TERMS AND CONDITIONS
  1. Introduction Of Service:
    This auction on the internet is offered to USER are subject to the following General Terms & Conditions , which may be updated in the portal by us from time to time without any notice to USER. In addition, when using particular service of NERAMAC then the user shall be subject to follow Rules of NERAMAC as well as regulatory body of particular service or board time to time. All such Guidelines or Rules are hereby incorporated by reference into the T&C.
  2. The users should be 18 years. Users are responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider or airtime charges).
  3. Obligation Of Registration:
    In consideration of use of the Service, the user are agree to: (a) provide true, accurate, current and complete information about himself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If USER provide any information that is untrue, inaccurate, not current or incomplete, or corporation has apparent / reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, corporation has the right to suspend or terminate the said account and refuse any and all current or future use of the Service (or any portion thereof). NERAMAC is concerned about the safety and privacy of all its users.
  4. Private Policy:
    All information provided to NERAMAC by the users are subjected to private policy of this corporation. Read the following to more about our private policy.
    1. Policy Cover:
      This Privacy Policy covers NERAMAC's treatment of personally identifiable information that NERAMAC collects when users are on the web portal and when use NERAMAC's services.
    2. This policy does not apply to the practices of companies that NERAMAC does not own or control or to people that NERAMAC does not employ or manage.
    3. Collection Of Information And Its Use:
      1. NERAMAC acquire only the specific identical information during the time of registration for an user account with us for e-auction purpose at web page.
      2. At the time of registration, server may ask for company name, contact name, address, name, email address, Pin/zip code, etc. Once user register himself with NERAMAC and sign in to auction services, user are not anonymous to this corporation.
      3. The information and data’s of users will be used only for the purpose of e-auction and its process up to finalization if any and official correspondence to make party aware of any internal official procedure.
    4. Information Sharing And Discloser:
      1. NERAMAC will not share or sell or rent the user’s identification or contacts etc to any third-party users or anyone.
      2. We share the relevance information to the statutory Govt agency’s only where it is required and any discloser policy arise during inspection /audit of other Govt officials.
      3. In this above line we have users consent to share the information.
      4. NERAMAC need to share information to provide the product or service registered or unregistered or about to registers users requested.
      5. Sometime NERAMAC may need to send the information to companies who work on behalf of NERAMAC to provide a product or service to USER. (Unless we tell users differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.).
      6. On the monitories process of administrator NERAMAC may find users action on server and web information system if violation done for any kind of service and product uses from our side then it may be viewed seriously and legal action may be pursued.
      7. NERAMAC will respond to subpoenas, court samon, legal process or instruments etc.
    5. Availability to edit of users information:
      1. Users can modify or edit the all mandatory fields subjected to availability to edit under users account any time during the validation of registration periods or block year.
    6. Security:
      1. User’s information on users account is password protected for users privacy and security.
    7. Change or New Version of Private Policy:
      1. NERAMAC may amend the private policy time to time. If any substantial changes done then this corporation will notify the information to the registered users by prominent posting or announcement on our corporate site.
    8. Feedback and grievance:
      1. Feedback form or concerned officials mail id will be available on the site and grievance or complaint may posted in the particular mail id for solve the things on early.
  5. Users Account, Password And Security: Users will received a password and accounts designation after completing the registration process and a link will be forwarded to the registered mail id of user. User is responsible for maintaining the confidentially of password or account. After registration users are agree to (a) immediately notify NERAMAC of any unauthorized use of USER password or account or any other breach of security, and (b) ensure that USER exit from USER account at the end of each session. NERAMAC cannot and will not be liable for any loss or damage arising from USER failure to comply with this Clause.
  6. Code Of Conduct Of User: Understanding all the information including data, text, software, photographs, graphics, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
    Users agree to not use the service to:
    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a NERAMAC official, forum leader, guide or host, or falsely state or otherwise misrepresent USER affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. upload, post, email, transmit or otherwise make available any Content that USER do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in auction related areas that are designated for such purpose;
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    Users understand that the technical processing and transmission of the Service, including use Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    Acknowledge and agree that NERAMAC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the general terms and condition; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NERAMAC, its users and the public.

    Acknowledge that NERAMAC does not pre-screen Content, but that NERAMAC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, NERAMAC and its designees shall have the right to remove any Content that violates the general terms and condition or is otherwise objectionable. Users are agree that USER must evaluate, and bear all risks associated with, the use of any Content, and in all other parts of the Service.

  7. Condition of goods and services:
    1. The auctioned goods are sold as and where they lie, on as is where is basis, the whole of the lot/lots shall be taken from the site of accumulation with all faults and errors in description. Otherwise the quantities, qualities, size or sizes, measurement, numbers and weights as stated in the auction floor and or in any delivery documents are only approximate and no guarantee or guarantees shall be implied.
    2. The auctioned goods are sold on the specific assumption that whether the bidders have inspected the lots or not the principle of CAVEAT-emptor will apply. No complaint will be entertained after sale and delivery of specific goods.
    3. Qualities of materials will be displayed in the web site and speciation of lots are approximates. Quantities made in the lot are also approximate up to 2 decimal value and NERAMAC holds out no warranty as regards the quantity and fitness of the goods for any particular purpose.
    4. The value paid in auction is for the approximate quantity. Buyer should lift the materials within the stipulated time. Proportionate value for the quantity falling short in a lot at the time of delivery or lift the materials will be refunded to the buyer if it is done with in time period after that NERAMAC will not entertain any kind claim regarding shortage etc.
    5. Any quantity found excess in a lot over the approximate quantity mentioned in the auction floor will have to be taken by the buyer after depositing the proportionate amount along with the final installment. In the event the materials are found in excess of the materials, specified in the sale order, the buyer will be allowed to deposit the balance amount within a reasonable time as may be determined by the seller in his sole and absolute discretion from the date of the incident of the removal as mentioned in the sale order, failing which, the buyer shall deposit such balance value with ground rent at the same rate mentioned elsewhere in the terms & conditions of the e-auction.
  8. Foreign Rules And Regulations:
    Recognizing the global nature of the Internet, user agrees to comply with all local Rules regarding online conduct and acceptable Content. Specifically, users agree to comply with all applicable laws regarding the transmission of technical data exported from INDIA or the country in which user reside.
  9. Service Inclusion:
    NERAMAC does not claim ownership of Content USER submit or make available for inclusion on the Service. However, with respect to Content USER submit or make available for inclusion on publicly accessible areas of the Service, USER grant NERAMAC the following world-wide, royalty free and non-exclusive license(s), as applicable:
    1. respect to Content submit or make available for inclusion on publicly accessible areas of NERAMAC, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific purpose to which such Content was submitted or made available. This license exists only for as long as USER elect to continue to include such Content on the Service and will terminate at the time USER remove or NERAMAC removes such Content from the Service.
    2. This above also applicable for photos, graphics, audio or video uploaded by administrator.
    3. Content other than photos, graphics, audio or video USER submit or make available for inclusion on publicly accessible areas of the Service other than NERAMAC, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
    Those are making available for general public only and may called as “publicly accessible”.
  10. Resale of service:
    Users not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
  11. Modification of service:
    NERAMAC reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the service or any part thereof with 10 days notice. NERAMAC will engage any third party for any medication, suspension or discontinuation of service provided after notify.
  12. Termination:
    NERAMAC in its sole discretion, may terminate USER password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if neramac believes that USER have violated or acted inconsistently with the letter or spirit of the T&C. NERAMAC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with prior notice of 15 days. USER agree that any termination of USER access to the Service under any provision of this T&C may be effected without prior notice, and acknowledge and agree that NERAMAC may immediately deactivate or delete USER account and all related information and files in USER account and/or bar any further access to such files or the Service. Further, USER agrees that NERAMAC shall not be liable to USER or any third-party for any termination of USER access to the Service.
  13. Links:
    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. NERAMAC has no control over such sites and resources, USER acknowledge and agree that NERAMAC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Further acknowledge and agree that NERAMAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
  14. Disclaimer of Warrants:
    1. Use of the service is at user sole risk. the service is provided on an "as is" and "as available" basis. NERAMAC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    2. No warranty that (i) the service will meet USER requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by USER through the service will meet USER expectations.
    3. No advice or information, whether oral or written, obtained by USER from NERAMAC or through or from the service shall create any warranty not expressly stated in the T&C.
    4. Time definition clarity & responsibility (i) time for all purposes in the conduct of the auction shall denote the time as registered in the NERAMAC e-auction system. The time as displayed by the system shall for all purposes be final and binding. (ii) all communication shall be deemed to have been complete as against the buyer as soon as they enter the respective party's system resources. for the purpose, the responsibility of maintaining the system's resources at the party's end shall be that of the party concerned.
  15. Limitation Of Liability: Expressly understand and agree that NERAMAC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NERAMAC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of USER transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
  16. Notice: Notices to registered users may be made via either email and web highlights. The Service may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to USER generally on the Service.
  17. Auto Cancellation Or Cancellation By Administrator Of Buyer Registration: In case any Buyer fails to make the payment towards Registration Fees to NERAMAC within 30 days from the date of his registration, then the registration is automatically cancelled. He can, however, re-register himself for the purpose of paying Registration Fees and activate his account for participation in the forthcoming auctions.
  18. Deactivation of User Accounts: If any account is deactivated for non-compliance of any Terms & Conditions of the E-auction, then the registration fees for that account will stand forfeited. In case the same party wants to re-register himself, he shall be required to pay a penalty to be decided by NERAMAC Management. However, the acceptance of such re-registration fees shall be at the sole & absolute discretion of NERAMAC.
  19. Black Listing: NERAMAC reserve the right to black list any bidder or buyer due to any kind of misconduct or act of omission or fraudulent or indulge or caused to be indulged by such person in the course of bidding processing the execution or performing on any e-auction. However, that the Seller and/or NERAMAC shall be obliged to allow an opportunity of being heard to such bidder/buyer before any order of black-listing/debarment could be passed. Any such order of black-listing/debarment that may be passed by the Seller and/or NERAMAC shall be without prejudice to other right of actions available to the Seller and/or NERAMAC against the bidder/buyer under the e-Auction Terms & conditions.
  20. General Information: The T&C constitute the entire agreement between USER and NERAMAC and govern use of the Service, superseding any prior agreements between PARTIES. USERS also may be subject to Special Terms and conditions that may apply when USER use affiliate services, third-party content. The T&C and the relationship between USER and NERAMAC shall be governed by INDIAN laws without regard to its conflict of law provisions. USER agree to submit to the personal and exclusive jurisdiction of the courts located within the city of GUWAHATI, ASSAM. The failure of NERAMAC to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. USER agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The auction shall be closed at the scheduled time as stipulated in each case unless it is extended by the process of auto-extension as explained in BUYER SPECIFIC TERMS & CONDITIONS.

    On expiry of the auto-extension period by the system, a message AUCTION IS CLOSED will be displayed which will be construed that the particular lot(s)/ auction is closed for bidding.

    Users registered himself and after creating the user Id, password and activation of accounts the person, company and individual firm are entered into the MoU with NERAMAC after accepting all the terms and condition.

    The clause titles in the T&C are for convenience only and have no legal or contractual effect.

SALLER / BUYER SPECIFIC TERMS AND CONDITION

User specific terms and condition are common for all and in addition to said terms and condition all users who became the buyer or seller shall be bound to follow the provisions and condition as the person, individual, corporation etc.

For participant farmers/Seller:
  1. Registration fees for farmers will be `1000/- (Rupees One Thousand) for one block period i.e. 2 (Two) years Starting from 1st September.
  2. At the time of deposit of materials at our godown farmers are required to mention their Minimum Expected Price (MEP) to achieve the bid rate and required to sign the declaration under following format:

    “I Shri……..resident of ……….grower of cardamom/ginger deposited the materials in NERAMAC’s Godown for its auction on Dt…….and for this materials my Minimum Exected Price (MEP) will be Rs…….. and if the meterials fetch the MEP then it may be sold.”

  3. If produces are sold through auction then farmers are paid the amount within 7 (Seven) working days after deducting 1% service charge.
For participant buyers:
  1. Registration: Registration fees will be `15,000/- for one block period i.e. 2 years. After enrollment /registration the participated dealer is activated by the concern officer.
  2. EMD Amount and Refund: To participate in the auction dealers have to deposit the EMD amount. The EMD will be 5% of market value or `2,00,000/- which ever is higher. EMD will be adjusted with the purchase value. EMD will be forfeited if the winner bidder not taken the delivery of goods within 7 (Seven) days or unable to pay the balance amount within mentioned time limit.
  3. Bidding Condition: If the dealers failed to acquire the materials after winning the bid then the 2nd highest bidder will eligible to acquire the materials. If any participant buyer unable to make any successful bids then the said EMD will be refunded after deducting the bank charges within 10 working days.
  4. Service Charge by NERAMAC: Participating successful bidder will be charged a nominal service charge of 2 % on the total invoice value excluding freight and taxes.
  5. Bidding and Buying: All bids on the Site are a firm commitment to purchase. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller. Bids may be increased in price or volume later but may not be withdrawn. Bids cannot be cancelled. All bids must be in Indian Rupees only.

    By bidding on an item you agree to be bound by the conditions of sale included in the item’s description (or linked to form the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. In case of consumer good, sellers on the Site may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.

    NERAMAC strongly advises you not to test the auction process with false bids, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or known invalid credit card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by NERAMAC.

    In the event of Dual Winners displayed online for a Single Auction, the bidder who has received by Winning Email will be rightful Winner, and beyond that there is not liability.

  6. Bidding Parameter:
    There is two parameters will be follows:
    1. Price: The higher price of bids always supersedes the lower price bids.
    2. Time: Between bids of the same price, the bid, which was placed prior in point of time shall supersede.

      NERAMAC’s decision on the successful bids shall be final and reserved in the server. It reserve the right to reject or void bids, whether winning or not that is deems not to have been made in good faith or that are restricted or prohibited.

  7. Force Majeure:
    NERAMAC/Owner 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, breakdown of machinery including technical failures, shortage of labour, 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 NERAMAC / Owner to extend the time of performance on the part of NERAMAC / Owner by such period as may be necessary to be necessary to enable NERAMAC/Owner to effect performance after the cause of delay will have cause exist. The provisions aforesaid shall not be limited or abrogated by any other terms of the contract whether printed or written.
  8. Mode of Payment in e-Auction:
    All type of payments is available in the site or portal of e-Auction by NERAMAC which may as follows:
    1. Demand Draft/Bankers Cheque.
    2. NEFT/RTGS
  9. Sale Of Lots Or Items On Subject To Approval Basis:
    Bids are subjected to approval of NERAMAC.
  10. Condition of Goods:
    1. The goods are sold as and where they lie, on as is wherein basis, the whole of the lot/lots shall be taken from the site of accumulation with all faults and errors in description. Otherwise the quantities, qualities, size or sizes, measurement, numbers and weights as stated in the auction floor and or in any delivery documents are only approximate and no guarantee or guarantees shall be implied. The goods are sold on the specific assumption that whether the bidders have inspected the lots or not the principle of Caveat-emptor will apply. No complaint will be entertained after sale.
    2. Quantities made in the lot are approximate and NERAMAC holds out no warranty as regards the quantity and fitness of the goods for any particular purpose. The value paid in auction for the approximate quantity. Proportionate value for the quantity falling short in a lot at the time of delivery within specific time will be refunded to the buyer if any. Any quantity found excess in a lot over the approximate quantity mentioned in the auction floor will have to be taken by the buyer after depositing the proportionate amount along with the final installment. In the event the materials are found in excess of the materials, specified in the sale order, the buyer will be allowed to deposit the balance amount within 14 days from the date of the incident of the removal as mentioned in the sale order, failing which, the buyer shall deposit such balance value with ground rent at the same rate mentioned in previous para per week or part thereof.
  11. Risk Factor:
    The goods shall be and remain in every respect at the risk of the buyer from the date of acceptance of his offer by the principal who shall have no liability whatsoever for the safe-custody or preservation thereof.
  12. Failure To Take Delivery After Payment:

    In the event of non-removal of sold material after expiry of time allowed in the relevant order and subsequent extension (s) thereof, if any, the principal/owner of the material shall have the right to order re-sale of the said material as also to forfeit relevant payments (as specified in T&C, SBSTC) paid by the defaulting buyer in respect thereof. The principal/owner of the stores may, however, in its discretion give the buyer further extension beyond the time stipulated for taking delivery of the materials in exceptional circumstances and/or relief against payment of further ground rent in part or in whole.

    The buyer shall be responsible for any damage that may be caused to the premises, equipments, machineries and/or any other installations of the plant/establishment of the principal/owner of the materials in taking away or removing the lot or lots purchased by him. The principal/owner of the materials may at their own option arrange themselves to make good such damages and the buyer shall have to bear the cost thereof on demand. The authority fully reserves the right to recover the cost of such damages from any sum due to the buyer.

    The principal/owner of the materials reserves the right to withdraw at any stage the sale of any item or quantity of material either by number or by weight even after issue of sale order/delivery order when the material are required for their internal use. The principal/owner will not be bound to assign any other reason or details thereof excepting internal use. Value of the materials so withdrawn, if any, and paid by the buyer will be refunded. The principal will however, not be responsible for any damage, loss direct or consequential compensation whatsoever to the buyer nor for payment of any interest.

  13. Miscellaneous :
    1. On principal NERAMAC reserves the right /option to produce any or all such documents off line i.e. by paper hard copy wherever such situation warrants, however, excepting the bidding process.
    2. The safe-custody of gate pass, challans, authorising delivery or any such hard copy documents will be the sole responsibility of the buyer once the same are made over to them. The principal or NERAMAC will not be liable for any delay or damage for mis-placement of any such hard copy document by the buyer.
    3. So long the workers, employees, agent or any representative of the buyer are required to work within the premises of the principal/owner of the material, the relevant Labour Laws & Rules, Factory Acts and Rules and any other statutory provision will be equally applicable as in the case of workers and employees of the principal. It will be in their own interest to know this provision before starting the job. It shall be responsibility of the buyer to see that the statutory provisions are complied with and they will be only and solely responsible in any manner for their employees, workers, agents, representatives employed for the job.
    4. NERAMAC also to follow the relevant rules of marketing like as Cardamom (licensing and Marketing ) Act, 1986,Sale of Goods Act and APMC Act etc. which is most relevant with the produces to be auctioned.