1 (Govt. Auctioneer) Regd. Office : Shop No.20, TEL No. 022 - 2514 58 53 Kohinoor Society, Opp. B.M.C. School, FAX No. 022 - 2514 58 53 Link Road, Sakinaka, WEB : www.aaacpl.com Mumbai – 400 072 E-MAIL:[email protected]Organizing an online e-Auction to disposeUnclaimed/Abandoned/Scrapped Vehicles through E E - - A A U U C C T T I I O O N N MUNICIPAL CORPORATION OF GREATER MUMBAI STOCK HOLDER - The Chief Engineer (SWM& Transport). SCHEDULE OF PROGRAMME DATE OF e-AUCTION : 12.06.2017 (Monday) e-AUCTION TIME : 12.00 p.m. (Onwards). DATE OF INSPECTION & : 29.05.2017 To 8.06.2017 TIME : 10.30 a.m. to 5.30 p.m. At the respective Depots with prior Appointment on working days only CAUTION MONEY : Please refer page No:- 13 DEPOSIT (Refundable) DATE FOR SUBMISSION : 07.06.2017 (Only One Day) OF CAUTION MONEY in the office of Auctioneer From 10.00 a.m. to 5.00 p.m. only Note : Caution Money Deposit will not accept on the e-auction day. VAT & any other taxes, if any, at the rate in force shall be applicable.The above referred dates for respective e-Auction are liable to be postponed to the next working day in case of any un-scheduled unforeseen Holiday / Bandh any administrative reason, etc.
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Subject to realization of reserve prices where the same have been fixed by the MUNICIPAL COMMISSIONER OF MUNICIPAL CORPORATION OF GREATER MUMBAIor persons duly authorized by him in this behalf (hereinafter referred to as CORPORATION / MCGM), all sales shall be made to the Highest Bidder on “AS IS WHERE IS BASIS” and on “NO
COMPLAINT BASIS”. The bid if accepted shall be registered in the name of actual bidder and he shall be responsible to the M.C.G.M. for any loss etc. which might accrue to the Corporation as a result of his not completing the sale as bid. In the event of any dispute between bidders, the dispute shall be decided by the officer superintending the sale and the lot or lots in question re-auctioned at his discretion. His decision as to as such acceptance shall be final and binding on all persons offering bids at the e-auction.
SELLER: Seller referred in these conditions of sale, is Municipal Corporation of Greater Mumbai (under instructions of the Dy. Municipal Commissioner (SWM). The e-auction may in consultation with officer of the Corporation superintending the e-auction refuse to accept the bids of any person or persons without assigning any reasons.
AUCTIONEER:M/s. A.A. Auctioneers & Contractors Pvt. Ltd. is an agency appointed as an auctioneer to facilitate e-auction on Internet by M.C.G.M. They are expected to facilitate organizing and conducting an e-auction and are considered as third party not particularly interested in the item being sold for and on behalf of the MUNICIPAL CORPORATION OF GREATER MUMBAI.
BIDDER : Any person representing as an Individual OR as Proprietor OR as a Partner OR as an authorized representative of any company and who is paying the Caution Money Deposit (CMD) and getting Registration is considered as a Registered Bidder. One individual can represent as a bidder on his own behalf or on behalf of his company. But he can’t register separately for himself & company at the same time. Bidder must read the terms and conditions of the e-auction sale very carefully and then only place his signature on the “Registration-cum-Acceptance Form” given in Annexure-A. He is also expected to record his address, PAN Number, Telephone Numbers, Fax No, e-Mail address, as all the communication would be forwarded only at that address.
Change in Bidder Name shall not be considered. Right of Admission is reserved by the Corporation/ Auctioneer.
1. Registration:
The prospective bidder has to register with the MCGM through the Auctioneer M/s. A. A.
Auctioneers & Contractors Pvt. Ltd. at their registered office during10.00 a.m. to 5.00 p.m. on
or before 11th June, 2017 by fulfilling the information in the prescribed format as per
Annexure-A.
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For participating in the e-Auction, the prospective bidders should produce the following details/ documents for Registration.
a) DULY FILLED PRESCRIBED FORMAT AS PER ANNEXURE-A
b) ORIGINAL & ATTESTED COPY OF PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT.
c) PHOTOGRAPH WITH SIGNATURE OF EACH PARTNER /PROPRIETOR ON IT.
d) ATTESTED COPY OF PARTNERSHIP DEED IN CASE OF PARTNERSHIP / FIRM & COPY OF MEMORANDUM IN CASE OF COMPANY/AFFIDAVIT OF PROPRIETORSHIP FIRM.
e) CAUTION DEPOSIT IN FORM OF PAY ORDER/D.D. IN FAVOUR OF MUNICIPAL
CORPORATION OF GREATER MUMBAI.
2. Caution Money Deposit :
Caution Money Deposit (Refundable)as above payable in the form of BankersCheque/Pay Order/Demand Draft drawn in the favor of Municipal Corporation of Greater Mumbai at the time of registration will be collected per Bidder. CASH WILL NOT BE ACCEPTED. a) On receipt of CMD along with the “REGISTRATION-cum-ACCEPTANCE Form” as per
Annexure-A. User ID and Password will be generate by the bidder solely from Auctioneer's Website www.aaacpl.com, which is to be use for ACTUAL Online E-Auction.
All correspondence will do by sending e-mails only to the registering bidders by the Auctioneer and hence a valid e-mail address should be entered in the Acceptance Form by the bidders. Bidders SHOULD NOT disclose their User ID and Password to anyone and safeguard its secrecy. Kindly note, under no circumstances User ID and Password would be given over the telephone OR any other e-mail address.
b) The Caution Money Deposit (CMD) paid before the start of the e-Auction within the specified period is adjustable in the EMD payments when the lot is allotted to the Highest / Successful Bidder. The Caution Money Deposit of the un-successful bidders will be returned by the auctioneer on the next working day after getting confirmation from MCGM.
c) Highest / Successful bidder has to pay the EMD within the stipulated time detailed hereunder for ALL the lot/s in which he is successful. Failing to pay the required Earnest Money for even one lot THE FULL CMD AMOUNT deposited will be forfeited for respective lot. Bidders are expected to make the EMD payment for all the lots, if they are the highest / successful bidder.
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3. BID PRICE :
The minimum bid price i.e. base price will be displayed against each lot on the bidding screen of all participating bidders. The software will not accept any bid lower than the minimum-bid price. All communication shall be by email only. No postal / courier communication shall be forwarded, which may please be noted.The bidder may offer prices in the pre-decided multiples.
4. LOT CONFIRMATION – EMD AND BALANCE PAYMENTS :
a) The highest bid will be taken ONLY on Subject to Confirmation (STC) basis. After the closure of the e-Auction the lots which are Accepted by the Municipal Corporation of Greater Mumbai as‘Confirmed Acceptances’ will be intimated to the successful / highest bidder by M/s. A.A. Auctioneers & Contractors Pvt. Ltd. ONLY through e-Mail.Within three working days from the date of intimation of such confirmed acceptance, the highest / successful bidder has to pay an amount equivalent to E.M.D. i.e. 33.33 % (Thirty Three point Thirty Three Percent) of his bid amount less the Caution Money deposit. (CMD) deposited earlier i.e. up to as per CFC timingsduring payment hours on any working day.
. b) The intimation of Confirmed Acceptance of Bid will be issued ONLY in the name of the
Bidder as is recorded in the Registration Form. Any further correspondence will be only with the Bidders on his name and address as recorded in the Registration Form only.
d) The highest / successful bidder has to pay the Earnest Money Deposit (EMD) by way of
Cash or through Bankers Cheque/Demand Draft/Pay Order ONLY drawn on any Scheduled/Nationalized Bank Drawn in the favor of “Municipal Corporation of Greater Mumbai” payable at Mumbai. If no Intimation reaches for reasons beyond our control the Bidders are expected to take efforts to find out status before the last day. It is explicitly made clear that Non-receipts of Intimation should not be an excuse for non-payment AND CMD will be forfeited, if the highest / successful bidder fails to pay the required EMD before the due date.
e) After intimation of the Confirmed Acceptancethe successful bidder has to deposit the
Balance money by way of Cash or Bankers Cheque/Pay Orders/Demand Drafts only drawn on any Scheduled/Nationalized Bank Drawn in the favor of “Municipal Corporation of Greater Mumbai” payable at Mumbai, within SIX (6) working days from the date of intimation of such Confirmed Acceptance i.e. up to 12.00 p.m.in the office of Executive Engineer (Transport) W.S., Opp. Milan Mall, Milan Subway Road, Off. S.V.Road, Santacruz- West, Mumbai 400054 during payment hours on any working day.
5.VAT :
VAT& Income Tax or any other levies as applicable will be payable extra by the successful bidder, in addition to the accepted bid value before taking the delivery of Vehicle.
6. M/s. A.A. Auctioneers & Contractors Pvt. Ltd. runs its business on the basis of a robust Website. However M/s. A.A. Auctioneers & Contractors Pvt. Ltd. is out-sourcing server space from a third party hosting company and hence shall ensure the smooth running of the website in all good faith and intention. Municipal Corporation of Greater Mumbai / M/s. A.A. Auctioneers & Contractors Pvt. Ltd. will not be held responsible for any failure of
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power, network, server, hosting server, internet connectivity, ISP or otherwise at Bidder’s end or at Municipal Corporation of Greater Mumbai/M/s. A.A. Auctioneers & Contractors Pvt. Ltd. directly or indirectly affecting Online method of Bidding.
7. Intending purchasers are requested to inspect the Vehicle in advance on site on Inspection Days.
8. a) Bidders will be allowed to bid for Lots for which Caution Money Deposit is paid. b) User ID & Password will be restricted to the Lots for which caution money deposit is
paid.
9. Bidders succeeding in the e-Auction are expected to lift the material in serial order of the list and continuously in consultation with the departments concerned, on working days without break & with minimum time loss. The vehicles will be handed over in presence of Senior Supervisor (Traffic)/Security Officer and representative of Stock verification Cell etc.
10. Vehicle must be removed within 30 working days from the date of appointment letter given to the purchaser for lifting the Vehicle by the respective staff of store/location.
11. PAYMENT TERMS :
(a) Balance value of the bids accepted by way of Bankers Cheque / Pay Orders/Demand Drafts only drawn on any Scheduled/Nationalized Bank Drawn in the favor of “Municipal Corporation of Greater Mumbai” payable at Mumbai, within SIX (6) working days from the date of intimation of such Confirmed Acceptance i.e. up to 12.00 p.m.in the office of the Corporation atExecutive Engineer (Transport) W.S., Opp. Milan Mall, Mlian Subway Road, Off. S.V.Road, Santacruz- West, Mumbai 400054. During payment hours on any working day. Sale Release order for the goods shall only be issued on the production of receipt(s) for the full sale value by the Successful bidder.
(b) In the event of failure to complete the payment of the balance sale value of any lot purchased by the bidder within the stipulated period, the sale of such lot shall be cancelled, the earnest money shall be forfeited and the bidder shall forfeit all his rights in good for which he gave the bid and paid Earnest Money of the bid.
(c) "Notwithstanding anything contained in Clause (b) above. The Chief Engineer (SWM& Transport). may in his absolute discretion allow the successful bidder to pay the balance 66.67% of the sale value beyond the stipulated period if considered necessary by levying a penalty of 2% (Two Percent) Per Month on prorate basis for such late payments subject to the cost of storage and warehousing in the form of ground rent at the rate specified in Clause-9 below".
(d) In all cases any tax due under any law shall be payable by the Purchaser exclusive of the sale value.
(e) For all payment received by the Auctioneer, he will issue a stamped receipt to the purchaser and the bidder shall in all cases be bound to produce such receipt when called for.
112. DESCRIPTION OF VEHICLES / QUALITY / QUANTITY :
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a) The Vehicle shall be disposed off on “AS IS WHERE IS BASIS” and "AS IS WHERE IS
CONDITION". The whole of lot or lots shall be taken from the site of accumulation with all faults and errors in description of otherwise, quantities, qualities, sizes, numbers as stated in the catalogue are approximate and no warrantee or guarantee shall be implied vehicles are sold on the assumption that bidders have inspected the lots and know what they are buying, whether they have first inspected them or not and the principal of "A Caveat Emptor" will apply. No complaint will be entertained and no reliance must be placed on any description.
b) In special cases where the representative of the Corporation proposes to e-auction any particular items/items of planed & machinery by weights or number and not on lot basis, announcement to that effect shall be made before the lot is put for e-auction, the bid in such cases shall be for each number of unit of weight. The price to be charged shall be calculated on the actual weight or numbers delivered. This however, does not apply to sale in lots as stated in sub-Para (a) above.
c) All bidders / purchasers shall deem to have read and acquainted themselves with these conditions of sale and agreed to bid subject to these conditions only. No sale shall be invalidated by reason of any defect or default in any of the Lots or on account of
any of the Lots being inadequately described and no compensation shall be paid in respect of
such default or deficiency of description.
13. REMOVAL OF VEHICLE :
(a) Lifting of Vehicle will be allowed with prior appointment during working hours on Working days only between 10.30 a.m. to 4.30.p.m. except on Saturdays, Sundays, or Public Holidays and that to in the presence of The Chief Engineer (SWM& Transport). or any other Officer/Employees to authorized, of the Corporation will issue sale-release orders signed by him or by an authorized Officer/Employee to buyers on receipt of him of the whole of the sale price and the taxes payable thereon (if any) "subject to (d) below in case of vehicles. The contractor will not be allowed to lift the Vehicle beyond working hours.
(b) The goods sole will be removed by the buyer from the site of accumulation within the period specified in the catalogue. Deliveries will be made only during working hours on all working days on presentation by the purchasers to the stock holder the copy of sale release order issued by The Chief Engineer (SWM& Transport).or as stated above. The purchaser will make his own arrangements for transport and he will not be entitled to claim any facilities or assistance for transport from the Corporation. Whenever materials are sold on weight basis, it shall be binding and obligatory on the part of the purchasers to weight the empty lorry as well as the loaded lorry.
(c) Should the original buyer wish to take delivery of the vehicles purchased through a representative, he must authorize a latter by the letter of Authority which shall be presented to the officer in whose charge the vehicles are held. Such officer may in his entire discretion decline to act on any such authority and it shall, in all cases be for the buyer to satisfy such officer that the authority in genuine. Delivery by proxy will be at the purchaser’s sole responsibility and risk and no claim shall lie against the corporation on any account whatsoever if delivery is affected to the wrong person.
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d) The possession of the vehicle / material thereof will not be granted to the purchaser unless a valid towing permission or a cancellation of registration of the vehicle is obtained from the R.T.O’s office which shall be produced to M.C.G.M. for verification. The purchasers shall also be required to deposit a reasonable amount, if necessary, for each vehicle, with the Corporation in addition to the old amount returnable only after production of relevant paper from R.T.O to the effect that the vehicles have been transferred on their names.
e) During the Vehicle delivery, Senior Supervisor (Traffic)/Security Officer and representative of Stock Verification Cell will verify the Original Receipts of the Purchaser.
f) During the course of removal of the Vehicle if any damage is caused to the Corporation
premises, installations or instruments, the buyer will be entirely held responsible to make good such losses.
g) Loading /unloading will be carried out by the Purchaser at his own cost.The purchaser shall
employ all labour staff registered with the Bombay Iron & Steel Labour Board & with Railway
Goods Clearing & Forwarding Establishment Labour Board for Greater Mumbai, provide under
Regulation of Maharashtra Act XXX of 1969, the Maharashtra MathadiHamal& other Manual
Workers Act 1969.
(i) Should the original Bidder wish to take the delivery of the goods through Agent or his representative, he must authorize his representative through a letter of authority, which shall be presented to M.C.G.M. Delivery by proxy will be at the bidder’s sole risk and responsibility and no claim shall lie against M.C.G.M. on account of whatsoever, if the delivery is affected to the wrong person(s).
14. NON –DELIVERY
a Where goods are sold being found to be deficient in number, as stated in the catalogue, purchaser shall have no claim against the Corporation or against the auctioneer for refund of the whole or any part of the purchase money or for the loss or profit, interest damages or otherwise.
b Where store are sold by number and not on basis of lots and the purchaser fails to obtain the delivery of the whole or the portion of the stores sold, he shall not be entitled to make any claim, other than for proportionate refund of the value of the undelivered quantity. He shall not be entitled to claim any damages, loss or profit, interest or compensation on any other account.
15. RE-SALE
Resale will not be recognized and Release Orders will be made out in the name of the actual purchasers only.
16. CHARGES FOR FAILURE TO KEEP FIXED APPOINTMENT
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Charges for failure of appointment by merchants for taking delivery of materials sold to them are as under.
a. Rs 50/- for materials worth up to Rs. 2000/-
b. Rs 100/- for materials worth more than Rs. 2000/-
17. FAILURES TO TAKE DELIVERY AFTER PAYMENT : The vehicle lots paid for must be completely removed at the buyer’s expense within the
period specified. If any lot is not removed within the period specified, the Corporation or its authorized representative may re-auction the said lot or lots or portion thereof at the risk and expanses and while so doing, he may recover in addition to any loss that may be suffered, a charge on account of storage space at the rates as may be fixed by the competent authority. On failure to remove the goods within the stipulated period or extended period(s), the sale of such goods shall be cancelled and the earnest money and/or the sale value shall be forfeited and the bidder shall forfeit all his rights in the goods.
18. DEMURRAGE CHARGES: a.If the materials are not completely removed from the Municipal premises, then for remaining
non-delivered vehicles the demurrage charges will be levied at the rate of Rs.100/- Per day Per Vehicle from the date of expiry of the delivery Schedule period communicated to successful bidders by The Executive Engineer Transport (W.S.).after the payment is made.
b. In the event of the auctioneer being of opinion that the bidders are forming a ring and fairp pricesare not being realized for stores offered in e-auction, the auctioneer may stop the sale w with the consent of the Officer Superintending the sale. c. The buyer shall be responsible for any damage that may be done to the premises in taking
down or removing the lot or lots bought by him. The corporation or its representative may, at his options arrange to make good such damages departmentally and the buyer shall pay the same on demand.
d. The Corporation reserves the right to require that the highest bid received for particular item
or items be referred to the Corporation or its duly authorized agent for final sanction, where and whenever this is considered necessary.
e. The Corporation reserves the right of withdrawing from the sale or adding to any lot or lots advertised in the catalogue prior to the acceptance of any bid for such lot/lots at an auction without assigning any reasons.
f. The Chief Engineer (SWM& Transport), the Officer Superintending the e-auction reserves the right to sell the items individually or in lots or in any order.
g. Note that MCGM is registered dealers under the B.S.T. Act-1959 and M.C.G.M. will recover
the tax under B.S.T. Act 1959 on sale of lots.The Registration No. is NTA-2285 of 19.01.1960.
h. The bidders who are registered dealers under the VAT Act should inform their registration
number. In absence of the registration number it will be presuming that they are not registered dealers.
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19. DECISION IN CASE OF DISPUTE :
In case of any dispute regarding the contract, the decision of The Chief Engineer (SWM& Transport).of the Corporation shall be final &binding on all concerned.
(a) Only the appropriate court in Mumbai will have Jurisdiction to deal with any disputes
arising out of contract. 20. STEPS FOR ACTUAL BIDDING PROCEDURE
** Go to Auctioneer’s website www.aaacpl.com and Enter “Login ID and Password”. When
a bidder logs in on www.aaacpl.com it is deemed that the bidder has accepted the Terms & Conditions of the Seller.
** After successful login the bidder will be able to view all the details about thee-Auction.
The bidder will also view the list of the Lots kept for e-Auction. ** The bidding screen will be available to the bidder to start bidding. There will be Lots
number and Lots name describing the Lots on hyperlink. ‘Current bid’ column will show the highest bid for the Lots. ‘Your bid’ column will show the bid amount for the Lots by the bidder.
** The Minimum Bid Price / Base Price has been recorded against each Lots. The software
will not accept any bid lesser than the Minimum Bid Amount. The bids shall be offered Lots-wise and in no case combined bidding shall be allowed.
** Bidder can click on the bid button in the row of the Lots to bid for those Lots. (The Bid
should be placed without any decimal or Comma marks) This will lead to a pop-up window to enter the bid amount for the lot. The bid amount should be greater than the current bid amount for that lot.
** The e-Auction is set for the particular time period and each Lots is allotted 30 (Thirty)
minutes at the maximum. Bidding will automatically stop at the end of the time period of each Lot. The server time will always be shown on the bidding screen to know the start time, remaining time and the time of close of e-Auction. No extension of bid time
** Highest bids made by the bidders are taken only Subject to Approval from the seller at
the close of the e-Auction. The bid value last accepted by the system will be taken for deciding the status. Only if two bidders bid with same amount, the first request received by the server will be the winning request.
❖ The bidders would be required to feed their bid – amount by using keyboard only. There is no
provision for increasing the bid by clicking at the key button for highest Bid + Increment.
❖ There will be a gap of 1 (One) minutes between the Lots for bidding and a suitable message will flash on the bidding screen.
Bidding during the last minutes of e-Auction may encounter certain unforeseen problems such as time-lag, heavy traffic, system / power failure at the user end etc. In order to avoid such problems and also not to lose out bidding, the bidders keen on buying any particular Lots, are advised not to postpone the bidding to the last moment and to give their maximum bid at the earliest.
1. Gone through the above-mentioned terms and conditions and steps for actual
bidding process and agree to take part in the E-Auction for sale of Unclaimed/Abandoned/Scrapped Vehiclesby M.C.G.M.
2. I/We have read the terms & conditions mentioned in the catalogues & I/We
confirm that, I/We have understood the same very clearly. There is no ambiguity whatsoever & they are acceptable to me & shall be binding on me/us.
3. The decisions on all issues taken by representatives of Seller in all respects
shall be binding on me.
4. I/We also undertake to abide by the additional conditions if announced during the e-Auction including the announcement of correction in catalogue and / or additions or deletions of items being offered for sale.
5. I/We note with due care that the Auctioneer shall be making the
announcements of correction with the consent and knowledge of the MCGM and Auctioneer shall not be liable for these last minute change.
6. Having inspected the Vehicle and satisfying the condition and type of the same,
I/we agree to take part in this Online E-Auction on an “AS IS WHERE IS BASIS AND WHATEVER IT IS” and “NO COMPLAINT BASIS”.
7. I/We also understand that I/we am/are legally bound to purchase the vehiclesat
the Price at which I/we place the bid.
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NO: ____________
Name of the Company /Individual _________________________________________ Contact Person (s) _____________________________________________________ Designation __________________________________________________________ Address _____________________________________________________________
______________________________________________________________________ ______________________________________________________________________ PAN NO. ________________________ VAT NO. ___________________________ Phone No.______________ Fax No._____________ Mobile No. ________________ E Mail 1) _____________________________________________________ 2) _____________________________________________________ In the event of any above information being found in-correct / in-complete the Participation shall be liable to cancellation by the Municipal Corporation of Greater Mumbai at any time and I/we shall not be entitled to any claim for Refund arising from the same. Lot No.. ___________________________________________________ CMD Amount : Rs. _____________________________________________________ (Rupees ____________________________________________________________) paid vide Receipt No. : _________________________________________________ DD / PO No. : __________________________________Dated : _______________ Bank Name and Branch :_______________________________________________ (See Bank List) _______________________________________________ Signature of Authorized Signatory with Name and Co. Seal.