Terms & Conditions
Submission of Tenders :-
1.   All the tenders must be submitted online on our website in the prescribed forms only. The tender forms will be available till the tender closing time as specified against the Tender
2.   All Scrap are on “AS IS WHERE IS BASIS” and “NO COMPLAINT BASIS”.
3.   Demand Drafts towards Earnest Money must be deposited on the day of contract acceptance. Demand Drafts shall be drawn in favour of Tecumseh Products India private Limited, Ballabgarh.
4.   Offers submitted by Hand/ Fax/Telex/e-mail etc. will not be accepted.
5.   No interest is payable by Tecumseh Products India private Limited on Security Deposit.
6.   Copper Winding wire Scrap & Used waste Oil will be sold Only to the registered Recycle / Repressor with CPCB/HPCB
Validity:-
All tenderers shall keep their tenders open for acceptance for a period of 30 days from the date of opening.
Inspection:-
Please refer the Material inspection time and the contact person details against the corresponding Tender published on Website, www.tecumsehindia.com. The materials offered for sale may be inspected during the specified dates during official hours (9.00 AM TO 4.00 PM), preferably with a prior appointment with the concerned contact Persons.
Period of Contract:-
Refer to Start and end dates as specified in the corresponding Tender published in website (www.tecumsehindia.com). The contract deemed to be completed as soon as the area is cleared by the buyer of the entire material allotted to him and up to the period of contract.
Terms & Conditions:-
1.   Statement of works: Standard of workmanship
    Buyer will buy the scrap from our facility in Ballabgarh at rates mentioned in the contract.
    Buyer will use its best efforts to develop & provide the deliverables identified in the statement of work at the time indicated, buyer shall use its best skills & judgment & shall perform all scrap timely, diligently & to the reasonable satisfaction of Tecumseh in an efficient & economical manner consistent with the best interests of Tecumseh. BUYER shall not, in whole or in part, assign or subcontract any of the Scrap purchase to be performed hereunder without the Tecumseh written consent.
2.   Obligation of Buyer
    BUYER shall provide the buying diligently & in timely fashion & in conformity with the applicable laws & regulations without prejudice to the generality of the proceeding, buyer shall carry out the buying in under the supervision Tecumseh representative based on the actual quantities measured.
    Buyer will not be permitted to enter the office area/shop floor until unless accompanied by Tecumseh Employees.
3.   Statement of work:
    Buyer will be responsible for collection of scrap from the scrap yard & expected monthly off take is indicated at price indicated against each item. The quantity indicated for each Scrap material is approximate and the actual quantity available for sale may be less or more and Buyer will have to lift up the entire Scrap material arising out of the allotted material during the contract period to the last bit of it and scrap yard to be swept clean.
    Tecumseh reserve the right of withholding any kind or quantity of the rejected materials or short, close the contract for any reason whatsoever which we will not be obliged to disclose to buyer.
    Weighment is to be done at the weighbridge on the weighing scales provided in the factory premises. , In the presence of security person If these are not available or are out of order, it will be done at the nearest reliable weighbridge in the presence of representative of the company and the Buyer. Any malpractice committed by Buyer representative/nominee in connection with weighment or inclusion of unauthorized material in scrap lifted, shall tender your rights under the agreement invalid for such time. The company may in its discretion forfeit the security deposit besides canceling of the agreement without notice in such event.
    It will be buyer’s responsibility to find out the availability and quantity of scrap in scrap yard and ensure that such contracted materials irrespective of quantity, are not piled up. If for any reason you do not lift and clear the scrap yard once as per the frequency of lifting stipulated in contract, Tecumseh will charge penalty of Rs. 10000/- for Copper Wire Scrap, and Rs. 2000/- for rest of the items and there will be no exceptions in this regard. In case you fail to lift the material twice as per frequency of lifting, as per schedule mentioned in the contract, Tecumseh can cancel the contract and forfeit the full security deposit without any notice to buyer in this regards or to sell the scrap material to any other party and recover the loss if any incurred from such sales from security deposit.
    Total quantity of scrap left shall have to be lifted to the bit on the last day of contract period. Buyer will be entitled to lift the material only from the scrap bins/ yard and shall have no claim to anything from the works unless specially permitted for special reasons. What so ever.
    Tecumseh reserves the right to conduct surprise check on the Scrap material being sold within their own premises.
    If any OK material is found to be taken out by Buyer, Tecumseh will have the sole right to cancel the contract with immediate effect & security deposit of Buyer will be forfeited.
    The sale of scrap materials is on “As is where basis is” and no claim as regards to physical condition of material will be entertained by the company.
    If any material other than the material allotted to the buyer found to be mixed, buyer will employ his own labour to sort out the same.
    In order to facilitate the company to facilitate transaction before 5.00 P.M. the material should be collected before 2.30 P.M. If the buyers fail to collect the material in time and the truck is held up in the company, the detention charges will be borne by buyers only.
4.   Payment terms
 
  •   All payments to be made in advance through Demand Draft/pay Order in favor of “ Tecumseh Products India Private Limited” before gate pass is issued.
  •   Nothing shall be adjustable against security money, for the lot of scrap material purchased.
  •   All taxes, wherever applicable is excluding in unit price. The price is ex-factory Tecumseh and all the taxes as applicable at the time of delivery will be charged in addition to the value of the goods.
  •   Security deposit shall be refunded within 30 days after the expiry of the contract and on fulfilling the terms & condition of the contract.
  •   The transportation any other cost required for scrap collection will be borne by Buyer.
  •   The base for evaluation of Copper scrap Prices would be “The Economic Times”. The rate of scrapped copper wire will be considered on the day of lifting as per the rate in the newspaper of the Economics time.
    5.   CONFIDENTIALITY OF TECUMSEH INFORMATION
      Buyer understands the need for confidentiality of the information furnished to it by Tecumseh and acknowledges the irreparable harm that will result form its unauthorized use or disclosure. Buyer agrees that Tecumseh’s information will be treated as highly confidential, trade secret information of Tecumseh and will not be disclosed to anyone by Buyer, its employees, agents or representatives, except and specifically permitted herein. Buyer agrees further to limit access to the buyer information to only those employees, agents or representative to perform his function.
      In addition, Buyer recognizes that its close association with Tecumseh’s personnel & access to Tecumseh’s confidential information in the course of performing this Agreement will enable Buyer to evaluate publicity available information about Tecumseh from an insiders perspective & that Tecumseh’s confidence would be revealed if such evaluations were published. Therefore, buyer agreed not to publish, or help anyone publish, anything whatsoever about Tecumseh concerning the subject matter of this agreement, except with the prior written consent of Tecumseh, during the term of this Agreement & for one(1) year thereafter.
    6.   Termination of Agreement
      Tecumseh reserves the right to sell scrap beyond the prescribed material immediately after reaching the prescribed limit & contract will be no longer valid document. Without prejudice to the aforesaid, Tecumseh & Buyer, reserves the right to the terminate this Agreement, giving 1 months prior notice. If after the commencement of this agreement it is found that we are not satisfied with the buyer, the COMPANY, Tecumseh (Shall be free to terminate the agreement immediately)
      Forthwith on expiry or earlier termination of this agreement, buyer shall provide all information; hand over documents, registers, Certificates, receipts, Bank statements with regard to the Buying, investments, Company, Employees of the company & any matter related there to the company.
      Notwithstanding the expiry of the agreement or prior termination, Buyer will continues to be liable & responsible in respect of all acts done, in pursuance of this agreement till the expiry or prior termination of this agreement, as the case may be.
    7.   Buyer’s Employee Removal
      Buyer shall exercise its best efforts to furnish complete employees performance. Buyer shall require its employees (when on Tecumseh’s premises) to comply with all Tecumseh’s regulations & policies & shall promptly remove those who do not comply or who may be otherwise unacceptable to Tecumseh. It is mutually agreed that Tecumseh reserves the right to bar employees, representatives or agents of buyer from Tecumseh’s premises for failure to observe such regulations & policies.
    8.   Information Gathering practices:
      Buyer hereby agrees that its acquisition of information on behalf of TECUMSEH shall be in compliance with all applicable laws & in addition shall be with the esthetical principals set forth in the Guidelines for Employee Conduct, which state in pertinent part as follows.”
      “…there are, however, important limitations on how & what competitive information may be obtained. No improper means may be used to acquire confidential or property information from any competitor, supplier or customer, Improper means would include any form of industrial espionage, the payment of the money or giving of any favour or consideration, or the hiring of a competitor’s employees to obtain confidential information. Information which may not be sought would data on a competitor’s unannounced new products or confidential data relating to costs, prices or profits.
    9.   Force Majure
      Either party is not liable under this agreement for non performance, if the non performance is caused by events or conditions beyond the control of such party, including but not limited to, any act of GOD, major power failure, non availability of transportation, labour unrest, political actions, war civil disturbance, riots & arson, provide such party had made or makes responsible efforts to perform it’s obligation under such circumstances.
      If the force majure event continues for a period of 30 days or more at a time. Then this contract can be terminated by either of the parties, after due written notice, without any cost/liabilities.
      Non Solicitation
      Neither party shall directly or indirectly offer employment the employees of the other party, who were involved under this agreement, either during the subsistence of this agreement, or after the termination of this agreement, for a period of 12 months thereafter.
      Arbitration
      In the event of any dispute between the parties, arising out of the terms or scope of this agreement, the such dispute shall be referred to & settled in accordance with the provisions of the arbitration & conciliation ACT, 1996 & the arbitration award shall be binding on the parties, subject to the laws in force. The venue for arbitration shall be Faridabad.
    10.   Miscellaneous Condition
      All information received by the Buyer during the course of this agreement with regard to the buying, investment, Company, Employee of the company or on any other matter during the course of this agreement shall be kept confidential by Buyer.
      All vehicle entering within the premises of Tecumseh shall emission certify with rule & regulation of Govt. of India. Oil/lubricants leakages from the vehicle will not be allowed in the plant.
      Buyer will remove all the accumulated materials and arising upto 3.:00PM on the day of lifting from scrap yard.
      The vehicle with labour for loading should enter in the premises by 9:00AM and leave the scrap yard by 3.00PM
      The employees of the buyer should follow all safety & others rules as instructed by Tecumseh.
      Buyer will ensure that no damage is done to the property of Tecumseh Products India private Limited, at the time of lifting and transportation of the materials
      Buyer will have to fulfill and strictly abide the safety rules, security rules and be governed by rules under the Factory Act for the representative / employees, prevailing from time to time.
      The buyer should ensure that the scrap materials lifted by them are used in such a way so that it may not directly or indirectly harm the environment and the Society.
      No child labour should be deployed in our premises.
      Drivers and labour must wear shoes.