GENERAL TERMS & CONDITIONS OF ONLINE AUCTION

 

This unique service of auction on the net is offered to you, subject to the following General Terms & Conditions of Service ("GTC"), which may be updated by us from time to time without notice to you. You can review the most current version of the GTC at any time at: WWW.ONLINERANGILALLS.COM In addition, when using particular RANGI LALLS services, you and RANGI LALLS shall be subject to any posted Guidelines or Rules applicable to such services which may be posted from time to time. All such Guidelines or Rules are hereby incorporated by reference into the GTC. RANGI LALLS also may offer other services from time to time, such as that are governed by different General Terms & Conditions of Services.

1. DESCRIPTION OF SERVICE

Bidder is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). Bidder is responsible for those fees. In addition, bidder must provide and is responsible for all equipment necessary to access the service and make sure that there is high speed internet which is stable. Devices (Mobile/Desktop/Laptop) should be in good working condition and appropriate for participating in auction on our website. It will be the responsibility of the bidder to ensure internet connectivity during the auction proceedings and any loss thereof due to any reason whatsoever including power failure, line connectivity etc. will be to bidders risk. The event conducted by the auctioneer on behalf of the Seller will not be deemed to be defective by any or more of the bidders. No complaints will be entertained by the auctioneer or the Seller in this regard.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. You must be at least 18 years of age to access and view.

2. Rangi Lalls Bank Account Details

Account Name

RANGI LALLS

Account Number

50200029928608

IFSC No.

HDFC0000557

Bank

HDFC BANK LTD

Branch

M-29, GREATER KAILASH - 2, NEW DELHI - 110048

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RANGI LALLS has apparent / reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RANGI LALLS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). RANGI LALLS is concerned about the safety and privacy of all its users.

4. RANGI LALLS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at RANGI LALLS Privacy Policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RANGI LALLS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RANGI LALLS cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

6. MEMBER CONDUCT

You understand that all information including data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

You agree to not use the Service to :
 

a.

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b.

harm minors in any way;

c.

impersonate any person or entity, including, but not limited to, a RANGI LALLS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e.

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f.

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g.

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in auction related areas that are designated for such purpose;

h.

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i.

disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j.

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k.

intentionally or unintentionally violate any applicable local, state, national or international law,

l.

"stalk" or otherwise harass another; or

m.

collect or store personal data about other users.

You acknowledge that RANGI LALLS does not pre-screen Content, but that RANGI LALLS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RANGI LALLS and its designees shall have the right to remove any Content that violates the GTC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and in all other parts of the Service.

You acknowledge and agree that RANGI LALLS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the GTC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RANGI LALLS, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. CONDITION OF GOODS

7.1

The goods are sold as and where they lie, on as is where is basis, the whole of the lot/lots shall be taken from the site of accumulation with all faults and errors in description. Otherwise the quantities, qualities, size or sizes, measurement, numbers and weights as stated in the auction floor and or in any delivery documents are only approximate and no guarantee or guarantees shall be implied. The goods are sold on the specific assumption that whether the bidders have inspected the lots or not the principle of Caveat-emptor will apply. No complaint will be entertained after sale.

7.2

Quantities made in the lot are approximate and RANGI LALLS holds out no warranty as regards the quantity and fitness of the goods for any particular purpose. The value paid in auction is for the approximate quantity. Proportionate value for the quantity falling short in a lot at the time of delivery will be refunded to the buyer. Any quantity found excess in a lot over the approximate quantity mentioned in the auction floor will have to be taken by the buyer after depositing the proportionate amount along with the final installment. In the event the materials are found in excess of the materials, specified in the sale order, the buyer will be allowed to deposit the balance amount within a reasonable time as may be determined by the seller in his sole and absolute discretion from the date of the incident of the removal as mentioned in the sale order, failing which, the buyer shall deposit such balance value with ground rent at the same rate mentioned elsewhere in the Terms & Conditions of the e-auction.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local Rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from INDIA or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

RANGI LALLS does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant RANGI LALLS the following world-wide, royalty free and non-exclusive license(s), as applicable:
  • With respect to Content you submit or make available for inclusion on publicly accessible areas of RANGI LALLS, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific purpose to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RANGI LALLS removes such Content from the Service.
  • With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RANGI LALLS removes such Content from the Service.
  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than RANGI LALLS, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the RANGI LALLS network of properties that are intended by RANGI LALLS to be available to the general public.

10. INDEMNITY

You agree to indemnify and hold RANGI LALLS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the GTC, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that RANGI LALLS may establish general practices and limits concerning use of the Service. You further acknowledge that RANGI LALLS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. MODIFICATIONS TO SERVICE

RANGI LALLS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with 15 days notice. You agree that RANGI LALLS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service provided such notice has been given to you.

14. TERMINATION

You agree that RANGI LALLS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if RANGI LALLS believes that you have violated or acted inconsistently with the letter or spirit of the GTC. RANGI LALLS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with prior notice of 15 days. You agree that any termination of your access to the Service under any provision of this GTC may be effected without prior notice, and acknowledge and agree that RANGI LALLS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RANGI LALLS shall not be liable to you or any third-party for any termination of your access to the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RANGI LALLS has no control over such sites and resources, you acknowledge and agree that RANGI LALLS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RANGI LALLS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. RANGI LALLS PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected or will be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RANGI LALLS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You agree not to access the Service by any means other than through the interface that is provided by RANGI LALLS for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT :

a.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RANGI LALLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.

RANGI LALLS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,

c.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RANGI LALLS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE GTC.

d.

TIME DEFINITION CLARITY & RESPONSIBILITY (i) TIME FOR ALL PURPOSES IN THE CONDUCT OF THE AUCTION SHALL DENOTE THE TIME AS REGISTERED IN THE RANGI LALLS EAUCTION SYSTEM. THE TIME AS DISPLAYED BY THE SYSTEM SHALL FOR ALL PURPOSES BE FINAL AND BINDING. (ii) ALL COMMUNICATION SHALL BE DEEMED TO HAVE BEEN COMPLETE AS AGAINST THE BUYER/SELLER AS SOON AS THEY ENTER THE RESPECTIVE PARTY'S SYSTEM RESOURCES. FOR THE PURPOSE, THE RESPONSIBILITY OF MAINTAINING THE SYSTEM'S RESOURCES AT THE PARTY'S END SHALL BE THAT OF THE PARTY CONCERNED.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RANGI LALLS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RANGI LALLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, please read the above Clauses 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. RANGI LALLS and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE

Notices to you may be made via either email and/or regular mail. The Service may also provide notices of changes to the GTC or other matters by displaying notices or links to notices to you generally on the Service.

22. GENERAL INFORMATION

The GTC constitute the entire agreement between you and RANGI LALLS and govern your use of the Service, superceding any prior agreements between you and RANGI LALLS. You also may be subject to Special Terms and conditions that may apply when you use affiliate services, third-party content. The GTC and the relationship between you and RANGI LALLS shall be governed by INDIAN laws without regard to its conflict of law provisions. You and RANGI LALLS agree to submit to the personal and exclusive jurisdiction of the courts located within the city of New Delhi, Delhi. The failure of RANGI LALLS to exercise or enforce any right or provision of the GTC shall not constitute a waiver of such right or provision. If any provision of the GTC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the GTC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the GTC must be filed within Six (6) Months after such claim or cause of action arose or be forever barred.

The auction shall be closed at the scheduled time as stipulated in each case unless it is extended by the process of auto-extension as explained in Clause 3.3 under BUYER SPECIFIC TERMS & CONDITIONS.

On expiry of the auto-extension period by the system, a message AUCTION IS CLOSED will be displayed which will be construed that the particular lot(s)/ auction is closed for bidding.

The clause titles in the GTC are for convenience only and have no legal or contractual effect.

23. AUTO CANCELLATION OF BUYER REGISTRATION

In case any Buyer fails to make the payment towards Registration Fees to RANGI LALLS within 30 days from the date of his registration, then the registration is automatically cancelled. He can, however, re-register himself for the purpose of paying Registration Fees and activate his account for participation in the forthcoming auctions.

24. AUTO DEACTIVATION

If any account is deactivated for non-compliance of any Terms & Conditions of the E-auction, then the registration fees for that account will stand forfeited. In case the same party wants to re-register himself, he shall be required to pay a penalty to be decided by RANGI LALLS Management. However, the acceptance of such re-registration fees shall be at the sole & absolute discretion of RANGI LALLS.

25. INTEGRITY PACT Applicable for Tender / Auction / e-Auction / e-Sale / e-Booking

26. VIOLATIONS

Please report any violations of the GTC to the Dealing Department.

27. Debarment / Black-Listing

The Seller and/or RANGI LALLS reserve the right to black-list, debar any bidder/buyer due to any act of omission or commission or fraudulent acts indulged or caused to be indulged by such bidder/buyer in the course of bidding process and/or in the execution or performance of any of the contracts which may be awarded to the bidder/buyer pursuant to the e-Auction, provided however, that the Seller and/or RANGI LALLS shall be obliged to allow an opportunity of being heard to such bidder/buyer before any order of black-listing/debarment could be passed. Any such order of black-listing/debarment that may be passed by the Seller and/or RANGI LALLS shall be without prejudice to other right of actions available to the Seller and/or RANGI LALLS against the bidder/buyer under the e-Auction Terms & conditions.

28. SPECIAL TERMS AND CONDITIONS

NOTE:-

A. As per Notification No.36/2017 Central Tax (Rate) dated 13-10-2017 and Notification No.37/2017 Integrated Tax (Rate) dated 13-10-2017, Principal/Seller being Govt. Unit, so GST and Cess on Goods will be deposited by Buyer under Reverse Charge Mechanism

B. Principal/Seller has to collect the true copy of GST Certificate from Registered Buyers before delivery of goods to them

i) The GST as applicable on the date of delivery shall be paid by the successful bidder and the GST and Cess on such goods shall be paid on Reverse charge basis by the registered recipient.

ii) The bidders shall be sole bye responsible for remitting the GST as per the DO and any statutory liability in this regard will be the responsibility of the successful bidder and no liability what so ever shall be borne by the seller/RANGI LALLS.

iii) By bidding in the e-auction, it is constructed that the successful bidder(s) have fully understood the Special terms and condition of the e-auction read along with the GENERAL TERMS & CONDITION & BIDDER TERMS & CONDITION and agreed the same in to.

C. The Goods & Service Tax (GST) is implemented with effect from 01st July 2017 in India. Accordingly, VAT / Sales Tax will be discontinued and these taxes will be subsumed to GST. GST will be payable on all goods (whether scrap or otherwise). Hence all Buyers / Bidders having VAT Registration (TIN) need to register with GST for continuing transactions. Copy of certificate mentioning GST Registration Number needs to be submitted with the respective office of RANGI LALLS (from where Registration was done) for updating Buyer Registration details. RANGI LALLS / Seller will not be able to issue any Sale Order / Delivery Order / Invoice, etc. wherever GST Registration Number is not updated. Further the existing VAT / Sale Tax Rate shall be replaced by GST Rate. Wherever GST Registration Number is not updated. Further the Service Tax Rate on Service Charge Bill, shall be replaced by GST Rate and differential tax, if any, will be required to be paid by Principals / Sellers.

PLEASE NOTE: THE AUCTION CATALOGUE ON THE WEBSITE SHOULD BE TREATED AS FINAL AND BINDING.

D. The buyer will not be required to deposit the EMD for those lots which fall under the category of STA.

E. All the bids which are kept Subject to Approval (STA) shall be kept valid for a period of ninety days from the date of Auction. Rangi lalls shall not be responsible or liable for any such delays in decision by the seller.

F. Only when the lot is approved by the Principal, will a mail be fired by our portal to the buyer to submit the requisite EMD within a period of 7 days from the date of approval. ALL CONTRACTS/TRANSACTIONS ENTERED INTO BY THE BUYER/BIDDER ARISING OUT OF THIS E-AUCTION SHALL BE GOVERNED BY THE INTEGRITY PACT AVAILABLE ON OUR WEBSITE - Any discrepancy should be intimated to RANGI LALLS / Seller at least one working day prior to the e- auction. No complaint from any bidder thereafter, regarding any variation will be entertained after the e-auction goes on live floor. "ALL SALES ARE ON 'AS IS WHERE IS BASIS". HENCE, ALL SALES WILL BE TREATED AS LOCAL SALES ONLY.

G. Pre Bid EMD of unsuccessful bidders will be refunded after completion of e-auctions. Pre Bid EMD of successful bidders will be refunded after receiving the Post bid EMD. In case, post bid EMD is not received, Pre Bid EMD will be forfeited. EMD amount is to be submitted only after the status of lot is made clear i.e. rejected or accepted. No need to pay EMD if LOT status is rejected.

NOTE: PAYMENT CLAUSE: In case the date of submission of payment happens to fall on a Public Holiday, the next day shall be considered as the date of submission of payment.

NOTE: BUYERS HAVE TO INSPECT THE MATERIAL THOROUGHLY AND SATISFY THEMSELVES ABOUT THE NATURE , HAZARDOUS/EXPLOSIVE PROPERTIES, IF ANY, BEFORE SUBMITTING THE BID. IN CASE THEY COME ACROSS ANY MATERIAL BEYOND THE SCOPE OF THE DESCRIPTION OF MATERIAL, IT SHOULD BE INFORMED TO SELLER/RANGI LALLS. RANGI LALLS WILL NOT BE RESPONSIBLE FOR ANY COMPLAINT IN THIS REGARD.

THOUGH A FACILITY IS PROVIDED TO BIDDERS TO SELECT A CATEGORY IN THE LIVE AUCTION FLOOR, HOWEVER,BUYERS,IN THEIR OWN INTEREST ARE ADVISED TO GO TO LIVE E AUCTION FLOOR, AFTER SELECTING "ALL CATEGORIES". RANGI LALLS WILL NOT BE RESPONSIBLE FOR ANY OVERSIGHT IN SELECTING THE CATEGORY IN LIVE E AUCTION/LOT ON THE PART OF BIDDERS/BUYERS"

29. The Following Terms and conditions supersedes the General Terms and conditions (GTC)

1. Definitions: The term RANGI LALLS means the selling agents of stockholder and when the context so admits their successors and assignee and any officers acting for them. The stockholder means the OC of concerned depot of Seller for the time being and when the context so admits any office/member acting for him. The 'buyer' means the person, firm or company with whom RANGI LALLS/Stockholder concludes the contract for the e-auction, and where the context so permits, includes his person or representative(s) and permitted assignees.

2. Condition of Goods: The goods are sold on as is where is basis. They shall be removed by the buyer with all faults and notwithstanding any errors or misstatement of description, measurement, quantity, weight, enumeration or otherwise and without question on the part of buyer, and no claim shall lie against RANGI LALLS/ Stockholder for compensation nor shall allowance be made on account of any such faults, misstatements or errors, although the part of same may be of a considerable nature. In particular the description of the goods may be identical with or similar to description of the goods of some previous sale by e-auction but no reliance must be placed on any such description. The buyer should satisfy himself thoroughly as to what is offered for sale before submitting his e-auction bid, and may inspect the goods prior to bidding and shall be deemed (whether or not such inspection shall have in fact taken place) to have had noticed all defects and faults whether rendering the goods un-merchantable or otherwise and which he might have discovered on inspection and he shall not be entitled to any compensation on account thereof. Nor

shall any part to this contract be entitled to claim or otherwise if the goods sold are not available by reasons of not being at the specified place and the contract shall stand cancelled. No complaint will be entertained and no reliance must be placed on any description.

3. Risk: The Goods shall remain in every respect at the risk of the buyer from the date of acceptance of his offer by the RANGI LALLS/ Stockholder, and RANGI LALLS/Stockholder shall not be under any liability for their safe custody or preservation from that date.

4. Payment Terms:

(i) The bidders shall submit Earnest Money Deposit(EMD) within 7 days of acceptance of bid by Seller for SOLD lot. Upon issue of the sale order the EMD will be converted into Security deposit and shall be adjusted in the final payment. In case of non fulfillment of the contractual obligation, the security deposit will be liable to be forfeited by Seller.

(ii) In case EMD has not been submitted within 7 days, the buyer has the option to submit full payment for the sold lots within 17 days. In case only EMD payment is received after 7 days but before 17 days, Sale Order shall not be issued and the amount shall be withheld with Rangi Lalls/Seller till 17 days pending receipt of balance payment. In case balance payment is not received within the stipulated payment period, the EMD amount shall be refunded to the buyer and their login will remained deactivated as per rule.

(iii) LATE PAYMENT PENALTY (ONLY FOR LOTS WHERE SALE ORDER HAS BEEN ISSUED): If the payment is not made within the free payment period mentioned in the Acceptance Letter/Sale Order, the payment may be accepted up to a period of 2 (two) weeks from the due date of payment, on payment of late payment penalty @ 1% per week on the total sale value. Acceptance of payment beyond the late payment period of two weeks shall be at the sole discretion of Seller.

(iv) After communicating acceptance of the bid or on receipt of communication of its provisional acceptance in cases of lots in which decisions are held in abeyance, the bidder concerned fails to pay the requisite earnest money for the bid within 7 days of communication of acceptance of the bid, the sale shall stand cancelled and the lot re- auctioned and in such cases the concerned bidder shall be liable to make good all losses suffered and expenses incurred due to or on account of the re-auction of stores without prejudice to the rights of the Government to take such other action as may be authorised by law. DD/PO issued/drawn on Co-operative Bank will not be accepted.

(v) Payment of not less than 20% (Twenty percent) of the amount of the bid shall be made as earnest money after closure of the auction and acceptance of the bid. The auctioneer may, however, without assigning any reasons, demand as earnest money, higher percentage up to the full amount of the bid immediately after closure of the auction and in doing so he shall in all cases act in accordance with the directions given by the RANGI LALLS/Stockholder or his representative.

(vi) ALL Buyers deposit their service charge to RANGI LALLS as per sale order & balance payment as per sale order/in favour of demand draft payable with Public Fund Acct No as mentioned by Seller within 10 days of sale by Demand Draft/Pay Order . If the buyer fails to make payment for the balance sale value by the stipulated date, the period for such payment may be extended by the RANGI LALLS/Stockholder or his representative at their discretion at the rate or 1% of the sale value per week part thereof on default, to a maximum period of two(2) weeks only.

(vii) In the event of failure for the payment of balance sale value of any lot purchased by a bidder, within the stipulated period, the sale of such lot shall be cancelled. The earnest money if paid will be treated as accounts deposit and shall be forfeited and the lots shall be re-sold without any notice to the bidder as and when RANGI LALLS/ Stockholder thinks best, and any loss incurred on such resale shall be recovered from the bidder. RANGI LALLS/Stockholder shall in addition be entitled to recover form the bidder costs of storage, Warehousing or removal of the lot and any expenses incurred in or in connection with its resale or attempted resale, any gain on any resale as aforesaid shall belong to Government.

(viii) In all cases dues under any provincial/local law shall be payable by the purchaser (exclusive of the sale value) to RANGI LALLS by Demand Draft/Pay Order on a branch of a Public Sector Bank, along with the balance sale value, exclusive of the 20% EMD which may have already been submitted, before he shall be entitled to remove the goods. Any Octroi Duty, wherever payable upon the sale of the goods, shall be paid by the purchaser to RANGI LALLS by Demand Draft/Pay Order, in addition to the price of the goods sold. Any other tax due in respect of the sale under any law for the time being in force shall be payable by the purchaser in addition to the price.

(ix) For all payments submitted with RANGI LALLS , Delivery Order shall be issued based upon which delivery of the material can be undertaken by the bidder. Form 'C' will not be accepted.

5. DELIVERY: Removal of stores by bidder- The goods sold should be removed by the buyer fom the position where they lie as per the location, and without packing unless this is specifically stated in contract. If defaulter challenges the decision of the Government then in addition to forfeiture of earnest money the Govt. reserves right to re-sell the goods at the risk and cost of defaulter and recover the loss suffered in re- sale, ware-house charges and any other expenditure incurred in sale or attempted sale. (a) The goods sold will be removed by the buyer from the site of accumulation within the period specified in the Delivery Order. Such a period will not be more than 30 days from the date of issuance of the delivery order. Deliveries will be made only during working hours on all working days. The purchaser will make his own arrangements for transport and he will not be entitled to claim and facilities or assistance for transport from RANGI LALLS/Stockholder of his representative of the stockholder. Should the original buyer wish to take delivery of the stores purchased through a representative, he must be presented to the officer in whose charge the stores are held along with an authorization letter from RANGI LALLS/Identity Card holder. Such officer at his discretion declare to act on any such authority and it shall be the responsibility of the buyer to satisfy such officer that the authority is genuine. Delivery by proxy will be at the purchasers sole responsibility and no claim shall be against Government of any account whatsoever, if delivery is effected to wrong person reporting to give his authority.

6. Failure to pay price: In case the buyer makes default in payment of any goods in accordance with the contract, the RANGI LALLS/Stock holder will forfeit his earnest money and re-sell the goods in the manner it thinks best.

7. Failure to take delivery after payment : If the buyer having paid the full amount of his purchase money failed to remove the goods by the date or dates specified in the tender Delivery Order, RANGI LALLS/Stockholder may keep the goods at the buyers risk and recover from the buyer compensation at the rate of 2% per day of the original sale price of the lot or lots of portion thereto if failure to take delivery of the goods or any part thereof from the last date given for removal of goods to the date of final removal of the goods. If the goods are not claimed within two weeks of the date of delivery, Govt. may sell the same without further notice as and when they think best and recover the cost of the sale at its option, and treat the default as a breach of contract and cancel the contract.

8. Recovery of sum due : Whenever any claim for the payment of sum of money arises out of or under this contract against the buyer RANGI LALLS/Stockholder shall, without prejudice to any other remedy, be entitled to deduct it from the proceed of such re-sale or to appropriate the said security deposit in whole or in part and in the event or the Security being insufficient the balance may be deducted from any sum then due or which at any time hereafter may become due to the buyer under this or any other contract with RANGI LALLS/Stockholder and if this is not sufficient, the buyer shall pay balance to RANGI LALLS/Stockholder on demand.

9. Damage: The buyer shall make good all damages which may be caused to any property of govt. or to any other person by any act of default by the buyer, his agents, or servants, in connection with the removal of any of the good, or commission to take necessary precautions provided that RANGI LALLS/Stockholder may, at its option, make good such damage and charge the buyer with the expenses thereof.

10. Corrupt Practice : Any bribe, commission, gifts or advantage given/promised or offered by or on behalf of the buyer or his partner, agent or servant or any one on his or their behalf (whether with or without) the knowledge of the buyer to any officer, servant, representative or agent of RANGI LALLS/Stockholder in relation to the obtaining or to the obtaining or to the execution of the above, or any criminal liability which he may incur, subject the buyer to the cancellation of this and all other contracts and also to the payment to RANGI LALLS/Stockholder in relation to the obtaining or to the execution or this or any criminal liability which he may incur, subject the buyer to the cancellation of this and all other contracts and also to the payment to RANGI LALLS/Stockholder of any loss resulting from any such cancellation. RANGI LALLS/Stockholder may at any time terminate this contract if the buyer is an adjudicated insolvent or enters into any arrangement with creditors or being a company it wound up voluntarily or otherwise, unless it be for purpose of reconstruction, and recover from the buyer the loss resulting there from.

11. Assignment or sub-letting of contract : The buyer shall not assign or sub-let this contract or any part thereof without the written permission of the RANGI LALLS/Stockholder and even if permitted to do so shall remain liable towards fulfillment of the contract.

12. Arbitration clause : All question arising out of any contract resulting in acceptance of any e-Auction terms not expressly provided for in the preceding clauses shall be referred to the sole arbitrator who will be an officer of ministry of Law to be nominated by the Secretary, Ministry of Law and appointed by the President. There will be no objection to any such appointment that the person appointed is government Servant, that had to deal with the matters to which the agreement related and that in the course of his duties as such government servant has expressed views on all or any of the matters in dispute or difference. The award of such arbitrator shall be final and binding on the parties. It is a term of this agreement that in the event of such arbitrator to whom the matter is originally referred, being transferred or vacation of office by resignation or otherwise or being unable to act for any reason, President

Last Updated : 08-Apr-2024 Version : 1.2