PART 3 CONTRACT - Pmueinrip-binamarga.com

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Bidding Documents for ESB-02Part 3 – ContractSection VIII. Special Conditions of Contractfinally settled under the Rules of Conciliation and Arbitration of theInternational Chamber of Commerce by one or more arbitratorsappointed in accordance with said Rules.(b) Contracts with Supplier national of the Purchaser’s country:In the case of a dispute between the Purchaser and a Supplier who isa national of the Purchaser’s country, the dispute shall be referred toarbitration in accordance with the laws of the Purchaser’s country,under the rules of arbitration of Badan Arbitrase Nasional Indonesia(BANI).GCC 13.1GCC 15.2GCC 16.1Details of Shipping and other Documents to be furnished by the Supplierare negotiable bill of lading, a non-negotiable sea way bill, an airway bill,a railway consignment note, a road consignment note, insurancecertificate, Supplier’s warranty certificate, inspection certificate issued bynominated inspection agency, as appropriate for the method of delivery.The above documents shall be received by the Purchaser before arrival ofthe Goods and, if not received, the Supplier will be responsible for anyconsequent expensesThe prices charged for the Goods supplied and the related Servicesperformed shall not be adjustable.The method and conditions of payment to be made to the Supplier underthis Contract shall be as follows:Payment for Goods supplied from abroad:Payment of foreign currency portion shall be made in ( )(i)Advance Payment: Twenty (20) percent of the Contract Price shallbe paid within thirty (30) days of signing of the Contract, and uponsubmission of claim and a bank guarantee for equivalent amountvalid until the Goods are delivered and in the form provided in thebidding documents or another form acceptable to the Purchaser.(ii) On Shipment: Seventy (70) percent of the Contract Price of theGoods shipped shall be paid through irrevocable confirmed letter ofcredit opened in favor of the Supplier in a bank in its country, uponsubmission of documents specified in GCC Clause 12.(iii) On Acceptance: Ten (10) percent of the Contract Price of Goodsreceived shall be paid within thirty (30) days of receipt of the Goodsupon submission of claim supported by the acceptance certificateissued by the Purchaser.Payment of local currency portion shall be made in Indonesian Rupiah3-20
Bidding Documents for ESB-02Part 3 – ContractSection VIII. Special Conditions of Contractwithin thirty (30) days of presentation of claim supported by a certificatefrom the Purchaser declaring that the Goods have been delivered and thatall other contracted Services have been performed.Payment for Goods and Services supplied from within thePurchaser’s country:Payment for Goods and Services supplied from within the Purchaser’scountry shall be made in Indonesian Rupiah, as follows:(i)Advance Payment: Twenty (20) percent of the Contract Price shallbe paid within thirty (30) days of signing of the Contract against asimple receipt and a bank guarantee for the equivalent amount andin the form provided in the bidding documents or another formacceptable to the Purchaser.(ii) On Delivery: Seventy (70) percent of the Contract Price shall bepaid on receipt of the Goods and upon submission of the documentsspecified in GCC Clause 13.(iii) On Acceptance: The remaining ten (10) percent of the ContractPrice shall be paid to the Supplier within thirty (30) days after thedate of the acceptance certificate for the respective delivery issuedby the Purchaser.GCC 16.5GCC 18.1GCC 18.3GCC 18.4GCC 23.2GCC 24.1The payment-delay period after which the Purchaser shall pay interest tothe supplier shall be 60 days.The interest rate that shall be applied is the annual rate of threepercentage points above the discount rate of the Bank of Indonesia ofthe currency of payment.A Performance Security shall be requiredThe amount of the Performance Security shall be 10% of Contract Price.The Performance Security shall be in the form of a Unconditional BankGuarantee and shall be denominated in the currencies of payment ofthe Contract, in accordance with their portions of the Contract PriceNot ApplicableThe packing, marking and documentation within and outside the packagesshall be specified in Section VI. Supply Requirements -Specifications: Article 4.01 Identification and Packing.The insurance coverage shall be as specified in the Incoterms.3-21
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