MUMBAI PORT TRUST DOCKS
Sale of uncleared goods by e–Tender cum e-Auction
e-Tender cum e-Auction Sale No. 07 E.M.D. LOTS INCLUDING Perishable & Time Sensitive
due on 28.04.2015
Bidding time on M/s.e-Procurement Technologies Ltd.,
Website “https://mbpt.procuretiger.com/EPROC/”
From 1100 Hrs. to 1500 Hrs.
NOTE:
Sale of uncleared / unclaimed cargo will be done by e-Tender cum e-Auction simultaneously on internet. eTender cum e-Auction will be conducted by M/s. e-Procurement Technologies Ltd. having their Office at A 201, Wall
Street-II, Opp-Orient Club, Near Gujarat College, Ellis Bridge, Ahmedabad – 380 006 and Mumbai Office at
Unit No.16-17, Goradia Industrial Estate 3A, Opp. Eco Fitness Gym, Udyog Nagar, Goregaon West,
Mumbai - 400 062 on behalf of Mumbai Port Trust. Interested buyers who wish to participate in MbPT e-Tender cum
e-Auction are required to get themselves registered with M/s. E-Procurement Technologies Ltd. For details, kindly visit
M/s. M/s. e-Procurement Technologies Ltd. website https://mbpt.procuretiger.com/EPROC/ alongwith your E-mail
address. Temporary permits to enter docks shall be issued from the office of the Sr. Asstt. Traffic Manager, Dock Entry
Permit Section. The bidders shall give their bids for the lots on M/s. E-Procurement Technologies Ltd. e-Tender cum eAuction website within the bidding time as indicated above.
TERMS AND CONDITIONS
GENERAL:
A
B
The bidders who have deposited EMD only will be allowed to participate in the e-Tender cum e-Auction for a particular lot.
The payment of EMD displayed in the sale list must be made lot wise by way of Pay Order / Demand Draft on any
scheduled bank in favour of "TRAFFIC MANAGER, MUMBAI PORT TRUST" payable at Mumbai and the same should be
deposited with the e-Auctioneer, M/s. M/s. E-Procurement Technologies Ltd. on or before 1700 hrs. on 27.04.2015.
C
EMD of the highest bidder will be adjusted.
D
The EMDs of the unsuccessful bidders will be directly returned by the e-Auctioneer to the bidders on the following day of
the intimation of the confirmation of sale by the e-Auctioneer/MbPT.
E
No interest will be paid on the amount deposited towards EMD / SD.
1
All lots will be sold on Lot basis except those mentioned as specifically on Weight basis.
2 (a)
The detailed list of lots of each e-Tender cum e-Auction will be available on M/s. e-Procurement
Technologies Ltd., e-Tender cum e-Auction website https://mbpt.procuretiger.com/EPROC/, 15
days prior to the date of e-Tender cum e-Auction sale or as per the time schedule indicated on the
website. Copies of e-Tender cum e-Auction sale list will also be available with the Book Keeper,
MbPT, First Floor, O.S.C. Opp. G.P.O. P.D'mello Road, Mumbai, @ Rs.30/- per copy on all working
days between 10.30 a.m. & 3.30 p.m.
(b)
All lots will be opened for bidding in e-Tender cum e-Auction simultaneously from 1100 hrs to 1500
hrs. The intending bidders may put their offer by e-Tender cum e-auction during this period.
(c)
The e-Tender offer once set can't be deleted or modified. There is only one chance for e-tender bid
for any lot and for any bidder.
(d)
The bidder who have paid EMD for a particular lot to participate in e-Tender-cum-e-Auction will only
be allowed to participate in the e-Tender or e-Auction or in both.
(e)
The highest bid received in e-Tender or in e-Auction will be accepted as final highest bid for
confirmation of lot in the e-Tender cum e-Auction.
3
The starting bid price will be 10% of assessed value (rounded of to next Rs.10) instead of Re.1/-.
The incremental bid in respect of lots with assessed value upto Rs.1 lac will be in multiplies of
Rs.10/-, that those in respect of assessed value between Rs.1 lac and Rs.10 lac will be Rs.100/and that in respect of assessed value above Rs.10 lac it will be Rs.1000/-.
4
Offers given on the basis of specified criteria indicated in the e-Tender cum e-Auction sale list will
only be accepted. If the offer is called for on weight basis indicating rate (assessed price) per M.T.
then the offers will be accepted on the weight basis only. If it is on the lot basis the offer will be
accepted on the same basis. Offers received on the basis other than specified criteria for the lot will
be summarily rejected. Offer received without indication of any basis e.g. Lot, Weight etc., will also
be rejected.
5
Conditional offers will not be accepted / entertained.
6
In accordance with section 3.1(C) of the revised scale of rate effective from 18.02.2015, the
successful bidder will get 15 free days from the date of confirmation of sale by MbPT /
M/s. e-Procurement Technologies Ltd for taking delivery of the goods.
1
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7 (a)
(b)
(c)
For goods sold "on the spot"
For goods sold on the spot, the successful bidder shall pay 30% of Sale Price as Security Deposit
within 4 working days following the date of confirmation of sale by the e-Auctioneer. The bidder has
to pay balance sale price within next 6 working days and take delivery of the goods within 15
working days from the date of confirmation of sale.
For goods sold "subject to confirmation"
In respect of offers accepted subject to confirmation, the bidder shall have to pay 30% of the sale
price as security deposit within 4 working days following the date of intimation confirmation. Both
the intimation of acceptance for subject to confirmation of offer and actual confirmation will be
made by the e-auctioneer by e-mail. The purchaser has to pay balance sale price within the next 6
working days and take delivery of the goods within 15 working days from date of confirmation.
The payment of both Security Deposit as well as the balance payment as per clause 7(a) & (b) must
be made by way of P.O./D.D of any scheduled bank in favour of “TRAFFIC MANAGER, MUMBAI
PORT TRUST “, payable at Mumbai and should be deposited with the Book-keeper, MbPT, O.S.C.
Bldg., (1st floor), Opp. GPO, P.D’Mello Road, Mumbai – 400 001, between 10.30 a.m. and 3.30 p.m.
on week days and between 10.30 a.m. and 1.00 p.m. on Saturdays.
(NOTE : (i) The abovementioned payment and delivery time will be counted from the date of
confirmation of sale by M/s. E-Procurement Technologies Ltd. by e-mail. Hence bidders must keep a
watch on their incoming e-mail. Hard copy of the Intimation Letter / Acceptance Letter will be
issued by M/s. E-Procurement Technologies Ltd. by Speed Post / Courier to the successful bidders
only for the purpose of record and non-receipt or any delay in receipt of Hard Copy of Intimation
Letter / Acceptance Letter will not be considered as the ground for extension of time for making
payment of Security Deposit/Sale Price. Bidders should therefore contact M/s. E-Procurement
Technologies Ltd., office personally next day after closing of e-Tender cum e-Auction for collecting
the Hard Copy of the Intimation Letter / Acceptance Letter, if they so desire. (ii) The mode of
payment will be strictly as mentioned in Clause No.7 (a) & (b) above.
8
The Purchaser shall effect delivery of the goods within the period specified at 7(a) & (b) above. The
goods will be allowed to be cleared on expiry of free period, on payment of demurrage which shall be
recovered at the rate of Rs.200/- per tonne per day. Extension of time limit shall however be
restricted to 20 calendar days following the date of confirmation of sale. The bidder will have to pay
demurrage charges beyond free period of 15 days. B/E will be made Custom out of charge by MbPT
on payment of balance sale price by purchaser. The Bidder can claim refund of EMD and SD
alongwith Balance Sale Price incase B/E is not made out of charge by Customs. The bidder can ask
for withdrawal of offer and claim for the refund of EMD , Security Deposit alongwith Balance Sale
Price in case the BE is not made Out-of-Charge by Customs within 7 days from the date of
presenting the BE to Customs.
In case, if the out of charge Bill of Entry is received from the Customs after 7 days of its submission
to Customs, the successful bidder can take the delivery of the lot on payment of demurrage thereon
@ Rs. 200/- per tonne per day. In case, if out of charge bill of entry is not received from Customs
within 7 days of its submission to Customs the successful bidder may apply to the Dy. Traffic
Manager, Auction Sale for refund of Security Deposit and Balance Sale Price on the immediate next
working day after the expiry of the period of 7 days mentioned above or before the receipt of out of
charge bill of entry from Customs. Once the out of charge bill of entry in respect of the lots sold is
received by Sales Branch from Customs, application for refund of EMD, Security Deposit and
Balance Sale Price from the successful bidder thereafter will not be entertained on any ground as
immediate disposal of uncleared / unclaimed goods from its premises is of prime interest to MbPT.
9 (a)
In case the successful bidder pays the Security Deposit (30%) but fails to pay the balance sale price
alongwith applicable duties and taxes within the 10 working days following the date of confirmation,
the sale shall stand cancelled and EMD and the security deposit forfeited. However, if the successful
bidder fails to deposit security deposit as stipulated in condition No. 7 ( a ) (i.e. 30%) above, the
registration of the bidder will be cancelled forfeiting the registration fees, thereby debarring him from
participating in future e-Tenders cum e-Auction, besides forfeiting the EMD. In case of lots sold
subject to confirmation by Traffic Committee; if the successful bidder fails to pay 30% Security
Deposit as mentioned in condition No. 7 (b), then the EMD will be forfeited and the sale would stand
cancelled.
The Re-registration of bidder will be allowed on the first occasion with payment of registration fee of
Rs.10000/- to the auctioneer and 10% bid price to the MbPT. Similarly on second occasion too,
bidder will be allowed to re-register with the same condition, but he will be debarred on third
occasion.
Representatives of firms debarred will also be debarred to participate in e-tender-cum-e-auction in
any other name of any other new firm that will be registered in future and the Dock Entry Permit, if
any, issued to the representatives of the old firm shall automatically stand cancelled and fresh Dock
Entry Permit will not be issued to them in future for the default
Offers received in respect of lots sold subject to confirmation shall remain open for a period of 45
days from the date of sale. If the offer is withdrawn within 45 days, EMD and the Security Deposit
paid will be forfeited. In case the sale is not confirmed within 45 days, the purchaser if he so desires,
can withdraw his offer at any time before confirmation of sale and seek refund of EMD and the
security deposit. However, he shall have no right to withdraw his offer once the sale is confirmed. If
the offer is withdrawn after the confirmation of sale, EMD and the Security Deposit will be forfeited.
(b)
(c)
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10
The delivery order alongwith custom out of charge Bill of Entry shall be issued to the successful
purchaser by the Sales Branch, MbPT. The successful purchaser shall produce the said delivery
order to the Book Keeper, MbPT, and obtain endorsement on the Delivery Order confirming receipt
of full Sale Price. The successful purchaser shall get the delivery order duly audited and thereafter
approach the Shed/ Warehouse for effecting delivery of goods.
11
For delivery of lots, particularly those sold on weighment basis, purchasers are requested not to wait
for the last free date to effect delivery as no extension of time will be allowed for any delay on
account of departmental formalities, eg. Payment of price for additional quantities ascertained at the
time of weighment. Goods shall be weighed under the supervision of MbPT Auditors.
12
For all the goods sold subject to mutilation and fumigation and allied Customs / Pollution Control
Board formalities, any other permission / licence as required by the respective enforcement
authority should be produced by the intending purchaser to Sale Branch. In case of liquor
consignment, photocopies of FLL-I or any other certificates/documents as applicable, duly attested
by Excise authorities, should be produced to the Sales Branch. Offers without such documents are
liable to be rejected. Lots subject to NOC from Plant Quarantine Authority (PQA) may be required to
be fumigated by the purchaser before delivery, if directed by PQA. Free period of 30 calendar days
ONLY will be allowed for completing all formalities following the date of confirmation of offer. In
these cases, the Purchaser shall make payment of the bid amount as stipulated in Condition No. 13
(a) & (b) below. If these formalities are not completed within that period, the purchaser will be liable
to make payment towards warehouse rent @ Rs.200/- per tonne per day from the 31st day following
the date of confirmation of offer till 45th day. The EMD, Security Deposit and / or Balance Sale
Price will be forfeited and sale cancelled, if the Purchaser fails to complete the formalities and effect
delivery of the lots upto 45th day following the date of confirmation of the sale. However, Traffic
Manager at his discretion can extend the period depending upon the volume of lot.
12(a)
Even if the sale conditions mentioned besides either incorporated in the Sale list or after sale of the
lot by the Customs, the lot will qualify to get 30 calendar free days for fulfilling the condition. It will
be the responsibility of the purchaser / bidder to get the clearance from these statutory authorities
within 30 days, whereafter from 31st day from date of confirmation of the sale, demurrage will
accrue. If the lot is ultimately certified as unfit / not cleared for home consumption, then the EMD
/ SD and balance sale price if any, paid by the bidder /purchaser will be refunded otherwise the
same will be forfeited. The cost if any, to obtain clearance from the above authorities to be borne by
the purchaser / bidder.
13
All goods sold subject to approval / NOC of Asstt. Drug Controller/FSSAI/Plant Quarantine
Authority shall be referred to the respective authorities by MbPT for obtaining fitness of the goods
within 30 calendar days following the date of sale. In these cases the purchaser shall make payment
of 30% sale price as Security Deposit and balance sale price as per the following schedules.
(a)
Goods sold on the spot
(i)
30% of the sale price as Security Deposit within 4 working days from the date of confirmation of
sale by M/s. e-Procurement Technologies Ltd., subject to Approval of ADC/ FSSAI /PQA.
(ii)
Payment of balance sale price within the next 6 working days following the date of intimation to the
bidder by MbPT of the Approval of lot by ADC / FSSAI / P.Q.A.
(b)
Goods sold subject to confirmation by Traffic Committee / Dy. Chairman Committee
(i)
(ii)
30% of the sale price as Security Deposit within 4 working days from the date of confirmation of
sale to the bidder by MbPT of Approval of the lot by Asstt. Drug Controller/ FSSAI /Plant
Quarantine Officer.
Payment of balance sale price within next 6 working days following the date of intimation to the
bidder by MbPT of the Approval of lot by ADC / FSSAI / P.Q.A.
Note : In case approval of ADC / FSSAI / PQA is not received upto the 30th day following the date of
confirmation of sale purchaser shall pay demurrage charges from the 31st day till the date of receipt
of approval, if he wishes to take the delivery of the lot. However, the purchaser, if he so desires, can
withdraw his offer after the 30th day following the date of confirmation of sale but before the receipt
of approval of ADC / FSSAI / PQA. He shall have no right to withdraw his offer and claim refund of
the EMD, Security Deposit and Balance Sale Price, if any in respect of the lot sold to him, once
approval of ADC / FSSAI / PQA is received in respect of the same lot.
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14
To ensure that consignments of bulk drugs are sold to only actual users i.e. Manufacturers holding
valid manufacturing licence under Form 25 or 28 with valid permission for the usages of said bulk
drugs in its formulations, the bidders should produce the following documents in original or copy
duly certified by ADC, Mumbai to Sales Branch upon confirmation of acceptance of offer subject to
production of the said licence.
(i)
Copy of their licence for manufacturing the specific product, duly certified by Asstt. Drug Controller,
Mumbai, for which offers are given.
(ii)
In case of drug consignments, such as Citric Acid, Propolyne Glycol, Tartaric Acid, Glycerin, Sodium
Saccharine, Potassium Permanganate etc. which may be found fit for medicinal use by the Asstt.
Drug Controller, offers will be entertained from the actual users only and while giving the offers at
the time of e-Tender cum e-Auction they should fulfill the condition stipulated under condition
No.14 above. The above drugs can be sold for non-medicinal use also subject to NOC from Asstt.
Drug Controller. In this case, the actual users’ condition will not be applicable. The delivery of such
lots will be given after obtaining NOC from Asstt. Drug Controller, after marking, “NOT FOR
MEDICINAL USE” on the packages and deletion of pharma standard, if any, in the presence of
Asstt. Drug Controller’s representative. The purchaser shall have to give declaration that the
material will be used for non-medicinal purpose only.
15
The lots consisting of food grains, Pulses, Dry Fruits etc. which have been certified unfit for human
consumption by the FSSAI and listed for sale as cattle feed shall be sold to the manufacturer of
cattle feed registered with the FCI. In this case, successful bidders shall produce the original
registration certificate with FCI to the office of Sales Branch for verification prior to issue of Delivery
Order. The purchaser shall also furnish an undertaking that the material will be used for cattle
feed, only after testing at his premises. In case the material is found unfit for cattle feed the same
will be destroyed by the Purchaser at his own cost.
16
All the goods sold by Auction sale lie at the sole risk of purchaser from the date of confirmation of
sale either "On the Spot" or "STC" until the goods are cleared by the purchaser.
17
The Traffic Manager reserves the right to withdraw any lot or part thereof from sale including those
sold subject to confirmation even though only confirmation of ADC/ FSSAI /PQA or Fumigation will
be pending at any time without assigning any reason.
18
Sale of uncleared and unclaimed goods shall be subject to such other conditions as may be specified
from time to time in accordance with the prevalent rules, regulations etc. applicable to the Mumbai
Port Trust.
19
Lots should be inspected by the intending purchaser before making an offer and lots will be sold on
‘AS IS WHERE IS BASIS’. Once an offer is accepted, purchaser will have to take delivery of the goods
notwithstanding 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 whatsoever of the
goods will be allowed.
Qualities, sizes, measurements, numbers and weights stated are approximate. No sale shall be
invalidated by reasons of any defects or faults in any of the lots or on account of 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.
20
Temporary permits to enter the docks shall be issued from the Office of the Asstt. Traffic Manager,
Permit Section.
21
Should the original purchaser, whose offer has been accepted, wishes to take delivery of the goods
through a representative, he must authorize the representative by a letter of authority. Delivery by
proxy will be at the purchaser’s own responsibility and risk and no claim shall lie against the
Trustees on any account whatsoever, if the delivery is taken by the wrong person.
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22
No claim for damage or for losses of any kind will be entertained, on any account, whatsoever.
23
Purchasers, offering for cotton yarn only, will be required to submit certificates from the Textile
Commissioner or any other competent authority to the effect that they are actual users. Since other
yarn consignments are under OGL, actual user condition will not be insisted upon from the
purchaser
24
For the purpose of removing the materials, the successful Bidder shall employ or engage only
his/their own personnel and shall keep MbPT fully indemnified against any claims whatsoever
including for wage, injuries, compensation, death etc.
25
While removing materials, if any accident or damage to the property/life etc. arises by reason of any
act of negligence/omission/default or non-compliance with any of the Terms and Conditions of
statutory regulations or rules and regulations applicable within MbPT premises, on the part of the
Bidder/his representative or employees resulting in death or injury to any persons or damages to
the property of MbPT or any third party then in such an event the Bidder will have to pay
compensation to any such person including the employees of MbPT for such injury / for damage to
person’s property of such persons. The Bidder shall in such an event keep MbPT indemnified from
any demand, claims or proceedings made.
26
The rate of Octroi and Value Added Tax are indicated in auction and tender sale list. Purchaser
interested in buying the lots should carefully go through rates indicated against each lot and in case
of any error / discrepancy in the Value Added Tax rate or the octroi rate the intended purchasers
are requested to inform the office of the Deputy Traffic Manager,
Auction Sales before
commencement of bidding process on internet. No changes in the rate of tax will be entertained once
the sale is concluded. Municipal Octroi and Value Added Tax wherever due are payable separately
by the successful purchaser in addition to the purchase price. These amounts shall be paid at the
time of payment of balance price.
27
28
Wherever the goods are sold on lot basis the delivery will be given as per prescribed units.
In case the containerised cargo lying in containers the delivery will be allowed to the purchaser
under the supervision of MbPT Valuer and only material as per declaration will be delivered.
29
Under the e-Tender cum e-Auction procedure all the relevant information be obtained on
M/s. e-Procurement Technologies Ltd. website or Notice Board of Sales Branch.
30
Any consignee / owner / vessel agent/ slot agent / notify party / CHA and others who have a stake
in the goods shall not be allowed to participate in the auction of those goods.
31
For the lots sold subject to confirmation, if importer makes request for cancellation of the sale, the
request shall be permitted by Dy. Traffic Manager, Auction Sale on importer making payment of all
Port Trust charges till the date of such payment plus further charges for one month and upon such
payment purchaser’s EMD will be returned forthwith cancelling the sale.