31 FAD Catalogue Auction 20.12.2022
31 FAD Catalogue Auction 20.12.2022
31 FAD Catalogue Auction 20.12.2022
12.Only the Courts at KOLKATA, INDIA shall have the exclusive jurisdiction to entertain any dispute connected with the
arbitration proceedings or any other matter or claim arising out of or in connection with the e-auction.
Bidders should inspect the lot/lots in advance at Depot location and bid in www.eaamindia.com.
Bank details for RTGS/NEFT payment of Earnest Money and Balance Money to the
Auctioneer.
Name of the Bank KOTAK MAHINDRA BANK
Branch Park Street Branch
RTGS/NEFT/IFSC CODE KKBK0000322
Account Type Current Account
Account No. 2611732400
Name of the Company EGBERT ANDREWS AUCTION MART
2. Risk : The Goods shall remain at the risk of the buyer from the date of acceptance of his offer by the auctioneer EGBERT
ANDREWS AUCTION MART / Stockholder, and they shall not be liable for their safe custody or preservation from that date.
3. Payment
(i) The buyer shall deposit EMD at EGBERT ANDREWS AUCTION MART’s office (i.e. within 7 days from the date of auction) by
way of E-PAYMENT. The entire balance sale value shall be paid within 10 (ten) days from the date of issue of Acceptance
Letter by Egbert Andrews Auction Mart.
(ii) Payment of not less than 20% (Twenty percent) of the bid amount shall be made as earnest money.
(iii) Non submission of EMD within the stipulated time will lead to deactivation and deregistration of the concerned buyer, thereby
debarring them for at least 6 months in case of back out buyers.
(iv) Balance of the sale value of the bids accepted will be paid by the buyer by way of e-payment within 17 (SEVENTEEN) days
from date of e-auction closing for SOLD lots and within 10 (TEN) days from the date of issue of acceptance letter from the
auctioneer EGBERT ANDREWS AUCTION MART for STA lots. If the buyer fails to make payment for the balance sale value
by the stipulated date the period for such payment may be extended by the auctioneer EGBERT ANDREWS AUCTION MART
/ Stockholder or his representative at their discretion on payment of @1% per week or part thereof on the sale value default, to
a maximum period of two (2) weeks only.
(v) After communicating acceptance of the bid or on receipt of communications of its acceptance in cases of lots in which decisions
were held in abeyance, if the concerned bidder fails to pay the requisite earnest money for the bid within 7 days of
communication of acceptance of the bid sale shall stand cancelled and the lot re-auctioned and in such cases the concerned
bidder shall be liable to make good all losses suffered and expenses incurred due to or on account of the re-auction of stores
without prejudice to the rights of the Government to take such other action as may be authorised by law.
(vi) In the event of failure for the payment of balance sale value of any lot purchased by a bidder, within the stipulated period, the
sale of such lot shall be cancelled, the earnest money if paid will be treated as accounts deposit and shall be forfeited and the
lots shall be re-sold without any notice to the bidder as and when the auctioneer EGBERT ANDREWS AUCTION MART /
Stockholder thinks best, and any loss incurred on such resale shall be recovered from the bidder. The auctioneer EGBERT
ANDREWS AUCTION MART /Stockholder shall in addition be entitled to recover from the bidder costs of storage,
Warehousing or removal of the lot and any expenses incurred in or in connection with its resale or attempted resale, any gain
on any resale as aforesaid shall belong to Government.
(vii) In all cases dues under any provincial/local law shall be payable by the purchaser exclusive of the sale value to the
Commandant of the Depot before entitling to remove sold goods. Any Octroi Duty, wherever Payable upon the sale of the
goods, shall be paid by the purchase direct to the concerned authority in addition to the price. Any other prevailing taxes due in
respect of the sale under any law for the time being in force shall be payable by the purchaser in addition to the price.
(viii) GST as per Government GST rules is to be deposited by concerned buyers under reverse mechanism system on the
total sale value of sold lot/lots before taking delivery of sold lot/lots from the stock-holder.
(ix) For all payments received by the auctioneer, they will issue a stamped receipt to the purchaser and bidder shall in all cases be
bound to produce such receipt when called for.
All taxes are assessed by the concerned Tax Authorities and the rates as determined by them at the time of lifting of materials
shall be binding on the buyers for making payments. Any dispute in this regard shall be taken up directly by the buyers with the
Statutory Authorities.
4. DELIVERY
Removal of stores by bidder : The goods sold should be removed by the buyer from the location and position where they lie at
his own expenses & own arrangement. If defaulter challenges the decision of the Government then in addition to forfeiture of
earnest money, the Govt. reserves right to re-sell the goods at the risk and cost of defaulter and recover the loss suffered in re-
sale, ware-house charges and any other expenditure incurred in sale or attempted sale.
The buyer in his own interest should remove the lot(s) within the specified time. In the event of his failure to take delivery the
auctioneer EGBERT ANDREWS AUCTION MART / Stockholder or his authorised representative may in his discretion permit
the purchaser to remove the said lot(s) or portion thereof within an extended period on payment in advance of compensation
charges @ 2% of original sale price per day for the period form original specified date for lifting the date of re-sale.
(a) The Commandant(s) of the Depot will issue Sale Release orders to the bidders on receipt of the delivery advice issued by
EGBERT ANDREWS AUCTION MART.
(b) Sold lots should be removed by the buyer from the site of accumulation within the period of (30) Thirty days from the Sale
Release Order. Deliveries will be made only during working hours on all working days on presentation by the purchaser to the
stockholder to copy of Sale Release Order. The purchaser will make his own arrangements at his own expenses for transport
and he will not be entitled to claim and facilities or assistance for transport from the auctioneer EGBERT ANDREWS AUCTION
MART /Stockholder. Should the original buyer wish to take delivery of the stores purchased through a representative, he must,
present the officer in whose charge the stores are held along with an authorization letter attesting signature of the purchaser by
the auctioneer EGBERT ANDREWS AUCTION MART. In all cases the buyer has to satisfy such officer that the authority is
genuine. Delivery by others will be at the purchaser's sole responsibility and no claim shall be against Government of any
account whatsoever, if delivery is effected to wrong person reporting to give his authority.
5. Failure to take delivery after payment If the buyer having paid the full amount of his purchase money, failed to remove the
goods by the date or dates specified in the SRO, the auctioneer EGBERT ANDREWS AUCTION MART /Stockholder may keep
the goods at the buyers risk and recover from the buyer compensation @ 2% per day of the original sale price of the lot or lots
of portion thereto. On failure to take delivery of the goods or any part thereof from the last date given for removal of goods to
the date of final removal of the goods and if the goods are not claimed within two weeks of the date of delivery, Govt., may sell
the same without further notice as and when they think best and recover the cost of the sale at its option, treat the defaulter as
a breach of contract and cancel the contract.
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6. Recovery of sum due whenever any claim for the payment of money arises out of or under this contract against the buyer the
auctioneer EGBERT ANDREWS AUCTION MART /Stockholder shall, without prejudice to any other remedy, be entitled to
deduct it from the proceed of such re-sale or to appropriate the said security deposit in whole or in part and in the event or the
Security being insufficient the balance may be deducted from any sum then due or which at any time hereafter may become
due to the buyer under this or any other contract with the auctioneer EGBERT ANDREWS AUCTION MART /Stockholder and if
this is not sufficient, the buyer shall pay balance to the auctioneer EGBERT ANDREWS AUCTION MART /Stockholder on
demand.
7. 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 auctioneer EGBERT ANDREWS AUCTION MART / Stockholder or his representative may at his option
demand to make good such damage and the buyer shall pay the same on demand by the auctioneer EGBERT ANDREWS
AUCTION MART/ Stockholder.
Damage : The buyer shall make good all damages which may be caused to any property of Govt. or to any other person by any
act of default of the buyer, his agents, or servants, in connection with the removal of any of the good.
8. Corrupt Practice: Any bribe, commission, gifts or advantage given/promised on behalf of the buyer to any representative of the
auctioneer Egbert Andrews Auction Mart for obtaining order etc. criminal liability may be bestowed upon the Buyer which may
lead to the cancellation of the subject contract and all other contracts and M/s Egbert Andrews Auction Mart/ stock holder will
recover all loss resulting from any such cancellation.
9. The buyer shall not assign or sub-let this contract or any part thereof without the written permission of the auctioneer EGBERT
ANDREWS AUCTION MART / Stockholder and even if permitted to do so shall remain liable for fulfillment of the contract.
10. All disputes and differences arising out of or in any way touching or concerning this contract whatsoever shall be referred to the
sole arbitration of any person nominated by the Secretary, MOD or administrative Head under whose administrative Control of
Govt may be placed for or the time being of such nomination. There will be no objection to any such appointment that the
person appointed is a Govt servant, that he had to deal with the matters to which this contract relates, and that in the course of
his duties as such Govt servant has expressed any views on all or any of the matters in dispute or difference. The award of
such Arbitrator shall be final and binding on the parties to this contract. It is a term of this contract that in the event of such
Arbitrator to whom the matter is originally referred being transferred or vacating his office by resignation or otherwise or being
unable to act for any reason, the Secretary, MOD or Administrative Head as aforesaid at the time of such transfer, vacation of
office or inability to act, shall appoint another person to act Arbitrator in accordance with the terms of this contract. Such person
shall be entitled to proceed with reference from the stage at which it was left by his predecessor. It is also a term of this contract
that no person other than a person nominated by the Govt as aforesaid should act as Arbitrator and, if for any reason that is not
possible, the matter is not to be referred to arbitration at all.
Subject to aforesaid, the Indian Arbitration Act, 1940 shall apply.
11. Every participants should furnish his valid income Tax permanent account Number.
12. ON-DELIVERY (a) Where goods are sold in lots and not by number of units, in the event of the lot or lots being found to be
deficient in quantity, size, measurement, number and weight, as stated in the catalogue, purchaser shall have no claim against
the Government or against the auctioneer for refund of the whole or any part of the purchaser money, or for loss of profit,
interest, damages.
(b) Where stores are sold by weight or number, and not on the basis of lots, and the purchaser fails to obtain delivery of the whole
or a portion of the stores sold, he shall not be entitled to make any claim other than for proportionate refund of the sale of the
undelivered quantity. He shall not be entitled to claim any damages, loss or profit interest or compensation or any other
account.
13. Re-sale will not be recognised and Sale Release Orders will be made out in the name of the actual purchasers only.
14. In the event of the Auctioneer’s opinion that bidders are forming a ring and fair prices are not being realized for stores offered in
e-auction, may stop the sale with the consent of the Stockholder.
15. The auctioneer EGBERT ANDREWS AUCTION MART / Stockholder reserves the right to defer the decision on the highest bid
received for a particular item or items and communicate it subsequently.
16. The auctioneer EGBERT ANDREWS AUCTION MART / Stockholder reserves the right of withdraw from the sale any lot or lots
advertised in the catalogue prior to the acceptance of any bid for such lot/lots without assigning any reasons.
17. Whenever any claim for the payment of a sum arises out of under this e-auction sale against the buyer, the auctioneer
EGBERT ANDREWS AUCTION MART / Stockholder shall without prejudice to any other remedy are entitled to collect such
sum of money from the sale proceeds of resale under this contract or any sum thereof due from the buyer under this or any
other contract with Government on demand the balance remaining due. No conditional offer shall be entertained.
18. The auctioneer EGBERT ANDREWS AUCTION MART / CONCERN DEPOT reserves the right to call all the eligible bidder(s)
for revised bid along with requisite EMD for any lot.
19. For hazardous items such as batteries, lead, transformer oil etc, customers registered with MOEF (Ministry of Environment &
Forest) are eligible for participation. A copy of MOEF Certificate should be submitted at the time of depositing payment.
20. After the submission of bid(s) by the buyer, it would be presumped that the buyer has inspected the material and has satisfied
himself about the nature, quantity, quality, other technical specifications, taxes-duties and legalities prior to the e-auction. No
complaint, whatsoever would be entertained after the submission of the bid.
ALL CONTRACTS/TRANSACTIONS ENTERED INTO BY THE BUYER/BIDDER ARISING OUT OF THIS
E-AUCTION SHALL BE GOVERNED BY THE INTEGRITY PACT AVAILABLE ON OUR WEBSITE, www.eaamindia.com.
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