Introduction
This document is an electronic record published by CCXLIVE and the rules made thereunder (as applicable) and shall act as valid agreement between Seller / Service Provider and Buyer. Further the use of CCXLIVE Portal for Sale / Purchase of Extended Producers Responsibility (EPR) Credits and the resulting Contracts shall be governed by the following General Terms and Conditions (GTC) (unless otherwise superseded by Product / Service specific Special Terms and Conditions (STC), Product / Track / Domain Specific STC of Particular Service including its SLA (Service Level Agreement) and BID/Reverse Trade Specific Additional Terms and Conditions (ATC) as applicable).
Prithivyam LLP's branded e-Marketplace, CCXLIVE, serves as the EPR Credit Procurement Portal—a comprehensive online platform connecting Buyers i.e., Producers, Importers, Brand Owners collectively called as PIBOs as per the plastic waste management (PWM) rules, Manufacturers and OEMs of batteries, electrical and electronic equipment (EEE), medical equipment, telecom, etc. to sellers i.e., Plastic Waste Processors (PWPs), Waste to Oil (W2O) plants, Waste to Energy (W2E) plants, Recyclers and Refurbishers of plastic packaging, e-waste, batteries, tyres, vehicles, etc., Producer Responsible Organizations (PROs), Waste Management Agencies (WMAs), and other stakeholders engaged in the buying and selling of EPR credits in accordance with the India's EPR Policy governed by and CPCB and MoEF&CC guidelines.
The portal is owned and managed by Prithivyam LLP which is a Limited Liability Partnership registered under the Companies Act, 2013. Prithivyam LLP operates, monitors and supervises all the business transactions on the portal through the Managed Service Provider as per defined roles and responsibilities.
General Abbreviations and Definitions:
Below terms are used hence and forth in the rules and in the agreement as well, thus, it is important to understand the meanings associated with it.
MoEF&CC: Ministry of Environment Forest and Climate Change
CPCB: Central Pollution Control Board
SPCB: State Pollution Control Board
ULB: Urban Local Body (Nagar Nigam)
EPR: Extended Producers Responsibility
ESG: Environment Social and Governance
PWM: Plastic Waste Management (Rules)
WEEE or E-waste: Waste from Electrical and Electronic Equipments
BWMR: Battery Waste Management Rules
RVSF: Registered Vehicle Scrapping Facility
ELV: End-of-life-vehicle
PIBO: Producer, Importer and Brand Owner (in plastics)
PWP: Plastic waste processors (recyclers and co-processors)
Manufacturer/Producer: The one who manufactures or produces electrical and electronic components, batteries, automotives, etc.
Dismantler: The one who dismantles the components/products into various smaller valuable pieces, for ex. Dismantling a car into ferrous, non-ferrous and plastic components
Recycler: The one who recycles the end-product or commodity into new products or raw materials such as iron bars, copper tubes, ingots, etc.
Refurbisher: The one who refurbishes, repairs or repurposes the electrical and electronic components, IT assets, vehicle parts, batteries etc. for the second-life applications, thereby enhancing the life cycle of a product
PRO: Producer responsible organization
WMA: Waste management agency
EPR Credits: These are the certificates (in values) generated after recycling or co-processing per MT of the material (plastic, e-waste, batteries, etc.)
Participants in the entire EPR mechanism are the producers who have the liability to purchase the credits and recyclers and/or co-processors who sell the credits to these producers and/or manufacturers.
Other Stakeholders are consulting and trading companies/platforms like CCXLive, SPCB, CPCB, and so on.
Exchange Rates: These are the rates at which credits are traded on the platform
Auditing Tool: CCXLive has launched an auditing tool that will be of great help to both the auditors and the government while auditing recyclers and refurbishers
Circular Marketplace: CCXLive has launched a circular commodities (recycled and refurbished products) marketplace that connects buyers (OEMs, businesses and individuals) to the sellers such as plastic (r-PET recyclers), automotive, e-waste, and batteries second-life products, etc.
Green and Carbon Credits: Government of India came up with a green credits market that mandates emitters and polluters to purchase equivalent credits from clean companies and processes, we are a bridge between them as well.
“BUYER” is the Contract placing authority, which includes but not limited to Producers, Importers, Brand Owners (PIBO) as defined by the CPCB, Producer Responsible Organizations (PROs) or any other middle/consultancy agency/company acting through its authorized officer(s) for and on behalf of respective any legal entity such as firm(s) of Proprietorship / Partnership Firm / Limited Liability Partnership / Private Limited / Limited company / Society registered under Societies Act / Statutory Bodies etc., as the case may be, for purchase of EPR Credits offered by Sellers on CCXLIVE.'
“Seller” is the contract accepting authority, which includes but not limited to recyclers, waste processors etc as mentioned above. acting through its authorized officer(s) for and on behalf of respective any legal entity such as firm(s) of Proprietorship / Partnership Firm / Limited Liability Partnership / Private Limited / Limited company / Society registered under Societies Act / Statutory Bodies etc., as the case may be, for sale of EPR Credits demanded by the Sellers on CCXLIVE.'
“APPLICABLE LAWS” shall mean any statute, law, ordinance, notification, rule, regulation, judgment, order, decree, bye-law, approval, directive, guideline, policy or other governmental restriction as may be in effect.
“EPR CREDITS” shall mean a mechanism established by the Central Pollution Control Board (CPCB) to incentivize and regulate the implementation of extended producer responsibility under electronic, plastic, battery, end-of-life vehicles, tyre waste management rules etc.. EPR credits represent a unit of compliance that buyers and any other company as per the compliance under EPR policy, can earn through fulfilling their obligations under EPR regulations, which typically involve managing the lifecycle of their product and their associated environmental impacts, such as collection, recycling, or safe disposal of waste. These credits can be traded or sold within designated platforms or marketplaces, providing flexibility and economic incentives for entities subject to EPR regulations to meet their compliance targets effectively.
“SERVICES” shall mean the services offered or provided by the Seller such as Annual Filing, Invoice Uploading on the EPR portal or any other EPR related consultancy services.
“SERVICE/PURCHASE ORDER (SPO/PO)” shall mean a formal document issued by a purchaser to a EPR related service provider, specifying the details of the services to be rendered, including but not limited to the scope of work, deliverables, timelines, pricing, payment terms, and any other relevant terms and conditions governing the provision of services. This document serves as a contractual agreement between the purchaser and the service provider, outlining the rights, responsibilities, and obligations of both parties in the performance of the agreed-upon services.
“EPR CREDIT CATEGORY” shall mean the categorization of EPR (Extended Producer Responsibility) credits into categories such as CAT I, CAT II, CAT III, and so forth (as defined by Central Pollution Control Board, India), in plastics, and ITEW-1, CEEW-5, LSEEW-10, LIW-1, etc. in e-waste, etc. typically refers to a classification system used to differentiate between different types or classes of waste materials based on their environmental impact and the level of responsibility associated with their management and disposal.
“USER ID and PASSWORD” All users including Buyers and Sellers (primary as well as secondary) will get User ID and Password created on CCXLIVE following due registration process defined on CCXLIVE. It is the responsibility of the user to keep their User ID and Password secure and confidential. Individual users shall be solely and completely responsible for all transactions taking place on CCXLIVE portal using his / her User Id and Password and CCXLIVE shall not be responsible in any manner.
“LICENSE” shall mean by registering the Seller and by offering Product / Service details on CCXLIVE and by participating in Bids, Request for Quotations (RFQs) floated on CCXLIVE, the Seller grants CCXLIVE a non-exclusive, royalty-free, irrevocable, perpetual and fully sub- licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and/or display publicly the content / materials / documents which has been submitted to CCXLIVE and / or CCXLIVE Buyer(s) during registration / bid participation / Request for Quotations (RFQs) excluding personal or confidential details.
“CONTRACT” shall mean the purchase order created / issued by the Buyer on CCXLIVE for supply of EPR Credits (via respective EPR CPCB Portal) in electronic form which includes scope of supply, delivery instructions and specifications etc. as ordered by Buyer against such Contract besides the subject GTC, STC as the case may be.
“e-Bank/Bank Guarantee” shall mean a binding agreement between a bank (the guarantor), a purchaser (the applicant), and a seller (the beneficiary), whereby the bank commits to fulfill the financial obligations of the purchaser to the seller in the event that the purchaser fails to meet its payment obligations as agreed upon in a contract for the purchase of EPR Credits or related services on CCXLIVE.
The bank guarantee serves as a form of security for the seller, assuring them of payment for the goods delivered or services rendered, thereby mitigating the risk of non-payment or default by the purchaser.
From a legal perspective, a bank guarantee constitutes a contractual obligation on the part of the bank to honor the payment obligation specified in the guarantee document upon presentation of a valid demand by the seller in accordance with the terms and conditions outlined therein.
Role, Responsibilities and Obligations of Seller/ Buyer:
Role and Responsibilities of Sellers on CCXLIVE are as under:
EPR Credits traded via the CCXLIVE portal are generated by the Seller on the CPCB EPR Portal in accordance with the guidelines established by the Central Pollution Control Board (CPCB).
Upon acceptance of the Service/Purchase Order by the Seller on CCXLIVE, either raised by the Prithivyam LLP (brand owner of CCXLIVE) or the Buyer, the Seller is bound to fulfill the services outlined in the Service/Purchase Order shared by the Buyer and is precluded from denying such services.
Upon transferring the EPR Credits to the Buyer, the Seller shall generate an invoice in accordance with the specifications outlined in the service purchase order received from Prithivyam LLP or the Buyer.
Following the transfer of EPR Credit(s) to the Buyer, the Seller is obligated to upload the Proof of Execution or transfer of the EPR credit, along with any other pertinent documents specified or requested on CCXLIVE, within a period of 10 days upon request.
The Seller shall effectuate the transfer of EPR credits and receive payment in accordance with the payment terms stipulated in the Service/Purchase Order or as per the CCXLIVE.
If the EPR Credits generated by the Seller on the EPR CPCB portal are derived from fraudulent practices and the same is transferred to the Buyer, the Seller assumes full liability for said EPR credits. Consequently, the Seller shall either refund the entire amount received by the Buyer within 30 working days or accept full responsibility for any penalties imposed by the CPCB on the Buyer as a result of said fraudulent practices, or both.
The Seller is obligated to furnish all documents pertaining to EPR Credit generation upon request by CCXLIVE or the Buyer and is required to upload said documents onto the CCXLIVE portal.
The Seller hereby consents to CCXLIVE adding a commission of 10% to the quoted amount provided by the Seller on the CCXLIVE portal. This commission will be included in the final price displayed to the Buyer on the portal.
Only Director (s) / Partner (s) / Proprietor (as applicable) / authorized company employees are authorized to become Primary User and register any legal entity on CCXLIVE as Seller.
Since CCXLIVE is a trust based Portal, the complete accuracy and integrity of data submitted in respect of the Seller and also in respect of the EPR Credits offered on CCXLIVE will be the sole responsibility of the Seller/Service Provider. Seller will be liable for administrative action as per CCXLIVE terms and conditions in case of any discrepancy / infirmity in any data / information submitted on CCXLIVE.
The Primary / Secondary Users of Sellers, offering EPR Credits and/or participating in e-Bidding / Reverse Auction / Request for Quotations (RFQs) on CCXLIVE, must ensure that they have the requisite authorization to enter into contract with Buyer(s) in CCXLIVE for and on behalf of the Seller, failing which such Seller as well as the individual(s) shall be vicariously liable for its actions and also for any liability arising out of such actions.
Sellers can offer any number of products/services. However, it will be the sole responsibility of the seller to satisfy themselves regarding possessing the requisites for doing business for the offered product(s)/service(s). The Sellers are solely responsible for ensuring that there is no violation of any Intellectual Property Rights in their offer for sell/providing service on CCXLIVE.
The Seller should not exercise any corrupt influence on any aspect of contract and commit to take all measures necessary to prevent corruption maintaining complete transparency, integrity and fairness in all activities related to CCXLIVE.
The seller would represent its business on the CCXLIVE portal and is mandated to comply with all the terms and conditions of the platform. Sellers would be solely and absolutely responsible for the information provided about their organization, business, EPR Credit and services on the portal and would be required to produce proof of such information, if requested at any point in time by the Buyer and / or CCXLIVE.
CCXLIVE would not allow creation of any fresh data related to Seller identity on CCXLIVE portal. All details provided by the Seller at the time of registration would be counter checked / verified through other databases of the Government such as PAN, MCA 21, Udyam Registration, etc. For Financial details, PAN / Income tax Database shall be the primary validating database and will override any conflicting data in any other database. If the data / details entered by the seller while registering on CCXLIVE is not verified with validating databases, registration will not be allowed or cancelled on immediate effect. Further, in case of any conflict in details after registration, Seller’s registration would be automatically suspended. It is the Seller’s responsibility to keep all their information on CCXLIVE updated with the latest change(s). Non- updating of details on CCXLIVE within 7 days of such occurrence would make Seller liable for administrative or legal actions.
The Seller shall be solely responsible for the EPR Credits including, without limitation, the applicable validity of the EPR Credit quantity which can be supplied and used over the specified time period, etc. as per CPCB guidelines. The individual Sellers shall ensure that the EPR Credit offered in e-Bidding and/or ordered shall remain available in their respective CPCB EPR Portal’s wallet during the bid / contract validity period.
By offering their EPR Credit on CCXLIVE, the Seller agrees to share price details of the offered EPR Credit or related services by CCXLIVE with other stakeholders such as buyers, CPCB officials or others. Sellers shall ensure uploading of their EPR Credits in the correct category in all respects as per CPCB guidelines. Any offering of wrong and misleading product(s) or service(s) in any of the categories will be removed by CCXLIVE from the portal when noticed without making any reference to the seller(s). The seller(s) will also be liable for any other legal or administrative action as deemed fit by CCXLIVE for uploading the wrong product(s) or service(s) in any category. If any such infringement made by Seller leads to placement of a contract by any Buyer for such inappropriately offered product(s) / service(s) by the Seller, such contract shall be treated as null & void. No claim whatsoever against such contract shall be admissible and entertained.
B. Role and Responsibilities of Buyer on CCXLIVE:
Upon selection of the most suitable quotations on CCXLIVE, the Buyer shall issue a Service/Purchase Order in favor of Prithivyam LLP or the Seller (whatever decided by the CCXLIVE) on CCXLIVE within 10 working days. The Buyer is obligated to purchase and fulfill the obligations of EPR Credits outlined in the Service/Purchase Order and is bound to pay for the services or the EPR Credits.
Upon receiving the EPR Credit(s) from the Seller on the CPCB EPR Portal, the Buyer is required to promptly confirm the transaction on CCXLIVE within 3 working days.
The Buyer shall remit the full payment for the EPR Credits or related services to Prithivyam LLP, which will retain the funds until the services specified in the Purchase Order are delivered to the Buyer by the Seller. Following confirmation of the EPR credit receipt by the Buyer on the CCXLIVE portal, payment will be disbursed to the Seller.
The Buyer hereby grants authorization to CCXLIVE to apply a commission of 10% on the quoted amount provided by the Seller on the CCXLIVE portal. This commission shall be included in the final price presented by the Seller in the quotation displayed to the Buyer on the portal.
If the Buyer is not willing to pay the full advance payment of 100% of the amount stated in the service/purchase order to Prithivyam LLP, the Buyer is obligated to furnish and provide an e-Bank/Bank Guarantee.
The Buyers are responsible to ensure that the procurement done by them are in compliance of CPCB Guidelines, General Financial Rules and / or Rules Governing Procurement in respect of their organization, all CCXLIVE terms and conditions and other procurement Policies / Guidelines notified by the government from time to time, including timely payments as per CCXLIVE terms and conditions.
The Buyers (in all capacities i.e. as Buyer, Consignee, DDO, Paying Authority etc.) are responsible to ensure that the procurement done by them are in compliance with CCXLIVE Terms and Conditions / Guidelines and all contract related transactions are completed within time lines prescribed in CCXLIVE Contract.
The Buyers must ensure that they have the requisite authorization to enter into contract with Seller(s) or Prithivyam LLP on CCXLIVE for and on behalf of the organization, failing which such individual(s) shall be individually liable for its legal actions and also for any liability arising out of such actions.
The Buyers shall satisfy themselves that the price of the selected offer/quotations is reasonable. Buyer is at liberty to utilize all the data / information and Business Analytics made available in CCXLIVE.
The Buyers, before placing the order on CCXLIVE, should have the required mandatory approval with prior sanction and approval of the competent authorities and shall be in compliance.
On award of the Contract(s), it would be construed that the Buyer has obtained all necessary Administrative & Financial sanctions of the competent authority and adequate funds are available indicating the relevant Head of accounts in the awarded Contract(s).
The Buyers should not exercise any corrupt influence on any aspect of contract and commit to take all measures necessary to prevent corruption maintaining complete transparency and fairness in all activities related to CCXLIVE.
Integrity Pact:
All the Users in CCXLIVE i.e. Seller as well as Buyer agree not to indulge in any corrupt practices including without limitation any activity or action to influence the transaction on any aspect of contract and commit to take all measures necessary to prevent corruption maintaining complete transparency and fairness in all activities related to CCXLIVE. Users agree to follow and adhere with the Integrity Pact guidelines provided on CCXLIVE Portal.
Dispute resolution between the buyer and the seller / service provider
Conciliation:
The Parties (i.e., the Buyer and the Seller/ Service Provider) undertake that any conflict or dispute that may arise between them shall first be dealt with in the manner stated below, irrespective of any other recourse, which any Party may have in law or in equity.
In the event of any conflict or dispute arising out of or in connection with the Contract placed through CCXLIVE, the Parties shall endeavor to settle such disputes amicably. If a dispute is not resolved within 30 (thirty) days after a written notice of any dispute by one Party to the other, the same shall then be resolved through the mechanism of a Dispute Resolution Committee. This Dispute Resolution Committee shall comprise representatives of both the Buyer and the Seller / Service Provider and shall be chaired by the Primary User of the Buyer organization/department or any other person as authorized by the Primary User. If the Dispute Resolution Committee is not able to resolve the matter within 30(thirty) days of its formation, the dispute shall then be referred to Arbitration.
Arbitration:
In the event of any conflict / dispute arising out of or in connection with the Contract placed through CCXLIVE, which has not been resolved in accordance with the procedure laid down in Clause 5.1 above, the aggrieved Party may invoke Arbitration by sending a written notice to the other Party. The procedure for appointment of the Arbitral Tribunal shall be as follows.
In cases where the total value of the Contract is less than INR 1, 00, 00,000/- (Indian Rupees One Crore only) the same shall be referred to a sole arbitrator mutually appointed by both the Parties.
Where the total value of the Contract exceeds INR 1,00,00,000/- (Indian Rupees One Crore only), the arbitration shall be conducted by a quorum of three arbitrators. Each party shall be entitled to appoint an arbitrator and the two party-appointed arbitrators shall within 30 (thirty) days from their nomination, appoint a third arbitrator i.e., the Presiding Arbitrator.
In case of failure to appoint the Presiding Arbitrator within a period of 30 (thirty) days from the date of nomination of the two arbitrators by the respective parties, the aggrieved party shall approach the High Court (under whose jurisdiction the principal place of business of the Buyer department/ organization is located) to appoint the Presiding Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996 (as amended up to date).
The arbitration shall be conducted in the English language. Arbitration proceedings can also be conducted online, as per the discretion of the Arbitral Tribunal.
The cost of the Arbitration shall be equally borne by both the Parties.
The award of the arbitrator shall be final and binding on the Parties to the Contract. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be at the place where the principal place of business of the Buyer department / organization is located.
The Contract shall be interpreted and governed in all respects in accordance with the laws of India. All disputes in connection with or arising out of the Contract, shall be subject to the exclusive jurisdiction of the Court within the local limits of whose jurisdiction principal place of business of the Buyer department / organization is located.
Both the Parties understand and agree that CCXLIVE being an Intermediary cannot be made a party to any dispute in connection with or arising out of the Contract and/or the arbitration proceedings between the Parties
Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.
6. Laws Governing the Contract:
The contract shall be governed by the laws of India for the time being in force.
Irrespective of the place of delivery, the place of performance or the place of payment under the contract, the contract shall be deemed to have been made at the registered address of the Buyer and / or Primary Buyer.
Jurisdiction of Courts: The High court or any court of Law of Chandigarh or Punjab shall have jurisdiction to decide any dispute arising out of or in respect of the contract.
CCXLIVE or Prithivyam LLP would not be a party to any such litigation.
In case any Seller / Service provider makes CCXLIVE a party / respondent in any case involving any dispute between Buyer and Seller arising out of a concluded contract or arising out of bidding process initiated / concluded by the Buyer on CCXLIVE, it would be obligatory on the part of the Buyer to represent CCXLIVE also through their Counsel / Lawyer in the proceedings before the legal authority and ensure timely filing of replies / affidavits, etc. provided by CCXLIVE also through their Counsel / Lawyer before the concerned legal authority during the course of litigation. A standard reply on behalf of CCXLIVE, covering following aspects shall be incorporated in all replies / affidavits filed by the Buyer in such cases:
“Prithivyam LLP's branded e-Marketplace, CCXLIVE, serves as the EPR Credit Procurement Portal—a comprehensive online platform connecting Producers, Importers, Brand Owners (PIBO), Plastic Waste Processors (PWPs), Waste to Oil plants, Waste to Energy plants, Recyclers, Producer Responsible Organizations (PROs), and other stakeholders engaged in the buying and selling of EPR credits in accordance with India's EPR Policy and CPCB guidelines.
The portal is owned and managed by Prithivyam LLP which is a Limited Liability Partnership registered under the Companies Act, 2013. Prithivyam LLP operates, monitors and supervises all the business transactions on the portal through the Managed Service Provider as per defined roles and responsibilities.
Prima facie, the dispute in the present case appears to be between the Buyer and Seller arising out a contract placed / bid created by the Buyer on Prithivyam LLP owned brand and e-Marketplace. As per the General Terms and Conditions of Prithivyam LLP owned brand and e-Marketplace (duly accepted by the Buyer and Seller), CCXLIVE is not to be made a party to any dispute between the Buyer and the Seller. As such Prithivyam LLP owned brand and e-Marketplace is liable to be deleted from the array of parties.
In light of the above, we request your goodself to kindly delete Prithivyam LLP's branded e-Marketplace, CCXLIVE from the array of parties.”
7. Limitation of Liability:
In any event, neither party shall be liable for any special, incidental, punitive, exemplary or consequential damages arising out of or in connection with the Contract entered between the parties. The aggregate liability of either party, whether under the contract, in tort or otherwise, shall not exceed the total contract value, provided that this limitation shall not apply to:
Any obligation or claim arising out of or in connection with any third party claim of IPR infringement,
In the event of any gross negligence or willful misconduct on part of either party, as finally judicially determined by a court of competent jurisdiction.
8. Termination for Default:
If the seller does not perform its obligations within the Delivery Period / Date mentioned in the Contract, the same would constitute the breach of the Contract and the Buyer shall have the right to Cancel or Withdraw the Contract for the unsupplied portion after the expiry of the original, extended or re-fixed delivery date or period stipulated in the Contract. Such cancellation of contract on account of non - performance by the Seller would entitle the Buyer to forfeit the performance security besides other actions such as downgrading the Seller’s rating or debarment from the CCXLIVE for specified period as decided by CCXLIVE on merits.
9. Closure of Transaction:
After satisfactory completion of all the obligations under the Contract and release of payments for the EPR Credits, the transaction shall be treated as closed.
10. Grounds for Administrative Action
Administrative actions may be taken by CCXLIVE against the Buyer or the Seller either suo-moto on the basis of the platform mechanisms identified through analytics or on the basis of a complaint or report made to CCXLIVE by any stakeholders or any third party information or upon Court order, inter –alia, for non-adherence to the CCXLIVE Website Policies including Terms and Conditions or any other policies published on the CCXLIVE Website (www.ccxlive.com).
The Seller would be liable for administrative actions such as suspension / debarment / removal from CCXLIVE, if they fail to abide by any of the Website Policies including the terms & conditions stipulated in this document and/or on anyone or more of the following grounds:
Listing the products/services not in the relevant categories and/or listing the same with vague/conflicting product specifications/details and irrelevant product photographs.
Offering EPR Credits without having proper authorization
Supplies goods of inferior/ substandard quality
Supplies or offers to supply refurbished or counterfeit or fake products
Withdraws or modify or impairs or derogates from the bid in any respect within the period of validity of its bid;
Seller furnishes inaccurate, false, misleading or forged or fails to furnish any information / documents, within the prescribed time limits, to CCXLIVE or to a Buyer, including during e-Bidding/ RA process;
Fails to furnish requisite performance security within stipulated time required as per e-bid / RA conditions;
Fails to update CCXLIVE about any change in information furnished within the prescribed time limits;
Executes services without conforming to requirement given in Service Level Agreement (SLA);
Fails to execute an order/ contract or fail to execute it satisfactorily
Is declared bankrupt or insolvent;
Fails to produce the requisite documents/ information during the course of inspection / assessment at any stage;
Performs any activity which is listed as prohibited activities on CCXLIVE.
On any other ground for which, in the opinion of CCXLIVE, the retention of the seller or any of its offered product in CCXLIVE is not in Public Interest.
Note: The grounds mentioned above are illustrative only. Users are also advised to read the list of prohibited activities published on the website.
Notwithstanding anything contained in the GTC, CCXLIVE reserves the right to cancel or annul the registration of any Seller or remove any of the Good/Services listed by a Seller on the CCXLIVE Website to comply with any provision of the Applicable Laws and / or Court Orders.
CCXLIVE may take an administrative action in terms of the CCXLIVE Website Policies against a Buyer which may include reporting of any breach or misconduct to the Buyer Primary User and/or to the competent authority and CCXLIVE reserves the right to review the rating of such Buyer, and / or block Buyer’s account for such time as considered appropriate by CCXLIVE.
The Seller and the Buyer understands that the grounds for administrative action as provided under the Contract are only indicative and additional grounds may be provided under the CCXLIVE Website Policies including the Incident ManaCCXLIVEent policy. The Seller/ Buyer warrants to abide by all additional grounds as may be specified by CCXLIVE in the CCXLIVE Website Policies from time to time.
11. Role of Prithivyam LLP owned brand and e-Marketplace – CCXLIVE
Prithivyam LLP owned brand and e-Marketplace – CCXLIVE is the owner of the CCXLIVE portal which monitors and supervises all the business transactions on the portal. The role and responsibilities of the company are as under:
To develop, operate and maintain technology driven e-marketplace, to be used by the Buyers and Sellers.
Overall supervision and monitoring of CCXLIVE portal operations, policy management, finalization and implementation of various business processes and workflows in adherence with the applicable law and executive orders issued from time to time.
To work continuously for improvements in the Business Processes and Workflows for various activities / functions on CCXLIVE based on feedback from various stakeholders to enhance transparency, efficiency, competitiveness, equality, economy in procurement of goods and services by government agencies.
To finalize General Terms and Conditions for sale and purchase of EPR Credits and Services on CCXLIVE, Product / Service Specific Special Terms and Conditions, Special Terms and Conditions for Bunching of EPR Credits, Bid Specific Special Conditions, Project Specific Special Conditions etc.
To issue Notices, Circulars, News, Flashes, Updates etc in CCXLIVE
Reporting and MIS mechanism in CCXLIVE
Any other related activities in the CCXLIVE
In exceptional circumstances, for ensuring propriety of procurement processes or to obviate possible misuse of CCXLIVE functionalities, CCXLIVE as CCXLIVE Admin may keep any Bidding / RA process on hold for some time as considered appropriate.
To take approved User Charges from Buyers and Sellers for the various transactions on the CCXLIVE portal as decided and notified on the CCXLIVE portal.
12. Miscellaneous Provisions
Assignment: Users understand and agree that the GTC, rights and obligations granted by CCXLIVE are non- transferable or assignable by the User to any third party, without the prior written consent of CCXLIVE.
If the same is permitted by CCXLIVE, all the conditions, rights and obligations of the GTC shall also be binding upon such third-party assignee besides the User.
Indemnification: Buyers and Sellers agree to indemnify, defend and hold harmless CCXLIVE, its officials, Managed Service Provider (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with
Breach of the contract(s); or Any claims made by any third party due to, or arising out of, or in connection with, use of the Website; or Any claim made by any third party regarding content/ information or materials provided by Seller cause any damage to a third party; or arising out of, or in connection with, use of the Website.
Severability: If due to any change in Applicable laws, certain part of the GTC or any applicable STC or any provisions of the CCXLIVE policies or portions thereof, becomes unenforceable, the remaining provisions shall continue in full force and effect so as to give effect to the intent of the parties.
Website Terms and Policies Updation: Buyers and Sellers are advised to check the website terms and conditions as well as policies such as Privacy Policy and the Website Disclaimer at all times, as CCXLIVE may update the Website and such terms from time to time.
