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Sale Of Salseed
Terms and Condiations
The Managing Director, Orissa Forest Development Corporation limited invites Tender in prescribed form to be received up to 11.00 A.M on 25.05.07 from the reputed purchasers of state of Orissa and outside state of Orissa for sale of 3800 MT [Approx]Sal seeds of 2007 Crop. The quantity of sal seed offered for sale will be delivered from central godowns of different divisions of OFDC Ltd.. The acceptance of tender shall be subject to final decision taken by the competent authority i.e M.D, OFDC Ltd. The terms and conditions of the tender sale are as follows;
- Each offer shall be submitted in a sealed cover duly super- scribed �TENDER FOR SAL SEED 2007 CROP� and addressed to the Managing Director, Orissa Forest Development Corporation Ltd..A/84, Kharvel Nagar, Bhubaneswar so as to reach in the corporate office up to 11.00 AM on 25th May� 2007.Offers received beyond the schedule time and date shall not be entertained.
- The tender will be opened on 25.05.07 at 11.30 A.M in presence of Tenderers or the authorized representatives, if any.
- The submission of tender for this purpose shall be taken as sufficient proof for acceptance of all the terms and conditions of sale by the Tenderer herein contained which shall be binding on him.
- If the successful Tenderer is a company or partnership firm in that case copies of Memorandum and Articles of Association and certificate of registration or the deed of partnership etc. as the case may be, should be produced in original for verification and photo copies there of should be filed before the Managing Director, OFDC Ltd. for record before execution of deed of agreement. The person signing the tender/offer or executing the agreement must satisfy the OFDC Ltd. about his power to do so on behalf of the firm or company. The authorized representative/power of attorney holder, who is to sign the agreement on behalf of the company/firm, must submit the required power of attorney executed in their favor for performance of the contract.
- Orissa Forest Development Corporation Ltd., is not bound to accept the offer and also reserves the right to reject any or all the offers submitted for such sale without assigning any reason there of.
- The Managing Director, OFDC Ltd. at his discretion may at any stage call upon any Tenderer to furnish evidence of his having any Industries using salseed as raw material for extraction of oil, his solvency and clearance of Income Tax and VAT etc.
- Each offer/tender shall contain the full name and address of the tenderer and the person signing the tender should give his full name and specify his status and capacity in relation to Tendrer.
- Each offer shall be accompanied by Earnest Money Deposit (EMD)in shape of account payee Bank Draft for 15% of the offered value whichever is higher drawn in favour of OFDC Ltd., and payable at any Nationalized Bank at Bhubaneswar.
The OFDC Ltd., reserved the right to accept earnest money in cash, in exceptional circumstances and when so accepted the relevant money receipt shall be furnished while submitting the offer. In case the offer is accepted, EMD of that Tenderer shall be adjusted towards the security deposit/sale value. In case of unsuccessful Tenderer the EMD so deposited will be refunded to them in shape of Account Payee Bank Draft drawn on any Nationalized Bank located at the registered office of the Tenderer after deducting Bank Commission.
- The OFDC Ltd. reserves the right to allot the additional quantity, if any, available in that division over and above the quantity of Sal seeds offered for purchase by a successful Tenderer. Name of the division and quantity of Sal seed to be allotted to a successful Tenderer/purchaser shall be determined keeping the application of the Tenderer(s) in view.
- The Tenderer shall quote the rate division wise on ex-Central godown basis exclusive of all taxes, duties, levis, fees etc.
- The offer of the Tenderer shall remain valid for a period of 45 (forty) days from the date of opening of the tender for acceptance.
- The successful Tenderer shall be required to furnish the security deposit in shape of account payee Bank draft in favor of OFDC Ltd., payable at Bhuabneswar, which is 25% of the estimated sale value of salseed allotted/purchased by him. The said amount must be paid by him within 7 [seven] days from the date of receipt of allotment order and before execution of agreement.
- Failure to deposit the security deposit and execution of agreement within the specified period 7 (seven] days shall entail forfeiture of EMD/SD and that the OFDC Ltd. shall be at liberty to dispose of the salseed in whatever manner it deemed fit. In the event of any short fall in sale price due to such resale, the differential amount shall agreed be realized from the Tenderer / purchaser as arrears of land revenue.
- The security deposit is liable to be forfeited / retained either wholly or partially in case of any breach of the terms and conditions of the sale by the successful Tenderer without prejudice to any other action by the OFDC Ltd. to redeem it�s loss arising directly or indirectly out of the Act of breach of terms and conditions of the tender. The quantum of such loss as determined by OFDC Ltd. shall not be questioned by the Tenderer in any forum /Court.
- Guny bags will be supplied by the purchaser for lifting of materials.
- The purchaser or his authorized representative duly approved by the concerned Divisional Manager , OFDC Ltd. on receipt of notice from the office of the OFDC Ltd. shall be present to accept the quantity of salseeds after weighment in their presence.
- No complaint[s] regarding quantity and quality of salseeds shall be entertained subsequently after allotment nor shall OFDC Ltd. be responsible for any deterioration due to delay that may take place in dispatch/lifting of purchased goods by the purchaser.
- In case of Ex-Go down delivery , all charges for weighment and bagging of the stock at the time of delivery and loading of the goods in truck etc.shall be borne by the purchaser.
- The purchaser shall be required to pay full sale value of allotted stock in installments before lifting of salseeds as per the schedule given below:
- For lifting allotment quantity up to 1000 MT. entire amount is to be paid in one installment by 07/06/07.
- Quantity above 1000 MT, the entire amount is to be paid in two equal installments i.e. 1st on 07/06/07 and 2nd on 25/06/07.
- All payments shall be made by way of A/C payee Bank Draft drawn in favor of OFDC Ltd. on any nationalized Bank at Bhuabaneswar.
- In the event of failure to make payment of dues on or before the scheduled date by the purchaser (as per clause No. 19 above) interest shall be charged @15% P.A� a delay up to 30.06.07 from the due date of payment, while interest @18% P.A. from due date shall be charged if the delay is beyond 30.06.07 and OFDC Ltd. shall ha e the right to rescind the contract from the date of default along with forfeiture of the security deposit and other deposits without giving any notice and resale the entire of balance stock as the case may be and to recover the loss which it may sustain on account of resale from the defaulting purchaser as per process of low and from his other dues, if any lying with OFDC Ltd.
- The lifting of the allotted stock shall be completed within 60 [Sixty] days from the date of issue of lifting order on payment of sale price and taxes etc as mentioned. Taxes and duties etc. as applicable is to be paid by the purchaser to the Divisional Manager concerned before lifting of the stock. In case of failure to lift the allotted stock within 90 [ninety] days, an extra period of 30 [thirty] days may be allowed for lifting on payment of Go-down rent and watch and ward expenses by the purchaser @ Rs.100/- per M.T. per month for the delayed period. However, the OFDC. Limited will not be responsible for deterioration of quality, loss in quantity and disposition of allotted stock due to such storage etc.
- The purchaser will have no claim over the purchased stock on expiry of 90 [Ninety] days after issue of lifting order and OFDC Ltd. will be at liberty to resale the unlifted sold stock and recover the monetary loss that it may have sustained on resale from the defaulting purchaser as per process of low.
- Sale of sal seeds by way of tender in Orissa on ex-go-down basis will be subject to VAT and other taxes of the state as applicable.
- Before taking delivery of the goods in case the purchaser [Manufacturer] is unable to produce a certificate in Form No.27C as per Rule 37 C under Income Tax Act, valid for the period of agreement made with him, Income Tax at the prevailing rate along with surcharge, if any will be collected at source U/S 206 C of the I.T. Act or such an amount payable towards sale value of sal seeds as applicable under the law will be deposited with the central Government at the credit of the buyer within next seven days for which a Tax deduction certificate will be issued to buyer in form No.27 D under Rule-37 of said Act.
- The tenderer shall be bound to take the entire stock offered including excess quantity allotted subsequently as per clause-9 of the present Terms and conditions of Tender sale.
- Any contract by the successful tender with any third party in respect of the sold stock will have no binding effect on O.F.D.C.Limited.
- Delivery of the sal seeds for sale will be given on �AS IS WHERE IS BASIS� and no selection/rejection shall be permitted.
- Quantity offered for sale is approximate. The OFDC Limited will not be responsible if they could not make available the quantity offered in the tender notice.
- The Courts at Bhubaneswar only will have the jurisdiction to entertain and decide the disputes arising out of this contract and no litigation of any nature shall be instituted by the parties in any other Court.
- All resultant dues against a purchaser in respect of this tender shall be recovered as per provisions of Law.
- Acceptance of tender of defaulted purchasers of sal seed of previous years shall be subject to the recovery of loss, if any made to Orissa Forest Development Corporation Limited.
- Any communication/letter sent to the purchaser by registered post will be deemed to have been delivered even if it is received back un-delivered.
- The Orissa Forest Development Corporation Limited. Reserves it�s right to negotiate with highest Tenderer or any other Tenderer after this tender for sale of its goods.
for ORISSA FOREST DEVELOPMENT CORPN. LTD.
MANAGING DIRECTOR
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