Gandhi Auctioneers Pvt. Ltd

GANDHI AUCTIONEERS PVT. LTD.

Office : 302, Bluechip, C.D. Barfiwala Road, Andheri (West), Mumbai-400 058

Ph # 022 24780005. Fax: 022-26243832. Email :

Under instructions from

BHARAT PETROLEUM CORPORATION LTD.

Mahul Refinery, Mahul, MUMBAI – 400 074.

Tel No :022-25533297 / 022-25533289, Fax No.25542970/25541718

Email:

e-AUCTION SALE

Gandhi Auctioneers Pvt. Ltd., an e-commerce service provider, are to obtain rates online through their portal. The Sale & Purchase are made directly by seller & Buyers. This is only for the purpose of intimation. M/s. Bharat Petroleum Corporation Limited, Mumbai Refinery, Mumbai will sell various Scrap items through online auction.

Schedule of Programme

Inspection of Materials

(Strictly by prior appointment only) / From 4th &5th Oct. 2010, between 08.30 AM to 11.30AM and
1.00 PM to 2.30 PM.
Each person should pay Rs. 500 / = as inspection fee for the item by by demand draft / pay order, (cash & cheque not acceptable) in favour of of Bharat petroleum corporation limited, payable at Mumbai.
Venue / Mumbai Refinery, Mahul, Chembur, Mumbai – 400 074
On-Line Auction date. / 7th October 2010 Time: 11.00 AM onwards
e-Auction Venue /
Last Date to receive EMD / 6th October 2010Before 2.30 P.M .

EMD details .

/ Refer Annexure I and to be paid to Gandhi Auctioneers Pvt. Ltd. at their Mumbai Office with fully filled Registration Form.

Contact details for any Queries/ correspondence:

Bharat Petroleum Corporation Ltd. –

Mr. Murali GK (Ph No.022-25533297); Mr. Janardanan K (Ph No.022- 25533289)

GANDHI AUCTIONEERS PVT. LTD.

Mr. Gandhi / Mr. Kulkarni

Phone: 022-26243832

Email: bid2buyonline.com

ITEMS FOR DISPOSAL . ANNEXURE - I

Your offer should be Basic Price.

All statutory Duties & Taxes, including variations, if any, will be EXTRA as applicable on the Date of Delivery.

S.No/ (T.No.) / Qty / UOM. / Material Description / Excise Duty (%) / VAT
(%) / EMD / START BID PRICE RS. PER MT. / INCREMENTAL RATE IN Rs.
01
(11/076) / 900 / MT / Used/scrapped / deteriorated m.s. tank plates and plate bits of various sizes and thickness with / without ferrous and with / without oil/bitumen/cement coated and any other ferrous attached..
LOCATION: tank no.115 site / WAREHOUSE SCRAP YARD / 10.30 / 4.00 / 2,50,000 / 14,500 / 50 per MT

Terms & Conditions for all Participants / Bidders to the Internet Auction, organized by M/s. Gandhi Auctioneers Pvt. Ltd. on behalf of BPCL.

The Auction will be organized only through Internet.
Sale is on “AS IS WHERE IS BASIS” and “NO COMPLAINT BASIS”. No complaint regarding quality, quantity, or composition of the material will be entertained.
Rights of participation will be for people who after inspecting the material, pre-qualify themselves by paying the EMD and whom BPCL has not previously blacklisted. Final decision regarding participation will be with BPCL.
The quantity indicated in the list of material Items is only an approximate estimated quantity and the Bidder has nothing to do with Quantities to material that may be available.
Your bids must be only for Basic price,exclusive of ED & Taxes and other Govt. levies as applicable on the date of delivery. Buyer will have to pay variations, if any, also till complete upliftment and final settlement. TCS and other Govt. levies will be charged extra as applicable at the time of delivery of material.
The Bidders cannot retract from their offers. If done so, the EMD will stand forfeited & party will be debarred from participating in our future tenders.
The EMD is payable by DD favoringBharat Petroleum Corporation Ltd. payable at Mumbai drawn on Nationalized/scheduled banks. Offers and DD submitted as EMD must be valid for 90 days from the date of e-auction.
All EMDs will not carry any interest. BPCL will en-cash all theEMD received and EMD of highest bidder shall be returned after completion of upliftment. EMD of 2nd highest bidder will be returned after successful bidder make the payment. EMD of unsuccessful bidders shall be returned by cheque after release of sale order.
BPCL reserves the right to withdraw wholly or partially any or all the items set for sale at any time during the period of contract without assigning any reasons.
Sale confirmation, Sale Order, Invoices, Delivery Challans etc. will be released only in the name of the Company that has initially registered and participated in the Auction. There will not be any changes between the registration and completion of transaction.
If any Non-Ferrous material is found in any of the Ferrous Lot while effecting delivery, the Buyer shall not lift from the Lots any such pieces containing Non-ferrous material and shall have no claim for the same and ask for any compensation on account thereof.
All payments must be made for Total Quantity in advance before upliftment of materials for all items, within Seven days or in installments as indicated in the sale letter, from the date of sale letter.
The rates offered by the highest bidder will remain firm throughout the contract.
The Buyer shall arrange for all tools and tackles, forklifts or hoists or cranes and/or labours at their own expenses. While inspection of material and at the time of lifting of material ALL SAFETY RULES OF THE COMPANY HAVE TO BE FOLLOWED STRICTLY. The buyer shall confirm having read all the general rules as laid by BPCL, with regard to employment of labour for the removal of scrap material.
While taking delivery of the material, if any damage is done to the premises or other machinery lying nearby, the Company shall recover all such costs required to reinstate the damage into the original position and stop delivery of the material till all the costs are paid.
EMD & Security Deposit shall stand forfeited once due auctioned rate is accepted by BPCL, and buyer is not ready to lift the entire lot allotted. In case H1 party fails to deposit the sale value, his EMD will stand forfeited. In such a situation BPCL reserves the right to award the order to H2 party as per the discretion and H2 party should accept the offer at the quoted price with out any condition, otherwise his/their EMD will stand forfeited without assigning any reasons.
If more than one bidder bids same value for an item / lot, the bidder who quotes the highest price first as per the server time, is considered as the H1 bidder for that item / lot.
The decision of the seller is final and binding in all matters related to this sale.
Material lifting shall be as per the guidelines of BPCL only. Buyer shall have no rights to choose / pick the material out of due total lot.
Partial lifting shall result into forfeiture of EMD/security deposit. The lifting should be completed within due time frame agreed. Failure to abide to the terms and conditions shall result into forfeiture of EMD and BPCL will be at their liberty to sell the material to any third party and debit the differential amount to Buyer’s account.
All other terms and conditions as specified from time to time by BPCL and Gandhi Auctioneers Pvt. Ltd. will apply.
On behalf of BPCL, Gandhi Auctioneers Pvt. Ltd. runs its business on the basis of a robust Web Site. However Gandhi Auctioneers Pvt. Ltd. is outsourcing server space from a third party hosting company and hence shall ensure the smooth running in all good faith and intention. However, BPCL & Gandhi Auctioneers Pvt. Ltd. will not be held responsible for any failure of power, Network, server, hosting server, Internet connectivity, ISP or otherwise at Bidder’s end or at Gandhi Auctioneers Pvt. Ltd. directly or indirectly effecting Online method of Bidding.
BPCL & Gandhi Auctioneers Pvt. Ltd. takes no responsibility of the quality, quantity, documentation details of buyers/seller. Both the buyers & seller agree to defend indemnity and hold harmless Gandhi Auctioneers Pvt. Ltd. from any loss, damage, cost and expenses caused by any reason during this transaction. In no event shall Gandhi Auctioneers Pvt. Ltd. will be liable for any loss for the transactions by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matter regarding this transaction and have understood in full that Gandhi Auctioneers Pvt. Ltd. have provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc..
In the event of any dispute with regard to non-lifting / non-availability of inspected materials etc. beyond stipulated dates of sale order and forfeiture of 'EMD', BPCL & Gandhi Auctioneers Pvt. Ltd. will not be held responsible for the loss / forfeiture. Once the sale order is issued to the successful bidder for removal of any scrap, the successful bidder will not be allowed to inspect the scrap material for removal unless the successful bidder has paid the entire sale order amount to BPCL.

25. Please note that BPCL reserves the right not to sell at the highest

offer received during the auction in case their expected reserve price /

targetprice is not achieved.

26. BPCL reserves the right to change the start bid price during the

auction time and before close of time as considered appropriate.

Once bids are given during online auction, they can not be revised

Downwards, which may please be noted.

Removal of Materials:

It will be the responsibility of successful bidders to weigh the empty truck at the weighbridge and produce the necessary weight certificate so that the weight of the empty truck will be deducted from the weight of the fully loaded truck.
In order to facilitate the Company to complete the transaction before 3.30P.M. the goods should be collected before 3.00 P.M. on any working day with prior appointment with the concerned Department within the stipulated delivery days.
Should the original purchaser wish to take delivery of the materialthrough a representative, he must authorize the latter by a letter of authority or continuing authority, which shall be presented to the officer concerned. The officer concerned may in his entire discretion decline to act on any such authority and it shall be for the purchaser to satisfy the officer concerned that the authority is genuine. Delivery to such person shall be sole responsibility of the purchaser and no claim shall lie against the Company on any account whatsoever, if delivery is offered to a wrong person.
Once uplifted material left BPCL gate, BPCL should be indemnified with all kinds of external effect, whatsoever may be.
The scrap purchaser has to bring the segregated railway material, if any, such as wood, concrete cast material, rubber and PVC material from the allotted lot to scrap yard before completion of the lot at the particular location.
Cutting permission will be given to the buyer to cut the lengthy material. However, buyer has to follow all the BPCL safety norms and the permission will be withdrawn in case there is any lapse in the safety. The gas used for the cutting of the scrap material should be as per BPCL requirement and all the safety precaution has to be observed by the buyer given in the clearance certificate.
All workmen employed by the buyer has to use personal protective equipments like hand gloves, safety shoes, & helmets etc., while loading and unloading of the material. Buyer has to make arrangement for these equipment before entering the Refinery.
Workers entering the Refinery premises for upliftment of the material will be required to fill up personal particular form and complete other formalities as directed by the office of the Asst. Commandant, CISF and/or any other concerned Govt. authorities.
The buyer has to ensure that his/their workers are covered under ESI/PF & submit the proof to our Welfare department without which we will not be able to allow them inside the Refinery.
Quantity is subject to the availability of material and BPCL’s ability to sell the same. The material will be allotted to the buyer for upliftment strictly on “as is and where is” basis. It is to be noted that the quantity mentioned above is only indicative and there is no commitment whatsoever by us. BPCL does not and cannot guarantee any specific quality of the material available for sale. The material is to be lifted from site strictly on “as is where is” basis.
Since the disposal of material is on AS “IS WHERE IS BASIS” the buyer should uplift the full quantity from the allocated lot on “CLEAN SWEEP BASIS” after making payment in advance for the additional quantity, if available.
If quantity exceeds,for the items other than “clean sweep basis” BPCL at its discretion may offer the additional quantity to the extend of 20% on same rate, terms & conditions. Successful bidder should uplift the additional quantity by making payment in advance.
Items must be removed by the purchaser before stipulated time.
Once the goods / materials are taken out of the factory gate, purchaser will be solely responsible for all sort of claims like shortage, missing parts, damage, incident, accident, loss of material etc. BPCLwill raise all Invoices in the name of the purchaser only.
Only one representative of the purchaser authorized by the Company will be allowed for the loading / handling of the material. However if the need arises for additional person, the same may be allowed only at the discretion of the BPCL Management.
BPCL will in no way be responsible for any accident, damage or injury to the contract’s workman or equipment while on site / premises. No claims for damages occurred due to accidents at the time of inspection or at the time of Material lifting for men as well as Machineries will be entertained.
Inspection must be done with prior appointment only.
Delivery of the material to be taken within the period given in our sale letters. Roaming in the premises of the company, without permission, is strictly Prohibited.

NOTE: H1 & H2 BIDDERS SHOULD SUBMIT CONFIRMATION OF THEIR BID AMOUNT IMMEDIATELY AFTER CLOSE OF BIDS, as per the format enclosed.

Termination of Contract

BPCL reserves the right to terminate the contract at any time by giving three days notice on the following ground.

Unsatisfactory execution or performance of the contract by the Purchaser.

For improper behavior of the Purchaser or breach of the terms and conditions of the contract.

Delay in more than 15 days in picking up of the deliveries of the material, after the sale order has been accepted.

Misbehavior with any of the staff of BPCL.

Picking up any materials, which is not sold to them and found in their truck or Vehicle.

The Purchaser shall not be entitled to resell any lot or part of a lot while the goods are still lying within the premises of the Company and no delivery would be effected by the Company to any person other than the Purchaser whose names are mentioned in the delivery order

Format of Acceptance form to be submitted in the Letter Head along with EMD.

Note- All entries compulsory

Registration Form

I/We confirm having gone through the above-mentioned terms and conditions and agree to take part in the Online Forward Auction for sale of Scrap at BPCL, Mahul refinery on ‘AS IS WHERE IS BASIS’ and “NO COMPLAINT BASIS”.

Having inspected the material and satisfying the condition and type of the same I/we also understand that I/we am/are legally bound to purchase the material at the Price at which I/we place the bid.

Name of the Company ______

Contact Person(s) ______

Designation ______

Address ______

______

Mobile/Phone/ Fax ______

E Mail______

PAN No. ______VAT/TIN No.______

In the event of any above information being found in-correct/ in-complete the Participation shall be liable to cancellation by BPCL at any time and I/we shall not be entitled to any claim for Refund arising from the same.

DD/PO No. / Bank Name / Branch / Dated / Amount (INR)

(Excise details, if any, for availing Cenvat Credit to be given in separate sheet please.)

Signature of Authorised Signatory with Name & designation and Co. Seal.

(Format for Confirmation of Bidding and Acceptance of Sale Order

by H1 / H2 bidders – In bidder’s letter head)

Ref.No. Date:

Bharat Petroleum Corporation Ltd.

Mumbai Refinery

P&CS Dept, Disposal Unit

Mahul, Mumbai-400 074

Dear Sirs,

Subject: Confirmation of bidding and acceptance of Sale Order

We hereby confirm that we have submitted our online bid(s) at the e-Auction held on 31.08.2010 conducted by M/s. Gandhi Auctioneers Pvt. Ltd., on behalf of BPCL, Mumbai Refinery for the Items No./Disposal Tender No. detailed below. We confirm our acceptance of the Sale Order as & when issued to us, as per terms & conditions given in the tender document. Rate quoted is as per Unit indicated in the Tender document.

Item No. / (D.T. No) / Material Description / H1 bid
(Quoted rate) / H2 bid
(Quoted Rate)
01 (11/076) / Used/scrapped MS Tank Plates

We understand that unless this confirmation is submitted, we will not be issued Sale Order by BPCL

Yours truly,

For (Company name)

(Signature & stamp)