TERMS & CONDITIONS OF e-AUCTION SCHEME FOR SALE OF RAW LIGNITE

THE E-AUCTION SALE IS GOVERNED BY THE GENERAL TERMS & CONDITIONS (GTC), BUYER SPECIFIC TERMS & CONDITIONS (BSTC) AND SPECIAL TERMS & CONDITIONS (STC) OF THE E-AUCTION. IN CASE OF ANY CONFLICT OR DIFFERENCES AMONG ANY PROVISIONS OF GTC, BSTC & STC, THE PROVISIONS OF STC WILL SUPERCEDE OTHERS IN THE PARTICULAR E-AUCTION.

CLICK FOR GTC       CLICK FOR BSTC

THE TERMS & CONDITIONS INCLUDING THE LIST OF MATERIALS APPEARING ON THE DATE OF E-AUCTION IS FINAL AND BINDING ON THE PARTICIPANT BIDDERS. THE SAME MAY PLEASE BE DOWNLOADED FOR ANY FURTHER REFERENCE.

NEYVELI LIGNITE CORPORATION LIMITED, Project Head, Barsingsar, Lignite Mine-cum-Thermal Power Project, Barsingsar, Bikaner District, RAJASTHAN -334 402 (NLC), the Owner / Seller, will be hereinafter referred to as PRINCIPAL/NLC and MSTC Ltd., the Selling Agent of the PRINCIPAL, will be hereinafter referred to as MSTC. Wherever the word, buyer, purchaser, successful bidders are indicated, it will be referred to as successful bidder.

The General Terms & Conditions (GTC) displayed on the e-Auction Website of MSTC shall be construed to be an integral part of the offer and the Bidder may like to download the same for their record. However, in case of any conflict between the STC and GTC, the STC shall prevail.

(1) Eligibility: Any Indian  actual Bulk/Small user/Buyer (viz. individual, partnership firm, companies etc.) can participate in e-Auction for procurement of Raw Lignite on "as is where is and no complaint basis". A buyer shall be an actual user or an authorised supplier to the manufacturer, i.e. the prospective bidders shall furnish document any proof for this, without which they may not be permitted to participate in the e-Auction. This is as per NLC's policy which shall be treated as final and binding on all buyers. M/s. MSTC/NLC reserves the right to alter/withdraw this Clause at any stage in this e-Auction sale, without assigning any reason thereof.

(2) Registration:
2.1 Before participation in the e-Auction, a prospective Buyer shall be required to get itself / himself registered with MSTC Limited appointed by NLC for conducting e-Auctions. Registration is to be done online by visiting the Website of MSTC Limited viz., www.mstcecommerce.com. Thereafter, bidders will be required to submit documents such as copy of Income Tax return (latest), PAN Number, Sales Tax / Vat Registration Certificate, SSI Registration, Trade License, if applicable, Passport size photograph, registration fees etc. or at any of the front offices of MSTC Limited.

2.2 During registration, all-prospective Buyers will generate their own "Unique User ID" & a "password" with which they can log in.

2.3 MSTC Limited shall issue "Photo Identity Card" to their registered bidders duly authenticating the identity & signature, indicating a "Unique Registration Number" allotted to them.

2.4 Only one registration will be done against one PAN. However, based on more than one independent valid sales tax registration, more than one registration against a PAN can be considered. In such cases, the details of valid Sales Tax Registration will be indicated in each Photo Identity Card.

2.5 EMD PAYMENT: All Buyers having been registered with MSTC Limited shall also have to furnish non-interest bearing Earnest Money Deposit (EMD), by way of DD, favouring MSTC Limited, payable at BANGALORE at the rate of Rs.100/- per tonne, for their required quantity (Minimum 500 MT & multiple of 100 MT thereafter). The EMD to be submitted before e-auction. This EMD shall be available with MSTC Limited for participation in the e-Auction of Raw Lignite from NLC's Barsingsar Unit, Rajasthan only, as long as the required amount of EMD is available in the bidders account with MSTC Limited. EMD may also be paid by RTGS to MSTC's account, the detail of which is given below:

BANK: UNITED BANK OF INDIA, BRANCH CODE: BGL806, IFS code: UTBI0BGL806, CA A/C. NO.: 0499210006782, MICR NO.: 560027002.

(3) Notification
3.1 NLC Barsingsar Unit, Rajasthan would draw program for conducting the e-Auctions for big buyers and notify the same, minimum 7(seven) days in advance, through display on the NLC's website for wide publicity. The program will be intimated to MSTC Limited accordingly for hoisting the same on its websites also.
 

3.2 The e-Auction will be for dispatches by road mode only. The minimum quantity for bidding would be 500 MTs.
 

3.3 Bidders/Customers will be permitted to inspect the material as per the schedule, during the working Hours between 9.00 AM to 4.00 PM. Stock Material will not be available for the entire quantity at the time of pre-bid inspection in the Stock Yard. However, running stock will be around 25000 Tons. For inspection of the Raw Lignite, interested customers may contact Project Head, Barsingsar Project, NLC, Barsingsar-334402 or the Dy.General Manager/Mining, Barsingsar Mines, NLC Limited, Barsingsar or his authorised officers.
 

3.4 THE BIDDERS / CUSTOMERS SHALL CARRY THE PHOTO IDENTIFICATION CARD ISSUED BY MSTC, WITHOUT WHICH INSPECTION WILL NOT BE PERMITTED. IN CASE THE BIDDERS / CUSTOMERS SEND THEIR AUTHORISED REPRESENTATIVE FOR INSPECTION, THEY WILL BE PERMITTED SUBJECT TO THEIR PRODUCING THE AUTHORISATION LETTER AND PHOTO IDENTIFICATION CARD (ISSUED BY MSTC).
 

(4) Bidding Process
4.1 The registered Bidders shall be required to record their acceptance after login, of the Terms & Conditions of the e-Auction before participation in the actual Bidding Process.
 

4.2 Before participating in e-Auction, bidders are to satisfy themselves with the quality of Raw Lignite being offered for sale.
The approximate Average Calorific Value of the Raw Lignite offered for sale will be around 2200 K.Cals/Kg and Ash percentage may vary depending upon the moisture content.
M/s. MSTC/ NLC Ltd, do not give any assurance or guarantee that the materials will adhere to specification. The purchaser/ bidder/buyer shall have to satisfy themselves on inspection of the material as to the extent of quality, composition, etc. and make his/her offer accordingly.
 

4.3 Prospective Bidders are entitled to Bid for the quantity to the extent of amount of EMD available with M/s.MSTC Limited in the bidder's account at the time of bidding.
 

4.4 The Buyers while bidding shall quote their "Bid Price" per tonne in Indian Rupee as base Raw Lignite price on FOR NLC Barsingsar Thermal Stock Yard basis, exclusive of other charges like taxes, Clean Energy cess, royalty, SED/Cenvat, & any other charges as will be applicable at the time of delivery. At the time of lifting/delivery of the material, if there is any change in regard to Royalty, rate of local Sales Tax, Surcharge/Excise Duty, Clean Energy Cess and implications of VAT or any other statutory levy, the same will be charged extra to the buyers/bidders/purchasers account. For Inter-State sale, 'C' form will be accepted at the applicable Sales Tax rates.
 

4.5 The bidder has to bid for a price equal to or above the reserve price to secure consideration in the concerned e-Auction.
 

4.6 The date, time and period of e-Auction as notified in advance including closing time on portal of M/s. MSTC Limited shall be adhered to but for the event of force majeure. However, the closing time of e-Auction will be automatically extended up to last Bid time, plus 5 minutes, so that opportunity is given to other Bidders for making an improved Bid.
 

4.7 The bidder shall offer their Bid Price (Per Tonne) in the increment of Rs.10/= (Rupees ten) and in multiples of Rs.10/= (Ten only) during the normal e-Auction period and also during the extended period. The minimum quantity increment should be 100 MTs or multiples of 100 ONLY.
 

4.8 While maintaining the secrecy of Bidder's identity, the web site shall register and display on screen the lowest successful Bid price at that point of time. The system will not allow a Bidder to Bid in excess of his entitled quantity as per his EMD. However once a Bidder is out-bided by another (in part or full) the particular Bidder shall become eligible for making an improved Bid.
 

4.9 Following criteria would be adopted in deciding the successful bidders:-
(a) Precedence will be accorded to the highest bid price in the descending order (H1, H2, H3 and so on) as long as the offered quantity is available for allocation.
(b) If two or more buyers bid the same highest price, precedence for allotment will be accorded to the buyer who has placed the bid for the higher quantity.
(c) In case, two or more buyers bid the same price and the same quantity, precedence will be given to the buyer who has accorded his bid first with reference to time.
 

(5) Post e-Auction process
5.1 Each successful bidder will be intimated through e-mail by MSTC Limited on the same date after the closure of e-Auction. However, it will be the responsibility of the bidder to personally see and download the result displayed on website, on the same date after close of e-Auction.
 

5.2 The successful bidders after the e-Auction, will be required to deposit Raw Lignite value with NLC strictly as per Clause 6 of the terms of payment.
5.3 Equivalent amount of EMD of successful bidder corresponding to successful bid quantity, shall be blocked and will be transferred to NLC by MSTC Limited along-with the bid sheet in respect of successful bidders.
 
 
(6) Terms of payment
6.1 The Bid Value for the successful bid quantity to be deposited in advance by the successful bidders for the allotted quantity is given below:
 

6.1A The successful bidders who are allotted a Raw Lignite Quantity of 4999 MTs and below in a single e-Auction shall have to deposit 100% Sale Value along with statutory levies in advance within 7 (SEVEN) NLC working days from the date of close of e-Auction.
 

6.1B The successful bidders who are allotted a Raw Lignite Quantity of 5000 MTs and above in a single e-Auction shall have the option of
(i) depositing the entire Sale value with the applicable statutory levies for the total allotted quantity in advance, within 7 (SEVEN) NLC working days, from the date of close of e-Auction
(or)
(ii) depositing 30% of the sale value of Raw Lignite allotted quantity along with the proportionate Statutory levies to NLC within 7 (SEVEN) NLC working days from the date of close of e-Auction;
 

Depositing 35% of the sale value of Raw Lignite allotted quantity along with the proportionate Statutory levies to NLC within 30th day from the date of close of e-Auction and Depositing the last instalment of 35% of the sale value of Raw Lignite allotted quantity along with the proportionate statutory levies (less the EMD amount already deposited for the total allotted quantity) to NLC within 50th day from the date of close of e-Auction.
 

On receipt of the each instalment payment, separate sale/delivery orders will be released for that proportionate quantity only. In case of delay in depositing the instalments indicated above, no sale/delivery order would be issued for the subsequent despatches and delivery of the Raw Lignite will be stopped at the cost and risk of the buyer. Delivery will be commenced on receipt of the above payments only. The delivery period extension will not be granted on account of any delay in depositing the instalment payments as above.
 

6.2 EMD amount shall not be treated as an adjustment towards the Raw Lignite value, but would stand converted into a 'Security Deposit' for performance of the bidders towards completion of the said transaction.
 

6.3 The above security deposit (as converted from the EMD amount) would be refunded to the successful bidder, only after completion of lifting of Raw Lignite, after deducting for any loss or damages caused to NLC's properties, while lifting the Raw Lignite. However, in the event of default in performance by the bidder, the provision of forfeiture of the 'Security Deposit' as stipulated, would be applicable.
 

6.4 The Raw Lignite value as in Clause 6.1 above shall be deposited by way of demand draft /pay order, drawn in favour of M/s. Neyveli Lignite Corporation Limited, payable at Barsingsar, Rajasthan along with the debit advice issued by the bank, certifying that the DD/pay order has been issued, by debiting the account of the concerned Buyer. Delivery orders shall be issued for the respective quantity only for which the payment is received in Advance. The buyers shall also have the option of making e-Payment through NEFT/RTGS.
 

The bank details are:
Bank: State Bank of India (SBI), Branch Code: 0958; IFSC Code-SBIN0000958; A/c No.30294454896
 

(7) Procedure of Raw Lignite Delivery
7.1 NLC shall issue Sale/Delivery orders to the successful bidders in terms of clause 6.0 after realization of payment. The Buyer has to submit the option before the issue of the Sale / Delivery Order for movement of the Raw Lignite "within State" or "outside State" and the Sale / Delivery Order would indicate the same accordingly. However, the challan issued by NLC shall indicate the destination.
 

7.1 A. Among the successful bidders/buyers, preference for Raw Lignite Delivery will be given to the cement and allied industries who consume fly ash in from NLCs Barsingsar Thermal project.
 

7.2. A)The validity period to complete lifting of Raw Lignite by road shall be 75 days from the date of issue of the Sale/Delivery Order. In case of instalment payment, 75 days from the date of issue of the 1st Sale/Delivery Order. Any extension of validity will be at the sole discretion of NLC, based on merits. Raw Lignite sold, but not removed within the above specified period will become the property of NLC and it has the right to sell the unlifted quantity in any manner as NLC may deem fit without any notice.
 

7.2. B) In case of Sale/Delivery Orders issued against the instalment payments, the balance unlifted quantity in each Sale/Delivery Order automatically gets added with the next Sale Order quantity, but the total delivery period remains unaltered at 75 days from the date of issue of the 1st Sale/Delivery Order, as the case may be.
 

7.3 It is the responsibility of the Purchaser/Buyer/Bidder to take delivery of the Raw Lignite from the storing area, strictly adhering to the safety pre-cautions and these provisions of Environment Protection Act. The loading of the Raw Lignite and transportation to the bidder's premises shall be the responsibility of the buyer only and they shall not give any room for complaint of pollution, whatsoever.
 

7.4 The Raw Lignite after confirmation of sale left at Neyveli Lignite Corporation Limited, will remain at the sole risk and responsibility of the purchaser/bidder/buyer. MSTC/ Neyveli Lignite Corporation Limited 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, subject to change by nature's wear and tear. No complaint will be entertained regarding quality or mis-description for the materials sold once the bid is accepted.
 

(8) Refund of EMD for Unsuccessful bidders: - In case of unsuccessful bidders, EMD shall be refunded by MSTC Limited after the e-Auction is over, on the bidder's request. However, if no such request is received MSTC Limited will retain the EMD for participation in e-Auction in future.
 

(9) Forfeiture of EMD: - The EMD submitted by the successful Bidders will be liable for forfeiture in the following cases : -
 

9.1 If after completion of e-Auction, the successful bidder fails to make payment for the Raw Lignite value including all other charges within the stipulated time, the proportionate EMD equivalent to the failed quantity shall be forfeited subject to the provisions at Clause 6.0 and/or,
 

9.2 If the successful bidders does not lift the booked quantity within the stipulated validity period, the proportionate Security Deposit @ Rs.100/- per Tonne (as converted from the EMD amount) for the unlifted quantity would be forfeited. Such forfeiture shall be made only, if the balance Unlifted Quantity is equal to or more than a Truck Load, i.e.9.0 tonnes as applicable. Such forfeiture, however, would not take place, if NLC has failed to offer full or part of the successful bid quantity within the validity period. In such cases again, no forfeiture would take place, if the balance quantity is less than a truck load, i.e. 9.0 Tonnes.
 

9.3 If the Buyer cancels the order after booking, the EMD @ Rs.100/- per tonne for the booked quantity shall be forfeited for the order cancelled.
 

10 Refund of Raw Lignite value: The balance Raw Lignite value of the unlifted quantity after the expiry of the validity period for supply of Raw Lignite and completion of required commercial formalities shall be refunded subject to forfeiture of EMD if required, in terms of the forfeiture clause as above.
 

11 ROYALTY, TAXES, DUTIES AND CLEAN ENERGY CESS :-
11.1 Royalty/Sales Tax/Cenvat duty/Clean Energy Cess as per the prevailing tariff wherever applicable at the time of delivery on the sale of materials covered under this e-Auction shall be borne by the successful bidders/purchaser/ buyer. Present Royalty is 6% of the basic price, Clean Energy Cess is Rs.50/= per M.T. and Sales Tax is VAT @ 5%. ED under Tariff No.2702 is presently 2.06%.
 

11.2 At the time of lifting/delivery of the material, if there is any change in regard to royalty, the rate of local Sales Tax, Cess, Surcharge / Excise Duty, Clean Energy Cess and implications of VAT or any other statutory levy, 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.
 

11.3 The Bidders Should Give Their Bids Exclusive Of Royalty, All Statutory Charges, Duties, Taxes, Clean Energy Cess and any Other Levies. Such Royalty, Statutory Charges, Duties, Taxes, Clean Energy Cess and any Other Levies As Applicable Will Have To Be Paid Over And Above The Quoted Rate.
 

11.4 For Interstate Sale, 'C' Forms Will Be Accepted At The Applicable Sales Tax Rates, presently at 2% against 'C' Form and 5% without 'C' Form.
 

11.5 "Government of India vide its Notification Nos.01/2010 to 06/2010, Dated 22-06-2010 introduced collection of Clean Energy Cess for the sale of Coal/Lignite at the rate of Rs.50 per M.T. with effect from 01-07-2010. All the successful buyers are required to remit this Clean Energy Cess along with the applicable VAT".
 

(12) General Terms & Conditions:
12.1 The Raw Lignite procured under e-Auction is for use within the country and not for Export.
 

12.2 All terms and conditions of Scheme are subject to force majeure conditions as applicable.
 

12.3 Bidders must always ensure to keep their email address valid. In any case Buyers cannot be absolved from fulfilling the responsibility of compliance of any of the terms and conditions herein including payment terms due to non-receipt of emails from MSTC Limited.
 

12.4 Bidders must be extremely careful to avoid any error in bidding (whether typographical or otherwise) and they are fully responsible to check and rectify their bid before submitting their Bid into the live-Auction floor by clicking the "Bid" button.
 

12.5 There is no provision for bidding in decimals. The Bidder shall be solely responsible for all consequences arising out of the bid submitted by them (including any wrongful bidding by them) and no complaint/representation will be entertained by MSTC Limited/ NLC in this regard.
 

12.6 The decision of the Competent Authority of NLC in matters related to this e-Auction shall be final and binding on the bidders / Buyers.
 

12.7 Quantity mentioned in notice is only indicative and may undergo a change depending on factors like actual production of Raw Lignite, bottlenecks in Raw Lignite transportation etc.
 

12.8 Notwithstanding anything contained in the auction sale notice or advertisement issued as to description and particulars of material put up for sale, the sale of the Raw Lignite is on as is where is basis only. MSTC/ NLC Ltd do not give any assurance or guarantee that the materials to be delivered will adhere to notice or advertisement or list or specification. The purchaser/ bidder/buyer shall have to satisfy himself on inspection of the Lot as to what they contain and make his/her offer accordingly. No plea of misunderstanding or ignorance of conditions put forth subsequent to any confirmation of sale shall be accepted. The principle of "CAVEAT EMPTOR" (let the buyer be aware) will apply.
 

12.9 There will not be any joint/ third party sampling facility extended to any buyer. Refusal on account of non-suitability and /or sub-standard quality for the allotted quantity of Raw Lignite shall not be acceptable.
 

12.10 NLC / MSTC Limited reserves the right to cancel the sale of Raw Lignite under this e-Auction from any source / location in part or whole at any stage at its sole discretion without assigning any reason thereof and no party shall have any right whatsoever to raise any claim in that regard on that count.
 

12.11 NLC/MSTC reserves their rights to amend/modify and revise the terms and conditions contained herein in full or in part at any point of time and no party shall have any right, whatsoever to raise any claim in that regard on that count.
 

12.12 Sale under each e-Auction shall be an individual, independent, unique and complete transaction.
 

12.13 NLC LTD/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. In case of such force majeure conditions, the period of delivery shall automatically get extended proportionately. The buyer/bidder/purchaser shall not be entitled to cancel the contract.
 

12.14 CONDUCT DURING DELIVERY: - Buyer/bidder/purchaser shall solely be responsible for movement and proper behavior of their deputies, agents, and laborers within NLC Limited's premises. If any damage caused to NLC's property, the buyer is responsible to make good such damage to the satisfaction of NLC Ltd, and the decision of NLC Limited, in this regard shall be final and binding. Reselling of Raw Lignite will not be allowed in NLC premises.
 

12.15 STATUTORY AND SAFETY CONDITIONS: - Before commencement of delivery operations, the buyer shall take group insurance for the workers under his control, which will not only cover fatal accidents, but also injuries, which may or may not result in partial or permanent disablement.
 

12.16 COMPLIANCE WITH LABOUR LAW AND SAFETY RULES : - During the delivery period, the workers employed by the buyer within the Barsingsar Project premises will be governed by the Labour Laws and Rules, Factory Act, Provision of EPF Act 1951 and NLC's Security and Safety Rules as applicable.
 

12.17 ACCIDENTS ETC. TO BUYERS LABOURER: - NLC Ltd/MSTC will not at any point of time be responsible for any injuries caused to the workers engaged by the buyer due to accident within the Barsingsar Project premises or at the place of work and the bidder/buyer/purchaser will make transport facility to the accident victims to the hospital and give proper arrangement for medical attention and treatment to his labourers and their 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.
 

12.18 During delivery, if any of the labourers are found not wearing the proper safety appliances; they will not be permitted to carry out the delivery works and will be sent out of Barsingsar Project premises. NLC reserves its right to stop the delivery work, if it is carried out in an unsafe manner.
 

12.19 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 under supervision of authorized official of the NLC Ltd. NLC will not provide any assistance whatsoever.
 

12.20 The entry pass for the men and material has to be obtained from the Project Head/Barsingsar/NLC or his authorised officer.
 

12.21 The buyer shall observe all statutory and safety measures. The suggestions given by the Safety Officer/Barsingsar/NLC shall be scrupulously followed. All the labour engaged by the buyer must wear safety kits like helmet, shoes, safety belts, gloves, etc. without which the entry is prohibited. The buyer has to make his own arrangements for accommodation and canteen facilities for his workers.
 

12.22 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 deem fit by NLC/MSTC.
 

12.23 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.
 

12.24 Raw Lignite in the lot is sold on as is where is basis and as such no guarantee is given as regards to sizes, quality and/or weight. Description of any lot is given by way of identification thereof only and the use of such description shall be construed as sale by description. Stock material will not be available for the entire quantity at the time of pre-bid inspection in the stock yard. Approximately 5,000 Tons will be preserved in the specified area in the Stock yard for inspection and sale. However, preference will be given for consumption in the NLCs Thermal Plant/BP. Balance lignite alone will be identified for lifting.
 

12.25 Removal, loading and transportation of Raw Lignite will be allowed with the specific permission obtained from NLC's officers authorised by Project Head/Barsingsar/NLC. The safety precautions and procedures shall be followed.
 

12.26 No Delivery of material will be given on Sundays and other holidays observed by NLC. All deliveries will commence from 9.00 A.M. and close at 4.00 P.M. NLC may change the delivery time of material depend upon the site conditions. The purchaser/ bidder/buyer should intimate in writing in advance as to when vehicle will come for taking out the materials. The lorries authorised by the officer-in-charge of Lignite Sales/ Barsingsar Project alone will be permitted inside the storing area for loading of the materials. For the entry of vehicles in the storing place, which is covered in the project area, the statutory obligations like valid driving licence, road tax details, brake check up clearance, etc. shall be submitted to the officer authorized by the Project Head/Barsingsar/NLC and their permission is to be obtained. If the purchaser/bidder/buyer comes without prior written intimation and permission as above, the NLC Ltd has got the right to return the vehicle without loading and purchaser / bidder/buyer cannot claim for any loss towards the same. The loaded lorries shall be permitted to move out of the storing area, after issue of the Delivery Challan-cum-Gate Pass/Invoice duly signed by the officer authorized by Project Head/Barsingsar/NLC as well as the CISF/Security personnel. After loading lignite, if the gross weight is found more than the permitted weight, the vehicle will be sent back for unloading the excess quantity to Stock Yard. If it is less, the vehicle can go for reloading the balance quantity. The spillage lignite from the Truck near the weigh bridge shall be cleared by the bidder then and there.
 

12.27 The material will be delivered only to the successful bidder/buyer/purchaser or their authorized representatives against presentation of photo pass 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 duly attested by a notary public authorizing his representative or agent to lift the materials from NLC Ltd premises. Click Here to View/Download the format of Letter of Authority.  
 

12.28 Employees of NLC Ltd /MSTC are not eligible to participate or to represent on any ones behalf in the e-Auction.
 

12.29 Picking the material at random is not allowed. Lifting should be done as a whole without choosing and picking. Only the specified area identified by the NLC official will be allowed for lifting. In any case working of the Stacker-Cum-Reclaimer should not be disturbed.
 

12.30 The entire area for this delivery work is under the control of CISF/Security personnel. The buyers and their authorised persons movement are restricted strictly within the delivery area only. If they are found roaming in other areas of Barsingsar Project/NLC, severe action will be taken not only against them, but, also on the successful bidders/buyers for trespassing.
 

12.31 NLC / MSTC will not be liable for any claim and buyer shall keep NLC / MSTC fully indemnified and harmless against any claim and proceedings of any of their own or against the employees or other.
 

12.32 TERMINATION/ BREACH OF CONTRACT: - In the event of bidders failure to fulfill any of the contractual obligations including non-lifting the contracted materials under this agreement, MSTC/NLC's decision in regard to bidders failure being final and binding on the bidder. MSTC/NLC 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 Pre-Bid EMD/Security Deposit and EMD along with the balance payment (if paid, any), will stand forfeited.
 

AND/OR
 

Retain and / or adjust, recover from bidders any amount lying with MSTC / Owner to the bidders 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/ Owner in selling the materials under contract not taken delivery by the bidder at bidders risk and costs. Even after such recovery / adjustment by MSTC / Owner from bidder any amount as mentioned above lying with MSTC / Owner, 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.
 

12.33 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.
 

12.34 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.
 

12.35 Arbitration: In the event of any dispute and/or difference arising between the Bidder/purchaser/Buyer and/or their Agent as to the construction, interpretation and/or execution of the contract and/or the respective rights and liabilities of the parties, such disputes and/or differences shall be referred to the Arbitration. The procedure to be followed for such Arbitration is available in the Annexure. Click here to view the Annexure.