MUMBAI PORT TRUST DOCKS Sale of uncleared goods by e-Auction e-Auction Sale No. 57(SMC/WCC) due on 11.12.2006 Bidding time on GAPL Website “www.bid2buyonline.com” From 09:00 am on 11.12.2006 To 03:00 pm on 11.12.2006 NOTE: Sale of uncleared / unclaimed cargo will be done by e-Auction on internet. e-Auction will be conducted by Gandhi Auctioneers Pvt.Ltd.(GAPL) having their office at 302, Bluechip, C.D. Barfiwala Rd., Andheri (W), Mumbai - 400058 on behalf of Mumbai Port Trust. Interested buyers who wish to participate in MbPT e-Auction are required to get themselves registered with GAPL. For details, kindly visit GAPL website “www.bid2buyonline.com” alongwith your E-mail address. Temporary permits to enter docks shall be issued from the office of the Deputy Manager, Auction Sales. The bidders shall give their bids for the lots on GAPL e-Auction website within the bidding time as indicated above. TERMS AND CONDITIONS 1. All the lots will be sold on lot basis except those mentioned as specifically on weight basis. 2. The detailed list of lots of each e-Auction will be available on GAPL’s e-Auction Website www.bid2buyonline.com, two weeks prior to the date of e-Auction or as per the time schedule indicated on the website. Copies of e-Auction sale list will also be available with the Book Keeper, MbPT priced at Rs.30/- each. The bidders shall give their bids for the lots on GAPL e-Auction website within the bidding time as indicated above. 3. Offers shall be given only on the basis specified in the Auction list. Bidders will note that in certain cases offer is called for on weight basis i.e. on gross weight and in other cases on lot basis. Therefore offers given in on basis other than the one specified for the lot will be summarily rejected. Similarly offers received without indication of any basis, especially for those lots where offer is called for on weight basis, will also be rejected. 4. Conditional offers will not be accepted / entertained. 5. (A) For goods sold on the spot : In conformity with the Section II(C) of Docks Scale of Rates, the successful bidder will get 5 free working days following the date of confirmation of the sale, who shall have to pay 40% of Sale Price as Security Deposit, out of which he shall pay 10% on the working day following the date of intimation by GAPL by E-mail of confirmation of sale. The bidder has to pay balance Security Deposit of 30% of the Sale Price within 2 working days following the date of payment of 10% of Security Deposit. The bidder has to pay balance 60% of Sale Price and take delivery of the goods within the next 2 working days. (B) For goods sold subject to confirmation : The results of bids accepted subject to confirmation shall be intimated to the bidders, within a period of 45 days from the date of sale, by GAPL by Email. The bidders whose offers are accepted subject to confirmation shall have to pay 40% of the sale price as security deposit, out of which he shall pay 10% on the working day following the date of intimation thereof by GAPL by E-mail. He shall pay balance 30% of security deposit within 2 working days following the date of intimation of confirmation of sale by GAPL by E-mail. Upon confirmation of sale of lots sold subject to confirmation, the purchaser has to pay balance 60% of sale price and take delivery of the goods within the next 3 working days. (C) The payment of both Security Deposit as well as balance payment must be made by way of P.O./D.D on any scheduled bank in favour of “TRAFFIC MANAGER, MUMBAI PORT TRUST “, payable at Mumbai and the same should be deposited with the Book-keeper, MbPT, O.S.C. Bldg., (1st floor), Opp. GPO, P.D’Mello Road, Mumbai – 400 001, between 10.30 a.m. and 3.30 p.m. on week days and between 10.30 a.m. and 1.00 p.m. on Saturdays. (NOTE : (i) The abovementioned payment and delivery time will be counted from the date of issue of Intimation Letter / Acceptance Letter by GAPL by e-mail, hence bidders must keep a watch on their incoming e-mail. Hard copy of the Intimation Letter / Acceptance Letter will be issued by GAPL by Speed Post / Courier to the successful bidders only for the purpose of record and non-receipt or any delay in receipt of Hard Copy of Intimation Letter / Acceptance Letter will not be considered as the ground for extension of time for making payment of Security Deposit/Sale Price. Bidders should therefore contact GAPL’s office personally next day after closing of e-Auction for collecting the Hard Copy of the Intimation Letter / Acceptance Letter if they so desire. (ii) The mode of payment will be strictly as mentioned in Clause No.5 (A) & (B) above of the TERMS AND CONDITIONS of Sale). 6. The Purchaser shall effect delivery of the goods within the period specified at 5(A)&(B) above. The goods may be allowed to be cleared on expiry of free period, on payment of demurrage which shall be recovered at the rate of Rs.100/- per ton per diem. Extension of time limit shall however be restricted to 15 calendar days following the date of intimation of confirmation. 7 (a) In case the successful bidder pays the Security Deposit but fails to pay the balance sale value alongwith applicable duties and taxes within the due date, the sale shall stand cancelled and security deposit forfeited. However, if the successful bidder fails to deposit security deposit as stipulated in condition No.5 above, the registration of the bidder will be cancelled forfeiting the registration fees, thereby debarring him from participating in future e-Auctions. (b) Offers received in respect of lots sold subject to confirmation shall remain open for a period of 45 days. If the offer is withdrawn within 45 days, the Security Deposit paid will be forfeited. In case the sale is not confirmed within 45 days, the purchaser if he so desires, can withdraw his offer at any time before confirmation of sale and seek refund of security deposit. However, he shall have no right to withdraw his offer once the sale is confirmed. If the offer is withdrawn after the confirmation of sale, the Security Deposit will be forfeited. 8. The delivery order alongwith custom out of charge Bills of entry format shall be issued to the successful purchaser by the office of the Deputy Manager, Auction Sales, MbPT. The successful purchaser shall produce the said delivery order to the Book Keeper of MbPT, make payment of the sale price and obtain remittance slip and delivery endorsement on the delivery order. The successful purchaser shall also get the delivery order, custom out of charge Bills of entry format audited and thereafter approach the Shed/ Warehouse for effecting delivery of goods. 9. For delivery of lots, particularly those sold on weighment basis purchasers are requested not to wait for the last free date to effect delivery as no extension of time will be allowed for any delay on account of departmental formalities, eg. Payment of price for additional quantities ascertained at the time of weighment. Goods shall be weighed under the supervision of MbPT Auditors. 10. For all the goods sold subject to mutilation and fumigation and allied Customs Pollution Control Board formalities, any other permission / licence as required by the respective enforcement authority, should be obtained / possessed by the intending purchaser”. In case of liquor consignment, photocopies of FL-I, FL-II, FL-III or any other certificates/documents as applicable duly attested by Excise authorities should be produced to the Deputy Manager, Auction Sales. Offers without such documents are liable to be rejected. Lots subject to NOC from Plant Quarantine may be required to be fumigated by the purchaser before delivery if directed by the P.Q authorities. Free period of 30 calendar days ONLY will be allowed for completing all formalities following the date of confirmation of offer. In these cases, the Purchaser shall make payment of the bid amount as stipulated in Condition No.5 above. If these formalities are not completed within that period, warehouse rent of Rs.100/- per tonne will be recovered from the 31st day following the date of confirmation of offer. The Security Deposit / Balance Purchase Price will be forfeited and sale cancelled, if the Purchaser fails to complete the formalities and effect delivery of the lots upto 45th day following the date of confirmation of the sale. 11. All goods sold subject to approval of Asstt. Drug Controller/Port Health Officer/Plant Quarantine Officer shall be referred to the respective authorities by MbPT for obtaining fitness of the goods within 30 calendar days following the date of sale. In these cases the purchaser shall make payment of 40% of sale price as Security Deposit as per the following schedules. (a) Goods sold on the spot (i) 10% of the sale price on the working day following the date of intimation by GAPL of confirmation of sale subject to approval by Asstt. Drug Controller / Port Health Officer / Plant Quarantine Officer. (ii) Another 30% of the sale price within 2 working days following the date of intimation to the bidder by MbPT of fitness of the lot by Asstt. Drug Controller/Port Health Officer/Plant Quarantine Officer. (iii) Payment of balance 60% and clearance of the lot within 3 working days following the date of payment of 30% sale price. (b) Goods sold subject to confirmation by Traffic Committee (i) 10% of the sale price on the working day following the date of intimation by GAPL of confirmation of sale subject to approval by Asstt. Drug Controller/Port Health Officer/Plant Quarantine Officer. (ii) Another 30% of the sale price within 2 working days following the date of communication of approval of Asstt. Drug Controller/Port Health Officer/Plant Quarantine Officer or confirmation of sale by Traffic Committee. (iii) Payment of balance 60% and clearance of the lot within 3 working days following the date of payment of 30% of sale price. 12. To ensure that consignments of bulk drugs are sold to only actual users i.e. Manufacturers holding valid manufacturing licence under Form 25 or 28 with valid permission for the usages of said bulk drugs in its formulations, the bidders should produce the following documents in original or copy duly certified by ADC, Mumbai to the Deputy Manager, Auction Sales upon confirmation of acceptance of offer subject to production of the said licence. (i) Copy of their licence for manufacturing the specific product duly certified by Asstt. Drug Controller, Mumbai for which offers are given. (ii) In case of drug consignments such as Citric Acid, Propolyne Glycol, Tartaric Acid, Glycerin, Sodium Saccharine, Potassium Permanganate etc. which may be found fit for medicinal use by the Asstt. Drug Controller, offers will be entertained from the actual users only and while giving the offers at the time of Auction they should fulfill the condition stipulated under condition No.12 above. The above drugs can be sold for non-medicinal use also subject to NOC from Asstt. Drug Controller. In this case, the actual users condition will not be applicable. The delivery of such lots will be given after obtaining NOC from Asstt. Drug Controller, after marking on the packages “NOT FOR MEDICINAL USE” and deletion of pharma standard, if any, on the packages in the presence of Asstt. Drug Controller’s representative. The purchaser shall have to give declaration that the material will be used for non-medicinal purpose only. 13. The lots consisting of food grains etc. which have been certified unfit for human consumption by the Port Health Officer and listed for sale as cattle feed shall be sold to the manufacturer of cattle feed registered with the FCI. In this case, successful bidders shall produce the original registration certificate with FCI to the office of the Deputy Manager, Auction Sales for verification prior to issue of Delivery Order. The purchaser shall also furnish an undertaking that the material will be used for cattle feed only after testing at his premises. In case the material is found unfit for cattle feed the same will be destroyed by the Purchaser at his own cost. 14. All the goods sold by Auction sale lie at the risk of purchaser until the goods are removed. 15. The Traffic Manager reserves the right to withdraw any lot or part thereof from sale including those sold subject to confirmation even though only confirmation of DC/PHO/PQ or Fumigation will be pending at any time without assigning any reason. 16. Sale of uncleared and unclaimed goods shall be subject to such other conditions as may be specified from time to time in accordance with the prevalent rules, regulations etc. applicable to the Mumbai Port Trust. 17. Lots should be inspected by the intending purchaser before making an offer and lots will be sold on ‘AS IS WHERE IS BASIS’. Once an offer is accepted purchaser will have to take delivery of the goods notwithstanding all the faults and flaws, if any, in the condition or description etc. of the goods irrespective of whether it was actually inspected or not. No selection or sorting whatsoever of the goods will be allowed. Qualities, sizes, measurements, numbers and weights stated are approximate. No sale shall be invalidated by reasons of any defects or faults in any of the lots or on account of lots being incorrectly described and no compensation shall be paid in respect of any such faults or errors in the description. No inspection of lot, which are sold and subsequently confirmed, shall be permitted under any circumstances unless full purchase price is paid. 18 Temporary permits to enter the docks shall be issued Dy.Manager, Auction Sale. 19. Should the original purchaser, whose offer has been accepted wish to take delivery of the goods through a representative he must authorise by a letter of authority which shall be presented to the Traffic Manager. Delivery by proxy will be at the purchaser’s own responsibility and risk and no claim shall lie against the Trustees on any account whatsoever if the delivery is taken by the wrong person. 20. No claim for damage or for losses of any kind will be entertained, on any account, whatsoever. 21. Purchasers offering for cotton yarn only will be required to submit certificates from the Textile Commissioner or any other competent authority to the effect that they are actual users. Since other yarn consignments are under OGL, actual user condition will not be insisted upon from the purchaser 22. For the purpose of removing the materials, the successful Bidder shall employ or engage only his/their own personnel and shall keep MbPT fully indemnified against any claims whatsoever including for wage, injuries, compensation, death etc. 23. While removing materials, if any accident or damage to the property/life etc. arises by reason of any act of negligence/omission/default or non-compliance with any of the Terms and Conditions of statutory regulations or rules and regulations applicable within MbPT premises, on the part of the Bidder/his representative or employees resulting in death or injury to any persons or damages to the property of MbPT or any third party then in such an event the Bidder will have to pay compensation to any such person including the employees of MbPT for such injury / for damage to person’s property of such persons. The Bidder shall in such an event keep MbPT indemnified from any demand, claims or proceedings made. 24. The rate of Octroi and Value Added Tax are indicated in auction and tender sale list. Purchaser interested in buying the lots should carefully go through rates indicated against each lot and in case of any error / discrepancy in the Value Tax rate or the octroi rate the intended purchasers are requested to inform the office of the Deputy Manager, Auction Sales before commencement of bidding process on internet. No changes in the rate of tax will be entertained once the sale is concluded. Municipal Octroi and Value Added Tax wherever due are payable separately by the successful purchaser in addition to the purchase price. These amounts shall be paid at the time of payment of balance price. 25. Wherever the goods are sold on lot basis the delivery will be given as per prescribed units. 26. In case the containerised cargo lying in containers the delivery will be allowed to the purchaser under the supervision of MbPT Valuer and only material as per declaration will be delivered. (Terms & Condition 1/prt/sales6) \\Sales6\sales6-doc\PROGRAME\Terms & Condition 1.doc from the office of the INSTRUCTIONS TO THE e-AUCTION PARTICIPANTS 1. For bidding at our Live-Auction Online, the intending participants are requested to log on to our our web site www.bid2buyonline.com and read the instructions & procedure explained at “ HOW TO BID “ thoroughly. For any further clarification/queries, please contact us on Telefax: (022) 2624 3832 or send email at : jag@bid2buyonline.com 2. Please go to our website and register your name by clicking “REGISTRATION BUTTON” on our website and fill-up the details asked for. Please Note you will be selecting your own LOGIN AND PASSWORD. We will only activate it, upon receipt of your PO/DD with dully filled “Regd. Form for Mumbai Port Trust” . 3. ONLY Registered Participants are allowed to participate and bid at our Live-Auction Online. To become Registered Participant, you are required to fill-up the “ Registration Form for Mumbai Port Trust” available on our said website. Please fill-up the form and send non-refundable PO/DD for Rs.2,500/= for one year ending on 30-08-2007. 4. “Regd. Forms for Mumbai Port Trust” received on the day of eAuction for becoming Registered Participants will not be allowed to participate at the Live-Auction on that day but they will be able to participate only from the following (next) eAuction. Hence, in your own interest, you are requested to complete all the formalities to become Registered Participant in advance and well in time. 5. Please do not reveal / pass your User ID and Password to any other person/s. It is your personal property and we will not be responsible for any leakage or misuse or illegal use of your User ID and Password. Nevertheless, you will be held personally liable to the Seller and the Auctioneers for any misuse or illegal use of your User ID and password by other person/s and any successful transaction online by such unauthorized person due to your negligence will be considered as your own transaction and you will be required to fulfill the contract as per terms and conditions of the sale. 6. For entering into “ Auction Room” for bidding at our Live-Auction Online, you will have to first enter the User ID and password as submitted by you in your online registration form. The computer will match your entry and if correct and CMD has been paid, then generate its own new BIDDER - ID for you (valid for that auction sale no. only). On the menu bar you will see FOUR new buttons – Demo/Edit Profile/ Live Auction / Logout. Click on Live Auction button. The computer will show you list of all auctions being conducted on the day for which you have paid CMD. Click on the bidnow button against the auction you wish to participate in. The computer generated Bidder-ID will be displayed on your monitor screen only. Please do not enter this ID any where at any point of time, only note it down in your diary for your reference. However, for each different Auction Sale No:, a new ID will be generated by the computer. 7. While bidding at our Live Auction, to see the latest position of bidding, please click on the PINK COLOUR BUTTON of “REFRESH BID” and wait for few seconds to allow computer to refresh your screen. 8. After you finish or wish to leave the auction room, please click the logout button appearing on your monitor screen. If you fail to do so, you will not be able to enter the auction room again for approx. 1 hour. In case you have forgotten to do the above and wish to enter the auction room again, contact our technical team. Please specify your user name, password and your new ID for the Auction Sale No. so they can verify and allow you access. 9. Once you login, you cannot use the same username and password to login from another machine before logging out from the previous one. 10. For your perusal, a Live-Online Auction DEMO is available only for Registered Participants/ Members to practice and get acquainted with the system. Nevertheless, if you wish to learn thoroughly in person, we can train your representative by prior appointment, PROVIDED you have paid Registration fees in advance to the Auctioneers. 11. In all the above sales, the sale will get automatically extended for 3 minutes after the End Time. After First Auto Extension, Lot will get automatically extended for next 3 minutes, if one or more bids are registered within Auto Extension Time of 3 minutes. The extensions will automatically be continued till some body bids within five minutes. If at any extended time, no body increases the offer within five minutes, the computer will shut-down the bidding of that Lot and sale for that lot will be treated as ended there. The clock at the Live-Auction may not show exact time of bid ending but it will count 3 minutes and shut down. So please do not wait till last moment, but increase your bid at least one minute in advance i.e. after two minutes of extended period. PROXY BIDDING : Introduction to Proxy Bidding on www.bid2buyonline.com What is a Proxy Bid? A proxy bid represents the highest amount you are willing to bid for a particular lot. Once you enter a proxy bid, the e-Auction system will bid for you up to that amount, increasing your bid by the minimum incremental bid value until you have been out bided by another bidder. You could also win the lot for a price less than the proxy bid you entered. Why submit a proxy bid? Proxy bids save you time because you don't have to watch the auction - the computer bids for you. Proxy bids make sure that your bids are recognized, just in case you have to leave your desk, or something happens to your Internet connection during the auction. Proxy bids are especially useful when you are bidding on many lots that are closing within minutes of each other. They will make sure that you don't miss out on lots just because you are bidding on another lot. How does the Proxy Bid work? 1. When you place a proxy bid, you enter the maximum amount you'd be willing to pay for the item. Your maximum amount is kept confidential from other bidders and the seller. 2. Our E-auction system compares your bid to those of the other bidders. 3. The system places bids on your behalf, using only as much of your bid as is necessary to maintain your high bid position i.e. Current highest bid plus Min Incremental value. The system will bid up to your maximum amount. 4. If another bidder has a higher maximum, you'll be out bided. BUT, if no other bidder has a higher maximum, you win the item. And you could pay significantly less than your maximum price! This means you don't have to keep coming back to re-bid every time another bid is placed. Proxy bidding on www.bid2buyonline.com 1. Valid bidders i.e. Participants only can use Proxy Bidding. 2. Bidders will have to login as they do to participate in live auction to enter their proxy bids. 3. After logging in click on auction calendar. Against the auction for which you have paid the requisite CMD, in the last column, Click to View, you will see a link Proxy Bid 4. Bidders will be allowed to enter their proxy bid one day prior to start of auction and even after starting of eAuction. 5. On clicking on the link Proxy Bid, you will come to page similar to auction room page, listing the auction lots. 6. Click on the radio button against the lot no. for which you wish to enter a proxy bid and enter your best bid in the price box and click on submit. 7. Bidders can enter proxy bids for as many lots as they wish, one lot at a time. You will see all lots for which you are allowed to bid like in live auction 8. On start of eAuction – when they click on proxy button they will see list of lots and bids entered by them 9. Proxy bids once entered cannot be removed or reduced. 10. Bidders can revise i.e. increase their proxy bid value anytime after regular bidding has started till bidding for the lot is not over. No Fresh Proxy bids should be entered in the system once the lot goes into Auto- extension period 11. All Valid bidders will allowed to enter proxy bids – 12 hours before actual E-auction start time 12. If two bidders enter proxy bid of same value for a particular lot – the first valid bid will be treated as highest 13. In case more than one proxy bid is received for a particular lot before start of auction, then the second highest proxy bid plus Min Inc value will bid by the system on behalf of the highest proxy bidder 14. In case the system gets a manual bid of the same value as that of an existing proxy bid, preference will be given to proxy bidder on basis of time. 15. When a bidder is OUT BIDED in Proxy Bidding, the system will send him an email informing him of the same. 16. Whenever, a manual bid is given in the live auction and if there is a higher bid placed in Proxy Bidding by some other bidder, the manual bid will be out bided by fresh higher bid from the Proxy Bidding by the system. In such an event, your bid will be shown in “ Your Bid” whereas “current Bid” will show higher bid then your bid ( which has been placed by Proxy Bidder ). Hence, whenever the display in “Current Bid” is higher than “Your Bid”, please note that you are not the highest bidder or H1 bidder A word of caution: All proxy bidders are requested to keep a watch on the pattern of bidding as well as keep a check on their emails, as they may be out bided during the live-auction by another bidder. In such a case, if the proxy bidder wants to bid further at the live-auction (provided he has bidding limit available), he should enter the live auction room and start bidding manually. 7