I.1 The Bidders/Users who are interested to purchase through e –auction should get themselves registered with the website as bidder well in advance before commencement of e-auctions. The bidders who have valid registration with the website need not register again.
I.2 The Sale will be governed by the Special Terms & Conditions (STC) and the General Terms & Conditions (GTC) and User Agreement (UA) already accepted by the Bidder at the time of e-Tender cum e-Auction Registration with the website. Participation in the e-Auction will be deemed to imply that the Bidder has made himself thoroughly aware of and accepted the STC, UA and GTC. In case of any conflict between the STC, GTC and UA, the STC shall prevail.
I.3 AucBidZ shall have the right to issue addendum to the STC or UA to clarify, amend, modify, supplement or delete any of the conditions, clauses or items stated therein and the Addendum so issued shall form a part of the original STC or UA as the case may be.
Use of the Website is permitted only to persons who are competent to enter upon legally binding contracts as defined under the Indian Contract Act, 1872. Persons “incompetent to contract” under the Indian Contract Act, 1872 including minors, un-discharged insolvents, persons of unsound mind are not eligible to use this Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not place any order or purchase any item/items from the Website. As a minor if you wish to purchase an item on the Website, the same may be made by your legal guardian or parents who have registered as a user of the Website. The Website reserves the right to refuse to provide you with access to the website if it is brought to notice or discovered that You are under the age of 18 years.
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. AucBidZ shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If AucBidZ has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account without any liability to AucBidZ.
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5.1 AucBidZ grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AucBidZ and / or its affiliates, as may be applicable
5.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
5.3 You must not:
I. republish material from this website (including republication on another website)
II. any resale or commercial use of this website or its contents
III. any collection and use of any product listings, descriptions or prices
IV. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
V. edit or otherwise modify any material on the website or
VI. any derivative use of this website or its contents
VII. any downloading or copying of account information for the benefit of another seller
VIII. any use of data mining, robots, or similar data gathering and extraction tools.
5.4 This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of AucBidZ and / or its affiliates, as may be applicable.
6.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
6.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
6.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without AucBidZ’s express written consent.
6.4 You must not use this website for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
6.5 You must not use this website to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam to cause annoyance, inconvenience or needless anxiety
7.1 For inspection of materials, the interested Bidders will be provided an opportunity to meet the stock holder on any day as mutually agreeable between the parties. The intending bidders or their representatives may take prior appointment by means of exchanging document in RFP Marketplace with stock holder for inspection of lots notified for sale. Buyers/Bidder can also request for the sample products and other details such as delivery time/mode, quality, warranty etc. form the Sellers. The e-auction commencement date/ closing date for each product shall be notified at the start of the auction on the website.
7.2 The bidder has a right to satisfy itself about the quality, quantity, age, and conditions etc., of the materials. In furtherance of the above, the principal of "CAVEAT EMPTOR" (LET THE BUYER BE AWARE) will apply. AucBidZ makes no warranties as to the quality or fitness of the lots / items for any particular purpose or as to the accuracy of the descriptions, on the Auction Platform, of the lots / items.
7.3 Seller/ AucBidZ reserves right to stop/postpone/cancel the e-auction at any stage prior to conclusion of the e-auction or release of PO and the same to be communicated to all the participants without assigning any reason there for.
7.4 Seller/AucBidZ reserves the right to accept or reject the highest rate offered in the e-auction without assigning any reasons prior to conclusion of the e-auction or release of PO and the same to be communicated to all the participants without assigning any reason there for.
7.5 Seller/AucBidZ reserves right to modify/alter/cancel/omit any of the Terms and Conditions pertaining to the e-auctions as and when required prior to conclusion of the e-auction or release of PO and the same to be communicated to all the participants without assigning any reason there for.
7.6 The Seller reserves the right to add/delete/change/modify any or all the general conditions mentioned in the e-auction schedule and the said addition/deletion/changes/modifications shall be incorporated in the agreement to be entered into with the bidders / bidder irrespective of e-auction conditions mentioned in the notice inviting e-auction or in the e-auction schedule or the same shall be incorporated in a form of appendix as the case may be and the same will be binding on the Bidder/User without any recourse.
7.7 When the bidder files its bid, the acceptance or rejection of the bid by Seller, or methodology adopted by the Seller, in short listing the bid for the disposal of material / materials etc., on e-auction platform shall not become a cause of action or ground to initiate any legal action before any Court or Courts of Law for obtaining any order, Injunction, Direction etc., from any Court to stall the proceedings of Seller. In the event of any dispute arising out of the e-auctions such dispute would be subject to the jurisdiction of the civil courts at Mumbai.
8.1 The bidders who have participated in the e-auction shall be bound by their offers and by these terms and conditions for a period of ____________from the date of closing of e-auction for confirmation. However, any period of stay granted by any competent Court shall not count towards this period.
8.2 In case of breach of this condition, the Deposit amount shall be forfeited.
8.3 AucBidZ shall refund Your Earnest Money in case you are not the winner; either through electronic transfer within 10 days after the conclusion of the auction, or, through any other medium mutually agreed.
8.4 Users may also maintain balance in AucBidZ account to further participate in additional auction or as to make direct purchase.
9.1 The seller will issue the sale Confirmation order/Acceptance letter after obtaining approval from AucBidZ.
9.2 The successful bidders should not transfer the offer awarded to him / her to others and also no sub-contract is allowed.
9.3 In case of deviation of any of the e-auction conditions, the offers shall be cancelled besides forfeiting the deposit amounts and imposing penalty as decided by the Seller.
9.4 When a bid is accepted, the buyer will have to pay the earnest money @ __% of the sale value plus applicable taxes and duties within __ working days from the next date of the closure of auction. The date of acceptance of bid will be the date on which the Seller/AucBidZ sends the acceptance message to the buyer. In case the earnest money as mentioned above are not deposited within the time specified, the registration fee will be forfeited without any further notice, where the bids are not accepted finally, the earnest money deposit by the bidder shall be refunded to the buyer.
10.1 Delivery Order or Sale Order or Delivery-cum-Sale Order will be issued automatically online at the instance of any competent officer of AucBidZ on confirmation of payment of full sale value. The full sale value means payment of material value, duties & local taxes, freight charges, sales/VAT tax, Octroi, insurance premium and any other levies under the above mentioned clauses.
10.2 The goods are to be completely removed by the buyer from the site of accumulation within the time specified in the Delivery Order/Sale Order/Delivery-cum-Sale Order. However, the delivery will be made during working hours on all working days on presentation of the aforesaid order to the custodian of the materials.
10.3 At the outset, buyers & Sellers will make their own arrangement for loading & transport except where it has been specifically mentioned in the Special Terms & Conditions. The specified delivery period will be counted from the next day of the date of issue of the order.
10.4 If the buyer wishes to take delivery of the goods purchased by him, through a representative, he must authorize such representative by a letter of authority, which the representative should present to the appropriate officer concerned/custodian. Delivery by proxy/delegation will be at the buyer's sole responsibility and risk and no claim shall lie against the Seller or AucBidZ at any account whatsoever if delivery is affected on such proxy.
10.5 In the event that the Seller has mentioned only ex-factory price of the goods excluding the shipping cost, the Seller is obligated to share the logistics quotations with the buyer through the RFP document & it shall be its sole responsibility for shipping the product. Notwithstanding the above, if the Seller refrains from taking responsibility for shipping the product, it is mandated to disclose such to the buyer via RFP document before the conclusion of the deal.
10.6 Alternatively, buyers & Sellers can on fulfilment of required shipping details in the Website, request AucBidZ for arrangement of shipping services for the goods through its logistic providers. In pursuance of the above, AucBidZ shall forward the requirements provided in the shipping details to the logistic provider on the basis of which quotations as applicable shall be shared with the User. This is subject to confirmation of payment of full sale value as per Clause 10.1.
11.1 The User can opt for automatic bidding by means of auto bidding function; wherein Users/Bidders will have to fix the maximum bid amount and the Website’s system will place bids on User’s behalf beginning with the next bid increment until you are the winner of the auction or another bidder bids higher than your maximum auto bid. The bid increment is the predetermined amount by which a bid will be raised each time the current bid is outdone.
11.2 AucBidZ conducts auction on the basis of total value of a product; which comprises of number of lots & its price. In some cases, wherein the number of lots that the User wants to purchase are not equivalent to the total auctioned lots, the auto bidding function will not be available for such.
12.1 User agrees to not artificially inflate traffic counts using any programs (including scripts), device, or other means. AucBidZ will be auditing every User’s traffic on a timely basis. User’s that produce or commit fraudulent activities, including but not limited to false impressions, will have their account permanently removed from our Website and will not be compensated for fraudulent traffic. Additionally, AucBidZ reserves the right to register fraudulent User’s with any law enforcement agencies subject to the extent of such use.
12.2 In order to protect the interests of our Users from any forms of fraudulent actions, AucBidZ may, at its discretion, terminate any accounts that it believes of violating one of its rules. Any accounts that have been cancelled due to fraudulent activities will not receive refunds subject to other terms and conditions of this agreement.
14.1 Any price indicated on the Site or agreed in an Online Transaction is stated exclusive of value added tax or any other applicable sales tax. Users in Online Transactions shall be responsible for paying any value added tax or other taxes which may be due on amounts owed by the Users under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded. If goods are exported, tax refunds or zero rating may apply. In respect of sales in Online Transactions, tax refunds (if any) will be made by AucBidZ or, where applicable, on receipt of (a) satisfactory proof of purchase by the User.
15.1 Reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to AucBidZ on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain AucBidZ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to AucBidZ of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, AucBidZ owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
15.2 AucBidZ will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. AucBidZ is and shall be under no obligation
I. to maintain any Comments in confidence
II. to pay you any compensation for any Comments or
III. to respond to any Comments.
15.3 You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
16.1 Subject to compliance with applicable national laws, AucBidZ may amend the terms and conditions of this Contract at any time and shall provide the User with advance notice of any such amendment. It shall be upto to the user to review these User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
17.1 AucBidZ reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
18.1 The User indemnifies and shall hold indemnified AucBidZ, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the User’s product, the breach of any of the User’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . This article shall survive the termination or expiration of this Agreement.
19.1 The User acknowledges and agrees that wherever applicable, the content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in Website, including advertisements or information is protected by domestic and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User is permitted to utilize this material and information only for personal use, and shall not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. AucBidZ shall not be held liable for any misuse or infringement of any trademark or copyright by the User, and the User shall be solely liable for any damages, claims, actions, etc. for infringement or violation of the same. AucBidZ reserves the right at its sole discretion to terminate the access of the User to the Website, if the User violates the provisions of this clause.
19.2 All content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the Website. Users of this Website are not granted a license or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.
20.1 Any dispute or difference arising between the seller, AucBidZ and the User in connection with the interpretation or implementation of the terms and conditions shall be referred to a Sole Arbitrator to be appointed as mutually decided by all the parties. The provisions of the Arbitration and Conciliation Act, 1996, as amended, shall apply to such arbitration. The place as mutually decided between the parties shall be the venue of such arbitration proceedings and the language of such arbitration shall be English. The award of such Sole Arbitrator shall be final and binding on the parties.
21.1 Unless earlier terminated as provided below, the term of this Agreement shall remain in force from the Effective Date until terminated. At the end of the term, the Agreement shall continue until terminated by either party on at least 30 Days prior notice.
21.2 AucBidZ reserves the right, at its sole and absolute discretion, to terminate this Agreement or your access to all or part of the Website or AucBidZ Services for any reason or to discontinue temporarily or permanently providing the AucBidZ Services, with a prior notice. In the event of termination by AucBidZ in connection with your breach of this Agreement, AucBidZ may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, upon a termination of the Agreement, you agree to pay AucBidZ for all Services performed through the date of termination.
22.1 On termination of this Agreement, You shall cease to be an authorized user.
22.2 All amounts owing by You to AucBidZ shall, notwithstanding prior terms of sale, become immediately due and payable
23.1 Unless consented to in writing by the other party, neither party shall ,in any manner disclose to any third person, other than for the purpose of this agreement any secret or confidential information which has come to its knowledge by virtue of this agreement.
23.2 Each party agrees that it shall restrict dissemination of the other parties’ confidential information only to those individuals who must be directly involved in evaluating the confidential information and use the same degree of care that it uses for its own information of like importance, but at a minimum due care, in safeguarding against disclosure of the other parties confidential information.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or recognized overnight services such as Federal Express or Regd. AD Posts.
If to Website:
If to User:
25.1 All materials, information, software, and products included on or available through this website (the "content") and all AucBidZ services are provided "as is" and "as available" for your use. The content and AucBidZ services are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. AucBidZ does not warrant that the content and AucBidZ services are accurate, reliable or correct; that the website will be uninterrupted, error free, or available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the website and AucBidZ services is solely at your risk.
25.2 AucBidZ does not warrant or represent that the website shall be uninterrupted, error-free, or completely secure. The User acknowledges that there are risks inherent in internet connectivity/server slowness that could result in the loss of Customer's privacy, confidential information, and property.
26.1 Under no circumstances shall AucBidZ be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, whether such claim is based on warranty, contract, tort or otherwise, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if AucBidZ has been advised of the possibility of such damages) resulting from your use of or inability to use the website or AucBidZ services. Under no circumstances will AucBidZ’s aggregate liability, on any form of action whatsoever in connection with your use of the website or AucBidZ services exceed the fees actually paid by you in consideration for the AucBidZ services.
27.1 These Terms & Conditions constitute the entire agreement between the Website and you. Any failure by the Website to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision. In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
28.1 AucBidZ shall not be liable for any failure or delay in performance due to any reason / cause beyond their control including fires, floods, go-slow, lock-out, closure, pestilence, dispute with staff, dislocation of normal working conditions, war, riots, epidemics, political upheavals, government action, civil commotion, acts demands or otherwise or any other cause or conditions beyond the control of aforesaid cause or not and the existence of such cause or consequence may operate at the sole discretion of AucBidZ to extend the time of performance on the part of AucBidZ by such period as may be necessary to be necessary to enable AucBidZ to effect performance after the cause of delay will have cause exist.
29.1 A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of any party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature or of any other nature.
30.1 This Agreement shall be construed and enforced according to the laws of the State of Maharashtra having jurisdiction at the courts at Mumbai and any dispute under this Agreement must be brought in this venue and no other.
31.1 The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.