FOR & ON BEHALF OF
CENTRAL WAREHOUSING CORPORATION
(A GOVT. OF INDIA UNDERTAKING)
Regional Office: - Opp. Unnati Vidyalaya,
Mahalaxmi Chaar Rasta, Paldi, Ahmedabad – 380007.
TENDER CUM ‘E’ - AUCTION
(Tender submission up to 11:00 am on 08-08-2011 at CWC, RO, Ahmedabad)
E-AUCTIONON8THAUGUST’2011
BETWEEN 11:00 A.M. TO 4:00 P.M.
Inspection on working days:
From 02ND AUGUST TO 05TH AUGUST, 2011
AT RESPECTIVE CFS/ICD & WAREHOUSES.BETWEEN 11.00AM TO 5.00PM
ON A PORTAL OF
ASHVIN & CO.
AUCTIONEERS
H.O.: Mahajan Lane, Raopura, Vadodara – 390 001. Tel. (M) 9376125968
B.O.:3-B, Samkit Flats, B/h. Ashoknagar Bus Stand, New Vikas Gruh Road.
Paldi, Ahmedabad.
Office: B/314 Shyamkamal CHS, Agarwal Market, Vile Parle (E),
Mumbai – 400 057. Tel. 2610 7515 / 2613 3600.
M: 9820133274 / 9820739509
E-mail:
Visit to our website: - or
GENERAL CONDITIONS OF SALE/AUCTION
NOTE:1.These conditions of sale shall apply to all sales of goods.
2.All goods will be sold on lot basis
1.The highest bid for each lot shall be accepted by the Auction Committee on Confirmed /subject to the confirmation basis. In the event of any dispute as to last or highest bid, the same shall be decided by the CWC representative present at the sale & the lot or lots in question may be re-auctioned at his discretion.
2.The goods will be sold on lot basis and the delivery will be given as lot only.Goods may be sold in one or more lots as found suitable and convenient and / or advantageous in the opinion of the CWC representative present at the Auction Sale.
3.Any lot or part thereof may be withdrawn from sale at any time before it is actually sold / delivered without assigning any reason for such withdrawal.
4.The Auctioneers may, in consultation with the CWC representative present at the sale, refuse to accept the bid of any person or persons without giving any reason whatsoever.
5.CONDITIONS OF PAYMENT:
i]The bidder who wants to participate in online Auction shall pay a minimum of Rs.50,000/-or as specified in the Auction CatalogueCaution Money Deposit (CMD) for each lots. CMD will be accepted only in the form of account payee DD/Pay order favouring Central Warehousing Corporation payable at Ahmedabad.
ii]In respect of e-auction, on acceptance of Rate / Offer on subject to confirmation (STC) basis the bidder will have to pay 20% of purchase price as EMD with CWC within 3 (Three) working days from the date of intimation, failing which the CMD shall be forfeited.Regarding physical auction, 20% of the sale value as EMD, is to be paid for the lot(s) sold on “SUBJECT TO CONFIRMATION”on same day.
iii]In respect of lots for which bid / offers accepted on STC/Confirm basis, “Bill of Entry for uncleared goods” shall be filed with Customs by Custodian for assessment of Customs Duty and clearance.
iv]The confirmation for delivery of cargo shall be intimated after getting the approved Bill of Entry in the name of the successful bidders from the Customs Department. The bidders shall collect the approved/Processed Bill of Entry from CWC, arrange payment of Customs Duty to Customs, get Out of Charge Order from Disposal Section at Custom House and submit the same to CWC alongwith payment of Balance Bid amount and VAT as applicable and take delivery of the auctioned goods / cargo within five (5) days from the date following the date of approval of Bill of Entry. Otherwise, purchasers shall bear the interest levied on duty by Customs.
v]If the bidders fail to take delivery of the cargo within the stipulated time,. as stated above, the Corporation, i.e. CWC may at its discretion extend the delivery period on request of the successful bidder for a maximum period of fifteen (15) days after the expiry of free period of five (5) as mentioned at Sl.No. iv on payment of Ground Rent by the purchasers as per tariff fixed in this regard.
vi]If the purchaser fails to take the delivery of the goods within the maximum period permitted by CWC on payment of rental warehousing charges as detailed above, the earnest money deposited by them will be automatically forfeited and the Cargo will be re-listed for the sale without any further notice.
vii]The payment will be accepted on all CWC working days from 10.00 hrs. to 16.00 hrs. only. The Delivery of the goods will be given on Working days during 10:00 hrs to 15:00 hrs only or as decided by the Manager(CFS/ICD) of respective CFS/ICDs..
6.The purchaser of each lot shall give his name, address, fax number, e-mail, phone / mobile number to the auctioneers. If the purchaser fails to pay the earnest money after the lot is knocked down to him, the bid shall forthwith be cancelled and the lot re-auctioned on account and at the risk of defaulting purchaser who shall be responsible for the deficit, if any, in the price but shall not be entitled to any increase, if any arising from such resale, CWC shall reserves the right to take such action against the defaulting bidder as may be authorized by the law.
7.No sale shall be invalidated by reason of any defect or faults in any of the lots being in-correctly described and no compensation shall be paid in respect of any such faults or errors of description.
8.The goods are sold “AS & WHERE THEY LIE” condition. The lot or lots shall be removed in full from the site with all faults and flaws in description or otherwise and no selection or sorting of the material will be allowed. Quality, quantity, size, measurement, number and weight stated are approximate. Goods are sold on the assumption that the bidders have inspected the lot prior to the bidding and know what they are bidding for. No complaint shall be entertained after the lot is once knocked down / highest bid accepted.
9.The goods shall lie at the sole risk and responsibility of the Purchaser in all respects from the time of sale and must be taken away by the Purchaser at his own expenses within stipulated time.
10.If the goods are not removed within the specified period, the EMD and the other payment made by the Purchaser will be forfeited. Similarly, in case, CWC Administration could not deliver the goods within the specified time due to unanticipated administrative reasons, suitable extension of period shall be granted to the purchaser and he will not be liable to pay ground rent or any other charges, till the expiry of such extended period of date of intimation whichever is earlier.
11.When CWC’s unserviceable items/scrap goods are sold on basis of lots and the purchaser fails to obtained the delivery of the whole or portion of the goods sold, he shall not be entitled to make any claim other than for the proportionate refund of the value of the undelivered quantity. He shall not be entitled to claim any damage, loss or profit, interest on compensation or any other account, access quantity, if any, will be paid for in advance before the material is removed.
12.All bidders/ purchasers shall be deemed to have read and acquainted themselves with these conditions of sale and agree to give their bids subject to these conditions.In case of physical auction, in the event of any dispute regarding amount of highest bid, the decision of the auction committee present at sale will be final and binding to the bidders. The bid sheet shall be signed only by the highest bidder i.e authorised signatory of the firm giving the offer along with all auction committee Members of the auction Committee.
13.The delivery of the goods either in part or in full would be subject to being withheld, if required, by CWC at any stage before actual delivery, without assigning any reason and delivery will be taken by the bidder/ after permission by the CWC.
14.CWC shall not be responsible for any loss or liabilities of the bidders if the purchased lots could not be delivered due to circumstances beyond control.
15.If the goods other than mentioned are found at the time of delivery, the sale may be cancelled by the CWC administration. In such case the refund of EMD or any other payments made by the purchaser shall be given by the CWC without any interest unless it is forfeited as above.
SPECIAL CONDITIONS:
16.In respect of offers acceptable to CWC on “ Subject to Confirmation’ the decision will be announced within 30 days or any extended time thereafter by CWC.The Confirmation of Sale will be issued after getting clearance from Customs.
17.Any information regarding acceptance under STC, other information such as notices, extension of time etc. will be communicated to the respective bidders through Post/E-Mail / Fax. Bidder also should be in touch with the auctioneer to have exact information will not be entertained by this office.
18.For delivery of the lots particularly for those sold on weight basis, the purchasers are requested not to wait for the last date of free period to effect delivery as no extension of time will be allowed for any reason whatsoever for extra payment of price or additional quantities as ascertained at all the time of weighment. The purchaser will be required to make his own arrangement for providing weighment equipments, labour etc if facility is not available at the unit or if facility available at unit the bidder shall pay charges accordingly.
19.Balance amount to be paid to CWC should be either by account payee Pay Order or Demand Draft drawn in favour of CENTRAL WAREHOUSING CORPORATION, payable at Ahmedabad, before start of delivery.
20.Purchasers are requested to complete all the formalities connected with ADC/PHO/Custom/Any Statutory Authority before goods are delivered to them.
21.For all the goods sold on subject to mutilation and fumigation and allied Custom/ Assistant Drug Controller / Port Health Officer / Pollution Control Board formalities, free period of 30 Calendar days only will be allowed for completing all formalities from the date of confirmation of offer. If the concerned authority does not certify the approval within the time specified, the purchaser will have the option to come forward and withdraw the offer within 15 days i.e. before the expiry of 45 calendar days not apply for cancellation of sale, the warehouse rental charges as notified in the CWC Tariff will be recovered from the 31st day following the date of confirmation of offer. The earnest money deposit / Purchaser’s Price will be forfeited and the sale will be cancelled if the purchaser does not withdraw the offer between 31st day and the 45 the days following the date of confirmation of the sale. Goods shall be mutilated only under Custom’s Supervision to avoid misuse of Trade Mark, Name etc.
22.While bidding for the lots, the bidders are advised to take note in their own interest that the bids for such restricted items for example plastic scrap, metal scrap etc. should be quoted if they are so eligible. They should submit license/certificate as required under Customs Act/Policy to the Customs/CWC before taking out of charge from Customs. Further,to ensure that consignments of bulk drugs are sold only to actual users i.e. manufactures holding valid manufacturing license under Form 25 and 28 with valid permission for the usages of the said bulk drugs in its formulation, the bidder should attach the following documents to their offer forms.
i]Counterfoil of the application form alongwith a Xerox copy, submitted by the actual user holding license to the bank for obtaining Demand Draft / Pay Order should be attached to the offer form alongwith the DD / PO.
ii]Likewise, the purchaser while bidding in auction should produce the documents (i) in original or copy duly certified by the Asstt. Drug Controller. Initial verification of requisite documents will be done by the officer of Sales branch attending tender. Only the authorized representative of the manufacturing firm is permitted to bid in the auction. He should produce authority letter from his firm for inspection before acceptance of the offer. The EMD amount may be paid in DD / PO alongwith the counter foil of the form submitted by the actual manufacturer holding license for obtaining DD / PO. The balance sale price should also be paid by the purchaser by CC / PO as specified under Special Condition No.5 only.
23.In case of Drugs etc. such as Citric Acid, Potassium Permanganate, Phenyl etc. which may be found fit for medical or non-medical use as advised by the Asst. Drug Controller form time to time, offers will be entertained from the actual users only and while giving the offers at the time of Tender / Auction, they should fulfill condition No.8 otherwise their EMD stand forfeited. However, in case where Asst. Drug Controller has already certified the drug for non-medical use only, the actual user condition is not applicable. The delivery of such lots, which are certified for non-medial use, will be given after making as “NON-MEDICAL USE’ on the packing in presence of Asst. Drug Controller. In such cases, it is the responsibility of the bidder to bring ADC.
24.In case of non approval of the lots by the ADC / PHO, the sale of lots will be cancelled and EMD refunded to the successful purchaser. The approval of the Authority concerned shall have to be obtained within a maximum period of 30 days failing which EMD will be forfeited.
25.All the goods sold at the Auction sale shall lie at the sole risk of the purchaser until the goods are removed.
26.The Regional Manager, CWC, Ahmedabad reserves the right to withdraw any lot or part thereof including those sold on subject to confirmation even though only confirmation of ADC / PHO or Fumigation will be pending at any time without assigning any reasons.
27.Sale of Uncleared & unclaimed goods shall be subject to other conditions as may be specified from time to time as accordance with prevalent rules, regulations applicable to the CWC and Customs.
28.Lots should be inspected by the intending purchaser before making an offer and lots will be sold on “AS IS WHERE IS” basis. Neither the Auctioneer nor CWC is responsible for its quantity, quality, size, and measurement etc. of the goods. Goods are sold on the assumption that the bidder has inspected the lots prior to bidding and know what they are buying. Once an offer is accepted purchaser will have to take delivery of the goods not withstanding all the faults and flaws, if any, in the condition or description etc. of the goods irrespective of whether it was actually inspected or not. No selection or sorting or whatsoever of the goods will be allowed. Quantity, quality, size, measurement etc. are approximate. No sale shall be invalidated by reasons of any defects or faults in any of the lots or on account of the lots being incorrectly described and no compensation shall be paid in respect of any such faults or errors in the description. No inspection of lot, which are sold and subsequently confirmed, shall be permitted under any circumstances unless full purchase price is paid. No compensation shall be entertained after the lot is knocked down.
29.Resale will not be recognized & delivery orders will be made in the same name of actual bidders only.The original purchaser, whose offer has been accepted, wish to take delivery of the goods through a representative, he must authorize by a letter of authority which shall be presented to the Regional Manager, CWC. Delivery by proxy will be at the purchaser’s own responsibility and risk and no claim lie against CWC on any account whatsoever if the delivery is taken by the wrong person. No claim or damage or losses of any kind will be entertained on any account whatsoever.
30.Purchasers offering for Cotton Yard will be required to submit Certificates from the Textile Commissioner or any other Competent Authority to the effect that they are the actual users. Failures to produce the certificate will result in cancellation of the sale and forfeit the EMD. Since other yard consignments are under OGL actual users condition will not be insisted upon the purchaser.
31.CWC and / or Customs reserve the right of acceptance or rejection of the offer in part or full without assigning any reasons to the tenderer at any stage.
32.In addition, special condition, if any, will be announced by the auctioneer at each auction sale shall be bound for acceptance to bidders.
33.In case the importer of goods under auction presents are out of charge BOE from Customs and clears CWC dues before goods are physically lifted by the bidder from the CFS, the importer shall be given preference in delivery.
34.The Regional Manager, Ahmedabad, shall have exclusive right to amend/ add/delete any conditions to ensure compliance of Customs/CWC guidelines.
CONDITIONS FOR SEALED TENDER PROCESS
1.Every offer shall accompanied with and EMD of 20% of offered bid amount alongwith duly filled–in signed and Sealed Tender (Form-A) {Collected from CWC, Regional Office, Ahmedabad/Auctioneer}.
2.The EMD should be paid by account payee Pay Order / Demand Draft drawn in favour of CENTRAL WAREHOUSING CORPORATION payable at Ahmedabad.
3.The Sealed Tender in the prescribed Form will be accepted only at the office of the Regional Manager, CWC, RO, Ahmedabad. The tender form should be signed only by authorized signatory of the firm submitting the offer.