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Auction Catalog Report

Auction No Opening Date & Time Closing Date & Time Inspection From Date Inspection Closing Date Auction Details MSTC/BLR/BESCOM/9/Bangalore/11-12/7913[44577] 29-12-2011::11:30:00 Scheduled Time 29-12-2011::15:30:00 26-12-2011 28-12-2011 Closed At 29-12-2011::15:30:00

Seller Details Seller/Company Name Location Street City Country Telephone Fax Email Contact Person BESCOM Bangalore 50574Ambedkar Veedhi, K.R.Circle Bangalore - 560001 INDIA 08023350574 08023350574 gmprocbescom@yahoo.com Nagarajan N.R.M.

LOT NO[PCB GRP]/LOT NAME

LOT DESC

QUANTITY

ED/(ST/VAT)

LOCATION

Lot No:

Lot Name:

Scrap Materials such as:A) T&P materials - 268 Kgs.B) Vehicle parts -15 Kgs.C) Furniture (steel) - 435 Kgs. D) Scrap wood - 100 Kgs.E) Telephones - 4 Nos. Calling bell-1 No.F) Megger-2 Nos., Tong testers-5 L-1 Nos.,G) Type writer - 1 No., Printers-3 Nos. Facit Machine -1 No. Scanning - 1 No.H) Voltameter -2 T&P materials/ vehicle parts/ Nos. i) Table fan -1 No.Ceiling fan furniture etc. -1 No.j) Phase sequence meter -1 No.k) Measuring equipment including 3 CTs-1 No.l) Lead analyser - 1 No.

1 LOT

As Applicable / 5%

Disposal Yard, R'nagar, B'lore-10.

Lot No:

L-2

Scrap Aluminium PVC insulated wire in pieces.

4.14 MT

As Applicable / 5%

Lot Name: Lot No:

Al.PVC insulated wire L-3 41 KG As Applicable / 5%

Disposal Yard, R'nagar, B'lore-10.

Scrap lead. PCB GRP :[Used Batteries/Lead Acid Batteries/Lead Acid Cells & Lead Scrap] Lot Name: Scrap Lead (A) Scrap copper such as: Copper rods - 285 Kgs, Copper winding wire of different sizes - 102 Kgs., Copper L-4 ingots - 695 Kgs. Total = 1082 Kgs. B) Scrap Brass pieces - (a) Rods - 86 Kgs.(b) Ingots -40 Kgs.Total=126 Scrap Copper, Brass & Al. Kgs.(C) Scrap Aluminium bus bar 213 Kgs.

Disposal Yard, R'nagar, B'lore-10.

Lot No:

1 LOT

As Applicable / 5%

Lot Name:

Disposal Yard, R'nagar, B'lore-10.

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Auction Catalog Report

Lot No: L-5 Scrap empty barrels Lot Name: Lot No: L-6 Released good empty oil barrels Lot Name: Lot No: Released good Empty barrels L-7 Scrap empty barrels. Lot Name: Lot No: L-8 Released good empty barrels. Lot Name: Lot No: Released good empty barrels. L-9 A) Scrap 11 KV U.G. Cable 500 Sq.mm - 227 Mtrs.B) Scrap 11 KV U.G. Cable 500 Sq.mm - 130 Kgs. 100 NO As Applicable / 5% Scrap Empty barrels 50 NO As Applicable / 5% Divisional Stores, Chickballapur. 150 NO As Applicable / 5% Divisional Stores, K.G.F.. Scrap Empty barrels 24 NO As Applicable / 5% Disposal Yard, R'nagar, B'lore-10.

Divisional Stores, Chickballapur.

1 LOT

As Applicable / 5%

Lot Name: Lot No:

Scrap 11 KV U.G.Cable L-10 Released good empty barrels 210 Ltrs.Capacity.

Divisional Stores, Chickballapur.

400 NO

As Applicable / 5%

Divisional Stores, Hiriyur.

Lot Name: Lot No:

Released good empty barrels. L-11 63 KVA Transformers empty tanks. 5 NO As Applicable / 5% Divisional Stores, Kolar.

Lot Name: Lot No:

63 KVA Transformers L-12 Scrap empty barrels 210 Ltrs. capacity..

150 NO

As Applicable / 5%

Divisional Stores, Tumkur.

Lot Name: Lot No:

Scrap empty barrels . L-13 Released good empty barrels 210 Ltrs. capacity.

300 NO

As Applicable / 5%

Divisional Stores, Tumkur.

Lot Name: Lot No:

Released good empty barrels. L-14 A) Scrap transformer 3 Ph. 63 KVA empty tank - 2 Nos.B) Scrap transformer 3 Ph 100 KVA empty tank - 3 Nos.

1 LOT

As Applicable / 5%

Divisional Stores, Tumkur.

Lot Name: Lot No:

Scrap transformer L-15 Scrap empty barrels. 100 NO As Applicable / 5%

Lot Name: Lot No: L-16

Scrap empty barrels.

Divisional Stores, Madhugiri. Yelahanka Divisional Stores, Yelahanka, B'lore.

Released good empty oil barrels Lot Name: Released good empty oil barrels

400 NO

As Applicable / 5%

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Auction Catalog Report

Lot No: L-17 Scrap empty oil barrels. Lot Name: Lot No: Scrap empty oil barrels. L-18 Released good empty barrels 210 Ltrs. capacity. 100 NO As Applicable / 5% Yelahanka Divisional Stores, Yelahanka, B'lore. Divisional Stores, Davanagere.

100 NO

Lot Name:

Released good empty barrels 210 Ltrs. capacity. Total No of Lots = 18

As Applicable / 5%

Special Terms & Conditions

THE E-AUCTION SALE IS GOVERNED BY THE GENERAL TERMS & CONDITIONS (GTC), BUYER SPECIFIC TERMS & CONDITIONS (BSTC) AND SPECIAL TERMS & CONDITIONS (STC) OF THE E-AUCTION. INCASE OF ANY CONFLICT OR DIFFERENCES AMONG ANY PROVISIONS OF GTC, BSTC & STC, THE PROVISIONS OF STC WILL SUPERCEDE OTHERS IN THE PARTICULAR E-AUCTION. CLICK FOR GTC CLICK FOR BSTC THE TERMS & CONDITIONS INCLUDING THE LIST OF MATERIALS APPEARING ON THE DATE OF E-AUCTION IS FINAL AND BINDING ON THE PARTICIPANT BIDDERS, THE SAME MAY PLEASE BE DOWNLOADED FOR ANY FURTHER REFERENCE.

1.1 Subject to the reserve price, if any, fixed for the materials by the owner M/s. BESCOM, Bangalore or persons duly authorized in this regard (hereinafter called as Authority) and on the terms and conditions hereunder, sale shall be made to the highest auction bidder on "As is where is and no complaints basis". 1.2 M/s. MSTC Limited is the Selling Agent of BESCOM, Bangalore and hereinafter referred to as M/s. MSTC Limited /Auctioneer 2.0 VALIDITY: 2.1. The bidders must keep their offers valid for a period of 60 (SIXTY) calendar days from the date of closing of the e-Auction which may be extended for any further period of time as may be mutually agreed upon by BESCOM, Bangalore and the bidder. 2.2. If after the Lot(s) is allotted, the H-1 bidder withdraws & the bidder fails to pay such amount as is demanded, the EMD amount submitted against the lot(s) will be forfeited / bidders login will be deactivated and the lot will be resold at the risk of such bidder who will have no claim to any profit that might accrue on the resale. 3.0 INSPECTION: It is to be clearly understood that the sale is on ` AS IS WHERE IS' basis and hence bidders are required to inspect the materials before bidding and they should fully satisfy themselves as to the nature of the materials. No claims / complaints on this account will be entertained at a later date either by M S T C or OWNER. Therefore , the Principle of " CAVEAT EMPTOR " ( Let the buyer beware ) will apply. 3.1 INSPECTION OF MATERIALS: From 26.12.2011 to 29.12.2011 during working hours(09 AM TO 12 NOON & 2 PM TO 4 PM) on any working day of BESCOM, at different locations as per catalogue. Note for Vehicle Lots: Before participating in the e-auction, the bidder should inspect the vehicle and confirm for availability of documents or not at the concerned divisional stores. BESCOM will not be responsible in releasing or revoking of documents from R.T.O.

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Auction Catalog Report 3.2 For the purposes of inspecting the materials bidders are requested to get in touch with the concerned official of the respective location 3.3 The quantity, quality, measurement and condition of the materials indicated are all approximate. Participation and bidding by any one in this sale shall be treated as conclusive evidence of the fact that the party has inspected the materials offered for sale and satisfied himself in all respect regarding quantity, quality, measurement, weight and condition of materials, taxes and duties, local working condition and other extraneous factors and principle of Caveat Emptor (let the buyer beware) will apply. 3.4 BESCOM, Bangalore/ MSTC does not give any warrantee or guarantee for the quality, chemical composition of each individual item in the lot or about the end use or fitness for a particular purpose. 3.5 The successful bidder will not be permitted to bring any dealers or merchant for inspection of materials for further examination of materials in the stores premises when once the auction is finalized. 3.6 The materials will be handed over only to the successful bidder or his authorised representative whose specimen signature is attested by the successful bidder. No weighment or counting will be permitted for resale among the purchaser themselves within the premises of BESCOM, Bangalore 3.7 No picking up or choosing or sorting, cutting disassembling or breaking up of materials in the lots will be allowed . The materials are offered for delivery at respective location on `AS IS WHERE IS CONDITION'. They should be removed from the place by the purchaser at his own cost during working hours only and no assistance whatsoever in removing the materials will be extended by BESCOM, Bangalore, and also they should abide by the BESCOM, Bangalore rules and regulations. 3.8 Where the scrap is sold by weight, if the actual quantity turns out to be less than the indicated quantity, the buyer will not be entitled to claim any damages, loss of interest or compensation but will be entitled to proportionate refund only after due completion of the lifting by the buyer. 3.9 BESCOM, Bangalore reserves the right to accept or reject any or all the bids without assigning any reason whatsoever. He also reserves the right not to sell the materials either in full or in part if it is considered necessary. The BESCOM, Bangalore reserves the right to vary the quantities up to +/- 20 % of the quantities specified in the Ctalogue for scrap materials before and after issue of sale order. 4.0 PAYMENT TERMS: 4.1 EARNEST MONEY DEPOSIT FOR E-AUCTION: 4.2. On acceptance of the auction bid, the buyer must pay the Earnest Money Against accepted bids within 07 days from the date of close of the E auction @ 25% (excluding taxes & duties) of the Bid value by way of DD/PO on any Scheduled/Nationalized Bank drawn in favour of Executive Engineer, El, Bescom Stores, Rajajinagar, B'lore payable at Bangalore. 4.3. For Subject to approval (STA) Lots, 10%(excluding taxes & duties) of the Bid value has to be paid as detailed above. 4.4. D D / P O drawn on account of some other party or showing that the DD / PO was used by any party other than the auctioner in any previous tender/E-auction as per endorsement made at the back of DD / PO will not be accepted as E M D. Such D D / P O will be returned to the D D / P O issuing branch of the respective Banks with an instruction to credit the account to the bona fide purchaser of the D D / P O. In case of STA lots, the bids shall remain valid up to 60 days from the date of auction. 4.5. THE EMD MUST BE PAID AS DETAILED ABOVE WITHIN 07 DAYS FROM THE DATE OF CLOSE OF AUCTION. Note: DD/PO S of the scheduled Co-operative Banks submitted towards EMD, Material Value,

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Auction Catalog Report Sales Tax, MSTC service Charge etc will be accepted by MSTC/Principal subject to realization only (including for the purpose of issuance of Delivery Order/Release Order) 5.0 TIME SCHEDULE FOR PAYMENT OF BALANCE AMOUNT : 5.1 Full balance payment along with applicable taxes and duties has to be made within 15(fifteen) days from the date of issuance of acceptance letter(Excluding date of issuance) in case of confirmed sale & from the date of Letter of confirmation of sale in case of subject to approval lots. The acceptance letter will be issued after expiry of the time for payment of EMD. 5.2 (A) 97.24% of the material value along with full taxes & duties in the form of Demand Draft / Pay Order on any Nationalized/Scheduled bank drawn in favour of Executive Engineer, El, Bescom Stores, Rajajinagar, B'lore payable at Bangalore must be deposited in the office of M/s. MSTC Ltd., Bangalore for issue of Delivery Order. (B) 2.76% of the material value has to be deposited by way of DD/PO drawn in favour of MSTC Limited, payable at Bangalore on any Nationalized/Scheduled Bank along with the payment as detailed in clause 5.2(A) above. The above payments (A+B) have to be made with in 15 calendar days from the date of issuance of acceptance letter (excluding the date of issue) as detailed in Clause No. 5.1 above. 5.3 In case, the last day of payment happens to be Closed Holiday for MSTC or the Banking Institutions, the next working day will be taken as the day of payment without late payment charge. 5.4 In case of delay in payment, as specified above late payment charge @ 1% per week or part thereof for 7(seven) calendar days is payable by the buyers on the material value. NOTE: NO EXTRA TIME WILL BE GIVEN FOR PAYMENT. 5.5 In case of failure to pay the balance of the sale value including taxes & duties within the time specified above, the earnest money deposit will stand automatically forfeited. Note: DDs/POs of the scheduled Co-operative Banks submitted towards EMD, Material Value, Sales Tax, MSTC service Charge etc will be accepted by MSTC/Principal subject to realization only(incl. For the purpose of issuance of Delivery Order/Release Order) 6.0 TAXES & DUTIES: 6.1 All taxes or other levies charged under State, Central or Local laws as applicable on the date of delivery shall be payable by the purchaser in addition to the Sale value and must be deposited along with the balance purchase money as part of the purchase price.NOTE: The Sales Tax for the auctioned materials is applicable as per provision of Central/State for the year 2011-2012. 6.2 At the time of lifting/delivery of the material if there is any change in regard to the rate of local Sales Tax, Cess, Surcharge / Excise Duty and implications of VAT, then the same will be brought to the notice of the buyer/bidder/purchaser and will be charged extra to the buyers/bidder/purchaser account. 6.3 C FORM WILL BE ACCEPTED AS PER THE PROVISIONS OF CST ACT. C' form towards CST is acceptable Bidders desirous of availing of Central / State Sales Tax concession as per the rules must submit the appropriate Central / State Tax declaration form duly certified by the concerned authority along with the payment for the full value as the case may be, failing which they must deposit the full amount of sales tax. No payment of sale value will be accepted without payment of due sales tax. In case of incidence of Central Sales Tax on the transaction, the material will have to be transported by the buyer (s)through a registered Public Transport Contractor across the state border and a copy of goods receipts note duly signed by the consignee will have to be sent by the buyer(s) to the consignor. Whatever rate of excise duty/ Sales tax / other levies etc. If any, be assessed / applicable on the date of actual removal / lifting of materials will be paid by the buyer(s).

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Auction Catalog Report 7.0 DELIVERY SCHEDULE: 7.1 A Delivery period of 30(THIRTY) calendar days from the date of issuance of sale order/Acceptance letter will be allowed for all the lots. For Subject to Approval cases the date of letter of confirmation of sale will be considered for the above. 7.2 For delivery buyers must report during working hours of BESCOM, Bangalore. In case the last day of delivery happens to be a Closed Holiday for BESCOM, Bangalore, the next working day will be taken as the date of lifting without any Ground Rent. The successful bidder shall lift the materials only from the lots/space as may be earmarked /demarcated by BESCOM, Bangalore which shall be final & binding on the bidder, they shall observe the rules & regulations & working hours as may be fixed by BESCOM, Bangalore. 7.3 If there is any delay in lifting , BESCOM, Bangalore at its own discretion may allow extension in the period of delivery/lifting against deposit of ground rent at the rate of 1% per day(limited to 10 working days of BESCOM) on the value of unlifted quantity. NOTE: NO EXTRA TIME WILL BE GIVEN FOR LIFTING. 7.4. The purchaser must take Delivery or his authorized representative against proper authorization letter only and should be completed within the time schedule given above. If the lots are not removed within the time limits set out above, BESCOM, Bangalore may resale the said lots or lot or portions thereof at the purchasers risk and while doing so they may recover any losses that may be suffered. Any gain on any resale shall belong to BESCOM, Bangalore. 7.5. Purchasers are advised in their own interest to make appointment with the owner (BESCOM, Bangalore) before placement of vehicles for taking delivery of the materials purchased by them within the scheduled date of delivery. The purchaser at his own cost will make his own arrangement for removal, dismantling, loading, transporting and he will not be entitled to claim any facility or assistance or cost on this account from BESCOM, Bangalore/ MSTC. 7.6 The contract shall be treated as having been concluded as soon as a letter of Acceptance is issued by MSTC to the successful bidder. The period of contract shall be 44 days from the date of issue of sale order/Acceptance letter by MSTC limited. The contract shall be deemed to be completed as soon as the area is cleared or completion of the period of contract as mentioned above is earlier. 7.7 If any damage or loss is caused to the employees or the property of the owner or if any claim are made against M S T C / Owner by reason of any acts of commissions or negligence on the part of the buyers or on the part of their agents ,representatives or employees, M S T C shall be entitled to recover such losses or damages or claim as may be ascertained by the owner ( ascertainment shall be final & binding on the buyer ) from any amount due to the buyers including the advances made / to be made due by the buyers as the Earnest Money / Security Deposit ( as the case may be ) without prejudice to M S T C's rights to take further action under the contract as well as to recover such losses, damages or claim if any, from money becoming due under any other transaction with M S T C / Owner or from the buyers directly. Delivery must be taken by the purchaser or his representatives against proper authorisation letter only, on `As - is - where - is - basis ' and should be completed within the time schedule given above. If lots are not removed within time limits stated above, BESCOM may re-sell the said lot or lots or portions thereof at the purchaser's risk and while doing so any gain on any resale shall belong to MESCOM. The materials, which are accounted on weight basis, shall be weighed in the presence of one or two BESCOMs officers in the departmental weighing machine or lorry weigh bridge and the weights recorded by the weighing machine will be final and shall be accepted by the successful bidder. The successful bidder shall remove the weighed quantity then and there. No part of the weighed quantity will be allowed to be kept in the BESCOM's premises after the weighments are done. The materials will be released only during the working hours of the Stores. The successful bidder should remove the materials from the stores premises within the working hours of stores. The successful auctioneers should also

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Auction Catalog Report contact the Officer in charge of Stores in advance about the availability of the Officers, who are nominated to witness the release of materials, for releasing the Materials and then only arrange for the vehicle and men for taking delivery of the Materials. 8.0 GENERAL: 8.1 In regard to any dispute relating to this E Auction will be decided by BESCOM, Bangalorewhose decision shall be final and binding on all participants and the bidders will have to abide by the same. 8.2 The employees of MSTC/BESCOM are barred from participating in the E Auction sale, unless otherwise permitted by MSTC/BESCOM. 8.3. BESCOM, Bangalore/MSTC reserves the right to accept / reject and cancel any bid, amend the quantity under any lot or withdraw any lot at any stage under this E auction sale after acceptance of bid / issue of sale order / deposit of full value by the buyer, without assigning any reason whatsoever, which shall be final in the matter and binding on all the parties. and the value of such material if paid for, shall be refundable. BESCOM, Bangalore/MSTC shall not be responsible for any damages/loss whatsoever to purchaser on account of such withdrawal 8.4. Resale will not be recognised. Sale Order will be issued in the name of the Original Buyer as recorded in the bid sheet. Any further correspondence will be only with the buyers name and address as recorded in the Bid Sheet. 8.5. Payment and delivery time schedule will be reckoned after the concluding day of deposition of EMD/SD. The segregation of material is not allowed in BESCOM premises. 8.6. The goods shall remain in every respect at the risk of the purchaser from the date of acceptance of the price offer by BESCOM/MSTC and BESCOM, Bangaloreshall be under no liability for the safe custody or preservation till the date of removal. 8.7. Purchaser and his men are subject to the security rules of BESCOM in force while in the BESCOM premises. The purchaser's workman, agents or representatives shall not commit any nuisance, theft or indulge in any anti-social activities in the premises and the purchasers shall be liable for the good conduct, safety and discipline of his workman. In case of any such activity, delivery will be suspended and strict action as per law will be taken including forfeiture of EMD. 8.8 .The purchasers shall be responsible for any damages that may be done to the premises or properties of BESCOM in the course of removing the lot or lots purchased by them. Damages that may be claimed by the owner shall be paid immediately on demand. 8.9. During the period the purchaser's workers who are engaged within the BESCOM, premises will be governed by the Labour Laws and Rules, Factory Acts and Rules and BESCOM Safety / security rules as applicable. It shall be the responsibility of purchaser to ensure that the statutory provisions are complied with. a) Where the lots are sold in lot or not by Nos. or units in the event of the lot or lots being found to be deficient in quality, quantity, sizes measurements, Number or weight as stated in the catalogue, purchaser shall have no claim on BESCOM/MSTC for refund of the whole or any part of the purchase money or for loss of profit or interest or any other damages. b) The sale will be as a complete single lot. The quantities of items indicated in the lot are approximate and no guarantee can be given for the actual quantity in the lot. The Successful Bidder will have to lift the entire quantity in the lot

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Auction Catalog Report 8.10 In the event of failure on the part of the successful bidder to fulfill his contractual obligations, BESCOM/MSTC reserves the right to debar such bidder from participating in any future sale programme on behalf of BESCOM. 9.0 ARBITRATION: a) Any dispute arising between the buyer and BESCOM, Bangalore shall be decided by the BESCOM, Bangalore and in the case the BESCOM, Bangalore is unable to Arbitrate then by such officers of BESCOM, Bangalore or any other person as may be appointed. The decision of the arbitrator shall be final and binding on the parties subject to the provisions of Indian Arbitration Act and Rules frame hereunder shall apply. b) Any Dispute arising out of contract are not precluded by clause 8.1, Shall be decided by the Court in Bangalore and by no other court. The court in Bangalore shall have exclusive jurisdiction to adjudicate upon any such disputes. 10. BESCOM, Bangalore will not be in any way responsible for failure to deliver the goods as per delivery schedule due to force major cause such as strikes, lockouts, cessation of work, labour problems, shortened hours, acts of God or other causes or contingency whatsoever. The buyer shall not be entitled to cancel the contract and the period of delivery shall automatically be extended accordingly. 11. Form 39 will not be issued by BESCOM. The buyers has to bring Form 39 along with as the materials are sold on "as is where is basis" from BESCOM premises. If any, additional challan/delivery order copies are requested to comply with check post requirement, the same may be arranged by the buyer themselves by taking photo copies. 12.0 ACCIDENTS ETC., TO THE BIDDER/LABOUR: 12.1 BESCOM, Bangalore/MSTC will not be responsible for any injuries caused due to accident within the factory premises or at the place of work of the owner either to the buyer or his representatives / labour etc; and the bidder will make proper arrangements for any claim arising out of the employment under any status. It is the responsibility of the bidder to provide necessary safety appliances (like hand gloves/safety shoes etc;) to the labourers, who are engaged for taking delivery of the materials. BESCOM, Bangalore/MSTC will not be liable for any claim & purchaser shall keep BESCOM, Bangalore/MSTC fully indemnified & harmless against any claim and proceedings of any their own or against the employees or others. 12.2 BESCOM, Bangalore/MSTC will not be liable for any claim and purchaser shall keep BESCOM, Bangalore/MSTC fully indemnified and harmless against any claim and proceedings on their own or against the employees or others. NOTE: IN CASE THE EXCISE DUTY/SALES TAX RATES ARE REVISED PRIOR OR SUBSEQUENT TO THE E-AUCTION DATE BY THE GOVERNMENT THE NEW EXCISE DUTY/SALES TAX RATE WILL BE APPLICABLE WHICH MAY BE BROUGHT OUT SUBSEQUENTLY. IN SUCH AN EVENT THE DIFFERENTIAL AMOUNT TOWARDS TAXES AND DUTIES IF ANY ARE TO BE PAID DIRECTLY TO THE OWNER BEFORE EFFECTING THE DELIVERY OF THE MATERIAL The special terms &conditions will supercede the General terms &conditions wherever applicable. 13.SPECIAL CLAUSE 13.1 The buyers (s) will have to fulfill the safety rules, security rules and be governed by the rules under the Factories Act etc. for the representatives of the buyer(s)prevailing from time to time. The buyer (s) will supply safety equipment appliances to their workers at their own cost. It will be the entire responsibility of the buyer(s) to ensure that their vehicles are not driven at a speed or in so reckless or rash manner as to cause an accident or prove to be potential threat to the safety of the traffic Where speed limit has been fixed, the buyer (s) and their drivers will strictly adhere to slow and safe driving inside the seller's work.

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Auction Catalog Report 13.2 The buyers (s) will be fully responsible for the acts of their representatives / workers and will fully indemnify seller for losses / damages (s) substantiated by seller. The seller will not be responsible for any claim from labor employed by the buyer (s). The buyer(s) will wholly and fully be responsible for such claim for compensation either for accident or injury / death of damage caused to their employees or to any of the seller's employees or to others or to the seller's property. 13.3 The buyer (s) will abide by the Central State Labour Legislation as may be applicable from time to time. It will be the responsibility of the buyer (s) to provide insurance cover to their workers / labourer as may be required under the law. 14. TERMINATION / BREACH OF CONTRACT In the event of bidder's failure to fulfill any of the bid obligation including not lifting the contracted materials under this agreement, the seller's decision in regard to bidders failure shall be final and binding on the bidder (s). Seller will have the full liberty to do any or all of the following. 14.1 Cancel the contract with immediate effect for the materials under the contract not taken delivery of by the bidder as on that date in which case the Bid Security will stand forfeited. 14.2 Retain and / or adjust / recover from bidder's any amount lying with seller to the buyer (s) either under this contract or any other contract or which may at any time become payable / refundable to the buyer (s) either under this contract or any other contract, the amount of losses or damages or claim that might be incurred by the seller in selling the materials under the contract not taken delivery of by the buyer(s) at his / their risk and cost. Even after such recovery / adjustment from buyer(s) of any amount as mentioned above lying with seller if further amount is still found payable/refundable by the buyer(s), the buyer(s) will pay the same on demand without any objection or demurrage. The decision of the seller in regard to the actual losses incurred by the seller including the reasonableness of the rate at which seller decides, the decision of the seller will be final and binding on the buyer(s). Provided that seller incurs no loss, the buyer (s) will only be entitled to the refund of the amount retained by seller by way of advance payment towards the undelivered stores without any interest thereon but not any other amount. 14.3 If the bid is accepted and the bidder / buyer refuses / fails to make financial Arrangements towards the full value of materials including taxes and duties as stipulated, the full bid security against the particular accepted lot (s) will be forfeited without prejudice to the rights of the seller to claim such further damages in this regard and without further reference to the bidder/ buyer. 14.4 The successful bidders should produce certificate from Pollution Control Board prior to taking delivery of waste Transformer Oil, Cables and Batteries etc., failing which, the Earnest Money Deposit will be forfeited. 15. FORCE MAJEURE : The seller will not be liable for any failure or delay in performance due to any cause beyond their control including fires, floods, strikes, go-slow, lockout, closure, pestilence dispute with staff, dislocation of normal working conditions, war, riots, epidemics, political upheavals, Government action civil commotion, breakdown of machinery, shortage of labour and the time of performance on the part of the seller during the period as may be necessary to enable seller to effect performance after the cause of delay will have ceased to exist. The provisions aforesaid will not be limited or abrogated by any other terms of the contract whether printed or written. 16. HAZARDOUS WASTE ITEMS For Hazardous Items requiring Pollution Control Board( PCB ) Registration Certificate from State or Central Govt. or both ( as the case may be ), if the auctione rhas / had a valid Certificate which expired 30 ( Thirty )days before the date of auction, he must submit a copy of the expired Certificate and a copy of his Application to the concerned statutory Authority for extension with a proof of submission of such Application. Further he must

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Auction Catalog Report submit copy of valid Certificate within 15 ( Fifteen ) days from the date of auction failing which his bid will be treated as invalid. Such Certificate must remain valid /extended till the period of processing of material after delivery. It will be deemed that the auctioneer have read and understood and undertake to abide by all the provisions of the Hazardous Wastes (Management & Handling ) Rules, 1989 and subsequent Amendment issued by the statutory Authorities. 17. Special Note: 17.1 Material disposal is under As is where is basis and No Complaint basis. 17.2 Bidder should quote unit rate for individual items wherever applicable. 17.3 Quoted rates are exclusive of all applicable taxes. 17.4Total quantity mentioned above for individual lot is purely approximate .successful bidder should lift all the materials demarcated in the individual lot.No part lifting is allowed. In case any material is left out in each lot by the bidder, cost has to be born by the bidder for the balance quantity. Hence interested bidders may be requested to visit the spot and personally assess the quantity. Unit rate is the criteria for evolution and material demarked in each lot should be lifted completely by the eligible successful contractor irrespective of the quantities mentioned in the tender notification. 17.5 Bidders who want to visit the site should produce the E auction ID card issued by MSTC for those lots at the respective stations. 17.6 For transformer oil disposal ,bidder should have certificate from pollution control board. 17.7 All applicable taxes such as VAT, sales tax and income tax and any other statutory payments are to the account of successful bidder. Contact official of MSTC : Mr. G. Bhattacharyya, SM, MSTC, Bangalore (Contact No.080-22260054/6417) 44577