Ultra Tech Cement Limited Gigenera Cement Works Gangavati Road KOPPAL DIST: PIN-583228. KARNATAKA Tele: 08539-286575 Online Auction Platform And Support Services Provided By: MATEXNET PVT. LTD. #303, III Floor, Surya Towers, Opp Shri Hanuman Temple, HMT Nagar, Nacharam, HYDERABAD – 500 076 Tel: 040-32994006/32994007 Fax: 040-40155336 E-mail: [email protected] WebSite: www.matexnet.com
PURCHASE THROUGH ONLINE INTERSE BIDDING MatexNet Pvt. Ltd. is an authorized e- commerce service provider for BUYER UltraTech Cement Limited, GGU Koppal to obtain rates online from eligible Transporters/Bidders through its portal www.matexnet.com. The sale and purchase are directly made by the Buyer and the short-listed seller/s (Bidder/s) approved by M/s ULTRATECH CEMENT LIMITED, GGU KOPPAL. (BUYER). M/s ULTRATECH CEMENT LIMITED, GGU KOPPAL will buy SERVICES of ELIGIBLE TRANSPORTERS as approved by them for Transportation of FLY ASH from BTPS Kuduthini to Ginigera Cement Works, Ginigera koppal. as per Annexure hereto through Online Reverse Auction subject to terms and conditions annexed hereto and as per schedule of programme given below.
Transportation of FLY ASH from BTPS SCHEDULE OF PROGRAMME Kuduthini to Ginigera Cement Works, Ginigera koppal Loading and unloading shall be done by UTCL ( transshipment not allowed).
Rs. 25,000/- (Rupees Twenty Five Thousand only ) by way of Demand Draft only drawn Last Date for receipt of Tender docs with on State Bank of India, Ginigera ( EMD Br.code:013146) AND SAME SHOULD BE SUBMITTED to any of the nearest MATEXNET OFFICES on or before 20.04.2015 04.30 p.m Ultra Tech Cement Limited Gigenera Cement Works Venue Gangavati Road KOPPAL DIST: PIN-583228. KARNATAKA 21.04.2015 - LOT NO. 01
Lot No.1 Closed Online Bid Reverse Auction date & time 11.00 a.m to 11.45 p.m
Lot No.1 Reverse Auction 03.00 p.m to 03.45 p.m Rs.5,618/- by DD in favour of MatexNet Pvt. Membership Fee - Ltd., payable at Hyderabad as Subscription Fee for ONE YEAR
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CONTACT DETAIL
S Narayanaswamy-Sr. Manager V. RAMASUBRAMANIAN Mob: 9849777236 GENERAL MANAGER.
Mob: - 9392065979 Mr.S.Ranganath /Mr.Susheel Kumar
Sr Executive Trading-04032994006/7
INDEX BUYING COMPANY DETAILS
Company Name UltraTech Cement Limited. Mr. P.S.N Murthy Contact Person(s) with designation Sr Manager - Commercial Mobile No. 9743246810 Email Id [email protected] Ultra Tech Cement Limited Address Gigenera Cement Works
Gangavati Road
KOPPAL DIST: PIN-583228.
KARNATAKA Phone Numbers ) Tele: 08539-286575
Fax No. Tele: 08539-286575 Other Key Officials (Names, Designations, Mr. Shashikumar.MP Phones) Ph : 9743246816 Service: Transportation Approx Qty Lot No Origin Destination Product per MONTH Type of Truck MT Ginigera Cement Bowser (correct 1 BTPS Kuduthini Works, Ginigera FLY ASH 9000 MT load as per RTO koppal Norms) PS: The Quantity mentioned are tentative / approximate and Lifting should be made as per the PLANT REQUIREMENT as communicated by UTCL GGU KOPPAL from time to time.UTCL GGU KOPPAL have the right to either Prepone/Postpone as may be required by the Plant.Rate to be quoted are per MT BASIS.
PRIMARY REQUIREMENTS ** Transporters should be willing to provide the following services unconditionally as the Client is interested to hire those Transporters who deliver their requirements without affecting their business under any circumstances.
Transporter Selection Criteria before Reverse Auction Ultratech Cement Limited would use the following parameters to select the parties for reverse auction. Ultratech Cement Limited reserves its right for the final decision o Turnover/Balance sheet for last 3 years o Fleet Strength-Minimum of 7-10 Own Vehicles & attached vehicles dedicated exclusively for this Job. o Clientele List with Latest work order copy duly attested o Infrastructure – own and available o Strength to provide service. o Regional strength. o Ability to provide trucks for each route in the respective market. o Vehicle tracking mechanisms and ability to provide (if needed) daily position of trucks.
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Terms specific to the Online Bidding for Transportation of FLY ASH from BTPS Kuduthini to Ginigera Cement Works, Ginigera koppal Loading and unloading shall be done by UTCL GGU ( transshipment not allowed). Being conducted on behalf of M/s Ultratech Cement Ltd, GINEGERA CEMENT WORKS.
1. Transporters are required to submit EMD as specified above by means of DD in favour of M/s Ultratech Cement Limited payable at Ginigera for participation in Reverse Auction (which shall be refundable).
Note : All the transporters are required to stamp & sign on each page of the terms and conditions of the client and submit in original to “MATEXNET’ concerned HYDERABAD office in original by 20.04.2015 before 04.30 p.m along with prescribed EMD.
TERMS AND CONDITIONS
SCOPE OF WORK:
Terms specific to the Online Bidding for Transportation FLY ASH from BTPS Kuduthini to Ginigera Cement Works, Ginigera koppal Loading shall be done by the Supplier. (Without transshipment). However unloading shall be under transporter’s scope
1) MOBILISATION OF TRUCK AND STAFF:
YOU HAVE TO MOBILISE SUFFICIENT NO. OF COVERED TRUCKS (WITH TARPAULINS) FOR THE ABOVE JOB AND POST SUFFICIENT STAFF AT DESPATCH STATION AND OUR FACTORY FOR DAY TO DAY JOB AND CO-ORDINATION WITH THE COMPANY. 2) TERMS OF PAYMENT
a. YOU SHALL BE DOING THE JOB ON TO- BE- BILLED BASIS. b. NO ADVANCE WILL BE PAID FOR THE ABOVE JOB. c. YOU SHALL SUBMIT YOUR BILLS ALONGWITH PROOF OF RECEIPT OF MATERIAL. d. COMPANY WILL MAKE PAYMENT AGAINST YOUR WEEKLY BILLS WITHIN 15 DAYS e. ALL THE TRUCKS WILL BE WEIGHED ON OUR WEIGHBRIDGE AND YOUR BILL WILL BE PASSED ON THE BASIS OF WEIGHT AT OUR WEIGHBRIDGE. ALLOWABLE TRANSIT SHORTAGE WILL BE MAX. 0.5% BETWEEN LOADING POINT AND DESTINATION POINT WEIGHMENT ON FORTNIGHTLY RECEIPT BASIS. FOR OVER AND ABOVE 0.5% SHORTAGE THE AMOUNT FOR CALCULATING SHORTAGE WILL BE THE ACTUAL MATERIAL COST. NO TRANSPORTATION CHARGES WILL BE PAID FOR SUCH SHORTAGES.
3) STATUTORY REQUIREMENTS: TRANSPORTERS WILL BE SOLELY RESPONSIBLE FOR COMPLYING STATUTORY REQUIREMENTS,
VARIOUS RULES AND REGULATIONS OF STATE / CENTRAL GOVT. AMENDED FROM TIME TO TIME.
INCLUDING RTO FOR SMOOTH TRANSPORTATION WITHOUT ANY DELAY. ANY PENALTY /FINE
IMPOSED BY SUCH AUTHORITIES WILL BE TO YOUR ACCOUNT . IT SHALL BE THE RESPONSIBILITY
OF THE TRANSPORTER TO FOLLOW THE PROVISIONS OF MOTOR VEHICLE ACT AND RULES
AMENDED FROM TIME TO TIME. OUR’S IS AN ISO 14001 AND IS 18001 CERTIFIED COMPANY. FOR
ANY VIOLATION OF THE SAME TRANSPORTER SHALL BE SOLELY RESPSONSIBLE.
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4) RIGHT OF APPOINTMENT COMPANY RESERVES ALL RIGHTS TO APPOINT ANY TRANSPORT / FLEET OWNER FOR ABOVE JOB AT ITS OWN DISCRETION.
5) TERMINATION OF CONTRACT IN CASE OF FAILURE TO TRANSPORT THE ORDERED / INFORMED QUANTITY, THE DEPOSIT AMOUNT WILL BE FOREFEITED. ALSO, IN CASE IF YOU ARE NOT PERFORMING WELL / VIOLATING ANY TERMS AND CONDITIONS OF AGREEMENT, THEN YOUR CONTRACT WILL BE CANCELLEDWITHOUT ANY NOTICE.
6) PERIOD OF CONTRACT: FROM APRIL 2015 TO 31.03.2016 .
7) DEPLOYMENT / PLACEMENT OF TRUCKS: YOU HAVE TO PLACE / DEPLOY YOUR TRUCKS AS PER INSTRUCTIONS OF MANAGEMENT.
IN CASE OF NON-PLACEMENT OF TRUCKS COMPANY RESERVES THE RIGHT TO :
a) MAKE NECESSARY ARRANGEMENTS TO DEPLOY REQUIRED TRUCKS FROM OTHER SOURCE AND DIFFERENTIAL COST SHALL BE CHARGED TO YOU/RECOVERED FROM DUES PAYABLE TO YOU. ALSO, YOU SHALL TRY TO TRANSPORT MAXIMUM NO.OF CONSIGNMENTS WITHOUT ANY TRANSHIPMENT. TRANSHIPMENT IS ALLOWED WITH PRIOR PERMISSION IN WRITING WHEN IT IS ABSOLUTELY REQUIRED IN WHICH CASE YOU SHALL ARRANGE FOR ADEQUATE PROTECTION OF THE MATERIAL.
8) LD FOR NON-PERFORMANCE LD @ Rs.50/- PER MT SHALL BE CHARGED / DEDUCTED FROM YOUR BILLS FOR THE SHORTFALL IN LIFTING THE MONTHLY TARGETTED QUANTITY FOR GYPSUM
IN CASE OF DELAY LD @ Rs. 50/- PMT SHALL BE CHARGED / DEDUCTED FROM YOUR BILLS FOR THE SHORTFALL IN LIFTING ENTIRE ALLOTTED QUANTITY WITHIN DELIVERY PERIOD.
9) ESCALATION CLAUSE: FOR LOT NO. 01 FLY ASH ( April, 2015 TO 31.03.2016 )
THE PRICES UNDER THIS AGREEMENT ARE FIRM AND FIXED AND NO ESCALATION
EXCEPT HIKE IN DIESEL PRICES WILL BE ALLOWED DURING THE CONTRACT PERIOD.
THE HIKE IN FREIGHT ON ACCOUNT OF INCREASE IN DIESEL PRICES WILL BE
ALLOWED AS PER THE POLICY OF COMPANY. IF ANY DECREASE IN PRICES OF DIESEL,
THE SAME WOULD BE ACCEPTABLE AS PER FOLLOWING FORMULA
a) The quoted offer rates are based on the present HSD rate. The present HSD is Rs.53.81 /-Per Ltr.
b) The above rate will remain firm during the validity of this contract and no escalation of whatsoever nature will be applicable, except in case of variation in price of diesel beyond +/- Re. 1/-.
c) any increase or decrease on HSD price would be applicable as per formula of GICW subject to variation by -/+ 2.5%. d) In case of any variation in diesel price, the base figure for the purpose of calculation will be retail selling price of diesel GINEGERA (M.S) as on the date of finalization of the contract.
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10) SECURITY DEPOSIT:
SUCCESSFUL TRANSPORTER/S SHOULD DEPOSIT Rs.3,00,000/-(Rupees THREE LAKHS
only ) AS INTEREST FREE SECURITY DEPOSIT INCLUDING EMD. THIS WILL BE
FORFEITED IN CASE YOU FAIL TO EXECUTE THE TRANSPORTAION AS PER AGREED
TERMS OF THE ORDER AND NO FURTHER CORRESPONDENCE WILL BE ENTERTAINED.
11) DELIVERY PERIOD
YOU SHALL LIFT THE ALLOTTED QUANTITY OF FLY ASH FROM THE DATE OF OUR INTIMATION / CLEARANCE. FLY ASH SHOULD BE LIFTED AS PER MONTHLY TARGET. UTCL, GGU KOPPAL have the right to Prepone/Postpone the Validity period as per the requirement of the PLANT.
IN CASE OF FAILURE IN EACH CASE, LD (CLAUSE 8) AS STATED ABOVE SHALL BE APPLICABLE
THE MATERIAL IS TO BE DELIVERED WITHIN A REASONABLE PERIOD OF 72 HRS FROM THE REMOVAL TIME OF THE DESTINATION. ANY QUANTITY / QUALITY TO MATERIAL OR DELIVERIES NOT MADE WITHIN REASONABLE PERIOD, THE LOSS SUFFERED ON ACCOUNT OF THE SAME WILL BE DEBITED TO YOU. DECISION OF THE COMPANY IN ASSESSING LOSS SHALL BE FINAL AND BINDING ON YOU.
IN CASE ANY UNFORSEEN EVENT TAKE PLACE THEN IT SHOULD BE BRINGS TO COMPANY NOTICE FOR TAKING NECESSARY ACTION. 12) DOCUMENTS:
YOU WILL CARRY ALL NECESSARY DOCUMENTS SUCH AS INVOICE DELIVERY CHALLAN IN DESIRED NUMBER OF COPIES ALONG WITH LR AND ANY OTHER FORMS FELT NECESSARY. WE WILL NOT BE RESPONSIBLE FOR ANY PENALTY/FINE IMPOSED BY ANY AUTHORITIES SUCH AS SALES TAX, OCTROI, EXCISE, POLICE, CHECK POST AUTHORITY ETC FOR INSUFFICIENT DOCUMENTS OR ANY OTHER REASON. SPECIFICALLY YOU SHALL OBTAIN THE DUPLICATE FOR TRANSPORTER COPY OF EXCISE INVOICE. THIS SHOULD ALSO BE MENTIONED IN THE L.R. HAVING SENT THE SAME WITH THE CONSIGNMENT. IF THE SAME IS NOT RECEIVED, THE AMOUNT OF EXCISE DUTY WILL BE RECOVERED FROM YOU.
13) QUALITY & QUANTITY: YOU WILL BE FULLY RESPONSIBLE FOR QUALITY AND QUANTITY OF DRY GYPSUM AND FLY ASH DELIVERED TO US. IN CASE OF ANY SPOILAGE / SHORTAGE / ADULTERATION CAUSED TO THE MATERIAL, LOSS ON ACCOUNT OF THAT WILL BE RECOVERED FROM YOU.
14) DISPUTES: ALL DISPUTES WILL BE SETTLED AT GINEGERA KOPPAL JURISDICTION.
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15) OTHER TERMS AND CONDITIONS: a) THE COMPANY HAS THE RIGHT TO APPOINT ONE OR MORE TRANSPORTERS FOR A PARTICULAR DESPATCH POINT. COMPANY HAS THE RIGHT TO ACCEPT OR REJECT THE BID OFFERS.
b) YOU WILL FOLLOW ALL THE RULES OF THE SELLERS / PURCHASER COMPANY FOR LOADING, UNLOADING AS PREVAILING FROM TIME TO TIME. UNLOADING AT OUR SITE IS IN TRANSPORTER’S SCOPE.
c) YOU SHOULD INSTRUCT YOUR DRIVERS TO PHYSICALLY CHECK THE MATERIAL AND DOCUMENTS BEFORE LEAVING DESPATCH POINT, SO THAT ANY EXCESS / SHORTAGE OF MATERIAL OR IMPROPER DUCUMENTS IS DETECTED IMMEDIATELY AFTER LOADING AND PROPER ACTION CAN BE TAKEN FOR THE SAME AT DESPATCH POINT.
d) THE VALUE OF ANY DAMAGE TO THE COMPANY’S PROPERTY BY TRUCK DRIVER OR ANY OF YOUR STAFF MEMBERS WILL BE DEBITED TO YOUR ACCOUNT. e) YOU SHALL BE FULLY RESPONSIBLE FOR ANY DAMAGE/ LOSS CAUSED TO YOUR TRUCK OR ANY INJURY TO THE DRIVER, CLEANER OF THE TRUCKS.
f) THE RATES QUOTED ARE INCLUDING UNLOADING AT OUR WORKS.
g) LOADING SHOULD BE AS PER THE LICENCED CAPACITY OF THE VEHICLE. EXCESS LOADING THAN THE PERMITTED QUANTITY SHALL BE ON TRANSPORTER’S RISK.
h) YOU SHALL ARRANGE FOR PROTECTION OF THE MATERIAL DURING TRANSIT BY WAY OF COVERING TRUCKS WITH TARPAULINES TO AVOID THE SPILLAGES. ANY SHORTAGES TO BE TRANSPORTER ACCOUNT.
i) QUANTITIES MENTIONED ARE APPROXIMATE/TENTATIVE & LIFTING SHOULD BE DONE AS PER THE PLANT REQUIREMENT AND AVAILABILITY OF MATERIAL
k) WE RESERVE THE RIGHT TO TERMINATE THE CONTRACT OR POSTPONE THE SUPPLIES WITH 3 DAYS PRIOR INTIMATION AND WITHOUT ASSIGNING ANY REASONS WHATSOEVER. l) YOU WILL MENTION TRUCK NO. AND ORDER NUMBER IN ALL YOUR CONSIGNMENT NOTES.
m) INCOME TAX SHALL BE DEDUCTED AS PER RULES.
ASSIGNMENT:
The assignment will not be sub contracted and you shall be solely responsible for fulfillment of obligation of the contract.
LABOUR LAWS:
Your site in-charges/supervisors/workmen who are entering our plant premises should be above 18 years.
CONFIDENTIALY:
Each party shall treat its terms as confidential and shall not divulged / copied / disclosed them to any third party (other than to its professional advisors or as required by law) without the written consent of the party.
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ENTIRE AGREEMENT: This contract contains the entire agreement between the parties, with respect to the subject matter and all proposals negotiations and representations with reference there to be merged herein.
RISK PURCHASE CLAUSE
If the transporter not performed as per the scope of work and any other transport agency being engaged by UTCL through market vehicle, in that case transportation expenses incurred shall be recovered from the transporter. Security Deposit shall be forfeited by giving enough chances for improvement even then not improved no security deposit shall be refunded.
An opportunity would be given to perform if fails then warning letter being issued in such cases UTCL decision is final to penalize the transporter under risk purchase clause. UTCL have the rights to appoint any additional transportation if required.
ARBITRATION:
For any dispute or difference arising out of this contract shall be settled by Arbitration as per provisions of the Indian Arbitration and Conciliation Act, 1996, and the rules made there under or any statutory re-enactment, modification or extension thereof for the time being in force. The arbitration proceeding shall be held at KOPPAL Dist. (KARNATAKA).
ENVIRONMENTAL OBLIGATIONS:
You shall ensure that the environmental laws applicable for transportation are abided. This includes:
a) There should be no spillage of material during transit and factory premises of UTCL.
b) The vehicle should be road worthy and comply with the pollution control requirements as shall be applicable.
SOCIAL ACCOUNTABILITY:
You should ensure and committed to follow all the standard requirement of SA-8000 elements (Child Labour, Forced Labour, Freedom of Association & Right to collective bargaining, Health & Safety, Discrimination, Disciplinary practices, Working Hours, compensation) and it is mandatory that you and all your sub-suppliers implement and promote the requirement of SA- 8000. No child labour will be allowed in side UTCL premises.
SAFETY COMPLIANCE / ROAD SAFETY:
You and your site in-charges/supervisors who are entering in to GGU plant premises should strictly follow & implement the Safety Rules. Those who ignore or violate the Safety systems rules & practices at GGU plant premises will be seriously viewed and punishment or penalty will be even up to termination of the order.
The vehicles deployed by you should comply mandatory requirement as per given Annexure, failing which the vehicles may not be allowed to enter the plant premises.
The following Road Safety Standard - ANNEXURES to be filled and signed by undertaking from the successful bidder on acceptance of the transport contract.
a) Annexure – 2, General road safety requirements for transport related contractor’s management. b) Annexure – 11A, Check list of Fitness of Different type of Heavy Vehicles.
GOVT.RULES & REGULATIONS: You will be solely responsible for complying with all statutory requirements and various rules and regulations of State/Central Govt. whichever are applicable for transportation of mineral to our company. Page 7 of 16
RIGHT OF APPOINTMENT: Company reserves all rights to appoint any transport / Fleet owner for above job at its own discretion.
DETENTION CHARGES: No detention charges shall be paid at the time of loading/unloading whatsoever may be the reason.
GENERAL TERMS & CONDITIONS OF THE ONLINE AUCTION
Definitions
BUYER: - Buyer referred in this catalog, is M/s ULTRATECH CEMENT LIMITED, Ginegera Cement Works, Koppal. .
SERVICE PROVIDER: Matexnet Pvt. Ltd (hereinafter referred to as “MatexNet”) is an e- commerce service provider appointed by the seller to facilitate virtual auction by the seller. Matexnet will only facilitate online auction and are considered as third party not particularly interested in the item/s being sold on behalf of seller.
BIDDER – Any person - as an individual OR a proprietor OR a partner OR an authorized representative of any company OR any legal entity and who is paying the requisite EMD and registered at Matexnet and who is permitted by the BUYER M/s Ultra Tech cement Limited, GGU Koppal, to make or place a bid for and sell the auction property either in part or in full is considered as a bidder. One individual can represent as a bidder on his own behalf and on behalf of other companies provided he registers himself in those capacity separately i.e. for each representation he should pay separate Earnest money deposit. Successful Bidder is that Bidder in whose name confirmation of sale is issued by the seller.
GENERAL TERMS & CONDITION 1.0 GENERAL TERMS & CONDITIONS
o ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS reserves the right to modify and amend the terms & conditions and announce the same at any time before the auction concludes. Announcements during the auction on the website including announcement of any additional conditions OR correction in the catalogue and/or additions or deletions of items being offered for sale are being done with the consent and knowledge of ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS and it is binding on the bidder.
o Participation and bidding in this Auction shall be treated as conclusive evidence of the fact that the bidder has carefully gone through the Route list for individual lots and fully understood the requirements of ULTRATECH CEMENT LIMITED,GGU, GINEGERA. It shall also imply that the bidders have understood the terms and conditions of Auction including the amendments if any, prevailing at the time of Auction. ULTRATECH CEMENT LIMITED, GCW, GINEGERA/Matexnet will not entertain any complaints or objections once Bid is placed.
o The lowest bidder does not get any right to demand acceptance of his offer. ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS reserves the right to accept/ reject/ cancel any bid, either fully or partially from Auction even after acceptance of bid/ issue of work order without assigning any reason thereof. In the event of such rejection/ cancellation/ withdrawal, ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS shall not be responsible for any damages/loss whatsoever to the successful bidder on account of such withdrawal. ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS retains the right to allot the requirement to more than one bidder or consolidate the requirements among one or more bidders.
o EMD/SECURITY DEPOSIT amount will not carry any interest.
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o In the event of failure on the part of the successful bidder to fulfill his contractual obligations, COMPANY / Matexnet reserves the right to debar such bidder from participating in any future auction conducted by Matexnet on behalf of COMPANY and forfeit the EMD without further notice.
o Bidders shall commit to supply the transport service (being bid for) at the rate entered by them in the online bid AND at the terms and conditions specified herein by the ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. All bids placed shall be legally binding on the Bidders. Bidders are strongly advised to exercise due diligence while placing bids. Failure to honour the bids placed during the online Bid shall render the bidders liable for any penal action as deemed fit by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. / Matexnet.
o In the event of winning an allotment in the bidding event, the bidder shall commit to fulfil outlined obligations under the contract. o The bidder shall bid on the terms specified herein by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. and place their bids in the manner specified by Matexnet. The Bidder shall not stipulate any conditions on his/her own. ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS.. retains the right of rejecting the bids after the reverse auction/bidding.
o ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. or Matexnet shall not be responsible for any delays in initiating the online bidding event or postponement/cancellation of the online bid proceedings due to any problem with the hardware/ software/ infrastructural facilities or any other shortcomings. Disclaimer – 3.2 Matexnet runs its business on the basis of a robust Web Site. However, Matexnet is outsourcing server space from a third party hosting company and hence shall ensure the smooth running in all good faith and intention. However Matexnet will not be held responsible for any failure of power, network, server, hosting server, internet connectivity, ISP or otherwise at Bidders end or at Matexnet directly or indirectly affecting online method of Bidding.
3.3 Matexnet takes no responsibility of the quality, quantity, documentation details of Company / bidders. Both the Company & Bidders agree to defend, indemnify and hold harmless Matexnet from any loss, damage, cost and expenses caused by any reason during this transaction. In no event shall Matexnet be liable for any loss for the transactors by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matters regarding this transaction and have understood in full that Matexnet has provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc. Since Matexnet does not possess knowledge base of the transaction, both the parties agree that the matter contained in the materials as a part or as a whole does not violate any applicable law. Matexnet Pvt. Ltd. is only an e- commerce service provider, and is not and cannot be a party to or control in any manner any transactions between the Company and Bidders. Matexnet Pvt. Ltd. shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Company and Bidders. 3.4 The Company/Bidders agree to limit the liability of Matex Net Pvt. Ltd. to them for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, so that the total aggregate liability of Matex Net Pvt. Ltd. to the Company/Bidder shall not exceed it’s total fee receivable from the Company / Bidder. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.Wherever images of the auction property are displayed, Bidders may note that MatexNet does not represent or warrant that the images are accurate, complete, reliable, current or error free even though care has been taken to present them. They are only indicative in nature. Hence, bidders are advised to physically inspect the auction property before placing bids. TIMING OF ONLINE BID – Time, wherever mentioned in any document relating to the event including the auction catalog, refers to Indian Standard Time (IST) i.e. UTC + 05.30 hrs. All the timings of the Online Bid shall be based on the time indicated by the Server hosting the Auction Engine. It shall be the endeavour of MatexNet to ensure that the Server Time reflects as closely as possible the Indian Standard Time (IST) i.e. UTC + 05.30 hrs. However, in the event of any deviations between the Server Time and the Indian Standard Time, the functioning of the Auction Engine (Start, operation, closure) would be guided by the Server Time. Bidders are advised to refresh the right side window of the Auction room to check the exact Server Time that is displayed thereS
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PARTICIPATION o The prospective bidders who are qualified by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. & register with Matexnet by depositing the prescribed EMD will be eligible to participate after they affix their stamp and signature on all pages of this catalogue along with the supporting documents and submit it to any of the Matexnet Offices on or before 20.05.2014 by 04.30 p.m.
o Matexnet will activate the User – Identity of such registered bidders to enter into Website www.matexnet.com
o Bidders/Seller may note that any payments by DD or cheque or any other means towards EMD/Security Deposit or other purposes received by MatexNet on behalf of Seller/Bidder shall be handled in good faith and intention. However MatexNet shall not be responsible for the loss of the DD/Cheque from its custody due to reasons beyond its control such as fire, theft, burglary, loss in transit, accident, war, riots, civil commotion, any terrorist activity, any natural calamity, adverse weather and climatic conditions etc.
o Bidders SHOULD NOT disclose their PASSWORD to anyone and safeguard its secrecy. Bidders are advised to change the Password.
Transaction Password – In order to have an additional layer of security, bidders have to authenticate their entry into the virtual auction room using their transaction password. Only then they will be able to place their bids. Bidders can set their transaction password and have to confirm the same with OTP that will be sent to their registered mobile number and their registered email id. Transaction password is session specific.
3.0 CONDITIONS APPLICABLE TO “ONLINE” AUCTION METHOD OF BIDDING
RECEIPT OF CLOSED ONLINE BID
Validity: FOR FLY ASH -The Online auction bidders and Tender bidders must keep their bids valid for a period from the date of closing of Reverse auction and for further period ie; APRIL,2015 to 31.03.2016 from the date of closing of e-Auction excluding the date of closing. However UTCL,GGU KOPPAL reserves its right to PREPONE/POSTPONE based on the Plant Requirement.
Prospective Transporters who remits requisite EMD have to log in www.matexnet.com and after giving acceptance of Terms and conditions online should submit their Budgeted Rate PER MT BASIS on 21.04.2015 between 11.00 a.m to 11.45 a.m.
The bidders are free to revise their bids any number of times during this period. The latest bid will overwrite and supersede all the previous bids. Only the latest bid will be considered & time extension will not be permitted during closed bid session.
Auto bid facility is not available for the closed bid event.
Bidders will be able to see only the bids placed by them.
Closed bids will be opened by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. on 21.04.2015 after 11.45 a.m
Normally L1 Bid of each Lot shall be considered as Start Bid or any other price as dedcided by UTCL GGU Koppal Management for the E Auction scheduled on 21.04.2015 b/w 03.00 p.m to 03.45.p.m Contract / Sale order shall be awarded to the successful Bidder of e auction subject to the final price approval by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. MANAGEMENT
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REVERSE AUCTION o Time Extension: If any market-leading bid (bid lower than the lowest at the point in time) is received within the last 3 minutes (“Time Extension” as mentioned in the Bidding Room will be in force & 3 Minutes is an example) of closing time, the time will be extended automatically by 3 minutes. o Training: Matexnet will provide training (online) if required by the bidders at a mutually convenient date and time before the Auction. o Bids: All bids placed are legally valid bids and are to be considered as bids from the bidder himself. Once the bid is placed, the Bidders cannot increase or withdraw the bid for whatever reason. If done so, ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS, will forfeit the EMD. The lowest and the latest bid on the Auction shall supersede all the previous bids of the bidder. The bidder with the lowest offer/ bid does not get any right to demand acceptance of his Bid.
AUTO BID:
3.5.1. Auto Bid facility is provided for bidders intending to place a minimum value for a lot/lots.
3.5.2. Auto bid is not a confirmed bid. It is only the minimum floor amount set by the bidder to enable the auction engine to place bids on behalf of the bidder, whenever he is out bidded, up to the floor level set by him.
3.5.3. Once auto bid is set, the auction engine will consider the ceiling amount for the next possible Bid only, depending on the lowest bid prevailing at that point of time and the decrement amount prescribed for that particular lot.
3.5.4. Bidders may please note that in the event of a manual bid amount matching that of auto bid, the manual bid will prevail and be considered.
4.0 SPECIAL TERMS & CONDITIONS:
4.1.1 Delivery of Consignment: It is the responsibility of the transporter to obtain proper acknowledgement on the lorry receipt with seal of the consignee when materials are delivered. In all cases where proper acknowledgement is not obtained from consignee for the full quantity of the materials consigned, the transporter will be fully responsible for consignment not delivered either in part or full and cost of the consignment will be recovered from transporters.
4.2.0 Persons deployed for this job:
4.2.1 Transporter shall ensure that all employees/persons engaged/authorized by him for carrying the work/behave properly with the company’s officers/staff. In the event of any misbehavior, reported by the concerned officer/staff of ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS Site Office supplier, the transporter shall immediately replace such employee/person from the works.
4.2.2 Transporter shall provide insurance cover to your staff/workers as required as per Workmen Compensation Act as per Government Rules etc. The rates indicated are inclusive of insurance charges and all other statutory payment to the workers. Transporter shall provide their skilled supervisor at the time of loading & unloading for safe working.
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4.2.3 Transporter shall maintain all records of their staff/workers for Provident Fund, ESI and all other statutory records to the Government as per law and Transporter shall furnish us the Provident Fund and ESI Account particulars whenever required. 4.3.0 Traffic Regulations and Requirements: 4.3.1 It is responsibility of the transporter to provide at his cost the required personnel for running the vehicles and shall ensure vehicles of suitable size capacity and quality, keeping in view the Government Regulations and safety of transportation of the consignments to the destination.
4.3.2 All the road permits and licenses or any other relevant authorization from competent authority as required for running the vehicles shall be obtained by the transporter at his own cost as per the Indian Motor Vehicle Act. ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS will not be responsible for any complications arising out of such contingencies. Any contingency arising in this respect shall entirely be the transporter’s responsibility.
4.3.3 The transporter shall be solely responsible for any mishap such as accident, fire etc., en-route and consequences thereof, including legal, consequences if any. The transporter shall be responsible for delivery, in good condition of consignments booked through them.Overload is not permitted beyond the capacity of the vehicle. Transporter shall not overload the vehicle beyond its capacity under any circumstances.
4.4.0 Road Permits/Way Bills:
4.4.1 It is the responsibility of the transporter to co-ordinate and collect the required Road Permits from ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. /Supplier to avoid any delay in transportation. Such road permits shall be used only for the purpose they have been issued. Misuse of road permits will attract penalty as decided by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. Further, transporter have to ensure that used road permit/s is / are handed over to ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. site and acknowledgement to be obtained for the same. Statement comprising of material dispatched and Road permit/way bill utilized shall be submitted first week of every month to ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. 4.4.2 Prevailing - toll tax is in transporter account. 4.5.0 Transportation 4.5.1 Transporter shall also make available to ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. all papers that ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS may require to produce to their underwriters to settle our claim. Any damage caused to ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. materials due to Transporter’s negligence shall be charged to the Transporter or deducted by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. from the payment due to the Transporter. Transporter shall provide stoppers and tarpaulins during bad weather. Official Language: All correspondence in respect of this contract will be in English only.
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5.0 FORCE MEJEURE CLAUSE:
5.1 If, at any time during the continuance of this Contract the performance in whole or in part by either party of any obligations under this Contract shall be prevented or delayed by reason of any War, Hostile acts of the public enemy, Civil Commotion, Epidemics, or Acts of God (Floods, Storm/Cyclone, Hurricane, Earth Quake etc.) then provided notice of happening of any such event is given by either party to other within 7 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this Contract nor shall either party have any claim for damages against the other in respect of such non-performance and delay, and performance under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist. If the performance in whole or part of any obligation under this Contract is prevented or delayed by reason of any such event, claims for extension of time shall be granted for periods considered reasonable by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS subject to prompt notification by the transporter
6.0 SIGNING OF CONTRACT:-
6.1. Each contract document shall be signed by the transporter with his usual signature. Contract by partnership or Hindu Joint Family firm, may be signed in the FIRM'S name by one of the Partners or the Karta or Manager as the case may be or by any other duly authorized representative followed by the name and designation of the persons so signing. Contracts by a Company shall be signed with the name of the Company by a person authorized in this behalf and a power of attorney or other satisfactory proof showing that the persons signing the Contract documents on behalf of the Company is duly authorized to do so, shall accompany the contract.
6.2 All statutory requirements under Minimum Wages Act,1948, Factories Act 1948, Workmen Compensation Act 1923, Employees Provident Fund and Miscellaneous Provisions Act,1952, Payment of Gratuity Act 1972, Employee State Insurance Act 1948, Contract Labour(R&A) Act 1970, Payment of Bonus Act 1965, Income Tax Act, Service Tax Act and all other applicable Acts shall be complied with by the transporter.
6.3 Transporter shall comply with all statutory requirements, rules, regulations, notifications in relation to employment of his employees issued from time to time by the concerned authorities.
6.4 The Transporter shall watch and safeguard the interests of ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS during the performance of the work. The Transporter shall carefully check each consignment with the relevant dispatch documents to ensure correctness of each dispatch and each delivery.
17.0 THE RATES QUOTED ARE INCLUDING UNLOADING AT OUR WORKS.
18.0 In the event of any dispute between ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. and the bidders, forfeiture of EMD by ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. etc., Matexnet shall not be held responsible.
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Pre-Bid Confirmation letter & Training Certificate for participation in On-line negotiation event on behalf of M/s ULTRATECH CEMENT LIMITED, GINEGERA CEMENT WORKS. to be held on MATEXNET platform.
To, Date:
Ultra Tech Cement Limited Gigenera Cement Works Gangavati Road KOPPAL DIST: PIN-583228. KARNATAKA Tele: 08539-286575
Kind Attn.: Mr.P.S.N.MURTHY Senior Manager (COMMERCIAL).
Dear Sir,
With reference to the above, we hereby confirm, our participation in the online negotiation event for Transportation of FLY ASH from BTPS Kuduthini to Ginigera Cement Works, Ginigera koppal. Loading and unloading shall be in UTCL-GGU scope(Without transhipment).
We have read and understood the Rules & Regulations of this event, enclosed our budgetary quotation and shall place our bid in-line with mentioned Terms & Conditions accepted and signed by us.
The details of person who would be bidding on the day of the Online Negotiation and took necessary training for the above process is given below:
Name: Designation:
Tel No.: Mobile No. :
Email ID: Place of Bidding
Signed By:
Name : Date :
Designation : Place:
(with Firm’s Rubber Stamp/Seal )
Encl :
1) Signed copy of Request For Quotation.
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Valid Only If Submitted On Company Letter Head> Post Bid Confirmation
To, Date: Ultra Tech Cement Limited Gigenera Cement Works Gangavati Road KOPPAL DIST: PIN-583228. KARNATAKA Tele: 08539-286575
Kind Attn.: Mr.P.S.N.MURTHY Senior Manager (COMMERCIAL).
Dear Sir,
Sub: Confirmation of the Bid placed during Online Negotiation Event Transportation of FLY ASH from BTPS Kuduthini to Ginigera Cement Works, Ginigera koppal. Loading shall be done by the Transporter. (Without transshipment). However unloading shall be under UTCL, GGU KOPPAL scope By signing this document, we confirm and are pleased to submit herewith the concluded bid value placed by us, in line with R&R document earlier signed by us. Service : Transportation
FINAL BID Approx/ PLACED Lot Tentative Origin Destination Product Type of Truck THROUGH No Qty per REV AUCTION annum MT PER MT RS.
Ginigera Cement Bowser (correct 1 BTPS Kuduthini Works, FLY ASH 9000 MT load as per RTO Ginigera Norms) koppal
PS: The Quantity mentioned are tentative / approximate and Lifting should be made as per the PLANT REQUIREMENT as communicated by UTCL GGU KOPPAL from time to time.UTCL GGU KOPPAL have the right to either Prepone/Postpone as may required by the Plant.
Name: Designation:
Tel No.: Mobile No. :
Email ID: Place of Bidding:
Signed By: Name : Desig:______Date:______Place:
(with Firm’s Rubber Stamp/Seal )
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BIDDING PROCEDURE & INSTRUCTIONS
1. Go to www.matexnet.com
2. Enter “Login ID “ and “Password”.
3. When a bidder logs in for the first time for the particular auction, bidder has to accept to the Terms & Conditions. (After accepting the terms & conditions of the company only you will be able to bid)
4. After accepting the terms and conditions you will be taken to the auction-listing page where you will be able to see all the details about the auction.
5. Click on Auction Room link on the top of this page. This will take you to the Bidding Page. A separate Window opens which is the Bidding room. RECEIPT OF CLOSED ONLINE BID
6. Prospective Transporters who remits requisite EMD have to log in www.matexnet.com and after giving acceptance of Terms and conditions online should submit their Budgeted Rate on 21.04.2015 between 11.00 a.m to 11.45 a.m
7. The bidders are free to revise their bids any number of times during this period. The latest bid will overwrite and supersede all the previous bids. Only the latest bid will be considered & time extension will not be permitted during closed bid session.
8. Auto bid facility is not available for the closed bid event.
9. Bidders will be able to see only the bids placed by them
REVERSE AUCTION – 21.05.2015 B/W 03.00 p.m to 03.45 p.m
10. You can either Bid Manually OR can use Auto-Bid denoting ‘A’ , the computer will bid on your behalf upto that value given by you)
11 In the Manual Bid option, you can give your bid in the blank text box available against each ITEM and submit it every time. A bid confirmation pop up box will appear to confirm the bid to be posted or not. If you confirm, by clicking yes, your bid will be posted. After it accepts, that will appear in “Your bid” column on the right side screen of Bidding Room. Also the Lowest bid amount will be displayed in “Lowest bid” column. If you are the Lowest bidder at the time, “Your Bid” column will be highlighted with “green” background.
12. For Auto Bid, Click on the “A” icon related to the item you want to bid. It will open a small window where you can place your “auto bid“. Enter your starting bid amount in “Your Amount” text box, the minimum decrement is a optional text box and by default it will take the minimum decrement amount which is fixed by the company for that product. Enter the maximum amount in the “Maximum Ceiling Amount” text box. Submit your auto bid after filling all the above values.
13. The bid of the lowest bidder will also be displayed without the identity
14. In case of any Bids falling in the last 3 minutes of the stipulated closing time the auction will be extended for further period of 3 minutes Automatically until no further bids are received. ______
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