Terms & Conditions

General TnC
1. WELCOME TO RLC
This unique service of auction on the net is offered to you, subject to the following General Terms & Conditions of Service ("GTC"), which may be updated by us from time to time without notice to you. You can review the most current version of the GTC at any time at: auction.greendust.com. In addition, when using particular RLC services, you and RLC shall be subject to any posted Guidelines or Rules applicable to such services which may be posted from time to time. All such Guidelines or Rules are hereby incorporated by reference into the GTC. RLC also may offer other services from time to time, such as that are governed by different General Terms & Conditions of Services.
2. DESCRIPTION OF SERVICE
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for RLC to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the GTC.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You must be at least 18 years of age to access and view.
3. YOUR REGISTRATION OBLIGATIONS
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at RLC Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause .
6. MEMBER CONDUCT
You understand that all information including data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You agree to not use the Service to :
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a RLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in auction related areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law,
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that RLC does not pre-screen Content, but that RLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RLC and its designees shall have the right to remove any Content that violates the GTC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and in all other parts of the Service.
You acknowledge and agree that RLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the GTC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RLC , its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. CONDITION OF GOODS
7.1 The goods are sold as and where they lie, on as is where is basis, the whole of the lot/lots shall be taken from the site of accumulation with all faults and errors in description. Otherwise the quantities, qualities, size or sizes, measurement, numbers and weights as stated in the auction floor and or in any delivery documents are only approximate and no guarantee or guarantees shall be implied. The goods are sold on the specific assumption that whether the bidders have inspected the lots or not the principle of Caveat-emptor will apply. No complaint will be entertained after sale.
7.2 Quantities made in the lot are approximate and RLC holds out no warranty as regards the quantity and fitness of the goods for any particular purpose. The value paid in auction is for the approximate quantity. Proportionate value for the quantity falling short in a lot at the time of delivery will be refunded to the buyer. Any quantity found excess in a lot over the approximate quantity mentioned in the auction floor will have to be taken by the buyer after depositing the proportionate amount along with the final installment. In the event the materials are found in excess of the materials, specified in the sale order, the buyer will be allowed to deposit the balance amount within a reasonable time as may be determined by the seller in his sole and absolute discretion from the date of the incident of the removal as mentioned in the sale order, failing which, the buyer shall deposit such balance value with ground rent at the same rate mentioned elsewhere in the Terms & Conditions of the e-auction.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local Rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from INDIA or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE RLC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant RLC the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of RLC , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific purpose to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RLC removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RLC removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than RLC , the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the RLC network of properties that are intended by RLC to be available to the general public.
10. INDEMNITY
You agree to indemnify and hold RLC , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the GTC, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RLC may establish general practices and limits concerning use of the Service. You further acknowledge that RLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
RLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with 15 days notice. You agree that RLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service provided such notice has been given to you.
14. TERMINATION
You agree that RLC , in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if RLC believes that you have violated or acted inconsistently with the letter or spirit of the GTC. RLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with prior notice of 15 days. You agree that any termination of your access to the Service under any provision of this GTC may be effected without prior notice, and acknowledge and agree that RLC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RLC shall not be liable to you or any third-party for any termination of your access to the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RLC has no control over such sites and resources, you acknowledge and agree that RLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. RLC 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected or will be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by RLC for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT :
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. RLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE GTC.
e. TIME DEFINITION CLARITY & RESPONSIBILITY (i) TIME FOR ALL PURPOSES IN THE CONDUCT OF THE AUCTION SHALL DENOTE THE TIME AS REGISTERED IN THE RLC EAUCTION SYSTEM. THE TIME AS DISPLAYED BY THE SYSTEM SHALL FOR ALL PURPOSES BE FINAL AND BINDING. (ii) ALL COMMUNICATION SHALL BE DEEMED TO HAVE BEEN COMPLETE AS AGAINST THE BUYER/SELLER AS SOON AS THEY ENTER THE RESPECTIVE PARTY'S SYSTEM RESOURCES. FOR THE PURPOSE, THE RESPONSIBILITY OF MAINTAINING THE SYSTEM'S RESOURCES AT THE PARTY'S END SHALL BE THAT OF THE PARTY CONCERNED.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, please read the above Clauses 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. RLC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email and/or regular mail. The Service may also provide notices of changes to the GTC or other matters by displaying notices or links to notices to you generally on the Service.
22. GENERAL INFORMATION
The GTC constitute the entire agreement between you and RLC and govern your use of the Service, superceding any prior agreements between you and RLC . You also may be subject to Special Terms and conditions that may apply when you use affiliate services, third-party content. The GTC and the relationship between you and RLC shall be governed by INDIAN laws without regard to its conflict of law provisions. You and RLC agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Delhi. The failure of RLC to exercise or enforce any right or provision of the GTC shall not constitute a waiver of such right or provision. If any provision of the GTC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the GTC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the GTC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The auction shall be closed at the scheduled time as stipulated in each case unless it is extended by the process of auto-extension as explained in Clause 3.3 under BUYER SPECIFIC TERMS & CONDITIONS.
On expiry of the auto-extension period by the system, a message AUCTION IS CLOSED will be displayed which will be construed that the particular lot(s)/ auction is closed for bidding.
The clause titles in the GTC are for convenience only and have no legal or contractual effect.
23. AUTO CANCELLATION OF BUYER REGISTRATION
In case any Buyer fails to make the payment towards Registration Fees to RLC within 30 days from the date of his registration, then the registration is automatically cancelled. He can, however, re-register himself for the purpose of paying Registration Fees and activate his account for participation in the forthcoming auctions.
24. AUTO DEACTIVATION
If any account is deactivated for non-compliance of any Terms & Conditions of the E-auction, then the registration fees for that account will stand forfeited. In case the same party wants to re-register himself, he shall be required to pay a penalty to be decided by RLC Management.However, the acceptance of such re-registration fees shall be at the sole & absolute discretion of RLC .
25. INTEGRITY PACT Applicable for Tender / Auction / e-Auction / e-Sale / e-Booking
26. VIOLATIONS
Please report any violations of the GTC to the Dealing Department.

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Seller's TnC
AGREEMENT :-
The Sellers who are intending to avail of the services of RLC with respect to E-auction for effecting their disposals, will be required to sign a specific and formal Selling Agency agreement with RLC in the following lines or as near thereto as the circumstances permit.
SELLING AGENCY AGREEMENT
1.0 THIS AGREEMENT made this _______________day of________BETWEEN M/s. ___________________________ incorporated under the Companies Act, 1956 and having its registered office at _________________________________________________________, hereinafter called "the Principal"(which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) on the ONE PART; AND RLC Pvt. Limited incorporated under the Companies Act, 1956 and having its registered office at --------------------, hereinafter called "RLC" (which expression shall unless excluded by or repugnant to the context be deemed to include its successors and assigns) on the Other part ;
2.0 WHEREAS the Principal has viewed the contents as displayed in the web site of RLC and is desirous of engaging RLC as its Selling Agents for disposal of Scrap and rejected/condemned/obsolete secondary arising (ferrous and non-ferrous) as well as surplus obsolete stores, equipments and misc. articles etc.; through RLC’s Auction web site
3.0 AND WHEREAS the Principal has agreed to engage RLC as Selling Agent for the above purpose on the terms and conditions displayed in the Auction web site Viz., auction.greendust.com and also the Terms and Conditions mentioned hereinafter;
4.0 NOW it is hereby agreed and declared by the parties hereto as follows:
4.1 This Agreement covers disposal of all scraps, secondary arising, surplus stores and equipment, misc. articles etc. as mentioned in clause-2.0 above;
4.2 In addition to the above, add-ons to the category of disposals may be effected through this agreement on mutual consent.
4.3 RLC shall act as Selling Agent for disposal of all items covered under Clauses 4.1 & 4.2 hereof in the home/indigenous market by way of public auction over the Internet through auction.greendust.com based on this agreement.
5.0 DURATION OF CONTRACT :
The Contract will remain valid for __________________years from the date of this Agreement which could be extended for such further period on such terms and conditions as mutually agreed upon by the parties hereto.
6.0 QUANTUM OF BUSINESS:
If the volume of business is anticipated to be below Rs.5 lacs(Rupees five lacs), RLC will request the Principal for accumulation of disposal items till disposal becomes economically viable. This contract by itself does not commit the Principal as to the quantum of business to RLC. However, in the event of the quantum of business being such as would attract a higher rate of service charges as stipulated in Clause (9) below, the higher rate of Service Charge would be paid by the Principal.
7.0 NATURE & SCOPE OF SERVICE & RESPONSIBILITY OF RLC:
7.1 RLC shall conduct auction sale directly and in no case the appointment of any dealer/trader/auctioneer for the purpose will be considered.
7.2 RLC will offer guidance in regard to making of lots for the purpose of Auction and will act on the basis of the list of disposable materials received from the Principal.
7.3 RLC may arrange publicity for disposal through E-auctions by way of occasional advertisements in leading dailies / Newspapers / Websites and other Internet Tools. In addition the system shall notify automatically to all the buyers who are registered with the auction website i.e auction.greendust.com regarding all the forthcoming E-auctions specifying therein all relevant details about the materials / Lots / date & time of opening & closing of auctions etc. In case the Principal desires publicity through a particular publication or media, the same would be arranged on receipt of written request and the additional cost has to be borne by the Principal.
7.4 RLC shall arrange disposal of the materials primarily through auction via the website auction.greendust.com.
7.5 On the close of any auction Principal will receive a system generated Email indicating the status of the Auction which will inter alia include Sold Lots, Subject To Approval (STA) lots and also lots not sold with highest bid received for Principal’s record. The Principal shall have the option to visit the website in order to obtain a full report of any particular auction, which will normally depict the replica of the Bid Sheet of a particular auction.
<>strong>7.6 Reserve Price must be fixed and entered by the Principal in the website, which will be only accessible by the Principal and none else, for the disposable materials. In case the Reserve price is not entered by the principal prior to commencement of the Auction, the lots for which the reserve price have not been entered, shall stand automatically withdrawn by the system.
7.7 If, in respect of any item(s) covered under the Selling Agency Agreement, it is desired by the Principal to have a market survey, the costs for the same will have to be borne by the Principal. The market survey could be done by RLC themselves or by engaging consultants.
7.8 RLC shall enter into sale contracts with the successful bidders/ buyers/customers by issuing Sale Orders/Acceptance Letters on behalf of the Principal through the system for the sold lots.
7.9 RLC shall accept sale price/bid money for onward submission to the Principal, off line. The successful buyers will have the option to remit their money to any of the offices of RLC. The principals will be able to access data of payments etc., at the website.
7.10 Wherever the Principal is not registered under the appropriate Sales Tax Act, RLC shall collect Sales Tax as applicable and other declaration forms and submit the same to the Appropriate Authority. For such service, an additional Service Charge of 0.5% will be payable by the Principal to RLC.
7.11 RLC shall prepare and issue Delivery Orders after receipt of the payments from the buyers, through the system. On production of the Delivery Order the Principal will deliver materials.
7.12 RLC shall also be responsible for follow-up of orders booked.
8.0 NATURE & SCOPE OF RESPONSIBILITY OF THE PRINCIPAL :
8.1 The Principal shall provide RLC with the list of materials with detailed specifications and descriptions, locations, quantity, quality and special remarks or any sort of restriction, if any, for disposal. The Principal shall not amend/alter or modify the quantity of the lot after the auction is declared open and live. All such amendments/alterations/modifications shall be made prior to commencement of auction and intimated to RLC in writing for notifying the prospective bidders sufficiently in advance.
8.2 The Principal shall indicate the annual availability of scrap and other items for disposal as far as possible for each category. The auction programme shall be finalized between RLC and Principal for each quarter as per mutual convenience. Depending upon their convenience Principal will combine the list of disposable items of its various units.
8.3 The Principal shall cause to effect deliveries to the buyers/customers as per Delivery Orders issued by RLC and as per directions given by RLC from time to time. Any disputes arising while effecting deliveries to successful bidders/buyers shall be dealt with by the Principal.
8.4 The Principal shall be responsible for raising invoices as per the terms and Sale Orders/Delivery Orders issued by RLC.
8.5 The Principal may monitor the auction and will be able to view the bid history etc., during the continuation of the E-auction.
8.6 If the Principal is a registered dealer under appropriate sales Tax Act, the Principal will indicate rate of tax for each lot however RLC collect necessary Sales Tax and other declaration form etc. at its end and forward the same to the Principal for necessary action at their end. In case the Principal is not a registered dealer, the Principal may not indicate the rate of levies item-wise, in such case RLC would indicate rate of taxes and collect the same and deposit with appropriate authority for which the additional service charges is payable as indicated in clause 7.10 here in before. However in case of such unregistered principals for whom RLC deposits tax with the appropriate authority, in these cases, the principal would be responsible to bear all other related statutory duties and taxes eg. turnover tax / surcharges which could not be received from the buyers as per statute of the respective state. However, the Principal must indicate the item which will attract excise duties and also amount/rate of Excise duties leviable.
8.7 RLC shall provide its standard terms and conditions of sale of materials to the Principal. The Principal will not insist on RLC for any deviation from standard terms of sale of RLC.
8.8 Monthly Delivery/Dispatch Statement customer-wise and item-wise along with the copies of Invoices shall be submitted to RLC by the Principal latest by 10th of each succeeding month. The Principal shall also provide N.O.C. for each lot within 15 days of completion of delivery to enable RLC to release Security Deposit.
9.0 SERVICE CHARGE
RLC shall be entitled to a service charge as specified in the contract on the value of materials disposed, arrived on the basis of the value of the Delivery Order (D.O.) issued through this auction over the Internet..
For Ad hoc/One time disposal a lump sum service charge will be levied on the seller based on negotiations between the seller and RLC. Service charge in this case will in no case be less than 10% of the material value.
The above service charges are to be read along with Clause 7.10 hereto above.
The service chare is exclusive of any other taxes and duties levied by the Statutory Authorities of different States and Central Government. N.B:
1. If any organisation has more than one unit, the sales from all units will be taken together for the purpose of calculating Service Charge.
2. Year referred to above, shall be reckoned as anniversary year i.e. for 12 months from the date of Agreement.
3. Above Service Charges are to be read along with [Cl.no.7.12] hereto above.
4. The Service Charge is exclusive of any other taxes and duties levied by the statutory authorities of different State and Central Governments.
9.2 Service Charge will be calculated on the amount realised excluding Excise Duty and Sales Tax, if applicable.
9.3 Service Charge payable to RLC shall be deducted from the EMD in each auction and from material value recovered in each tender due and payable to the Principal. The details thereof shall be forwarded along with the signed bill and receipt within three days of the succeeding month.
9.4 Whenever any auction is cancelled/deferred/postponed under the advice/instruction of Principal, the actual cost of advertisement etc. shall be reimbursed to RLC by the Principal.
9.5 The above Service Charges shall also be payable on the amount of forfeited Security Deposit.
10.0 STANDING COMMITTEE FOR IMPLEMENTATION OF THE AGREEMENT
10.1 The Principal and RLC will nominate one official each for dealing with all matters relating to this Agreement. The working arrangements for implementing the provisions of this Agreement shall be mutually discussed and decided upon.
11.0 EXECUTION OF SALE CONTRACT :
11.1 Sale Contract(s) of the Principal existing at the time of execution of this Agreement will continue to operate and will not come under the purview of this Agreement. Similarly, at the expiry of this Agreement, the orders booked by RLC will continue to operate as if this Agreement continues till the execution of those orders.
12.0 HANDLING OF SUITS :
Since RLC will merely act as the Selling Agent of the Principal, the Principal shall reimburse to RLC the legal expenses incurred in connection with any litigation arising out of any Sale/Tender/Auction under this Agreement.
13.0 A M E N D M E N T :
13.1 Any amendment to this Agreement would be enforceable only if made in writing and duly signed by authorized representatives of the parties hereto.
14.0 FORCE MAJEURE CLAUSE :
14.1 If, any time during the continuance of this Agreement, the performance, in whole or in part by either party, of any obligation under this Agreement be prevented or delayed by reason of any war, hostility, act of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-outs, Technical and / or Connectivity failure which is entirely beyond the control of RLC etc. or acts of God (hereinafter referred to as 'events') provided notice of happening of any such eventuality is given by the affected party to the other within 21 days from the date of occurrence thereof, neither party shall be reason of such event have any claim for damages against the other in respect of such non-performance or delay in performance, provided further that if the performance in whole or part of any obligation under this Agreement is prevented or delayed by reasons of any such event for a period exceeding sixty days, the parties shall try to arrive at an amicable settlement, failing such settlement the Principal may terminate this Agreement at its sole discretion and at such event RLC shall be bound to pay all the expenses and other moneys recovered from the bidders to the Principal forthwith.
15.0 T E R M I N A T I O N :
15.1 This Agreement shall be subject to termination with clear 3(three) calendar months' notice in writing from either side before the expiry of the contract.
16.0 ARBITRATION CLAUSE :
16.1 In the event of any dispute or difference relating to the interpretation and/or application of the provisions of this Agreement, such dispute or difference shall be referred by either party to the Arbitration of one of the Arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the Government of India, In Charge of the Bureau of Public Enterprises. The Arbitration Act, 1940 shall not be applicable to the arbitration under this clause. The award of the Arbitration shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference of setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary, or the Special Secretary/Additional Secretary when so authorized by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.
17.0 APPLICABILITY OF LAWS :
17.1 The Agreement shall be governed by the Indian Laws for the time being in force.
IN WITNESS WHEREOF the parties hereto have subscribed their respective hands on the day, month and year first above written.
Signed and delivered

For and on behalf of
M/s. __________________________________________________
By its________________Shri______________________________
(Designation) (Signature with seal)
In the presence of :
1. (Signature with Address)
Signed and delivered
For and on behalf of
M/S. RLC LIMITED
By its___________Shri____________________________________
(Designation) (Signature with seal)
In the presence of :
1. [Signature with Address]
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Buyer's TnC
1.0 INTERPRETATION
1.1 Reverse Logistics Company Pvt. Ltd (RLC). shall be hereinafter referred to as "RLC" or Administrator and the participating parties or individuals shall be hereinafter referred to as "Bidders", the successful bidder shall hereinafter be referred to as the buyer or purchaser. The organization on whose behalf RLC will conduct auction as their Selling Agent shall be referred to as the principal who is otherwise the owner and stock holder of materials to be sold.
1.2 The general terms & conditions (hereinafter referred to as the GTC ) are common for all auctions and are in addition to Special Terms & Conditions( hereinafter referred to as the STC), if any, for any particular auction and shall form an integral part of the auction and so far as it has not been altered or modified by the STC. In case of any conflict or difference between any provision of the GTC and STC, the provision of STC will prevail for that particular auction.
1.3 If any account is deactivated for non-compliance of any terms & conditions of e-auction,then the registration fees for that account will stand forfeited. In case the same party wants to re-register itself,it shall be required to pay a penalty to be decided by RLC Management.However,the acceptance of such re-registration fees shall be at the sole and absolute discretion of RLC.
TRADEMARKS AND COPYRIGHTS
The bidder acknowledges and agrees that wherever applicable, the content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in Website, including advertisements or information is protected by domestic and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The bidder is permitted to utilize this material and information only for personal use, and shall not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. RLC shall not be held liable for any misuse or infringement of any trademark or copyright by the bidder, and the bidder shall be solely liable for any damages, claims, actions, etc. for infringement or violation of the same. RLC reserves the right at its sole discretion to terminate the access of the bidder to the Website, if the bidder violates the provisions of this clause.
ARBITRATION
Any dispute arising in connection with the interpretation or implementation of these terms and conditions shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. The place of arbitration shall be Delhi, India. All disputes covered under this Arbitration clause shall be referred to the CMD, RLC, Delhi for adjudication by him or by his nominee.
JURISDICTION
Only the Courts at Delhi, 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.
BIDDING AND BUYING
All bids on the Site are a firm commitment to purchase. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller. Bids may be increased in price or volume later but may not be withdrawn. Bids cannot be cancelled. All bids must be in Indian Rupees Only.
By bidding on an item you agree to be bound by the conditions of sale included in the item’s description (or linked to form the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. In case of consumer good, sellers on the Site may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
RLC strongly advises you not to test the auction process with false bids, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or known invalid credit card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by RLC.
In the event of Dual Winners displayed online for a Single Auction, the bidder who has received by Winning Email will be rightful Winner, and beyond that there is no liability.
PRIORITY IN BIDDING
In Order to qualify and be identified as a successful bid, the following priority parameters will be follows :
(a)Price The higher price bids always supersedes the lower price bids.
(b)Time Between bids of the same price, the bid, which was placed prior in point of time, shall supersede.
RLC’s decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.
FORCE MAJEURE
RLC/Owner shall not be liable for any failure or delay in performance due to any reason / cause beyond their control including fires, floods, go-slow, lock-out, closure, pestilence, dispute with staff, dislocation of normal working conditions, war, riots, epidemics, political upheavals, government action, civil commotion, breakdown of machinery including technical failures, shortage of labour, acts demands or otherwise or any other cause or conditions beyond the control of aforesaid cause or not and the existence of such cause or consequence may operate at the sole discretion of RLC / Owner to extend the time of performance on the part of RLC / Owner by such period as may be necessary to be necessary to enable RLC/Owner to effect performance after the cause of delay will have cause exist. The provisions aforesaid shall not be limited or abrogated by any other terms of the contract whether printed or written.
2.0 MODE/ PROCEDURE OF PAYMENT IN e-AUCTION
2.1 All intending bidders and buyers for participating in E-Auction will have to register on line. All intending bidders and buyers should fill in the relevant details all on line and pay non-refundable registration fee of Rs.10,000/- off line
2.2 On completion of details as per registration format and payment of registration fee, all such bidders will be able to access the auction floor with the the user id and password they have chosen at the time of registration. Such bidders will henceforth be called as "registered bidders".
2.3 None other than the registered bidders will have any access to the details of the auction.
2.4 The auction notification mentioning the starting date, list of materials, location of materials, name of principal or owner will however, be available on our web-site for all Internet users.
2.5 The details of the auction will be hyper-linked to the unique auction number for each individual auction. The registered bidder can enter into the details which will be as follows :-
a) Opening and closing date and time
b) Name and location [address] of the principal of the owner of the material
c) Brief description of the materials with its location and approximate quantity put up for sale.
d) Period of inspection.
3.0 AUCTION FLOOR
3.1 After selecting the desired auction, all user can finally arrive at the auction floor containing list of items, quantity, unit of measurement and column for bidding.
a) Each item name of the materials will be hyper-linked to details of the items.
3.2 The following information will be present in the auction floor :-
Opening date and time
Closing date and time
Item number
Item name, hyper-linked to relevant details containing duties etc./ special terms of lifting etc.
Quantity and unit of measurement
Location of material/item
Last bid or basic price, if any.
Your bid in Rs./UOM
Bid history
3.3 The closing time of an auction shall automatically be extended by 5 minutes if bid continues (e.g. in case the closing time is 5-30 p.m. of any particular date and if any bidder bids at 5.29 p.m. then the closing time will be automatically extended to 5-35 p.m. ).
3.4 A bid once given cannot be retracted.
3.5 AUTOMATIC/PROXY BIDDING Each bidder will have the option to declare his maximum value of bid ( which can not be viewed by any other bidder ) up-to which his automatic bidding will continue. This maximum value of the bid / increment value may be enhanced by the bidder at any time before the closing of the auction. In case there is a tie in the highest bid offered by some one else with the maximum value opted by a automatic / proxy bidder then the bid of the automatic / proxy bidder will be acknowledged as H1 bidder and a flash would appear to inform the bidder other than the automatic / proxy bidder that there is a tie and he may bid a higher amount.
4.0 The respective items will be marked "sold" after closing of the auction when the highest bid is greater than the reserve price and automatically intimation to the concerned buyer will be sent on line for making payment as detailed in the subsequent paras.
4.1 Only STA will appear against a lot after closing of the auction for which final approval will be intimated separately. STA marking will only appear when the price fetched as the highest bid in the auction is below the reserve price up-to a certain percentage, as indicated by the principal before the starting of auction.
4.2 A lot or item can be withdrawn from the auction before starting of the auction as well as during the auction without assigning any reason.
5.0 PAYMENT FOR ACCEPTED BIDS
5.1 All payments are to be made physically i.e. either by Demand Draft/Pay Order/Banker's Cheque etc. and will be accepted in any of the offices (Branch/Region/Hqs. ) of RLC.
5.2 The bid value together with all taxes as applicable shall have to be paid by the successful bidder by Demand Draft/Pay Order/Banker's Cheque drawn as stipulated in the relevant provision of special terms & conditions. The payment can be staggered being opted by the buyer for which buyers are requested to see the payment schedule in 'STC'.
d)Notwithstanding anything continued in STC the buyer will have option to make full payments in all respect within the period of 1st installment. e)The sale value excludes all taxes if not paid within the above time limits, it shall be paid within such time limit as may be extended by the principal or RLC in consultation with principals, together with ground rent. Such ground rent shall be charged for a minimum period of one week or multiple thereof @ 1% of the value of materials for a week or part thereof. f)The sale value, as well taxes, Excise duty plus any other levies as applicable and payable by DD/PO will have to be deposited with the authority as specifically mentioned in the relevant clauses of Special Terms & Conditions.
5.3 In case of payment made by Bank Draft/Pay Order, the same will have to be deposited with the appropriate authority within the stipulated time/extended time. In the event of any default thereof, the successful bidder shall be liable to pay additional amount by way of ground rent as mentioned above. Should however the buyer fails to make the requisite payment within the time / extended time stipulated, the sale relating to such lot can be cancelled at the discretion of RLC and the registration money given by the bidder shall be forfeited in full and RLC shall, in addition, to registration money, be entitled to recover any incidental / consequential loss suffered by it as a result of such failure. The authority shall not be bound to give any notice to the buyer for the said forfeiture.
5.4 Delivery order or permission to remove the goods will be issued by RLC or even by principal themselves or as has been indicated in relevant clauses of STC, after all payments of installments value or sale value including duties, taxes and levies are made in full by the buyer.
6.0 SALE OF LOTS/ITEMS ON SUBJECT TO APPROVAL BASIS
6.1 In case of lots where bids have been kept open for the decision by the higher authority of the principal or owner of the material at a later date, the buyer will have to pay the earnest money @ 10% of the sale value plus applicable taxes and duties within 3 working days from the next date of the closure of auction. On final approval, the payment of balance sale value will have to be made in the same procedure as at clauses 5.2 (a) to (f). The date of acceptance of bid will be the date on which the principal/RLC sends the acceptance message to the buyer. In the event of payment on accepted bids not being completed within the time specified, the earnest money in addition to the registration fee shall be forfeited without any further notice to the buyer. For delay in making payment, the ground rent as mentioned at para-5.2 (e) will apply. In case the earnest money as mentioned above are not deposited within the time specified, the registration fee will be forfeited without any further notice, where the bids are not accepted finally, the earnest money deposit by the bidder shall be refunded to the buyer.
7.0 CONDITION OF GOODS
7.1 The goods are sold as and where they lie, on as is where is basis, the whole of the lot/lots shall be taken from the site of accumulation with all faults and errors in description. Otherwise the quantities, qualities, size or sizes, measurement, numbers and weights as stated in the auction floor and or in any delivery documents are only approximate and no guarantee or guarantees shall be implied. The goods are sold on the specific assumption that whether the bidders have inspected the lots or not the principle of Caveat-emptor will apply. No complaint will be entertained after sale. 7.2 Quantities made in the lot are approximate and RLC holds out no warranty as regards the quantity and fitness of the goods for any particular purpose. The value paid in auction for the approximate quantity. proportionate value for the quantity falling short in a lot at the time of delivery will be refunded to the buyer. Any quantity found excess in a lot over the approximate quantity mentioned in the auction floor will have to be taken by the buyer after depositing the proportionate amount along with the final installment. In the event the materials are found in excess of the materials, specified in the sale order, the buyer will be allowed to deposit the balance amount within 10 days from the date of the incident of the removal as mentioned in the sale order, failing which, the buyer shall deposit such balance value with ground rent at the same rate mentioned in previous para per week or part thereof.
8.0 RISK
8.1The goods shall be and remain in every respect at the risk of the buyer from the date of acceptance of his offer by the principal who shall have no liability whatsoever for the safe-custody or preservation thereof.
9.0 DELIVERY
9.1 Delivery Order or Sale Order or Delivery-cum-Sale Order will be issued automatically on line at the instance of any competent officer of RLC or principal on confirmation of payment of full material value as per clause 5.0 and subsequent sub-clauses. The full sale value means payment of material value, duties & local taxes and any other levies under the above mentioned clauses.
9.2 The goods are to be completely removed by the buyer from the site of accumulation within the time specified in the Delivery Order/Sale Order/Delivery-cum-Sale Order. However, the delivery will be made during working hours on all working days on presentation of the aforesaid order to the custodian of the materials of the principal concerned.
9.3 The buyer will make his own arrangement for loading & transport and will not be entitled to claim any facilities or assistance either for loading or for transport from the premises of the owner of the materials except where it has been specifically mentioned in the Special Terms & Conditions. The specified delivery period will be counted from the next day of the date of issue of the order.
9.4 Should the original buyer wish to take delivery of the stores purchased by him, through a representative, he must authorize the lifter by a letter of authority, which the lifter should present to the appropriate officer concerned/custodian of the stores of the principal. Delivery by proxy will be at the buyer's sole responsibility and risk and no claim shall lie against the principal or RLC at any account whatsoever if delivery is affected on such proxy.
9.5 The buyers and his authorized representative/s or person/s or agent/s engaged by them would be responsible for processing, loading and transporting out only those materials, for which, delivery advice has been issued. If any other material is found being processed/loaded/transported it will be regarded as the mis-conduct/irregularities in executing the sale order.
9.6 The buyer will be held responsible for such acts of irregularities/mis-conduct of his own or committed by his authorized representative or persons engaged by them for executing the sale order. Any irregularities/mis-conduct may lead to forfeiture of earnest money/security deposit, portion or whole money of material value as the case may be in addition to cancellation of sale and or stoppage of further business and/or appropriate legal action as may be deemed fit at the sole and absolute discretion of RLC/Principal.
10.0 NON-DELIVERY
10.1 (a)Where the goods are sold in lots and not in number or unit and in the event of the number or unit being found deficient in quantity, quality, size, measurement and weight as indicated in the catalogue/description of materials/details in the auction floor or any other documents, the buyer shall have no claim against the principal or against RLC for refund of whole or any part of the purchasers money or for loss of profit, interest, damage or otherwise.
10.1 (b) Where the stores are sold by weight or number and not on the basis of lots and in the event of the buyer fails to obtain delivery of the whole or portion of the stores sold he shall not be entitled to claim any damage, loss of interest or compensation or any other account but shall be entitled to proportionate refund of sale value.
10.2The buyer shall not be entitled to re-sale any item, lot or part of lot while the goods are still lying within the premises of the principal and any such sale or assignment of the buyer's right to the material sold in auction will not be recognised. All paper documents for releasing materials will be made out in the name of the buyer only.
10.3 No interest will be paid on the amount deposited by the buyer and subsequently found refundable under any of the condition mentioned herein before.
11.0 FAILURE TO TAKE DELIVERY AFTER PAYMENT
11.1 In the event of non-removal of sold material after expiry of time allowed in the relevant order and subsequent extension (s) thereof, if any, the principal/owner of the material shall have the right to order re-sale of the said material as also to forfeit relevant payments (as specified in GTC, BSTC & STC) paid by the defaulting buyer in respect thereof. The principal/owner of the stores may, however, in its discretion give the buyer further extension beyond the time stipulated for taking delivery of the materials in exceptional circumstances and/or relief against payment of further ground rent in part or in whole.
11.2 The buyer shall be responsible for any damage that may be caused to the premises, equipments, machineries and/or any other installations of the plant/establishment of the principal/owner of the materials in taking away or removing the lot or lots purchased by him. The principal/owner of the materials may at their own option arrange themselves to make good such damages and the buyer shall have to bear the cost thereof on demand. The authority fully reserves the right to recover the cost of such damages from any sum due to the buyer.
11.3 The principal/owner of the materials reserves the right to withdraw at any stage the sale of any item or quantity of material either by number or by weight even after issue of sale order/delivery order when the material are required for their internal use. The principal/owner will not be bound to assign any other reason or details thereof excepting internal use. Value of the materials so withdrawn, if any, and paid by the buyer will be refunded. The principal will however, not be responsible for any damage, loss direct or consequential compensation whatsoever to the buyer nor for payment of any interest.
12.0 GENERAL
12.1 The principal/RLC reserves the right/option to produce any or all such documents off line i.e. by paper hard copy wherever such situation warrants, however, excepting the bidding process.
12.2 Neither the principal nor RLC will be held responsible for authorizing any on line payment by any buyer/bidder and subsequent loss or damage caused to that buyer or bidder for such authority.
12.3 The safe-custody of gate pass, challans, authorizing delivery or any such hard copy documents will be the sole responsibility of the buyer once the same are made over to them. The principal or RLC will not be liable for any delay or damage for mis-placement of any such hard copy document by the buyer.
12.4 So long the workers, employees, agent or any representative of the buyer are required to work within the premises of the principal/owner of the material, the relevant Labour Laws & Rules, Factory Acts and Rules and any other statutory provision will be equally applicable as in the case of workers and employees of the principal. It will be in their own interest to know this provision before starting the job. It shall be responsibility of the buyer to see that the statutory provisions are complied with and they will be only and solely responsible in any manner for their employees, workers, agents, representatives employed for the job.
12.5 In respect to forthcoming auctions, RLC reserves the right to alter, postpond, modify, cancel any or all of the contents of the notification without any prior intimation to the prospective buyers.
13.0 AUTO CANCELLATION OF BUYER REGISTRATION
13.1 In case any Buyer fails to make the payment towards Registration Fees to RLC within 30 days from the date of his registration, then the registration is automatically cancelled. He can, however, re-register himself for the purpose of paying Registration Fees and activate his account for participation in the forthcoming auctions.
14.0 AUTO DEACTIVATION
14.1If any buyer's account is de-activated for non-compliance of any of the terms and conditions of the e-auction , then the registration / re-registration fees of that buyer's account will stand forfeited without any further reference to the buyer and the buyer registration de-activated. In case the buyer desires to re-register , they shall request the regional / branch office of RLC conducting the e-auction , under which the non-compliance had taken place. Requests for such re-registration will be examined by RLC, keeping in view the lot value ,the past record of the Buyer , recommendations from the principal, recommendations from the concerned regional / branch office of RLC and other relevant factors. Based on such considerations , RLC may either reject the request or levy a re -activation fee on the basis of the above parameters assessed by the RLC. On receipt of the re-activation fee as may be levied along with service tax / education cess and any other charges for the time being in force as applicable , the Buyer's account shall be re-activated , On such terms and considerations as RLC may deem fit. RLC's decision in this regard shall be final and binding on the buyer.
15.0 ACTUAL CONTRACT
15.1 The actual contract between RLC & Buyer will be deemed to have been concluded only after the ink signed copy of Acceptance Letter/Sale Order has been issued.

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