Regulation of e-platform uz.tab.com.ua
Approved by Order of Director
of "TAB UA" LLC No. 3 as for 30.12.2016

(amended by Order of Director
of "TAB UA" LLC No. 5 as for 26.04.2017)

Contents
1. Terms and definitions
  • 1.1. The terms herein shall have the following meaning:
    • authorization – shall mean the access procedure to personal account by entering username and password;
    • margin deposit – shall mean security sum of money of 10% of the bids’ starting price that shall be deposited to the customer’s account pursuant to the margin deposit agreement to ensure compliance with the user’s obligations;
    • margin deposit agreement – shall mean an agreement to be concluded between the customer and the user on the procedure and the terms and conditions of the margin payment (return) to ensure compliance with obligations on participation in an electronic auction and supply agreement implementation;
    • electronic trading system – shall mean tab.auctions electronic trading system used by uz.tab.com.ua electronic platform, being a set of special software, technical, software and hardware packages, telecommunication and other electronic document management means and systems enabling entering, storage and processing of information required for electronic trading (auctions) management, and determination of their results;
    • electronic platform – shall mean uz.tab.com.ua electronic platform, being a part of tab.com.ua electronic platform, used to manage electronic trading (auctions) to sell scrap metals and shall be a software and hardware package to register customers and users, to obtain and deliver information and documents during auction arrangement and holding via electronic trading system online, to use automatic data exchange services that may be accessed by the Internet;
    • electronic trading (auction) – shall mean the electronic platform online procedure when the winner with the highest bid is decided, whereby the bidders may increment their bids;
    • auction customer (customer) – shall mean Public Joint Stock Company "Ukrzaliznytsia" (PJSC "Ukrzaliznytsia"), represented by its regional branches and branches;
    • identification – shall mean the verification procedure of user’s data by the electronic platform operator, carried out in case there is made an application to enter a standard form contract (offer) on electronic platform services (hereinafter referred to as the standard form contract application);
    • user – shall mean any person that uses the electronic platform;
    • bidding step – shall mean a fixed increment in the amount of 1% of the starting bid by which the starting price and each further bid is raised minimally during the auction;
    • lot – shall mean the customer’s assets unit put up for sale;
    • auction module – shall mean an integral part of the electronic trading system allowing the bidders to place their bids;
    • electronic platform operator (operator) – shall mean "TAB UA" LLC, registered according to the procedure established by the law on the territory of Ukraine and authorized to use uz.tab.com.ua electronic platform;
    • auction authority (authority) – shall mean the electronic platform operator, authorized by the customer to conduct an auction;
    • winner – shall mean a bidder, defined by the electronic trading system, as a bidder, placing the highest bid as of the moment of the auction closing;
    • starting price of the lot – shall mean the lot price, defined by the customer’s multiplying one ton of scrap metal by total amount of scrap metal put up for sale and stated in the auction request and auction announcement;
    • registration – shall mean the registration procedure of the user on the electronic platform by entering the user’s data to the electronic forms of the electronic platform and confirming the e-mail;
    • bidder – shall mean a user that has the right to be a purchaser of scrap metal according to the law of Ukraine, submitted the auction application and has been registered as a bidder;
    • lot sales price – shall mean actual amount of money the lot has been sold at. The lot sales price shall be defined by multiplying one ton of scrap metal by total amount of scrap metal put up for sale;
    • bid – shall mean the price suggested by the bidder at each auction cycle.
2. General provisions
  • 2.1. The Rules and procedures of uz.tab.com.ua electronic platform (hereinafter referred to as the Rules) shall define the operating rules of the electronic platform, details of the services provision by the electronic platform operator, the cooperation procedure between the electronic platform operator, customer and users during arrangement and holding of the electronic trading (auctions) on sale of ferrous and non-ferrous scrap and their alloys (hereinafter referred to as the scrap metal).
  • 2.2. The Rules shall be applied to all actions, carried out on the electronic platform, starting from their posting on the web-site of the electronic platform.
  • 2.3. uz.tab.com.ua electronic platform shall be an electronic platform authorized to sell scrap metal of the PJSC "Ukrzaliznytsia", represented by its regional branches and branches according to the results of the open contest of electronic trading (electronic auction) authority on sale of the scrap metal of the PJSC "Ukrzaliznytsia" and according to the concluded agreement (agreements) on cooperation in arrangement and holding of electronic trading (electronic auction) on sale of the scrap metal.
  • 2.4. Any user, who has been registered on the electronic platform, shall confirm they have learnt the Rules and accept the terms and conditions herein.
  • 2.5. The Rules shall be binding for the operator, the customer and all users of the electronic platform.
3. Terms and conditions of the services provision
  • 3.1. The electronic platform shall be used by the customer and the users to arrange, hold and participate in the scrap metal electronic auctions.
  • 3.2. The access of users to the electronic platform and provision of services by the electronic platform operator shall be based on the principles of transparency, availability and non-discrimination.
  • 3.3. The users shall have access to the electronic platform services free of charge.
    The winner shall pay a reward in the amount of 1% of the lot starting price to the operator (auction authority).
  • 3.4. The users shall have the right to participate in the auction in case they have entered into the standard form contract on electronic platform services by public offer acceptance, posted on the electronic platform web-site by reference https://uz.tab.ua/en/offer and intended for legal entities and sole proprietors at large.
  • 3.5. The following services shall be provided via the electronic platform:
    • 3.5.1. To the customer:
      • personal account creating;
      • posting of auction announcement, introduction of changes or withdrawal of auction request;
      • monitoring of information on the users, submitting the auction application;
      • documents reading and downloading of the users, having submitted the auction applications;
      • obtainment of information on the users’ applications verification;
      • electronic auction holding to get the highest bid for the property (lot) put up for sale;
      • access to the auction page to monitor the auction online without the option to place bids;
      • publication of the electronic auction results (drawing up the auction records);
      • database (electronic log) generation and support, containing information on the auction and its results, stating the time of the bids placed by the bidders and other actions on the electronic platform;
      • sending messages, getting questions from the users;
      • informational and consultancy support.
    • 3.5.2. To the user:
      • option of actions, required for participation in the electronic auction;
      • access to the information on the auction procedure and rules, auction conditions, demands to the auction bidders;
      • reviewing of the auction announcements;
      • making requests for detailed information, stated in the auction announcement, auction participation procedure etc.;
      • registration, identification and authorization on the electronic platform;
      • personal account creating;
      • submitting auction applications;
      • change of the auction application and/ or its withdrawal;
      • access to the auction page to monitor the auction online without the option to place bids;
      • access to the auction module with the option to place bids (for the auction bidders);
      • option of the auction log review and downloading;
      • automatic registration of all actions on the electronic platform in a special database (electronic log);
      • informational and consultancy support.
  • 3.6. The electronic platform operator may provide any additional services, including on a fee paid basis.
4. Registration and identification
  • 4.1. To participate in the auction on the electronic platform one shall be obligatory registered.
  • 4.2. Registration on the electronic platform shall be free of charge.
  • 4.3. To be registered the user shall:
    • fill in registration form in Registration tab;
    • confirm their e-mail address clicking through the reference in the e-mail received to the e-mail address provided in the registration.
  • 4.4. While filling-in the registration form, the user shall provide the following information:
    • country;
    • code according to the USREOU (legal entity)/individual tax number (sole proprietor) or passport series and number in case a person refuses to get registration number of the taxpayer’s record card due to religious beliefs /other registration code (non-resident);
    • type of business incorporation;
    • contracted and full name (legal entity)/ full name (sole proprietor);
    • legal and postal address;
    • contact person.

    The fields, marked by an asterisk are required during registration form filling in. Information filled in by the user shall be automatically verified by the electronic trading system. In case incorrect data are entered, there shall be given prompt messages highlighted in red.

    To be registered the user is required to confirm that they have learnt the provisions of the standard form contract (offer) on the electronic platform services, agree to be bound by the terms and conditions of the Rules and privacy policy, that is made by the relevant marking during the registration.

  • 4.5. The registered user shall get access to their personal account that may be logged in by authorization – entering username corresponding to the e-mail address of the user, and a password, created by the user during the registration.
  • 4.6. The registered user may introduce any changes to their registration data, except for the USREOU code/ ITN/ other registration code.
  • 4.7. The user’s registration may fail in case they provide any e-mail address, used by the other registered and/ or identified user, or the USREOU code/ ITN/ other registration code, used by any identified user. Information on the registration failure shall be notified to the user during the registration form filling in (correction).

    In case the registration fails, the user shall have the right to apply to the operator, providing the relevant supporting information and documents.

  • 4.8. To participate in the auction the registered user shall go through the user’s identification process on the electronic platform.
  • 4.9. Identification shall be carried out as follows:
    • downloading of the standard form contract application sent to the registered user’s e-mail address;
    • filling in of the standard form contract application, mailing of its scanned copy to contracts@tab.com.ua;
    • verification of the user’s registration data and information provided in the standard form contract application by the electronic platform operator;
    • confirmation of the user’s identification by the operator.
  • 4.10. The electronic platform operator shall verify the registration data and information provided in the standard form contract application not later than within one working day as of the application receipt.
  • 4.11. To verify the registration data and information provided in the standard form contract application, the operator shall be authorized to request certified paper copies of the supporting documents from the user. In such a case the term, stated in paragraph 4.10 hereof, starts on the day of the documents receipt.
  • 4.12. The user’s identification may fail on the following reasons:
    • there is an identified user of the electronic platform with the stated USREOU code/ ITN/ other registration code;
    • information, provided in the user’s registration data do not correspond to the information, provided in the standard form contract application;
    • information, provided in the registration data or standard form contract application, is unreliable.

    In case the user’s identification fails, the user shall have the right to apply to the operator providing the relevant supporting information and documents.

  • 4.13. The user’s registration/ identification may be ceased or cancelled by the electronic platform operator in case the user violates requirements hereof or contract obligations.
  • 4.14. Any actions, carried out by the identified user, shall be considered as the user’s actions and shall assign the relevant rights and obligations to them.
  • 4.15. To be registered, the customer shall provide the operator with any information, required for the customer’s profile.

    The operator shall provide the customer with a username and password to its personal account, thereby the customer may change the password at any time individually.
    The details of the customer’s registration shall be defined by the agreement provisions between the electronic platform operator and the customer.

5. Rights, obligations and liability of the operator
  • 5.1. The operator shall be authorized to:
    • claim from the users and the customers compliance with the provisions hereof and their agreement obligations during the auction management;
    • verify reliability of the information, provided by the user or the customer in the cases, stated herein;
    • limit access of the user or the customer to any electronic platform services in case they disregard the provisions hereof, and in case of their unauthorized access to the electronic trading system, as well as any other circumstances hindering operation of the electronic platform, to cease or deny their access to the electronic platform until the situation causing the access limitation or denial is completely resolved;
    • update, modify the electronic platform, and change or add any system information without prior notice;
    • obtain reward of the operator (auction authority);
    • define and provide any additional services, including on fee paid basis;
    • use the user’s name in the list of the electronic platform users, posted for public review on the electronic platform, as well as to use information on cooperation with the user;
    • publish information on the electronic platform, its tools and services in any printed and electronic editions, including for advertising purposes, and publish information on certain lots or electronic platform in general;
    • provide recommendations to the users concerning proper operation on the electronic platform;
    • introduce any changes and additions hereto;
    • carry out other actions in compliance with the law of Ukraine and hereto.
  • 5.2. The operator shall be obliged to:
    • ensure unimpeded actions of the customer and the users on the electronic platform, required for the auction;
    • provide services, defined in paragraph 3.5 hereof, on the principles of transparency, availability and non-discrimination;
    • ensure compliance of the electronic platform with the requirements, set by the PJSC "Ukrzaliznytsia" during open contest of the electronic trading (electronic auction) authority on sale of the scrap metal of the PJSC "Ukrzaliznytsia";
    • in case there are introduced any amendments to the law of Ukraine, affecting the auctions process, to bring performance and options of the electronic platform and/ or provisions hereof in line with the relevant amendments;
    • generate and support special database (electronic logs), containing information on applications submission, their verification, users’ access to the auction, the auction process and results, stating the time of the bids placing and other actions on the electronic platform;
    • provide technical and consultancy support of the customer and the users according to the provisions hereof;
    • post information that may affect rights and obligations of the customer and the users on the electronic platform in time;
    • check reliability of the users’ identification information;
    • perform other functions, defined hereby.
  • 5.3. The operator shall be liable for:
    • reliability of information they post on the electronic platform, incorrect information posted, including that of offensive nature, incorrect actions, inflicting harm to other persons, and shall be obliged to compensate for damage and/ or losses inflicted by such actions;
    • failure to comply with the Rules that lead to violation of any third persons’ rights, thereby compensation of the damage and/ or losses in full amount shall be obligatory.
6. Rights, obligations and liability of the customer
  • 6.1. The customer shall be authorized to:
    • use the electronic platform to manage the scrap metal auctions according to the provisions hereof and contract obligations of the customer and the operator;
    • claim from the operator compliance with the provisions hereof and their agreement obligations;
    • submit auction requests, introduce changes hereto or withdraw them, as well as cancel the auction process;
    • request technical and consultancy assistance from the operator if needed.
  • 6.2. The customer shall be obliged to:
    • use the electronic platform according to the provisions hereof;
    • perform any actions, required for posting of auction announcement, conclusion of margin deposit agreement, verification of the users’ applications, including confirmation of the users’ margin deposit receipt (failure to receive) in time and in full amount;
    • assure complete availability of the scrap metal for sale, including to assure availability of all documents and materials, required for the scrap metal sale according to the law of Ukraine;
    • post reliable and full information on the electronic platform.
  • 6.3. The customer shall be liable for:
    • reliability of information posted or provided for posting on the electronic platform, incorrect information posted, including that of offensive nature, incorrect actions, inflicting harm to other persons;
    • non-disclosure and security of their username and password, for any losses that may be caused by unauthorized use of the data by any third persons, including for any actions of the third persons with the customer’s username and password use;
    • failure to comply with the Rules that lead to violation of any third persons’ rights, thereby compensation of the damage and/ or losses shall be obligatory.
7. Rights, obligations and liability of the user
  • 7.1. The user shall be authorized to:
    • claim from the operator compliance with the provisions hereof and their agreement obligations;
    • use the electronic platform for registration, identification, review of the announcements, auction applications submission, monitoring and participation in the auction, as well as for any other tasks according to the procedure and on the terms and conditions, defined hereby;
    • get technical and consultancy assistance from the operator according to the provisions hereof;
    • get the operator’s explanations on the reasons of refusal of registration/ identification on the electronic platform, registration as an auction bidder and reasons for cancellation of the auction bidder registration;
    • rectify defects (if possible), causing refusal of registration/ identification on the electronic platform, registration as auction bidder.
  • 7.2. The user shall be obliged to:
    • comply with the provisions hereof;
    • assure non-disclosure of the registration data (username and password). Shall any suspicion of their unauthorized use by any third persons arise, the user shall immediately inform the operator thereon;
    • timely update information, provided in the registration in case the information changes;
    • provide the operator with any paper copies of the supporting documents in cases, defined hereby.
  • 7.3. The user shall be liable for:
    • reliability of information they post on the electronic platform, incorrect information posted, including that of offensive nature, incorrect actions, inflicting harm to other persons, and shall be obliged to compensate for damage and/ or losses inflicted by such actions;
    • non-disclosure and security of their username and password, for any losses that may be caused by unauthorized use of the data by any third persons, including for any actions of the third persons with the user’s username and password use;
    • failure to comply with the Rules that lead to violation of any third persons’ rights, thereby compensation of the damage and/ or losses shall be obligatory.
8. Indemnity clause
  • 8.1. The operator shall not be liable for:
    • any delays or failure to fulfill their obligations or authorities by the customers and users according hereto, caused by any technical failures, arisen due to defects or breakage of equipment, communication or energy supply systems of the customer or user;
    • any losses and damages, suffered by the customer or the user due to inadequate hardware package, required for operation on the electronic platform, in particular:
      • no computer equipped by the required set of software and hardware options, corresponding to the requirements for operation on the electronic platform;
      • available software and hardware limitations and settings in the user’s computers, preventing them from proper operation on the electronic platform;
      • failure to operate due to computers infection by malware (viruses);
      • defects in the network infrastructure operation, leading to the Internet cutting out and preventing them from proper operation on the electronic platform;
      • defects in the network systems operation and limitations, set by the provider used the customer or the user, as well as failures in the provider’s hardware package leading to uncontrolled and unexpected Internet cutting out and preventing them from proper operation on the electronic platform;
    • illegal use of the customer’s or user’s username and password by any third persons;
    • any losses or damages, suffered by the customer or user in case they arise due to their failure to comply with the provisions hereof (including username and password security) that leads to the third persons’ actions, making the customer or user undertake any additional, excessive, enhanced or unplanned obligations;
    • contents of any information, posted by the users on the electronic platform;
    • actions of the users at any electronic auction phase;
    • conclusion procedure (failure to conclude) an agreement between the customer and the winner, for fulfillment of mutual obligations according to the terms and conditions thereof;
    • any damage or losses, suffered by the customer, user or any third persons due to misunderstanding or bad understanding of the Rules;
    • any customer’s actions (messages) on failure to receive the user’s margin, causing withdrawal of the user’s registration as an auction bidder;
    • any customer’s actions (failure to act) concerning margin deposit agreement conclusion;
    • timely information display on the customer’s or user’s PC, its processing and use by the electronic trading system in case of inadequacy (insufficiency) of the hardware package, data rate of the customer or user etc.
9. Auction phases
  • 9.1. The auction management procedure shall include the following phases:
    • preparations for holding the auction;
    • posting of auction announcement;
    • submission of applications and admission to the auction;
    • auction holding and auction results presentation;
    • conclusion of supply agreement.
10. Preparations for holding the auction
  • 10.1. To post the auction announcement on the electronic platform the customer shall submit an auction request to the operator according to the procedure, defined in the agreement between the customer and the operator.

    The customer shall have the right to submit the auction request provided there is concluded an agreement on cooperation in management of the electronic trading (electronic auction) on sale of the scrap metal.

  • 10.2. The request shall obligatory contain the following information:
    • type of the scrap metal (according to the State Standards of Ukraine (ДСТУ) 4121-2002 – for ferrous scrap, according to the State Standards of Ukraine (ДСТУ) 3211:2009/ all-union State Standards (ГОСТ) 1639:2009 – for non-ferrous scrap, waste and their alloys)
    • name and description of the scrap metal (according to the State Standards of Ukraine (ДСТУ) 4121-2002 – for ferrous scrap, according to the State Standards of Ukraine 3211:2009/ all-union State Standards (ГОСТ) 1639:2009 – for non-ferrous scrap, waste and their alloys);
    • scrap metal amount;
    • starting price of the lot (per ton and total price);
    • holder of the property;
    • access to the property (if the access is provided - the procedure of access and contact details of the person in charge);
    • terms of supply;
    • terms of payment;
    • announcement date;
    • procedure of the margin payment and customer’s banking details;
    • customer’s contact person;
    • additional information on the property (lot).
  • 10.3. The following documents shall be attached to the request:
    • draft supply agreement;
    • draft margin deposit agreement;
    • other documents (files) (if any).
  • 10.4. The request shall be submitted not later than one working day before the date fixed for the announcement posting.
    A request form shall be agreed by the customer and the operator.
  • 10.5. If there are a few auctions, there shall be submitted a separate request for each auction.
  • 10.6. The customer shall introduce any changes or withdraw of auction request at any time before the announcement is posted on the electronic platform or in any other printed media by sending a notice to the operator according to the procedure, defined by the customer and operator.
11. Posting of auction announcement
  • 11.1. The operator shall generate the auction announcement on the basis of the request received from the customer.
  • 11.2. Draft announcement shall be agreed by the operator and the customer according to silence procedure as defined by the customer and the operator.
  • 11.3. An announcement shall be posted on the electronic platform main page and shall contain the following information:
    • General (common) tab: lot ID number; scrap metal type; starting price of the lot (per ton and total price); announcement date; term for applications submission; auction date; user’s application status (in case it is submitted); number of the submitted applications and auction bidders;
    • "Lot description" tab: name and description of the scrap metal; scrap metal amount; holder of the property; terms of supply; terms of payment; access to the property (if the access is provided - the procedure of access and contact details of the person in charge); customer information; operator (auction authority) information. The tab may also contain any additional information on the lot (property) by the customer’s decision;
    • "Auction" tab: auction type; starting price of the lot (per ton and total price); bidding step; margin amount and its payment procedure; operator’s (auction authority’s) reward;
    • "Auction rules" tab: auction terms and conditions (formalities, procedure, term, instructions etc.);
    • "Documents" tab – draft supply agreement; margin deposit agreement; other documents (files) (if any).

    The procedure of information posting in the tabs, its change and presentation shall be defined by the operator individually and shall not require any amendments thereto.

  • 11.4. Information on the bidding step, margin amount and operator’s reward shall be presented in percentage from the starting price of the lot and counted in monetary units.
  • 11.5. Announcement shall be posted by the electronic trading system automatically at 00:00 on the day, defined by the customer.
  • 11.6. Announcements shall be open for all users of the electronic platform with no need for registration.
  • 11.7. Posted announcement shall activate "Submit an application" link, thereby the identified and authorized users shall be able to submit an auction application.
  • 11.8. If a non-identified and/ or non-authorized user follows "Submit an application" link, the electronic trading system shall suggest finishing the identification or authorization process on the electronic platform.
12. Submission of applications and admission to the auction
  • 12.1. Auction application shall be submitted pursuant to the electronic platform operation, defined in paragraph 15 hereof.
  • 12.2. The application submission shall last seven working days and shall be closed at 24:00 of the seventh working day as of the announcement date.

    By the customer's decision application period may be less than seven days, but in any case at least three working days from the date of auction announcement.

    By the customer's decision application period may be extended to three working days. When such decision is made the customer (according to section 15.5 of this Regulation and specified in the contract between the customer and the operator procedure) sends a request to the operator at any time after the publication of auction announcement before the applying is finished.

    The customer has the right to amend or supplement the draft of supply agreement, the draft of guarantee fee agreement or any other documents (files) (according to section 15.5 of this Regulation and specified in the contract between the customer and the operator procedure) at any time after the publication of auction announcement before the applying is finished. In this case, the electronic trading system automatically informs members and extends applying time for three working days. Previous versions of documents (files) are stored and available for viewing.

    In case of applying period extension the operator shall immediately inform the bidders.

  • 12.3. To participate in an auction the user shall:
    • be registered and undergo identification procedure on the electronic platform according to paragraph 4 hereof;
    • conclude a margin deposit agreement with the customer;
    • pay margin;
    • submit an auction application;
    • be granted the status of an auction bidder.
  • 12.4. To conclude a margin deposit agreement, the user shall download draft agreement in "Documents" tab from the lot page, sign it according to the established procedure and send its scan copy or paper copy to be signed by the customer.

    The customer shall send a signed scan copy of the margin deposit agreement to the user not later than on the working day following the day of receipt of the scan copy or paper copy of the draft margin deposit agreement signed by the user.

  • 12.5. The margin shall be paid according to the procedure, established by the margin deposit agreement, concluded between the customer and the user beyond the electronic platform.

    The margin shall be paid before expiration of the application term, stated in the auction announcement, and shall be considered as paid as of the moment of its crediting to the customer’s banking account.

  • 12.6. To submit an auction application the identified user shall be authorized on the electronic platform and shall follow "Submit an application" link on the chosen lot page.
  • 12.7. Following "Submit an application" link shall inactivate a screen form for application submission whereby the user’s auction application shall be accepted and a copy of the billing document (bank transfer order), confirming margin payment, shall be downloaded.
  • 12.8. Submission of an auction application by the user shall be automatically confirmed by the electronic trading system and an e-mail stating the exact date and time of the application submission shall be sent to the user at the same time, thereby status "An application is being checked by the auction authority" shall be generated on the lot page and the user’s personal account..

    Information on the date and time of the user's application receipt, user's profile, downloaded documents and application state shall be automatically displayed in the customer's personal account and shall be available for review and downloading.

  • 12.9. The operator shall verify compliance of an application and a copy of the billing document (bank transfer order) with the registration and identification data, as well as verify reliability of the provided information.
  • 12.10. Not later than on the next working day and depending on the verification results, the operator shall:
    • register the user as an auction bidder and e-mail a notice on the registration as an auction bidder at the same time. "Registered as an auction bidder" status shall be generated on the lot page and the authorized user's personal account.
    • make a decision and e-mail on refusal to register as an auction bidder that shall be subject to the customer's approval. Thereby "Registration as an auction bidder failed" status shall be generated on the lot page and the authorized user's personal account.

    In case an application is submitted on the last day of the application submission term, the registration of a user as an auction may be allowed not later than on the next working day but before the auction date in all circumstances.

  • 12.11. Decision on refusal of the user's registration as an auction bidder may be made on the following reasons:
    • undue proofs of the margin payment provided;
    • unreliable data detected;
    • detected incompliance of the user's registration data, data, provided during identification and data, stated in a copy of the billing document (bank transfer order), confirming margin payment;
    • an application submitted by the user that may not be a scrap metal buyer according to the law of Ukraine.

    A notice on refusal of the user's registration as an auction bidder shall be sent to the user not later than the working day following the decision day, stating the reasons for such decision.

    In case the violations, causing the decision on refusal of the user’s registration as an auction bidder may be corrected, the user shall have the right to correct the violations before expiration of the auction application term and re-submit an application and inform the operator on the taken measures.

  • 12.12. The customer shall check crediting of the user's margin to their account and shall immediately inform the operator on such crediting.

    The operator shall immediately inform the user on crediting of the user's margin to the customer's account upon being informed by the customer.

  • 12.13. In case any user's margin fails to be credited two hours before the auction, the customer shall immediately inform the operator that shall withdraw registration of the user as an auction bidder not later than one hour before the auction and send the relevant notice to the user.

    In case there is credited a margin of the user, whose registration as an auction bidder has been withdrawn, it shall be repaid to the user in full within five banking days as of the day of a refund claim receipt.

    If the customer provides no information on failure to receive any user's margin two hours before the auction, the margin shall be considered as paid by the user.

  • 12.14. Information on the users, submitted an auction applications and any documents downloaded by them shall be restricted till the auction closing for any persons, except for the operator and customer, ensuring the information is treated in a confidential manner.

    Information on the number of the submitted applications and number of the registered auction bidders shall be available on the lot page.

  • 12.15. The user shall have the right to change or withdraw their application at any time before expiration of the auction applications term, thereby a margin they have paid shall be refunded in full within five banking days as of the day of a refund claim receipt.
  • 12.16. In case it is needed to introduce any changes to the auction application (download any corrected or additional documents) the user shall follow "Change" link on the lot page in the user’s personal account before expiration of the auction applications term.
  • 12.17. In case it is needed to withdraw an auction application, the user shall follow "Withdraw" link on the lot page in the user’s personal account before expiration of the auction applications term.

    Thereby "An application has been withdrawn by the user" status shall be generated on the lot page and the authorized user's personal account.

    In case an application is re-submitted, the previous application and documents shall not be active (however they are kept for review).

  • 12.18. In case there are submitted less than two auction applications as of the time of their application term expiration, the electronic trading system shall automatically declare the auction void and send the relevant notice to the user submitting the auction application (if any).

    "Void" status shall be generated on the lot page.

  • 12.19. An auction application shall be submitted for each auction separately.
  • 12.20. The users may consult the electronic platform support and customer's service during the auction application term.
13. Auction holding and auction results presentation
  • 13.1. Scrap metal shall be sold in the form of a public on-line electronic ascending bid auction.
  • 13.2. The auction date shall be automatically stated by the electronic trading system in one working day following the end day of the auction application term.

    In case the auction date is on a non-working day or holiday, it shall be rescheduled on the next working day.

    The auction shall be held from 11 a.m. till 1 p.m. In case the last bid is placed less than five minutes before its closing, the auction shall be automatically prolonged for ten minutes as of the time of its placement, it shall be made each time upon the last bid placement.

  • 13.3. In an hour before the auction the electronic trading system shall automatically verify the number of the registered auction bidders and:
    • declare the auction void – in case less than two users have been registered as the auction bidders;
    • confirm sufficient number of the auction bidders and generate a link to the auction page (auction module) – in case two or more users have been registered as the auction bidders.
  • 13.4. The registered auction bidders shall receive a link to the auction page by e-mail and via the personal account; the link shall open access to the auction module on condition of the authorization.
  • 13.5. The auction module shall reflect information, required for participation in the auction lot registration number; scrap metal type; starting price of the lot (per ton and total price); number of the auction bidders’, server time, time of the auction opening and closing; bidding step in percentage and monetary form; auction currency.
  • 13.6. The auction is held in the way the bidders place their bids exceeding the starting price of the lot or previous bid not less than the bidding step, making up 1% of the starting price of the lot.

    The bids shall be placed for the price of one ton of the scrap metal, thereby total current price of the lot shall be displayed automatically.

    The bids may be placed in UAH or in USD or Euro in its monetary equivalent. To define the exact amount of the bid, placed in USD or Euro, the electronic trading system shall use a bid in UAH.

    A bid, price per one ton of the scrap metal and total current price of the lot, bidding step in foreign currency shall be calculated by the electronic trading system automatically according to the official rate of the National Bank of Ukraine as of the auction date.

    The auction bidders shall be authorized to place unlimited number of bids before the auction term expiration.

    One user may not place a bid twice in succession.

  • 13.7. Any information on the auction bidders shall be restricted till the auction closing, except for information on their number and order numbers.

    The auction bidders shall have access to the information on their own order numbers and bids of other bidders according to the order numbers, defined by the electronic trading system.

  • 13.8. The auction shall be open for monitoring by any user of the electronic platform online with no need for registration without the option to place bids.
  • 13.9. A bidder, placing the highest bid as of the moment of the auction closing shall be decided the winner.
  • 13.10. An auction shall be declared void if:
    • there are submitted less than two auction applications as of the time of their application term expiration;
    • less than two users have been registered as the auction bidders;
    • there are no bids from the bidders as of the time of the auction closing.

    In case the auction is declared void, "Void" status shall be generated on the lot page.

  • 13.11. The auction results shall be cancelled if:
    • a winner refuses to sign the auction record and/ or conclude a supply agreement;
    • a supply agreement has not been concluded within ten working days as of the day of the auction record signing.

    In case the auction results are cancelled, "Auction results are cancelled" status shall be generated on the lot page.

  • 13.12. Upon the auction is closed, the electronic trading system shall automatically disclose and display information on the auction bidders (name and USREOU code/ ITN/ other registration code), draw and post the auction record on the auction date. "Closed" or "Void" status shall be generated on the lot page..

    The auction record shall be automatically sent to the customer and the auction bidders and shall be available for monitoring and downloading from the auction page.

    The auction record shall include the following information:

    • lot ID number;
    • scrap metal type and description;
    • scrap metal amount;
    • starting price of the lot (per ton and total price);
    • lot sales price (per ton and total price);
    • auction date and time;
    • bidding step;
    • auction bidders;
    • winner;
    • bids, stating the time of their placement by the bidders;
    • reason for declaring the auction void (if any);
    • date of the auction record.

    Other information may be included to the auction record.

  • 13.13. The customer shall be entitled to cancel the auction at any phase but not later than two hours before the auction, stating the reason for its cancellation.

    In case the customer cancels the auction, the operator shall immediately inform the users thereon.

    In case the customer cancels the auction "Auction is cancelled by the customer" status shall be generated on the lot page.

14. Supply agreement conclusion
  • 14.1. A supply agreement shall be concluded between the customer and the winner beyond the electronic platform according to the procedure established by the law pursuant to the auction record, signed by the winner, operator and customer within ten working days as of the day of the auction record signing.
  • 14.2. The winner shall sign the auction record in three counterparts within three working days as of the day of its posting on the electronic platform and provide it to the operator with the documents, confirming the operator’s (auction authority’s) reward payment.

    To sign the auction record, the winner may download it from e-mail, their personal account or the auction page.

    In case the winner refuses to sign the auction record, the operator shall draw up a refusal report and the auction results shall be cancelled.

  • 14.3. The operator shall sign counterparts of the auction record not later than on the working day following the day of their receipt and provide them for signature by the customer.

    The customer shall sign the auction record counterparts not later than in two working days as of the the day of their receipt and return one counterpart for the winner and operator each.

    The operator shall be entitled not to sign and send the auction record to the customer until they receive confirmation the winner has paid the operator's reward.

  • 14.4. Upon the auction closing or declaring its void the paid margins shall be refunded to the auction bidders in full, except for the winner, within five banking days as of the day of a refund claim receipt.

    In case the winner refuses to sign the auction record and/ or conclude a supply agreement, the margin and/ or operator’s reward paid shall not be refunded.

    In case a supply agreement is failed to be concluded not due to the winner’s fault, the margin paid shall be refunded to them in full within five banking days as of the day of a refund claim receipt.

    In case the customer cancels the auction, the margins paid shall be refunded to all users in full within five banking days pursuant to a refund claim receipt.

15. Operation hours of electronic trading platform
  • 15.1. The electronic platform shall be available in the Internet following the web-site of the electronic platform https://uz.tab.ua/en. It may be accessed through the services of the electronic platform only according to the rules and procedures defined hereby.
  • 15.2. Any action, performed from the customer’s or the user’s computer workstation, shall be considered to be performed by the relevant customer or user.
  • 15.3. The electronic platform shall operate round-the-clock – twenty-four hours a day, seven days a week except for the time for scheduled preventive maintenance and unscheduled service breaks.

    In case the operator performs any scheduled preventive maintenance directly, information on the time and duration of the maintenance shall be posted on the electronic platform not later than two days before its beginning. Interruption of the electronic platform operation for preventative maintenance shall be allowed in off hours only.

    Preventative maintenance or unscheduled service breaks may lead to limitations of the access to the electronic platform, including its complete inaccessibility.

  • 15.4. The electronic platform shall use date and time of the time zone Kyiv city is situated at. Date format shall be – day, month, year / hours, minutes (seconds).
  • 15.5. The operator of the electronic platform shall provide the customers and users with all necessary informational and consultancy support (by phone or e-mail), and shall verify the users’ auction applications in working days from 9 a.m. till 6 p.m.
  • 15.6. The auction management on the electronic platform shall be performed in electronic form. All documents and information on registration or identification on the electronic platform, as well as the auction holding, including auction applications and any auction supporting documents shall be sent in the form of electronic documents (scanned copies), except as otherwise envisaged hereby.
  • 15.7. Any files provided by the users via the electronic platform, including those during auction documents submission, shall be those with extension .doc, .docx, .ppt, .pptx, .xls, .xlsx, .txt, .pdf, .jpeg, .png, .jpg, .tiff and shall not exceed 10 MB each.
  • 15.8. Any documents and information, obtained by the operator during the auction management, shall be stored subject to the following terms:
    • any documents, records, information and data shall be stored on electronic media in the form that allows the information integrity control;
    • any information in the documents shall be available for its further use;
    • restoration of a document in the format it has been created, sent or received shall be possible.
  • 15.9. The electronic platform shall support the user’s interface in Ukrainian and English.
  • 15.10. Pursuant to the terms and conditions of the open contest of the electronic trading (electronic auction) authority on sale of scrap metal of the PJSC "Ukrzaliznytsia", any information shall be accessed and sent by the Internet on the electronic platform using encryption protection of TLS Protocol Version 1.2 and more.

    To ensure full and correct operation on the electronic platform the users shall use the latest versions of Google Chrome, Mozilla Firefox, Opera, Safari and Internet Explorer (Microsoft Edge) Internet browsers.

  • 15.11. Information on the auction management procedures shall be communicated by sending messages by e-mail or personal account.
  • 15.12. The user agrees to receive any messages from the operator, including any new auction announcements, the auction rules, reminders, warnings, etc. by their registration on the electronic platform.

    If the user wishes, they may unsubscribe distribution of any new announcements in their personal account.

  • 15.13. Subject to the customer’s approval the operator may refuse to comply with the provisions hereof in exceptional cases, including in case of any force majeure, thereby they shall immediately inform the customer thereon and shall bring their actions in compliance with the provisions hereof and/ or bring the Rules in compliance with the new circumstances without delay.
16. Final clauses
  • 16.1. Current version of the Rules is freely available on the web-site of the electronic platform by https://uz.tab.ua/en/rules.
  • 16.2. Any amendments or additions hereto shall be introduced by the operator unilaterally. The operator shall notify on introduction of any amendments or additions hereto by obligatory posting of the amendments, additions or any new version of the Rules on the electronic platform web-site, thereby the Rules previous version (versions) shall be stored and the customers and users shall be informed on the amendments.
  • 16.3. Any amendments and additions hereto shall be compulsory for the customers and users, using the electronic platform as of the date of their posting on the electronic platform web-site, except as otherwise is envisaged by such amendments or additions.
  • 16.4. In case the users disagree any amendments or additions hereto, they shall stop using the electronic platform within seven days as of the moment they have learnt thereon.

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