Acharya Jagadish Chandra Bose Road
: 021-7963/7811/4330 MSTC IN
: 247-8547/4915, 240-4178/4294, Cable-METSCRAP
GENERAL TERMS & CONDITIONS OF e-AUCTION
1. WELCOME TO MSTC !
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: www.mstcecommerce.com.
In addition, when using particular MSTC services, you and MSTC 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. MSTC
also may offer other services from time to time, such as that are governed by different
General Terms & Conditions of Services.
DESCRIPTION OF SERVICE
You also understand and agree
that the Service may include advertisements and that these advertisements are necessary
for MSTC 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
You must be at
least 18 years of age to access and view.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of
the Service, you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or MSTC has apparent / reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, MSTC
has the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). MSTC is concerned about the safety and
privacy of all its users.
Registration Data and certain
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 MSTC 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. MSTC cannot and will not be liable for any loss or damage arising from your
failure to comply with this Clause .
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
You agree to not use the Service to :
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;
harm minors in any way;
impersonate any person or entity,
including, but not limited to, a MSTC official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content transmitted through
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);
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;
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;
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;
disrupt the normal flow of
dialogue, or otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges;
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;
intentionally or unintentionally
violate any applicable local, state, national or international law,
"stalk" or otherwise
harass another; or
collect or store personal data
about other users.
You acknowledge that MSTC does not
pre-screen Content, but that MSTC 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, MSTC 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
MSTC 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 MSTC, its users and the public.
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.
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 MSTC 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.
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.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MSTC 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 MSTC 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 MSTC, 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 MSTC
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 MSTC 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 MSTC, 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.
areas of the Service are those areas of the MSTC network of properties that are intended
by MSTC to be available to the general public.
You agree to indemnify and hold
MSTC, 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.
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.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MSTC may
establish general practices and limits concerning use of the Service. You further
acknowledge that MSTC reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
MSTC 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 MSTC 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.
You agree that MSTC, 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 MSTC believes that you have violated or acted
inconsistently with the letter or spirit of the GTC. MSTC 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
MSTC 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 MSTC shall not be liable to you or any third-party for any termination of
your access to the Service.
The Service may provide, or
third parties may provide, links to other World Wide Web sites or resources. Because MSTC
has no control over such sites and resources, you acknowledge and agree that MSTC 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 MSTC 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.
MSTC'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 MSTC 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
You agree not to access the
Service by any means other than through the interface that is provided by MSTC for use in
accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT :
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MSTC 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.
MSTC 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
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.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM MSTC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE GTC.
TIME DEFINITION CLARITY & RESPONSIBILITY
(i) TIME FOR ALL PURPOSES IN THE CONDUCT OF THE AUCTION SHALL DENOTE THE TIME AS REGISTERED IN THE MSTC 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
MSTC 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 MSTC 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. MSTC 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.
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 MSTC and govern your use of the
Service, superceding any prior agreements between you and MSTC. 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 MSTC shall be governed by INDIAN
laws without regard to its conflict of law provisions. You and MSTC agree to submit to the
personal and exclusive jurisdiction of the courts located within the city of Kolkata, West
Bengal. The failure of MSTC 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 MSTC 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
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 MSTC Management.However, the acceptance of such re-registration
fees shall be at the sole & absolute discretion of MSTC.
25. INTEGRITY PACT Applicable for Tender / Auction / e-Auction / e-Sale / e-Booking
Please report any violations of the GTC to the Dealing Department.
27. Debarment / Black-Listing
The Seller and/or MSTC reserve the right to black-list, debar any bidder/buyer due to any act of omission or commission or fraudulent acts indulged or caused to be indulged by such bidder/buyer in the course of bidding process and/or in the execution or performance of any of the contracts which may be awarded to the bidder/buyer pursuant to the e-Auction, provided however, that the Seller and/or MSTC shall be obliged to allow an opportunity of being heard to such bidder/buyer before any order of black-listing/debarment could be passed. Any such order of black-listing/debarment that may be passed by the Seller and/or MSTC shall be without prejudice to other right of actions available to the Seller and/or MSTC against the bidder/buyer under the e-Auction Terms & conditions