Serial No.EA-13/2017-2018 Date of issue: 16.01.2018
UNDER INSTRUCTIONS FROM
THE TINPLATE COMPANY OF INDIA LIMITED
4, BANKSHALL STREET, kolkata-700 001
A. H. BILIMORIA & COMPANY
(AUCTIONEERS)
71, Park Street, (4th Floor), Flat No. 4F, Kolkata-700 016
Phone: 2229-4833/6577/2760 FAX: 2217-7378 e-mail:
WILL SELL BY E-AUCTION AT
www.ahbilimoria.com
On Thursday, the 18th January, 2018
Starting at 12.00 PM
Inspection at Jamshedpur: On 16th January’18 from 02.30 PM to 04.00 PM 17th January’18 from 09.00 A.M. to 12.00 Noon & 02:30 PM to 04:00 PM.
ELIGIBILITY FOR ATTENDING AUCTION:
1. For obtaining Entry Permits & other details, the interested purchasers are requested to contact the Auctioneers, M/s. A. H. Bilimoria & Company by 16.01.2018 & 17.01.2018 on working days (from 11 A.M. to 1 P.M.) excluding holidays and Saturdays along with certified copies of Sales Tax Registration Certificate, latest Income Tax Clearance Certificate, valid Trade Licence and an authorisation letter issued by his firm bearing the attested signature of the representative who will attend auction.
2. The discretion to refuse Entry Permit to any person without assigning any reason whatsoever vests with the Tinplate Company.
3. No gate pass will be issued after 11.00 a.m. on 17.01.2018
N.B. Inspection of the stores will not be possible on the date/dates of the Auction. Inspection of materials will be permitted on the specified date or dates during working hours only.
The Prospective bidders should be required to inspect all the stores thoroughly. In case any discrepancy is found against any of the lots lying at the works the same should be brought to the notice of the Company in writing immediately. This is extremely essential as no claim would be entertained with regard to any such discrepancy at a later stage after the materials are sold.
IMPORTANT: ONLY DEMAND DRAFT / PAY ORDER OR CASH WILL BE ACCEPTED.
NO CHEQUES WILL BE ACCEPTED
1. Drafts and pay orders will be made in the name of ‘THE TINPLATE CO. OF INDIA LTD’ and drawn only on Kolkata Banks and Cash will be accepted, only upto 2 P.M. on working days.
Please visit us at: http://www.ahbilimoria.com
Rights of admission Reserved by Auctioneers / Company
Terms and Conditions of Sales by Auction
1. The materials per description given below will be sold F.O.R. Golmuri, Jamshedpur strictly “as is where is basis’’ i.e. as and where the materials may exist at the time of sale in all respects and in accordance with the company’s terms and conditions of business.
2. The company shall also not be liable for any deterioration/damage in the quality, condition, composition and nature of the stores which shall be entirely at the risk of the purchaser from the time of sale wherever howsoever caused or occasioned.
3. Interested parties may inspect the materials at the TCIL’s Works at Jamshedpur on 16.01.20187 from 02.30 pm to 04.00 pm & 17.01.2017 from 09.00 A.M. to 12.00 Noon & 02:30 PM to 04:00 PM by prior arrangement through the Manager, Secondary Products Dept. TCIL Works at Jamshedpur. Admission to works will strictly be by express permits to be issued by TCIL Works at Jamshedpur on spot on request from the customers. All expenses incurred in this connection will be on the purchaser’s account and borne by the purchasers.
4. All lots will be sold to the highest bidder subject to the reserve price fixed by the Company. In the event of any dispute between two or more bidders the lot in question will be put up again at the last undisputed bid made for the lot. The Company may refuse to accept any bid from any person or persons without assigning any reason for such refusal.
5. The Company shall be under no obligation to put up lots singly or serially in any other particular manner, and the Company reserves the rights and discretion to withdraw any lot or lots at any time during the period of Auction without assigning any reason thereof.
6. PAYMENTS TERMS:
a) For each individual lot every purchaser shall on the fall of hammer deposit by way of security deposit with the Auctioneers a sum equivalent to 20% of the price of each individual lot of Rs. 2 lakhs and below.
b) For lot of value over Rs. 2 lakhs every purchaser shall on the fall of hammer deposit by way of security deposit with Auctioneers a sum equivalent to 20% of the first Rs. 2 Lakhs value of each lot and 10% of the balance value of the lot.
c) In the event of the bidder failing to deposit the right amount of security deposit worked out as aforesaid the lot will be immediately put up for re-Auction.
d) The entire balance value of materials together with sales tax and other charges should be paid to the Company’s H.O. at Calcutta within 21 days from the date of Auction. In default of payment within the stipulated period the Company may at its discretion accept payment with penalty @1% per week or part thereof on amount due but for a maximum period of 15 days, however if the payment is not received within the extended period the security deposit will be liable to forfeiture by the Company without any reference to the successful bidders.
e) Since stocks offered at the Auction are from current holding/forward arising as applicable, refund of any payment made cannot arise under any circumstances.
f) The successful bidders are required to bear the following handling charges on labour and cranes:
i) Rs. 30.00 per tonne for manual loading.
ii) Rs. 75.00 per tonne for crane loading.
g) However the customers are allowed to bring their own labours for taking delivery of the materials which they have purchased in the Auction and in that case, no charges are to be paid by the party.
h) The management of The Tinplate Co. of India Limited has a right to cancel the sale of any lot at any time even if it is sold on ‘pucca’ basis and even if earnest money is realised by the Company at the Auction Hall.
DESPATCHES/DELIVERY:
Clear despatch instruction in regard to the entire lot of materials purchased at the Auction should be furnished along with the balance payment within 21 days of the Auction failing which the purchase is liable to be declared null and void. Further more it will be the responsibility of the purchaser to ensure that the materials purchased at the Auction are actually lifted within 30 days of the Auction failing which the purchase will be declared null and void, if railway restrictions impede upliftment it will be the responsibility of the purchaser to lift the materials by road transport and the entire materials purchased should be cleared within 30 days period. The successful bidders are however allowed to bring in their own labourer for any processing work before delivery. Once the sale is declared null and void all payments made by the purchaser in connection there-with will be liable to forfeiture by the Company without any reference or notice to the purchaser.
7. For an inter-state sale and despatches by road permit will be given by the Company.
8. When the goods are sold subject to a reserve price a final bid which has not reached that price may at the discretion of the Company’s representative supervising the Auction be registered for transmission to the Company for consideration providing the party pays deposit 20% of value of materials as calculated on the bid. The bid so registered shall be binding on the bidder for 10 working days from the date of Auction during which period the decision of the Company will be communicated through the Auctioneers. In the event of the bid being rejected by the Company, the deposit will be refunded forthwith by the Company.
9. On receipt of clear despatching instruction from the purchasers the Company will arrange to despatch the materials entirely at its discretion by rail at the purchaser’s risk subject to availability of wagons. The Purchaser will, therefore be required to give clear despatch instruction applicable for despatches by rail/road. The Railway freight including surcharges if any at the actuals or any other incidental expenses addition to the cost of handling or loading of industrial scrap will be on the purchaser’s account and will be payable by the purchaser on demand. The responsibility of loading industrial scrap will rest with the Company.
10. In case of despatches by rail the materials will be booked “freight to pay ex. Tinplate Company of India Limited works siding Jamshedpur. The risk in transit from Loading Point to the destination is to be borne by the purchaser. The Company will not be liable for any loss or damage in transit. The Company’s responsibility or liability shall cease immediately the material are railed. The purchaser will be provided with the relevant Railway receipt together with Company’s Works Invoice.
11. All demurrage charges and other expenses incurred by reasons of non-clearance of the materials in time after their arrival at the destination or for any other reason shall be borne by the purchaser. The Company will not be liable for any demurrage which may be incurred on any consignments due to late receipt of document as a result to postal delay or any cause/s whatsoever beyond the Company’s control.
12. Refusal to accept the materials sent by railway at the destination for whatever reason/s will entitle the Company to forfeit the Security Deposit along with the materials.
13. Absence of any authorised representative competent to accept delivery on the purchaser’s behalf at the destination to which the materials are required to be despatched as per the purchaser’s instruction will be deemed to be refusal to accept the material sent which will entitle the Company to forfeit the Security Deposit.
14. The weight shown on the Company’s relative works invoice and the Railway Receipt shall be conclusive quantity of the materials despatched and shall be final. The Company’s decision shall be final in respect of weight quantity nature condition assortment composition or quality of the materials and transport/freight handling and any other incidental charges and no claim whatsoever will be entertained on any account once the materials are sold.
15. There is no guarantee of fulfilling supply of any specified tonnage and the tonnages indicated is only an indication of the approximate tonnage likely to be available for sale. The Company shall not be liable for non-performance of the contract either wholly or in part, nor for any delay in the performance of the contract resulting from or due to any causes beyond the Company’s control. The Company’s decision in this regard shall be final, should the Company so determine it shall be entitled at any time on notice to the purchaser to cancel any contract (either wholly or in part) and in such case purchaser shall have no claim upon the Company of any kind.
15. Any unavoidable delay in the matter of execution of delivery orders for reasons beyond the control of the Company shall not give rise to any claim whatsoever for refusal to take delivery of the materials by the purchaser over the extended period.
16. Without prejudice to other conditions, if the purchaser shall commit a breach of the terms and conditions of the contract or shall be adjudged insolvent or being a body corporate shall be wound up the then Company will have the right to forfeit the Security Deposit and to re-sell the materials in such manner and on such terms and conditions as the Company may think fit. Any deficiency on such re-sale and expenses attending such re-sale shall forthwith be paid by the purchaser to the Company demand in case of non-payment will be recoverable by the Company as liquidated damages. Any profit on such re-sale shall belong to the Company.
17. Any dispute arising out of any contract/sale shall be decided in Calcutta by the Courts in Calcutta and by no other Courts. The Courts in Calcutta shall have exclusive jurisdiction to adjudicate upon any such dispute.
18. GST or any other duties, taxes or imposition in respect of the goods sold whether payable to the Central or State Government or to Municipal Authorities on the date of sale or at any time thereafter before the goods are delivered to the purchasers shall be recoverable from the purchaser. If the liability for such tax and for duty is in doubt the Company will have the right to call upon the purchaser to make such provision as the Company may deem proper to ensure the recovery of such taxes and or duty, if the tax and or duty is not recovered at the time of despatch the Company will have the right to call upon the purchaser to pay such amounts as may be due whenever the Company finds that it has omitted to charge or the Company becomes liable to pay a right charge as a result of decisions or announcements by Government or any other competent authority. Even though the full value of the materials have been already paid or despatches may have been completed, the company shall be free to call upon the purchaser to make good the amount short recovered wherever such contingency should arise.
19. The purchasers shall be liable to a penalty for non-removal within the specified period otherwise agreed period at the rate 1% on the value of un-removed materials for each week or part thereof involved in such failure for removal. The Company may at their sole discretion reduce the penalty or condone the payment for the non-removal of the stores within the specification or otherwise agreed at the request of the purchaser on stating in writing the reasons for the default on his part. The condition is without prejudice to any defaulting other right to remedy that may belong to the Company by reason of failure.