Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.samil.in. website.

ATTENTION PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE/WEBSITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT SHRIRAM AUTOMALL, SHRIRAM ONE STOP AND SHRIRAM NEW LOOK (COLLECTIVELY “SHRIRAM AUTOMALL / SAMIL”) MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT SHRIRAM AUTOMALL MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”).

These Terms and Conditions may change without notice and it is your responsibility to check the Terms and Conditions each time you access the Website.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” “User” and “Your” refers to you, the person accessing this website and accepting the Company's terms and conditions. “SAMIL”, “Company”, “Ourselves”, “We” and “Us” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

Use of Site

If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and SAMIL, SAMIL owns the Site. The Site is protected under Indian Law. Any unauthorized use of the Site may violate copyright, trademark, and other laws.

Liability

The materials made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

Under no circumstances shall we, nor our affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of this site. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice.

Under no circumstances shall we, nor our affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of this site. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice.

Confidentiality

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto. When you register to open an account anywhere on the Site, or when you contact SAMIL through the Site for the purpose of receiving products or services, SAMIL may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Site account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Site password and you are solely responsible for all activities that occur under your password. You agree to notify SAMIL immediately of any unauthorized use of your password or any other breach of security related to the Site. SAMIL reserves the right to require you to change your password if SAMIL that your password no longer is secure.

Regulation of Site Usage

The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that SAMIL name is stated as the source and prior written permission of SAMIL is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

You agree not to use the Sites (including, without limitation, any Materials or Services you may obtain through your use of the Sites):

(a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”);

(b) to stalk, harass, or harm another individual;

(c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

(d) to interfere with or disrupt the Sites or servers or networks connected to the Sites.

You further agree not to

(e) use any data mining, robots, or similar data gathering or extraction methods in connection with the Sites; or

(f) attempt to gain unauthorized access to any portion of the Sites or any other accounts, computer systems, or networks connected to the Sites, whether through hacking, password mining, or any other means.

By submitting any User Submission, you represent and warrant that:

a. you are at least 18 years old;

b. you own all rights in your User Submissions or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to SAMIL the rights in your User Submissions described herein;

c. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

d. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

e. you voluntarily agree to waive all “moral & legal rights” that you may have in your User Submission;

f. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

g. your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

h. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;

i. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

j. your User Submission does not incorporate any infringing materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

k. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

l. your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

m. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Intellectual Property Rights

a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SAMIL owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to SAMIL without obtaining authorization from SAMIL.

b) Notwithstanding the foregoing, it is expressly clarified that you shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of the site.

Miscellaneous

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai.

Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. SAMIL does not review the contents in any way before they appear on the Website. SAMIL does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to contact@samil.in

Third Party Links

Links on the Sites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Sites. SAMIL is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, SAMIL does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them.

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Where SAMIL's written authorization is otherwise not provided, a website that links to this Site:

a. may link to, but shall not replicate, any Materials;

b. shall not imply that SAMIL endorses such website or any products, services, or content available through such website;

c. shall not misrepresent its relationship with SAMIL;

d. shall not present false or misleading information about SAMIL, its products, or its services;

e. shall not contain content that could be construed as distasteful, offensive, or controversial;

SHRIRAM AUTOMALL INDIA LIMITED
ONLINE & OFFLINE SERVICES USER AGREEMENT
TERMS & CONDITIONS OF SITE USE

Overview

This “Terms of Use” Agreement (the "Agreement") describes the terms and conditions applicable to your use of our website, https://bids.samil.in (hereafter referred to as the "Site"). This Agreement is entered into between you (the "User"/ “You”) and Shriram Automall India Ltd ("SAMIL" or “Service Provider”).

The Site is owned and operated by SAMIL, whose Head Office is located at: Unit No. 701-711, 7th Floor, Best Business Park, Plot No. P-2, Netaji Subhash Place, Pitampura, Delhi – 110034. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all terms and conditions hereinafter contained in it. You also acknowledge and agree that, unless SAMIL specifically provides otherwise, this Agreement only applies to this Site and SAMIL’s online Services available on this Site, and does not apply to any of SAMIL’s offline services.

Modification of the Site

SAMIL reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice, at its sole discretion. By your continuous use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates. SAMIL only grants you permission to access and make use of the Services provided in the Site. You are not authorized to download the code, prohibited content or modify/ alter/ change/ amend/ vary/transform/ revise the Site in any manner.

DEFINITIONS

(a) “Disposal Facilitation Service(s)” shall mean services of providing an on-line platform to facilitate the competitive disposal of Vehicles or any other item legally disposed.

(b) “Auto Bid” shall mean and include the bid placed by Service Provider / SAMIL on behalf of the User upon any authorization from the User to increase the bid upto the maximum bid amount as quoted by the User during the sale of assets.

(c) “Buyer’s Premium” shall mean the consideration payable to Service Provider / SAMIL by the User upon successful bidding or if declared as a Winning Bidder of the Vehicle/Asset for availing the Disposal Facilitation Services provided by Service Provider / SAMIL.

(d) “Credit Limit Slab” shall mean the limit prescribed as under or any amendment thereto pursuant to which the security deposit is payable by the User at the sole discretion of Service Provider / SAMIL.

(e) "Service Period"/ “Event” shall mean and include such period, mentioning the start date and time and the end date and time i.e. providing a specific period for purchase of the Vehicles/Assets.

(f) "Offer" means offer or proposal/s made to the seller, confirming payment in full, if declared as the Winning Bidder and accepting the Vehicle/Assets against final offered price quoted during the Event. (It includes offers during a disposal Event in which people compete by raising the offer or proposal until the Event closes and there is no more offer or proposal made.)

(g) "Bid Price" is a price, which may be equal to or more than the minimum price, last bid price, offered by User / You, as a bidder, for the purpose of purchasing the Vehicle / Assets.

(h) "Delivery" means delivery of the Vehicle / Asset by the Owner / Seller to the Winning Bidder in accordance with this Agreement.

(i) "Last offer price" shall mean the price, which is the highest price quoted by the User for the Vehicles /Assets, at the end of the Service Period.

(j) "Minimum Price/Starting Price" means minimum price quoted for the Vehicles/Assets and as displayed on the Site.

(k) “Negotiated Sale”/ “Bulk Bargain” shall mean and include the purchase of large scale of assets by the User by availing the Disposal Facilitation Services of SAMIL.

(l) “Proxy Bid” shall mean and include the bid placed by SAMIL on behalf of the User upon any authorization from the User by accepting a separate terms and conditions of such proxy bids to increase the bid up to the maximum bid amount as quoted by the User during the disposal Event of assets by the payment of a refundable security deposit amount.

(m) "Registered User" shall mean each User who registers at On-line Platform of SAMIL by providing require information (such as GSTIN/ Unique Id of registered recipient, name, address, telephone and fax number, email address, details of its business, etc.) and accepts this "terms of use" of the Site and provided all the necessary documents as per the Know Your Customer (KYC) norms (as mentioned on the Site) to participate in the disposal Event.

(n) "Disposal" shall mean and include transfer of possession and ownership of Vehicle/Asset for specified amount (Winning Bidder of Vehicles / Assets at maximum Offer/proposal).

(o) “Variable Bids” shall mean and include the variable limit which SAMIL fixes at its sole discretion limiting the number of bids to be placed by the prospective buyer.

(p) "Taxes" shall mean and include GST (Goods & Service Tax) and withholding taxes including but not limited to and other levies that are applicable on any payments or transactions envisaged under this Agreement.

(q) "User" is any person who accesses the Site for whatever purpose, regardless of whether the said User has registered with Service Provider / SAMIL as a Registered User or otherwise. A User includes a business entity and any legal entity which may be represented by such person under actual or apparent authority.

(r) “Vehicle(s)/Assets” shall mean the vehicle offered by the Owner / Seller for Disposal on the Site.

(s) "Winning Bidder" shall mean and include a person whose bid is the highest, in terms of price, at the end of Service Period.

(t) “Owner”/ “Seller” shall mean and include the person/s or any entity/ies that has/have all the legal rights and title over the Vehicles/Assets and is legally entitled to dispose such Vehicles/Assets using Disposal Facilitation Services of SAMIL and transfer such Vehicles/Assets with clear title.

Usage of Site

This Site serves as a platform for Users to negotiate and interact regarding the acquisition or disposal of vehicles or other items. SAMIL facilitates these transactions without being directly involved in them. Therefore, SAMIL is not a party to any agreements made between Users and Owners/Sellers. Users are solely responsible for all transactions conducted through the Site. SAMIL advises Users to exercise caution and diligence in their interactions. The Site is intended for personal or internal use only. Users agree not to copy, reproduce, or download any content for resale, redistribution, or competition with SAMIL. Unauthorized retrieval of information from the Site is prohibited without prior written permission from SAMIL. Additionally, Users agree not to undermine the integrity of SAMIL's or other Users' computer systems, or to use SAMIL's services in a manner that could harm their servers or networks.

Third Party Content

Some of the Content/information displayed on this Site is provided or posted by third parties ("Third Party Content") which may be from independent websites, over which SAMIL has no control or ownership. SAMIL may not be the author of third-party content, whether contributed by anonymous users or paid content providers. You agree and understand that by visiting such websites you are beyond SAMIL's Site. Neither SAMIL nor any of our affiliates, directors, officers or employees have entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. SAMIL is not responsible for the authenticity, availability, suitability, reliability, accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content, as the same is provided on "as is" without warranty of any kind. In addition, SAMIL is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. SAMIL may allow User access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. User acknowledges that SAMIL has no control over such third party's website, does not monitor such websites, and SAMIL shall not be responsible or liable to anyone for such web site, or any content, products or services whatsoever that made available on such a website.

Registered Users

Individual registration, by the User is required to become a Registered User to dispose of/purchase the Vehicles offered under this Site.

The Registered User is required to fill an online registration form available on the Site by providing true, correct and accurate information, such as name, address, mobile, telephone, and fax number, valid email address, details of business, etc. during time of registration. A system generated password shall be mailed to the Registered User on successful submission of registration form. The Registered User is advised to change the password immediately upon logging into the Site for the first time.

To become a Registered User, the User must study: (i) accept the "terms of use" of this Site; (ii) Validate his/her email ID; (iii) provide all the necessary / required documents as per the Know Your Customer (KYC) norms (as detailed herein below).

Know Your Customer (KYC) Documents includes:

a) PAN Card – MANDATORY

b) Address proof (Electricity bill or Phone Bill or Ration card)

c) Identity proof

d) Business Proof

e) GST Registered Dealer has to share GSTIN/ Unique Id of registered recipient.

Within forty eight (48) hours of validation of KYC documents, SAMIL team shall activate the Registered User's account created by the User himself/herself by registering on this Site after completing the On-line Registration process, accepting the terms of Use and providing the KYC documents to SAMIL. SAMIL shall upon such activation of the Registered User account intimate the Registered User, accordingly.

Notwithstanding the above, SAMIL reserves the right to introduce newer type(s) of fee, charges or other consideration, cancel, modify, increase, decrease or withdraw the fees levied, at any point of time and without any prior notice or assigning any reason thereof. Thereafter, each Registered User will be able to log-in and access their own account by feeding in the user alias ("User ID") and password ("Password").

Our Disposal Facilitation Services are available only to those individuals /companies / entities that can form legally binding contracts under the applicable law. Also, the User(s) must not be minor as per Indian Law, i.e. user(s) must be of sound mind and at least 18 years of age to be eligible to use the services provided herein.

Notwithstanding the above, SAMIL may refuse registration and deny the issuance of an account and/or email account and associated User ID and Password to any User for whatever reason and without stating any reasons thereof.

The Registered User, an Individual/a business entity / corporation/ legal entity as the case may be, hereby represents that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to SAMIL during the registration process is true, accurate, current and complete.

For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

By becoming a Registered User, you consent to the inclusion of your personal data in SAMIL's Database. Each Registered User is required to access his/her account at least once in every sixty (60) days, failing which, SAMIL may, in its sole discretion, disable the user account .

A Registered User may not sell, attempt to sell, Offer to sell, give, assign or otherwise transfer an account, User ID or Password to a third party. In addition, you are entirely responsible for maintaining the confidentiality of your account, User ID and / or Password. SAMIL may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, Offer to sell, gift, assignment or transfer in violation of this section and block access to all users from that IP address, immediately without notice. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SAMIL immediately of any unauthorized use of your account or any other breach of security. SAMIL will not be liable for any loss that you may incur as a result of unauthorized use of your password or account. However, you could be held liable for losses incurred by SAMIL or another party due to unauthorized use of your account or password.

Registration Fee:

• Non-refundable and non-transferable membership Fees to be paid by the bidder at the time of enrolment and annually on the same date.
• In the event of a default, deposit amount will be forfeited & reactivation fees + deposit will have to be paid by bidder.
• Deposit-Amount to be paid by the Auction Buyers at the time of enrolment for guaranteed fulfillment of transactions. Deposit amount will be variable.

* GST Registered Dealer has to share its GSTIN/ Unique Id of registered recipient.

Representations and Warranties

Each User hereby represents, warrants and agrees to

(a) Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to SAMIL to display and use all information provided such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information.

(b) Post content or items in an appropriate category or areas on the Site;

(c) Make payment for Vehicles/Assets purchased by User or

(d) Deliver Vehicles/Assets purchased from the User.

(e) Provide necessary information/data to SAMIL for uploading the data, details, images, video files of Vehicles.

(f) The user acknowledges and warrants not to modify, or incur any amount on the vehicle until the owner ship of the vehicle gets transferred. Any claim Pertaining to alteration/modification of the vehicle is solely on user’s risk & cost.

While using the Site, each User represents warrants and agrees not to:

(a) Use the Site, if it is not able to form legally binding contracts or any link is temporarily or indefinitely suspended from SAMIL's Site.

(b) Manipulate the price of any item or interfere with any other User's listings.

(c) Take any action that may undermine the feedback or ratings systems.

(d) Transfer your account (including feedback) and User ID to another party without our consent.

(e) Distribute viruses or any other technologies that may harm SAMIL or the interests or property of SAMIL users.

(f) Copy, modify, or distribute content from the Site and SAMIL copyrights and trademarks or

(g) Harvest or otherwise collect information about users, including email addresses, without their consent.

Each User agrees to pay a refundable security deposit (RSD) based on the Credit Limit Slab as provided hereunder before submitting the bid amount:

A separate slab is being created for insurance reclaim which is as under:

Premium Buyers: Top buyer of 2w, 4w & CV will get benefits in the respective category as per the below mentioned slab and will be evaluated every month category-wise on below parameters:

- Timely payment as per the norms, 

- Timely Payment receipt updation in the site, 

- Top buyer will be evaluated on the basis of their performance in the Events i.e., No. of vehicles picked up against No. of vehicles Won till last month. 

Note: For claiming Refundable Security Deposit (RSD) amount User has to send formal request through his/her ID.

Note: If the payment receipt number is not updated in the system then it will not be included in the buyer assessment process.

Each User represents, warrants and agrees that any Offer made by him/her/it on a Vehicle/Assets listed on the Site is legally binding; and if the User does not fulfill the transaction by paying in full for the Disposal Facilitation Service through the Site he/she/it may be prohibited from participating in future use of the Site and face legal proceedings for any financial loss caused to SAMIL or the Seller of the Vehicle. In addition, under such circumstances, in such case of non-payments of the buyer, SAMIL shall be entitled to forfeit any amount given to SAMIL in way of Refundable Security Deposit (RSD), Security deposit or any bank guarantee, etc. (if any).

Bidder Fee:

a) Buyer Fee applicable on Exclusive & Insurance inventory only as per below slab;

Vehicle	Fees (In Rupees; exclusive of GST)
2W less than Rs. 50000/-	Rs. 2,000/- or 2.5 % whichever is higher
Other assets	Rs. 3,000/- or 2.5 % whichever is higher

or rate as agreed as per the Proxy bid given for the service availed, plus GST/ applicable Taxes as service charges to the SAMIL and same is not negotiable and is payable on all acquire.

b) For Non- Exclusive inventory “No Buyer Fee” applicable.

* GST Rates as per SAC Code shall be applicable on the services provided by SAMIL/Service Provider.

* Input Tax credit & Reverse Charge Mechanism (RCM) applicable as per GST.

Each User acknowledges that the terms and conditions under this Agreement is applicable to the Negotiated Sale/ Bulk Bargain facility availed by the User for the purchase of large scale of assets by availing Disposal Facilitation Services.

Each User agrees to verify the details as given on the Site & check the actual condition of Vehicles/Assets before placing any Offer/proposal by inspecting the Vehicles/Assets at a location provided by the Owner / Seller.

Each User acknowledges that the User may be required to comply with a separate terms and conditions with respect to Auto Bid and Proxy Bid facility availed by the User upon payment of a refundable security deposit. The User agrees that SAMIL shall not be liable to the User or any third Party for any action or omission pursuant to the authorization given to SAMIL to place the Auto Bid and Proxy Bid. The User agree to indemnify and hold harmless SAMIL and its authorized personnel from and against any and all claims, losses and damages which SAMIL may incur by the Auto Bid and Proxy Bid services.

Each User agrees that if he/she is the Winning Bidder in any competitive Event, he/she shall fulfill his/her purchase commitment by paying for the Vehicle and taking Delivery within 48 hours from the end of the Service Period or else the transaction shall be considered Un-Paid. [A transaction is considered as an Un-Paid Item (UPI) when / as long as, it remains unfulfilled due to Winning Bidder's denial to make the payment to the Seller towards the product won and/or non-provisioning of the status of the transaction to SAMIL within 48 hrs from the end of the Event / listing end date]. SAMIL shall not be held liable by the User and Seller for the Un-paid transaction.

Each User acknowledges that SAMIL shall have the absolute right to limit the Variable Bids by limiting the number of bids available to the User. The User acknowledges that the bid placed after exceeding the Variable Bids prescribed by SAMIL shall not be deemed to be the valid Offer.

Each user shall report to SAMIL the status of the payment made by him to the owner / seller after being declared as "winning bidder". Any failure to do so, will entitle SAMIL to take an appropriate action against the said winning bidder. His registration can be cancelled and refundable security deposit (RSD) & any additional amount paid can be forfeited as per below slab.

Vehicle Category	Service Fee exclusive of GST/applicable taxes
Bikes & Scooters	min ₹ 2000/- per bike
Three Wheelers	min ₹ 3000/- per vehicle
Cars & SUVs	₹ 20000/- or 10% whichever is higher
Trucks	₹ 20000 or 10% whichever is higher
Construction Equipment	₹ 20000/- or 10% whichever is higher
Farm Equipment	₹ 20000/- or 10% whichever is higher

Additionally, on SAMIL discretion the User ID may be blacklisted for a minimum period of 6 months.

Each User agrees that the final decision for Disposal & Delivery of any such Vehicle/Asset is at the sole discretion of the Owner / Seller.

Each User hereby represents, warrants and agrees that information submitted by it for display on the Site shall not: (a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; (b) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; (c) relate to sale of Vehicles that infringe or otherwise abet or encourage the infringement or violation of third party rights, or our policies such as the Prohibited and Restricted Items policies; (d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; (f) solicit business from any Users in connection with a commercial activity that competes with SAMIL; (g) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; (h) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or (i) otherwise create any liability on SAMIL or its affiliates.

Termination /Suspension/Deactivation of Account

If SAMIL reasonably believes that an account and Password is being used / misused in any manner as clarified below, it reserves the absolute right to suspend, or terminate the service to the User and shall prohibit access to our Site, remove hosted content, and take technical and legal steps to keep such users off the Site.

In connection with the violation pertaining to the foregoing or violation of any user terms provided herein, SAMIL may, at its sole discretion refuse service, restrict, suspend, terminate your account; refuse, move or remove for any reason: a.) any material/information submitted/available on the Site; b.) Deactivate or delete your accounts and all related information and files in your account; c.) any material displayed on the Site which it reasonably believes is unlawful, or that could subject SAMIL to liability, or violates this Agreement; d.) cancel orders (offer/proposal on items entered by You) in its sole discretion with or without cause, and with or without any notice.

SAMIL reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the SAMIL's Site; Refuse, move or remove for any reason any Vehicles for which you submit an Offer on or through the Site; Deactivate or delete your accounts and all related information and files in your account; and, remove or edit contents or cancel orders (entered by you) in its sole discretion and/or (II) with or without cause and / or (III) with or without any prior notice - (A) for any violation of the Terms of Use and/or (B) due to Winning Bidder’s (i) refusal to make payments for the winning product(s) due to ANY reason, whatsoever; (ii) inability to be contacted by SAMIL; (iii) non-provisioning of the payment details to SAMIL, as per stipulated terms and conditions of SAMIL (iv) in SAMIL's determination, there is any breach of the provisions of this Agreement by the Registered User; or (v) SAMIL has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or is incomplete, or (vi) SAMIL believes that the Registered User's actions may cause financial loss or legal liability to SAMIL or its affiliates, directors, employees, etc. (vii) for such other reasons as SAMIL may deem fit.

Upon such termination or suspension or deactivation etc, your right to use the SAMIL's Site will immediately cease. You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account. Notwithstanding the above, SAMIL may Reactivate the deactivated account / Reinstate the suspended / deactivated account, upon (i) User providing the required data and documents as sought by SAMIL.

Within 48 Hours, SAMIL will activate the User's account and intimate the User, accordingly. In addition, SAMIL reserves the right to introduce newer type(s) of fee, charges or other consideration, cancel, modify, increase, decrease or withdraw the Reactivation/Reinstatement Fees levied, at any point of time and without your prior consent.

User Information

SAMIL reserves the right to cooperate fully with governmental authorities, private investigators and/or third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity. Furthermore, SAMIL may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and SAMIL shall not be liable for damages or results thereof and User agrees not to bring any action or claim against SAMIL for such disclosure.

The User hereby agrees that SAMIL shall have no liability to User, including no liability for consequential or any other damages, in the event SAMIL takes any of the actions mentioned in the above clause, and that the User agrees to bear the risk that SAMIL may take such actions.

Transactions between Registered Users and Sellers

SAMIL only provides an electronic web-based platform for exchanging information between buyers/Registered Users and sellers for Disposal of Vehicles/Assets. SAMIL does not represent the Seller or the Registered User in specific transactions. You agree that SAMIL does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the Vehicles/Assets offered for Sale on the Site or the ability of the Sellers to complete a sale or the ability of buyers to complete a purchase. SAMIL does not transfer and is not capable of transferring legal ownership of the Vehicles from the Seller to the buyer. The Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. SAMIL uses several techniques to verify the accuracy of the information. However, user verification on the Internet is difficult, and SAMIL cannot and does not confirm each User's purported identity. SAMIL encourage you to use the various tools available on the Site and all reasonable measures to evaluate the persons you are dealing with.

Each User acknowledges and assumes the risks of transactions when using the Site, and fully understands the risks of liability or harm of any kind in connection with Vehicles / Assets that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of Vehicles/Assets, failure to meet specifications, defective Vehicles, unlawful Vehicles, delay or default in Delivery of Vehicles/Assets or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the User may incur as costs of defense or other costs in connection with third parties' assertion of third party rights.

Each User agrees that SAMIL shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any transaction risks. SAMIL shall not be held liable to any person for providing Disposal Facilitation Services with respect to the salvage vehicles and each User acknowledges that the User shall be responsible for the purchase of salvage vehicle and to inspect the extent and cause of damages of the salvage vehicles.

The Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, insurance, fees, Taxes, title, fines, permits, handling, transportation, etc.

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify SAMIL (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. SAMIL shall: (a) Prepare & send event completion reports with winner details (Mobile no's, Names, & if required Addresses) to the Sellers to accept payments from respective winners & details of first two runners up. (b) Manage the registration and participation. (c) Send notifications through SMS &/or emails related to Events, offer/ proposal, payments etc. (d) Activate & deactivate (barring users to even access the website) of user accounts due to various reasons e.g. non-fulfillment, default in payments, deliberate misuse etc.

Payments for all Vehicles / items are to be made at SHRIRAM BRANCHES or at respective Seller’s location as per the TERMS & CONDITIONS pertaining to respective Event.

Non-payment or Failure to Collect Vehicles

If the Winning Bidder does not collect the Vehicles, in terms of this Agreement, SAMIL shall may at its absolute discretion:- (a) charge 5% (Five Percent) of the purchase price or pro rata thereof as demurrage charges per month; (b) proceed against the Winning Bidder for damages for breach of contract; (c) resell the Vehicles or cause it to be resold through another Sale or otherwise and the defaulting Winning Bidder shall pay to SAMIL any resulting deficiency in the purchase price (after deduction of any part payment and addition of resale costs and charges) and any surplus shall belong to SAMIL. (d) reject or ignore any offer/ proposals made by or on behalf of the defaulting Winning Bidder at any future transactions or obtain a deposit from the Winning Bidder before accepting any offer/ proposals in future; and (e) be entitled to forfeit any amount paid by said Winning Bidder to SAMIL as a deposit to participate in Event in form of Refundable Security Deposit (RSD), Bank Guarantee, others etc.

Reserve Price Event (Terms & Conditions)

This Offer is subject to Reserve Price obligations

"Reserve price" shall mean the Minimum Price quoted for the Vehicles/Assets. It is the minimum Starting Price for a Vehicle as decided by the Seller.

Terms

Information on the Reserve Price is usually not made available to the prospective buyer and is mostly hidden. It is visible to a prospective buyer only when the Reserve Price has been met or where the seller is willing to disclose the reserve price. The Message "Reserve not met" is displayed against each Item/listing of the Vehicle till the Reserve Price is finally met.

Any final Bid Price or Offer/proposals submitted by prospective buyer, which fails to equal or exceed the Reserve Price, will not be considered sufficient to complete the competitive transaction. Thus, even if you are the highest proposer at the time of close of event, you do not, by implication, become the Winning Bidder unless the Reserve Price has been met.

Once the Reserve Price has been met, the Vehicle/Assets will be sold to the highest bidder when the competitive sale closes.

In order to win Asset/s :

i) A prospective buyer must meet or exceed the Reserve Price and

ii) Have the highest Offer/proposal.

However, the seller solely reserves the right to approve any Offer/proposals below the Reserve Price at its own discretion. All Offer/proposal (even if it is below Reserve Price) placed by the bidder will remain valid for a period of 72 hours (3 WORKING DAYS) even after closing of the Service Period. Seller can approve the Offer/proposal below the Reserve Price within this period of 72 Hours (3 WORKING DAYS) after the closing of Service Period (when All Vehicles of the Event are closed). In such cases, an approved Offer/proposal (though lower than the Reserve Price) by the Seller is considered as Sale and the said bidder (who's Offer/proposal is so approved by the Seller) shall be liable to make the payment for the item/Vehicle towards the purchase of the same, at the price of approved Offer/ proposal. In case the Offer/proposal is approved beyond the above- mentioned specified time, the Winning Bidder shall not be obligated to make the payment towards the purchase of the item/Vehicle.

Privacy Policy

SAMIL's Privacy Policy governs the protection and use of each User's information in SAMIL's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that SAMIL may change the Privacy Policy from time to time provided that SAMIL shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is displayed on the Site at the time of such use.

Limitation of Liability

The features and services on the Site are provided on an "AS IS" and "AS AVAILABLE" basis, and SAMIL hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose and all such warranties, representations, conditions, undertakings and terms are hereby excluded.

SAMIL makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Site.

SAMIL does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of Vehicles offered or displayed on the Site does not violate any third party rights; and SAMIL makes no representations or warranties of any kind concerning any Vehicles offered or displayed on the Site.

Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.

No advice or information, whether oral or written, obtained by any User from or through or from the Site shall create any warranty not expressly stated herein.

Under no circumstances shall SAMIL be held liable for any delay or failure or disruption of the content or services (including email & SMS notifications related to Disposal Facilitation Services) delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Indemnification

Each User hereby agrees to indemnify and save SAMIL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such i) User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement ii) User's breach of any representations and warranties made by User to SAMIL iii) for any third party claims SAMIL shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: a.) the use or the inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise) for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site; b.) any defect in goods, samples, data, information, Vehicles or services purchased or obtained from a User or a third-party service provider through the Site; c.) violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, Sale and/or use of Vehicles offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; d.) Unauthorized access by third parties to data or private information of any User; e) Statements or conduct of any User of the Site; or f.) the quality of Vehicles, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; g.) Authenticity, availability, suitability, reliability, accuracy of the information, software, Vehicles, services, etc; h) damage/loss caused to the buyers due to wrong details provided by the Seller. i.) Refusal of Seller to release the Vehicle. j) Handing over of documents or return of Vehicle by buyer & all such disputes are to be settled by the buyer & seller themselves.

Disclaimer of Warranties and Liability

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such persons and are not subscribed to by this Site.

Data Protection

SAMIL may send information and offer products and services to you from time to time. Notwithstanding the foregoing, we reserve the right to disclose any information in response to / that it is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to SAMIL. Further, we may (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to law enforcing agencies in our sole discretion or incase appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Notices

All notices or demands to shall be effective if in writing and shall be duly made when sent to SAMIL in the following manner:

To,
The Manager Online Business
Shriram Automall India Ltd,
Unit No. 701-711, 7th Floor,
Best Business Park, Plot No. P-2,
Netaji Subhash Place, Pitampura, New Delhi – 110034

Attn: Business Head / Manager, SAMIL (Online Business)

All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to SAMIL, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) SAMIL is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon SAMIL's posting such notice on an area of the Site that is publicly accessible without charge.

General

Subject to any additional agreements, this Agreement and the Privacy Policy constitute the entire agreement between the User and SAMIL with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

SAMIL and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

If any provision herein is held to be invalid or unenforceable, such provision shall be struck down and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. SAMIL's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives SAMIL's right to act with respect with subsequent or similar breaches.

SAMIL shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to the services to any person or entity.

Rights and obligations under the Agreement which by their nature should survive will remain in full effect after termination or expiration of this Agreement.

This Agreement shall be governed by the laws of India without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Delhi.

You and SAMIL agree that any cause of action arising out of or related to the SAMIL's web sites, only, must commence within Six Months from the cause of action otherwise, such cause of action will be permanently barred.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of https://bids.samil.in (website).

SAMIL EVENT TERMS AND CONDITIONS

BIDDER REPRESENTATIONS, OBLIGATION, RESPONSIBILITIES AND WARRANTIES

The Bidder represents and warrants to the Service Provider that:-

1. Bidder shall pay a nominal fee of Rs. 100/- (Rupees One Hundred) plus Goods and Service Tax (GST) towards Event Participation Fee.
2. Every item offered for disposal is/are offered or sold on “AS IS WHERE IS CONDITION” with no guarantee or warranty on the part of SAMIL/Owner/Seller.
3. Bidder hereby represent that he/she has verified the documents and inspected the vehicle/equipment/assets before bidding.
4. Bidder/buyer shall deposit the entire Sale amount within (7) seven working days from the date of declaration of the successful bidder by the seller/owner.
5. Successful Bidder shall solely be responsible for taking Delivery/Removal of all the vehicles/equipment/asset from Automall after full payment is made to the Owner/Supplier and Facilitation Fee exclusive of GST to SAMIL. RTA charges & other tax liability pertaining to transaction is successful bidder obligation.
6. Successful Bidder hereby assured that he/she will get the ownership transferred within 30 working days from date of event & will furnish such transfer copy to Seller & SAMIL.
7. All acquired vehicle/equipment must be removed within maximum seven (7) calendar days from the date of disposal event, else storage/parking fee as per the applicable rate @Rs. 500/- (Rupees Five hundred) exclusive of GST/applicable taxes per vehicle/equipment per day will be applicable.
8. In the event Bidder fails to remove the Vehicle/equipment within maximum of 30 (Thirty) calendar days from the date of disposal event, Bidder authorizes Service Provider/Seller to dispose of the Vehicle/equipment parked in the yard to realize its parking charges and deposit the rest of the balance amount in the bank account (as provided) of the Bidder.
9. The Owner/Supplier shall furnish all original or available documents, including but not limited to RC, insurance, and transfer forms, within 30 days upon receiving full payment.
10. Any default in payment and removal of asset within the stipulated time frame shall result in forfeiture of RSD and other paid amount, and cancelation of deal and assets/equipments were resold without giving any notice.
11. The Bidder undertakes and warrants SAMIL that he/she will not buy the Assets via any other channel/directly through Owner/Supplier of sale, as long as the display for a particular Asset is live in the channel authorized by the Supplier/Owner to SAMIL.
12. Upon being confirmed as the successful bidder by the Owner/Supplier, the bidder shall be beneficial owner of the Assets until the full payment of the consideration and facilitation fee, excluding GST. During this period, the bidder agrees to indemnify the Service Provider/Supplier/Owner against any claims or transfer title. Furthermore, the bidder is accountable for any taxes related to the services provided under this Agreement, as well as any charges, duties, penalties, or legal obligations that may arise post-possession of the vehicle/asset, regardless of their nature or origin.
13. The Bidder acknowledges that while executing the activities outlined in this Service Agreement, they may receive confidential information and trade secrets ("Confidential Information") from SAMIL. Throughout the duration of this Agreement and beyond, the Bidder and their employees are obliged to treat SAMIL's Confidential Information with the same degree of care they afford to their own confidential data. They are prohibited from sharing, disclosing, selling, publishing, or making SAMIL's Confidential Information available to any third party without prior written consent from SAMIL.
14. Under Finance Act 2016, New Provision “Tax Collection at Source (TCS) single invoice above Rs. Two Lakh and below Rs. Ten Lakh attract 1% of the cash transition as income tax and for all vehicle sold above Rs. Ten (10) Lac will attract 1% of the sale consideration as income tax, therefore seller has to collect the Tax from buyer and has to remit the same into Income Tax. Buyer has to remit additionally over and above sale consideration to the seller towards Income Tax. (For applicability Pls. refer latest terms and conditions of TCS new provision under Finance Act 2016).
15. Conditions together with those set out in the details available in the catalogue and in the Service Agreement are the terms and conditions subject to which Shriram Automall India Ltd., (“the Service Provider”) will facilitate disposal and acquisition of vehicles / asset by the Owner / Seller and the successful bidder (“the Bidder”).
16. To register for an event, the bidder is required to submit a minimum refundable security deposit (RSD) of Rs. 19,999/- (Rupees Nineteen Thousand Nine Hundred Ninety-Nine) plus GST to SAMIL. This deposit entitles the bidder to bid up to 10 times the RSD amount. The bidder has the option to increase their bidding limit by depositing additional RSD at any point during the bidding process.
17. To register for the event as a Corporate Bidder, the bidder may either deposit a centralized RSD of Rs. 5,00,000/- (Rupees Five Lac) plus GST or provide a letter from the “Respective Corporate” guaranteeing payment within 7 days of the event. Additionally, the Company needs to share the details of authorized officer(s)/person(s) either via email or in writing with SAMIL beforehand for registration purposes.
18. Bidder/Authorized official must carry his/her Authorization letter, KYC, i.e., copy of PAN Card (mandatory), Address Proof document i.e., Passport or Driving License or Voter's ID or Aadhaar Card as entry to the event. Entry is strictly reserved for registered bidder(s) only.
19. For registration the bidder must present personally with copy of PAN Card (mandatory) and Address Proof document i.e., Passport or Driving License or Voter's ID or Adhaar Card. Entry to the event is strictly restricted to the registered bidder only.
20. In case a registered bidder does not buy vehicle or equipment, the refund of RSD will be processed immediately after the closure of the bidding process.
21. Any excess cash received beyond Rs.19,999/- towards RSD will be refunded to unsuccessful bidder via cheque or DD or NEFT transfer within 3 working days at any given branch location subject to submission of Bank particulars by the customer.
22. For NEFT transfer the following details are required : IFSC code Account No., Bank Name, Bank Branch Name, Bank Branch Code, Beneficiary Name (Bidders Name must be same as per ID proof given) and the ID Address proof is provided during registration. The bidder’s name in the Bank should also match the provided ID.
23. RSD will be only refunded to successful bidder after realization and confirmation of the entire sale proceeds by the Seller and after clearing the due payment of Service Provider (SAMIL) applicable facilitation fees/fee/tax which is not adjustable against RSD amount.
24. The Service Provider reserves the right, at its discretion or upon the instruction of the Owner / Seller, to alter or withdraw any or all lots referred in the event catalogue until the hammer falls (Final Successful Bidder is declared) in relation to such lot(s). Lots may be withdrawn if the highest bid price fails to meet the reserved price, or if two or more consecutive lots are similar in quantity and description, the bidder may be offered a choice on any subsequent lots to bid at the same price or bid for any lot or lots offered for sale at the Event.
25. Successful Bidder should be responsible for the payment of the Sale consideration, together with all statutory sale or other taxes due on all acquisitions made using the Bidder Number irrespective of possession. Failure to comply with legal obligations/ event terms and conditions may result in the bidder being held responsible for payment of any penalty or interest.
26. Each vehicle/ equipment offered in bidding shall be sold to the highest Bidder. In the event of any dispute between bidders, the Service Provider will resolve them at its discretion. The Service Provider may, without ascribing any reason thereof, refuse to accept any bid as per the Owner’s /Seller’s instructions or bid for the asset on behalf of any third party. Insurance of the asset shall be successful bidder’s obligation.
27. The successful bidder will pay facilitation fees to SAMIL as stipulated in the Catalogue, which shall not be negotiable and applicable to all the bidders. Similarly, the Service Provider, while rendering the services to the Seller / Owner, may receive facilitation fee from the Seller / Owner.
28. All goods are sold as per the specifications shown in the catalogues. The Service Provider ensures that the descriptions of each vehicle/equipment match the specifications in the catalogue. The bidders rely upon such description to bid for the vehicle/equipment in “as is where is condition” at their own risk. Bidders should satisfy themselves prior to the sale/bid as to the condition of the vehicle/equipment and should exercise and rely on their judgment as to whether the vehicle/equipment accords/corresponds with its description. The vehicle/equipment sold in this event is used unless specifically mentioned as un-used. Subject to the conditions of sale, the bidder can neither hold Service Provider nor its executives responsible/liable for errors of description or for the genuineness or authority of any vehicle/equipment and no warranty whatsoever is given by Service Provider to the bidder in respect of any vehicle/equipment and any expressed or implied conditions or warranties are hereby excluded.
29. Service Provider hereby excludes liability either jointly or severally, for any accident or injury, howsoever arising or sustained by any person or persons who may be present at the premises during the event, inspection, bid, collection or any other activity related to the said event.
30. The successful bidder shall pay a documentation service fee of Rs. 2,000/-(Rupees Two Thousand) exclusive of GST/ applicable Tax, if availed, and shall also reimburse the actual expenses, towards processing of documents with Regional Transport Authority (RTA) etc.
31. The successful bidder, if availed refurbishment services, shall pay a sum of Rs. 2000/-(Rupees Two Thousand) exclusive of GST/ applicable tax, etc., in connection with said refurbishment services i.e., cleaning, washing, tyer inflation/puncher minor repairs, labor charges etc., of the vehicles by Service Provider with prior approval of the bidder.
32. Successful Bidder hereby acknowledges that he/she is barred to file any suit/claim/case/dispute based on year of manufacturer, description of the asset, missing of any part, documentation, inability to pay, wrong chassis description, vehicle details etc.
33. Delivery of Vehicle/ assets acquired by the successful bidder (which shall be at the sole expense of the successful bidder) will not be permitted after normal business hours and request by the successful bidder is to be made within reasonable business hours followed by payment in full of the facilitation fees and other dues due to the Service Provider. “Reasonable Business hours” will depend on the nature and circumstances of each case. Without prejudice to the generality of the foregoing, any suspension or failure of material services resulting from civil commotion, strike or other industrial action or other impediment etc., impairing the normal delivery, is outside the control of the SAMIL.
34. All vehicles/ equipment will be cleared by the successful bidder from the premises at which they are sold, not later than the time period as specified in the Catalogue and this condition shall be the essence of the contract.
35. After declared as successful bidder the Assets shall remain at the sole risk of bidder and shall be responsible for any loss or damage to the Assets & equipment until the earliest of the removal of the Assets from the event site by the successful bidder or upon receipt by Supplier /Owner.
36. Successful Bidder acknowledges that SAMIL has taken yards on lease and upon lease termination, expiry etc., he shall have to bear (their) vehicle shifting charges to a new yard.
37. Any dispute or differences which may arise between the Parties hereto as to the meaning, construction, or effect of any of the terms and provisions of this Agreement or as to the rights or claims of either Party under this Agreement shall be referred to sole Arbitrator appointed by SAMIL. The Arbitration proceedings shall take place at Delhi and will be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory amendment thereto or any re- enactment thereof for the time being in force. Any Order, Direction, Award of the above Arbitrator shall be final and binding on both the Parties. The language of Arbitration shall be English.
38. This Contract shall be governed by the laws of India and any disputes arising in connection herewith shall be adjudicated by a court in Delhi, (India).
39. I/We declare that I/we am/are the Successful Bidder of the Assets & equipment, hereof and as such have knowledge of the matters set out in this Agreement and that the representations and warranties to follow terms & conditions of the service provider.
40. All rights and defences available to the Service Providers hereunder shall extend to the Owner/Seller. It is hereby informed to all Bidder’s and participants that, videos and photographs of the events shall be used for our promotional, marketing, publicity, record keeping and other such related purposes. The Successful Bidders hereby agrees that the decision of Seller/ Owner is final with respect to the transaction.
41. All SAMIL brochures /catalogues are only an invitation and not an offer to sell. The offer to sell occurs at the time of the event.
42. All photographs in brochures, catalogues or in display are for illustration purpose only. Bidder should physically inspect the vehicle/equipment and the documents to their satisfaction before bidding.
43. All Registered Users hereby authorize SAMIL to update all event related information by SMS, Phone Call, Email etc.
44. Pls. refer catalogue for other/detailed terms and conditions.