Naresh Kumar & Co. Pvt. Ltd. (NKCPL) Date...

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Naresh Kumar & Co. Pvt. Ltd. (NKCPL) Date 15.12.2015

Mandate No VJ15211008

MATERIAL: Earth Moving & Construction Equipment

SELLER: Naresh Kumar & Co. Pvt. Ltd. (NKCPL)

Date & Time of online event: 07.01.2016 at 12:00 pm (Online Sealed Bid will be conducted which may be followed by forward auction on the same day)

Online Event website https://auction.metaljunction.com

INSPECTION DATE & TIME: 17.12.2015 to 06.01.2016; 10:30 HRS to 17:00 HRS with prior appointment with concerned person from mjunction services limited except Sunday & Holiday

CONTACT PERSON:

M/s mjunction services ltd. Biswajit Banerjee: 08584008276; [email protected] Gaurav Das: 08584008249; [email protected] M/S Naresh Kumar & Co. Pvt. Ltd. (NKCPL) Mr. Debashish : 9204055281 Mr. Ashish : 9204055282

BID BASIS: Basic Prices has to be quoted ex-NKCPL – Jamshedpur Plant excluding any applicable duties, taxes and freight. Bid has to be placed in INR on Per Lot Basis.

BIDDING RULES: Online sealed bid followed by a Forward auction.

Pre Bid Security Mentioned in the next page via RTGS. RTGS details are given in this document. (Page No. 5)

LAST DATE OF PRE BID DEPOSIT 06.01.2016 by 05:00 pm; Any deposit after this time may not be considered for attachment to the sale event.

MATERIAL LOCATION: Naresh Kumar & Co. Pvt. Ltd. (NKCPL), Hume Pipe Area, Sakchi - Opposite New Civil Court, JamshedpurWest Bengal

VAT :5% CST : 2% against Form ‘C’ ,C-form to be submitted prior to lifting Note: For inter-state customers, concessional CST @ 2% will be charged if the customer separately submits differential CST deposit of 3% along with EMD payment. This is to be submitted directly to NKCPL. The same will be refunded after receiving complete endorsed C form from the customer. If any other duties, taxes and statutory levy(s) are imposed during the pungency of the contract, then it will be in the buyers account.

This auction is open to all Bidders fulfilling the criterions mentioned in the catalogue.

The Goods will be sold on “As is where is” and “No Complaint” basis. The bidders will therefore be deemed to have made themselves aware regarding the quality of materials before bidding. No Complaint or claim in this regard will be entertained after submission of bids.

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Online Sale Of Earth Moving & Construction Equipment From Naresh Kumar & Co. Pvt. Ltd.

Equipment Details:

LOT NO

Equipment

QTY

UOM Serial No

Registration No.

Bucket size EMD Bid Basis

NKCPL/1

BACKHOE LOADER - Case

- 770 1 No T00347 JH-05R-4241

0.24 & 1.1 cum

35,000/- Rs. Per No.

NKCPL/2 BACKHOE

LOADER – 3DX 1 No 1264375 JH-05U-0442

0.24 & 1.1 cum

40,000/- Rs. Per No.

NKCPL/3 BACKHOE

LOADER - 3DX 1 No 1264374 JH-05U-0445

0.24 & 1.1 cum

40,000/- Rs. Per No.

NKCPL/4 EXCAVATOR

(GRAB) - CK-90 1 No A-4013 N/A 1 cum 1,50,000/- Rs. Per No.

NKCPL/5 EXCAVATOR

(GRAB) - CK-90 1 No A-4016 N/A 1 cum 1,50,000/- Rs. Per No.

NKCPL/6 EXCAVATOR -

PC200 1 No NL-12844 N/A 0.93 cum 60,000/- Rs. Per No.

NKCPL/7 EXCAVATOR -

CK-90 1 No A-3850 N/A 0.9 com 1,00,000/- Rs. Per No.

NKCPL/8 EXCAVATOR

(GRAB) – CK-90 1 No A-3748 N/A 1 cum 90,000/- Rs. Per No.

NKCPL/9 EXCAVATOR


NKCPL/10 EXCAVATOR


NKCPL/11 EXCAVATOR


NKCPL/12 EXCAVATOR –

PC200 1 No NL-17034 N/A 0.93 cum 70,000/- Rs. Per No.

NKCPL/13 PAYLOADER –

2021 1 No L2Z00604 JH-12B-8255 1.7 cum 30,000/- Rs. Per No.


3036 1 No

01513-3036

JH-05V-9634 3 cum 35,000/- Rs. Per No.


3036 1 No

3036-0929

JH-05L-6902 3 com 35,000/- Rs. Per No.


WA380 1 No Z15240 JH-05R-4895 4 cum 90,000/- Rs. Per No.


966H 1 No A6J01330 JH-05X-6247 3.5 cum 1,80,000/- Rs. Per No.


2021 1 No L2Z00868 JH-17D-3577 1.7 cum 35,000/- Rs. Per No.

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2021 1 No L2Z03815 JH-05Y-4002 2.5 cum 60,000/- Rs. Per No.

NKCPL/20 PAYLOADER -

2021 1 No L2Z03816 JH-05Y-4003 2.5 cum 60,000/- Rs. Per No.


432ZX 1 No N/A

JH-05AC-1283

1.8 cum 50,000/- Rs. Per No.


432ZX 1 No N/A

JH-05AC-1285

1.8 cum 50,000/- Rs. Per No.


432ZX 1 No N/A

JH-05AC-1284

1.8 cum 50,000/- Rs. Per No.


WA380 1 No Z16919

JH-05AE-7261

4 cum 1,20,000/- Rs. Per No.

VAT :5% CST : 5% (2% against Form ‘C’ ,C-form to be submitted prior to lifting) Note: 1. For inter-state customers, concessional CST @ 2% will be charged if the customer separately submits differential CST deposit of 3% along with EMD payment. This is to be submitted directly to NKCPL. The same will be refunded after receiving complete endorsed C form from the customer. ANY CHANGE IN RATES OF TAXES & DUTIES AT THE TIME OF DELIVERY/ DATE OF INVOICE WILL BE ON PURCHASER/BUYER ACCOUNT

Letter of interest to be filled and submitted by mail by interested customers:

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LETTER OF INTEREST (To be submitted on company letter head) To Naresh Kumar & Co. Pvt. Ltd. (NKCPL) Jamshedpur THROUGH: M/s Mjunction Services Ltd Dear Sir, (1) We ___________________________________ are interested in participating in the Online sale event notified vide this catalogue document dated _________. (2) We are hereby submitting Pre Bid security of Rs.____________ (Rupees ___________ only) vide UTR. No.________________________ dated ___________ drawn on _____________________ (Bank) in favour of “ ________________________ “ payable at _______ for participating in the above mentioned Online Sale event.

UTR No. Transaction Amount Transaction date Bank Name Lot No

(3) We agree to abide by all the instructions contained in the above indicated Online Forward Auction notice, your terms and conditions of sales and General Rules and Regulation Governing conduct of online Auction on the Service provider’s platform/ website. (4) I/We understand that my/our bid in an e-selling event would be construed as my/our acceptance to the NKCPL’s” terms and Conditions of the sale, General Rules & Regulations governing the conduct of Online Auctions on the Service Provider Platform, Auction Notice. I/We understand that if our bid is accepted by the service provider, and approved by NKCPL, I/We are obliged to complete the transaction and abide by all Terms & Conditions mentioned in this auction document. (5) I/We agree that I/we have been provided training by service provider in order to participate in Online Forward Auctions. I/We agree to update ourselves regarding any changes made to the catalogue from the website of the Service Provider/NKCPL and bid accordingly. (6) I/We request service provider to allot User-id and password to me/us and activate the same to participate in the above mentioned online forward auction. (7) I/We agree that I/we shall change the password on receipt by me/us and keep it confidential. I/We agree that Service Provider shall not be held responsible in any way for any losses that may be suffered by me /us as a result of disclosure of the password to any other person by me. (8) I/We understand that my/our inability to participate in an e-selling event due to disruption of my /our internet services, or due to bandwidth problems with my/our local internet service providers are beyond the control of the Service Provider. (9) In the event of any failure on our part to comply with all or any of the Terms & conditions regarding the online forward auction, I/We irrevocably agree for the forfeiture of our pre bid security deposit and earnest money deposit as applicable. (10)I/We also agree that Naresh Kumar & Co. Pvt. Ltd. is not bound to accept the highest or any bid or to assign any reason for such non-acceptance. (11) Naresh Kumar & Co. Pvt. Ltd. shall not be responsible for any consequential, incidental, indirect, punitive, exemplary or special damages of any nature whatsoever, including, without limitation, lost profits or losses or for any damages arising out of or in connection with any malfunctions, delays, loss of profit or interruption of service arising out their supply to us.

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(12) I/We are providing the following details to you:- ( To be submitted on company letter head)

a) Name & Address of the firm : b) Name of the Contact Person on our behalf : c) Our contact Telephone Nos. : d) Our contact FAX No : e) Our contact e-mail Particulars : f) Bank name : g) Branch name : h) Branch address : i) Branch telephone no : j) Account type : k) Account no. : l) Lot nos. for which SD is submitted : m)Other documents required by Naresh Kumar & Co. Pvt. Ltd. If any:

Yours faithfully Signature of Authorised Person (Name of the person signing) Date: For M/S ___________________ Place: (With Company’s Seal)

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TERMS & CONDITIONS

Naresh Kumar & Co. Pvt. Ltd. Dated: 15.12.2015

Naresh Kumar & Co. Pvt. Ltd. intends to offer for sale of the following materials on terms and condition mentioned herein below:

1. Product : Earth Moving Equipment, Engines, Spares & Tyres

2. Requirement of Participation :

a) Non Interest Bearing Pre bid Deposit (mentioned in the equipment details table)- via RTGS shall be deposited by the intending customer

RTGS details:

Beneficiary Name MJUNCTION SERVICES LIMITED

Beneficiary Account Number Explained below *

IFSC Code HDFC0000240

Bene Bank Name HDFC BANK LTD

Bene Bank Branch Name Sandoz Branch, Mumbai

* Account No:

All the customers will have a unique account number. The unique account number is an alpha numeric code consisting of 13 characters. The Customer’s unique “account number” is a combination of the MJ’ SAP code along with the 7 digit bidder SAP ID and can be used as reference for all subsequent transactions. The Customer’s Account Number detail is available in “Profile” after the customer logs into our website using the user id and password

b) All pages of this catalogue duly signed and stamped by the bidder. The interested parties are advised to read and fully understand the contents of each page of the catalogue.

The last date of depositing pre bid deposit is 06.01.2015, 05:00 PM. All interested bidders have to submit the Pre bid along with necessary documents within the stipulated date and time to any Mjunction office or via mail (email id given on Page 1)

i) Materials are being offered on “as is where is” & “no complaint” basis. Bidders are advised to inspect the materials and satisfy themselves before bidding.

ii) All lots are ‘site to be cleared basis’.

iii) Prices quoted must be valid for this sale event only. VAT/CST will be applicable.

iv) Payments: 100% payments including taxes to be completed within 10 working days from the date of lot confirmation.

v) Price to be quoted during bid exclusive of taxes.

vi) Transportation, loading & unloading is in the scope of the buyer.

Refund: For non H1 buyers, the pre bid security will be refunded within 3 working days of submission of refund request letter. A refund request letter will need to be deposited by the customer along with copy of cancelled cheque & bank details.

For successful bidders, the pre bid security would be retained as Security Deposit till successful completion of lifting. The same will be refunded after successful completion of lifting. The pre bid would be non-interest bearing.

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4. Payment:

Payment: Total Lot value including taxes & duties is to be paid within 10 working days from the date of issue of bid acceptance.

The payment amount shall include the bid value and all other statutory duties and taxes. All payments are to be made in the form of DD/PO /RTGS only in favour of “Naresh Kumar & Co. Pvt. Ltd..,” payable at Jamshedpur.

Bank collection charges if applicable shall be borne by the successful bidder.

5. Penalties:

The following penalties shall be applicable in the eventuality of a buyer defaulting in adhering to any of the payment or lifting norms.

1. The pre bid security deposit shall be recovered from the winning customer in case of failure in making full payment within stipulated time after lot confirmation.

2. In case of non- lifting of full lot quantity within stipulated time, after making payment, the entire lot value with taxes & duties and the Pre Bid amount both are liable for forfeiture.

3. If the full or part of the lot quantity is not lifted within the lifting period mentioned, NKCPL has full right to terminate the contract and may sale to any other party.

6. Delivery: The materials would have to be lifted within 10 working days from issue of work order by client. Lifting will only be permitted after full & final payment including taxes & duties have been deposited.

The materials would have to be lifted between 10A.M. to 5:00P.M. on any working day. Bidders would have to make their own arrangements for loading/unloading and transporting the materials. Material will be dispatched as is where is & non returnable basis. Dismantling / cutting of materials (if any) is in buyer’s scope.

7. Safety Rules: During Dismantling and till completion of lifting the Safety Procedure of NKCPL should be followed strictly.

8. Bidding Rules: The first stage will be an online sealed bid. This may be followed by an English No Ties forward auction. Note: a) L1 will be eliminated from the Online Sealed Bid. Rest of the customers will be allowed to participate in the forward auction. b) If the forward auction is not conducted after the online sealed bid, the H1 price of online sealed bid will be processed for approval. c) If the forward auction is conducted after online sealed bid and if there are no bids in the forward auction the H1 bid of the Online Sealed Bid will be processed for approval. 9. Rate: Best rate is to be quoted online on internet site https://auction.metaljunction.com in Indian Rupees PER No. The rates quoted would be basic rate ex- Stockyard, excluding any statutory duties and taxes, etc which would be as applicable at the time of supplies will be extra and payable by the bidder. Any other taxes and duties that may be introduced later are all to the account of bidder.

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10. Validity of offer: The bid quoted should remain valid for acceptance by Naresh Kumar & Co. Pvt. Ltd. for 5 working days from the date of close of auction. Once the rate is accepted by the Naresh Kumar & Co. Pvt. Ltd. the price shall remain firm during the period of contract.

11. Acceptance of offer/ Sale order/Offer Letter When a bid is accepted by Naresh Kumar & Co. Pvt. Ltd., the successful bidder shall be issued an “ Acceptance of offer / Sale Order / Offer letter “. This will indicate relevant details viz. description of goods, quantity, accepted rates and last date of making payments/ completing commercial formalities and other terms and conditions of supplies etc.

12.Right to Terminate: If the successful bidder fails to perform as per terms and conditions as stipulated in our acceptance of offer , Naresh Kumar & Co. Pvt. Ltd. reserves the right to terminate the agreement with immediate effect.

13.Other Conditions: Naresh Kumar & Co. Pvt. Ltd. is not bound to accept the highest or any bid or to assign any reason for such non-acceptance. Naresh Kumar & Co. Pvt. Ltd.'s decision in this regard shall be final and binding on the bidding firms. Naresh Kumar & Co. Pvt. Ltd. further reserves the right to prepone , postpone, cancel the auction before, during and even after the completion of online auction without assigning any reason. Sale of material is subject to final confirmation in writing by Naresh Kumar & Co. Pvt. Ltd. and allocation of material by the system shall not be treated as confirmation of sale.

14.Arbitration: In the event of any dispute or differences between Naresh Kumar & Co. Pvt. Ltd. and the bidding firm, such dispute or difference shall be resolved amicably by mutual consultation. If, however, any dispute or difference remains unresolved, the same shall be settled by arbitration by referring the claims to the sole Arbitrator to be appointed by the Managing Director(designated by any other name) of Naresh Kumar & Co. Pvt. Ltd., who shall be the appointing authority of the sole Arbitrator. The venue of arbitration shall be Kolkata and the cost of the arbitration shall be as decided by the Arbitral Tribunal consisting of sole Arbitrator. No court shall have the jurisdiction to settle any dispute in view of this arbitration clause. Jurisdiction : Court at Kolkata shall have exclusive Jurisidiction. Governing Law : Arbitration & Conciliation act 1996.

15.Force Majeure: All commitments under the agreement shall be subject to acts of God, Government Regulations / edicts or Rulings, war, blockade, revolution, civil commotion, riots, floods, sabotage or other causes beyond the control of Naresh Kumar & Co. Pvt. Ltd. or successful bidder. In such an event, Naresh Kumar & Co. Pvt. Ltd. or the successful bidder, as the case may be, shall be relieved of the responsibility of performance of its part under the contract till such force majeure condition exists and the delay in the performance of its part of the contract, absolve the liability if any.

I/We have read and understood the conditions of the tender as detailed out above (page 01 to 08) and as a token of my / our acceptance of the same without any alterations and modifications, I/We affix my/our signatures as follows:

Authorized Signatory for tendering firm with seal and date PLACE: DATE:

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GENERAL RULES AND REGULATION GOVERNING CONDUCT OF ONLINE AUCTIONS ON THE “SERVICE PROVIDER” PLATFORM

INTRODUCTION : This Online Forward Auction is being conducted for NKCPL (hereinafter referred as the “Client’’) on the Auction Platform of Mjunction Services Limited (hereinafter referred as “Service Provider”). The General Rules and Regulations provided herein govern the conduct of Online Forward Auctions arranged by “Service provider” on its Auction Platform. These rules cover the roles and responsibilities of the parties in the online Forward Auctions on the Auction Platform. Acceptance and strict adherence to these General Rules and Regulations governing conduct of online auctions and General Terms and Conditions for Sale of Materials from NKCPL, is a pre-requisite for securing participation in the online auctions. The key terms pertaining to the online Forward Auctions are provided in the “Annexure-B”. Prospective bidders are advised to read through the same.

ROLE OF “SERVICE PROVIDER”

1. “Service Provider’ is the agency (operator) primarily providing the platform and service of the online Forward auction

to the “client”. 2. Finalisation of the auction items in consultation with the client.

3. Defining of bidding rules for each auction in consultation with the client. 4. Enhancing bidder awareness of and comfort with the auction mechanism and bidding rules. 5. Input of the Auction items and defining the bidding rule in the auction engine. 6. Enlarging the successful bidder base by introducing new bidders. 7. Collection of EMD, Letter of Interest etc. from the willing bidders and forwarding the same to the Client. 8. Providing access to the approved bidders to participate in the Auction. 9. Summarising the Auction proceedings and communicate the outcome to the Client.

ROLE OF BIDDER The role of the bidder is outlined below:

1. The bidder would participate in the auction with the aim of bidding to secure the auctioned item in the auction. The bidder would be provided access to the Auction through a “User ID” protected by a “Password”. The bidder needs to ensure that the “User ID” and “Password” is not revealed to unauthorized persons. Bidders are also requested to change the password allocated to them by the “Service Provider” to keep their confidentiality. However it would be bidder’s sole responsibility to ensure the security and privacy of the same and he/they would not hold the “Client” / “Service Provider” responsible in any manner whatsoever for any misuse of these user IDs and/or Password. Access to the auction mechanism shall be provided to all the approved bidders subsequent to obtaining their written consent to the General Rules & Regulations and the Letter of Interest. Payment of EMD & Security Deposit (SD) as decided by the client before the start of the Forward auction will be one of the necessary conditions for participating in the auction. Forfeiture of the EMD will be passed to NKCPL

2. Bidders hereby confirm that they shall commit to lift the item (being bid for) at the price entered by them in the auction engine AND at the terms and conditions specified herein by the Client. All Prices entered shall be legally binding on the bidders. Bidders are strongly advised to exercise due diligence while placing bids. Failure to honour the bids placed during online bidding shall render the bidders liable for penal action as deemed fit by “Client” / “Service Provider”.

3. In the event of winning an allotment in the auction mechanism, the bidder shall commit to fulfill outlined obligations under the contract.

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BIDDING RULES

The Bidding Rules refer to the information and terms defined specifically for a particular auction. The purpose of the Bidding rules is to provide approved bidders with the information and terms specific to the auction in which they are bidding. This would include: Definition of the lot bidding Start Time and duration of the auction Any extension of the duration of the auction in the event of bids being received towards the end of the pre- specified duration Start Bid Price Specified Unit for Bidding Price Increments and any reduction in the price increment in the auction in the event of inactivity Other attributes (informational/non-negotiable in nature) While it shall be the endeavour of “Service Provider” to specify these rules at the earliest for each online auction, the “Service Provider” shall retain the right to delay the announcement of these bidding rules or modify rules specified earlier at the time of the online bidding. These details would be available to the bidders on the Auction Engine at the time of bidding. Participation in the auction process presumes complete awareness and understanding of the bidding rules.

CONDUCT OF THE AUCTION: Only those bidders who have been approved by the “Client” and handed over stamped and manually signed “General

Rules and Regulations governing conduct of online auction alongwith Letter of Interest, required EMD amount and other necessary documents to the “Client”/ “Service Provider” within the specified time will be given “Login ID” and “PASSWORD” to enable them view and participate in online auction.

The Auction shall be conducted on pre-specified date. The Key Terms pertaining to the conduct of Auction such as “START TIME”, “DURATION”, “END TIME” AND “AUTO EXTENSION FACILITY” Shall be specified separately for each Auction. “Service provider” retains the right to cancel or reschedule the auction, with the approval of the Competent Authority of the

Client, on any of the following reasons:

The number of confirmed bidders is deemed insufficient to conduct the auction. Some of the confirmed bidders are unable to access the module due to infrastructure problems such as sustained

power failure or telecommunication breakdown. There are no bids which are equal to or below Start Bid Price. Any other reason which in the opinion of “Service Provider” / “Client” requires such action to be initiated.

The duration of auction may also vary from the pre-specified period of time either on account of termination of the auction by “Service Provider” on the advice of the Client Or In case of situations where it is felt that continuance of the auction proceedings is prejudicial to the smooth conduct and / or the integrity of the auction process. Or due to Auto Extension during the Auction, duration may increase from specified period. In the event of any problems being faced in the smooth conduct of the auction, “Service Provider” with the approval of the Competent Authority of the Client, shall have the right to undertake one or more of the following steps:

4. Cancellation/ premature termination of the auction with/ without a subsequent rerun of the auction on a mutually decided date

5. Cancellation of a bid 6. Locking / deactivate a bidder’s account (suspension of operations in the account), etc.

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LIABILITY OF “SERVICE PROVIDER”

“Service Provider” shall not be liable to the client/ bidders participating in the auction or any other person(s) for: Any breach of contract by any of the parties in the fulfillment of the underlying contract. Any delays in initiating the online auction or postponement / cancellation of the online auction proceedings

due to any problem with the hardware / software / infrastructure facilities or any other shortcomings.

While, reasonable care and diligence will be taken by “Service Provider” in discharge of its responsibilities such as design of the online bid, communication of bid details and rules, guidance to client/ bidders in accessing the Auction Engine and placing bids, etc. the bidders shall specifically indemnify “Service Provider” from all liabilities for any shortcomings on these aspects.

It is clearly understood that these activities are undertaken by “Service Provider” to assist the bidders in participation but the ultimate responsibility on all these counts lies totally with the bidders.

RIGHT OF THE CLIENT:

The Client reserves the right to partially or totally accept or reject any / all bids placed in the Online Auction without assigning any reason whatsoever. The decision of the client would be final and binding on the bidder in any such case.

CONFIDENTIALITY CLAUSE:

“Service Provider” undertakes to handle any sensitive information provided by the client or confirmed bidders for the auctions conducted with utmost trust and confidentiality.

JURISDICTION

Any disputes relating to the online auction module of “service provider” shall be subject to the exclusive jurisdiction of court at Kolkata only.

Some Photographs are shown in the next page. The pictures shown below are indicative in nature. Customers are advised to inspect the plant.

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