ABB INDIA LTD

Sect-V, 17th fl, Salt Lk,

OMEGA BLDG, Bengal Intellegent Park, Block-EP & GP,
Kolkata,
West Bengal - 700091

ONLINE AUCTION PLATFORM AND SUPPORT SERVICES PROVIDED BY MATEX NET

MatexNet Pvt. Ltd. is an authorized e- commerce service provider for ABB India Ltd (Seller) to obtain rates online
through its portal www.matexnet.com. The sale and purchase are directly made by the Seller and Buyer/s (Bidder/s).

ABB India Ltd will sell Various Materials like - Scrap Aluminium Tube,Scrap Conductor &Flat, Scrap Cables -
Aluminium & Cu & Scrap Clamps Connector & Miscellaneous Items available at ABB India Ltd. Adani CCRTL
400/220 KV Substation, Khasra No- 4291-MP through Online Auction subject to terms and conditions annexed
hereto and as per schedule of programme given below.

SCHEDULE OF PROGRAMME

Auction ID Matex1061

Inspection of Auction Property Continuing till 07th August 2019

(Except Sunday & Holiday)
Time- 10.00 A.M to 4.30 P.M.

Venue of Inspection ABB India Ltd. Adani CCRTL 400/220 KV Substation,

Khasra No- 4291, Vill- Rithora Kalan, Malanpur
Industrial Area, PO- Rithora Kalan, Near Inland
Container Depot, Dist-Morena, MP -476150
Contact Person: Ranjeet Sah Mobile-8126597411 &
7389298352

EMD Details (By DD only) "ABB India Ltd.", payable at kolkata

Last Date to receive EMD Till 08th August 2019, before 4.30 P.M

On-Line Auction Date 09th August 2019

Lot No. - 1 to 4, Time - 02:00 P.M to.03:00 PM

Participation Fee - (compulsory for all new Rs.8850/- (inclusive of GST) for ONE YEAR payable
participants and for those existing members whose online through www.matexnet.com
validity has expired)

Auction ID: Matex1061 Page 1 of 12

 DETAILS OF AUCTION PROPERTY

PCB
EMD
Lot Item Certificate
Item Name Material Classification UOM Bid Basis GST TCS Value
No No. Required
(Rs.)
(Y/N)
Scrap 4.5" EHIPS Al. Tube (Approx 30 Mtrs)
1 Aluminium 122 Mtrs Mtr 18% 1% N 25700
Tube 3" EHIPS Al. Tube (Approx 92.5 Mtrs)
Scrap Moose Conductor (Approx 290 Mtrs)
2 Conductor 50X6mm G.I Flat (Approx 670 Mtrs) 1048 Mtrs Mtr 18% 1% N 14700
&Flat 75 x 12 mm GI Flat (Approx 88 Mtrs)
27C X 2.5 Cu (Approx 552 Mtrs)
4C x 16 Al (Approx 30 Mtrs)
Scrap Cables 3.5 x 35 Al (Approx 639 Mtrs)
3 - Aluminium 2050 Mtrs Mtr 18% 1% N 41000
3.5 x 70 Al (Approx 350 Mtrs)
& Cu
1C x 150 Al (Approx 432 Mtrs)
1C x 630 Al (Approx 150 Mtrs)
220kV Rigid type spacer (Approx 53 Nos)
220kV Flexible type spacer (Approx 176
Nos)
220kV rigid type spacer (Approx 37 Nos)
220kV Flexible type spacer (Approx 4 Nos.)
220kV Tee Connector (Approx 30 Nos)
220kV Terminal connector (Approx 1 No)
220kV Inter Connector (Approx 1 No)
220kV Tee Connector (Approx 4 Nos)
400kV Tee Connector (Approx 20 Nos)
400kV Rigid type spacer (Approx 67 Nos)
Scrap Clamps 400kV Tee Connector (Approx 8 Nos)
Connector & 400kv ct clamp (Old) (Approx 22 Nos)
Miscellaneous 400kv dedned clamp (Old) (Approx 74 Nos)
Items (FOR 400kv spacer (Old) (Approx 32 Nos)
4 220 KV) Earthing Cleat (Approx 90 Nos) 1 Lot Lot 18% 1% N 20000
(FOR 400 KV) Tube Light Fitting 2 x 25 (Approx 2 Nos)
(Misc Items) Switch Box 8X3 (Approx 84 Nos)
& (Cable Switch Box 4X3 (Approx 20 Nos)
Tray) Switch Box 8X8 (Approx 2 Nos)
6M Plate -Rectangular (Approx 57 Nos)
6 X 3 PVC Box (Approx 3 Nos)
JB- 1 Way(PVC) (Approx 146 Nos)
JB- 2 Way(PVC) (Approx 70 Nos)
JB- 3 Way(PVC) (Approx 20 Nos)
JB- 4 Way(PVC) (Approx 124 Nos)
110mm Dia PVC (Approx 207 Mtrs)
600 mm ladder type tray (Approx 78 Mtrs)
L Bend for 600 Mtrs (Approx 8 Mtrs)
100mm perforated type cable tray (Approx
325 Mts)
SPECIAL CONDITIONS

Note : Your offer should be for basic price only and taxes will be extra as applicable.

1. On receipt of sale confirmation, Successful Bidder/s shall deposit 100% value of the material for the
respective lot/s inclusive of the applicable taxes (GST) if any, (calculated as per the bid/s placed and
approved by the seller) WITHIN SEVEN (7) WORKING DAYS from the date of receipt of confirmation from
Matexnet/ABB India Ltd.
2. On receipt of full Sale Value along with applicable Taxes by the Seller, the Seller will issue final Sale/
Delivery / Release Order to the Buyer thereby enabling him to lift the materials within 7 (seven) working
days.
3. Quantities mentioned under LOT are tentative. There may be variation of 5% quantity on overall and this
may be accessed prior to quoting.

Auction ID: Matex1061 Page 2 of 12

 4. There are different type of items which are quoted under meters. Price is to be quoted in such a way so
that any decrease or increase in running meters should be commonly applicable for all the items
5. it is mandatory for the vendor who is quoting for one item to bid for all the other items under the E_auction.
If all the Items are not E_auctioned at the bid, then ABB may cancel and go for a new E_auction.

Note

1) The GST charges and IT shall be borne by the Buyer.

2) Full amount shall be payable before lifting materials and the same has to be paid by draft in name of “ABB India
Ltd” or RTGS, which will include GST and IT charges.

3) If it is found that the measured quantity is more than the declared quantity, the additional amount has to first
paid after which clearance shall be given to lift the materials. In case the quantity is less, the equivalent amount
will be returned by ABB after process from Finance.

4) It is mandatory to lift any additional materials, if found in excess, and payments to be transferred otherwise
necessary gate pass and invoice will not be issued.

5) The materials are in the custody of M/s Adani Ltd. There may be delay in getting gate passes, incase of late
lifting, system generated invoice or unavoidable circumstances which may have to be considered when placing
vehicle for carrying the materials.

6) If Vendor wants to move vehicles without valid documents, it shall be entirely at Risk and Cost of Vendor and ABB
will notbe held responsible for such transaction.

7) Prior cutting and arranging of materials, Loading and unloading shall be in buyer’s account.

8) Buyer shall have valid GST in the name by which bidding shall be done.

9) Security deposit amount may be forfeited, if the Highest Bidder not lifting the materials within a defined time.

10) Necessary GST Invoice & IT shall be provided by ABB

11) Interstate Road Permit will be arranged by Buyer.

12) Weighment of truck prior to entry at site and after loading has to be done for our Internal Audit purpose for all
items measurable in LOT or Meters

13) Part lifting of materials cannot be done under one E_auction. He has to pay for entire lot as otherwise amount
will be forfeited.

14)The materials are lying at the undermentioned address and may be inspected by probable vendors prior to
participating in E_Auction. Materials to be lifted by 7 days from issue of sale order and acceptance of vendor
registration and draft acknowledgement.

Auction ID: Matex1061 Page 3 of 12

 CONTACT DETAILS

MATEX NET PVT. LTD. Branch Office: Kolkata

Regd. Office: 4 & 5, First Cross, K.R. Colony, Matex Net Pvt. Ltd.

Domlur Layout, Bangalore – 560071 Address: 5, Dwarik Ganguly Street,

(Opp. Kalighat Pumping Station),
P: 080 – 42440600; F: 080 – 4244 0699
Kolkata - 700026.
E-Mail: matex@matexnet.com
Phone: 033 40043578/24660352
Website: www.matexnet.com
E-mail: kolkata@matexnet.com
CIN: U72900KA1995PTC018388

Contact official/s at ABB India Ltd Contact official/s at Matexnet Pvt. Ltd.
Sect-V, 17th fl, Salt Lk, Name: Mr.Tapobrata Maity/ Mr. Manoj Kumar/
OMEGA BLDG, Bengal Intellegent Park, Block-EP & GP, Mr. Subhasish Chakraborty
Kolkata,
West Bengal - 700091 Phone: 033 40043578/24660352

Email: kolkata@matexnet.com ,
kolkatamotors@matexnet.com

Auction ID: Matex1061 Page 4 of 12

 TERMS & CONDITIONS OF THE ONLINE AUCTION

I. DEFINITIONS

1. SELLER: -Seller referred in this catalog, is ABB India Ltd

2. SERVICE PROVIDER: Matexnet Pvt.Ltd (hereinafter referred to as “Matexnet”) is an e-commerce service
provider appointed by the Seller to facilitate virtual auction by the Seller. Matexnet will only facilitate
online auction and is considered as third party not particularly interested in the item/s being sold on behalf
of Seller.
3. BIDDER – Any person - as an individual OR a proprietor OR a partner OR an authorized representative of any
company OR any legal entity and who is paying the requisite EMD and registered at Matexnet and who makes
or places a bid for and purchases the auction property either in part or in full is considered as a bidder.
One individual can represent as a bidder on his own behalf and on behalf of other companies provided he
registers himself in those capacities separately i.e. for each representation he should pay separate Earnest
Money Deposit. Successful Bidder is that Bidder in whose name confirmation of sale is issued by the Seller.
4. TIMING OF ONLINE BID – Time wherever mentioned in any document relating to the bidding event including
the auction catalog refers to Indian Standard Time (IST) i.e. UTC + 05.30 hrs. All the timings of the Online
Bid shall be based on the time indicated by the Server hosting the Auction Engine. It shall be the endeavour
of MatexNet to ensure that the Server Time reflects as closely as possible the Indian Standard Time (IST)
i.e. UTC + 05.30 hrs. However, in the event of any deviations between the Server Time and the Indian
Standard Time, the functioning of the Auction Engine (Start, operation, closure) would be guided by the
Server Time. Bidders are advised to refresh the page by clicking on the link provided at the top right side
of the Auction room to check the exact Server Time that is displayed there.

II. GENERAL TERMS & CONDITIONS

1. Subject to the reserve price, if any, fixed by the SELLER and subject to the terms and conditions set out
herein, sale shall be made to the HIGHEST BIDDER on “AS IS WHERE IS BASIS” and “NO COMPLAINT BASIS.”
The Seller does not undertake any responsibility to procure any permission/license etc. in respect of the
auction property offered for sale.
2. SELLER reserves the right to modify and amend the terms & conditions and announce the same at any time
before the auction concludes. Announcements during the auction on the website including announcement
of any additional conditions OR correction in the catalogue and/or additions or deletions of items being
offered for sale are being done with the consent and knowledge of the Seller, and it is binding on the
bidder. Bidders are advised in their own interest not to leave auction room till the entire auction is closed.
3. Participation and bidding in this Auction shall be treated as conclusive evidence of the fact that the bidder
has inspected the Auction Property and the documents pertaining to it and is satisfied in all respects
regarding quantity, quality, condition of the Auction property, taxes, and other extraneous factors and the
Principle of Caveat Emptor (let the buyer beware) will apply. It shall also imply that the bidder has carefully
gone through and understood the terms and conditions of Auction including the amendments if any,
prevailing at the time of Auction. Seller/Matexnet will not entertain any complaints or objections once Bid
is placed. Final decision regarding participation shall rest with the Seller.
4. Seller./Matexnet does not give warranty or guarantee of the quality, quantity, measurement, condition
Chemical composition of each individual item/s or lot/s that form the auction property and about its “End
Use” or fitness for a particular purpose.
5. The highest bidder does not get any right to demand acceptance of his offer. SELLER reserves the right to
accept/ reject/ cancel any bid, withdraw any portion of the Auction Property at any stage from Auction
even after acceptance of bid/ issue of delivery order or release order/ deposit of full value by successful
bidder without assigning any reason thereof. In the event of such rejection/ cancellation/ withdrawal,
SELLER, shall refund the value of Auction Property, if paid for, to the successful bidder. SELLER shall not
be responsible for any damages/loss whatsoever to the successful bidder on account of such withdrawal.
6. EMD amount will not carry interest.
7. In the event of failure on the part of the successful bidder to fulfill his contractual obligations, Seller /
Matexnet reserves the right to debar such bidder from participating in any future auction conducted by
Matexnet on behalf of Seller.
8. GST introduced by Government of India:
A. Bidders participating in MatexNet Auctions should verify with the selling companies about the tax
structure and ascertain themselves of the new tax rates and other statutes in place.

Auction ID: Matex1061 Page 5 of 12

 B. Any disputes shall be clarified by the Bidders directly with the selling clients and MatexNet is not
responsible for any form of misunderstanding or dispute on the applicable taxes. MatexNet is only
an E-Commerce Service Provider and has minimal knowledge arising out of any changes in
applicable tax rates that are promulgated by the Government from time to time.

III. DISCLAIMER

1. Matexnet runs its business on the basis of a robust Web Site. Matexnet is outsourcing server space from a
third party hosting company and hence shall ensure the smooth running in all good faith and intention.
However, Matexnet will not be held responsible for any failure of power, Network, server, hosting server,
Internet connectivity, ISP or otherwise at Bidder's end or at Matexnet directly or indirectly affecting online
method of Bidding.
2. Matexnet takes no responsibility of the quality, quantity, documentation details of Buyers/Sellers. Both the
Buyers & Sellers agree to defend, indemnify and hold Matexnet harmless, from any loss, damage, cost and
expenses caused by any reason during this transaction. In no event, shall Matexnet be liable for any loss for
the transactors by business, revenues, profit, costs direct and incidental, consequential or punitive damages
of any claim. Both the parties agree to have discussed all the related matter regarding this transaction and
have understood in full that Matexnet has provided a source of supply and has nothing to do any further
especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections,
transportation, legal laws and regulations to be followed from time to time etc. Since Matexnet does not
possess knowledge base of the commodities under transaction both the parties agree that the matter
contained in the materials as a part or as a whole does not violate any applicable law. MatexNet is only an
e-commerce service provider, and is not and cannot be a party to or control in any manner any transactions
between the Seller and Bidder. MatexNet shall neither be responsible nor liable to mediate or resolve any
disputes or disagreements between the Seller and Bidder.
3. The Seller/Bidder agrees to limit the liability of MatexNet to them for any and all claims, losses, costs,
damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees
and costs, so that the total aggregate liability of MatexNet to the Seller/Bidder shall not exceed its total
fee receivable from the Seller/Bidder. It is intended that this limitation apply to any and all liability or
cause of action however alleged or arising, unless otherwise prohibited by law.
4. Wherever images of the auction property are displayed, Bidders may note that MatexNet does not represent
or warrant that the images are accurate, complete, reliable, current or error-free even though care has
been taken to present them. They are only indicative in nature. Hence bidders are advised to physically
inspect the auction property before placing bids.

IV. PARTICIPATION

1. The prospective bidders have to register with MatexNet by submitting the Membership Registration form
duly filled and signed along with self attested copies of their PAN Card, Aadhaar Card, valid GST registration
certificate (if available), and address proof by way of electricity bill, or telephone bill, or Bank account
statement for the last six months. The Membership Registration form along with the prescribed documents
shall be submitted to MatexNet. The Prospective Bidders, who have submitted the Membership Registration
form along with the prescribed documents to MatexNet once, need not submit the same again. The
prospective bidders after completing the registration process as above shall have to deposit Earnest Money
Deposit (EMD) for each lot separately or for all lots as prescribed. (Refer Details of Auction Property for
Lot-wise EMD) by Demand Draft / Pay Order on any Scheduled / Nationalized Bank /Scheduled Co-operative
Banks (as prescribed by the Seller) Drawn in favour of “ABB India Ltd.” payable at Kolkata . It has to be
submitted directly to any office of MatexNet (see details of MatexNet’s Offices in www.matexnet.com).
CASH WILL NOT BE ACCEPTED.
2. Bidders/Seller may note that any payments by DD or cheque or any other means towards EMD/Security
Deposit or other purposes received by MatexNet on behalf of Seller/Bidder shall be handled in good faith
and intention. However MatexNet shall not be responsible for the loss of the DD/Cheque from its custody
due to reasons beyond its control such as fire, theft, burglary, loss in transit, accident, war, riots, civil
commotion, any terrorist activity, any natural calamity, adverse weather and climatic conditions etc.
3. On completion of the registration process and payment of prescribed EMD as outlined above,
Seller/MatexNet will activate the User – Identity to enter into Website www.matexnet.com. Prospective
Bidders may please note the following:

a. Failure to submit the Membership Registration form duly filled and signed along with the prescribed
documents will lead to non-activation of the User ID even if the prescribed EMD has been remitted.

Auction ID: Matex1061 Page 6 of 12

 b. For any auction, a bidder acting as an individual or as proprietor of various firms registered under
different user ID and having the same PAN will be allowed to participate under one user ID only, unless
otherwise permitted by the Seller in writing.

4. Password and Security - After intending bidders register with MatexNet on the website, they will be allotted
a unique user identification (User ID) by MatexNet and they will be prompted to set a password. This is the
login password. The login password is a string of characters (combination of alpha, numeric & special
characters) used to authenticate the identity and provide access to various resources on the website. The
length of the login password has to be a minimum of eight characters and has to be a combination of alpha
and numeric characters. Special characters can also be included to strengthen the login password. However
the following special characters

~, ., /, ?, <, >, : , ; , \ ' , \ " , +, =, _, -, ^ are not allowed and will be ignored. Bidders are solely responsible
for all use and for maintaining and protecting the confidentiality of their User ID and password.

5. Forgot Password - In case Bidders forget the login password, the only way they can change their login
password is by clicking on the “Lost Password” link on the homepage of the website. Bidders will receive a
verification code on their registered e-mail address and their registered mobile phone. Using the
verification code Bidders can change their login password. The e-mail carrying the verification code will
also contain a link. Bidders can also change their login password by clicking on the link that will directly
take them to the change password page. Bidders are advised to check their spam / junk mail to check for
the e-mail carrying the verification code. MatexNet will not be responsible for non-receipt of SMS/e-mail
carrying the verification code. Bidders are advised in their own interest to login and check to ensure that
their credentials are valid before the auction starts to avoid complications in the last minute. Bidders
reporting loss of access to their registered mobile phone & their registered e-mail may please note that
their request for resetting their login password will be done only after receipt of a written request along
with the full set of documents. Resetting of login password will be done after verification of the documents
submitted and will take at least two working days. Bidders SHOULD NOT disclose their PASSWORD to anyone
and safeguard its secrecy. Bidders are advised to change the Password.
6. Transaction Password - In order to have an additional layer of security, Bidders have to authenticate their
entry into the virtual auction room using their transaction password. Only then they will be able to place
their bids. Bidders can set their transaction password and have to confirm the same with the OTP that will
be sent to their registered mobile number and their registered e-mail ID. Transaction password is session
specific.

V. CONDITIONS APPLICABLE TO “ONLINE” AUCTION METHOD OF BIDDING

1. Validity: The Online auction bidders and Tender bidders must keep their bids valid for a period of 50
calendar days from the date of closing of e-Auction excluding the date of closing. In case the 50th day falls
on a holiday or remains closed for the Seller, such Bids will be deemed to be automatically extended to be
valid up to the next working day of Seller.
2. Time Extension: If any market-leading bid (bid higher than the highest at the point in time) is received
within the last 3 minutes (“Time Extension” as mentioned in the Bidding Room will be in force & 3 Minutes
is an example) of closing time, the time will be extended automatically by 3 minutes.
3. Training: Matexnet will provide training (online) if required by the bidders at a mutually convenient date
and time before the Auction.
1. Multiple Log in from same IP Address – Bidders participating in the auctions may please note that multiple
login from the same IP Address will not be permitted.
4. Bids: All bids placed are legally valid bids and are to be considered as bids from the bidder himself. Once
the bid is placed, the Bidders cannot reduce or withdraw the bid for whatever reason. If done so, the Seller
will forfeit the EMD. The highest and the latest bid on the Auction shall supersede all the previous bids of
the bidder. Bidders may please note that in the event of a manual bid amount matching that of an auto
bid, the manual bid will prevail and be considered. The bidder with the highest offer/ bid does not get any
right to demand acceptance of his Bid.
5. For deciding the successful bidder, only the highest bid placed in the Closed Bid event or the Online Auction
will be considered. In the event of a tie (highest offer received in the online closed bid matching the highest
bid received in the e-auction), Seller will decide the successful bidder. No complaints in this regard will be
entertained.
6. Auto Bid: Auto Bid facility is provided for bidders intending to place a maximum value for a lot/lots.
7. Auto Bid: Auto bid is not a confirmed bid. It is only the maximum ceiling amount set by the Bidder to enable
the auction engine to place bids on his behalf, whenever he is outbidded, upto the ceiling set by him.

Auction ID: Matex1061 Page 7 of 12

 8. Auto Bid: Once auto bid is set, the auction engine will consider the ceiling amount for the next possible Bid
only, depending on the highest bid prevailing at that point of time and the increment / decrement amount
prescribed for that particular lot. However, Auto Bid cannot be set for amounts less than two increments /
decrements to the highest/lowest bid prevailing at that point of time.
9. Auto Bid: Bidders may please note that in the event of a manual bid amount matching that of auto bid, the
manual bid will prevail and be considered.
10. Bidders may please note that the virtual auction room will normally refresh automatically in every 10
seconds. It can also be refreshed manually by clicking on the link provided therein. In case of any difficulty
to refresh the window, Bidders are advised to clear browsing history, download history, cookies and other
site and plugin data, cached images and files etc. from their browser. Bidders may also contact MatexNet
officials whose contact details are provided herein.

VI. CONTRACT VALIDITY

1. The contract is valid till lifting of materials from the date of e-Auction.

VII. PAYMENT

1. All payments shall be made in the form of Demand Draft/Pay order issued by any Scheduled / Nationalized
Bank /Scheduled Co-operative Banks in favour of“ABB India Ltd.” payable at Kolkata .
2. On receipt of sale confirmation, Successful Bidder/s shall deposit 100% value of the material for the
respective lot/s inclusive of the applicable taxes, if any, (calculated as per the bid/s placed and approved
by the Seller) before collecting the sale order OR as may be directed by the Seller (Please refer other
conditions). Normally EMD/Security Deposit collected will be adjusted against the value receivable by Seller
towards the last delivery OR refunded in full after receipt of 100% value for the material.
3. Unless otherwise specified elsewhere in this catalogue, Bids placed/Rates offered are for the basic price
only and are exclusive of all applicable taxes like GST, IT, TCS etc. Taxes will be in addition to the basic
price and will be added at rates applicable at the time of delivery.
4. In the event of default or delay in making the payment or not complying with any of the terms mentioned
herein by the Successful Bidder, the contract will stand terminated automatically and the security deposit
will stand forfeited.

VIII. DELIVERY

1. On receipt of full Sale Value along with applicable Taxes/TCS & other charges by the Seller, the Seller will
issue final Sale/ Delivery / Release Order to the Buyer thereby enabling him to lift the materials within the
period as may be prescribed by Seller from time to time.
2. Lifting of materials will be allowed only as per Seller’s instructions. Successful bidders are advised to
contact the concerned officials of Seller for exact timings in order to ensure that the material clearance is
as per their instructions. Neat and clean maintenance of the stockyard from where the material is lifted is
the responsibility of the successful bidder. In the event of non-adherence to the above by the successful
bidder, Seller will reserve its rights to impose penalties/forfeiture of EMD. Weight recorded at the Seller’s
premises shall prevail.
3. In case the Seller is unable to deliver the goods within the specified time due to unforeseen administrative
reasons, then the Seller shall grant suitable extension of delivery period to the Buyer without any penalties
till the expiry of such extended period. In such eventuality, however, the Buyer shall not be entitled to
claim any compensation for such delay.
4. If the goods sold or portion thereof remain un-cleared in the premises of the Seller beyond the stipulated
period, the sales proceeds of the un-lifted assets shall be forfeited and the un-lifted portion of the assets
may be removed at the risk and cost of the Buyer and the Buyer will have no claim whatsoever on the goods
remaining uncleared and the amount paid to Seller will stand forfeited. Seller shall have right to dispose of
such goods in any manner they like. The Buyer shall have no right whatsoever for any compensation on this
account.
5. While taking delivery of the material, it will be at the discretion of the Seller or its authorized
representative to direct the manner / order in which the materials or lots shall be removed. No segregation
of the items of any lot is allowed inside the Seller’s premises.
6. Breaking/ cutting may be allowed to the extent necessary for facilitating loading into vehicles as per the
discretion of the Seller. No gas cutting equipments or any equipment, which are likely to cause damage,

Auction ID: Matex1061 Page 8 of 12

 will be allowed in the premises. Only safe oxy-acetylene gas cutting equipment will be allowed with
permission of Seller. The decision of the Seller or his authorized representative shall be final in this regard.
7. The Buyer shall arrange for all tools and tackles, forklifts and hoists or cranes or labour at their own
expenses. The Buyer will make his own arrangement for dismantling, removal, lifting, loading and
transporting of the material from the Seller’s premises and he will not claim any sort of assistance or
charges whatsoever from the Seller.
8. It will be successful purchaser’s responsibility to weigh the empty truck at the weighbridge and produce
the weight certificate so that the weight of the empty truck will be deducted from the weight of the fully
loaded truck.
9. Should the original purchaser wish to take delivery of the surplus material through a representative, he
must authorize the latter by a letter of authority or continuing authority, which shall be presented to the
Seller. The Seller may in his entire discretion decline to act on any such authority and it shall be for the
purchaser to satisfy the Seller that the authority is genuine. Delivery to such authorized person will
constitute valid delivery and no claim shall lie against the Seller on any account thereafter.
10. Once the goods / materials are taken out of the factory gate, purchaser will be solely responsible for all
sorts of claims like shortage, missing parts, damage, incident, accident, loss of material etc.
11. Resale will not be recognized. The purchaser shall not be entitled to resell any lot or part of a lot while
goods are still lying within the premises of the Seller and no delivery would be effected by the Seller to any
person other than the Purchaser whose names are mentioned in the sale order/Delivery order.
12. Purchaser and his men are subject to the security rule of the Seller in force while in the Seller’s premises.
The purchaser/s, their workmen agents or representatives shall not commit any nuisance, theft or indulge
in any antisocial activities in the Seller’s premises and the purchaser shall be liable for the good conduct,
safety & discipline of his workmen. In case of any such activity, delivery will be suspended and strict action
as per law will be taken including forfeiture of EMD.
13. While taking delivery of the material, the Purchasers shall be responsible for any damage that may be done
to premises / fittings of the SELLER in the course of removing the lot or lots purchased by them. The SELLER
may at its option arrange to make good such damages and the purchaser shall pay for the same on demand.
If such payment is not made on demand, the SELLER may forfeit the EMD/Security Deposit or may stop
delivery of the material till payment is made.
14. SELLER will not at any time be responsible for any injuries caused due to accident within its premises either
to the Buyer or his representative / labour etc., and the Buyer will make proper arrangements for any claim
arising out of the employment under any statute. It is the responsibility of the Buyer to provide necessary
safety appliances (like hand gloves / safety shoes etc.,) to the labourers, who are engaged for loading the
materials.
15. 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 & Conditions or statutory regulations or rules and
regulations applicable within the Seller’s premises, on the part of the Buyer / his representative or
employees, resulting in death or injury to any persons or damages to the property of the SELLER or any
third party, then in such an event the Buyer will have to pay compensation to such person including the
employees of the SELLER for such accident or injury / death or damage caused to their employees or to any
of the Seller’s employees or to others or to the Seller’s property. The Buyer shall in such event, keep the
SELLER fully indemnified from any demand, claims or proceedings thereof.
16. The Buyer shall be responsible to secure compliances with all Central and State laws as well as the rules,
regulations, bye-laws/notifications and orders of the local authorities and statutory bodies as may be in
force from time to time. Buyers must comply with all statutory obligations like Labor License, Workman
Compensation policy, ESIC, PF etc., whichever is applicable.

IX. DISPUTES / ARBITRATION

1. In case of any dispute arising out of or relating to the terms of the sale order the matter shall be referred
to one arbitrator appointed by Seller. The arbitrator shall act in accordance with the provisions of
Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Kolkata.
2. Disputes between Seller & bidder if any shall be within the jurisdiction of Kolkata courts only.
3. In the event of any dispute with regard to not taking possession / non-availability of inspected Auction
Property etc. and forfeiture of 'EMD', Matexnet will not be held responsible for the loss / forfeiture.

Auction ID: Matex1061 Page 9 of 12

 X. SELLER CONDITIONS

1) Salvage Vendor agrees and undertakes as follows:

i) Salvage Vendor, after thorough physical inspection of the Electrical Waste to be taken-over, agrees and
undertakes that it possess the necessary ability and relevant experience to comply with all state and
national statutory rules and regulation required for the safe transportation and disposal of the Electrical
Waste ;

ii) The Salvage Vendor shall arrange to remove the Electrical waste sold to them and clear the project site
within the stipulated period (as agreed) by ensuring full compliance to relevant state and national
statutory rules and regulation. No other material should be removed or disturbed from the site and No
further claims will be entertained on account of this removal of the Electrical waste from Site.

iii) Salvage Vendor agrees to collect the Electrical Waste in ‘as is’ and ‘where is’ condition from the Project
Site of the Insured as per the procedures to fully comply with all local, state and national regulations,
without damaging the premises / roads / drains / etc. Any damages caused shall be rectified to the
satisfaction of the Insured by the Salvage Vendor at his cost & expense. All personnel employed for the
disposal action shall strictly obey the safety rules of the Project Site.

iv) Salvage Vendor agrees that all costs in connection with the packing, tools, tackles, labour, equipment for
lifting and movement etc., required for transportation/ disposal of the Electrical Waste from the Project
Site and any incidental expenses including any fees to statutory bodies shall be borne by them. All Taxes
and Duties to be paid extra by the Salvage Vendor, as applicable, at the time of taking out the Electrical
Waste from Site.

v) Salvage Vendor agrees and undertakes that the taken-over Electrical Waste does not carry warranty of
any kind either from ABB or its customers or from any of the original vendors / sub-vendors of the
equipment/material ;

vi) Salvage Vendor confirms that the electrical waste may be sold to any other salvage buyers / third party
vendors / scrap vendors however will not be utilized for any purpose other than that of civil use.

vii) Salvage Vendor agrees and undertakes that the electrical waste will not be supplied to any jurisdiction,
whether directly or indirectly, or for any application where such supply or application is prohibited by any
applicable law or regulation;

viii) Salvage Vendor agrees and undertakes that we will defend and indemnify the Insured against all claims,
penalties, sanctions, suits, damages, losses and whatsoever arises as a result of breach of any of the above.

ix) Nothing contained herein shall be construed as transferring ownership of any patent, utility model,
trademark, design, know how or other intellectual property right from ABB to the Buyer or from any third
party.

x) Salvage Vendor agrees and hereby confirms to defend, hold harmless and indemnify ABB, its subsidiaries,
affiliates divisions, officers, directors and employees, its customers, sub-vendors, sub-contractors from
and against any and all damages, claims (including IPR related claims), actions, liabilities, losses, costs
and expenses including attorney fees even if such claims are groundless, fraudulent or false, arising out of
the sale and/or resale of the aforesaid Electrical Waste.

Auction ID: Matex1061 Page 10 of 12

Declaration Form to be duly filled in Letterhead and submitted along with visiting card at any of the offices of
Matexnet along with EMD.

DECLARATION

DATE:

To

ABB INDIA LTD

Sect-V, 17th fl, Salt Lk,
OMEGA BLDG, Bengal Intellegent Park, Block-EP & GP,
Kolkata,
West Bengal - 700091

Dear Sirs,

1. I/We, the bidder/s do hereby state that, I/We have read the entire terms and conditions of the online
auction catalog for Sale including the disclaimer clauses and understood them fully. I/We, hereby
unconditionally agree to conform with and to be bound by the said terms and conditions and agree to take
part in the online Auction for sale of Various Materials like - Scrap Aluminium Tube,Scrap Conductor &Flat,
Scrap Cables - Aluminium & Cu & Scrap Clamps Connector & Miscellaneous Items by ABB India Ltd .
2. I/We further declare that I/We intend to purchase the above-referred material from ABB India Ltd for our
own use/business and that the information revealed by me/us in this acceptance form is true and correct
to the best of my/our belief. I/We understand and agree that if any of the statement/information revealed
by me/us is found to be incorrect and/or untrue, the bid/s submitted by me/us is liable to be cancelled
and in such case the Earnest Money Deposit paid by me/us is liable to be forfeited by the Seller and the
Seller will be at liberty to annul the offer made to me/us at any point of time.
3. I/We also agree that after my/our offer/bid placed by me/us for purchase of the material is accepted by
the Seller and I/we fail to accept or act upon the terms & conditions of the offer letter or am /are not able
to complete the transaction within the time limit specified in the offer letter for any reason whatsoever
and/or fail to fulfill any/all the terms & conditions of the auction catalog and offer letter, the Earnest
Money Deposit and any other monies paid by me/us along with the tender and thereafter, are liable to be
forfeited by the Seller and that the Seller has also a right to proceed against me/us for specific performance
of the contract, if so desired by the Seller.
4. The decisions taken by representatives of Seller shall be binding on me.
5. I also undertake to abide by the additional conditions if announced during the auction including the
announcement of correction in catalogue and/or additions or deletions of items being offered for sale.
6. I note with due care that the Matexnet shall be making the announcements of correction with the consent
and knowledge of the Seller and MatexNet shall not be liable for these last minute change.

USER ID : ______________

Company/firm/Person/Concern

in whose name the material is/are to be

purchased

Contact Person(s)

Auction ID: Matex1061 Page 11 of 12

 Invoice Address

GSTIN ID. _____________________________ PAN NO._____________________

Phone No. Mobile No

Fax No. E-mail

Are you familiar with e- Auction/online bidding? YES/NO

If NO, attending a Mock e-Auction with prior appointment is mandatory. And in an event the Mock e-Auction is
not attended, NO COMPLAINTS will be entertained.

LOT No DD/PO No Bank Name Branch Dated EMD Amount

Lot Nos__________________________________________________________________________________

Signature of Authorized Signatory with Name and Seal.

_____________________________________________

Auction ID: Matex1061 Page 12 of 12

ABB Safety conditions for work for waste management vendor
Issued By Checked By Approved By Date of Issue Revision
Country HSE
Country HSE/SA Manager Managing Director 01.07.2018 0
Manager

The waste management vendor shall abide by the ABB’s minimum safety standards at all times. Any
deviations shall be viewed seriously by the ABB Management. Waste management vendor is
responsible for the safety and health aspects of the employees, sub-waste management vendors,
vendors and visitors who are involved in lifting the scrap from ABB premises.

To ensure effective enforcement of the rules and regulations relating to safety precautions, the
arrangements made by the Waste management vendor shall be open to inspection by the ABB
representatives.

We reserve the right to stop work and terminate the contract at any point of time where acts of non-
compliance of safety standards and regulations occur, or where there is breach in legal compliance
or where there is a potential of property damage, or a risk to public safety. All costs, delays and other
factors resulting from such actions are the responsibility of the waste management vendor.

Health and safety requirements

The waste management vendor shall not employ minors (persons below the age of 18 years). Waste
management vendor should not depute labor have any chronic disease. Also, the person with partial
or temporary disability should not be employed for works.

Waste management vendor shall register manually or electronically and provide as a minimum their
name; details of the organization they represent; name of ABB employee visited; date and time of
entry and exit; vehicle registration. The vendor shall visibly wear the identification badge at all times.

All personnel working inside ABB premises shall have safety induction by the ABB safety
officer(s)/safety supervisor(s). Safety induction shall cover basic HSE/SA site rules as per the
Emergency preparedness & response containing site fire and emergency procedure including a plan
showing the designated exits and escape routes; details of assembly points; details of emergency
alarms signals; safe walking routes; details of any prohibitions on site e.g. photographs, smoking,
alcohol and drugs on site etc.; requirements for wearing personal protection equipment;
Requirement for work permits for high risk activities if applicable; First aid and medical facilities on
site; general welfare arrangements on site; Incident reporting requirements; Near miss and hazard
reporting arrangements; Disciplinary matters on site; stoppage of work.

Visible safety inducted acknowledgement to be recorded and provided to the concerned on request.
Personnel shall be prohibited to enter the ABB premises until he completes the process of Induction
and fulfillment of wearing the required PPE’s. Personnel shall also be briefed about the requirements
for access control and any HSE and security risks on the site.

The waste management vendor shall ensure that all his workmen strictly adhere to the safety
instructions provided during induction and compulsorily wear tight fitting clothing, safety shoes,
safety helmet, fluorescent jacket and other personal protective equipment’s conforming to the
national standards as demanded by the hazard inherent to the type of work carried out by them.
Gambling, fooling on the work, horseplay, mock fighting or fighting is strictly forbidden in ABB
ABB Safety conditions for work for waste management vendor
Issued By Checked By Approved By Date of Issue Revision
Country HSE
Country HSE/SA Manager Managing Director 01.07.2018 0
Manager

premises. Photographic, video, audio or other recording equipment, such as cameras in mobile
devices, shall not be used in ABB premises unless authorized by the area ABB supervisor.

The waste management vendor shall ensure to keep the availability of necessary personal protective
equipment for use by persons employed and such equipment shall be maintained in a condition
suitable for immediate use. In case the waste management vendor failed to provide within the notice
period, ABB officer-in-charge is authorized to provide necessary personal protective equipment/s
and safety gears to the waste management vendor workmen as deemed necessary to fit for the work
being carried out; cost of the same shall be debited from the bills. In case of breach of other safety
non-compliance, penal action appropriate to the level of breach will be taken against the waste
management vendor, subject till to the level of termination of the contract and blacklisting.

The waste management vendor shall ensure that all lifting appliances are properly maintained and
stored. Further, waste management vendor shall ensure that they are tested through competent
person before putting them into use first time, after any repair/alteration and once in every twelve
months.

The waste management vendor shall ensure that every vehicle used is equipped with reversing
alarm/horn, tail light, power and hand brake, silencer, search light for forward and backward
movement. Further, waste management vendor shall ensure that all such vehicles are inspected by
a competent, responsible person prior to entry into ABB premises and they are driven/ operated by
authorized driver/operator only. The Waste management vendor shall submit objective evidence of
vehicle condition including all legal documents and driver’s license to operate to the ABB
representative.

The waste management vendor shall deploy competent supervision for loading activities at site to
prevent Incident/Injury to man, damage to machine, materials and environment.

The waste management vendor shall maintain housekeeping throughout and till completion of the
job.

The waste management vendor shall promptly report in writing to the ABB official in-charge, all
incidents whatsoever arising out of, or in connection with the performance of the work on the site
which caused death, personal injury, loss of working time or property damage, with full details. In
addition, if death or serious injuries or serious damages are caused, he shall report the incident
immediately to the local police and the concerned authorities by the telephone or messenger as per
statutory rules prevalent at that time. Waste management vendor shall, also, indemnify ABB from
any of the losses or legal breach arising out of such incidents.

Consequence management

Consequence management system is aimed to discourage negative safety behavior / practices.

Company would impose disciplinary actions for violations of specific identified rules deemed
essential by the company and or / various labor laws. For the violation of the above requirements,
disciplinary sanctions will be decided by company internal investigation team, on case to case basis.
ABB Safety conditions for work for waste management vendor
Issued By Checked By Approved By Date of Issue Revision
Country HSE
Country HSE/SA Manager Managing Director 01.07.2018 0
Manager

Following are the disciplinary actions mandated for the stipulated violations

Particulars Penalty
Contractor indulging with MTI/LTI/SI per incident * Medical treatment injury – INR 5,000/-
Lost time injury – INR 20,000/-
Serious injury – INR 50,000/-
Deviation against ABB COP/ Penalty INR 1,000/- per case per day
working without induction, valid gate pass/
non usage of PPE, working without PTW/
working on unsafe equipment, using unsafe
electrical connections, unsafe height work and
unsafe material handling, working with tools and
tackles without valid test certificates
Violation of road safety norms such as Overtaking/ Penalty INR 1,000/- per case per day
Overloading/
Over Speeding/
Not using safety belt in 4 wheelers /
talking on mobile while driving/
driving without license/
rash driving/
leaving vehicles unattended/
parking on road creating hindrance to pedestrians
or other vehicles.
Misbehavior with employees, co-workers, customer, Penalty INR 1,000/- per case per day
supervisors, safety personnel etc.
Working at ABB Premises possessing alcohol / Contract termination
under influence of alcohol or other illegal drugs /
smoking at site

*The final decision on penalty for incident would be made by the management committee. The penalty value is
indicative of the maximum possible penalty that can be imposed for each category of incidents.
 ABB GENERAL TERMS AND CONDITIONS

FOR SALE OF SCRAP, UNUSABLE INVENTORY, WASTE AND ALLIED MATERIALS

(2018 -1 INDIA)

3.1.4 Purchaser shall ensure adequate insurance cover is

1. DEFINITIONS AND INTERPRETATION obtained in respect of its employee, vehicles, and maintain its
1.1 The following terms have the following meaning: validity period.
ABB GTC: means ABB General Terms and Conditions for sale 3.1.5 The Products are sold by ABB on “AS IS WHERE
of scrap, unusable inventory, waste and allied materials (2018-1 CONDITION” and on “NO COMPLAINT AND NO
India); RETURN BASIS”.
Party: ABB or Purchaser, collectively referred to as Parties; 3.1.6 The sale price of the Products shall be subject to Order
Products: means materials like scrap, unusable inventory, waste Acknowledgment by ABB. The payment shall be made in full
and allied materials; as 100% ADVANCE AMOUNT before removing the ABB
Purchaser: means the Party engaged by ABB on non-exclusive approved Products from the Site(s).
basis for buying the Products;
Site: ABB location where Purchaser lifts and removes the 4. TERMINATION
Products (i.e. pre-approved by ABB in writing); 4.1 ABB may at its own discretion terminate the purchase order
1.2 Reference to clauses are references to clauses of the ABB for convenience in whole or in part at any time for any reason
GTC; by providing a written notice to the Purchaser. ABB shall be
1.3 Headings are for convenience only and do not affect the entitled for payments by the Purchaser for any ABB pre-
interpretation of the ABB GTC. approved Products stated in the Order Acknowledgement by
ABB. Purchaser shall not have any claim against ABB due to
2. APPLICATION such termination.
2.1 The purchase order acknowledged by ABB, including the
ABB GTC shall be the exclusive terms and conditions which 5. COMPLIANCE, INTEGRITY
shall govern the contractual relationship between ABB and 5.1 Both Parties warrant that each will not, directly or indirectly,
Purchaser. and that each has no knowledge that other persons will, directly
2.2 Any amendment to the ABB GTC shall be agreed in writing. or indirectly, make any payment, gift or other commitment to its
2.3 ABB GTC terms shall prevail over any other document(s). customers, to government officials or to agents, directors and
employees of each Party in a manner contrary to applicable laws
3. PURCHASER’S RESPONSIBILITIES (including but not limited to the U.S. Foreign Corrupt Practices
3.1 Purchaser shall adhere: Act, the UK Bribery Act, 2010, anti-corruption laws of India
3.1.1 in accordance with the applicable laws and regulations, (including Prevention of Corruption Act, 1988) and, where
including but not limited to statutes, ordinances, permits or applicable, legislation enacted by member states and signatories
approvals (collectively Applicable Laws) of any central, state, implementing the OECD Convention Combating Bribery of
local or other authorities and shall keep ABB indemnified Foreign Officials), and shall comply with all relevant laws,
against all penalties and liabilities for non-compliance with any regulations, ordinances and rules regarding bribery and
such Applicable Laws. Purchaser shall comply and ensure corruption. Nothing in the contract shall render ABB liable to
compliance by any of its employees or resources with all (i) reimburse Purchaser for any such consideration given or
Applicable Laws, industry standards and good practices relating promised.
to health, safety, transportation and environment. Purchaser 5.2 Purchaser herewith acknowledges and confirms that it has
shall be solely and exclusively responsible for any claim and /or received a copy of ABB’s Code of Conduct or is aware how to
lawsuits filed by its employees and shall without limitation access the Code of Conduct online.
defend, indemnify and hold harmless ABB from any claim, 5.3 ABB has established reporting channels where Purchaser
proceeding, action, fine, loss, costs, damages and expenses and its employees may report suspected violations of applicable
arising out of or relating to any such claims and/or lawsuits, and laws, policies or standards of conduct: Web portal:
any non-compliance with Applicable laws. It is clarified that www.abb.com/Integrity-reporting Channels; contact
both the Parties shall not be liable or responsible to each other details specified on this Web portal.
for any indirect or consequential losses of any nature. 5.4 Any violation of an obligation contained under this Clause 5
3.1.2 Any Product, which can be sold in the market by Purchaser is a material breach of the Purchaser and entitles the other Party
in the same form should be deformed or destroyed in the to terminate the purchase order with immediate effect and
presence of ABB representatives and any item with ABB Logo without prejudice to any further rights or remedies available
should be deformed or destroyed in the presence of ABB thereunder or at law. Notwithstanding anything to the contrary
representatives. Purchaser shall provide ABB with a certificate in the purchase order, Purchaser shall indemnify ABB without
signed by Purchaser’s authorized representative upon successful limitation, damages, costs or expenses incurred as a result of any
removal of the Products from Site(s). such violation and/or termination of the purchase order.
3.1.3 Purchaser assumes full responsibility for the acts and 5.5 Purchaser shall follow the ABB procedures in respect of
omissions of its employees and/or subcontractors as if such acts Products located at Site (s) for activities related to removing,
or omissions were those of Purchaser. lifting, loading, unloading, transport, etc., from the Site(s).
Further, the Purchaser shall adhere to the Site security, Health,

ABB
Page 1 of 2
© 2018 ABB. All rights reserved.
Safety and Environment compliances and requirements without
any deviations.

6. CONFIDENTIALITY
6.1 Both Parties shall keep in strict confidence all data or
information and any information or data concerning the
Products, technologies, Site(s), etc., that may be obtained in
connection with the purchase of Products and apply appropriate
safeguards to protect such information/data. Purchaser shall
inform ABB without any delay about suspicion of breaches of
data security or either serious incidents or irregularities
regarding ABB information or data. If ABB discloses any
personal data to Purchaser, Purchaser shall comply with all
applicable data protection laws, rules and regulations.

7. ASSIGNMENT AND SUBCONTRACTING

7.1 Purchaser shall not assign, transfer, encumber or subcontract
(including any monetary receivables by ABB) the purchase
order/contract without prior written approval from ABB.

8. GOVERNING LAW AND DISPUTE SETTLEMENT

8.1 ABB GTC shall be governed by the substantive laws of
India. Any dispute arising out of or in connection between the
Parties under the ABB GTC, including any question regarding
its existence, validity or termination, shall be referred to and
finally resolved by arbitration in accordance with the provisions
of the Indian Arbitration and Conciliation Act, 1996 (“Act”),
including any statutory modification made thereof. The
arbitration shall be conducted by three arbitrators, one each to
be appointed by ABB and Purchaser and the third to be
appointed by both the arbitrators in accordance with the Act. The
decision of the arbitrators is final and binding upon the Parties.
The language of the proceedings shall be in English and place
of arbitration shall be Bengaluru, India.

9. SEVERABILITY
9.1 The invalidity or enforceability of any term of the ABB GTC
shall not adversely affect the validity of enforceability of the
remaining terms. The Agreement shall be given effect as if the
invalid or unenforceable term has been replaced by a term with
a similar economic effect.

10. SURVIVAL
10.1 Provisions of the ABB GTC which either are expressed to
survive its termination or from their nature or context it is
contemplated that they are to survive such termination shall
remain in full force and effect notwithstanding such termination.

11. ENTIRITY
11.1 ABB GTC constitutes the entire agreement between the
Parties and replaces any prior agreements between the Parties,
whether oral or in writing, with regard to its subject.

12. RELATIONSHIP OF PARTIES

12.1 The relationship of the Parties is that of independent parties
dealing at arm’s length and nothing in the ABB GTC may be
construed to constitute the Purchaser as an agent or employee of
ABB or so as to have any kind of partnership with ABB, and the
Purchaser shall not represent itself as or act on behalf of ABB.

RAJESH Digitally
by RAJESH
signed

ABB KUMAR KUMAR M

Date:

M 2019.08.01
15:26:39 +05'30'

Page 2 of 2
© 2018 ABB. All rights reserved.