GENERAL TERMS AND CONDITIONS FOR SALE
OF WASTE
1.
The rates tendered must be for naked goods for delivery Ex-Mills godown exclusive of all local state
[Provincial] and Central Taxes applicable from time to time.
2.
TAXES:
All the
Taxes for the being applicable will be charged extra. .
3.
QUANTITIES:
The quantities mentioned are only approx. margin of 20% less or more will be acceptable both by sellers and buyers. However, the sellers reserve the right to appropriate any quantities for their own consumption at any time during the pendency of the buyers about such appropriations.
The approximate monthly production has been calculated on the basis of normal working of the mills. However, the actual production may vary depending upon the power availability. Provided further, that if the sellers due to unforeseen causes, unavoidable circumstances, or for any reasons beyond their control, are unable to deliver the quantities in full or in part within the stipulated period, the contract shall be as regards such deficit, deemed to have been cancelled without any further liability attaching for the sellers. But it shall be incumbent upon the buyers to take delivery of the stocks available on the expiry date of the contract. It shall be binding on the buyer to lift the produced quantities as indicated to him by the Seller.
The approximate monthly production has been calculated on the basis of
normal working of the mills. However, the actual
production may vary depending upon the power availability. Provided
further, that if the sellers due to unforeseen causes, unavoidable
circumstances, or for any reasons beyond their control, are unable to deliver
the quantities in full or in part within the stipulated period, the contract
shall be as regards such deficit, deemed to have been cancelled without any
further liability attaching for the sellers. But it shall be incumbent upon the
buyers to take delivery of the stocks available on the expiry date of the
contract.
It shall be binding on the buyer to lift the produced quantities as
indicated to him by the Seller.
4.
DEPOSIT:
The buyers shall deposit 10% of the total value of the
contracted quantities as security deposit as guarantee for fulfillment of the
contract, which will be adjusted by the sellers after completion of the
contracts.
5.
QUALITY:
The bulk supplies shall conform to the basic sample of
course, the usual deviation being allowed for
quality purposes, However, every precaution will be taken to
see that
no damaged stuff is supplied. It may please be noted that proportion of
lengths in case of Hard Waste will not be as per the proportions displayed in
the samples. In case of colored items, however, variations in color scheme depending on production pattern
from time to time shall be admissible.
The goods are sold on the basis of "AS IS WHERE IS" and whatever is produced almost equal to representative samples which would be displayed on the Tender's date, however, the objections regarding description and quantity in color scheme depending on production pattern from time to time is not admissible.The sellers will not be responsible for the deterioration/damage in the quality of Cotton Waste items if the buyer fail to lift the goods within the stipulated period and that no discount for such deterioration/damage in quality shall be paid to the buyers.
6.
DELIVERY:
Full payment through Demand Draft/Neft/Rtgs would require to
be made before the material leaves the Mill premises against each dispatch.
In case of sale of goods against monthly production basis,
the buyers shall take delivery of the goods as & when ready from Mills against
full payment. In case material is not
lifted within 7 days of intimation, interest @ 18% per annum shall be deducted
from the security amount for the period exceeding 7 days. In case material is not lifted within 20
days for whatsoever the reason, the security deposit shall stand forfeited. In that case material shall be sold to
alternate buyer at sole discretion of the seller at the risk and cost of buyer.
9.
The Hard Waste shall be supplied in new HDPE bags;
the buyers shall be charged
Rs. 100/- [Rupees One Hundred only] per bag, which will not be returnable. In
the case of soft waste it will be dispatched in Kucha Bales, @ of
Rs.200/- [Rupees Two Hundred only] as
bailing charges per unit of bale. No benefit of Tare weigh shall be allowed
However, if the buyer desires to have the Hard Waste in their own bags they can
send the same in advance. In this packing & loading charges Rs. 25/-[Rs Twenty
Five] will be charged by the seller. Ready Stock of Hard Waste will be supplied
in only Mill Bags charging Rs.100/- Per bag.
7.
DESPATCHES:
: No responsibility is
accepted by the seller for dispatch of goods. However, the sellers will do
everything possible to dispatch contracted quantity of the goods on behalf of
the parties on their specific request along with payment, of course, subject to
the availability of transport entirely but at the cost and risk of the buyers.
All expenses regarding Freight, Insurance, if any etc. shall be borne by the
buyers. The sellers will not be responsible for any mix up or loss of goods in
transit.
9.
TRANSIT INSURANCE:
As the goods are sold on
ex-mills, the responsibility of the mills for any loss due to unforeseen
circumstances shall cease after weighment of the goods. The sellers will, however, arrange
for the transit insurance if specifically requested for by the buyers well in
advance. The transit insurance
charges in such cases will be payable by the buyers. In case any claim arises
due to loss in transit, the sellers will issue a letter of authority in favor of
buyers and it will be the responsibility of buyers to arrange settlement of
claim with the insurers of the carriers as the case may be.
10.
LIEN:
The sellers shall have general lien on all goods of the
buyers for the time being in the possession of the sellers [including goods
already paid for but of which delivery may not have been taken by buyers]
for the total amount due to sellers for the time being under the contract and
also for any amount due to sellers under any contract with the buyers, either
alone or jointly with another or others.
11.
TRANSFER:
The sellers shall not entertain any request by the buyers for
delivery of goods to parties other than the buyers or receiving payment from
these parties. Provided, however, that it full payment is made by the buyers,
they may authorize individuals or firms to take delivery of the goods. Deliveries to such authorized individuals
or firms shall be deemed to be delivery to the buyers.
12.
The contract cannot be cancelled
or declared void on any grounds whatsoever except as provided for in the second
provision to Clause 5 above.
13.
The sellers would have the option and liberty to sell waste
to the extent of 10% production.
14.
The Mills reserves the right to accept or reject even the highest rates for any item or whole of the tenders without assigning any reason thereof. The decision of the Mills in this connection shall be final and binding on all parties submitting their tenders.
15.
Any dispute arising out of this contract will be subject to courts of jurisdiction of Phagwara, Punjab only.
16.
The Tenderers shall have to deposit Interest Free Earnest Money as indicated hereunder:
|
Item/Items for which quoting |
Earnest Money [Rs.] |
| i |
Miscellaneous Waste |
10,000/- |
| ii |
Hard Waste /Soft Waste |
30,000/- |
| iii |
All items or any combination of items [i] & [II] indicated above |
35,000/- |
17.
The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contract or post-contract stage in order to secure contract or in furtherance to secure it and in particular commits himself to the followings:
17.1 The bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the seller, connected directly or indirectly with the bidding process, or to any person, organization or third party related to contract in the exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.
17.2 The bidder shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information as part of business relationship, business details, including information contained in any electronic data carrier. The bidder also undertakes to exercise due and adequate care lest any such information is divulged.
17.3 In case the bidder is proved to have violated the above conditions, their security amount shall be forfeited.
18.
Minimum three bidders should be there for all items and in case the bidders of particular item are less than three then JCT reserves the right to approve or cancel the tender for that particular item..
RAJNISH KUMAR SOOD
VICE PRESIDENT [F&A]