1.0 MSTC Ltd, VADODARA acting as Selling Agents of the Owner / Stockholder of the materials (hereinafter referred to as Principal and described in detail on the Cover Page of the Tender Catalogue), invites offers for purchase of materials described in the Schedule of Item(s) on "AS IS WHERE IS" and "NO COMPLAINT" basis.

2.1 Normally the materials offered for sale may be inspected during working hours / days of the Principal / Stockholder with their prior permission from 7 (seven) days prior to the date of tender closing and till one hour before the time / date of Tender closing. However, if any inspection schedule is specified on the Cover Page of the Tender Catalogue, then the same shall be applicable.

3.1 The cost of the Tender Catalogue is stipulated on its Cover Page.Intending tenderers may purchase the Tender Catalogue from MSTC and the Cover Page, Declaration Sheet, Schedule of Items, Schedule of Rates, Special Terms & Conditions of Sale and General Terms & Conditions of Sale) from MSTC's Corporate Website www.mstcindia.com and submit their tender in such prescribed Tender Form downloaded from the Website alongwith PO / DD favouring MSTC Ltd towards the cost of the Tender Catalogue, failing which their Tender is liable for rejection.

3.2 Tender documents are not transferable. The list of materials put up for sale by Tender and their locations are specified in the SCHEDULE OF ITEMS attached herewith. The offers / rates are to be quoted by the tenderer only in the SCHEDULE OF RATES attached herewith (which is the prescribed OFFER FORM) and as per the UNIT OF MEASUREMENT (UOM) stipulated in the SCHEDULE OF ITEMS for the purpose of sale and delivery.In case of there being any confusion / error in the quotation with regard to the UOM, the same will be considered as may be deemed fit by MSTC subject to the quotation being covered by requisite / prescribed EMD.

3.3 Tenderers are required to submit Tenders in accordance with the mode of submission of Tenders specified in Clause 2.0 of General Terms and Conditions of Tender (GTC) alongwith prescribed EMD and all prescribed documents / enclosures.

3.4 Quotations must be submitted for each individual Lot separately and excluding all applicable Duties and Taxes. (Note: Rates of Excise Duty and / or Sales Tax indicated in the Tender Catalogue are only indicative and the same shall be payable by the successful Tenderer as per the statutory rates prevailing on the date of actual lifting / removal of the materials. Hence Tenderers should not stipulate any rate of Duty/ Sales Tax in their Tender/ Offer).

3.5 The tenderers must write their name and address or affix the Rubber Stamp of their Firm/Co. at the back of all the POs / DDs submitted towards EMD. Tenderers must mention their Bank Account Number, Name & Branch of their Bank in the enclosed Declaration Sheet for enabling MSTC to refund their EMD/SD as and when required, failing which no refund of EMD/SD will be made by MSTC.

3.6 Tenderers must mention their INCOME TAX PAN NO. in the enclosed Declaration Sheet, which is mandatory to be put by the Principal on the TDS /TCS Certificate wherever Income Tax is payable by the Buyer on sale of scrap as per prevailing statutory provisions.

3.7 Tenders complete in all respect should be submitted / dropped in the Tender Box kept for this purpose in the office of MSTC, Vadodara within the closing time and date specified on the Cover Page of the Tender Catalogue. The Tender will be opened soon thereafter in the presence of such tenderers who may like to be present. Tenders submitted in any other form are liable to be rejected.

4.1 FOR DEPOTS / UNITS UNDER MINISTRY OF DEFENCE (EXCLUDING ORDNANCE FACTORIES):

EMD is required to be submitted @ 20% (Twenty Percent) on the full sale value quoted for each lot excluding applicable Duties and Taxes.THE EMD MUST COVER ALL THE LOTS QUOTED FOR, FAILING WHICH THE TENDER WILL BE SUMMARILY REJECTED. The full EMD will be adjusted towards the material value after receipt of balance sale value alongwith applicable Duties and Taxes from the Buyer as per Tender Terms.In case the Buyer fails to make the payment of the balance 80% of the Sale Value alongwith all applicable Duties and Taxes as per Tender Terms, the entire 20% EMD will be forfeited. All other provisions will be as per Clause 3.0 of GTC of Tender, excluding Clause No.3.2 of GTC of Tender.

4.2 FOR ORDNANCE FACTORIES & PRINCIPALS OTHER THAN DEPOTS / UNITS UNDER MINISTRY OF DEFENCE:

EMD is required to be submitted @ rate stipulated on the COVER PAGE of the Tender Catalogue and the same will be calculated on the full sale value quoted for each lot excluding applicable Duties & Taxes.The EMD must cover all the lots quoted for, failing which the Tender is liable for rejection.The EMD will be converted into Security Deposit (SD) as per Clause No.3.5 of GTC of Tender.All other provisions will be as per Clause 3.0 of GTC of Tender, including Clause No.3.2 of GTC of Tender.

4.3 The EMD in all cases shall be payable by way of Pay Order / Demand Draft of any scheduled bank in favour of "MSTC LTD" payable at Vadodara.

4.4 In case of Rate Contracts / Annual Rate Contracts, the Principal at its sole discretion may convert the full or part EMD into Security Deposit to be retained with MSTC till the completion of all contractual obligations by the Buyer to the satisfaction of the Principal.

5.1 The offer of the Tenderer(s) shall remain valid for acceptance by MSTC for a period of 90 (ninety) days from the date of opening of Tender (or opening of Upward Revised Bid if invited by MSTC at MSTC's sole discretion).If the last date of offer validity falls on a holiday or be declared as a holiday due to any unforeseen reason, then the Tender Offer shall be automatically deemed to be valid for acceptance by MSTC till the next working day of MSTC. In case of MSTC issuing a letter to any Tenderer seeking extension of validity period of his offer, if no written reply/denial is received by MSTC from the Tenderer within the time limit stipulated in MSTC's letter, it will be automatically deemed that the Tenderer has agreed to the extension of validity of his offer as sought by MSTC.

6.0 PAYMENT TERMS FOR PRINCIPALS OTHER THAN MINISTRY OF DEFENCE (INCLUDING ORDNANCE FACTORIES WITHOUT QUOTA SYSTEM) :

6.1 The Contract shall be treated as having been concluded as soon as a Sale Order / Acceptance Letter is issued by MSTC to the successful Tenderer (hereinafter referred to as the Buyer).In case of materials sold on "Lot basis" no instalment payment will be allowed and the full 100% sale value of each Lot alongwith all applicable Duties and Taxes should be paid by the Buyer in one single installment within 15 (fifteen) days from the date of issue of Sale Order / Acceptance Letter by MSTC (including the date of issue) to the successful Tenderer.In this case materials will be delivered without weighment on as is where is basis.

6.2 In case of materials sold on "Unit Weight" or "Unit Number" basis, the full sale value of each Lot of material alongwith all applicable Duties and Taxes must be paid by the Buyer in equal installments as per table given below subject to the full value / first instalment (alongwith applicable Duties and Taxes and Sales Tax Declaration Form, if applicable), as the case may be, being paid within 15 (fifteen) days from the date of issue of Sale Order / Acceptance Letter by MSTC (including the date of issue) and subject to each instalment being paid at intervals of 15 (fifteen ) days :

Net Sale Value for each Lot

( excluding Duties& Taxes )

No. of Instalments

Upto & including Rs.15 lakhs

Over Rs.15 lakhs & upto Rs.30 lakhs

Over Rs.30 lakhs & upto Rs.45 lakhs

Over Rs.45 lakhs and above

1 ( one)

2 ( two )

3 ( three )

4 ( four )

Note: However, the above instalment facility will be superseded by the mode of payment /

instalment stipulated in the Schedule of Items against any particular Lot, if any.

6.3 The Buyer must deposit all sale value and applicable Duties and Taxes (and Sales Tax Declaration Form, if applicable) to MSTC within the prescribed time schedule by PO/DD of any Scheduled Bank drawn in favour of the Principal or as may be specified in the Sale Order / Acceptance Letter to enable MSTC to issue the Delivery Order and for enabling the Principal to release the materials to the Buyer.POs / DDs of Scheduled Co-operative Banks will be accepted by MSTC / Principal subject to realization.

7.0 PAYMENT TERMS FOR DEPOTS / UNITS UNDER MINISTRY OF DEFENCE (EXCLUDING ORDNANCE FACTORIES)

(a) The contract shall be treated as having been concluded as soon as a Sale Order / Acceptance Letter is issued by MSTC to the successful Tenderer (hereinafter referred to as the Buyer). Payment for balance 80% of the Sale Value of each lot of material must be submitted by the Buyer within 10 (ten) days from the date of issue of Sale Order / Acceptance Letter (including the date of issue of Sale Order/ Acceptance Letter) by MSTC to the Buyer, as specified in the Sale Order/Acceptance letter.

( c )The Buyer should also submit the applicable Duties and Sales Tax and applicable Sales Tax Declaration form if any to MSTC as mentioned below.

(d)The Buyer shall be fully responsible for any delay in issuance of Delivery Order by

(e) MSTC may advise the Buyer to make the payment of the 80% Sale Value by PO/ DD of any scheduled Bank in favour of the concerned Depot / Unit of the Principal alongwith payment of applicable Duties and Taxes by PO / DD as may be stipulated in the Sale Order / Acceptance Letter issued by MSTC and the Buyer shall have to comply with the same. In this case the payment of the balance 80% sale value alongwith applicable Duties and Taxes (and Sales Tax Form if any) must be submitted to MSTC, Vadodara within 10 (ten) days from the date of issue of Sale Order / Acceptance Letter by MSTC

(f) The 20% EMD submitted by the successful Tenderer will be adjusted towards the material value at the time of issue of Delivery Order by MSTC to the successful tenderer only after receipt of 80% balance sale value alongwith all applicable Duties and Taxes (and Sales Tax Declaration Form, if applicable).

(a) The applicable Duties / Sales Tax amount for each lot will have to be paid by the Buyer to MSTC, Vadodara within 10 (ten) days from the date of issue of Sale Order / Acceptance Letter by MSTC (including the date of issue Sale Order / Acceptance Letter) or alongwith the submission of the payment towards balance 80% sale value to MSTC.The applicable Duties / Sales Tax must be submitted by the Buyer to MSTC by way of PO/DD drawn on any Scheduled Bank in favour of MSTC LTD. and payable at Vadodara as per the Sales Tax Rate stipulated in the Sale Order / Acceptance Letter issued by MSTC to the Buyer.

As an alternative to the above, MSTC at its discretion may advise the Buyer to pay the Sales Tax amount by PO/DD of scheduled Bank in favour of the concerned Stockholder Unit / Depot of the Principal and payable at the location of the Stockholder Unit / Depot of the principal as may be stipulated in the Sale Order/ Acceptance Letter issued by MSTC. In this case also, the PO/DD towards the Sales Tax amount must be submitted by the Buyer to MSTC, Vadodara within 10 (ten) days from the date of issue of Sale Order / Acceptance Letter by MSTC.

"All Sales will be treated as local sale and the Buyer shall have to pay Sales Tax at the rate as specified in the local Sales Tax Act / Rules of the concerned State where the materials are lying.That is, sale against "C" Form / Central Sales Tax will not be allowed.

(c) The provision of Clause No. 4.3 of the General Terms and Conditions of sale will apply only for local Sales Tax and the tenderers should note that Sales Tax Declaration Form submitted subsequent to the issue of Delivery Order by MSTC will not be accepted. Sales Tax Declaration Form must contain the Sales Tax Registration No. of the Buyer as a Dealer and it must be duly filled up and signed by the Buyer

(d) Non-compliance of these instructions relating to payment / submission of Sale Value and / or Sales Tax and/or Sales Tax Declaration Form within the specified time period will be at the risk of the Buyer and for any delay in submitting the same, the Buyer shall be fully responsible and in such event, MSTC reserves its right to take action as provided in Clause No. 12.0 of GTC of Tender without further reference to the Buyer

8.0 DELIVERY TERMS FOR ORDNANCE FACTORIES & PRINCIPALS OTHER THAN MINISTRY OF DEFENCE

8.1 The Buyer shall lift / take delivery of the materials within 30 (thirty) days from the date of issue of Delivery Order by MSTC or issue of Release Order by the Principal,whichever is later.However,this will be superseded by the delivery period stipulated in the Schedule of Items against any particular Lot, if any. In case the due / last date for payment / delivery falls on a holiday of MSTC / Principal, then the time will be extended upto the next working day. Buyers must take prior appointment with the Principal before placing the trucks.

9.1 A Delivery Order shall be issued by MSTC in favour of the Buyer (with a copy to the Stockholder Unit / Depot of the Principal) only after receipt of all the due payments alongwith the applicable Duties and Sales Tax (and / or Sales Tax Declaration Form if required) against each lot.The Buyer shall lift / remove the materials lying in each lot sold to them strictly on "AS IS WHERE IS" basis within 30(thirty) days from the date of submission of balance 80% Sale Value by MRO to RBI / SBI or by PO/DD to MSTC and the delivery period will be accordingly stipulated in the Delivery Order issued by MSTC. It should be clearly understood by the Buyer that the delivery period will be counted from the date of payment of balance 80% sale value to RBI / SBI or to MSTC as mentioned above and it will not be counted from the date of submission of receipted MRO / TR or submission of Duties / Taxes to MSTC.Hence it is advisable for the Buyers to ensure that after submission of the balance 80% sale value to RBI / SBI through MRO or to MSTC through PO/DD, the receipted MRO / TR copy as well as applicable Duties and Taxes are also immediately submitted to MSTC without any delay so that the Buyer gets the advantage of the full delivery period as mentioned above.

In addition to the provisions of Clause No. 8.0 of GTC of Tender, the following shall also be applicable.In case of delay in payment of balance 80% material value and applicable Duties and Taxes,late payment charges will be charged on 100% material value.

.In cases where the balance 80% Sale Value has to be deposited to MSTC Vadodara by PO/DD favouring the Principal, the applicable late payment charges shall also have to be paid by the Buyer to MSTC,Vadodara by PO/DD favouring the Principal within the aforesaid additional period of 14(fourteen)days .In case of late payment to be submitted by MRO,buyers should personally collect the fresh MRO from MSTC,Vadodara by returning the original copy of the expired MRO within the prescribed additional period of 14 (fourteen) days .

11.1 This will be governed by Clause No.9.0 of the GTC of Tender. However in case of Depots / Units under Ministry of Defence , the ground rent charges will be @ 2% per day subject to other terms as per Clause 9.0 of GTC of tender.

12.1 The period of Contract shall be upto the last date of validity of Delivery Order / Release Order issued by MSTC / Principal or upto the extended period of validity of the Delivery Order / Release Order in case the delivery period is extended by the Principal at their sole discretion, as the case may be.

13.0 For items belonging to Depots / Units / Ordnance Factories under Ministry of Defence, unless otherwise stipulated against any particulars item/material / Lot put up for Sale in the Tender documents, the material shall not be exported by the Buyer outside the territory of India and submission of the duly signed Schedule of Rates (Offer Form) by the Buyer shall deem to imply such undertaking by the Buyer in favour of the President of India through MSTC. In case of any failure on the part of the Buyer to submit such undertaking, the sale will be deemed not to have been accepted by the Principal/MSTC and the sale will stand automatically cancelled without any further reference to the Buyer.

15.0 For Hazardous Items requiring Pollution Control Board(PCB)Registration Certificate from State or Central Govt.or both (as the case may be),if the Tenderer has /had a valid Certificate which expired 30(thirty)days before the date of opening of Tender,he must submit alongwith the Tender a copy of the expired Certificate and a copy of his Application to the concerned In case of any conflict between any Remarks / Terms & Conditions / Notes stipulated in the Schedule of Items and the STC or GTC of Tender, the said Remarks / Terms & Conditions / Notes stipulated in the Schedule of Items shall prevail.

15.0 Tenderers/Bidders are advised to check for any Corrigendum issued by MSTC,if any,to the Terms and Conditions of Sale(including Amendments to the material quantity/quality/payments terms/delivery terms etc)with MSTC,Vadodara and also on MSTC' s Website http://www.mstcindia.com/ before submitting their Tender/Bid

(N.B. : These Special Terms and Conditions of sale are in addition to the General Terms & Conditions of sale attached with the Tender Catalogue)

No. of Instalments

Signature of Tenderer ________________________