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Tender period |
13th, 14th and 15th days of
contract expiry month by 6:00 p.m. on each day.
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Pay-in of commodities
(delivery by seller member) |
On tender days i.e. 13th,
14th & 15th days of the contract expiry month. |
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Delivery Period |
16th to 22nd days of the contract
expiry month |
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Pay-in of funds |
Within 2 days from the date
of receipt of delivery with MCX certification. |
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Pay-out of
funds and commodities (delivery to buyer member) |
90% on the day following the
pay-in of funds and balance once buyer confirms
picking up delivery from seller's designated place
or seven days following the pay-in whichever is
earlier. It is the seller's responsibility to
keep goods in good condition till such seven days. |
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DELIVERY LOGIC |
SELLER'S OPTION.
If the seller does not wish to give delivery,
then there will be no penalty on the seller and
the contract will be settled as per the Due Date
Rate. However, if the seller submits intention
to give delivery, and thereafter he fails to give
delivery or if his delivery is rejected because
of non conformity to quality specification, then
he will be charged a penalty of 3% out of which
90% of such penalty shall be passed on to the
buyer. |
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Delivery Lot |
24 candy (50 bales - 85 quintals)
with tolerance limit of 0.75 quintals (weight
of each bale should be 170 kg with tolerance limit
of 15 kg). |
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Odd Lot treatment |
Not Applicable |
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Mode of Communication |
Fax or Courier |
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Margin during
tender and delivery period |
25% on the outstanding position. |
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Exemption from
margin during tender and delivery period |
Margin is exempted on receipt
of documentary evidence (viz., Warehouse Receipt
and Quality Certificate) of tendering delivery
with the Exchange during tender days |
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Delivery Order Rate |
At due date rate as decided
on the expiry day. |
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Delivery Center |
Deliveries can either be effected
from the factory or godown where the Cotton is
either ginned or pressed (i.e. producer's own
godown where the goods are produced) or Govt.
warehouse within the vicinity of the factory (STC
warehouse or CWC godown within the taluka-district
out of Octroi limits, if applicable) from the
following designated centers |
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Surendranagar,Wadhwan,
Lakhtar, Limbdi, Dhangadra,Viramgam, Kadi, Harij
and Bawla
While the delivery can be effected from any location,
however this will be subject to deduction of freight
from the place of delivery to Surendranagar. The
following freight deduction will be applicable.
In case any dispute, Exchange's decision will
be final.
- Within 31-70 Km of Surendranagar
Municipal limit- Rs. 10 per bale shall be deducted
from seller's account
- 70 Km and above of Surendranagar
Municipal limit -Rs. 20 per bale shall be deducted
from seller's account
Each delivery order issued shall be in multiples
of minimum delivery lots and shall be designated
for only one delivery center and one location
in such center. The tenderer of delivery order
shall also disclose the identity of the Member
/ Registered Non Member who shall be performing
the delivery. The seller shall not issue delivery
order at a place where there is restriction against
movement of goods. In case, the seller is unable
to give permit to the buyer, the same would be
treated as No-Delivery and he shall be liable
to pay such penalty as may be applicable for failure
to tender delivery. |
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Legal Obligation |
The members will provide appropriate
tax forms wherever required as per law and as
customary and neither of the parties will unreasonably
refuse to do so. |
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Warehouse,
Insurance and transportation charges |
Borne by the seller upto pay-out
date of funds or delivery, whichever is earlier.
Borne by the buyer after payout date of funds
or delivery, whichever is earlier. |
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Taxes, Duties, Cess &
Levies |
Buyer pays the Sales Tax or
submits relevant form, whereas all other charges,
levies or APMC Cess applicable at the delivery
center will be on account of sellers. The buyer
will pay VAT, if implemented in the state where
the delivery center is located. In case of Inter-State
movement, buyer has to submit requisite forms
or pay CST as applicable. Post lifting delivery
all charges are borne by the buyer. |
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Weighment
at the time of delivery
and treatment of short delivery or excess delivery. |
Weighment will be done by independent
surveyor which will be final. Buyer may send his
representative while surveyor is weighing and
drawing the sample to supervise the Surveyor is
following the right procedure as mentioned by
MCX. In case of non-availability of buyer's representative,
the seller shall claim and receive compensation
for delay in delivery in terms of warehouse charges,
insurance charges etc. as decided by Exchange.
Delivery shall be treated as complete if the seller
delivers the quantity within the limits as prescribed
by the exchange. Delivery will be rejected if
it is below the minimum permissible limit. In
case the delivered quantity exceeds the maximum
permissible limit the balance quantity shall be
treated as excess.
In case of shortage in delivery,
the buyer shall be entitled to claim the difference
between the price payable as per the delivery
order and the market price on the date of delivery
from the seller if the spot market price is higher.
Similarly, in case of excess delivery the buyer
will pay for the excess quantity at the delivery
order price or the spot market price on the date
of delivery, whichever is lower. |
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Transfer of delivery |
Warehouse receipt(s) shall
be endorsed in the name of the buyer on completion
of delivery pay-in and pay-out |
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Warehouse
Charges, Insurance Charges & Transportation
Charges |
Borne by the Seller upto Payout
Date of funds or Delivery whichever is earlier.
Borne by the Buyer after Payout Date of funds
or Delivery whichever is earlier. |
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Adjustment
of transportation cost for delivery made at a
center other than Mumbai |
The seller will bear the cost
of transportation from the center where the delivery
is actually made and upto Surendranagar for any
delivery made at a center other than Surendranagar
as per the abovementioned rule. |
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Endorsement
of Delivery Order |
The buyer member can endorse
delivery order to a client or any third party
with full disclosure given to MCX. Responsibility
for contractual liability would be with the original
assignee. |
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Extension
of Delivery Period |
As per exchange decision due
to a force majeure or otherwise |
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Due Date Rate |
Exchange shall take spot prices
from a panel of different entities from spot market
and shall compute the daily average price from
the prices taken on a day from different entities.
Due date rate will be calculated by way of taking
simple average of last 3 days of the spot market
prices so computed. Prices taken from the panel
member shall be Ex-Surendranagar excluding all
taxes. |
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Applicability
of Business Rules |
The general provisions of
Business Rules & decisions taken by FMC/ Board
/ Executive Committee in respect of matters specified
above will apply mutatis mutandis. The Exchange
may further prescribe additional measures relating
to delivery procedures, warehousing, Quality Certification,
Margining, risk management from time to time.
In case of any interpretational dispute or clarifications
the decision of the Exchange shall be final and
binding on the members and others. |
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Steps
to be followed for delivery |
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Intention of
delivery by buyers |
13th, 14th and 15th days of
contract expiry month by 6:00 p.m. |
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Tender notice
by seller |
13th , 14th and 15th days
of contract expiry month by 3:00 p.m.The tender
notice in legal parlance would mean just an intention
of making delivery and not an actual sale. Members
shall not square off his outstanding position
to the extent of tendered quantity and such tender
notice shall be submitted to the exchange in the
format specified along with proof of delivery. |
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Dissemination
of Information on Tendered Delivery on Trader
Work Station. |
The Exchange will inform members
through trader workstation regarding tender and
delivery intentions of the buyer members and the
seller members upto 7.00 p.m. on the tender days. |
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Buyer's Inspection |
The buyer can do the quality
testing once through an Exchange Designated Certifier
if deemed suitable, in case there is any difference
between the two certificates of the Seller &
Buyer, then they can negotiate a price and mutually
settle the contract, failing which the exchange
would send a third sample to another Quality Certifier,
which will be binding on both parties. |
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Buyer's Obligation |
Buyer has to take allocated
delivery failing which 3% penalty is levied against
him out of which 90% will be passed on to the
seller. Further, the buyer will not have any option
about choosing the place of delivery and will
have to accept the delivery as per allocation
made by the Exchange. Once a delivery is allocated
to Buyer, he shall not square off his outstanding
open position. |
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Lifting of Delivery |
Within 7 days from delivery
allocation date subject to taking delivery of
at least 1/7th of total delivery allocated on
each day. In case a Buyer fails to lift delivery
within aforesaid days, the seller shall claim
compensation in respect of warehouse charges,
insurance charges, etc. Similarly, if seller fails
to give delivery on the scheduled date because
of non availability of seller's representative,
the buyer shall claim and receive compensation
@ Rs. 50/- per delivery lot each day till default
continues. The buyer and seller will indicate
to each other about delivery schedule of the said
commodity with a copy to MCX within 1 day of getting
delivery document. |
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Delivery Confirmation |
By the buyer within 7 days
from the date of receipt of delivery orders. In
case not received, then the delivery is deemed
to have been accepted, provided the buyer has
raised any objection and the Exchange has accepted
the objection, subject to final decision. |
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Allocation of Delivery |
Delivery is allocated on 15th
day of the contract expiry month after closure
of market - first amongst the willing buyers and
then amongst the other buyers. |
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Delivery Order |
Delivery Order will be submitted
in specified format giving details of Members
/ Registered Non-Members who shall perform delivery.
The delivery can be effected from exchange designated
warehouse or from seller's factory or godown where
the Cotton is either ginned or pressed. The procedure
followed for drawing samples and carrying out
test analysis shall be as per EICA Bye-Laws. Delivery
order once submitted cannot be withdrawn or cancelled
or changed unless so agreed by MCX in writing.
Members tendering the delivery order shall clearly
specify the grade and shall be in conformity with
the surveyor's certificate accompanied with the
delivery document and cannot be changed subsequently.
MCX Certification will be final. If buyer still
wants to appeal one chance will be given but then
its Final. |
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Close out
of open Positions and Penalty on defaulting seller. |
All the open positions on
the expiry of contract will be settled as per
the due date rate and the respective pay-in and
pay-out of funds of such closed out positions
shall be effected by 11:00 a.m. on 16th day of
contract expiry month. |
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