An NHIDCL's Initiative

Terms & Conditions

1. GENERAL PROHIBITIONS

• (i) You may not post or sell any item that is restricted or prohibited by a central, state or local law in India. Please be aware that the INAM-Pro functions as a voluntary platform. Below, we have listed some categories of prohibited or restricted items. However, this list is not exhaustive; you, as the Seller, are responsible for ensuring that you are not posting an item that is prohibited by law in India.
• (ii) INAM-Pro has chosen to also prohibit the posting of other categories of items which may not be restricted or prohibited by law but are nonetheless controversial including:

• (a) Items that encourage illegal activities;
• (b) Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
• (c) Giveaways, lotteries, raffles, or contests;
• (d) Stocks, bonds, investment interests, and other securities;
• (e) Pornographic materials or items that are sexual in nature;
• (f) Items that do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information.

• (iii) INAM-Pro, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions.

2. ARTIFACTS:

• (i) Artifacts, cultural relics, historical grave markers, and related items are protected under the Indian Law may not be posted or sold on the portal.
• (ii) The trade of cultural relics (including personal collection relics), gold, silver, other precious metals, rare animals and their products is prohibited on the Portal.

3. CURRENCY AND STAMPS

• (i) Inampro strictly forbids the sale and purchase of currency, coins, bank notes, bonds, money orders, currency in digital or any intangible form (e.g. crypto-currency) and other securities, as well as the equipment used to produce such items.
• (ii) Counterfeits of the identified articles in 3.1, legal tenders and stamps are strictly prohibited.

4. CRUDE OIL (i) The listing or sale of crude oil by sellers and buyers is prohibited on the Portal.

5. CONTRACTS AND TICKETS

• (i) You are responsible for ensuring that your transaction is lawful and not in violation of any contractual obligation. Before posting an item on the Portal, you should carefully read any contracts that you have entered into that might limit your right to sell your item on the Portal. Some items, having Not for Retail terms printed on the item that may limit your ability to sell that item. In other cases, such as when you are distributing a company's products, you may have signed a separate contract restricting your ability to market the product.
• (ii) INAM-Pro does not search for items that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that posting items in violation of your contractual obligations could put you at risk with third parties. Inampro therefore urges that you not list any item until you have reviewed any relevant contracts or agreements, and are confident you can legally sell it on the Portal.
• (iii) If you have any questions regarding your rights under a contract or agreement, we strongly recommend that you contact the company with whom you entered into the contract and/or consult with an attorney. 6. CREDIT CARDS (i) Credit or debit cards cannot lawfully be transferred from one person to another, and therefore such items may not be listed on the Portal.

7. DRUGS & ASSOCIATED PARAPHERNALIA (i) The listing or sale of narcotics, steroids, poppy seeds, poppy seed products or other controlled substances is strictly forbidden on the Portal. (ii) The listing or sale of drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance is strictly forbidden on the Portal. Such items include, but are not limited to those items used for the ingestion of illicit substances including pipes such as water pipes, carburetor pipes, chamber pipes, ice pipes, bongs, etc.

8. ETHNICALLY OR RACIALLY OFFENSIVE MATERIAL (i) Postings that are ethnically or racially offensive are prohibited on the Portal. Sellers and purchasers must ensure that any wording used portrays appropriate sensitivity to those who might read it in their postings, and when they are offering or purchasing potentially offensive items or services. (ii) Inampro prohibits such materials which promote Terrorism, Violence etc.

9. FACES, NAMES, LOGOS AND SIGNATURES

• (i) Items containing the likeness, image, name, logo, or signature of another person/firm/govt. body are prohibited, unless the products were made or authorized by the person/firm/govt. body whose likeness, image, name or signature has been used.

10. FINANCIAL SERVICES

• (i) Inampro prohibits listings that offer financial services, including money transfers, issuing bank guarantees and letters of credit, loans, fundraising and funding for personal investment purposes, etc. 11. FIREARMS, AMMUNITION, WEAPONS
• (i) The posting of, offering for sale, or offering for purchase of any arms, ammunitions, military ordnance, weapons (including explosive weapons), and/or any related parts or accessories is strictly prohibited. Such activity can result in your account getting delisted in addition to action as per applicable laws.
• (ii) Inampro does not permit the posting, offering for sale, or offering of purchase of air guns, BB guns, paintball guns, stun guns, harpoons, spear guns, or any other weapons that may discharge a projectile containing any gas, chemicals, or explosive substances.
• (iii) Any servicing, instruction, processing, or aid of producing any biological, chemical, or nuclear weapons, or any other Weapons of Mass Destruction (WMD) or its known associated agents is strictly prohibited by international law and is accordingly prohibited on the Portal. Any violation of this policy will result in the notification of government authorities by Inampro and your account being delisted.
• (iv) Knives and other cutting instruments will in most cases be permitted to be listed. Switchblade knives, gravity knifes, knuckledusters (bladed or not), bladed hand-held devices, and disguised knives are not permitted to be listed. Inampro maintains discretion over what items are appropriate and may cause removal of a listing that it deems as a weapon.

13. Foods, Tobacco Products, Gold, Silver and Other Precious Metals

• (i) The listing or sale of sexual enhancement foods or supplements is prohibited on the Portal. The posting of tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco and tobacco leaf is forbidden on the Portal. Also, the posting of nicotine and liquids for use in electronic cigarettes is forbidden on the Portal. Inampro also does not permit listings that offer the sale or buying of gold, silver and other precious metals (including jewelry).

14. Government-Issued IDs, Licenses and Uniforms (i) The following items may not be listed on the Portal:

• a) Items that claim to be, or appear similar to, official government-issued identification documents or licenses, such as birth certificates, drivers licenses, visas or passports etc. Furthermore, completed applications for such documents containing personal information may not be listed.
• b) Fake identification cards or any items that are designed for the manufacture of such cards.
• c) Articles of clothing or identification that claim to be, or appear similar to, official government uniforms.
• d) Military decorations, medals and awards, in addition to items with substantially similar designs.
• e) Any Services tendered for preparation of above mentioned Govt. documents.

15. HAZARDOUS AND DANGEROUS MATERIALS

• (i) The posting, offering for sale, or offering for purchase of hazardous or dangerous materials is forbidden on the Portal. Even the items like detonators, gelatin sticks etc. used for blasting works, shall not be listed on the portal.

16. HUMAN PARTS AND REMAINS

• (i) Inampro prohibits the listing of any humans, the human body, or any human body part.

17. INVOICES

• (i) The listing or sale of any form of invoices or receipts (including blank, pre-filled, or value added invoices or receipts), is strictly prohibited on the Portal.

18. JOB POSTINGS

• (i) Job postings from which a factory/company/institute may directly recruit employees are prohibited on the Portal.

19. MAILING LISTS AND PERSONAL INFORMATION

• (i) The posting or sale of bulk email or mailing lists that contain personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses, is strictly prohibited. Also prohibited are softwares or other tools which are designed or used to send unsolicited commercial email (i.e. "spam").

20. MEDICAL AND HEALTHCARE SERVICES

• (i) Inampro permits ambulance services for transporting accident victims to the nearest hospitals. However, it prohibits listing of medical or healthcare services, including services for medical treatment, rehabilitation, vaccination, health check, psychological counseling, dietetics, plastic surgery, massage, etc.

21. NON-BUSINESS INFORMATION

• (i) Inampro is an online business to business information platform; personal and non-business information is prohibited.

22. NON-TRANSFERABLE ITEMS

• (i) Many items including lottery tickets, airline tickets and event tickets shall not be listed.

23. PORNOGRAPHIC MATERIALS

• (i) The posting or sale of pornographic

materials is strictly prohibited.

24. POSTING AN ADVERTISEMENT FOR THE SOLE PURPOSE OF COLLECTING USER INFORMATION OR RAISING MONEY

• (i) Inampro is the ideal portal for business to business commercial transactions. Honesty and high ethical standards is what we represent. Postings on this portal should clearly represent the item being sold.

25. PRESCRIPTION DRUGS AND DEVICES

• (i) Inampro does not permit the posting of prescription drugs, psychotropic drugs and narcotics.
• (ii) Inampro also does not permit the posting of unauthorized medical devices.

26. REFURBISHED PRODUCTS

• (i) The sale and purchase of refurbished mobile phones, laptops and computers is prohibited on the Portal. However, one may post a product for further sale of used product such as machinery etc.

27. REPLICA AND COUNTERFEIT ITEMS

• (i) Listing of counterfeits, non-licensed replicas, or unauthorized items, such as counterfeit designer garment, watches, handbags, sunglasses, or other accessories, is strictly prohibited on the Portal.
• (ii) If the products sold bear the name or logo of a company, but did not originate from or were not endorsed by that company, such products are prohibited from the Portal.

28. CIRCUMVENTION DEVICES AND HACKING EQUIPMENT

• (i) Descramblers or other items that can be used to gain unauthorized access to television programming (such as satellite and cable TV), internet access, telephone, data or other protected, restricted, or premium services are prohibited. Stating the item is for educational or test purposes will not legitimize a product that is otherwise inappropriate. Some examples of items which are not permitted include smart cards and card programmers, descramblers, DSS emulators and hacking software.
• (ii) Similarly, information on "how to" descramble or gain access to cable or satellite television programming or other services without authorization or payment is prohibited. INAM-Pro's policy is to prohibit any encouragement of this type of activity.
• (iii) Devices designed to intentionally block, jam or interfere with authorized radio communications, such as cellular and personal communication services, police radar, global positioning systems (GPS) and wireless networking services (Wi-Fi) are prohibited.

29. SPY EQUIPMENT

• (i) The listing or sale of spy equipment is not permitted on the Portal.
• (ii) The listing of devices used for interception of wire, oral and electronic communications is prohibited.

30. STOCKS AND OTHER SECURITIES

• (i) Inampro does not permit the listing or sale of stocks, bonds, credit, investment interests, or other securities.

31. STOLEN PROPERTY

• (i) The posting or sale of stolen property is strictly forbidden on the Portal. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

32. UNAUTHORIZED COPIES OF INTELLECTUAL PROPERTY

• (i) The listing or sale of unauthorized (pirated, duplicated, backup, bootleg, etc.) copies of software programs, video games, music albums, movies, television programs, photographs or other protected works is forbidden on the Portal.

33. SANCTIONED AND PROHBITED ITEMS

• (i) Products prohibited by laws, regulations, sanctions and trade restrictions in any relevant country or jurisdiction worldwide are strictly forbidden on the Portal. NOTICE:

This list should not be considered exhaustive in nature and shall be updated on a continuous basis. If you are unsure about the product you wish to list with the Portal in regard to its appropriateness or legality, please contact our customer services department at support-inampro@gov.in or call our toll-free number 1800 200 3399. Special Terms & Conditions governing the supply of Cement Rates:

• 1.1 The ex-factory rates to be quoted by various cement manufacturers for supply of the above mentioned grades of cement from their Plants. These ex-factory rates are inclusive of all labour, material, taxes and duties on inputs, cost of production and cost of packing, and loading in the vehicles.
• 1.2 The ex-factory rates to be quoted would be fixed for a period of 3 years from 01.04.2016 with 10 percent escalation per year cumulatively on 1st of April every year. Cement manufactures however would have the freedom to dynamically increase / decrease the price of cement within the ceiling price.
• 1.3 Supplies for the ordered quantity will be arranged at the quoted rates, terms and conditions directly to all Central Govt./State Govt. organizations, Municipal Corporations, Govt. Owned Corporations, local bodies, etc./Contractors/Concessionaires (herein referred as consignees) on receipt of supply orders from the consignees. Payment:
• 2.1 The orders will be placed by the consignees on particular cement plants at the quoted rate on cash and carry basis. Due payments against the supplies will be arranged directly by the consignees. Excise Duty, Sales Tax, VAT shall be payable to the cement manufacturer. Consignee shall, however, be at liberty to lift the ordered quantity of cement from cement plant by his own transport after making required payment of price.
• 2.2 Any other Tax, in force on the date will be borne by the cement manufacturer.
• 2.3 The Ministry will not be responsible for any disputes related to payments between the cement manufacturers and the consignees. No such issues shall be entertained in the Ministry. 2.4 Payment Gateway: INAMPRO portal is equipped with payment gateway facility free of charge being provided by renowned Bankers. This service is on B2B basis between the buyers & the cement companies with no financial involvement of the Ministry/NHIDCL. Quantity of Cement to be supplied: Minimum quantity of cement is committed / made available for a period of 3 years on annual pro-rata basis. The -flexibility to increase the offered quantity within the ceiling base price is available. 3.1 The Ministry shall be the monitoring agency and shall monitor the performance of all the cement manufacturers to ensure uninterrupted supply of cement to the consignees. However, the Ministry will not be responsible for any disputes related to supply of cement between the cement manufacturers and the consignees.
• 3.2 The supply of cement is to be ensured by the cement manufacturer within fifteen (15) days of issue of supply instructions, provided the quantity ordered is not less than 100 MT. The ordered quantity shall be supplied during the delivery period.
• 3.3 In case of failure on the part of the cement manufacturer to arrange supplies within fifteen (15) days of supply instructions as above, save force majeure conditions, the Bank Guarantee deposit of the cement manufacturer shall be forfeited.
• 3.4 Consignees/Buyers shall have the right to vary the quantity by (+/-) 30% at the quoted rate, terms and conditions of the initial orders without assigning any reason. In case of increase in ordered quantity, cement manufacturer's request for extension of Delivery Period, if any, will be suitably considered. The actual requirement of cement may, however, vary depending upon order/s from time to time. Cement manufacturer shall be bound to supply cement as per the actual requirement at the quoted rate and terms & conditions of the initial orders. For variation in quantity, no compensation will be admissible to cement manufacturer. 3.5 The cement manufacturer should give advance notice to the consignees regarding their planned schedule of maintenance, so as to take care of non-supply of cement during the maintenance period. Inspection and packing
• 4.1 The supplies shall conform to the relevant MORTH/BIS specifications for all the grades of Cement. The cement manufacturer shall ensure that a Test Certificate of their own is issued against each consignment in favour of each individual consignee. In the matter of sampling, the provisions of relevant BIS Code will apply. The cement manufacturer will ensure consistency and uniformity in quality of cement complying
with the relevant specifications. Rejection at Destination:
• 5.1 The consignment or part of the consignment, though formally inspected and passed, but found substandard, defective or unsuitable for use subsequently at the destination(s), shall be lifted by the cement manufacturer and matching replacement arranged at his cost within a period of four weeks from the date of such notice sent to the supplier. The consignee will give such notice for the replacement of cement by cement manufacturer within seven (7) days of the receipt of cement at site. In case of non-replacement within stipulated period, recovery of the landed cost of such quantity of cement received shall be effected by the consignee. Force Majeure Condition:
• 6.1 In case of any unforeseen event directly interfering with the supply of stores; such as war, insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, acts of God; the cement manufacturer shall, within a week from the commencement thereof, notify the same in writing to the consignee with reasonable evidence thereof. If the force majeure conditions mentioned above be in force for a period of ninety (90) days or more at any time, the consignee shall have the option to terminate the ordered quantity on expiry of ninety (90) days or more at any time of commencement of such force majeure by giving fourteen (14) days notice to the cement manufacturer in writing. In case of such termination, no damage shall be claimed by either party against the other save and except those which had accrued under any other clause of the agreement prior to such termination.

Special Terms & Conditions governing the supply of Safety materials/equipments

• 1. Different types of crash barriers like W Beam Type, Thrie Beam Type, Wire Rope type, Roller type, modified Thrie-Beam type etc., can be placed on the Portal by the Manufacturers.
• 2. The crash barriers including modified Thrie beam crash barriers shall meet IRC or other relevant International standards/guidelines.
• 3. The modified Thrie-Beam type crash barrier, which is mainly intended for installation in hilly terrain on NHs usually should have a working width of 0.6 m and should resist impact of loaded truck at speeds of 70-90 Km/hour as per the prevailing traffic conditions in the country.
• 4. The cost specified by the manufacturers should not include the cost of transportation from Factory to work site and installation at site which would be the responsibility of the contractor who would be executing the work of crash barrier installation.
• 5. The Contractor installing the crash barrier should be taking the responsibility for a period of 3 years, for its proper performance and for containing the vehicle in the intended manner failing which, there would be substantial penalties and other actions against the contractor which would be specified in the tender documents of the crash barrier installation work. Therefore, the manufacturer also has to share the responsibilities towards meeting these requirements as per the terms agreed between the manufacturers and the contractor.
• 6. The crash barrier manufacturers have to upload the crash test video along with test certificate issued by the competent/ authorized laboratory for this purpose. The Crash barrier manufacturers should also upload the design of the crash barrier for which the crash test has been carried out.
• 7. The crash test would be valid for a period of 5 years from the date of testing or till the design is changed whichever is earlier.
• 8. All the road safety related materials including crash barriers (additional parameters for crash barriers specified above are in addition to the following general parameters) can be uploaded by the manufacturers in a standard format following a standard approach as below:

• (i) The manufacturers should provide specifications of the products specified by the competent authorities like BIS, IRC, other International authorities etc., for the concerned product. The specifications shall be uploaded within a maximum of 300 words and the specification document can also be uploaded in PDF form.
• (ii) The brochures related to the product can be uploaded in PDF form.
• (iii) The ex-factory price (maximum price of the product) can be varied from first to seventh of every month and the same would remain constant for the balance part of the month.
• (iv) The Portal shall act as web platform and the buyers/sellers are free to negotiate and re-negotiate the price and fix their deals as they deem fit.
• (v) The minimum supply quantity which can be catered to and the time in which that can be supplied shall also be specified by the manufacturers.
• (vi) The manufacturers shall upload a notarized affidavit vouching the authenticity of the product specifications and performance parameters, test videos, test certificates where applicable and Minimum supply quantities within the stipulated period (to be specified by the manufacturers) from the date of placing of firm supply order . The original affidavit shall also be submitted to NHIDCL for record and reference.
• (vii) In case of any breach of the conditions indicated in the affidavit, the manufacturers would be excluded from the Portal and would not be allowed re-entry for 5 years.
• (i) The performance parameters shall be specified within a maximum of 300 words.
• (viii) The manufacturer has to provide details of projects if any where these safety items have been supplied/ installed including the quantum of such items installed.