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E-AUCTION NOTICE

                                                  TERMS & CONDITION

THE E-AUCTION WILL BE GOVERNED BY THE FOLLOWING TERMS & CONDITIONS

Please contact the following cell nos. for any queries:

09868215515, 08076736937, 08076863359.     

Terms and conditions:

This is only for intimation. Accurate Auctioneers is an authorized e- commerce service provider for U.S Consulate General, Mumbai., to obtain rates online through auctioneer’s portal www.accurateauctioneers.in.  The Sale & Purchase are made directly by the Seller & buyers (Bidder(s)).

If any Bidder/Person Viewing this Information uses the Photographs/List/Pdf/Any information/Any documents uploaded online or elsewhere, for any other purpose other than Auction, which may include unauthorized distribution/Complains etc., The Bidder shall be punishable as per the respective Acts/rules etc., as the person has not sought the opinion/view of the seller.

·        SELLER: Seller referred in this condition of sale is U.S Consulate General, Mumbai..

·        SERVICE PROVIDER/ AUCTIONEER: Accurate Auctioneers (hereinafter referred to as “Accurate Auctioneers.”) is an e-commerce service provider appointed by the Seller to facilitate  virtual auction by the Seller. Accurate Auctioneers will only facilitate online auction and are considered as third party not particularly interested in the item/s being sold on behalf of the Seller.

·        BIDDER– Any person representing as an individual/Major, OR, as proprietor OR, as a partner OR as an authorized representative of any company and who is paying the caution money deposit as mentioned or as against each lot separately and registered at Accurate Auctioneers 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 capacity separately, i.e., for each representation he should pay separate caution money deposit.

·        BUYER: Any Bidder who has participated in the Auction and is the highest Bidder of a particular Lot/Lots, in the E-Auction is termed as Buyer.

·        The information & Photos of the Goods are for information purposes only.

Terms & Conditions:

·        Pre-paid EMD/CMD (refundable) for E-auction by NEFT: As mentioned against for participating in any of the LOTS. EMD/ CMD MUST be submitted through NEFT/ RTGS in Auctioneers Account as mentioned.

·        Return of CMD/ EMD’s of unsuccessful Bidders can be after Submission of Bank Details at Online Portal, completion of KYC and Submission of refund E-mail to Accurate Auctioneers E-mail: rk_puri05@accurateauctioneers.in, accurateauctioneers1@gmail.com

·        To BID for LOT basis. The rate of GST or any other statutory levies surcharge etc. will be applicable Extra and payable by the Buyer as prevailing on the date of actual physical delivery of materials.

·     Payment and Delivery Details.: Confirmation of the bid Acceptance/Final payment & status will be communicated by Auctioneer on the behalf of the Seller (Intimation will be done through & on Registered E-Mail ID at Auctioneer’s Portal). All payments are to be done as per Instructions sent on e-mail.

·     When bids are accepted on STC basis and can also be rejected even after Acceptance E-mail if Provided.

·     All The Computers & IT equipment’s, Laptops, etc. have been sanitized i.e., their Ram & Hard Disk has been removed. No Additional Accessories are available with them.

·     In case bids are rejected even after Acceptance & Collection of payment. The refund shall be initiated. No Interest will be Provided on Such amount Deposited.

·     In case of Bid is rejected, even after acceptance, or amount is deposited, the Buyer agrees that the Action has been done in Good Faith and he shall not file any complaint whatsoever.

·     After Acceptance, the Bidder must deposit the final Amount within 3(Three) Working Days.

·        Delivery should be taken within time mentioned in E-mail and as per Schedule. In case any Bidder is not able to lift the Material as per schedule, he must inform 48 hours in Advance.

·        Note:  Auto-Time Extension is applicable (unlimited) in this e-Auction.

·        If any Bidder/Person Viewing the Information uses the Photographs/List/Pdf/Any information/Any documents uploaded online, for any other purpose other than Auction, which may include unauthorized distribution/Complains etc., The Bidder shall be punishable as per the respective Acts/rules etc.

·        If any person has any dispute on the Information, he may write to care@accurateauctioneers.in, accurateauctioneers1@gmail.com . In case the Bidder does not resolves the Dispute or try to Defame the Agent or Seller through any means. The Procedure established under Law shall be used.

·        In case any bidder is not satisfied by the Information Provided, he should Not participate in the Auction.

·        Writing Directly to Seller will not be entertained.

·        The items put up for sale are under the custody of the Seller. Any lot or part thereof may be withdrawn from sale at any time before it is physically delivered to the Bidder without assigning any reason for such withdrawal.

·        Subject to the reserve price, if any, fixed by the Seller and subject to the term and conditions set out herein, sale shall be made to the Highest Bidder on “AS IS WHERE BASIS” and “NO COMPLAINT BASIS.” The Seller/Service provider does not undertake any responsibility to  any permission/ license etc. in respect of the Goods offered for sale.

·        The Goods up for Sale have not passed their useful Life in the Opinion of the Embassy.

·        The 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.

·        Participation and bidding in this Auction shall be treated as conclusive evidence of the fact that he is satisfied by the Conditions of Goods(including Vehicles) and the  documents  pertaining  to it, Terms & Conditions of the Auction and  is satisfied  in all  respects regarding quantity, quality, condition of the Goods, taxes and duties and other extraneous factors .

·        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. The Seller/ Auctioneer will not entertain any complaints or objections once the bid is placed.

·        The principle of “Caveat emptor” will apply.

·        The Seller / Auctioneer does not give any warrantee or guarantee of the quality, chemical composition of each individual item in the lot or about the “End Use” or fitness for a particular purpose.

·        The Highest Bidder does not get any right to demand acceptance of his offer. The Seller reserves the right to accept/ reject/ cancel any bid, withdraw any lot at any stage from Auction even after acceptance of bid/ issue of delivery order or release order. The Seller shall not be responsible for any damage/ loss whatsoever to the successful Bidder on account of such withdrawal.

·        The CMD/ EMD & H1 Bid & GST Deposited amount will not carry any interest.

·        In the event of failure on the part of the successful Bidder to fulfill his contractual obligations, the Seller/ Accurate Auctioneers, reserves the right to debar such Bidder from participating in any future auction conducted by Auctioneer on behalf of the Seller & other linked Offices.

·        For On-line Bidding, the prospective Bidder should have a valid e-mail ID/Address proof which must be uploaded on Auctioneer E-Auction Portal.

·        The Bidder must provide GST copy, (if applicable) for billing process.

·         Items are sold on "as is where is" condition and on a no-complaint basis. Neither the Embassy nor the Auctioneer makes no warranty, expressed or implied, on the effectiveness of the vehicles / items auctioned.   

·        Payment of necessary taxes is the responsibility of the buyer.

·        The Material being displayed has not out lived their Useful Life.

·        U.S Consulate General, Mumbai. nor Auctioneer does not guarantee it is complete working, as RAM & Hard Disk have been removed. In case the Product is not able to start, It is the Liability of the Buyer to Dispose of the Material as per Guidelines of CPCB.

·        Bidders must register themselves on www.accurateauctioneers.in.  Auctioneer Service Provider will help in registration. No registration fees will be charged in this Process.

·        The successful bidder will be informed by WITH IN 7 WORKING DAYS After Closing of Auction or Intimation E-mail. But validity of the Bid is 60 Days.

·        The successful bidder must make the final Payment Within 3 working days before 1:00 pm or as Instructed in E-MAIL, after Declaration of Result.

·         He should pay the bid amount by NEFT/RTGS in favor of “U.S Consulate General, Mumbai. ” & GST shall be paid to “ACCURATE AUCTIONEERS”, through NEFT/RTGS.   

·        The successful bidder’s EMD will be adjusted against the GST amount.

·        The earnest deposit will be retained / adjusted till the successful bidder pays for the bid. In case of Vehicle- EMD shall be refunded after NOC is received and transfer is complete.

·        Buyer and his representatives are subject to the security rule of the Seller in force while in the premises. The Buyer and his workmen agents or representatives shall not commit any nuisance, theft or indulge in any antisocial activities in the premises and the Buyer 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.

·        The Buyers shall be responsible for any damage that may be done to premises / fittings of the Seller while removing the lot or lots purchased by them. The authority may at its option arrange to make good such damages and the Buyer shall pay for the same on demand.

·        Copy of original government identity of buyer is required at the time inspection of the vehicle/Goods,  while making the payment for processing the documentation.

·        Unsuccessful bidders will be totally refunded within 5 working days through online mode to the same account. Bank Details must be uploaded on www.accurateauctioneers.in. The bid of 2^nd & 3^rd bidders will be valid until the H1bidder deposit his payment. 

·        For the vehicle purchased, The Embassy will provide necessary documentation.  After making the full payment, buyer must provide the name, copy of Aadhar card and address proof  where he wants to get the vehicle transferred.   The Handing Over of the Vehicle May take 30-60 Working Days after the Auction. In case of any further Delay, the Delivery time may be extended, with sole discretion of the U.S Consulate General, Mumbai..

·        The Embassy reserves the right to delete and may reject any or all bids of offers without assigning any reason thereto.

·        In case of any unforeseeable Event” SUCH AS LOCKDOWN”, the Decision of the Embassy shall be Final.

Disclaimer

·        Accurate Auctioneers runs its business based on a robust website & is having dedicated server hosted at pan India Network from a third-party hosting company and hence shall ensure smooth running of the website. The Seller/ Auctioneer will not be held responsible for any failure of power, network, server, hosting server, internet connectivity, ISP or otherwise at the Bidder’s end or at The Seller/ Accurate Auctioneers, directly or indirectly affecting online method of Bidding.

·        Neither the Seller nor Auctioneer takes responsibility of the quality, quantity, documentation details of the Buyers/ Seller. Both the Buyers & Sellers agree to defend indemnity and hold harmless Auctioneer from any loss, damage, cost and expenses caused by any reason during this transaction. In no event, shall the Auctioneer be liable for any loss for the transactions by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim.

·        The Bidder agrees to have discussed all the related matter regarding this transaction and have understood in full that Accurate Auctioneers has provided his service as an Auction Service Provider and has nothing to do any further, especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations, etc., to be followed from time to time. Since Accurate Auctioneers 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 does not violate any applicable law. No complaint will be entertained after the lot is successfully bid and awarded after the closing of the Auction.

·        In the event of any dispute about non-lifting / non-availability of inspected materials etc. and forfeiture of 'EMD', Auctioneer will not be held responsible for the loss / forfeiture and purchaser shall keep Auctioneer fully indemnified and harmless against any claim and proceedings.

·        In the event of any dispute, the same will be referred to a sole arbitrator to be appointed by the by the Seller and the Arbitration proceedings would be governed by arbitration and Conciliation Act 1996. The parties will share the fees and expenses towards arbitration proceedings equally. The jurisdiction for filing the award into court or any other proceedings under the Arbitration Act shall be that in Delhi only. The part payable by the Service Provider shall be limited to the Fees/commission obtained and rest shall be paid by the buyer.

·        The Dispute Resolution shall also be solved using the procedure established by MEA & Courts of Delhi shall have exclusive Jurisdiction over it.

·        I AGREE TO APPOINT ADVOCATE DHEERAJ KUMAR AS AN ARBITRATOR BY PARITICIPATING IN THIS AUCTION IN CASE OF ANY DISPUTES. ALL FEES SHALL BE PAID BY BUYER IN CASE OF ARBITRATION, WHICH SHALL BE THE FIRST WAY OF SOLVING ANY ISSUES OF THE AUCTION.