noted.  Any breach in the enforcement of the safe custody and in-proper uses of pass would result in termination of the sale at any stage at the risk and cost of the buyer.

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(Kochi) in Kerala.         

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