Philippine Bidding Documents - UP Baguio

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the Supplies delivered are free from patent and latent defects and all theconditions imposed under this Contract have been fully met.17.4. The Procuring Entity shall promptly notify the Supplier in writing of any claimsarising under this warranty. Upon receipt of such notice, the Supplier shall,within the period specified in the SCC and with all reasonable speed, repair orreplace the defective Goods or parts thereof, without cost to the Procuring Entity.17.5. If the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in GCC Clause 17.4, the Procuring Entity may proceed to takesuch remedial action as may be necessary, at the Supplier’s risk and expense andwithout prejudice to any other rights which the Procuring Entity may have againstthe Supplier under the Contract and under the applicable law.18. Delays in the Supplier’s Performance18.1. Delivery of the Goods and/or performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the Procuring Entityin Section VI. Schedule of Requirements.18.2. If at any time during the performance of this Contract, the Supplier or itsSubcontractor(s) should encounter conditions impeding timely delivery of theGoods and/or performance of Services, the Supplier shall promptly notify theProcuring Entity in writing of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt of the Supplier’s notice, and uponcauses provided for under GCC Clause 22, the Procuring Entity shall evaluate thesituation and may extend the Supplier’s time for performance, in which case theextension shall be ratified by the parties by amendment of Contract.18.3. Except as provided under GCC Clause 22, a delay by the Supplier in theperformance of its obligations shall render the Supplier liable to the imposition ofliquidated damages pursuant to GCC Clause 19, unless an extension of time isagreed upon pursuant to GCC Clause 29 without the application of liquidateddamages.19. Liquidated DamagesSubject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any or allof the Goods and/or to perform the Services within the period(s) specified in thisContract inclusive of duly granted time extensions if any, the Procuring Entity shall,without prejudice to its other remedies under this Contract and under the applicable law,deduct from the Contract Price, as liquidated damages, a sum equivalent to thepercentage specified in the SCC of the delivered price of the delayed Goods orunperformed Services for each week or part thereof of delay until actual delivery orperformance, up to a maximum deduction of the percentage specified in the SCC. Oncethe maximum is reached, the Procuring Entity shall rescind the Contract pursuant toGCC Clause 23, without prejudice to other courses of action and remedies open to it.20. Settlement of Disputes20.1. If any dispute or difference of any kind whatsoever shall arise between theProcuring Entity and the Supplier in connection with or arising out of thisContract, the parties shall make every effort to resolve amicably such dispute ordifference by mutual consultation.20.2. If after thirty (30) days, the parties have failed to resolve their dispute ordifference by such mutual consultation, then either the Procuring Entity or theSupplier may give notice to the other party of its intention to commencearbitration, as hereinafter provided, as to the matter in dispute, and noarbitration in respect of this matter may be commenced unless such notice isgiven.20.3. Any dispute or difference in respect of which a notice of intention tocommence arbitration has been given in accordance with this Clause shall bePage 28 of 38
settled by arbitration. Arbitration may be commenced prior to or after delivery ofthe Goods under this Contract.20.4. Arbitration proceedings shall be conducted in accordance with the rules ofprocedure specified in the SCC.20.5. Notwithstanding any reference to arbitration herein, the parties shall continueto perform their respective obligations under the Contract unless they otherwiseagree; and the Procuring Entity shall pay the Supplier any monies due theSupplier.21. Liability of the Supplier21.1. Subject to additional provisions, if any, set forth in the SCC, the Supplier’sliability under this Contract shall be as provided by the laws of the Republic of the<strong>Philippine</strong>s.21.2. Except in cases of criminal negligence or willful misconduct, and in the case ofinfringement of patent rights, if applicable, the aggregate liability of the Supplierto the Procuring Entity shall not exceed the total Contract Price, provided thatthis limitation shall not apply to the cost of repairing or replacing defectiveequipment.22. Force Majeure22.1. The Supplier shall not be liable for forfeiture of its performance security,liquidated damages, or termination for default if and to the extent that its delayin performance or other failure to perform its obligations under the Contract isthe result of a force majeure.22.2. For purposes of this Contract the terms “force majeure” and “fortuitousevent” may be used interchangeably. In this regard, a fortuitous event or forcemajeure shall be interpreted to mean an event which the Contractor could nothave foreseen, or which though foreseen, was inevitable. It shall not includeordinary unfavorable weather conditions; and any other cause the effects ofwhich could have been avoided with the exercise of reasonable diligence by theContractor.22.3. If a force majeure situation arises, the Supplier shall promptly notify theProcuring Entity in writing of such condition and the cause thereof. Unlessotherwise directed by the Procuring Entity in writing, the Supplier shall continueto perform its obligations under the Contract as far as is reasonably practical, andshall seek all reasonable alternative means for performance not prevented by theforce majeure.23. Termination for Default23.1. The Procuring Entity shall terminate this Contract for default when any of thefollowing conditions attends its implementation:(a) Outside of force majeure, the Supplier fails to deliver or perform any or all ofthe Goods within the period(s) specified in the contract, or within anyextension thereof granted by the Procuring Entity pursuant to a request madeby the Supplier prior to the delay, and such failure amounts to at least tenpercent (10%) of the contact price;(b) As a result of force majeure, the Supplier is unable to deliver or perform anyor all of the Goods, amounting to at least ten percent (10%) of the contractprice, for a period of not less than sixty (60) calendar days after receipt of thenotice from the Procuring Entity stating that the circumstance of forcemajeure is deemed to have ceased; or(c) The Supplier fails to perform any other obligation under the Contract.Page 29 of 38
Page 2 and 3: Project Reference number : BID2013-
Page 5 and 6: 5. Eligible Bidders5.1. Unless othe
Page 7 and 8: 6.4. It shall be the sole responsib
Page 9 and 10: (iii.5) date of delivery; and(iii.6
Page 11 and 12: (ii) The price for inland transport
Page 13 and 14: 19.4. The bid, except for unamended
Page 15 and 16: 24.6. Each partner of a joint ventu
Page 17 and 18: calculated bid prices, as evaluated
Page 19 and 20: 31.3. Notwithstanding the issuance
Page 21 and 22: Section III. Bid Data SheetITB Clau
Page 23 and 24: Section IV. General Conditions of C
Page 25 and 26: 6. Scope of Contract6.1. The GOODS
Page 27: 15. Standardscopies) to the Procuri
Page 31 and 32: (d)Any other act analogous to the f
Page 33 and 34: Section V. Special Conditions of Co
Page 35 and 36: Section VII. Technical Specificatio
Page 37 and 38: Omnibus Sworn StatementREPUBLIC OF

Philippine Bidding Documents - UP Baguio

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