PART 3 CONTRACT - Pmueinrip-binamarga.com
PART 3 CONTRACT - Pmueinrip-binamarga.com PART 3 CONTRACT - Pmueinrip-binamarga.com
Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of Contractresolve their dispute or difference by such mutual consultation,then either the Purchaser or the Supplier may give notice to theother party of its intention to commence arbitration, ashereinafter provided, as to the matter in dispute, and noarbitration in respect of this matter may be commenced unlesssuch notice is given. Any dispute or difference in respect ofwhich a notice of intention to commence arbitration has beengiven in accordance with this Clause shall be finally settled byarbitration. Arbitration may be commenced prior to or afterdelivery of the Goods under the Contract. Arbitrationproceedings shall be conducted in accordance with the rules ofprocedure specified in the SCC.10.3 Notwithstanding any reference to arbitration herein,(a)(b)the parties shall continue to perform their respectiveobligations under the Contract unless they otherwise agree;andthe Purchaser shall pay the Supplier any monies due theSupplier.Inspections andAudit by theAusAIDScope of SupplyDelivery andDocumentsSupplier’sResponsibilities11.1 The Supplier shall permit the AusAID and/or persons appointedby the AusAID to inspect the Supplier’s offices and/or theaccounts and records of the Supplier and its sub-contractorsrelating to the performance of the Contract, and to have suchaccounts and records audited by auditors appointed by theAusAID if required by the AusAID. The Supplier’s attention isdrawn to Clause 3, which provides, inter alia, that acts intended tomaterially impede the exercise of the AusAID’s inspection andaudit rights provided for under Sub-Clause 11.1 constitute aprohibited practice subject to contract termination (as well as to adetermination of ineligibility under the Procurement Guidelines).12.1 The Goods and Related Services to be supplied shall be asspecified in the Schedule of Requirements.13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods andCompletion of the Related Services shall be in accordance withthe Delivery and Completion Schedule specified in the Scheduleof Requirements. The details of shipping and other documents tobe furnished by the Supplier are specified in the SCC.14.1 The Supplier shall supply all the Goods and Related Servicesincluded in the Scope of Supply in accordance with GCCClause 12, and the Delivery and Completion Schedule, as perGCC Clause 13.3-6
Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of ContractContract PriceTerms of Payment15.1 Prices charged by the Supplier for the Goods supplied and theRelated Services performed under the Contract shall not varyfrom the prices quoted by the Supplier in its bid, with theexception of any price adjustments authorized in the SCC.16.1 The Contract Price, including any Advance Payments, ifapplicable, shall be paid as specified in the SCC.16.2 The Supplier’s request for payment shall be made to thePurchaser in writing, accompanied by invoices describing, asappropriate, the Goods delivered and Related Servicesperformed, and by the documents submitted pursuant to GCCClause 13 and upon fulfillment of all other obligationsstipulated in the Contract.16.3 Payments shall be made promptly by the Purchaser, but in nocase later than sixty (60) days after submission of an invoice orrequest for payment by the Supplier, and after the Purchaserhas accepted it.16.4 The currencies in which payments shall be made to theSupplier under this Contract shall be those in which the bidprice is expressed.16.5 In the event that the Purchaser fails to pay the Supplier anypayment by its due date or within the period set forth in theSCC, the Purchaser shall pay to the Supplier interest on theamount of such delayed payment at the rate shown in the SCC,for the period of delay until payment has been made in full,whether before or after judgment or arbitrage award.Taxes and Duties17.1 For goods manufactured outside the Purchaser’s Country, theSupplier shall be entirely responsible for all taxes, stampduties, license fees, and other such levies imposed outside thePurchaser’s Country.17.2 For goods Manufactured within the Purchaser’s country, theSupplier shall be entirely responsible for all taxes, duties,license fees, etc., incurred until delivery of the contractedGoods to the Purchaser.17.3 If any tax exemptions, reductions, allowances or privileges maybe available to the Supplier in the Purchaser’s Country, thePurchaser shall use its best efforts to enable the Supplier tobenefit from any such tax savings to the maximum allowableextent.Performance18.1 If required as specified in the SCC, the Supplier shall, within3-7
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Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of Contractresolve their dispute or difference by such mutual consultation,then either the Purchaser or the Supplier may give notice to theother party of its intention to <strong>com</strong>mence arbitration, ashereinafter provided, as to the matter in dispute, and noarbitration in respect of this matter may be <strong>com</strong>menced unlesssuch notice is given. Any dispute or difference in respect ofwhich a notice of intention to <strong>com</strong>mence arbitration has beengiven in accordance with this Clause shall be finally settled byarbitration. Arbitration may be <strong>com</strong>menced prior to or afterdelivery of the Goods under the Contract. Arbitrationproceedings shall be conducted in accordance with the rules ofprocedure specified in the SCC.10.3 Notwithstanding any reference to arbitration herein,(a)(b)the parties shall continue to perform their respectiveobligations under the Contract unless they otherwise agree;andthe Purchaser shall pay the Supplier any monies due theSupplier.Inspections andAudit by theAusAIDScope of SupplyDelivery andDocumentsSupplier’sResponsibilities11.1 The Supplier shall permit the AusAID and/or persons appointedby the AusAID to inspect the Supplier’s offices and/or theaccounts and records of the Supplier and its sub-contractorsrelating to the performance of the Contract, and to have suchaccounts and records audited by auditors appointed by theAusAID if required by the AusAID. The Supplier’s attention isdrawn to Clause 3, which provides, inter alia, that acts intended tomaterially impede the exercise of the AusAID’s inspection andaudit rights provided for under Sub-Clause 11.1 constitute aprohibited practice subject to contract termination (as well as to adetermination of ineligibility under the Procurement Guidelines).12.1 The Goods and Related Services to be supplied shall be asspecified in the Schedule of Requirements.13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods andCompletion of the Related Services shall be in accordance withthe Delivery and Completion Schedule specified in the Scheduleof Requirements. The details of shipping and other documents tobe furnished by the Supplier are specified in the SCC.14.1 The Supplier shall supply all the Goods and Related Servicesincluded in the Scope of Supply in accordance with GCCClause 12, and the Delivery and Completion Schedule, as perGCC Clause 13.3-6
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